3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental, natural resources, and agricultural 1.4 purposes; establishing and modifying certain programs; 1.5 providing for regulation of certain activities and 1.6 practices; providing for accounts, assessments, and 1.7 fees; amending Minnesota Statutes 1998, sections 1.8 14.386; 16A.531, by adding a subdivision; 16B.171, as 1.9 amended; 17.03, by adding a subdivision; 17.038; 1.10 17.102, subdivision 4; 17.109, subdivision 1; 17.115, 1.11 subdivision 3; 17.116, subdivision 3; 17.117, 1.12 subdivision 3; 17.136; 17.457, subdivision 10; 17.59, 1.13 subdivision 5; 17.85; 17.982, subdivision 1; 17.983, 1.14 subdivision 1; 17A.11; 17B.15, subdivision 1; 18B.05, 1.15 subdivision 1; 18B.26, subdivision 5; 18C.131; 18E.02, 1.16 subdivision 5; 18E.03, subdivision 1; 21.115; 21.116; 1.17 21.90, subdivision 3; 21.92; 25.39, subdivision 4; 1.18 27.07, subdivision 6; 28A.075; 28A.08, subdivision 3, 1.19 as amended; 29.22, subdivision 5; 31.101, subdivision 1.20 10; 31.94; 31.95, subdivision 3a; 31A.01; 31A.02, 1.21 subdivision 4, and by adding subdivisions; 31A.15, 1.22 subdivision 1; 31A.21, subdivisions 1 and 3; 31A.31; 1.23 32.21, subdivision 4; 32.394, subdivision 9; 35.02, 1.24 subdivision 1; 35.04; 35.05; 35.08; 35.09, 1.25 subdivisions 2 and 2a; 35.67; 35.68; 35.82, 1.26 subdivisions 1b, 2, and 3; 35.92, subdivision 5; 1.27 35.93, subdivision 1; 41B.044, subdivision 2; 84.027, 1.28 subdivision 15; 84.0855, subdivision 2, and by adding 1.29 a subdivision; 84.81, by adding a subdivision; 1.30 84.8205, by adding a subdivision; 84.83, subdivisions 1.31 3 and 4; 84.86, subdivision 1; 84.862, subdivisions 1 1.32 and 2; 84.872, subdivision 1; 84.91, subdivision 1; 1.33 84.98, subdivision 6; 85.015, subdivision 4, and by 1.34 adding a subdivision; 85.019, subdivision 2, and by 1.35 adding subdivisions; 85.40, subdivision 5; 85.41, 1.36 subdivisions 1, 4, and 5; 85.42; 85.44; 85.45, 1.37 subdivision 1; 86B.415; 88.067; 89A.01, by adding a 1.38 subdivision; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 1.39 89A.07, subdivisions 3 and 5; 89A.10; 92.45; 92.46, 1.40 subdivision 1; 97B.020; 103B.227, subdivision 2; 1.41 103F.515, subdivision 2; 103G.271, subdivision 6; 1.42 115.55, subdivision 5a; 115A.02; 115A.908, subdivision 1.43 2; 115B.39, subdivision 2; 115B.40, subdivisions 2, 3, 1.44 4, 5, 6, 7, and 8; 115B.405, subdivision 1; 115B.42; 1.45 115B.43, subdivision 1; 115B.442, by adding a 1.46 subdivision; 116.07, subdivision 7; 116.072, by adding 2.1 a subdivision; 116.073, subdivisions 1 and 2; 156.001, 2.2 subdivisions 2, 3, and by adding a subdivision; 2.3 156.01, subdivision 3; 156.02, subdivisions 1 and 2; 2.4 156.03; 156.072; 156.10; 156.11; 156.12, subdivisions 2.5 2 and 4; 169.121, subdivision 3; 169.1217, subdivision 2.6 9; 169.123, subdivision 1; 171.07, subdivisions 12 and 2.7 13; 223.17, subdivision 3; 231.16; 232.22, subdivision 2.8 3; 233.08; 236.02, subdivision 4; 239.791, 2.9 subdivisions 1, 12, and by adding subdivisions; 2.10 290.431; 290.432; 296A.18, subdivision 3; 297H.13, 2.11 subdivision 5; 325E.11; 325E.112, subdivisions 1, 3, 2.12 and 4; 325E.113; 500.24, subdivisions 2 and 3; 2.13 574.263; and 574.264, subdivision 1; Laws 1995, 2.14 chapter 220, section 142, as amended; Laws 1996, 2.15 chapter 351, section 2, as amended; Laws 1998, 2.16 chapters 401, section 53; 404, section 7, subdivisions 2.17 23 and 26; and Laws 1999, chapters 4, section 2; and 2.18 161, section 44; proposing coding for new law in 2.19 Minnesota Statutes, chapters 17; 18E; 28A; 31B; 84; 2.20 103G; 115B; 116; and 156; repealing Minnesota Statutes 2.21 1998, sections 31A.28; 35.245; 35.96, subdivision 4; 2.22 42.01; 42.02; 42.03; 42.04; 42.05; 42.06; 42.07; 2.23 42.08; 42.09; 42.10; 42.11; 42.12; 42.13; 42.14; 2.24 86B.415, subdivision 7a; 446A.21; and 473.845, 2.25 subdivision 2. 2.26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.27 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 2.28 The sums shown in the columns marked "APPROPRIATIONS" are 2.29 appropriated from the general fund, or another named fund, to 2.30 the agencies and for the purposes specified in this article, to 2.31 be available for the fiscal years indicated for each purpose. 2.32 The figures "1999," "2000," and "2001," where used in this 2.33 article, mean that the appropriation or appropriations listed 2.34 under them are available for the year ending June 30, 1999, June 2.35 30, 2000, or June 30, 2001, respectively. The term "the first 2.36 year" means the year ending June 30, 2000, and the term "the 2.37 second year" means the year ending June 30, 2001. 2.38 SUMMARY BY FUND 2.39 1999 2000 2001 TOTAL 2.40 General $215,771,000 $208,447,000 $424,218,000 2.41 Petroleum Tank 3,583,000 3,393,000 6,976,000 2.42 State Government 2.43 Special Revenue 44,000 45,000 89,000 2.44 Special Revenue 523,000 200,000 723,000 2.45 Environmental 21,744,000 22,184,000 43,928,000 2.46 Solid Waste 7,153,000 7,229,000 14,382,000 2.47 Natural 2.48 Resources 26,406,000 25,832,000 52,238,000 2.49 Game and Fish 60,413,000 61,521,000 121,934,000 3.1 Minnesota 3.2 Future Resources 16,040,000 -0- 16,040,000 3.3 Environmental 3.4 Trust 991,000 13,005,000 13,005,000 27,001,000 3.5 Great Lakes 3.6 Protection 200,000 -0- 200,000 3.7 TOTAL 991,000 364,882,000 341,856,000 707,729,000 3.8 APPROPRIATIONS 3.9 Available for the Year 3.10 Ending June 30 3.11 2000 2001 3.12 Sec. 2. POLLUTION CONTROL 3.13 AGENCY 3.14 Subdivision 1. Total 3.15 Appropriation 48,018,000 48,210,000 3.16 Summary by Fund 3.17 General 16,875,000 17,074,000 3.18 Petroleum Tank 3,583,000 3,393,000 3.19 State Government 3.20 Special Revenue 44,000 45,000 3.21 Special Revenue 323,000 -0- 3.22 Environmental 20,140,000 20,569,000 3.23 Solid Waste 7,053,000 7,129,000 3.24 The amounts that may be spent from this 3.25 appropriation for each program are 3.26 specified in the following subdivisions. 3.27 Up to $300,000 in the first year and 3.28 $300,000 in the second year may be 3.29 redirected by the commissioner from the 3.30 program appropriations in subdivisions 3.31 2 to 5 for purposes of reducing the 3.32 length of time needed to process 3.33 feedlot permits and to provide 3.34 technical assistance to county feedlot 3.35 programs and feedlot owners. Not later 3.36 than February 15, 2000, the 3.37 commissioner must report on the sources 3.38 of redirected funds and the impact of 3.39 redirection on other programs of the 3.40 agency to the chairs of the senate and 3.41 house of representatives committees 3.42 with jurisdiction over environmental 3.43 finance. 3.44 Subd. 2. Protection of the Water 3.45 15,984,000 16,008,000 3.46 Summary by Fund 3.47 General 13,074,000 13,283,000 3.48 State Government 3.49 Special Revenue 44,000 45,000 3.50 Environmental 2,616,000 2,680,000 4.1 Petroleum tank 250,000 -0- 4.2 $2,348,000 the first year and 4.3 $2,348,000 the second year are for 4.4 grants to local units of government for 4.5 the clean water partnership program. 4.6 The amount of this appropriation above 4.7 the base is for Phase II implementation 4.8 projects. Any unencumbered balance 4.9 remaining in the first year does not 4.10 cancel and is available for the second 4.11 year of the biennium. 4.12 $1,470,000 the first year and 4.13 $1,841,000 the second year are for 4.14 grants for county administration of the 4.15 feedlot permit program. These amounts 4.16 are transferred to the board of water 4.17 and soil resources for disbursement in 4.18 accordance with Minnesota Statutes, 4.19 section 103B.3369, in cooperation with 4.20 the pollution control agency. Grants 4.21 must be matched with a combination of 4.22 local cash and/or in-kind 4.23 contributions. Counties receiving 4.24 these grants shall submit an annual 4.25 report to the pollution control agency 4.26 regarding activities conducted under 4.27 the grant, expenditures made, and local 4.28 match contributions. First priority 4.29 for funding shall be given to counties 4.30 that have requested and received 4.31 delegation from the pollution control 4.32 agency for processing of animal feedlot 4.33 permit applications under Minnesota 4.34 Statutes, section 116.07, subdivision 4.35 7. Delegated counties shall be 4.36 eligible to receive a grant of either: 4.37 $50 multiplied by the number of 4.38 livestock or poultry farms with sales 4.39 greater than $10,000, as reported in 4.40 the 1997 Census of Agriculture, 4.41 published by the United States Bureau 4.42 of Census; or $80 multiplied by the 4.43 number of feedlots with greater than 4.44 ten animal units as determined by a 4.45 level 2 or level 3 feedlot inventory 4.46 conducted in accordance with the 4.47 Feedlot Inventory Guidebook published 4.48 by the board of water and soil 4.49 resources, dated June 1991. To receive 4.50 the additional funding that is based on 4.51 the county feedlot inventory, the 4.52 county shall submit a copy of the 4.53 inventory to the pollution control 4.54 agency. Any remaining money is for 4.55 distribution to all counties on a 4.56 competitive basis through the challenge 4.57 grant process for the conducting of 4.58 feedlot inventories, development of 4.59 delegated county feedlot programs, and 4.60 for information and education or 4.61 technical assistance efforts to reduce 4.62 feedlot-related pollution hazards. Any 4.63 money remaining after the first year is 4.64 available for the second year. 4.65 $94,000 the first year and $97,000 the 4.66 second year are for compliance 4.67 activities and air quality monitoring 4.68 to address hydrogen sulfide emissions 5.1 from animal feedlots. The air quality 5.2 monitoring must include the use of 5.3 portable survey instruments. 5.4 $1,043,000 the first year and 5.5 $1,048,000 the second year are for 5.6 water monitoring activities. 5.7 $320,000 the first year and $322,000 5.8 the second year are for community 5.9 technical assistance and education, 5.10 including grants and technical 5.11 assistance to communities for local and 5.12 basin-wide water quality protection. 5.13 $201,000 the first year and $202,000 5.14 the second year are for individual 5.15 sewage treatment system (ISTS) 5.16 administration. Of this amount, $86,000 5.17 in each year is transferred to the 5.18 board of water and soil resources for 5.19 assistance to local units of government 5.20 through competitive grant programs for 5.21 ISTS program development. 5.22 $200,000 in each year is for individual 5.23 sewage treatment system grants. Any 5.24 unexpended balance in the first year 5.25 does not cancel, but is available in 5.26 the second year. 5.27 $250,000 the first year and $500,000 5.28 the second year are for studies to 5.29 determine total maximum daily load 5.30 allocations to improve water quality. 5.31 $300,000 each year is for continuing 5.32 research on malformed frogs. This is a 5.33 one-time appropriation. 5.34 $126,000 is for administration of the 5.35 wastewater infrastructure fund (WIF) 5.36 construction program. This is a 5.37 one-time appropriation. 5.38 $250,000 the first year, 5.39 notwithstanding Minnesota Statutes, 5.40 section 115C.08, subdivision 4, is from 5.41 the petroleum tank release fund for the 5.42 following purposes: (1) to purchase 5.43 and distribute emergency spill response 5.44 equipment, such as spill containment 5.45 booms, sorbent pads, and installation 5.46 tools, along the Mississippi river 5.47 upstream of drinking water intakes at 5.48 the locations designated by the agency 5.49 in consultation with the Mississippi 5.50 River Defense Network; (2) to purchase 5.51 mobile trailers to contain the 5.52 equipment in clause (1) so that rapid 5.53 deployment can occur; and (3) to 5.54 conduct spill response training for 5.55 those groups of responders receiving 5.56 the spill response equipment described 5.57 in clause (1). The agency shall 5.58 develop and administer protocol for the 5.59 use of the equipment among all 5.60 potential users, including private 5.61 contract firms, public response 5.62 agencies, and units of government. Any 5.63 money remaining after the first year is 6.1 available for the second year. This is 6.2 a one-time appropriation. 6.3 $200,000 the first year is for a grant 6.4 to the University of Minnesota center 6.5 for rural technology and cooperative 6.6 development for the continued 6.7 development of water quality 6.8 cooperatives that own or control 6.9 alternative discharging sewage systems 6.10 as defined in Minnesota Statutes, 6.11 section 115.58, subdivision 1. The 6.12 university must study and prepare a 6.13 report to the legislature on the 6.14 barriers to financing and permitting 6.15 cost-effective innovative or 6.16 alternative sewage treatment 6.17 technologies, systems, methods, and 6.18 processes under existing statutes, 6.19 agency rules, and practices, and on the 6.20 potential for such treatment 6.21 technologies for reducing point and 6.22 nonpoint sources of water pollution. 6.23 As a condition of this grant, the 6.24 university must submit a work program 6.25 and submit semiannual progress reports 6.26 as provided in Minnesota Statutes, 6.27 section 116P.05, subdivision 2, 6.28 paragraph (c). This is a one-time 6.29 appropriation. 6.30 $100,000 for the biennium is for a 6.31 grant to the city of Garrison for the 6.32 Garrison, Kathio, West Mille Lacs Lake 6.33 Sanitary District for the cost of 6.34 environmental studies, planning, and 6.35 legal assistance for sewage treatment 6.36 purposes. This is a one-time 6.37 appropriation. 6.38 Until July 1, 2001, the agency shall 6.39 not approve additional fees on animal 6.40 feedlot operations. 6.41 Subd. 3. Protection of the Air 6.42 8,194,000 8,023,000 6.43 Summary by Fund 6.44 General 181,000 142,000 6.45 Special Revenue 323,000 -0- 6.46 Environmental 7,690,000 7,881,000 6.47 Up to $150,000 the first year and 6.48 $150,000 the second year may be 6.49 transferred to the small business 6.50 environmental improvement loan account 6.51 established in Minnesota Statutes, 6.52 section 116.994. 6.53 $200,000 each year from the 6.54 environmental fund is for a monitoring 6.55 program under Minnesota Statutes, 6.56 section 116.454. 6.57 $181,000 the first year and $142,000 6.58 the second year are for mercury 6.59 reduction strategies other than 7.1 education programs. 7.2 Subd. 4. Protection of the 7.3 Land 7.4 16,808,000 17,079,000 7.5 Summary by Fund 7.6 General 1,722,000 1,746,000 7.7 Petroleum Tank 2,891,000 2,951,000 7.8 Environmental 6,278,000 6,417,000 7.9 Solid Waste 5,917,000 5,965,000 7.10 All money in the environmental 7.11 response, compensation, and compliance 7.12 account in the environmental fund not 7.13 otherwise appropriated is appropriated 7.14 to the commissioners of the pollution 7.15 control agency and the department of 7.16 agriculture for purposes of Minnesota 7.17 Statutes, section 115B.20, subdivision 7.18 2, clauses (1), (2), (3), (4), (10), 7.19 (11), and (12). At the beginning of 7.20 each fiscal year, the two commissioners 7.21 shall jointly submit an annual spending 7.22 plan to the commissioner of finance 7.23 that maximizes the utilization of 7.24 resources and appropriately allocates 7.25 the money between the two agencies. 7.26 This appropriation is available until 7.27 June 30, 2001. 7.28 The agency's annual performance reports 7.29 required for this biennium under 7.30 Minnesota Statutes, section 15.91, must 7.31 specify the amount of lead, mercury, 7.32 and cadmium contained in sewage 7.33 biosolids spread on the land after 7.34 wastewater treatment. 7.35 $136,000 the first year and $139,000 7.36 the second year are from the solid 7.37 waste fund for staff and associated 7.38 expenses related to permitting, 7.39 compliance, and response actions at 7.40 eligible facilities under Minnesota 7.41 Statutes, section 473.845. 7.42 $196,000 the first year and $200,000 7.43 the second year are from the solid 7.44 waste fund to be transferred to the 7.45 department of health for private water 7.46 supply monitoring and health assessment 7.47 costs in areas contaminated by 7.48 unpermitted mixed municipal solid waste 7.49 disposal facilities. 7.50 $550,000 the first year and $550,000 7.51 the second year are from the petroleum 7.52 tank release fund for purposes of the 7.53 leaking underground storage tank 7.54 program to protect the land. 7.55 $85,000 the first year is from the 7.56 solid waste fund for a grant to Benton 7.57 county to pay the principal amount due 7.58 in fiscal year 2000 on bonds issued by 8.1 the county to pay part of a final order 8.2 or settlement of a lawsuit for 8.3 environmental response costs at a mixed 8.4 municipal solid waste facility. This 8.5 money and any future money appropriated 8.6 for this purpose must be apportioned by 8.7 Benton county among the local units of 8.8 government that were parties to the 8.9 final order or settlement in the same 8.10 proportion that the local units of 8.11 government agreed to as their share of 8.12 the liability. This is a one-time 8.13 appropriation. 8.14 Subd. 5. General Support 8.15 7,032,000 7,100,000 8.16 Summary by Fund 8.17 General 1,898,000 1,903,000 8.18 Petroleum Tank 442,000 442,000 8.19 Environmental 3,556,000 3,591,000 8.20 Solid Waste 1,136,000 1,164,000 8.21 Sec. 3. OFFICE OF ENVIRONMENTAL 8.22 ASSISTANCE 21,538,000 21,776,000 8.23 Summary by Fund 8.24 General 20,270,000 20,503,000 8.25 Environmental 1,268,000 1,273,000 8.26 $14,008,000 each year is for SCORE 8.27 block grants to counties. 8.28 Any unencumbered grant and loan 8.29 balances in the first year do not 8.30 cancel but are available for grants and 8.31 loans in the second year. 8.32 All money in the metropolitan landfill 8.33 abatement account in the environmental 8.34 fund not otherwise appropriated is 8.35 appropriated to the office of 8.36 environmental assistance for the 8.37 purposes of Minnesota Statutes, section 8.38 473.844. 8.39 Notwithstanding Minnesota Statutes, 8.40 section 115A.54, subdivision 2a, 8.41 paragraph (h), and rules of the office 8.42 of environmental assistance, an 8.43 applicant that receives a grant from 8.44 money appropriated in Laws 1998, 8.45 chapter 404, section 8, for less than 8.46 25 percent of the total capital costs 8.47 of a project may be issued a second 8.48 grant for capital costs of the project 8.49 from other money appropriated for 8.50 capital assistance grants. For the 8.51 purpose of the grants issued under this 8.52 item, each grant phase of the project 8.53 shall be considered a separate project, 8.54 but not for purposes of determining the 8.55 maximum grant assistance as provided in 8.56 Minnesota Statutes, section 115A.54, 9.1 subdivision 2a. 9.2 $65,000 of the remaining balance of the 9.3 funds appropriated pursuant to Laws 9.4 1988, chapter 685, section 43, is 9.5 reappropriated for purposes of 9.6 education of the public and businesses 9.7 on the proper disposal of used motor 9.8 oil, used motor oil filters, and other 9.9 automotive wastes. 9.10 Sec. 4. ZOOLOGICAL BOARD 7,149,000 7,229,000 9.11 Sec. 5. NATURAL RESOURCES 9.12 Subdivision 1. Total 9.13 Appropriation 207,502,000 202,510,000 9.14 Summary by Fund 9.15 General 120,616,000 115,091,000 9.16 Natural Resources 26,373,000 25,798,000 9.17 Game and Fish 60,413,000 61,521,000 9.18 Solid Waste 100,000 100,000 9.19 The amounts that may be spent from this 9.20 appropriation for each program are 9.21 specified in the following subdivisions. 9.22 Subd. 2. Mineral Resources Management 9.23 5,054,000 5,164,000 9.24 $312,000 the first year and $313,000 9.25 the second year are for iron ore 9.26 cooperative research, of which $225,000 9.27 the first year and $225,000 the second 9.28 year are available only as matched by 9.29 $1 of nonstate money for each $1 of 9.30 state money. Any unencumbered balance 9.31 remaining in the first year does not 9.32 cancel but is available for the second 9.33 year. 9.34 $378,000 the first year and $379,000 9.35 the second year are for mineral 9.36 diversification. Any unencumbered 9.37 balance remaining in the first year 9.38 does not cancel but is available for 9.39 the second year. 9.40 $101,000 the first year and $101,000 9.41 the second year are for minerals 9.42 cooperative environmental research, of 9.43 which $50,500 the first year and 9.44 $50,500 the second year are available 9.45 only as matched by $1 of nonstate money 9.46 for each $1 of state money. Any 9.47 unencumbered balance remaining in the 9.48 first year does not cancel but is 9.49 available for the second year. 9.50 Subd. 3. Water Resources Management 9.51 15,215,000 12,559,000 9.52 Summary by Fund 10.1 General 14,953,000 12,290,000 10.2 Natural Resources 262,000 269,000 10.3 $170,000 the first year and $170,000 10.4 the second year are for a grant to the 10.5 Mississippi headwaters board for up to 10.6 50 percent of the cost of implementing 10.7 the comprehensive plan for the upper 10.8 Mississippi within areas under its 10.9 jurisdiction. 10.10 $17,000 the first year and $17,000 the 10.11 second year are for payment to the 10.12 Leech Lake Band of Chippewa Indians to 10.13 implement its portion of the 10.14 comprehensive plan for the upper 10.15 Mississippi. 10.16 $502,000 the first year and $503,000 10.17 the second year are for water 10.18 monitoring activities, including 10.19 gauging of priority lakes and 10.20 watersheds, dissemination of 10.21 information, replacement of equipment, 10.22 and installation of observation wells, 10.23 groundwater sensitivity maps, and 10.24 documentation. 10.25 $25,000 the first year and $25,000 the 10.26 second year are for a grant to the 10.27 joint powers board established under 10.28 Minnesota Statutes, section 471.59, for 10.29 the Lewis and Clark rural water system. 10.30 $1,950,000 the first year and 10.31 $1,000,000 the second year are for 10.32 grants to watershed districts located 10.33 within the Red river basin for flood 10.34 damage reduction projects and 10.35 activities associated with the 10.36 implementation of the mediation 10.37 agreement, including comprehensive 10.38 watershed plans, agency 10.39 interdisciplinary teams for each 10.40 watershed in the Red river valley, and 10.41 a basin information repository, 10.42 including data on flood flows and water 10.43 supply. 10.44 $468,000 the first year is for the 10.45 construction of ring dikes under 10.46 Minnesota Statutes, section 103F.161. 10.47 The ring dikes may be publicly or 10.48 privately owned. This is a one-time 10.49 appropriation. 10.50 $1,100,000 the first year is for the 10.51 stream protection and redevelopment 10.52 loan program under Minnesota Statutes, 10.53 section 103G.705. 10.54 $116,000 the first year and $116,000 10.55 the second year are for grants to the 10.56 counties of Beltrami, Marshall, and 10.57 Roseau for the payment of unpaid back 10.58 ditch assessments on state lands. 10.59 $20,000 in fiscal year 2000 is for a 10.60 feasibility study of raising the 10.61 control elevation of Coon Lake in Anoka 11.1 county. The study must be completed by 11.2 February 1, 2000. 11.3 $200,000 the first year and $150,000 11.4 the second year are for a grant to the 11.5 Cannon river watershed partnership for 11.6 protection, conservation, and 11.7 enhancement of the ecological integrity 11.8 of the Cannon river watershed. The 11.9 grant the second year is contingent 11.10 upon the establishment of a joint 11.11 powers board by the counties of Steele, 11.12 Rice, Goodhue, LeSueur, Waseca, and 11.13 Dakota, and any cities and towns within 11.14 the counties, to prepare a land use 11.15 management and recreation plan for the 11.16 Cannon river watershed; and to 11.17 eventually provide grant programs for 11.18 protection, conservation, and 11.19 enhancement of the ecological integrity 11.20 of the Cannon river watershed. The 11.21 goal of the plan is to protect the 11.22 river system's natural beauty, 11.23 environment, and water quality. The 11.24 purpose of the plan is to assist local 11.25 units of government within the Cannon 11.26 river watershed to adequately plan for 11.27 the protective management of the river 11.28 within their jurisdiction. The plan 11.29 and programs must meet or exceed the 11.30 requirements of state shoreland, 11.31 floodplain, and wild and scenic river 11.32 laws. The joint powers board must seek 11.33 available federal funding, and funding 11.34 or in-kind services from organizations 11.35 and local units of government to 11.36 complete the plan and implement the 11.37 program. This is a one-time 11.38 appropriation. 11.39 $118,000 is for a grant to the city of 11.40 Thief River Falls to finish dredging 11.41 projects within the city on the Red 11.42 Lake river and the Thief river. This 11.43 appropriation is in addition to the 11.44 appropriation in Laws 1997, chapter 11.45 216, section 5, subdivision 3. This 11.46 appropriation is available to the 11.47 extent matched by an equal amount of 11.48 nonstate money until June 30, 2001. 11.49 This is a one-time appropriation. 11.50 Subd. 4. Forest Management 11.51 34,670,000 35,175,000 11.52 Summary by Fund 11.53 General 34,207,000 34,701,000 11.54 Natural Resources 463,000 474,000 11.55 $3,599,000 the first year and 11.56 $3,688,000 the second year are for 11.57 presuppression and suppression costs of 11.58 emergency fire fighting. If the 11.59 appropriation for either year is 11.60 insufficient to cover all costs of 11.61 suppression, the amount necessary to 11.62 pay for emergency firefighting expenses 11.63 during the biennium is appropriated 12.1 from the general fund. If money is 12.2 spent under the appropriation in the 12.3 preceding sentence, the commissioner of 12.4 natural resources shall, by 15 days 12.5 after the end of the following quarter, 12.6 report on how the money was spent to 12.7 the chairs of the house of 12.8 representatives ways and means 12.9 committee, the environment and 12.10 agriculture budget division of the 12.11 senate environment and natural 12.12 resources committee, and the house of 12.13 representatives environment and natural 12.14 resources finance committee. The 12.15 appropriations may not be transferred. 12.16 $722,000 the first year and $724,000 12.17 the second year are for programs and 12.18 practices on state, county, and private 12.19 lands to regenerate and protect 12.20 Minnesota's white pine. Up to $280,000 12.21 of the appropriation in each year may 12.22 be used by the commissioner to provide 12.23 50 percent matching funds to implement 12.24 cultural practices for white pine 12.25 management on nonindustrial, private 12.26 forest lands at rates specified in the 12.27 Minnesota stewardship incentives 12.28 program manual. Up to $150,000 of the 12.29 appropriation in each year may be used 12.30 by the commissioner to provide funds to 12.31 implement cultural practices for white 12.32 pine management on county-administered 12.33 lands through grant agreements with 12.34 individual counties, with priorities 12.35 for areas that experienced wind damage 12.36 in July 1995. $40,000 each year is for 12.37 a study of the natural regeneration 12.38 process of white pine. The remainder 12.39 of the funds in each fiscal year will 12.40 be available to the commissioner for 12.41 white pine regeneration and protection 12.42 on department-administered lands. 12.43 The commissioner may contract with and 12.44 make grants to nonprofit agencies to 12.45 carry out the purposes, plans, and 12.46 programs of the office of youth 12.47 programs, Minnesota conservation corps. 12.48 $61,000 the first year and $62,000 the 12.49 second year are for the focus on 12.50 community forests program, to provide 12.51 communities with natural resources 12.52 technical assistance. 12.53 $225,000 the first year is for grants 12.54 to local community forest ecosystem 12.55 health programs. This appropriation is 12.56 available until June 30, 2001. The 12.57 commissioner of natural resources shall 12.58 allocate individual grants of up to 12.59 $25,000 to local communities that match 12.60 the grants with nonstate money to 12.61 undertake projects that improve the 12.62 health of forest ecosystems, including 12.63 insect and disease suppression 12.64 programs, community-based forest health 12.65 education programs, and other 12.66 arboricultural treatments. 13.1 $100,000 the first year and $100,000 13.2 the second year are an increase in the 13.3 base appropriation for the Minnesota 13.4 conservation corps program activities. 13.5 $500,000 each year is for the 13.6 activities of the forest resources 13.7 council. This is a one-time 13.8 appropriation. 13.9 Subd. 5. Parks and Recreation 13.10 Management 13.11 30,210,000 30,850,000 13.12 Summary by Fund 13.13 General 29,576,000 30,214,000 13.14 Natural Resources 634,000 636,000 13.15 $634,000 the first year and $636,000 13.16 the second year are from the water 13.17 recreation account in the natural 13.18 resources fund for state park 13.19 development projects. If the 13.20 appropriation in either year is 13.21 insufficient, the appropriation for the 13.22 other year is available for it. 13.23 $4,500,000 the first year and 13.24 $4,500,000 the second year are for 13.25 payment of a grant to the metropolitan 13.26 council for metropolitan area regional 13.27 parks and trails maintenance and 13.28 operation. $1,500,000 each year is a 13.29 one-time appropriation. 13.30 $50,000 the first year is for a grant 13.31 to the city of Taylors Falls for fire 13.32 and rescue operations in support of 13.33 Interstate park. 13.34 Notwithstanding any law to the 13.35 contrary, effective the day following 13.36 final enactment, the commissioner of 13.37 natural resources may enter into a 13.38 30-year lease with the Minneapolis park 13.39 and recreation board for the golf 13.40 course and polo grounds at Fort 13.41 Snelling. The land to be leased shall 13.42 be used for recreation purposes in the 13.43 development of athletic fields 13.44 connected with the property. The 13.45 commissioner of natural resources is 13.46 not obligated to make improvements on 13.47 the leased property. 13.48 Subd. 6. Trails and Waterways 13.49 Management 13.50 20,567,000 17,622,000 13.51 Summary by Fund 13.52 General 3,967,000 2,083,000 13.53 Natural Resources 14,703,000 13,931,000 13.54 Game and Fish 1,897,000 1,608,000 14.1 $4,649,000 the first year and 14.2 $4,649,000 the second year are from the 14.3 snowmobile trails and enforcement 14.4 account in the natural resources fund 14.5 for snowmobile grants-in-aid. 14.6 $256,000 the first year and $257,000 14.7 the second year are from the water 14.8 recreation account in the natural 14.9 resources fund for a safe harbor 14.10 program on Lake Superior. Any 14.11 unencumbered balance at the end of the 14.12 first year does not cancel and is 14.13 available for the second year. 14.14 $500,000 the first year and $1,000,000 14.15 the second year are from the natural 14.16 resources fund for expansion of 14.17 off-highway vehicle facilities. Of 14.18 these amounts, $200,000 the first year 14.19 and $400,000 the second year are from 14.20 the all-terrain vehicle account, 14.21 $75,000 the first year and $150,000 the 14.22 second year are from the off-highway 14.23 motorcycle account, and $225,000 the 14.24 first year and $450,000 the second year 14.25 are from the off-road vehicle account 14.26 in the natural resources fund. This 14.27 appropriation is available until 14.28 expended. 14.29 $1,500,000 the first year and $75,000 14.30 the second year are from the natural 14.31 resources fund to plan, acquire, 14.32 develop, and operate the Iron Range 14.33 off-highway vehicle recreation area. 14.34 The first year appropriation is 14.35 one-time and available until expended. 14.36 Of the amount appropriated the first 14.37 year, $750,000 is from the all-terrain 14.38 vehicle account, $600,000 is from the 14.39 off-road vehicle account, and $150,000 14.40 is from the off-highway motorcycle 14.41 account. Of the amount appropriated in 14.42 the second year, $37,500 is from the 14.43 all-terrain vehicle account, $30,000 is 14.44 from the off-road account, and $7,500 14.45 is from the off-highway motorcycle 14.46 account. The appropriations are 14.47 available until expended. 14.48 $100,000 the first year is for the 14.49 planning, development, and construction 14.50 of the Gitchi-Gami trail on the north 14.51 shore of Lake Superior. The trail must 14.52 be designed primarily for hiking and 14.53 bicycling and must connect communities, 14.54 state parks, and other points of 14.55 interest along the north shore. 14.56 $175,000 is for a grant to the Ramsey 14.57 county board of commissioners and the 14.58 Washington county board of 14.59 commissioners to cooperatively develop 14.60 a master plan, with the cooperation and 14.61 assistance of the Minnesota parks and 14.62 trails council, for a trail around 14.63 Silver Lake, a White Bear Lake to 14.64 Stillwater regional trail, a trail and 14.65 route around White Bear Lake and trail 14.66 connections with the Gateway trail and 15.1 other state or regional trails within 15.2 the counties. The master plan must be 15.3 developed with the cities of North St. 15.4 Paul, Maplewood, Oakdale, Birchwood, 15.5 Dellwood, Mahtomedi, and White Bear 15.6 Lake, White Bear township, and the 15.7 departments of natural resources and 15.8 transportation. This is a one-time 15.9 appropriation. 15.10 $500,000 the first year is for 15.11 development of nonpaved alternate 15.12 trails that are adjacent to the 15.13 Heartland and Paul Bunyan state trails. 15.14 $50,000 is for planning and 15.15 archaeological costs of a multiuse 15.16 trail connecting the Douglas trail in 15.17 Rochester with Chester Woods county 15.18 park and the cities of Eyota and Dover. 15.19 $200,000 the first year is for 15.20 construction of a snowmobile trail to 15.21 connect the Willard Munger state trail 15.22 at Hermantown to the North Shore state 15.23 trail in Duluth. 15.24 The amount raised from the sale of 15.25 metal traction device stickers under 15.26 Minnesota Statutes, section 84.8715, 15.27 prior to June 30, 1999, is appropriated 15.28 in fiscal year 1999 for the repair of 15.29 paved public trails damaged by 15.30 snowmobiles. This appropriation is 15.31 available until spent. 15.32 By January 15, 2001, the commissioner 15.33 shall make recommendations to the 15.34 governor and legislature on retaining 15.35 the interest earnings in accounts 15.36 within the natural resources fund. 15.37 $900,000 is to the city of St. Paul for 15.38 the acquisition of the portion of the 15.39 Trout Brook Corridor located between 15.40 Maryland Avenue, I-35E, Cayuga Street, 15.41 and Agate Street. The lands shall be 15.42 acquired for the reestablishment of 15.43 natural habitat, as well as passive 15.44 recreational and environmental 15.45 educational opportunities. This is a 15.46 one-time appropriation. 15.47 Subd. 7. Fish and Wildlife Management 15.48 46,970,000 47,675,000 15.49 Summary by Fund 15.50 General 8,331,000 8,046,000 15.51 Natural Resources 2,091,000 2,132,000 15.52 Game and Fish 36,548,000 37,497,000 15.53 $316,000 the first year and $322,000 15.54 the second year are for resource 15.55 population surveys in the 1837 treaty 15.56 area. Of this amount, $108,000 the 15.57 first year and $109,000 the second year 15.58 are from the game and fish fund. 16.1 $965,000 the first year and $985,000 16.2 the second year are from the nongame 16.3 wildlife management account in the 16.4 natural resources fund for the purpose 16.5 of nongame wildlife management. Any 16.6 unencumbered balance remaining in the 16.7 first year does not cancel but is 16.8 available the second year. 16.9 $1,391,000 the first year and 16.10 $1,420,000 the second year are for the 16.11 reinvest in Minnesota programs of game 16.12 and fish, critical habitat, and 16.13 wetlands established under Minnesota 16.14 Statutes, section 84.95, subdivision 16.15 2. Any unencumbered balance for the 16.16 first year does not cancel but is 16.17 available for use the second year. 16.18 $1,401,000 the first year and 16.19 $1,409,000 the second year are from the 16.20 wildlife acquisition account for only 16.21 the purposes specified in Minnesota 16.22 Statutes, section 97A.071, subdivision 16.23 2a. 16.24 $1,203,000 the first year and 16.25 $1,222,000 the second year are from the 16.26 deer habitat improvement account for 16.27 only the purposes specified in 16.28 Minnesota Statutes, section 97A.075, 16.29 subdivision 1, paragraph (b). 16.30 $147,000 the first year and $147,000 16.31 the second year are from the deer and 16.32 bear management account for only the 16.33 purposes specified in Minnesota 16.34 Statutes, section 97A.075, subdivision 16.35 1, paragraph (c). 16.36 $682,000 the first year and $691,000 16.37 the second year are from the waterfowl 16.38 habitat improvement account for only 16.39 the purposes specified in Minnesota 16.40 Statutes, section 97A.075, subdivision 16.41 2. 16.42 $658,000 the first year and $662,000 16.43 the second year are from the trout and 16.44 salmon management account for only the 16.45 purposes specified in Minnesota 16.46 Statutes, section 97A.075, subdivision 16.47 3. 16.48 $546,000 the first year and $546,000 16.49 the second year are from the pheasant 16.50 habitat improvement account for only 16.51 the purposes specified in Minnesota 16.52 Statutes, section 97A.075, subdivision 16.53 4. In addition to the purposes 16.54 specified in Minnesota Statutes, 16.55 section 97A.075, subdivision 4, this 16.56 appropriation may be used for pheasant 16.57 restocking efforts. 16.58 $84,000 the first year and $85,000 the 16.59 second year are from the wild turkey 16.60 management account for only the 16.61 purposes specified in Minnesota 16.62 Statutes, section 97A.075, subdivision 16.63 5. 17.1 $25,000 the first year is to publicize 17.2 the critical habitat license plate 17.3 match program and $25,000 the second 17.4 year is to publicize the tax donation 17.5 checkoff to the nongame wildlife 17.6 program. 17.7 $299,000 the first year and $303,000 17.8 the second year are from the game and 17.9 fish fund for activities relating to 17.10 reduction and prevention of property 17.11 damage by wildlife. $50,000 each year 17.12 is for emergency damage abatement 17.13 materials. 17.14 $100,000 the first year and $100,000 17.15 the second year are for water 17.16 monitoring activities, including 17.17 integrated monitoring using biology, 17.18 chemistry, hydrology, and habitat 17.19 assessment for water quality assessment. 17.20 $25,000 is for an independent actuarial 17.21 study of the fee structure for lifetime 17.22 hunting and fishing licenses. 17.23 $1,565,000 the first year and 17.24 $1,565,000 the second year are for 17.25 field operation costs associated with 17.26 the division of wildlife and fish. 17.27 Eighty-five percent of this 17.28 appropriation must be used for regional 17.29 field operations. The commissioner 17.30 must provide a report by February 1, 17.31 2000, to the legislative finance 17.32 committees on natural resources on how 17.33 and where the money for regional field 17.34 operations has been spent. 17.35 $500,000 the first year and $500,000 17.36 the second year are for expansion of 17.37 the walleye stocking program. 17.38 $100,000 the first year is for grants 17.39 for the joint development with the 17.40 Minnesota office of the National 17.41 Audobon Society to be split equally 17.42 between the Minnesota river valley 17.43 birding trail and a Mississippi river 17.44 valley birding trail. The Mississippi 17.45 river parkway commission also shall 17.46 assist with the Mississippi river 17.47 valley birding trail. The grants shall 17.48 be available to support initial 17.49 planning and design for the trails. A 17.50 work plan for each trail must be 17.51 approved by the department of natural 17.52 resources. The appropriation is 17.53 available for the biennium ending June 17.54 30, 2001. 17.55 Subd. 8. Enforcement 17.56 21,856,000 22,001,000 17.57 Summary by Fund 17.58 General 3,874,000 3,645,000 17.59 Natural Resources 4,596,000 4,652,000 18.1 Game and Fish 13,286,000 13,604,000 18.2 Solid Waste 100,000 100,000 18.3 $1,082,000 the first year and 18.4 $1,082,000 the second year are from the 18.5 water recreation account in the natural 18.6 resources fund for grants to counties 18.7 for boat and water safety. 18.8 $100,000 each year is from the solid 18.9 waste fund for solid waste enforcement 18.10 activities under Minnesota Statutes, 18.11 section 116.073. 18.12 $400,000 each year from the snowmobile 18.13 trails and enforcement account in the 18.14 natural resources fund is for grants to 18.15 local law enforcement agencies for 18.16 snowmobile enforcement activities above 18.17 and beyond current levels of local law 18.18 enforcement activities. 18.19 $302,000 the first year is for 18.20 conversion to the Minnesota state 18.21 patrol's 800 MHz radio system in the 18.22 nine-county metropolitan area. 18.23 Overtime shall be distributed to 18.24 conservation officers at historical 18.25 levels. If funding for enforcement is 18.26 reduced because of an unallotment, the 18.27 overtime bank may be reduced in 18.28 proportion to reductions made in other 18.29 areas of the budget. 18.30 $40,000 the first year and $40,000 the 18.31 second year are from the natural 18.32 resources fund for enforcement 18.33 activities relating to the Iron Range 18.34 off-highway vehicle recreation area. 18.35 Of the amount appropriated, $40,000 is 18.36 from the all-terrain vehicle account, 18.37 $32,000 is from the off-road vehicle 18.38 account, and $8,000 is from the 18.39 off-highway motorcycle account. 18.40 $130,000 the first year and $130,000 18.41 the second year are to continue the 18.42 enforcement community liaison officers 18.43 program. 18.44 If Minnesota Statutes, section 86B.415, 18.45 subdivision 7a, is repealed, a refund 18.46 of the $50 surcharge shall be issued by 18.47 the commissioner to any person who 18.48 demonstrates having paid the fee. 18.49 Subd. 9. Operations Support 18.50 32,960,000 31,464,000 18.51 Summary by Fund 18.52 General 20,654,000 18,948,000 18.53 Natural Resources 3,624,000 3,704,000 18.54 Game and Fish 8,682,000 8,812,000 18.55 $429,000 the first year and $432,000 19.1 the second year are for the community 19.2 assistance program to provide for 19.3 technical assistance and regional 19.4 resource enhancement grants. 19.5 $344,000 the first year and $348,000 19.6 the second year are for technical 19.7 assistance and grants to assist local 19.8 government units and organizations in 19.9 the metropolitan area to acquire and 19.10 develop natural areas and greenways. 19.11 $50,000 each year is to maintain the 19.12 state parks Southeast Asian 19.13 environmental education program. 19.14 $700,000 the first year and $500,000 19.15 the second year are for information 19.16 technology projects. 19.17 $2,500,000 the first year and $500,000 19.18 the second year are for statewide asset 19.19 preservation and repair. 19.20 Electronic licensing under Minnesota 19.21 Statutes, section 84.027, subdivision 19.22 15, other than by telephone or Internet 19.23 transaction, may not be implemented 19.24 until March 1, 2000. The commissioner 19.25 shall review and analyze other types of 19.26 licensing systems and report to the 19.27 house and senate environmental finance 19.28 committees by January 15, 2000. 19.29 Sec. 6. BOARD OF WATER AND 19.30 SOIL RESOURCES 18,896,000 18,228,000 19.31 $5,480,000 the first year and 19.32 $5,480,000 the second year are for 19.33 natural resources block grants to local 19.34 governments. Of this amount, $50,000 19.35 each year is for a grant to the North 19.36 Shore Management Board, $35,000 each 19.37 year is for a grant to the St. Louis 19.38 River Board, $100,000 each year is for 19.39 a grant to the Minnesota River Basin 19.40 Joint Powers Board, and $27,000 each 19.41 year is for a grant to the Southeast 19.42 Minnesota Resources Board. 19.43 The board shall reduce the amount of 19.44 the natural resource block grant to a 19.45 county by an amount equal to any 19.46 reduction in the county's general 19.47 services allocation to a soil and water 19.48 conservation district from the county's 19.49 1998 allocation. 19.50 Grants must be matched with a 19.51 combination of local cash or in-kind 19.52 contributions. The base grant portion 19.53 related to water planning must be 19.54 matched by an amount that would be 19.55 raised by a levy under Minnesota 19.56 Statutes, section 103B.3369. 19.57 $4,120,000 the first year and 19.58 $4,120,000 the second year are for 19.59 grants to soil and water conservation 19.60 districts for cost-sharing contracts 19.61 for erosion control and water quality 20.1 management. Of this amount, $32,000 20.2 the first year is for a grant to the 20.3 Blue Earth county soil and water 20.4 conservation districts for stream bank 20.5 stabilization on the LeSueur river 20.6 within the city limits of St. Clair; 20.7 and at least $1,500,000 the first year 20.8 and $1,500,000 the second year are for 20.9 grants for cost-sharing contracts for 20.10 water quality management on feedlots. 20.11 Priority must be given to feedlot 20.12 operators who have received notices of 20.13 violation and for feedlots in counties 20.14 that are conducting or have completed a 20.15 level 2 or level 3 feedlot inventory. 20.16 This appropriation is available until 20.17 expended. If the appropriation in 20.18 either year is insufficient, the 20.19 appropriation in the other year is 20.20 available for it. 20.21 $189,000 the first year and $189,000 20.22 the second year are for grants to 20.23 watershed districts and other local 20.24 units of government in the southern 20.25 Minnesota river basin study area 2 for 20.26 floodplain management. If the 20.27 appropriation in either year is 20.28 insufficient, the appropriation in the 20.29 other year is available for it. 20.30 $1,203,000 the first year and $450,000 20.31 the second year are for the 20.32 administrative costs of easement and 20.33 grant programs. 20.34 Any unencumbered balance in the board's 20.35 program of grants does not cancel at 20.36 the end of the first year and is 20.37 available for the second year for the 20.38 same grant program. If the 20.39 appropriation in either year is 20.40 insufficient, the appropriation for the 20.41 other year is available for it. 20.42 Sec. 7. MINNESOTA-WISCONSIN 20.43 BOUNDARY AREA COMMISSION 183,000 188,000 20.44 Summary by Fund 20.45 General 150,000 154,000 20.46 Natural Resources 33,000 34,000 20.47 This appropriation is only available to 20.48 the extent it is matched by an equal 20.49 amount from the state of Wisconsin. 20.50 $33,000 the first year and $34,000 the 20.51 second year are from the water 20.52 recreation account in the natural 20.53 resources fund for the St. Croix 20.54 management and stewardship program. 20.55 Sec. 8. CITIZENS COUNCIL ON 20.56 VOYAGEURS NATIONAL PARK 66,000 68,000 20.57 Sec. 9. SCIENCE MUSEUM 20.58 OF MINNESOTA 1,164,000 1,164,000 20.59 Sec. 10. MINNESOTA ACADEMY 21.1 OF SCIENCE 41,000 41,000 21.2 $5,000 each year is for a program to 21.3 provide hands on science activities for 21.4 elementary school children. 21.5 Sec. 11. AGRICULTURE 21.6 Subdivision 1. Total 21.7 Appropriation 23,908,000 22,261,000 21.8 Summary by Fund 21.9 General 23,572,000 21,919,000 21.10 Environmental 336,000 342,000 21.11 The amounts that may be spent from this 21.12 appropriation for each program are 21.13 specified in the following subdivisions. 21.14 Subd. 2. Protection Service 21.15 11,609,000 11,194,000 21.16 Summary by Fund 21.17 General 11,273,000 10,852,000 21.18 Environmental 336,000 342,000 21.19 $336,000 the first year and $342,000 21.20 the second year are from the 21.21 environmental response, compensation, 21.22 and compliance account in the 21.23 environmental fund. 21.24 $158,000 the first year and $158,000 21.25 the second year are for payment of 21.26 claims relating to livestock damaged by 21.27 threatened or endangered animal species 21.28 and agricultural crops damaged by elk. 21.29 If the appropriation for either year is 21.30 insufficient, the appropriation for the 21.31 other year is available for it. 21.32 $251,000 the first year and $502,000 21.33 the second year are for dairy 21.34 diagnostic teams. 21.35 $25,000 the first year and $25,000 the 21.36 second year are for activities of the 21.37 dairy producers board under Minnesota 21.38 Statutes, section 17.76. 21.39 $100,000 the first year is to conduct a 21.40 feasibility study for a joint agency 21.41 laboratory that will serve the 21.42 environmental laboratory needs of the 21.43 department of agriculture, department 21.44 of natural resources, pollution control 21.45 agency, and the Minnesota department of 21.46 health. 21.47 $900,000 the first year is for a grant 21.48 to the University of Minnesota to 21.49 pursue further research on diseases of 21.50 soybeans including, but not limited to, 21.51 soybean cyst nematode, white mold 21.52 (sclerotinia stem rot), phytophthora 21.53 root rot, and iron deficiency 22.1 chlorosis. A portion of this 22.2 appropriation may be designated for 22.3 research on specialty gene traits of 22.4 soybeans. 22.5 $100,000 is transferred from the 22.6 general fund to the seed potato 22.7 inspection account in the agriculture 22.8 fund for the administration and 22.9 enforcement of Minnesota Statutes, 22.10 sections 21.80 to 21.92. This 22.11 appropriation is to supplement the fees 22.12 paid by seed potato growers. 22.13 Subd. 3. Agricultural Marketing and Development 22.14 6,521,000 5,410,000 22.15 Notwithstanding Minnesota Statutes, 22.16 section 41A.09, subdivision 3a, the 22.17 total payments from the ethanol 22.18 development account to all producers 22.19 may not exceed $68,447,000 for the 22.20 biennium ending June 30, 2001. If the 22.21 total amount for which all producers 22.22 are eligible in a quarter exceeds the 22.23 amount available for payments, the 22.24 commissioner shall make the payments on 22.25 a pro rata basis. In fiscal year 2000, 22.26 the commissioner shall first reimburse 22.27 producers for eligible unpaid claims 22.28 accumulated through June 30, 1999. 22.29 $500,000 the first year is appropriated 22.30 to the rural finance authority for 22.31 making a loan under Minnesota Statutes, 22.32 section 41B.044. Principal and 22.33 interest payments on the loan must be 22.34 deposited in the ethanol development 22.35 account for producer payments under 22.36 Minnesota Statutes, section 41B.09. 22.37 By July 15, 1999, the commissioner 22.38 shall transfer the unencumbered cash 22.39 balance in the ethanol development fund 22.40 established in Minnesota Statutes, 22.41 section 41B.044, to the general fund. 22.42 $200,000 the first year is for a grant 22.43 from the commissioner to the Minnesota 22.44 Turkey Growers Association for 22.45 assistance to an entity that constructs 22.46 a facility that uses poultry litter as 22.47 a fuel for the generation of 22.48 electricity. This amount must be 22.49 matched by $1 of nonstate money for 22.50 each dollar of state money. This is a 22.51 one-time appropriation. 22.52 $50,000 the first year is for the 22.53 commissioner, in consultation with the 22.54 commissioner of economic development, 22.55 to conduct a study of the need for a 22.56 commercial shipping port at which 22.57 agricultural cooperatives or individual 22.58 farmers would have access to port 22.59 facilities. This is a one-time 22.60 appropriation. 22.61 $71,000 the first year and $71,000 the 22.62 second year are for transfer to the 23.1 Minnesota grown matching account and 23.2 may be used as grants for Minnesota 23.3 grown promotion under Minnesota 23.4 Statutes, section 17.109. 23.5 $100,000 the first year is for a grant 23.6 to the University of Minnesota 23.7 extension service for its farm safety 23.8 and health program. This is a one-time 23.9 appropriation. 23.10 $225,000 the first year and $75,000 the 23.11 second year are for grants to the 23.12 Minnesota agricultural education 23.13 leadership council for the planning and 23.14 implementation of initiatives enhancing 23.15 and expanding agricultural education in 23.16 rural and urban areas of the state. 23.17 Funds not used in the first year are 23.18 available for the second year. This is 23.19 a one-time appropriation. 23.20 $480,000 the first year and $420,000 23.21 the second year are to the commissioner 23.22 of agriculture for programs to 23.23 aggressively promote, develop, expand, 23.24 and enhance the marketing of 23.25 agricultural products from Minnesota 23.26 producers and processors. The 23.27 commissioner must enter into 23.28 collaborative efforts with the 23.29 department of trade and economic 23.30 development, the world trade center 23.31 corporation, and other public or 23.32 private entities knowledgeable in 23.33 market identification and development. 23.34 The commissioner may also contract with 23.35 or make grants to public or private 23.36 organizations involved in efforts to 23.37 enhance communication between producers 23.38 and markets and organizations that 23.39 identify, develop, and promote the 23.40 marketing of Minnesota agricultural 23.41 crops, livestock, and produce in local, 23.42 regional, national, and international 23.43 marketplaces. Grants may be provided 23.44 to appropriate organizations including 23.45 those functioning as marketing clubs, 23.46 to a cooperative known as Minnesota 23.47 Marketplace, and to recognized 23.48 associations of producers or processors 23.49 of organic foods or Minnesota grown 23.50 specialty crops. Beginning October 15, 23.51 1999, and 15 days after the close of 23.52 each calendar quarter thereafter, the 23.53 commissioner shall provide to the 23.54 senate and house committees with 23.55 jurisdiction over agriculture policy 23.56 and funding interim reports of the 23.57 progress toward accomplishing the goals 23.58 of this item. The commissioner shall 23.59 deliver a final report on March 1, 23.60 2001. If the appropriation for either 23.61 year is insufficient, the appropriation 23.62 for the other year is available. This 23.63 is a one-time appropriation that 23.64 remains available until expended. 23.65 $60,000 the second year is for grants 23.66 to farmers for demonstration projects 23.67 involving sustainable agriculture. If 24.1 a project cost is more than $25,000, 24.2 the amount above $25,000 must be 24.3 matched at the rate of one state dollar 24.4 for each dollar of nonstate money. 24.5 Priorities must be given for projects 24.6 involving multiple parties. Up to 24.7 $20,000 each year may be used for 24.8 dissemination of information about the 24.9 demonstration grant projects. If the 24.10 appropriation for either year is 24.11 insufficient, the appropriation for the 24.12 other is available. 24.13 $160,000 each year is for value-added 24.14 agricultural product processing and 24.15 marketing grants under Minnesota 24.16 Statutes, section 17.101, subdivision 5. 24.17 $450,000 the first year and $300,000 24.18 the second year are for continued 24.19 research of solutions and alternatives 24.20 for manure management and odor 24.21 control. This is a one-time 24.22 appropriation. 24.23 $50,000 the first year and $50,000 the 24.24 second year are for annual cost-share 24.25 payments to resident farmers for the 24.26 costs of organic certification. The 24.27 annual cost-share payments per farmer 24.28 shall be two-thirds of the cost of the 24.29 certification or $200, whichever is 24.30 less. A certified farmer is eligible 24.31 to receive annual certification 24.32 cost-share payments for up to five 24.33 years. $15,000 each year is for 24.34 organic market and program 24.35 development. This appropriation is 24.36 available until expended. 24.37 $30,000 the first year is to assess 24.38 producer production contracts under 24.39 section 205. This appropriation is 24.40 available until June 30, 2001. 24.41 Subd. 4. Administration and 24.42 Financial Assistance 24.43 5,778,000 5,657,000 24.44 $175,000 the first year and $175,000 24.45 the second year must be spent for the 24.46 WIC coupon program. 24.47 $49,000 the first year and $49,000 the 24.48 second year are for family farm 24.49 security interest payment adjustments. 24.50 If the appropriation for either year is 24.51 insufficient, the appropriation for the 24.52 other year is available for it. No new 24.53 loans may be approved in fiscal year 24.54 2000 or 2001. 24.55 $234,000 the first year and $236,000 24.56 the second year are for the farm 24.57 advocates program. 24.58 $70,000 the first year and $70,000 the 24.59 second year are for the Northern Crops 24.60 Institute. These appropriations may be 24.61 spent to purchase equipment and are 25.1 available until spent. 25.2 $175,000 the first year and $175,000 25.3 the second year are for grants to 25.4 agriculture information centers. The 25.5 grants are only available on a match 25.6 basis. The funds may be released at 25.7 the rate of $4 of state money for each 25.8 $1 of matching nonstate money that is 25.9 raised. 25.10 $115,000 the first year and $115,000 25.11 the second year are for the Seaway Port 25.12 Authority of Duluth. 25.13 $19,000 the first year and $19,000 the 25.14 second year are for a grant to the 25.15 Minnesota Livestock Breeders' 25.16 Association. 25.17 $50,000 the first year and $50,000 the 25.18 second year are for the Passing on the 25.19 Farm Center under Minnesota Statutes, 25.20 section 17.985. This appropriation is 25.21 available only to the extent matched 25.22 with nonstate money, including in-kind 25.23 contributions at the rate of one 25.24 nonstate dollar for every four state 25.25 dollars. 25.26 $65,000 each year is for beaver damage 25.27 control grants for the purposes of 25.28 Minnesota Statutes, section 17.110. 25.29 $267,000 the first year is for a pilot 25.30 program to expand the concept of the 25.31 Minnesota grown program pursuant to 25.32 Laws 1998, chapter 401, section 6. 25.33 $1,275,000 the first year and 25.34 $1,275,000 the second year are for an 25.35 electronic information management 25.36 system. 25.37 $50,000 the first year and $50,000 the 25.38 second year are for activities related 25.39 to reform of the federal milk marketing 25.40 orders system and for activities 25.41 opposing interstate dairy compacts. If 25.42 the appropriation for either year is 25.43 insufficient, the appropriation for the 25.44 other year is available. 25.45 $15,000 the first year is for a study 25.46 of the business climate for dairy 25.47 farmers. The study must determine the 25.48 impact of current trends in the dairy 25.49 industry on the economic, social, and 25.50 environmental conditions in rural 25.51 Minnesota and the long-term viability 25.52 of the dairy processing industry in 25.53 Minnesota. Not later than February 15, 25.54 2000, the commissioner must report to 25.55 the legislature on a proposed strategic 25.56 plan to ensure the sustained viability 25.57 of the dairy industry in the state. 25.58 $125,000 the first year and $125,000 25.59 the second year are for the dairy 25.60 inspection account. This is a one-time 25.61 appropriation. By February 15, 2000, 26.1 the commissioner shall review the 26.2 fairness and equity of the fee 26.3 structure for dairy inspections and 26.4 report the findings to the legislature. 26.5 Sec. 12. BOARD OF ANIMAL HEALTH 2,810,000 2,764,000 26.6 $300,000 the first year and $200,000 26.7 the second year are for a program to 26.8 control para-tuberculosis ("Johne's 26.9 disease") in domestic bovine herds. 26.10 $40,000 the first year and $40,000 the 26.11 second year are for a grant to the 26.12 University of Minnesota college of 26.13 veterinary medicine to be used for 26.14 development and implementation of the 26.15 companion animal resource education 26.16 program, in collaboration with the 26.17 Minnesota extension service. 26.18 $118,000 each year is for a program to 26.19 investigate the avian pneumovirus 26.20 disease and to identify the infected 26.21 flocks. 26.22 Sec. 13. MINNESOTA HORTICULTURAL 26.23 SOCIETY 82,000 82,000 26.24 Sec. 14. AGRICULTURAL UTILIZATION 26.25 RESEARCH INSTITUTE 3,830,000 4,330,000 26.26 Summary by Fund 26.27 General 3,630,000 4,130,000 26.28 Special Revenue 200,000 200,000 26.29 The agricultural utilization research 26.30 institute must collaborate with the 26.31 commissioner of agriculture on issues 26.32 of market development and technology 26.33 transfer. 26.34 $200,000 the first year and $200,000 26.35 the second year are for hybrid tree 26.36 management research and development of 26.37 an implementation plan for establishing 26.38 hybrid tree plantations in the state. 26.39 This appropriation is available to the 26.40 extent matched by $2 of nonstate 26.41 contributions, either cash or in kind, 26.42 for each $1 of state money. 26.43 Sec. 15. TRANSPORTATION 200,000 -0- 26.44 $200,000 is for a grant to the city of 26.45 Savage or Scott county, or both, for 26.46 engineering and environmental studies 26.47 relating to the extension of Scott 26.48 county state-aid highway No. 27 in the 26.49 vicinity of the Savage fen wetlands 26.50 complex. As a condition of this grant, 26.51 the recipient must submit a work 26.52 program and submit semiannual progress 26.53 reports as provided in Minnesota 26.54 Statutes, section 116P.05, subdivision 26.55 2, paragraph (c). This is a one-time 26.56 appropriation. 26.57 Sec. 16. MINNESOTA RESOURCES 27.1 Subdivision 1. Total 27.2 Appropriation 29,245,000 13,005,000 27.3 All of the appropriations in this 27.4 section are one-time appropriations 27.5 unless otherwise specified. 27.6 Summary by Fund 27.7 Minnesota Future 27.8 Resources Fund 16,040,000 -0- 27.9 Environment and 27.10 Natural Resources 27.11 Trust Fund 991,000 13,005,000 13,005,000 27.12 Great Lakes 27.13 Protection Account 200,000 -0- 27.14 Appropriations from the Minnesota 27.15 future resources fund and the Great 27.16 Lakes protection account are available 27.17 for either year of the biennium. 27.18 For appropriations from the environment 27.19 and natural resources trust fund, any 27.20 unencumbered balance remaining in the 27.21 first year does not cancel and is 27.22 available for the second year of the 27.23 biennium. 27.24 Unless otherwise provided, the amounts 27.25 in this section are available until 27.26 June 30, 2001, when projects must be 27.27 completed and final products delivered. 27.28 Subd. 2. Definitions 27.29 (a) "Future resources fund" means the 27.30 Minnesota future resources fund 27.31 referred to in Minnesota Statutes, 27.32 section 116P.13. 27.33 (b) "Trust fund" means the Minnesota 27.34 environment and natural resources trust 27.35 fund referred to in Minnesota Statutes, 27.36 section 116P.02, subdivision 6. 27.37 (c) "Great Lakes protection account" 27.38 means the account referred to in 27.39 Minnesota Statutes, section 116Q.02. 27.40 Subd. 3. Legislative Commission 27.41 on Minnesota Resources 27.42 583,000 284,000 27.43 Summary by Fund 27.44 Future Resources 27.45 Fund 300,000 -0- 27.46 Trust Fund 283,000 284,000 27.47 $300,000 is from the future resources 27.48 fund and $283,000 the first year and 27.49 $284,000 the second year are from the 27.50 trust fund, pursuant to Minnesota 27.51 Statutes, section 116P.09, subdivision 27.52 5. 28.1 Subd. 4. Recreation 28.2 8,357,000 2,770,000 28.3 Summary by Fund 28.4 Future Resources 28.5 Fund 5,587,000 -0- 28.6 Trust Fund 2,770,000 2,770,000 28.7 (a) Local Initiatives Grants 28.8 Program. 28.9 This appropriation is to the 28.10 commissioner of natural resources to 28.11 provide matching grants, as follows: 28.12 (1) $1,953,000 is from the future 28.13 resources fund to local units of 28.14 government for local park and 28.15 recreation areas of up to $250,000 28.16 notwithstanding Minnesota Statutes, 28.17 section 85.019. $50,000 is to complete 28.18 the Larue Pit Recreation Development. 28.19 $28,000 is to the city of Hitterdal for 28.20 park construction at Lake Flora. 28.21 $460,000 is available on the day 28.22 following final enactment. 28.23 (2) $435,000 the first year and 28.24 $435,000 the second year are from the 28.25 trust fund to local units of government 28.26 for natural and scenic areas pursuant 28.27 to Minnesota Statutes, section 85.019. 28.28 (3) $1,484,000 is from the future 28.29 resources fund for trail grants to 28.30 local units of government on land to be 28.31 maintained for at least 20 years for 28.32 the purposes of the grant. $500,000 is 28.33 for grants of up to $50,000 per project 28.34 for trail linkages between communities, 28.35 trails, and parks, and $720,000 is for 28.36 grants of up to $250,000 for locally 28.37 funded trails of regional significance 28.38 outside the metropolitan area. $50,000 28.39 is to the upper Minnesota River valley 28.40 regional development commission for the 28.41 preliminary design and engineering of a 28.42 single segment of the Minnesota River 28.43 trail from Appleton to the Milan Beach 28.44 on Lake Lac Qui Parle. $160,000 is to 28.45 the Department of Natural Resources to 28.46 resurface four miles of recreational 28.47 trail from the town of Milan to Lake 28.48 Lac Qui Parle in Chippewa county. 28.49 (4) $305,000 the first year and 28.50 $305,000 the second year are from the 28.51 trust fund for a statewide conservation 28.52 partners program, to encourage private 28.53 organizations and local governments to 28.54 cost share improvement of fish, 28.55 wildlife, and native plant habitats and 28.56 research and surveys of fish and 28.57 wildlife. Conservation partners grants 28.58 may be up to $20,000 each. $10,000 is 28.59 for an agreement with the Canby 28.60 Sportsman's Club for shelterbelts for 28.61 habitat and erosion control. 29.1 (5) $100,000 the first year and 29.2 $100,000 the second year are from the 29.3 trust fund for environmental 29.4 partnerships program grants of up to 29.5 $20,000 each for environmental service 29.6 projects and related education 29.7 activities through public and private 29.8 partnerships. 29.9 In addition to the required work 29.10 program, grants may not be approved 29.11 until grant proposals to be funded have 29.12 been submitted to the legislative 29.13 commission on Minnesota resources and 29.14 the commission has approved the grants 29.15 or allowed 60 days to pass. The 29.16 commission shall monitor the grants for 29.17 approximate balance over extended 29.18 periods of time between the 29.19 metropolitan area as defined in 29.20 Minnesota Statutes, section 473.121, 29.21 subdivision 2, and the nonmetropolitan 29.22 area through work program oversight and 29.23 periodic allocation decisions. For the 29.24 purpose of this paragraph, the match 29.25 must be nonstate contributions, but may 29.26 be either cash or in-kind. Recipients 29.27 may receive funding for more than one 29.28 project in any given grant period. 29.29 This appropriation is available until 29.30 June 30, 2002, at which time the 29.31 project must be completed and final 29.32 products delivered, unless an earlier 29.33 date is specified in the work program. 29.34 If a project financed under this 29.35 program receives a federal grant, the 29.36 availability of the financing from this 29.37 subdivision for that project is 29.38 extended to equal the period of the 29.39 federal grant. 29.40 (b) Mesabi Trail Land 29.41 Acquisition and 29.42 Development - Continuation 29.43 $1,000,000 is from the future resources 29.44 fund to the commissioner of natural 29.45 resources for an agreement with St. 29.46 Louis and Lake Counties Regional Rail 29.47 Authority for the fourth biennium to 29.48 develop and acquire segments of the 29.49 Mesabi trail and procure design and 29.50 engineering for trail heads and 29.51 enhancements. This appropriation must 29.52 be matched by at least $1,000,000 of 29.53 nonstate money. This appropriation is 29.54 available until June 30, 2002, at which 29.55 time the project must be completed and 29.56 final products delivered, unless an 29.57 earlier date is specified in the work 29.58 program. 29.59 (c) Kabetogama to Ash River 29.60 Community Trail System 29.61 $100,000 is from the future resources 29.62 fund to the commissioner of natural 29.63 resources for an agreement with 29.64 Kabetogama Lake Association in 29.65 cooperation with the National Park 29.66 Service for trail construction linking 30.1 Lake Kabetogama, Ash River, and 30.2 Voyageurs National Park. This 30.3 appropriation must be matched by at 30.4 least $100,000 of nonstate money. 30.5 This appropriation is available until 30.6 June 30, 2002, at which time the 30.7 project must be completed and final 30.8 products delivered, unless an earlier 30.9 date is specified in the work program. 30.10 (d) Mesabi Trail 30.11 Connection 30.12 $80,000 is from the future resources 30.13 fund to the commissioner of natural 30.14 resources for an agreement with the 30.15 East Range Joint Powers Board to 30.16 develop trail connections to the Mesabi 30.17 Trail with the communities of Aurora, 30.18 Hoyt Lakes, and White. This 30.19 appropriation must be matched by at 30.20 least $80,000 of nonstate money. This 30.21 appropriation is available until June 30.22 30, 2002, at which time the project 30.23 must be completed and final products 30.24 delivered, unless an earlier date is 30.25 specified in the work program. 30.26 (e) Dakota County 30.27 Bikeway Mapping 30.28 $15,000 is from the future resources 30.29 fund to the metropolitan council for an 30.30 agreement with Dakota county to cost 30.31 share the integration of digital 30.32 elevation information in the Dakota 30.33 county geographic information system 30.34 database with trail and bikeway routes 30.35 and develop maps for trail and bikeway 30.36 users. 30.37 (f) Mississippi Riverfront 30.38 Trail and Access 30.39 $155,000 is from the future resources 30.40 fund to the commissioner of natural 30.41 resources for an agreement with the 30.42 city of Hastings to acquire and restore 30.43 the public access area and to complete 30.44 the connecting riverfront trail from 30.45 the public access to lock and dam 30.46 number two adjacent to Lake Rebecca. 30.47 This appropriation must be matched by 30.48 at least $155,000 of nonstate money. 30.49 (g) Management and Restoration 30.50 of Natural Plant Communities 30.51 on State Trails 30.52 $75,000 the first year and $75,000 the 30.53 second year are from the trust fund to 30.54 the commissioner of natural resources 30.55 to manage and restore natural plant 30.56 communities along state trails under 30.57 Minnesota Statutes, section 85.015 30.58 (h) Gitchi-Gami State Trail 30.59 $275,000 the first year and $275,000 30.60 the second year are from the trust fund 31.1 to the commissioner of natural 31.2 resources for construction of the 31.3 Gitchi-Gami state trail through Split 31.4 Rock State Park. The commissioner must 31.5 submit grant requests for supplemental 31.6 funding for federal TEA-21 money in 31.7 eligible categories and report the 31.8 results to the legislative commission 31.9 on Minnesota resources. All segments 31.10 of the trail must become part of the 31.11 state trail system. This appropriation 31.12 is available until June 30, 2002, at 31.13 which time the project must be 31.14 completed and final products delivered, 31.15 unless an earlier date is specified in 31.16 the work program. 31.17 (i) State Park and Recreation 31.18 Area Acquisition, Development, 31.19 Betterment, and Rehabilitation 31.20 $500,000 the first year and $500,000 31.21 the second year are from the trust fund 31.22 to the commissioner of natural 31.23 resources as follows: (1) for state 31.24 park and recreation area acquisition, 31.25 $500,000; and (2) for state park and 31.26 recreation area development, 31.27 rehabilitation, and resource 31.28 management, $500,000, unless otherwise 31.29 specified in the approved work 31.30 program. The use of the Minnesota 31.31 conservation corps is encouraged. The 31.32 commissioner must submit grant requests 31.33 for supplemental funding for federal 31.34 TEA-21 money in eligible categories and 31.35 report the results to the legislative 31.36 commission on Minnesota resources. 31.37 This appropriation is available until 31.38 June 30, 2002, at which time the 31.39 project must be completed and final 31.40 products delivered, unless an earlier 31.41 date is specified in the work program. 31.42 (j) Fort Snelling State Park; 31.43 Upper Bluff Implementation - 31.44 Continuation 31.45 $50,000 the first year and $50,000 the 31.46 second year are from the trust fund to 31.47 the commissioner of natural resources 31.48 to implement the utilization plan for 31.49 the Upper Bluff area of Fort Snelling 31.50 Park. 31.51 (k) Interpretive Boat 31.52 Tours of Hill Annex 31.53 Mine State Park 31.54 $30,000 the first year and $30,000 the 31.55 second year are from the trust fund to 31.56 the commissioner of natural resources 31.57 to add interpretive boat excursion 31.58 tours of the mine. The project will 31.59 include purchase and equipping of a 31.60 craft and development of a landing area. 31.61 (l) Metropolitan Regional Parks 31.62 Acquisition, Rehabilitation, 31.63 and Development 32.1 $1,000,000 the first year and 32.2 $1,000,000 the second year are from the 32.3 trust fund to the metropolitan council 32.4 for subgrants for acquisition, 32.5 development, and rehabilitation in the 32.6 metropolitan regional park system, 32.7 consistent with the metropolitan 32.8 council regional recreation open space 32.9 capital improvement plan. This 32.10 appropriation may be used for the 32.11 purchase of homes only if the purchases 32.12 are expressly included in the work 32.13 program approved by the legislative 32.14 commission on Minnesota resources. The 32.15 metropolitan council shall collect and 32.16 digitize all local, regional, state, 32.17 and federal parks and all off-road 32.18 trails with connecting on-road routes 32.19 for the metropolitan area and produce a 32.20 printed map that is available to the 32.21 public. This appropriation is 32.22 available until June 30, 2002, at which 32.23 time the project must be completed and 32.24 final products delivered, unless an 32.25 earlier date is specified in the work 32.26 program. 32.27 (m) Como Park Campus Maintenance 32.28 $500,000 is from the future resources 32.29 fund to the department of finance for a 32.30 grant to the city of St. Paul for a 32.31 subsidy for the maintenance and repair 32.32 of live plant and animal exhibits for 32.33 the zoo and the conservatory at the 32.34 Como Park campus. 32.35 (n) Luce Line Trail 32.36 Connection Through 32.37 Wirth Park 32.38 $300,000 the first year is from the 32.39 future resources fund to the 32.40 metropolitan council for an agreement 32.41 with the Minneapolis Park and 32.42 Recreation Board to complete the 32.43 construction of a bicycle and 32.44 pedestrian trail link through Wirth 32.45 Park to connect the Minneapolis 32.46 Regional Trail System with the Luce 32.47 Line State Trail. This appropriation 32.48 must be matched by at least $300,000 of 32.49 nonstate money. This appropriation is 32.50 available until June 30, 2002, at which 32.51 time the project must be completed and 32.52 final products delivered, unless an 32.53 earlier date is specified in the work 32.54 program. 32.55 Subd. 5. Historic 32.56 477,000 213,000 32.57 Summary by Fund 32.58 Future Resources 32.59 Fund 265,000 -0- 32.60 Trust Fund 212,000 213,000 32.61 (a) Using National Register 33.1 Properties to Interpret 33.2 Minnesota History 33.3 $90,000 is from the future resources 33.4 fund to the Minnesota Historical 33.5 Society to create interactive, 33.6 mini-documentaries in Internet format 33.7 using the National Register properties 33.8 to interpret selected themes in 33.9 Minnesota history. 33.10 (b) Historic Site Land 33.11 Acquisition 33.12 $87,000 the first year and $88,000 the 33.13 second year are from the trust fund to 33.14 the Minnesota Historical Society to 33.15 purchase land adjacent to the Lower 33.16 Sioux Agency, Jeffers Petroglyphs, and 33.17 Oliver Kelley Farm sites to protect the 33.18 historic resources. Allocation of 33.19 dollars between the three sites shall 33.20 be determined based on the willingness 33.21 of sellers and reasonable purchase 33.22 prices at the respective sites. This 33.23 appropriation is available until June 33.24 30, 2002, at which time the project 33.25 must be completed and final products 33.26 delivered, unless an earlier date is 33.27 specified in the work program. 33.28 (c) Gibbs Farm Museum 33.29 Interpretation 33.30 $150,000 is from the future resources 33.31 fund to the Minnesota Historical 33.32 Society for an agreement with Ramsey 33.33 County Historical Society to build and 33.34 furnish replica structures of historic 33.35 lifestyles and land use of the Dakota 33.36 and pioneers. 33.37 (d) Traverse des Sioux 33.38 Site Development 33.39 $125,000 the first year and 125,000 the 33.40 second year are from the trust fund to 33.41 the Minnesota Historical Society to 33.42 improve public access to state historic 33.43 site Traverse des Sioux including 33.44 trails, interpretive markers, and basic 33.45 visitor amenities. 33.46 (e) Old Wadena Historic 33.47 Site Development 33.48 $25,000 is from the future resources 33.49 fund to the Minnesota Historical 33.50 Society for an agreement with Wah De 33.51 Nah Historic and Environmental Learning 33.52 Project to develop a footbridge, 33.53 archaeological survey, and educational 33.54 programs. This appropriation must be 33.55 matched by at least $6,000 of nonstate 33.56 money. 33.57 Subd. 6. Water Quality 33.58 2,270,000 730,000 33.59 Summary by Fund 34.1 Future Resources 34.2 Fund 1,540,000 -0- 34.3 Trust Fund 730,000 730,000 34.4 (a) On-Site Sewage Treatment 34.5 Alternatives; Performance, 34.6 Outreach and 34.7 Demonstration - Continuation 34.8 $275,000 the first year and $275,000 34.9 the second year are from the trust fund 34.10 to the commissioner of the pollution 34.11 control agency for the third biennium 34.12 to monitor previously built test sites 34.13 for pathogen removal and other 34.14 parameters for indicators of treatment 34.15 efficiency, to determine maintenance 34.16 needs and system longevity, and to 34.17 pursue the establishment of cooperative 34.18 demonstration projects. 34.19 (b) Identification of Sediment 34.20 Sources in Agricultural 34.21 Watersheds 34.22 $175,000 the first year and $175,000 34.23 the second year are from the trust fund 34.24 to the Science Museum of Minnesota to 34.25 quantify the contribution of streambank 34.26 erosion versus overland erosion sources 34.27 to riverine suspended sediment 34.28 concentrations. This appropriation 34.29 must be matched by at least $90,000 of 34.30 nonstate money. 34.31 (c) Accelerated Statewide 34.32 Local Water Plan 34.33 Implementation 34.34 $1,000,000 is from the future resources 34.35 fund to the board of water and soil 34.36 resources to accelerate the local water 34.37 planning challenge grant program under 34.38 Minnesota Statutes, section 103B.3361, 34.39 to assist in the implementation of high 34.40 priority activities in comprehensive 34.41 water management plans on a cost-share 34.42 basis. $140,000 is to St. Louis county 34.43 to inventory and evaluate existing 34.44 sewage treatment systems. $75,000 is 34.45 to the Whitefish Area Property Owners 34.46 Association in cooperation with Crow 34.47 Wing county to inspect all lakeshore 34.48 properties on the Whitefish chain of 34.49 lakes for conformance with septic 34.50 system requirements. $50,000 is to 34.51 Chisago county to develop sustainable 34.52 wastewater treatment alternatives which 34.53 must be matched by at least $30,000 of 34.54 nonstate money. 34.55 (d) Tracking Sources of Fecal 34.56 Pollution Using DNA Techniques 34.57 $150,000 the first year and $150,000 34.58 the second year are from the trust fund 34.59 to the University of Minnesota to 34.60 define sources of fecal pollution in 34.61 waters. 35.1 (e) Groundwater Flow in the 35.2 Prairie du Chien Aquifer 35.3 $55,000 the first year and $55,000 the 35.4 second year are from the trust fund to 35.5 the University of Minnesota to 35.6 characterize groundwater flow within 35.7 the Prairie du Chien Formation. 35.8 (f) Lake Minnetonka Citizens' 35.9 Monitoring and Education 35.10 Network 35.11 $40,000 is from the future resources 35.12 fund to the commissioner of natural 35.13 resources for an agreement with the 35.14 Lake Minnetonka Association to begin 35.15 volunteer network training and 35.16 education for a comprehensive 35.17 monitoring program. This appropriation 35.18 must be matched by at least $20,000 of 35.19 nonstate money. 35.20 (g) Erosion Impacts on the 35.21 Cannon Valley Big Woods 35.22 $75,000 the first year and $75,000 the 35.23 second year are from the trust fund to 35.24 the University of Minnesota in 35.25 cooperation with the Big Woods Project 35.26 to determine historical and future 35.27 effects of land practices on soil 35.28 erosion levels and develop land 35.29 management tools in the big woods 35.30 ecosystem in Rice county. 35.31 (h) City of the Lakes Flood 35.32 Mitigation and Gravity Flow Stream System 35.33 $500,000 the first year is from the 35.34 future resources fund to the 35.35 metropolitan council for an agreement 35.36 with the Minneapolis Park and 35.37 Recreation Board. Up to $250,000 is to 35.38 complete construction of the gravity 35.39 flow stream connection between Lake 35.40 Calhoun and Lake Harriet to improve 35.41 lakewater quality and equalize water 35.42 levels in the chain of lakes. At least 35.43 $250,000 the first year is for flood 35.44 mitigation, shoreland stabilization, 35.45 design and engineering, and wetland 35.46 replacement at Lake of the Isles. The 35.47 appropriation for the gravity flow 35.48 stream connection project must be 35.49 matched by sufficient nonstate money to 35.50 complete the project. 35.51 Subd. 7. Agriculture and Natural 35.52 Resource Based Industries 35.53 4,818,000 1,282,000 35.54 Summary by Fund 35.55 Future Resources 35.56 Fund 3,535,000 -0- 35.57 Trust Fund 1,283,000 1,282,000 35.58 (a) Green Forest 36.1 Certification Project 36.2 $75,000 the first year and $75,000 the 36.3 second year are from the trust fund to 36.4 the commissioner of natural resources 36.5 for an agreement with the Institute for 36.6 Agriculture and Trade Policy to certify 36.7 foresters and to evaluate private 36.8 forest lands for green certification. 36.9 (b) Accelerated Transfer of New 36.10 Forest - Research Findings 36.11 $58,000 the first year and $57,000 the 36.12 second year are from the trust fund to 36.13 the University of Minnesota to 36.14 accelerate educational programming by 36.15 the sustainable forest education 36.16 cooperative on the practical 36.17 application of landscape-level analysis 36.18 in site-level forest management. 36.19 (c) Minnesota Wildlife 36.20 Tourism Initiative 36.21 $125,000 the first year and $125,000 36.22 the second year are from the trust fund 36.23 to the commissioner of natural 36.24 resources to develop, implement, and 36.25 evaluate a project focusing on wildlife 36.26 tourism as a sustainable industry in 36.27 Minnesota in cooperation with the 36.28 office of tourism. 36.29 (d) Integrated Prairie 36.30 Management 36.31 $175,000 the first year and $175,000 36.32 the second year are from the trust fund 36.33 to the commissioner of natural 36.34 resources for an agreement with the 36.35 University of Minnesota and Clay county 36.36 in a cooperative project for an 36.37 aggregate resource inventory on public 36.38 lands, prairie restoration and 36.39 research, and stewardship plans for 36.40 management options. This appropriation 36.41 is available until June 30, 2002, at 36.42 which time the project must be 36.43 completed and final products delivered, 36.44 unless an earlier date is specified in 36.45 the work program. 36.46 (e) Improved Agricultural Systems 36.47 Overlying Sensitive Aquifers 36.48 in Southwestern Minnesota 36.49 $200,000 is from the future resources 36.50 fund to the commissioner of agriculture 36.51 for an agreement with the University of 36.52 Minnesota, Southwest Experiment 36.53 Station, to provide technical support, 36.54 research, systems evaluation, and 36.55 advisory teams to protect sensitive 36.56 alluvial aquifers threatened by nitrate 36.57 contamination in southwest Minnesota. 36.58 (f) Diversifying Agriculture for 36.59 Environmental, Economic, and Social Benefits 36.60 $200,000 the first year and $200,000 37.1 the second year are from the trust fund 37.2 to the University of Minnesota to 37.3 research new plant materials and crop 37.4 management systems for diversification. 37.5 (g) Minnesota River Basin 37.6 Initiative; Local Leadership 37.7 $150,000 the first year and $150,000 37.8 the second year are from the trust fund 37.9 to the board of water and soil 37.10 resources for a cost share agreement 37.11 with the Minnesota River Basin Joint 37.12 Powers Board for landscape planning and 37.13 demonstration, and restoration and 37.14 management projects for the Minnesota 37.15 River on a cost-share basis. 37.16 (h) Commercial Fertilizer Plant 37.17 for Livestock Solid Waste 37.18 Processing 37.19 $400,000 is from the future resources 37.20 fund to the agricultural utilization 37.21 research institute for an agreement 37.22 with AquaCare International, Inc. to 37.23 establish a commercial grade fertilizer 37.24 plant that will enhance and process 37.25 animal wastewater solids through 37.26 micronization technology. This 37.27 appropriation must be matched by at 37.28 least $425,000 of nonstate money. As a 37.29 condition of receiving this 37.30 appropriation, AquaCare International, 37.31 Inc. must agree to pay to the state a 37.32 royalty. Notwithstanding Minnesota 37.33 Statutes, section 116P.10, the royalty 37.34 must be two percent of gross revenues 37.35 accruing to AquaCare International, 37.36 Inc. from this application of 37.37 micronization technology. Receipts 37.38 from the royalty must be credited to 37.39 the fund. 37.40 (i) Preservation of Native 37.41 Wild Rice Resource 37.42 $200,000 is from the future resources 37.43 fund to the commissioner of natural 37.44 resources for an agreement with Leech 37.45 Lake Reservation to analyze critical 37.46 factors in different northern rice 37.47 habitats and determine methods to 37.48 preserve the natural diversity of wild 37.49 rice. This appropriation must be 37.50 matched by at least $45,000 of nonstate 37.51 money. 37.52 (j) Wild Rice Management 37.53 Planning 37.54 $200,000 is from the future resources 37.55 fund to the commissioner of natural 37.56 resources for an agreement with the 37.57 Boise Forte Band of Chippewa to develop 37.58 databases and management plans for 37.59 northern wild rice lakes. This 37.60 appropriation must be matched by at 37.61 least $20,000 of nonstate money. 37.62 (k) Mesabi Iron Range, 38.1 Water and Mineral Resource 38.2 Planning 38.3 $200,000 the first year and $200,000 38.4 the second year are from the trust fund 38.5 to the commissioner of natural 38.6 resources. $125,000 the first year and 38.7 $125,000 the second year are from the 38.8 trust fund to the University of 38.9 Minnesota to develop and assemble 38.10 essential data on stockpile composition 38.11 and ownership, complete hydrogeologic 38.12 base maps, site and design an overflow 38.13 outlet, and distribute results to local 38.14 government and industry. This project 38.15 is to be coordinated by the Range 38.16 Association of Municipalities and 38.17 Schools. This appropriation is 38.18 available until June 30, 2002, at which 38.19 time the project must be completed and 38.20 final products delivered, unless an 38.21 earlier date is specified in the work 38.22 program. 38.23 (l) Sustainable Aquaculture 38.24 Development in Minnesota 38.25 $130,000 is from the future resources 38.26 fund to the commissioner of agriculture 38.27 in cooperation with the University of 38.28 Minnesota to develop, demonstrate, and 38.29 evaluate prototypes of aquaponic 38.30 systems that operate in an urban 38.31 environment and use a combination of 38.32 aquacultural and hydroponic techniques 38.33 to produce fish and plants for human 38.34 consumption. $55,000 is from the 38.35 future resources fund to the 38.36 commissioner of agriculture in 38.37 cooperation with the MinAqua Fisheries 38.38 Cooperative, with assistance from the 38.39 University of Minnesota, for the 38.40 purchase, operation, and demonstration 38.41 of ozonation equipment for water 38.42 treatment and conditioning in large 38.43 recirculating aquaculture systems. 38.44 These appropriations are available 38.45 until June 30, 2002, at which time the 38.46 project must be completed and final 38.47 products delivered, unless an earlier 38.48 date is specified in the work program. 38.49 As a condition of receiving this 38.50 appropriation, MinAqua Fisheries 38.51 Cooperative must agree to pay to the 38.52 state a royalty. Notwithstanding 38.53 Minnesota Statutes, section 116P.10, 38.54 the royalty must be two percent of the 38.55 gross revenues accruing to MinAqua 38.56 Fisheries Cooperative from this 38.57 application of ozonation technology. 38.58 Receipts from the royalty must be 38.59 credited to the fund. 38.60 (m) Sustainable Farming 38.61 Systems - Continuation 38.62 $350,000 is from the future resources 38.63 fund to the University of Minnesota, 38.64 Minnesota Institute for Sustainable 38.65 Agriculture, for on-farm and experiment 38.66 station research, documentation and 39.1 dissemination of information on 39.2 alternative farm practices in order to 39.3 integrate recent scientific advances, 39.4 improve farm efficiencies, promote 39.5 profitability, and to enhance 39.6 environmental quality. 39.7 (n) Economic Analysis of 39.8 Agriculture for Multiple 39.9 Benefits 39.10 $200,000 is from the future resources 39.11 fund to the commissioner of agriculture 39.12 for an agreement with the Land 39.13 Stewardship Project to evaluate 39.14 economic and environmental benefits 39.15 from current and future agricultural 39.16 production. 39.17 (o) Nonwood Agricultural Fibers 39.18 and Industrial Hemp for Pulp 39.19 and Paper Manufacture 39.20 $200,000 is from the future resources 39.21 fund to the University of Minnesota to 39.22 investigate the feasibility of various 39.23 agricultural pulp markets in the 39.24 development of small scale pulp mills 39.25 in the agricultural regions of the 39.26 state. 39.27 (p) Sustainable Livestock 39.28 Systems 39.29 $350,000 is from the future resources 39.30 fund to the commissioner of agriculture 39.31 for an agreement with the University of 39.32 Minnesota, West Central Experiment 39.33 Station, for on-farm research and 39.34 education programs to support small- to 39.35 moderate-scale farms through whole farm 39.36 planning and monitoring of forage-based 39.37 livestock systems. 39.38 (q) Forest Wildlife Biologist 39.39 for Ruffed Grouse 39.40 $1,000,000 is from the future resources 39.41 fund to the commissioner of natural 39.42 resources for an agreement with the 39.43 Ruffed Grouse Society, Inc. to fund a 39.44 position and related costs for a forest 39.45 wildlife biologist employed by the 39.46 society that will provide technical 39.47 assistance to public and private 39.48 landowners for improved ruffed grouse 39.49 habitat and related forest wildlife 39.50 conservation. The activity funded by 39.51 this appropriation must be done in 39.52 collaboration with institutes of higher 39.53 learning and state agencies. The 39.54 amounts of this appropriation made 39.55 available in each fiscal year must not 39.56 exceed those stated in the work 39.57 program. As a condition of receiving 39.58 this appropriation, the society must 39.59 demonstrate that it has created a 39.60 private endowment to fund this position 39.61 and related costs with nonstate money 39.62 after this appropriation has been 39.63 spent. The society must demonstrate 40.1 that it has a sound financial plan to 40.2 increase the principal of the endowment 40.3 to at least $1,000,000 of nonstate 40.4 money by January 1, 2000, and to 40.5 $2,000,000 of nonstate money by June 40.6 30, 2007. The work program must 40.7 provide that failure of the society to 40.8 meet the goals of the financial plan on 40.9 time will cause further payments from 40.10 this appropriation to be withheld until 40.11 the goals are met. This appropriation 40.12 is available until June 30, 2007, at 40.13 which time the project must be 40.14 completed and final products delivered, 40.15 unless an earlier date is specified in 40.16 the work program. 40.17 (r) Organic Farming 40.18 Training Project 40.19 $175,000 the first year and $175,000 40.20 the second year are from the trust fund 40.21 to the commissioner of agriculture for 40.22 an agreement with the Minnesota Food 40.23 Association in cooperation with the 40.24 Midwest Organic Alliance to recruit and 40.25 train new immigrant and conventional 40.26 farmers in sustainable and organic 40.27 methods utilizing a mentoring approach. 40.28 (s) Construction and Demolition 40.29 Waste Abatement 40.30 Demonstration Project 40.31 $250,000 is from the future resources 40.32 fund to the director of the office of 40.33 environmental assistance for an 40.34 agreement with the Green Institute to 40.35 field test building salvage strategies, 40.36 expanding markets for salvaged 40.37 materials, and creating a 40.38 community-based enterprise model. 40.39 Subd. 8. Urbanization Impacts 40.40 973,000 400,000 40.41 Summary by Fund 40.42 Future Resources 40.43 Fund 573,000 -0- 40.44 Trust Fund 400,000 400,000 40.45 (a) Resources for Redevelopment: 40.46 A Community Property 40.47 Investigation Program 40.48 $100,000 is from the future resources 40.49 fund to the pollution control agency 40.50 for an agreement with the Minnesota 40.51 Environmental Initiative to assess 40.52 environmental contamination in up to 40.53 sixteen brownfield sites statewide on a 40.54 cost-share basis for each site in order 40.55 to promote property redevelopment by 40.56 community nonprofit organizations. 40.57 (b) Tools and Training for 40.58 Community-Based Planning 41.1 $225,000 the first year and $225,000 41.2 the second year are from the trust fund 41.3 to the office of strategic and 41.4 long-range planning to develop 41.5 software, data, and training for local 41.6 government planning for delivery of 41.7 state geographic information systems 41.8 data and models for social and 41.9 environmental decision making. 41.10 (c) Protecting Dakota County 41.11 Farmland and Natural Areas 41.12 $100,000 the first year and $100,000 41.13 the second year are from the trust fund 41.14 to the commissioner of natural 41.15 resources for an agreement with Dakota 41.16 county to inventory and identify unique 41.17 farmland and natural areas and to 41.18 protect land through conservation 41.19 easements. 41.20 (d) Urban Corridor Design 41.21 $400,000 is from the future resources 41.22 fund to the University of Minnesota to 41.23 develop sustainability designs for 41.24 selected urban corridors. One project 41.25 must be inside the metropolitan area 41.26 and one project must be outside the 41.27 metropolitan area. 41.28 (e) Conservation-Based Development 41.29 Program 41.30 $75,000 the first year and $75,000 the 41.31 second year are from the trust fund to 41.32 the commissioner of natural resources 41.33 for an agreement with the Minnesota 41.34 Land Trust to design four model 41.35 developments and acquire conservation 41.36 easements within new developments that 41.37 enhance the natural, rural landscape. 41.38 This appropriation must be matched by 41.39 at least $65,000 of nonstate money. 41.40 (f) Chisago Lakes Outlet 41.41 Channel Project 41.42 $40,000 is from the future resources 41.43 fund to the commissioner of natural 41.44 resources for an agreement with Chisago 41.45 county to complete the final 41.46 construction phase of the outlet 41.47 channel at Chisago Lakes. This 41.48 appropriation must be matched by at 41.49 least $50,000 of nonstate money. 41.50 (g) Blufflands Implementation 41.51 $33,000 the first year is from the 41.52 future resources fund to the 41.53 commissioner of natural resources for 41.54 an agreement with Winona county to 41.55 implement land protection 41.56 recommendations in the blufflands 41.57 design manual. 41.58 Subd. 9. Innovations in Energy 41.59 and Transportation 42.1 263,000 62,000 42.2 Summary by Fund 42.3 Future Resources 42.4 Fund 200,000 -0- 42.5 Trust Fund 63,000 62,000 42.6 (a) Ice Arena Design for Efficiency 42.7 and Air Quality - Continuation 42.8 $100,000 is from the future resources 42.9 fund to the amateur sports commission 42.10 for an agreement with the Center for 42.11 Energy and Environment in cooperation 42.12 with the department of health to 42.13 enhance energy efficiency and assure 42.14 indoor air quality in new and existing 42.15 ice arenas in Minnesota technical 42.16 assistance and energy audits. 42.17 (b) Promoting High Efficiency 42.18 Cogeneration 42.19 $100,000 is from the future resources 42.20 fund to the office of strategic and 42.21 long-range planning and the Minnesota 42.22 environmental quality board to develop 42.23 a statewide inventory of potential 42.24 cogeneration sites and a regulatory 42.25 guidance manual. 42.26 (c) Evaluate Biodiesel Made From 42.27 Waste Fats and Oils 42.28 $63,000 the first year and $62,000 the 42.29 second year are from the trust fund to 42.30 the commissioner of agriculture in 42.31 cooperation with the Minnesota Soybean 42.32 Growers Association to produce a diesel 42.33 fuel from soybeans and waste cooking 42.34 oils and greases, for laboratory 42.35 evaluation of the fuel for particulates 42.36 and engine power, and for trial in 42.37 light-duty vehicles. The appropriation 42.38 must be matched by at least $50,000 of 42.39 nonstate money. 42.40 Subd. 10. Decision-Making Tools 42.41 1,000,000 705,000 42.42 Summary by Fund 42.43 Future Resources 42.44 Fund 295,000 -0- 42.45 Trust Fund 705,000 705,000 42.46 (a) Goodhue County Natural Resources 42.47 Inventory and Management Plan 42.48 $75,000 is from the future resources 42.49 fund to the board of water and soil 42.50 resources for an agreement with Goodhue 42.51 county to inventory, evaluate, and 42.52 describe natural resources and create a 42.53 geographic information system-based map 42.54 and database. The appropriation must 42.55 be matched by at least $50,000 of 43.1 nonstate money. 43.2 (b) Public Access to Mineral 43.3 Knowledge 43.4 $100,000 is from the future resources 43.5 fund to the department of natural 43.6 resources to accelerate the automation 43.7 of historic mineral exploration 43.8 information and to make the database 43.9 accessible and searchable. 43.10 (c) Updating Outmoded Soil 43.11 Surveys - Continuation 43.12 $250,000 the first year and $250,000 43.13 the second year are from the trust fund 43.14 to the board of water and soil 43.15 resources for the first biennium of a 43.16 four biennia project to accelerate a 43.17 statewide program to begin to update 43.18 and digitize soil surveys in up to 25 43.19 counties, including Fillmore county. 43.20 Participating counties must provide a 43.21 cost share. 43.22 (d) Climate Variability and Change 43.23 Impacts on Minnesota Resources 43.24 $175,000 the first year and $175,000 43.25 the second year are from the trust fund 43.26 to the University of Minnesota to 43.27 develop a database of climate measures 43.28 relevant to recreation, tourism, 43.29 agriculture, and forestry, and to 43.30 construct climate scenarios for 43.31 Minnesota over the next 50 years. 43.32 (e) Minnesota Environmentally 43.33 Preferable Chemicals Project 43.34 $75,000 the first year and $75,000 the 43.35 second year are from the trust fund to 43.36 the office of environmental assistance 43.37 for an agreement with the Institute for 43.38 Local Self-Reliance to build an 43.39 industry network of users and producers 43.40 of petrochemicals and biochemicals, and 43.41 to promote a shift to environmentally 43.42 preferable chemicals. This 43.43 appropriation must be matched by at 43.44 least $40,000 of nonstate money. 43.45 (f) GIS Utilization of Historic 43.46 Timberland Survey Records 43.47 $120,000 is from the future resources 43.48 fund to the Minnesota Historical 43.49 Society to digitize and distribute 43.50 historic timberland survey records in a 43.51 geographic information system format. 43.52 (g) By-Products Application 43.53 to Agricultural, Mineland, and 43.54 Forest Soils 43.55 $175,000 the first year and $175,000 43.56 the second year are from the trust fund 43.57 to the pollution control agency for an 43.58 agreement with Western Lake Superior 43.59 Sanitary District to create a northeast 44.1 Minnesota consortium of public 44.2 utilities, wood-products, and mining 44.3 industries to research environmentally 44.4 sound coapplications of industrial and 44.5 municipal by-products for agriculture, 44.6 forestry, and mineland reclamation. 44.7 This appropriation must be matched by 44.8 at least $21,000 of nonstate money. 44.9 (h) Winter Severity Index 44.10 for Deer 44.11 $30,000 the first year and $30,000 the 44.12 second year are from the trust fund to 44.13 the commissioner of natural resources 44.14 for an agreement with the Minnesota 44.15 Deer Hunters Association to determine 44.16 the relationship between the winter 44.17 severity index, deer condition, and 44.18 deer mortality. This appropriation 44.19 must be matched by at least $5,000 in 44.20 nonstate money and at least $30,000 44.21 in-kind match. This appropriation is 44.22 available until June 30, 2002, at which 44.23 time the project must be completed and 44.24 final products delivered, unless an 44.25 earlier date is specified in the work 44.26 program. 44.27 Subd. 11. Environmental Education 44.28 1,970,000 885,000 44.29 Summary by Fund 44.30 Future Resources 44.31 Fund 1,085,000 -0- 44.32 Trust Fund 885,000 885,000 44.33 (a) Uncommon Ground: An Educational 44.34 Television Series 44.35 $200,000 the first year and $200,000 44.36 the second year are from the trust fund 44.37 to the University of Minnesota for 44.38 matching funding to produce a televised 44.39 series of natural landscapes 44.40 chronicling two centuries of change in 44.41 Minnesota. 44.42 (b) Karst Education for 44.43 Southeastern Minnesota 44.44 $60,000 the first year and $60,000 the 44.45 second year are from the trust fund to 44.46 the board of water and soil resources 44.47 for an agreement with the Southeast 44.48 Minnesota Water Resources Board to 44.49 develop teacher training workshops, 44.50 educational materials, and exhibits 44.51 demonstrating the connections between 44.52 land use and ground water contamination 44.53 in southeastern Minnesota. 44.54 (c) Minnesota Wolf Public 44.55 Education 44.56 $50,000 the first year and $50,000 the 44.57 second year are from the trust fund to 44.58 the commissioner of natural resources 45.1 for an agreement with the International 45.2 Wolf Center to develop educational 45.3 curriculum, conduct teacher training 45.4 workshops, and develop a traveling 45.5 exhibit on wolves to address the 45.6 current Minnesota wolf management 45.7 debate. This appropriation must be 45.8 matched by at least $15,500 of nonstate 45.9 money. 45.10 (d) Bear Center 45.11 $20,000 is from the future resources 45.12 fund to the commissioner of natural 45.13 resources for a grant to a bear center 45.14 to develop a business plan, marketing 45.15 study, facility predesign, and exhibit 45.16 design. 45.17 (e) Accessible Outdoor 45.18 Recreation 45.19 $200,000 the first year and $200,000 45.20 the second year are from the trust fund 45.21 to the commissioner of natural 45.22 resources for an agreement with 45.23 wilderness inquiry to survey facilities 45.24 in at least 50 state recreation units 45.25 for the Minnesota guide to universal 45.26 access, develop assessments of 45.27 inclusion in recreation and 45.28 environmental education activities, and 45.29 provide opportunities for 45.30 participation. This appropriation is 45.31 available until June 30, 2002, at which 45.32 time the project must be completed and 45.33 final products delivered, unless an 45.34 earlier date is specified in the work 45.35 program. 45.36 (f) Science Outreach and 45.37 Integrated Learning on Soil 45.38 $125,000 the first year and $125,000 45.39 the second year are from the trust fund 45.40 to the Science Museum of Minnesota to 45.41 develop a soils experiment center and 45.42 demonstration plots to increase the 45.43 awareness of soil science and soil 45.44 health. This appropriation must be 45.45 matched by at least $100,000 of 45.46 nonstate money. This appropriation is 45.47 available until June 30, 2002, at which 45.48 time the project must be completed and 45.49 final products delivered, unless an 45.50 earlier date is specified in the work 45.51 program. 45.52 (g) Teacher Training in 45.53 Interdisciplinary Environmental 45.54 Education 45.55 $30,000 the first year and $30,000 the 45.56 second year are from the trust fund to 45.57 the commissioner of natural resources 45.58 for an agreement with the Audubon 45.59 Center of the North Woods to train K-12 45.60 teachers in environmental education 45.61 techniques. 45.62 (h) Development and Rehabilitation 46.1 of Recreational Shooting Ranges 46.2 $350,000 is from the future resources 46.3 fund to the commissioner of natural 46.4 resources to provide cost-share grants 46.5 to local recreational shooting clubs 46.6 for the purpose of developing or 46.7 rehabilitating shooting sports 46.8 facilities for public use. In addition 46.9 to the required work program, grants 46.10 may not be approved until grant 46.11 proposals to be funded have been 46.12 submitted to the legislative commission 46.13 on Minnesota resources and the 46.14 commission has approved the grants or 46.15 allowed 60 days to pass. 46.16 (i) Youth Outdoor Environmental 46.17 Education Program 46.18 $125,000 is from the future resources 46.19 fund to the commissioner of natural 46.20 resources for an agreement with Dakota 46.21 county to develop youth-at-risk 46.22 environmental education programs. 46.23 (j) Twin Cities Environmental 46.24 Service Learning - Continuation 46.25 $20,000 the first year and $20,000 the 46.26 second year are from the trust fund to 46.27 the commissioner of natural resources 46.28 for an agreement with Eco Education to 46.29 provide training and matching grants 46.30 for student service environmental 46.31 learning projects. This appropriation 46.32 must be matched by at least $40,000 of 46.33 nonstate money. 46.34 (k) Minnesota Whitetail Deer 46.35 Resource Center Exhibits 46.36 $400,000 is from the future resources 46.37 fund to the commissioner of natural 46.38 resources for an agreement with the 46.39 Minnesota Deer Hunters Association to 46.40 construct exhibits on whitetail deer in 46.41 Minnesota. This appropriation is 46.42 available to the extent matched by 46.43 expenditure of nonstate money on land 46.44 and a building to display the exhibits. 46.45 (l) Sustainability Forums 46.46 $100,000 the first year and $100,000 46.47 the second year are from the trust fund 46.48 to the office of environmental 46.49 assistance for an agreement with the 46.50 Minnesota Division of the Izaak Walton 46.51 League of America to conduct forums for 46.52 the public and local units of 46.53 government on sustainability and 46.54 community-based planning objectives. 46.55 (m) Minnesota River Watershed 46.56 Ecology and History Exhibit 46.57 $90,000 the first year is from the 46.58 future resources fund to the Minnesota 46.59 Historical Society for an agreement 46.60 with Joseph R. Brown Heritage Society 47.1 to design and construct exhibits at the 47.2 Joseph R. Brown Minnesota River Center. 47.3 (n) Hyland Lake Environmental 47.4 Center 47.5 $100,000 the first year and $100,000 47.6 the second year are from the trust fund 47.7 to the metropolitan council for an 47.8 agreement with Suburban Hennepin 47.9 Regional Park District for predesign 47.10 and design of an environmental 47.11 education center in 47.12 Hyland-Bush-Anderson Lakes Regional 47.13 Park Reserve. 47.14 (o) Aquaculture, Hydroponics, and 47.15 Greenhouse Research Lab 47.16 $100,000 the first year is from the 47.17 future resources fund to the 47.18 commissioner of agriculture for an 47.19 agreement with Chisago Lakes High 47.20 School to design and construct a 47.21 greenhouse, hydroponics, and 47.22 aquaculture facility to support an 47.23 outdoor living classroom. 47.24 Subd. 12. Benchmarks and Indicators 47.25 2,315,000 1,915,000 47.26 Summary by Fund 47.27 Future Resources 47.28 Fund 200,000 -0- 47.29 Trust Fund 1,915,000 1,915,000 47.30 Great Lakes 47.31 Protection Account 200,000 -0- 47.32 (a) Measuring Children's Exposures 47.33 to Environmental Health Hazards 47.34 $250,000 the first year and $250,000 47.35 the second year are from the trust fund 47.36 to the University of Minnesota in 47.37 cooperation with the department of 47.38 health to augment a federal study of 47.39 exposure of children to multiple 47.40 environmental hazards, to evaluate 47.41 comparative health risks, and to design 47.42 intervention strategies. 47.43 (b) Minnesota County Biological 47.44 Survey - Continuation 47.45 $800,000 the first year and $800,000 47.46 the second year are from the trust fund 47.47 to the commissioner of natural 47.48 resources for the seventh biennium of a 47.49 12-biennia project to accelerate the 47.50 survey that identifies significant 47.51 natural areas and systematically 47.52 collects and interprets data on the 47.53 distribution and ecology of natural 47.54 communities, rare plants, and animals. 47.55 (c) Environmental Indicators 47.56 Initiative - Continuation 48.1 $200,000 the first year and $200,000 48.2 the second year are from the trust fund 48.3 to the commissioner of natural 48.4 resources for the third and final 48.5 biennium to complete a set of statewide 48.6 environmental indicators that will 48.7 assist public understanding of 48.8 Minnesota environmental health and the 48.9 effectiveness of sustainable 48.10 development efforts. 48.11 (d) Dakota County Wetland Health 48.12 Monitoring Program 48.13 $80,000 the first year and $80,000 the 48.14 second year are from the trust fund to 48.15 the commissioner of the pollution 48.16 control agency for an agreement with 48.17 Dakota county to evaluate wetland 48.18 health through citizen volunteers, 48.19 develop wetland biodiversity projects 48.20 in urban areas, and conduct public 48.21 education. 48.22 (e) Predicting Water and Forest 48.23 Resources Health and Sustainability 48.24 $150,000 the first year and $150,000 48.25 the second year are from the trust fund 48.26 to the University of Minnesota, Natural 48.27 Resources Research Institute, to assess 48.28 ecosystem health using indicators and 48.29 to develop models that incorporate 48.30 landscape composition change. 48.31 (f) Potential for Infant Risk 48.32 from Nitrate Contamination 48.33 $200,000 is from the future resources 48.34 fund to the commissioner of health to 48.35 study nitrate and bacteria-contaminated 48.36 drinking water of infants and families 48.37 at risk. 48.38 (g) Assessing Lake Superior Waters 48.39 Off the North Shore 48.40 $100,000 the first year and $100,000 48.41 the second year of this appropriation 48.42 are from the trust fund, and $200,000 48.43 is from the Great Lakes protection 48.44 account to the University of Minnesota 48.45 Duluth for a pilot program to establish 48.46 benchmark data for Lake Superior. 48.47 Expenses may not include capital cost 48.48 for a research vessel. This 48.49 appropriation is available until June 48.50 30, 2002, at which time the project 48.51 must be completed and final products 48.52 delivered, unless an earlier date is 48.53 specified in the work program. 48.54 (h) Minnesota's Forest Bird 48.55 Diversity Initiative - Continuation 48.56 $175,000 the first year and $175,000 48.57 the second year are from the trust fund 48.58 to the commissioner of natural 48.59 resources for the fifth biennium of a 48.60 six-biennium project to establish 49.1 benchmarks for using birds as 49.2 ecological indicators of forest 49.3 health. This appropriation must be 49.4 matched by at least $80,000 of nonstate 49.5 contributions. This appropriation is 49.6 available until June 30, 2002, at which 49.7 time the project must be completed and 49.8 final products delivered, unless an 49.9 earlier date is specified in the work 49.10 program. 49.11 (i) Farm Ponds as Critical 49.12 Habitats for Native Amphibians 49.13 $125,000 the first year and $125,000 49.14 the second year are from the trust fund 49.15 to the commissioner of natural 49.16 resources for an agreement with the 49.17 Upper Mississippi Science Center to 49.18 study management practices that sustain 49.19 healthy populations of amphibians in 49.20 southeastern Minnesota farm ponds and 49.21 to recommend monitoring methods 49.22 suitable for testing amphibian habitat 49.23 quality. This appropriation must be 49.24 matched by at least $200,000 of 49.25 nonstate contributions. This 49.26 appropriation is available until June 49.27 30, 2002, at which time the project 49.28 must be completed and final products 49.29 delivered, unless an earlier date is 49.30 specified in the work program. 49.31 (j) Improved Minnesota Fungus 49.32 Collection and Database 49.33 $35,000 the first year and $35,000 the 49.34 second year are from the trust fund to 49.35 the University of Minnesota to 49.36 consolidate and preserve fungus 49.37 specimen collections and computerize 49.38 the data for use in agriculture, 49.39 forestry, and recreation management. 49.40 Subd. 13. Critical Lands or Habitats 49.41 4,640,000 2,790,000 49.42 Summary by Fund 49.43 Future Resources 49.44 Fund 1,850,000 -0- 49.45 Trust Fund 2,790,000 2,790,000 49.46 (a) Sustainable Woodlands and 49.47 Prairies on Private Lands - 49.48 Continuation 49.49 $225,000 the first year and $225,000 49.50 the second year are from the trust fund 49.51 to the commissioner of natural 49.52 resources, in cooperation with the 49.53 Minnesota Forestry Association and the 49.54 Nature Conservancy, to develop 49.55 stewardship plans for private 49.56 landowners and to implement natural 49.57 resource projects by providing matching 49.58 money to private landowners. This 49.59 appropriation is available until June 49.60 30, 2002, at which time the project 50.1 must be completed and final products 50.2 delivered, unless an earlier date is 50.3 specified in the work program. 50.4 (b) National Prairie Passage; Linking 50.5 Isolated Prairie Preserves 50.6 $75,000 the first year and $75,000 the 50.7 second year are from the trust fund to 50.8 the commissioner of transportation to 50.9 link isolated tallgrass prairie 50.10 preserves with corridors of prairie. 50.11 This appropriation must be matched by 50.12 at least $600,000 of nonstate money. 50.13 (c) Greening the Metro 50.14 Mississippi-Minnesota River 50.15 Valleys 50.16 $400,000 the first year and $400,000 50.17 the second year are from the trust fund 50.18 to the commissioner of natural 50.19 resources for an agreement with 50.20 Greening the Great River Park to 50.21 implement private and public habitat 50.22 projects in the Mississippi and 50.23 Minnesota River Valleys. This 50.24 appropriation must be matched by at 50.25 least $374,000 of nonstate money and 50.26 cost sharing is required for projects 50.27 on private lands. This appropriation is 50.28 available until June 30, 2002, at which 50.29 time the project must be completed and 50.30 final products delivered, unless an 50.31 earlier date is specified in the work 50.32 program. 50.33 (d) Restoring the Greater Prairie 50.34 Chicken to Southwestern Minnesota 50.35 $30,000 the first year and $30,000 the 50.36 second year are from the trust fund to 50.37 the commissioner of natural resources 50.38 for an agreement with the Minnesota 50.39 Prairie Chicken Society to restore the 50.40 greater prairie chicken to appropriate 50.41 habitat. 50.42 (e) Prairie Heritage Fund - 50.43 Continuation 50.44 $250,000 the first year and $250,000 50.45 the second year are from the trust fund 50.46 to the commissioner of natural 50.47 resources for an agreement with 50.48 Pheasants Forever, Inc. to acquire and 50.49 develop land for prairie grasslands and 50.50 wetlands to be donated to the public. 50.51 The land must be open and accessible to 50.52 the public. This appropriation must be 50.53 matched by at least $500,000 of money. 50.54 In addition to the required work 50.55 program, parcels may not be acquired 50.56 until parcel lists have been submitted 50.57 to the legislative commission on 50.58 Minnesota resources and the commission 50.59 has approved the parcel list or allowed 50.60 60 days to pass. 50.61 (f) Public Boat Access and 50.62 Fishing Piers 51.1 $500,000 the first year and $500,000 51.2 the second year are from the trust 51.3 fund, and $310,000 is from the future 51.4 resources fund to the commissioner of 51.5 natural resources for increased access 51.6 to lakes and rivers statewide through 51.7 the provision of public boat access, 51.8 fishing piers, and shoreline access, 51.9 with approximately equal allocations 51.10 for the Twin Cities metropolitan area 51.11 and the remainder of the state. These 51.12 appropriations are available until June 51.13 30, 2002, at which time the project 51.14 must be completed and final products 51.15 delivered, unless an earlier date is 51.16 specified in the work program. 51.17 $212,000 of the appropriation from the 51.18 future resources fund is available 51.19 immediately upon enactment. 51.20 (g) Arboretum Land Acquisition and 51.21 Wetlands Restoration - Continuation 51.22 $350,000 the first year and $350,000 51.23 the second year are from the trust fund 51.24 to the University of Minnesota for an 51.25 agreement with the University of 51.26 Minnesota Landscape Arboretum 51.27 Foundation for the third biennium for 51.28 land acquisition. The priority is to 51.29 acquire approximately 40 acres of land 51.30 within the Arboretum boundary before 51.31 completing the Spring Peeper Meadow 51.32 wetland restoration. This 51.33 appropriation must be matched by at 51.34 least $700,000 of nonstate money. 51.35 (h) Native Prairie Prescribed 51.36 Burns 51.37 $200,000 the first year and $200,000 51.38 the second year are from the trust fund 51.39 for a grant to the commissioner of 51.40 natural resources for an agreement with 51.41 the Nature Conservancy for prescribed 51.42 burns of native prairie on state 51.43 wildlife lands. 51.44 (i) Implement the Chisago and 51.45 Washington Counties Green 51.46 Corridor Project - Continuation 51.47 $200,000 the first year and $200,000 51.48 the second year are from the trust fund 51.49 to the commissioner of natural 51.50 resources for an agreement with 1000 51.51 Friends of Minnesota for land 51.52 protection activities, including at 51.53 least $300,000 for cost-share grants to 51.54 local governments for fee or less than 51.55 fee acquisition. 51.56 (j) RIM Shoreland Stabilization 51.57 $175,000 the first year and $175,000 51.58 the second year are from the trust fund 51.59 to the commissioner of natural 51.60 resources to complete the high priority 51.61 bank stabilization on Lake 51.62 Winnibigoshish and, if additional match 52.1 money becomes available, to begin 52.2 similar work on Lac Qui Parle Lake. 52.3 This appropriation must be matched by 52.4 at least $56,000 of nonstate money. 52.5 This appropriation is available until 52.6 June 30, 2002, at which time the 52.7 project must be completed and final 52.8 products delivered, unless an earlier 52.9 date is specified in the work program. 52.10 (k) Enhancing Canada Goose 52.11 Hunting Opportunities for 52.12 Recreation and Management Purposes 52.13 $340,000 is from the future resources 52.14 fund to the commissioner of natural 52.15 resources to work with waterfowl 52.16 conservation organizations to secure 52.17 leases for goose forage areas and to 52.18 increase public goose hunting 52.19 opportunities. 52.20 (l) Nongame Wildlife 52.21 Management 52.22 $235,000 the first year and $235,000 52.23 the second year are appropriated from 52.24 the trust fund to the commissioner of 52.25 natural resources for the purpose of 52.26 nongame wildlife management. 52.27 (m) Wildlife Habitat 52.28 Acquisition and Development 52.29 $150,000 the first year and $150,000 52.30 the second year are from the trust fund 52.31 to the commissioner of natural 52.32 resources to acquire and protect land 52.33 and to make improvements of a capital 52.34 nature for the Chub lake natural area. 52.35 The appropriation is available until 52.36 expended and must be matched by federal 52.37 or local funds totaling $300,000. 52.38 (n) Trout Stream 52.39 Protection 52.40 $1,200,000 is from the future resources 52.41 fund to the commissioner of natural 52.42 resources for trout stream protection. 52.43 Subd. 14. Native Species Planting 52.44 945,000 595,000 52.45 Summary by Fund 52.46 Future Resources 52.47 Fund 350,000 -0- 52.48 Trust Fund 595,000 595,000 52.49 (a) Minnesota ReLeaf Matching 52.50 Grant Program - Continuation 52.51 $250,000 the first year and $250,000 52.52 the second year are from the trust 52.53 fund, and $350,000 is from the future 52.54 resources fund to the commissioner of 52.55 natural resources for the fourth 52.56 biennium, with at least $210,000 for 53.1 matching grants to local communities to 53.2 protect native oak forests from oak 53.3 wilt and to provide technical 53.4 assistance and cost sharing with 53.5 communities for tree planting and 53.6 community forestry assessments. 53.7 $200,000 of this appropriation the 53.8 first year is for tree replacement in 53.9 the cities of St. Peter and Comfrey. 53.10 The appropriation from the future 53.11 resources fund is available immediately 53.12 upon enactment. 53.13 (b) Landscaping for Wildlife and 53.14 Nonpoint Source Pollution Prevention 53.15 $75,000 the first year and $75,000 the 53.16 second year are from the trust fund to 53.17 the commissioner of natural resources 53.18 for an agreement with St. Paul 53.19 Neighborhood Energy Consortium to work 53.20 with urban and suburban communities to 53.21 expand native species planting through 53.22 residential landscaping and cooperative 53.23 neighborhood projects. The activities 53.24 must include participant cost sharing. 53.25 This appropriation must be matched by 53.26 at least $24,000 of nonstate money. 53.27 (c) Lakescaping for Wildlife and 53.28 Water Quality Initiative 53.29 $70,000 the first year and $70,000 the 53.30 second year are from the trust fund to 53.31 the commissioner of natural resources 53.32 in cooperation with the Minnesota Lakes 53.33 Association to promote lakescaping for 53.34 wildlife and water quality through 53.35 workshops, demonstration sites, and a 53.36 registry program for lakeshore owners. 53.37 The activities must include participant 53.38 cost sharing. 53.39 (d) Development and Assessment of 53.40 Oak Wilt Biological Control 53.41 Technologies - Continuation 53.42 $100,000 the first year and $100,000 53.43 the second year are from the trust fund 53.44 to the University of Minnesota to 53.45 evaluate biocontrol efficacy, spore mat 53.46 production, and root graft barrier 53.47 guidelines for oak wilt, in cooperation 53.48 with the department of agriculture. 53.49 (e) Restoring Ecological Health to 53.50 St. Paul's Mississippi River Bluffs 53.51 $100,000 the first year and $100,000 53.52 the second year are from the trust fund 53.53 to the commissioner of natural 53.54 resources for an agreement with Friends 53.55 of the Parks and Trails of St. Paul and 53.56 Ramsey County to inventory and restore 53.57 native species, and to plan for 53.58 critical greenways and natural area 53.59 habitat. This appropriation is 53.60 available until June 30, 2002, at which 53.61 time the project must be completed and 53.62 final products delivered, unless an 53.63 earlier date is specified in the work 54.1 program. 54.2 Subd. 15. Native Fish 54.3 229,000 229,000 54.4 Summary by Fund 54.5 Trust Fund 229,000 229,000 54.6 (a) Mussel Resource Survey 54.7 $200,000 the first year and $200,000 54.8 the second year are from the trust fund 54.9 to the commissioner of natural 54.10 resources for the first biennium of a 54.11 three-biennium project to survey 54.12 mussels statewide for resource 54.13 management. 54.14 (b) Freshwater Mussel Resources in 54.15 the St. Croix River 54.16 $29,000 the first year and $29,000 the 54.17 second year are from the trust fund to 54.18 the commissioner of natural resources 54.19 for an agreement with Macalester 54.20 College to continue refugia studies and 54.21 assess populations for freshwater 54.22 mussels. 54.23 Subd. 16. Exotic Species 54.24 405,000 145,000 54.25 Summary by Fund 54.26 Future Resources 54.27 Fund 260,000 -0- 54.28 Trust Fund 145,000 145,000 54.29 (a) Biological Control of Eurasian 54.30 Water Milfoil and Purple 54.31 Loosestrife - Continuation 54.32 $75,000 the first year and $75,000 the 54.33 second year are from the trust fund to 54.34 the commissioner of natural resources 54.35 for the fourth biennium of a 54.36 five-biennium project to develop and 54.37 implement biological controls for 54.38 Eurasian water milfoil and purple 54.39 loosestrife. This appropriation is 54.40 available until June 30, 2002, at which 54.41 time the project must be completed and 54.42 final products delivered, unless an 54.43 earlier date is specified in the work 54.44 program. 54.45 (b) Evaluate Establishment, Impact of 54.46 Leafy Spurge Biocontrol Agents 54.47 $70,000 the first year and $70,000 the 54.48 second year are from the trust fund to 54.49 the commissioner of agriculture to 54.50 study flea beetles introduced to 54.51 control leafy spurge by site 54.52 characterization and assessment for 54.53 biological control. This appropriation 54.54 is available until June 30, 2002, at 55.1 which time the project must be 55.2 completed and final products delivered, 55.3 unless an earlier date is specified in 55.4 the work program. 55.5 (c) Restoring Native Vegetation in 55.6 Parks and Nature Centers 55.7 $260,000 the first year is from the 55.8 future resources fund to the 55.9 commissioner of natural resources for 55.10 an agreement with the St. Paul Audubon 55.11 Society to restore native vegetation at 55.12 community nature centers and parks. 55.13 Subd. 17. Data Availability Requirements 55.14 (a) During the biennium ending June 30, 55.15 2001, the data collected by the 55.16 projects funded under this section that 55.17 have common value for natural resource 55.18 planning and management must conform to 55.19 information architecture as defined in 55.20 guidelines and standards adopted by the 55.21 office of technology. Spatial data 55.22 must conform with guidelines and 55.23 standards described in the geographic 55.24 data compatibility guidelines available 55.25 from the land management information 55.26 center. These data must be made 55.27 available under the provisions of the 55.28 Data Practices Act in chapter 13. 55.29 (b) For the purposes of information 55.30 dissemination to the extent 55.31 practicable, summary data and results 55.32 of projects funded under this section 55.33 should be readily accessible on the 55.34 Internet. To the extent practicable, 55.35 spatial data and their documentation 55.36 must be made available through the 55.37 Minnesota Geographic Data Clearinghouse. 55.38 (c) As part of project expenditures, 55.39 recipients of land acquisition 55.40 appropriations must provide the 55.41 information necessary to update public 55.42 recreation information maps to the 55.43 department of natural resources in the 55.44 specified form. 55.45 Subd. 18. Project Requirements 55.46 It is a condition of acceptance of the 55.47 appropriations in this section that any 55.48 agency or entity receiving the 55.49 appropriation must comply with 55.50 Minnesota Statutes, chapter 116P. 55.51 Subd. 19. Match Requirements 55.52 Unless specifically authorized, 55.53 appropriations in this section that 55.54 must be matched and for which the match 55.55 has not been committed by December 31, 55.56 1999, are canceled, and in-kind 55.57 contributions may not be counted as 55.58 match. 55.59 Subd. 20. Payment Conditions and 55.60 Capital Equipment Expenditures 56.1 All agreements, grants, or contracts 56.2 referred to in this section must be 56.3 administered on a reimbursement basis. 56.4 Notwithstanding Minnesota Statutes, 56.5 section 16A.41, expenditures made on or 56.6 after July 1, 1999, or the date the 56.7 work program is approved, whichever is 56.8 later, are eligible for reimbursement. 56.9 Payment must be made upon receiving 56.10 documentation that project-eligible 56.11 reimbursable amounts have been 56.12 expended, except that reasonable 56.13 amounts may be advanced to projects in 56.14 order to accommodate cash flow needs. 56.15 The advances must be approved as part 56.16 of the work program. No expenditures 56.17 for capital equipment are allowed 56.18 unless expressly authorized in the 56.19 project work program. 56.20 Subd. 21. Purchase of Recycled and 56.21 Recyclable Materials 56.22 A political subdivision, public or 56.23 private corporation, or other entity 56.24 that receives an appropriation in this 56.25 section must use the appropriation in 56.26 compliance with Minnesota Statutes, 56.27 sections 16B.121 to 16B.123, requiring 56.28 the purchase of recycled, repairable, 56.29 and durable materials, the purchase of 56.30 uncoated paper stock, and the use of 56.31 soy-based ink, the same as if it were a 56.32 state agency. 56.33 Subd. 22. Energy Conservation 56.34 A recipient to whom an appropriation is 56.35 made in this section for a capital 56.36 improvement project shall ensure that 56.37 the project complies with the 56.38 applicable energy conservation 56.39 standards contained in law, including 56.40 Minnesota Statutes, sections 216C.19 to 56.41 216C.21, and rules adopted thereunder. 56.42 The recipient may use the energy 56.43 planning and intervention and energy 56.44 technologies units of the commissioner 56.45 of public service to obtain information 56.46 and technical assistance on energy 56.47 conservation and alternative energy 56.48 development relating to the planning 56.49 and construction of the capital 56.50 improvement project. 56.51 Subd. 23. Accessibility 56.52 New structures must be shown to meet 56.53 the design standards in the Americans 56.54 with Disabilities Act Accessibility 56.55 Guidelines. Nonstructural facilities 56.56 such as trails, campgrounds, picnic 56.57 areas, parking, play areas, water 56.58 sources, and the access routes to these 56.59 features should be shown to be designed 56.60 using guidelines in the Recommendations 56.61 for Accessibility Guidelines: 56.62 Recreational Facilities and Outdoor 56.63 Developed Areas. 57.1 Subd. 24. Year 2000 Compatible 57.2 A recipient to whom an appropriation is 57.3 made in this section for computer 57.4 equipment and software must ensure that 57.5 the project expenditures comply with 57.6 year 2000 compatible database and 57.7 software. 57.8 Subd. 25. Carryforward 57.9 (a) The availability of the 57.10 appropriations for the following 57.11 projects is extended to June 30, 2000: 57.12 Laws 1997, chapter 216, section 15, 57.13 subdivision 5, paragraph (a), Ft. 57.14 Snelling State Park-upper bluff 57.15 utilization and AYH hostel; paragraph 57.16 (c), Jeffers petroglyphs environmental 57.17 assessment and prairie restoration; 57.18 paragraph (g), Native American 57.19 perspective of the historic north 57.20 shore; subdivision 6, paragraph (g), 57.21 lakeshore restoration - Minneapolis 57.22 chain of lakes; subdivision 9, 57.23 paragraph (a), grants to local 57.24 governments to assist natural resource 57.25 decision making; paragraph (e), North 57.26 Minneapolis upper river master plan; 57.27 paragraph (g), Miller Creek management; 57.28 and paragraph (h), trout habitat 57.29 preservation using alternative 57.30 watershed management practices; 57.31 subdivision 10, paragraph (g), Fillmore 57.32 county soil survey update; subdivision 57.33 11, paragraph (a), foundations to 57.34 integrated access to environmental 57.35 information; subdivision 12, paragraph 57.36 (a), sustainable development assistance 57.37 for municipalities through electric 57.38 utilities; paragraph (h), soy-based 57.39 diesel fuel study; subdivision 13, 57.40 paragraph (g), state wolf management: 57.41 electronically moderating the 57.42 discussion; subdivision 14, paragraph 57.43 (f), loons; indicators of mercury in 57.44 the environment; subdivision 17, 57.45 paragraph (a), sustainable woodlands on 57.46 private lands; and paragraph (d) 57.47 prairie heritage project; subdivision 57.48 20, paragraph (a), ballast water 57.49 technology demonstration for exotic 57.50 species control; Laws 1995, chapter 57.51 220, section 19, subdivision 12, 57.52 paragraph (a), restore historic 57.53 Mississippi river mill site, as amended 57.54 by Laws 1997, chapter 216, section 15, 57.55 subdivision 26, paragraph (b). 57.56 (b) The availability of the 57.57 appropriations for the following 57.58 projects is extended to June 30, 2001: 57.59 Laws 1997, chapter 216, section 15, 57.60 subdivision 5, paragraph (f), 57.61 historical and cultural museum on 57.62 Vermilion Lake Indian Reservation; 57.63 subdivision 7, paragraph (f), mercury 57.64 manometers; subdivision 16, paragraph 57.65 (b), Arboretum Land Acquisition; Laws 57.66 1996, chapter 463, section 22, 57.67 subdivision 8, Pickwick Mill, as 58.1 amended by Laws 1997, chapter 246, 58.2 section 32. 58.3 Sec. 17. ADDITIONAL APPROPRIATIONS 58.4 The following amounts are appropriated 58.5 in fiscal year 1999 from the Minnesota 58.6 environment and natural resources trust 58.7 fund referred to in Minnesota Statutes, 58.8 section 116P.02, subdivision 6. 58.9 $496,000 in fiscal year 1999 is added 58.10 to the appropriation in Laws 1997, 58.11 chapter 216, section 15, subdivision 4, 58.12 paragraph (a), clause (1), for state 58.13 park and recreation area acquisition. 58.14 $495,000 in fiscal year 1999 is added 58.15 to the appropriation in Laws 1997, 58.16 chapter 216, section 15, subdivision 4, 58.17 paragraph (b), metropolitan regional 58.18 park system. 58.19 Sec. 18. TRADE AND ECONOMIC 58.20 DEVELOPMENT 250,000 -0- 58.21 This appropriation is for the Minnesota 58.22 investment fund under Minnesota 58.23 Statutes, section 116J.8731, to make a 58.24 grant to the city of Windom to assist 58.25 an expanding agricultural processing 58.26 facility. The amount of the grant is 58.27 not subject to the limit in Minnesota 58.28 Statutes, section 116J.8731, 58.29 subdivision 5. If the grant is used to 58.30 acquire or improve real property, the 58.31 grant agreement between the city of 58.32 Windom and a recipient must provide 58.33 that, if the grant recipient sells, 58.34 transfers, or exchanges the real 58.35 property, any capital gain or other 58.36 profit on the transaction that accrues 58.37 to the grant recipient must be paid to 58.38 the commissioner for credit to the 58.39 Minnesota investment fund in the same 58.40 proportion as was paid from the 58.41 Minnesota investment fund to acquire or 58.42 improve the real property. 58.43 If this appropriation remains 58.44 unencumbered on March 31, 2000, the 58.45 amount cancels and is reappropriated to 58.46 the agricultural utilization research 58.47 institute and is available in the first 58.48 or second year. 58.49 Sec. 19. Minnesota Statutes 1998, section 14.386, is 58.50 amended to read: 58.51 14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.] 58.52 (a) A rule adopted, amended, or repealed by an agency, 58.53 under a statute enacted after January 1, 1997, authorizing or 58.54 requiring rules to be adopted but excluded from the rulemaking 58.55 provisions of chapter 14 or from the definition of a rule, has 58.56 the force and effect of law only if: 59.1 (1) the revisor of statutes approves the form of the rule 59.2 by certificate; 59.3 (2) the office of administrative hearings approves the rule 59.4 as to its legality within 14 days after the agency submits it 59.5 for approval and files two copies of the rule with the revisor's 59.6 certificate in the office of the secretary of state; and 59.7 (3) a copy is published by the agency in the State Register. 59.8 A statute enacted after January 1, 1997, authorizing or 59.9 requiring rules to be adopted but excluded from the rulemaking 59.10 provisions of chapter 14 or from the definition of a rule does 59.11 not excuse compliance with this section unless it makes specific 59.12 reference to this section. 59.13 (b) A rule adopted under this section is effective for a 59.14 period of two years from the date of publication of the rule in 59.15 the State Register. The authority for the rule expires at the 59.16 end of this two-year period. 59.17 (c) The chief administrative law judge shall adopt rules 59.18 relating to the rule approval duties imposed by this section and 59.19 section 14.388, including rules establishing standards for 59.20 review. 59.21 (d) This section does not apply to: 59.22 (1) any group or rule listed in section 14.03, subdivisions 59.23 1 and 3, except as otherwise provided by law; 59.24 (2) game and fish rules of the commissioner of natural 59.25 resources adopted under section 84.027, subdivision 13, or 59.26 sections 97A.0451 to 97A.0459; 59.27 (3) experimental and special management waters designated 59.28 by the commissioner of natural resources under sections 97C.001 59.29 and 97C.005;
or59.30 (4) game refuges designated by the commissioner of natural 59.31 resources under section 97A.085; or 59.32 (5) transaction fees established by the commissioner of 59.33 natural resources for electronic or telephone sales of licenses, 59.34 stamps, permits, registrations, or transfers under section 59.35 84.027, subdivision 15, paragraph (a), clause (3). 59.36 (e) If a statute provides that a rule is exempt from 60.1 chapter 14, and section 14.386 does not apply to the rule, the 60.2 rule has the force of law unless the context of the statute 60.3 delegating the rulemaking authority makes clear that the rule 60.4 does not have force of law. 60.5 Sec. 20. Minnesota Statutes 1998, section 16A.531, is 60.6 amended by adding a subdivision to read: 60.7 Subd. 3. [AGRICULTURAL FUND.] There is created in the 60.8 state treasury an agricultural fund as a special revenue fund 60.9 for deposit of receipts from agricultural related fees and 60.10 activities conducted by the state. 60.11 Sec. 21. Minnesota Statutes 1998, section 16B.171, as 60.12 amended by Laws 1999, chapter 86, article 1, section 7, is 60.13 amended to read: 60.14 16B.171 [EXCEPTION FOR FEDERAL TRANSPORTATIONCONTRACTS.] 60.15 Notwithstanding section 16C.08 or otherany law to the 60.16 contrary, the commissioner of transportation, commissioner of 60.17 the pollution control agency, or commissioner of natural 60.18 resources may, when required by a federal agency entering into 60.19 an intergovernmental contract, negotiate contract terms 60.20 providing for full or partial prepayment to the federal agency 60.21 before work is performed or services are provided. 60.22 Sec. 22. Minnesota Statutes 1998, section 17.03, is 60.23 amended by adding a subdivision to read: 60.24 Subd. 13. [SEMIANNUAL REPORTS.] (a) By October 15 and 60.25 April 15 of each year, the commissioner shall submit to the 60.26 legislative committees having jurisdiction over appropriations 60.27 from the agricultural fund in section 16A.531 a report on the 60.28 amount of revenue raised in each fee account within the fund, 60.29 the expenditures from each account, and the purposes for which 60.30 the expenditures were made. 60.31 (b) The report delivered on October 15 of each year must 60.32 include the commissioner's recommendations, if any, for changes 60.33 in statutes relating to the fee accounts of the agricultural 60.34 fund. 60.35 Sec. 23. Minnesota Statutes 1998, section 17.038, is 60.36 amended to read: 61.1 17.038 [STATISTICAL SERVICES ACCOUNT.] 61.2 The statistical services account is established in the 61.3 state treasuryagricultural fund. All payments for statistical 61.4 services performed by the agricultural statistics division of 61.5 the department of agriculture must be deposited in the state61.6 treasuryagricultural fund and credited to the statistical 61.7 services account. The money in the account is appropriated to 61.8 the commissioner of agriculture to administer the programs of 61.9 the agricultural statistics division. 61.10 Sec. 24. Minnesota Statutes 1998, section 17.102, 61.11 subdivision 4, is amended to read: 61.12 Subd. 4. [MINNESOTA GROWN ACCOUNT.] The Minnesota grown 61.13 account is established as an account in the state61.14 treasuryagricultural fund. License fee receipts and penalties 61.15 collected under this section must be deposited in the state61.16 treasuryagricultural fund and credited to the Minnesota grown 61.17 account. The money in the account is continuously appropriated 61.18 to the commissioner to implement and enforce this section and to 61.19 promote the Minnesota grown logo and labeling. 61.20 Sec. 25. Minnesota Statutes 1998, section 17.109, 61.21 subdivision 1, is amended to read: 61.22 Subdivision 1. [ESTABLISHMENT.] The Minnesota grown 61.23 matching account is established as a separate account in the 61.24 state treasuryagricultural fund. The account shall be 61.25 administered by the commissioner of agriculture as provided in 61.26 this section. 61.27 Sec. 26. Minnesota Statutes 1998, section 17.115, 61.28 subdivision 3, is amended to read: 61.29 Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans 61.30 must be made to the commissioner on forms prescribed by the 61.31 commissioner. 61.32 (b) The applications must be reviewed, ranked, and 61.33 recommended by a loan review panel appointed by the 61.34 commissioner. The loan review panel shall consist of two 61.35 lenders with agricultural experience, two resident farmers of 61.36 the state using sustainable agriculture methods, two resident 62.1 farmers of the state using organic agriculture methods, a farm 62.2 management specialist, a representative from a post-secondary 62.3 education institution, and a chair from the department. 62.4 (c) The loan review panel shall rank applications according 62.5 to the following criteria: 62.6 (1) realize savings to the cost of agricultural production 62.7 and project savings to repay the cost of the loan; 62.8 (2) reduce or make more efficient use of energy; and 62.9 (3) reduce production costs. 62.10 (d) A loan application must show that the loan can be 62.11 repaid by the applicant. 62.12 (e) The commissioner must consider the recommendations of 62.13 the loan review panel and may make loans for eligible projects. 62.14 Priority must be given based on the amount of savings realized 62.15 by adopting the practice implemented by the loan. 62.16 Sec. 27. Minnesota Statutes 1998, section 17.116, 62.17 subdivision 3, is amended to read: 62.18 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants 62.19 must be made to the commissioner on forms prescribed by the 62.20 commissioner. 62.21 (b) The applications must be reviewed, ranked, and 62.22 recommended by a technical review panel appointed by the 62.23 commissioner. The technical review panel shall consist of a 62.24 soil scientist, an agronomist, a representative from a 62.25 post-secondary educational institution, two resident farmers of 62.26 the state using sustainable agriculture methods, two resident 62.27 farmers of the state using organic agriculture methods, and a 62.28 chair from the department. 62.29 (c) The technical review panel shall rank applications 62.30 according to the following criteria: 62.31 (1) direct or indirect energy savings or production; 62.32 (2) environmental benefit; 62.33 (3) farm profitability; 62.34 (4) the number of farms able to apply the techniques or the 62.35 technology proposed; 62.36 (5) the effectiveness of the project as a demonstration; 63.1 (6) the immediate transferability of the project to farms; 63.2 and 63.3 (7) the ability of the project to accomplish its goals. 63.4 (d) The commissioner shall consider the recommendations of 63.5 the technical review panel and may award grants for eligible 63.6 projects. Priority must be given to applicants who are farmers 63.7 or groups of farmers. 63.8 (e) Grants for eligible projects may not exceed $25,000 63.9 unless the portion above $25,000 is matched on an equal basis by 63.10 the applicant's cash or in-kind land use contribution. Grant 63.11 funding of projects may not exceed $50,000 under this section, 63.12 but applicants may utilize other funding sources. A portion of 63.13 each grant must be targeted for public information activities of 63.14 the project. 63.15 (f) A project may continue for up to three years. 63.16 Multiyear projects must be reevaluated by the technical review 63.17 panel and the commissioner before second or third year funding 63.18 is approved. A project is limited to one grant for its funding. 63.19 Sec. 28. Minnesota Statutes 1998, section 17.117, 63.20 subdivision 3, is amended to read: 63.21 Subd. 3. [APPROPRIATIONS.] Up to $40,000,000$140,000,000 63.22 of the balance in the water pollution control revolving fund in 63.23 section 446A.07, as determined by the public facilities 63.24 authority, is appropriated to the commissioner for the 63.25 establishment of this program. 63.26 Sec. 29. Minnesota Statutes 1998, section 17.136, is 63.27 amended to read: 63.28 17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND 63.29 MANURE MANAGEMENT ADVISORY COMMITTEE.] 63.30 (a) The commissioner of agriculture and the commissioner of 63.31 the pollution control agency shall establish a feedlot and 63.32 manure management advisory committee to identify needs, goals, 63.33 and suggest policies for research, monitoring, and regulatory 63.34 activities regarding feedlot and manure management. In 63.35 establishing the committee, the commissioner shall give first 63.36 consideration to members of the existing feedlot advisory group. 64.1 (b) The committee must include representation from beef, 64.2 dairy, pork, chicken, and turkey producer organizations. The 64.3 committee shall not exceed 1821 members, but, after June 30, 64.4 19971999, must include representatives from at least four 64.5 environmental organizations, eight livestock producers, andfour 64.6 experts in soil and water science, nutrient management, and 64.7 animal husbandry, one commercial solid manure applicator who is 64.8 not a producer, one commercial liquid manure applicator who is 64.9 not a producer, and one member from an organization representing 64.10 local units of government, and chairs of the senate and the 64.11 house of representatives committees that deal with agricultural 64.12 policy or the designees of the chairs. In addition, the 64.13 departments of agriculture, health, and natural resources, the 64.14 pollution control agency, board of water and soil resources, 64.15 soil and water conservation districts, the federal Natural 64.16 Resource Conservation Service, the association of Minnesota 64.17 counties, and the Farm Service Agency shall serve on the 64.18 committee as ex officio nonvoting members. 64.19 (c) The advisory committee shall elect a chair and a 64.20 vice-chair from its members. The department and the agency 64.21 shall provide staff support to the committee. 64.22 (d) The commissioner of agriculture and the commissioner of 64.23 the pollution control agency shall consult with the advisory 64.24 committee during the development of any policies, rules, or 64.25 funding proposals or recommendations relating to feedlots or 64.26 feedlot-related manure management. 64.27 (e) The commissioner of agriculture shall consult with the 64.28 advisory committee on establishing a list of manure management 64.29 research needs and priorities. 64.30 (f) The advisory committee shall advise the commissioners 64.31 on other appropriate matters. 64.32 (g) Nongovernment members of the advisory committee shall 64.33 receive expenses, in accordance with section 15.059, subdivision 64.34 6. The advisory committee expires on June 30, 2001. 64.35 Sec. 30. Minnesota Statutes 1998, section 17.457, 64.36 subdivision 10, is amended to read: 65.1 Subd. 10. [FEE.] The commissioner shall impose a fee for 65.2 permits in an amount sufficient to cover the costs of issuing 65.3 the permits and for facility inspections. The fee may not 65.4 exceed $50. Fee receipts must be deposited in the state65.5 treasuryagricultural fund and credited to the special revenue65.6 fundEurasian wild pigs account and are appropriated to the 65.7 commissioner for the purposes of this section. 65.8 Sec. 31. Minnesota Statutes 1998, section 17.59, 65.9 subdivision 5, is amended to read: 65.10 Subd. 5. [COMMODITIES RESEARCH AND PROMOTION ACCOUNT.] All 65.11 fees collected by the department under sections 17.51 to 17.69 65.12 and any other fees and income received by the department in the 65.13 administration of these statutes shall be deposited in a 65.14 separate account known as the commodity research and promotion 65.15 account in the special revenueagricultural fund. Money in the 65.16 account, including interest, is appropriated to the commissioner 65.17 to carry out the duties of sections 17.51 to 17.69. 65.18 Sec. 32. [17.710] [AGRICULTURAL PRODUCTION CONTRACTS.] 65.19 A production contract entered into, renewed, or amended on 65.20 or after July 1, 1999, between an agricultural producer and a 65.21 processor of agricultural products must not contain provisions 65.22 that prohibit the producer from disclosing terms, conditions, 65.23 and prices contained in the contract. Any provision prohibiting 65.24 disclosure by the producer is void. 65.25 Sec. 33. Minnesota Statutes 1998, section 17.85, is 65.26 amended to read: 65.27 17.85 [LABORATORY SERVICES ACCOUNT.] 65.28 A laboratory services account is established in the state65.29 treasuryagricultural fund. Payments for laboratory services 65.30 performed by the laboratory services division of the department 65.31 of agriculture must be deposited in the state treasury65.32 agricultural fund and credited to the laboratory services 65.33 account. Money in the account, including interest earned on the 65.34 account, is annually appropriated to the commissioner of 65.35 agriculture to administer the programs of the laboratory 65.36 services division. 66.1 Sec. 34. Minnesota Statutes 1998, section 17.982, 66.2 subdivision 1, is amended to read: 66.3 Subdivision 1. [CRIMINAL PENALTIES.] A person who violates 66.4 chapter 29, 31, 31A, 31B, or 34 for which a penalty has not been 66.5 prescribed is guilty of a misdemeanor. 66.6 Sec. 35. Minnesota Statutes 1998, section 17.983, 66.7 subdivision 1, is amended to read: 66.8 Subdivision 1. [ADMINISTRATIVE PENALTIES; CITATION.] If a 66.9 person has violated chapter 29, 31, 31A, 31B, 32, or 34, the 66.10 commissioner may issue a written citation to the person by 66.11 personal service or by certified mail. The citation shall 66.12 describe the nature of the violation and the statute or rule 66.13 alleged to have been violated; state the time for correction; 66.14 and the amount of any proposed fine. The citation must advise 66.15 the person to notify the commissioner in writing within 30 days 66.16 if the person wishes to appeal the citation. If the person 66.17 fails to appeal the citation, the citation is the final order 66.18 and not subject to further review. 66.19 Sec. 36. Minnesota Statutes 1998, section 17A.11, is 66.20 amended to read: 66.21 17A.11 [FEES FOR LIVESTOCK WEIGHING.] 66.22 The commissioner shall prescribe the fee necessary to cover 66.23 the cost of state weighing, to be assessed and collected from 66.24 the seller in the manner the commissioner may prescribe. The 66.25 fee assessed must be the same, and the manner of collection of 66.26 the fee must be uniform at all facilities. At any location 66.27 where state weighing is performed in accordance with this 66.28 chapter and the total annual fees collected are insufficient to 66.29 pay the cost of the weighing, the annual deficit shall be 66.30 assessed and collected in the manner the commissioner may 66.31 prescribe. Additional money arising from the weighing of 66.32 animals by the commissioner, which has been collected and 66.33 retained by any person, shall be paid on demand to the 66.34 commissioner. All money collected by the commissioner shall be 66.35 deposited in the state treasuryagricultural fund and credited 66.36 to the livestock weighing fundaccount. Money in the account is 67.1 appropriated to the commissioner to carry out the duties of 67.2 section 17A.10 and for activities and duties required under 67.3 chapter 31B. 67.4 Sec. 37. Minnesota Statutes 1998, section 17B.15, 67.5 subdivision 1, is amended to read: 67.6 Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees 67.7 for inspection and weighing shall be fixed by the commissioner 67.8 and be a lien upon the grain. The commissioner shall set fees 67.9 for all inspection and weighing in an amount adequate to pay the 67.10 expenses of carrying out and enforcing the purposes of sections 67.11 17B.01 to 17B.23, including the portion of general support costs 67.12 and statewide indirect costs of the agency attributable to that 67.13 function, with a reserve sufficient for up to six months. The 67.14 commissioner shall review the fee schedule twice each year. Fee 67.15 adjustments are not subject to chapter 14. Payment shall be 67.16 required for services rendered. If the grain is in transit, the 67.17 fees shall be paid by the carrier and treated as advance 67.18 charges, and, if received for storage, the fees shall be paid by 67.19 the warehouse operator, and added to the storage charges. 67.20 All fees collected and all fines and penalties for 67.21 violation of any provision of this chapter shall be deposited in 67.22 the grain inspection and weighing account, which is created in 67.23 the state treasuryagricultural fund for carrying out the 67.24 purpose of sections 17B.01 to 17B.23. The money in the account, 67.25 including interest earned on the account, is annually 67.26 appropriated to the commissioner of agriculture to administer 67.27 the provisions of sections 17B.01 to 17B.23. When money from 67.28 any other account is used to administer sections 17B.01 to 67.29 17B.23, the commissioner shall notify the chairs of the 67.30 agriculture, environment and natural resources finance, and ways 67.31 and means committees of the house of representatives; the 67.32 agriculture and rural development and finance committees of the 67.33 senate; and the finance division of the environment and natural 67.34 resources committee of the senate. 67.35 Sec. 38. Minnesota Statutes 1998, section 18B.05, 67.36 subdivision 1, is amended to read: 68.1 Subdivision 1. [ESTABLISHMENT.] A pesticide regulatory 68.2 account is established in the state treasuryagricultural fund. 68.3 Fees and penalties collected under this chapter must be 68.4 deposited in the state treasuryagricultural fund and credited 68.5 to the pesticide regulatory account. Money in the account, 68.6 including interest, is appropriated to the commissioner for the 68.7 administration and enforcement of this chapter. 68.8 Sec. 39. Minnesota Statutes 1998, section 18B.26, 68.9 subdivision 5, is amended to read: 68.10 Subd. 5. [REVIEW AND REGISTRATION.] (a) The commissioner 68.11 may not deny the registration of a pesticide because the 68.12 commissioner determines the pesticide is not essential. 68.13 (b) The commissioner shall review each application and may 68.14 approve, deny, or cancel the registration of any pesticide. The 68.15 commissioner may impose state use and distribution restrictions 68.16 on a pesticide as part of the registration to prevent 68.17 unreasonable adverse effects on the environment. 68.18 (c) The commissioner must notify the applicant of the 68.19 approval, denial, cancellation, state use or distribution 68.20 restrictions. 68.21 (d) The applicant may request a hearing on any adverse 68.22 action of the commissioner within 30 days after being notified. 68.23 (e) The commissioner may exempt pesticides that have been 68.24 deregulated or classified as minimum risk by the United States 68.25 Environmental Protection Agency from the requirement of 68.26 registration. 68.27 Sec. 40. Minnesota Statutes 1998, section 18C.131, is 68.28 amended to read: 68.29 18C.131 [FERTILIZER INSPECTION ACCOUNT.] 68.30 A fertilizer inspection account is established in the state 68.31 treasury. The fees collected under this chapter and interest 68.32 attributable to money in the account must be deposited in the 68.33 state treasury and credited to the fertilizer inspection account 68.34 in the agricultural fund. Money in the account, including 68.35 interest earned, is appropriated to the commissioner for the 68.36 administration and enforcement of this chapter. 69.1 Sec. 41. Minnesota Statutes 1998, section 18E.02, 69.2 subdivision 5, is amended to read: 69.3 Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means: 69.4 (1) a responsible party or an owner of real property, but 69.5 does not include the state, a state agency, a political 69.6 subdivision of the state, except as provided in clause (2), the 69.7 federal government, or an agency of the federal government; 69.8 (2) the owners of municipal airports at Perham, Madison,69.9 and Hector,in Minnesota where a licensed aerial pesticide 69.10 applicator has caused an incident through storage, handling, or 69.11 distribution operations for agricultural chemicals if (i) the 69.12 commissioner has determined that corrective action is necessary 69.13 and (ii) the commissioner determines, and the agricultural 69.14 chemical response compensation board concurs, that based on an 69.15 affirmative showing made by the owner, a responsible party 69.16 cannot be identified or the identified responsible party is 69.17 unable to comply with an order for corrective action; or 69.18 (3) a person involved in a transaction relating to real 69.19 property who is not a responsible party or owner of the real 69.20 property and who voluntarily takes corrective action on the 69.21 property in response to a request or order for corrective action 69.22 from the commissioner , except an owner of a municipal airport69.23 not listed in clause (2). 69.24 Sec. 42. Minnesota Statutes 1998, section 18E.03, 69.25 subdivision 1, is amended to read: 69.26 Subdivision 1. [ESTABLISHMENT.] The agricultural chemical 69.27 response and reimbursement account is established as an account 69.28 in the state treasuryagricultural fund. 69.29 Sec. 43. [18E.035] [FINANCIAL SECURITY; MUNICIPAL 69.30 AIRPORTS.] 69.31 As a condition for the use of space or facilities for the 69.32 storage, handling, or distribution of agricultural chemicals on 69.33 the grounds of a municipal airport, a licensed aerial pesticide 69.34 applicator shall hold the owner of the airport harmless for any 69.35 expenses to cover necessary corrective actions caused by the 69.36 applicator. 70.1 Sec. 44. Minnesota Statutes 1998, section 21.115, is 70.2 amended to read: 70.3 21.115 [FEES; SEED POTATO INSPECTION FUNDACCOUNT.] 70.4 The commissioner shall fix the fees for all inspections and 70.5 certifications in such amounts as from time to time may be found 70.6 necessary to pay the expenses of carrying out and enforcing the 70.7 purposes of sections 21.111 to 21.122, with a reasonable 70.8 reserve, and shall require the same to be paid before such 70.9 inspections or certifications are made. All moneys collected as 70.10 fees or as penalties for violations of any of the provisions of 70.11 such sections shall be paid into the state treasuryagricultural 70.12 fund and thereincredited to the seed potato inspection fund70.13 account of the commissioner, which fundaccount is hereby 70.14 created and appropriated for carrying out the purposes of 70.15 sections 21.111 to 21.122. Interest, if any, received on 70.16 deposits of these moneys shall be credited to such fundthe 70.17 account, and there shall be paid into this fund any sum provided 70.18 by the legislature for the purpose of carrying out the 70.19 provisions of such sections. 70.20 Sec. 45. Minnesota Statutes 1998, section 21.116, is 70.21 amended to read: 70.22 21.116 [EXPENSES.] 70.23 All necessary expenses incurred in carrying out the 70.24 provisions of sections 21.111 to 21.122 and the compensation of 70.25 officers, inspectors, and employees appointed, designated, or 70.26 employed by the commissioner, as provided in such sections, 70.27 together with their necessary traveling expenses, together with 70.28 the traveling expenses of the members of the advisory seed 70.29 potato certification committee, and other expenses necessary in 70.30 attending committee meetings, shall be paid from, and only from, 70.31 the seed potato inspection fundaccount, on order of the 70.32 commissioner and commissioner of finance's voucher warrant. 70.33 Sec. 46. Minnesota Statutes 1998, section 21.90, 70.34 subdivision 3, is amended to read: 70.35 Subd. 3. [TESTS OF VARIETIES.] If the commissioner needs 70.36 to verify that a hybrid seed field corn variety is adapted to 71.1 the corn growing zone declared by the originator or owner, it 71.2 must, when grown in several official comparative trials by the 71.3 director of the Minnesota agricultural experiment station in the 71.4 declared zone of adaptation, have an average kernel moisture at 71.5 normal harvest time which does not differ from the average 71.6 kernel moisture content of three or more selected standard 71.7 varieties adapted for grain production in that particular 71.8 growing zone by more than four percentage points. If a new 71.9 variety when tested has more than six percentage points of 71.10 moisture over the standard variety, it must have the relative 71.11 maturity increased by five days in the correct zone of 71.12 adaptation before it can be sold the second year. If it does 71.13 not exceed the standard varieties by more than five percentage 71.14 points of moisture the second year tested, it can be sold the 71.15 third year with the same relative maturity. If upon being 71.16 tested the third year the moisture percentage points are found 71.17 to be over the four percentage points allowed, the variety then 71.18 must have the relative maturity increased by five days in the 71.19 correct zone. The varieties to be used as standard varieties 71.20 for determining adaptability to a zone shall be selected for 71.21 each zone by the director of the Minnesota agricultural 71.22 experiment station with the advice and consent of the 71.23 commissioner of agriculture. Should a person, firm, originator, 71.24 or owner of a hybrid seed field corn variety wish to offer 71.25 hybrid seed for sale or distribution in this state, the person, 71.26 firm, originator, or owner not having distributed any products 71.27 in Minnesota during the past ten years, or not having any record 71.28 of testing by an agency acceptable to the commissioner, then 71.29 after registration of the variety the commissioner is required 71.30 to have the variety tested for one year by the director of the 71.31 Minnesota agricultural experiment station before it may be 71.32 distributed in Minnesota. Should any person, firm, originator, 71.33 or owner of a seed field corn variety be guilty of two 71.34 successive violations with respect to the declaration of 71.35 relative maturity date and zone number, then the violator must 71.36 commence a program of pretesting for varieties as determined by 72.1 the commissioner. The list of varieties to be used as standards 72.2 in each growing zone shall be sent by the commissioner not later 72.3 than February 1 of each year to each seed firm registering 72.4 hybrid varieties with the commissioner as of the previous April 72.5 1. To assist in defraying the expenses of the Minnesota 72.6 agricultural experiment station in carrying out the provisions 72.7 of this section, there shall be transferred annually from the 72.8 seed inspection fundaccount to the agricultural experiment 72.9 station a sum which shall at least equal 80 percent of the total 72.10 revenue from all hybrid seed field corn variety registrations. 72.11 Sec. 47. Minnesota Statutes 1998, section 21.92, is 72.12 amended to read: 72.13 21.92 [SEED INSPECTION FUNDACCOUNT.] 72.14 There is established in the state treasuryagricultural 72.15 fund an account known as the seed inspection fundaccount. Fees 72.16 and penalties collected by the commissioner under sections 21.80 72.17 to 21.92 and interest attributable to money in the account shall 72.18 be deposited into this account. The rates at which the fees are 72.19 charged may be adjusted pursuant to section 16A.1285. Money in 72.20 the account, including interest earned, is appropriated to the 72.21 commissioner for the administration and enforcement of sections 72.22 21.80 to 21.92. 72.23 Sec. 48. Minnesota Statutes 1998, section 25.39, 72.24 subdivision 4, is amended to read: 72.25 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A 72.26 commercial feed inspection account is established in the state72.27 treasuryagricultural fund. Fees and penalties collected under 72.28 sections 25.35 to 25.43 and interest attributable to money in 72.29 the account must be deposited in the state treasuryagricultural 72.30 fund and credited to the commercial feed inspection 72.31 account. Money in the account, including interest earned, is 72.32 appropriated to the commissioner for the administration and 72.33 enforcement of sections 25.341 to 25.43. 72.34 Sec. 49. Minnesota Statutes 1998, section 27.07, 72.35 subdivision 6, is amended to read: 72.36 Subd. 6. [COOPERATIVE AGREEMENTS; FEES; ACCOUNT.] The 73.1 commissioner may collect fees as provided for in cooperative 73.2 agreements between the commissioner and the United States 73.3 Department of Agriculture for the inspection of fresh fruits, 73.4 vegetables, and other products. The fees and interest 73.5 attributable to money in the account must be deposited in the 73.6 state treasuryagricultural fund and credited to a fruit and 73.7 vegetables inspection account. Money in the account, including 73.8 interest earned, is appropriated to the commissioner to 73.9 administer the cooperative agreements. 73.10 Sec. 50. Minnesota Statutes 1998, section 28A.075, is 73.11 amended to read: 73.12 28A.075 [DELEGATION TO LOCAL BOARD OF HEALTH.] 73.13 (a) At the request of a local board of health that licensed 73.14 and inspected grocery and convenience stores on January 1, 1999, 73.15 the commissioner maymust enter into an agreementagreements 73.16 before January 1, 2001, with alocal boardboards of health to 73.17 delegate all or part ofto the appropriate local board of health 73.18 the licensing and inspection duties of the commissioner 73.19 pertaining to retail food handlers that are grocery or 73.20 convenience stores. Retail grocery or convenience stores 73.21 inspected under the state meat inspection program of chapter 31A 73.22 are exempt from delegation. 73.23 (b) A local board of health must adopt an ordinance 73.24 consistent with the Minnesota Food Code, Minnesota Rules, 73.25 chapter 4626, for all of its jurisdiction to regulate grocery 73.26 and convenience stores and the ordinance (Food Code) must not be 73.27 in conflict with standards set in law or rule. 73.28 Sec. 51. [28A.0752] [DELEGATION OF POWERS AND DUTIES.] 73.29 Subdivision 1. [AGREEMENTS TO PERFORM DUTIES OF THE 73.30 COMMISSIONER.] (a) Agreements to delegate licensing and 73.31 inspection duties pertaining to retail grocery or convenience 73.32 stores shall include licensing, inspection, reporting and 73.33 enforcement duties authorized under sections 17.04, 28A.13, 73.34 29.21, 29.23, 29.235, 29.236, 29.237, 29.24, 29.25, 29.26, 73.35 29.27, 29.28, 30.003, 30.01, 30.099, 30.103, 30.104, 30.15, 73.36 30.19, 30.49, 30.50, 30.55, 30.56, 30.57, 30.58, and 30.59, 74.1 appropriate sections of the Minnesota Food Law, chapter 31, and 74.2 applicable Minnesota food rules. 74.3 (b) Agreements are subject to subdivision 3. 74.4 (c) This subdivision does not affect agreements entered 74.5 into under section 28A.075 or current cooperative agreements 74.6 which base inspections and licensing responsibility on the 74.7 firm's most predominant mode of business. 74.8 Subd. 2. [AGREEMENTS TO PERFORM DUTIES OF THE 74.9 COMMISSIONER.] An agreement to delegate licensing and inspection 74.10 of retail food handlers that are grocery or convenience stores 74.11 to a local board of health must be approved by the commissioner 74.12 and is subject to subdivision 3. 74.13 Subd. 3. [TERMS OF AGREEMENTS.] (a) Agreements authorized 74.14 under this section must be in writing and signed by the 74.15 delegating authority and the designated agent. 74.16 (b) The agreement must list criteria the delegating 74.17 authority will use to determine if the designated agent's 74.18 performance meets appropriate standards and is sufficient to 74.19 replace performance by the delegating authority. 74.20 (c) The agreement may specify minimum staff requirements 74.21 and qualifications, set procedures for the assessment of costs, 74.22 and provide for termination procedures if the delegating 74.23 authority determines that the designated agent has failed to 74.24 comply with the agreement. 74.25 (d) The delegating authority and the designated agent are 74.26 required to perform inspections utilizing the Minnesota Food 74.27 Code's minimum and maximum standards. 74.28 (e) A designated agent must not perform licensing, 74.29 inspection, or enforcement duties under the agreement in 74.30 territory outside its jurisdiction unless approved by the 74.31 commissioner and governing body for that territory through a 74.32 separate agreement. 74.33 (f) The scope of agreements established under this section 74.34 is limited to duties and responsibilities agreed upon by the 74.35 parties. The agreement may provide for automatic renewal and 74.36 for notice of intent to terminate by either party. 75.1 (g) During the life of the agreement, the delegating 75.2 authority shall not perform duties that the designated agent is 75.3 required to perform under the agreement, except inspections 75.4 necessary to determine compliance with the agreement and this 75.5 section or as agreed to by the parties. 75.6 (h) The delegating authority shall consult with, advise, 75.7 and assist a designated agent in the performance of its duties 75.8 under the agreement. 75.9 (i) This section does not alter the responsibility of the 75.10 delegating authority for the performance of duties specified by 75.11 law and rule. 75.12 Sec. 52. Minnesota Statutes 1998, section 28A.08, 75.13 subdivision 3, as amended by Laws 1999, chapter 59, section 2, 75.14 is amended to read: 75.15 Subd. 3. [FEES EFFECTIVE JULY 1, 1999.] 75.16 Penalties 75.17 Type of food handler License Late No 75.18 Fee Renewal License 75.19 Effective 75.20 July 1, 75.21 1999 75.22 1. Retail food handler 75.23 (a) Having gross sales of only 75.24 prepackaged nonperishable food 75.25 of less than $15,000 for 75.26 the immediately previous 75.27 license or fiscal year and 75.28 filing a statement with the 75.29 commissioner $ 45 $ 15 $ 2575.30 $ 48 $ 16 $ 27 75.31 (b) Having under $15,000 gross 75.32 sales including food preparation 75.33 or having $15,000 to $50,000 75.34 gross sales for the immediately 75.35 previous license or fiscal year $ 61 $ 15 $ 2575.36 $ 65 $ 16 $ 27 76.1 (c) Having $50,000 to $250,000 76.2 gross sales for the immediately 76.3 previous license or fiscal year $118 $ 35 $ 7576.4 $126 $ 37 $ 80 76.5 (d) Having $250,000 to 76.6 $1,000,000 gross sales for the 76.7 immediately previous license or 76.8 fiscal year $202 $ 50 $10076.9 $216 $ 54 $107 76.10 (e) Having $1,000,000 to 76.11 $5,000,000 gross sales for the 76.12 immediately previous license or 76.13 fiscal year $562 $100 $17576.14 $601 $107 $187 76.15 (f) Having $5,000,000 to 76.16 $10,000,000 gross sales for the 76.17 immediately previous license or 76.18 fiscal year $787 $150 $30076.19 $842 $161 $321 76.20 (g) Having over $10,000,000 76.21 gross sales for the immediately 76.22 previous license or fiscal year $899 $200 $35076.23 $962 $214 $375 76.24 2. Wholesale food handler 76.25 (a) Having gross sales or 76.26 service of less than $25,000 76.27 for the immediately previous 76.28 license or fiscal year $ 50 $ 15 $ 1576.29 $ 54 $ 16 $ 16 76.30 (b) Having $25,000 to 76.31 $250,000 gross sales or 76.32 service for the immediately 76.33 previous license or fiscal year $225 $ 50 $10076.34 $241 $ 54 $107 76.35 (c) Having $250,000 to 76.36 $1,000,000 gross sales or 77.1 service from a mobile unit 77.2 without a separate food facility 77.3 for the immediately previous 77.4 license or fiscal year $337 $ 75 $15077.5 $361 $ 80 $161 77.6 (d) Having $250,000 to 77.7 $1,000,000 gross sales or 77.8 service not covered under 77.9 paragraph (c) for the immediately 77.10 previous license or fiscal year $449 $100 $20077.11 $480 $107 $214 77.12 (e) Having $1,000,000 to 77.13 $5,000,000 gross sales or 77.14 service for the immediately 77.15 previous license or fiscal year $562 $125 $25077.16 $601 $134 $268 77.17 (f) Having over $5,000,000 gross 77.18 sales for the immediately 77.19 previous license or fiscal year $647 $150 $30077.20 $692 $161 $321 77.21 3. Food broker $112 $ 30 $ 5077.22 $120 $ 32 $ 54 77.23 4. Wholesale food processor 77.24 or manufacturer 77.25 (a) Having gross sales of less 77.26 than $125,000 for the 77.27 immediately previous license 77.28 or fiscal year $150 $ 50 $10077.29 $161 $ 54 $107 77.30 (b) Having $125,000 to $250,000 77.31 gross sales for the immediately 77.32 previous license or fiscal year $310 $ 75 $15077.33 $332 $ 80 $161 77.34 (c) Having $250,001 to $1,000,000 77.35 gross sales for the immediately 77.36 previous license or fiscal year $449 $100 $20078.1 $480 $107 $214 78.2 (d) Having $1,000,001 to 78.3 5,000,000 gross sales for the 78.4 immediately previous license or 78.5 fiscal year $562 $125 $25078.6 $601 $134 $268 78.7 (e) Having $5,000,001 to 78.8 $10,000,000 gross sales for 78.9 the immediately previous 78.10 license or fiscal year $647 $150 $30078.11 $692 $161 $321 78.12 (f) Having over $10,000,000 78.13 gross sales for the immediately 78.14 previous license or fiscal year $900 $200 $35078.15 $963 $214 $375 78.16 5. Wholesale food processor of 78.17 meat or poultry products 78.18 under supervision of the 78.19 U. S. Department of Agriculture 78.20 (a) Having gross sales of less 78.21 than $125,000 for the 78.22 immediately previous license 78.23 or fiscal year $100 $ 25 $ 5078.24 $107 $ 27 $ 54 78.25 (b) Having $125,000 to 78.26 $250,000 gross sales for the 78.27 immediately previous license 78.28 or fiscal year $169 $ 50 $ 7578.29 $181 $ 54 $ 80 78.30 (c) Having $250,001 to 78.31 $1,000,000 gross sales for the 78.32 immediately previous license 78.33 or fiscal year $253 $ 75 $12578.34 $271 $ 80 $134 78.35 (d) Having $1,000,001 to 78.36 $5,000,000 gross sales 79.1 for the immediately previous 79.2 license or fiscal year $310 $ 75 $15079.3 $332 $ 80 $161 79.4 (e) Having $5,000,001 to 79.5 $10,000,000 gross sales for 79.6 the immediately previous 79.7 license or fiscal year $366 $100 $17579.8 $392 $107 $187 79.9 (f) Having over $10,000,000 79.10 gross sales for the immediately 79.11 previous license or fiscal year $500 $150 $25079.12 $535 $161 $268 79.13 6. Wholesale food processor or 79.14 manufacturer operating only at 79.15 the state fair $125 $ 40 $ 50 79.16 7. Wholesale food manufacturer 79.17 having the permission of the 79.18 commissioner to use the name 79.19 Minnesota Farmstead cheese $ 30 $ 10 $ 15 79.20 8. Nonresident frozen dairy 79.21 manufacturer $200 $ 50 $ 75 79.22 9. Wholesale food manufacturer 79.23 processing less than 700,000 79.24 pounds per year of raw milk $ 30 $ 10 $ 15 79.25 10. A milk marketing organization 79.26 without facilities for 79.27 processing or manufacturing 79.28 that purchases milk from milk 79.29 producers for delivery to a 79.30 licensed wholesale food 79.31 processor or manufacturer $ 50 $ 15 $ 25 79.32 producers for delivery to a 79.33 licensed wholesale food 79.34 processor or manufacturer $ 50 $ 15 $ 25 79.35 Sec. 53. [28A.081] [CERTIFICATE FEES.] 79.36 A fee of $75 for each certificate shall be charged to all 80.1 food establishments that request certificates issued by the 80.2 Minnesota department of agriculture to facilitate the movement 80.3 of Minnesota processed and manufactured foods destined for 80.4 export from the state of Minnesota. Certificates include, but 80.5 are not limited to, a certificate of free sale, certificate of 80.6 export, certificate of sanitation, sanitary certificate, 80.7 certificate of origin and/or free sale, certificate of health 80.8 and/or free sale, sanitation, and purity, certificate of free 80.9 trade, certificate of free sale, sanitation, purity, and origin, 80.10 certificate of health, sanitation, purity, and free sale, and 80.11 letter of plant certification. 80.12 The commissioner shall bill a food establishment within 80.13 seven days after issuing a certificate to the establishment. 80.14 The operator of the food establishment must submit payment for a 80.15 certificate within ten days of the billing date. If a 80.16 certificate fee payment is not received within 15 days of the 80.17 billing date, the commissioner may not issue any future 80.18 certificates until previous fees due are paid in full. 80.19 Sec. 54. Minnesota Statutes 1998, section 29.22, 80.20 subdivision 5, is amended to read: 80.21 Subd. 5. [DISPOSITION OF FEES.] All fees collected and all 80.22 fines paid for a violation of sections 29.21 to 29.28 or rules 80.23 promulgated under those sections, as well as all license fees 80.24 and penalties must be deposited in the state treasury80.25 agricultural fund, and credited to a separate account to be 80.26 known as the egg law inspection fundaccount, which is hereby 80.27 created, set aside, and appropriated as a revolving fundaccount 80.28 to be used by the department to help defray the expense of 80.29 inspection, supervision, and enforcement of sections 29.21 to 80.30 29.28 and is in addition to and not in substitution for the sums 80.31 regularly appropriated or otherwise made available for this 80.32 purpose to the department. 80.33 Sec. 55. Minnesota Statutes 1998, section 31.101, 80.34 subdivision 10, is amended to read: 80.35 Subd. 10. [MEAT AND POULTRY RULES.] Federal regulations in 80.36 effect on April 1, 1997January 1, 1999, as provided by Code of 81.1 Federal Regulations, title 9, partspart 301 to 362 and 381 to81.2 391, with the exception of Subpart C-Exemptions, sections 381.1081.3 to 381.15et seq., are incorporated as part of the meat and 81.4 poultry rules in this state. The rules may be amended by the 81.5 commissioner under chapter 14. 81.6 Sec. 56. Minnesota Statutes 1998, section 31.94, is 81.7 amended to read: 81.8 31.94 [COMMISSIONER DUTIES.] 81.9 (a) The commissioner shall enforce sections 31.92 to 31.95. 81.10 The commissioner shall withhold from sale or trade any product 81.11 sold, labeled, or advertised in violation of sections 31.92 to 81.12 31.95. 81.13 (b) The commissioner shall investigate the offering for 81.14 sale, labeling, or advertising of an article or substance as 81.15 organically grown, organically processed, or produced in an 81.16 organic environment if there is reason to believe that action is 81.17 in violation of sections 31.92 to 31.95. 81.18 (c) The commissioner may adopt rules that further clarify 81.19 organic food standards and marketing practices. 81.20 (d) In order to promote opportunities for organic 81.21 agriculture in Minnesota, the commissioner shall: 81.22 (1) survey producers and support services and organizations 81.23 to determine information and research needs in the area of 81.24 organic agriculture practices; 81.25 (2) work with the University of Minnesota to demonstrate 81.26 the on-farm applicability of organic agriculture practices to 81.27 conditions in this state; 81.28 (3) direct the programs of the department so as to work 81.29 toward the promotion of organic agriculture in this state; 81.30 (4) inform agencies of how state or federal programs could 81.31 utilize and support organic agriculture practices; and 81.32 (5) work closely with farmers, the University of Minnesota, 81.33 the Minnesota trade office, and other appropriate organizations 81.34 to identify opportunities and needs as well as ensure 81.35 coordination and avoid duplication of state agency efforts 81.36 regarding research, teaching, and extension work relating to 82.1 organic agriculture. 82.2 (e) By November 15 of each even-numbered year the 82.3 commissioner, in conjunction with the task force created in 82.4 section 31.95, subdivision 3a, shall report on the status of 82.5 organic agriculture in Minnesota to the legislative policy and 82.6 finance committees and divisions with jurisdiction over 82.7 agriculture. The report must include: 82.8 (1) a description of current state or federal programs 82.9 directed toward organic agriculture, including significant 82.10 results and experiences of those programs; 82.11 (2) a description of specific actions the department of 82.12 agriculture is taking in the area of organic agriculture, 82.13 including the proportion of the department's budget spent on 82.14 organic agriculture; 82.15 (3) a description of current and future research needs at 82.16 all levels in the area of organic agriculture; and 82.17 (4) suggestions for changes in existing programs or 82.18 policies or enactment of new programs or policies that will 82.19 affect organic agriculture. 82.20 Sec. 57. Minnesota Statutes 1998, section 31.95, 82.21 subdivision 3a, is amended to read: 82.22 Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota 82.23 grown organic product that is labeled "certified" must be 82.24 certified by a designated certification organization. 82.25 (b) A certified organic product sold in this state must be 82.26 certified by a designated certification organization or by a 82.27 certification organization approved by the commissioner. Before 82.28 approving a certification organization, the commissioner must 82.29 seek the evaluation and recommendation of the Minnesota organic 82.30 advisory task force. 82.31 (c) The commissioner shall appoint a Minnesota organic 82.32 advisory task force composed of members of the organic industry82.33 to advise the commissioner on organic issues. Members of the82.34 task force may not be paid compensation or costs for expensesto 82.35 advise the commissioner on policies and practices to improve 82.36 organic agriculture in Minnesota. The task force shall consist 83.1 of the following residents of the state: 83.2 (1) three farmers using organic agriculture methods; 83.3 (2) one organic food retailer or distributor; 83.4 (3) one representative of organic food certification 83.5 agencies; 83.6 (4) one organic food processor; 83.7 (5) one representative from the Minnesota extension 83.8 service; 83.9 (6) one representative from an environmental nonprofit 83.10 organization; 83.11 (7) two at-large members; and 83.12 (8) one representative from the agricultural utilization 83.13 research institute. Terms, compensation, and removal of members 83.14 are governed by section 15.059, subdivision 6. The task 83.15 force must meet at least twice each year and expires on June 30, 83.16 20012003. 83.17 Sec. 58. Minnesota Statutes 1998, section 31A.01, is 83.18 amended to read: 83.19 31A.01 [POLICY.] 83.20 Meat, poultry, and meat food products are an important 83.21 source of the nation's total supply of food. It is essential in 83.22 the public interest that the health and welfare of consumers be 83.23 protected by assuring that meat, poultry, and meat food products 83.24 distributed to them are wholesome, unadulterated, and properly 83.25 marked, labeled, and packaged. Unwholesome, adulterated, or 83.26 misbranded meat, poultry, or meat food products injure the 83.27 public welfare, destroy markets for wholesome, unadulterated, 83.28 and properly labeled and packaged meat, poultry, and meat food 83.29 products, and result in losses to livestock producers and 83.30 processors of meat, poultry, and meat food products and injury 83.31 to consumers. Unwholesome, adulterated, mislabeled, or 83.32 deceptively packaged articles can be sold at lower prices and 83.33 compete unfairly with wholesome, unadulterated, and properly 83.34 labeled and packaged articles, to the detriment of consumers and 83.35 the general public. 83.36 Regulation by the commissioner and cooperation between this 84.1 state and the United States under this chapter are appropriate 84.2 to protect the health and welfare of consumers and accomplish 84.3 the purposes of this chapter. 84.4 Sec. 59. Minnesota Statutes 1998, section 31A.02, 84.5 subdivision 4, is amended to read: 84.6 Subd. 4. [ANIMALS.] "Animals" means cattle, swine, sheep, 84.7 goats, poultry, farmed cervidae, as defined in section 17.451, 84.8 subdivision 2, llamas, as defined in section 17.455, subdivision 84.9 2, ratitae, as defined in section 17.453, subdivision 3, horses, 84.10 equines, and other large domesticated animals , not including84.11 poultry. 84.12 Sec. 60. Minnesota Statutes 1998, section 31A.02, is 84.13 amended by adding a subdivision to read: 84.14 Subd. 17a. [FEDERAL POULTRY INSPECTION ACT.] "Federal 84.15 Poultry Inspection Act" means the Federal Poultry Products 84.16 Inspection Act, as amended. 84.17 Sec. 61. Minnesota Statutes 1998, section 31A.02, is 84.18 amended by adding a subdivision to read: 84.19 Subd. 24. [POULTRY.] "Poultry" means any domesticated 84.20 bird, including, but not limited to, chickens, turkeys, ducks, 84.21 geese, or guineas. 84.22 Sec. 62. Minnesota Statutes 1998, section 31A.15, 84.23 subdivision 1, is amended to read: 84.24 Subdivision 1. [INSPECTION.] The provisions of sections 84.25 31A.01 to 31A.16 requiring inspection of the slaughter of 84.26 animals and the preparation of the carcasses, parts of 84.27 carcasses, meat, poultry, and meat food products at 84.28 establishments conducting slaughter and preparation do not apply: 84.29 (1) to the processing by a person of the person's own 84.30 animals and the owner's preparation and transportation in 84.31 intrastate commerce of the carcasses, parts of carcasses, meat, 84.32 poultry, and meat food products of those animals exclusively for 84.33 use by the owner and members of the owner's household, nonpaying 84.34 guests, and employees; or 84.35 (2) to the custom processing by a person of cattle, sheep, 84.36 swine, poultry, or goats delivered by the owner for processing, 85.1 and the preparation or transportation in intrastate commerce of 85.2 the carcasses, parts of carcasses, meat, poultry, and meat food 85.3 products of animals, exclusively for use in the household of the 85.4 owner by the owner and members of the owner's household, 85.5 nonpaying guests, and employees. Meat from custom processing of 85.6 cattle, sheep, swine, poultry, or goats must be identified and 85.7 handled as required by the commissioner, during all phases of 85.8 processing, chilling, cooling, freezing, preparation, storage, 85.9 and transportation. The custom processor may not engage in the 85.10 business of buying or selling carcasses, parts of carcasses, 85.11 meat, poultry, or meat food products of animals usable as human 85.12 food unless the carcasses, parts of carcasses, meat, poultry, or 85.13 meat food products have been inspected and passed and are 85.14 identified as inspected and passed by the Minnesota department 85.15 of agriculture or the United States Department of Agriculture. 85.16 Sec. 63. Minnesota Statutes 1998, section 31A.21, 85.17 subdivision 1, is amended to read: 85.18 Subdivision 1. [DESIGNATION.] The Minnesota department of 85.19 agriculture is the state agency responsible for cooperating with 85.20 the United States Secretary of Agriculture under section 301 of 85.21 the Federal Meat Inspection Act and of the Poultry Products 85.22 Inspection Act to develop and administer the state meat 85.23 inspection program under this chapter so that its requirements 85.24 at least equal those imposed under titles I and IV of the 85.25 Federal Meat Inspection Act and of the Poultry Products 85.26 Inspection Act to develop and administer the state program under 85.27 sections 31A.17 to 31A.20 to carry out the purposes of this 85.28 chapter and the federal act. 85.29 Sec. 64. Minnesota Statutes 1998, section 31A.21, 85.30 subdivision 3, is amended to read: 85.31 Subd. 3. [ADVICE; CONSULTATION.] The Minnesota department 85.32 of agriculture may recommend to the United States Secretary of 85.33 Agriculture officials or employees of this state for appointment 85.34 to the advisory committees provided for in section 301 of the 85.35 Federal Meat Inspection Act and of the Poultry Products 85.36 Inspection Act. The Minnesota department of agriculture shall 86.1 serve as the representative of the governor for consultation 86.2 with the secretary under paragraph (c) of section 301 of the 86.3 Federal Meat Inspection Act and of the Poultry Products 86.4 Inspection Act unless the governor selects another 86.5 representative. 86.6 Sec. 65. Minnesota Statutes 1998, section 31A.31, is 86.7 amended to read: 86.8 31A.31 [CITATION.] 86.9 This chapter may be cited as the Minnesota Meat and Poultry 86.10 Inspection Act. 86.11 Sec. 66. [31B.07] [PRICE AND CONTRACT REPORTS.] 86.12 Subdivision 1. [DAILY PRICE REPORTS.] (a) At the close of 86.13 each business day on which a packer purchased or received on 86.14 contract livestock for slaughter, the packer must report to the 86.15 United States Department of Agriculture, Agricultural Marketing 86.16 Service, and the commissioner of agriculture all prices paid for 86.17 livestock under contract and through cash market sales during 86.18 that business day, including: 86.19 (1) the amount of the base price and a description of the 86.20 formula used to establish that base price; 86.21 (2) a description of the types and amount of any premiums 86.22 or discounts including but not limited to quality 86.23 characteristics, grade and yield, volume, early delivery, 86.24 percent lean, and transportation or acquisition cost savings to 86.25 the packer; and 86.26 (3) the basis on which payment was made including 86.27 live-weight, carcass weight, or value in the meat. 86.28 (b) The commissioner shall make information reported by 86.29 packers available to the public, through an electronic medium, 86.30 on the day succeeding the day covered by the packer's report. 86.31 The disclosure of information reported by the commissioner may 86.32 be made only in a form that ensures that: 86.33 (1) the identity of the parties involved in any transaction 86.34 described in a report is not disclosed; 86.35 (2) the identity of the packer submitting a report is not 86.36 disclosed; and 87.1 (3) the confidentiality of proprietary business information 87.2 is otherwise protected. 87.3 Subd. 2. [QUARTERLY REPORTS; COMMISSIONER PUBLICATION OF 87.4 TERMS AND PRICE.] (a) A packer that acquires livestock for 87.5 slaughter under contract with one or more producers shall, 87.6 within ten business days after the close of each calendar 87.7 quarter, provide a report to the commissioner. The report must 87.8 include copies of each type of marketing agreement, contract, 87.9 and joint venture agreement used by the packer to procure 87.10 slaughter livestock from producers during the previous calendar 87.11 quarter. 87.12 (b) Not later than 15 business days after packers have 87.13 provided reports required under paragraph (a), the commissioner 87.14 shall release to the agricultural press and other interested 87.15 parties a summary report of the contract terms and prices 87.16 offered by packers to producers during the previous calendar 87.17 quarter. 87.18 Subd. 3. [EXPIRATION.] The reporting provisions of this 87.19 section expire 30 days after a department or agency of the 87.20 federal government has a price reporting requirement at least as 87.21 comprehensive as this section. 87.22 Sec. 67. Minnesota Statutes 1998, section 32.21, 87.23 subdivision 4, is amended to read: 87.24 Subd. 4. [PENALTIES.] (a) A person, other than a milk 87.25 producer, who violates this section is guilty of a misdemeanor 87.26 or subject to a civil penalty up to $1,000. 87.27 (b) A milk producer may not change milk plants within 30 87.28 days, without permission of the commissioner, after receiving 87.29 notification from the commissioner under paragraph (c) or (d) 87.30 that the milk producer has violated this section. 87.31 (c) A milk producer who violates subdivision 3, clause (1), 87.32 (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 87.33 paragraph. 87.34 (1) Upon notification of the first violation in a 12-month 87.35 period, the producer must meet with the dairy plant field 87.36 service representative to initiate corrective action within 30 88.1 days. 88.2 (2) Upon the second violation within a 12-month period, the 88.3 producer is subject to a civil penalty of $300. The 88.4 commissioner shall notify the producer by certified mail stating 88.5 the penalty is payable in 30 days, the consequences of failure 88.6 to pay the penalty, and the consequences of future violations. 88.7 (3) Upon the third violation within a 12-month period, the 88.8 producer is subject to an additional civil penalty of $300 and 88.9 possible revocation of the producer's permit or certification. 88.10 The commissioner shall notify the producer by certified mail 88.11 that all civil penalties owed must be paid within 30 days and 88.12 that the commissioner is initiating administrative procedures to 88.13 revoke the producer's permit or certification to sell milk for 88.14 at least 30 days. 88.15 (d) The producer's shipment of milk must be immediately 88.16 suspended if the producer is identified as an individual source 88.17 of milk containing residues causing a bulk load of milk to test 88.18 positive in violation of subdivision 3, clause (6) or (7). 88.19 Shipment may resumeThe Grade A or manufacturing grade permit 88.20 must be converted to temporary status for not more than 30 days 88.21 and shipment may resume only after subsequent milk has been 88.22 sampled by the commissioner or the commissioner's agent and 88.23 found to contain no residues above established tolerances or 88.24 safe levels. 88.25 The Grade A or manufacturing grade permit may be restored 88.26 if the producer remains eligible only for manufacturing grade88.27 until the producercompletes the "Milk and Dairy Beef Residue 88.28 Prevention Protocol" with a licensed veterinarian, displays the 88.29 signed certificate in the milkhouse, and sends verification to 88.30 the commissioner within the 30-day temporary permit status 88.31 period. If the producer does not comply within the temporary 88.32 permit status period, the Grade A or manufacturing grade permit 88.33 must be suspended. A milk producer whose milk supply is in 88.34 violation of subdivision 3, clause (6) or (7), and has caused a 88.35 bulk load to test positive is subject to clauses (1) to (3) of 88.36 this paragraph. 89.1 (1) For the first violation in a 12-month period, a dairy 89.2 plant may collect from the responsible producer the value of the 89.3 contaminated truck load of milk. If the amount collected by the 89.4 plant is less than two days of milk production on that farm, 89.5 then the commissioner must assess the difference as a civil 89.6 penalty payable by the plant or marketing organization on behalf 89.7 of the responsible producer. 89.8 (2) For the second violation in a 12-month period, a dairy 89.9 plant may collect from the responsible producer the value of the 89.10 contaminated truck load of milk. If the amount collected by the 89.11 plant is less than four days of milk production on that farm, 89.12 then the commissioner must assess the difference as a civil 89.13 penalty payable by the plant or marketing organization on behalf 89.14 of the responsible producer. 89.15 (3) For the third violation in a 12-month period, a dairy 89.16 plant may collect from the responsible producer the value of the 89.17 contaminated load of milk. If the amount collected by the plant 89.18 is less than four days of milk production on that farm, then the 89.19 commissioner must assess the difference as a civil penalty 89.20 payable by the plant or marketing organization on behalf of the 89.21 responsible producer. The commissioner shall also notify the 89.22 producer by certified mail that the commissioner is initiating 89.23 administrative procedures to revoke the producer's right to sell 89.24 milk for a minimum of 30 days. 89.25 (4) If a bulk load of milk tests negative for residues and 89.26 there is a positive producer sample on the load, no civil 89.27 penalties may be assessed to the producer. The plant must 89.28 report the positive result within 24 hours and reject further 89.29 milk shipments from that producer until the producer's milk 89.30 tests negative. The department shall suspend the producer's 89.31 permit and count the violation on the producer's record. The 89.32 producer remains eligible only for manufacturing grade89.33 untilGrade A or manufacturing grade permit must be converted to 89.34 temporary status for not more than 30 days during which time the 89.35 producer reviewsmust review the "Milk and Dairy Beef Residue 89.36 Prevention Protocol" with a licensed veterinarian, display the 90.1 signed certificate in the milkhouse, and send verification to 90.2 the commissioner. To maintain a permit or certification to90.3 market milk, this program must be reviewed within 30 days.If 90.4 these conditions are met, the Grade A or manufacturing grade 90.5 permit must be reinstated. If the producer does not comply 90.6 within the temporary permit status period, the Grade A or 90.7 manufacturing grade permit must be suspended. 90.8 (e) A milk producer that has been certified as completing 90.9 the "Milk and Dairy Beef Residue Prevention Protocol" within 12 90.10 months of the first violation of subdivision 3, clause (7), need 90.11 only review the cause of the violation with a field service 90.12 representative within three days to maintain Grade A or 90.13 manufacturing grade permit and shipping status if all other 90.14 requirements of this section are met. 90.15 (f) Civil penalties collected under this section must be 90.16 deposited in the milk inspection services account established in 90.17 this chapter. 90.18 Sec. 68. Minnesota Statutes 1998, section 32.394, 90.19 subdivision 9, is amended to read: 90.20 Subd. 9. [PAYMENTS; REFUNDS; DISPOSITION.] Fees are 90.21 payable by a processor or marketing organization by July 1 of 90.22 each year for Grade A, and by January 1 of each year for 90.23 manufacturing grade, and if not paid within 30 days of the due 90.24 date, the service must be discontinued, and permission to market 90.25 manufacturing grade or Grade A milk or milk products or use the 90.26 Grade A label must be withdrawn. A processor may terminate 90.27 payment and service without loss of the Grade A label if written 90.28 notice of that intention is given prior to the due date of the 90.29 payment of an assessment and if the continuous inspection of the 90.30 plant is assumed by a city whose milk control ordinance is 90.31 substantially equivalent to Minnesota law and rule and is 90.32 enforced with equal effectiveness. If a farm discontinues the 90.33 production of milk within six months of the billing date, a 90.34 request for a refund based on inspection services not received 90.35 may be made by the processor or by the marketing organization on 90.36 behalf of its patrons. This request must be made in writing by 91.1 July 1 for manufacturing grade, or by December 31 for Grade A, 91.2 and on approval by the commissioner refunds must be made to the 91.3 processor or marketing organization. 91.4 The fees for services performed by the activities of this 91.5 section must be deposited in the state treasuryagricultural 91.6 fund and constitute a separate account to be known as the dairy 91.7 services account, which is hereby created. Money in the 91.8 account, including interest earned, is appropriated to the 91.9 commissioner to administer this chapter. 91.10 Sec. 69. Minnesota Statutes 1998, section 35.02, 91.11 subdivision 1, is amended to read: 91.12 Subdivision 1. [MEMBERS; OFFICERS.] The board has five 91.13 members appointed by the governor with the advice and consent of 91.14 the senate, three of whom are producers of livestock in the 91.15 state, and two of whom are practicing veterinarians licensed in 91.16 Minnesota. The dean of the college of veterinary medicine of 91.17 the University of Minnesota may serve as consultant to the board 91.18 without vote. Appointments to fill unexpired terms must be made 91.19 from the classes to which the retiring members belong. The 91.20 board shall elect a president and a vice-president from among 91.21 its members and a veterinarian licensed in Minnesota who is not 91.22 a member to be its executive secretarydirector for a term of 91.23 one year and until a successor qualifies. The board shall set 91.24 the duties of the secretarydirector. 91.25 Sec. 70. Minnesota Statutes 1998, section 35.04, is 91.26 amended to read: 91.27 35.04 [DUTY OF BOARDS OF HEALTH.] 91.28 Boards of health as defined in section 145A.02, subdivision 91.29 2, shall assist the board in the prevention, suppression, 91.30 control, and eradication of contagious and infectious dangerous 91.31 diseases among domestic animals when directed to do so by the 91.32 secretarydirector or any member of the board. Two or more 91.33 local boards may be required in emergencies to cooperate in 91.34 giving assistance. The rules of the state board prevail over 91.35 conflicting local board rules. 91.36 Sec. 71. Minnesota Statutes 1998, section 35.05, is 92.1 amended to read: 92.2 35.05 [AUTHORITY OF STATE BOARD.] 92.3 (a) The state board may quarantine or kill any domestic 92.4 animal infected with, or which has been exposed to, a contagious 92.5 or infectious dangerous disease if it is necessary to protect 92.6 the health of the domestic animals of the state. 92.7 (b) The board may regulate or prohibit the arrival in and 92.8 departure from the state of infected or exposed animals and, in 92.9 case of violation of any rule or prohibition, may detain any 92.10 animal at its owner's expense. The board may regulate or 92.11 prohibit the importation of domestic animals which, in its 92.12 opinion, may injure the health of Minnesota livestock. 92.13 (c) The board may implement the United States, Voluntary 92.14 Johne's Disease Herd Status Program for cattle. 92.15 (d) Rules adopted by the board under authority of this 92.16 chapter must be published in the State Register. 92.17 Sec. 72. Minnesota Statutes 1998, section 35.08, is 92.18 amended to read: 92.19 35.08 [KILLING OF DISEASED ANIMALS.] 92.20 If the board decides upon the killing of an animal affected 92.21 with tuberculosis, paratuberculosis, or brucellosis, it shall 92.22 notify the animal's owner or keeper of the decision. If the 92.23 board, through its executive secretarydirector, orders that an 92.24 animal may be transported for immediate slaughter to any 92.25 abattoir where the meat inspection division of the United States 92.26 Department of Agriculture maintains inspection, or where the 92.27 animal and plant health inspection service of the United States 92.28 Department of Agriculture or the board establishes field 92.29 postmortem inspection, the owner must receive the value of the 92.30 net salvage of the carcass. 92.31 Before the animal is removed from the premises of the 92.32 owner, the representative or authorized agent of the board must 92.33 agree with the owner in writing as to the value of the animal. 92.34 In the absence of an agreement, three competent, disinterested 92.35 persons, one appointed by the board, one by the owner, and a 92.36 third by the first two, shall appraise the animal at its full 93.1 replacement cost taking into consideration the purpose and use 93.2 of the animal. 93.3 The appraisement made under this section must be in 93.4 writing, signed by the appraisers, and certified by the board to 93.5 the commissioner of finance, who shall draw a warrant on the 93.6 state treasurer for the amount due the owner. 93.7 Sec. 73. Minnesota Statutes 1998, section 35.09, 93.8 subdivision 2, is amended to read: 93.9 Subd. 2. [EXCEPTIONS.] The owner of an animal is entitled 93.10 to the indemnity provided in subdivision 1, except in the 93.11 following cases: 93.12 (1) steers; 93.13 (2) animals which have not been kept in good faith for one 93.14 year or since their birth in the state; 93.15 (3) animals brought into the state, contrary to law or 93.16 rules of the board; 93.17 (4) animals diseased on arrival in the state; 93.18 (5) animals belonging to the United States; 93.19 (6) animals belonging to institutions maintained by the 93.20 state, a county, or a municipality; 93.21 (7) animals which the owner or claimant knew or should have 93.22 known were diseased at the time they were acquired; 93.23 (8) animals exposed to brucellosis through the owner's 93.24 negligence; 93.25 (9) animals which have been injected with brucellosis 93.26 vaccine, bacterin, or other preparations made from or through 93.27 the agency of Brucella Microorganisms unless it was done in 93.28 compliance with the rules of the board; 93.29 (10) animals belonging to a person who has received 93.30 indemnity as a result of a former inspection or tests and has 93.31 then introduced into the same herd any animals which have not 93.32 passed the tuberculin or brucellosis test; 93.33 (11) animals if the owner, agent, or person in possession 93.34 of them has not complied with the rules of the board with 93.35 respect to condemned animals; 93.36 (12) condemned animals which are not destroyed within 15 94.1 days after the date of appraisal, or for which the owner refuses 94.2 to sign the appraisal or report of the members of the appraisal 94.3 board, except that in extraordinary circumstances and in 94.4 meritorious cases and at the discretion of the executive 94.5 secretarydirector of the board the time limit of 15 days may be 94.6 extended an additional 15 days if the owner receives permission 94.7 from the executive secretarydirector within 15 days of the date 94.8 of appraisal; 94.9 (13) livestock affected with tuberculosis, 94.10 paratuberculosis, or brucellosis unless the entire herd of which 94.11 the affected livestock is a part, or from which the affected 94.12 livestock has originated, is examined and tested under the 94.13 supervision of the board, in order to determine if they are free 94.14 from the disease; 94.15 (14) livestock affected with tuberculosis, 94.16 paratuberculosis, or brucellosis unless the owner has carried 94.17 out the instructions of the board relating to cleaning, 94.18 disinfection, and rendering the stables and premises in a 94.19 sanitary condition within 15 days of the time of removal of the 94.20 animals from the premises, except when, because of inclement 94.21 weather or other extenuating circumstances, the time is extended 94.22 by the executive secretarydirector of the board; 94.23 (15) livestock affected with tuberculosis, 94.24 paratuberculosis, or brucellosis, if the owner has fed milk or 94.25 milk products derived from creameries which was not pasteurized 94.26 as required by state laws; and 94.27 (16) animals owned by a nonresident if neither the owner 94.28 nor the owner's agent breed livestock in Minnesota. 94.29 If, at any time, the annual appropriation for payment of 94.30 indemnities becomes exhausted as a result of condemnation and 94.31 slaughter of animals, the board shall discontinue making further 94.32 official tests or authorizing tests unless an owner signs a 94.33 waiver on blanks furnished by the board of payment of indemnity 94.34 for any animals that may be condemned as the result of a test 94.35 and inspection which releases the state from any obligation to 94.36 pay indemnity from any future appropriation. 95.1 Sec. 74. Minnesota Statutes 1998, section 35.09, 95.2 subdivision 2a, is amended to read: 95.3 Subd. 2a. [NONREACTORS; CATTLE INELIGIBLE FOR TEST.] The 95.4 board may condemn and appraise nonreactors to the brucellosis 95.5 test and exposed cattle not eligible to be tested from herds 95.6 affected with brucellosis and may pay the owner the difference 95.7 between the appraisal value and the salvage value up to $300 for 95.8 grade animals or $600 for purebred registered animals if the 95.9 board through its executive secretarydirector has determined 95.10 according to criteria adopted by the board that herd 95.11 depopulation is essential to the goal of bovine brucellosis 95.12 eradication. Indemnity payable by the state must be reduced by 95.13 the amount paid by the United States Department of Agriculture. 95.14 No indemnity may be paid for steers. 95.15 Sec. 75. Minnesota Statutes 1998, section 35.67, is 95.16 amended to read: 95.17 35.67 [RABIES INVESTIGATION.] 95.18 If the executive secretarydirector of the board of animal 95.19 health, or a board of health as defined in section 145A.02, 95.20 subdivision 2, receives a written complaint that rabies exists 95.21 in a town or city in the board's jurisdiction, the board of 95.22 health shall investigate, either personally or through 95.23 subordinate officers, the truth of the complaint. A board of 95.24 health may also make an investigation and determination 95.25 independently, without having received a complaint. The fact 95.26 that a board of health has investigated and determined that 95.27 rabies does not exist in a jurisdiction does not deprive the 95.28 executive secretarydirector of the board of animal health of 95.29 jurisdiction or authority to make an investigation and 95.30 determination with reference to the territory. For the purposes 95.31 of sections 35.67 to 35.69, the jurisdiction of the 95.32 executive secretarydirector of the board of animal health is 95.33 the entire state. 95.34 Sec. 76. Minnesota Statutes 1998, section 35.68, is 95.35 amended to read: 95.36 35.68 [RABIES PROCLAMATION.] 96.1 If a board of health as defined in section 145A.02, 96.2 subdivision 2, investigates and finds that rabies does exist in 96.3 a town or city the board of health shall make and file a 96.4 proclamation of the investigation and determination which 96.5 prohibits the owner or custodian of any dog from allowing the 96.6 dog to be at large within the town or city unless the dog is 96.7 effectively muzzled so that it cannot bite any other animal or 96.8 person. 96.9 If the executive secretarydirector of the board of animal 96.10 health, after investigation, has determined that rabies exists 96.11 in any territory in the state, similar proclamations must be 96.12 issued in all towns and cities within the territory or area in 96.13 which it is necessary to control the outbreak and prevent the 96.14 spread of the disease. The proclamation must prohibit the owner 96.15 or custodian of any dog within the designated territory from 96.16 permitting or allowing the dog to be at large within the 96.17 territory unless the dog is effectively muzzled so that it 96.18 cannot bite any other animal or person. 96.19 All local peace officers and boards of health shall enforce 96.20 sections 35.67 to 35.69. 96.21 A proclamation issued by the board of health must be filed 96.22 with the clerk of the political subdivision responsible for the 96.23 board of health. One issued by the executive secretarydirector 96.24 of the board of animal health must be filed with the clerk of 96.25 each town and city within the territory it covers. 96.26 Each officer with whom the proclamation is filed shall 96.27 publish a copy of it in one issue of a legal newspaper published 96.28 in the clerk's town or city if one is published there. If no 96.29 newspaper is published there, the clerk must post a copy of the 96.30 proclamation in three public places. Publication is at the 96.31 expense of the municipality. 96.32 Proof of publication must be by affidavit of the publisher 96.33 and proof of posting must be by the person doing the posting. 96.34 The affidavit must be filed with the proclamation. The 96.35 proclamation is effective five days after the publication or 96.36 posting and remains effective for the period of time not 97.1 exceeding six months specified in it by the board of health 97.2 making the proclamation. 97.3 Sec. 77. Minnesota Statutes 1998, section 35.82, 97.4 subdivision 1b, is amended to read: 97.5 Subd. 1b. [CARCASSES FOR PET OR MINK FOOD.] (a) The board, 97.6 through its executive secretarydirector, may issue a permit to 97.7 the owner or operator of a pet food processing establishment, a 97.8 mink rancher, or a supplier of an establishment, located within 97.9 the boundaries of Minnesota, to transport the carcasses of 97.10 domestic animals that have died or have been killed, other than 97.11 by being slaughtered for human or animal consumption, over the 97.12 public highways to the establishment for pet food or mink food 97.13 purposes only. The owners and operators of pet food processing 97.14 establishments or their suppliers and mink ranch operators 97.15 located in any adjacent state with which a reciprocal agreement 97.16 is in effect under subdivision 3 are not required to possess a 97.17 permit issued under this subdivision. The permit is valid for 97.18 one year following the date of issue unless it is revoked. 97.19 (b) The owner or operator of a pet food processing plant or 97.20 mink ranch shall employ an official veterinarian. A 97.21 veterinarian named in the permit application who is accepted by 97.22 the board to act as the official veterinarian is authorized to 97.23 act as its representative. 97.24 (c) Carcasses collected by owners or operators under permit 97.25 may be used for pet food or mink food purposes if the official 97.26 veterinarian examines them and finds them suitable for pet food 97.27 or mink food purposes. 97.28 (d) Carcasses not passed by the official veterinarian for 97.29 pet food or mink food purposes must be disposed of by a 97.30 rendering plant operating under permit from the board. 97.31 (e) The board must require pet food processing 97.32 establishments, owners and operators of mink ranches, and 97.33 suppliers of these establishments to conform to rules of the 97.34 board applicable to rendering plants within the state. 97.35 Sec. 78. Minnesota Statutes 1998, section 35.82, 97.36 subdivision 2, is amended to read: 98.1 Subd. 2. [DISPOSITION OF CARCASSES.] (a) Except as 98.2 provided in subdivision 1b and paragraph (d), every person 98.3 owning or controlling any domestic animal that has died or been 98.4 killed otherwise than by being slaughtered for human or animal 98.5 consumption, shall as soon as reasonably possible bury the 98.6 carcass at a depth adequate to prevent scavenging by other 98.7 animals in the ground or thoroughly burn it or dispose of it by 98.8 another method approved by the board as being effective for the 98.9 protection of public health and the control of livestock 98.10 diseases. The board, through its executive secretarydirector, 98.11 may issue permits to owners of rendering plants located in 98.12 Minnesota which are operated and conducted as required by law, 98.13 to transport carcasses of domestic animals and fowl that have 98.14 died, or have been killed otherwise than by being slaughtered 98.15 for human or animal consumption, over the public highways to 98.16 their plants for rendering purposes in accordance with the rules 98.17 adopted by the board relative to transportation, rendering, and 98.18 other provisions the board considers necessary to prevent the 98.19 spread of disease. The board may issue permits to owners of 98.20 rendering plants located in an adjacent state with which a 98.21 reciprocal agreement is in effect under subdivision 3. 98.22 (b) Carcasses collected by rendering plants under permit 98.23 may be used for pet food or mink food if the owner or operator 98.24 meets the requirements of subdivision 1b. 98.25 (c) An authorized employee or agent of the board may enter 98.26 private or public property and inspect the carcass of any 98.27 domestic animal that has died or has been killed other than by 98.28 being slaughtered for human or animal consumption. Failure to 98.29 dispose of the carcass of any domestic animal within the period 98.30 specified by this subdivision is a public nuisance. The board 98.31 may petition the district court of the county in which a carcass 98.32 is located for a writ requiring the abatement of the public 98.33 nuisance. A civil action commenced under this paragraph does 98.34 not preclude a criminal prosecution under this section. No 98.35 person may sell, offer to sell, give away, or convey along a 98.36 public road or on land the person does not own, the carcass of a 99.1 domestic animal when the animal died or was killed other than by 99.2 being slaughtered for human or animal consumption unless it is 99.3 done with a special permit pursuant to this section. The 99.4 carcass or parts of a domestic animal that has died or has been 99.5 killed other than by being slaughtered for human or animal 99.6 consumption may be transported along a public road for a medical 99.7 or scientific purpose if the carcass is enclosed in a leakproof 99.8 container to prevent spillage or the dripping of liquid waste. 99.9 The board may adopt rules relative to the transportation of the 99.10 carcass of any domestic animal for a medical or scientific 99.11 purpose. A carcass on a public thoroughfare may be transported 99.12 for burial or other disposition in accordance with this section. 99.13 No person who owns or controls diseased animals shall 99.14 negligently or willfully permit them to escape from that control 99.15 or to run at large. 99.16 (d) A sheep producer may compost sheep carcasses owned by 99.17 the producer on the producer's land without a permit and is 99.18 exempt from compost facility specifications contained in rules 99.19 of the board. 99.20 (e) The board shall develop best management practices for 99.21 dead animal disposal and the pollution control agency feedlot 99.22 program shall distribute them to livestock producers in the 99.23 state. 99.24 Sec. 79. Minnesota Statutes 1998, section 35.82, 99.25 subdivision 3, is amended to read: 99.26 Subd. 3. [RECIPROCITY.] The executive secretarydirector 99.27 of the board may enter into a reciprocal agreement on behalf of 99.28 this state with an adjacent state which provides for permits to 99.29 be issued to rendering plants, pet food processing 99.30 establishments or suppliers of establishments, and mink ranch 99.31 operators located in either state to transport carcasses to 99.32 their plants, establishments, or ranches over the public 99.33 highways of this state and the reciprocating state. 99.34 This subdivision applies if the adjacent state has in 99.35 effect standards and requirements which are the equivalent of 99.36 the standards and requirements of this state as established by 100.1 the board. 100.2 Sec. 80. Minnesota Statutes 1998, section 35.92, 100.3 subdivision 5, is amended to read: 100.4 Subd. 5. [SUBPOENAS.] The board of animal health through 100.5 its executive secretarydirector may issue subpoenas to compel 100.6 the attendance of witnesses or submission of books, documents, 100.7 and records affecting the authority or privilege granted by a 100.8 license, registration, certification, or permit issued under 100.9 this chapter or by the board or issued by the commissioner of 100.10 agriculture if agreed to by the commissioner. 100.11 Sec. 81. Minnesota Statutes 1998, section 35.93, 100.12 subdivision 1, is amended to read: 100.13 Subdivision 1. [ADMINISTRATIVE REMEDIES.] The board of 100.14 animal health may seek to remedy violations by authorizing the 100.15 executive secretarydirector to issue a written warning, 100.16 administrative meeting, cease and desist, stop-sale, or other 100.17 special order, seizure, stipulation, or agreement, if the board 100.18 determines that the remedy is in the public interest. 100.19 Sec. 82. Minnesota Statutes 1998, section 41B.044, 100.20 subdivision 2, is amended to read: 100.21 Subd. 2. [ETHANOL DEVELOPMENT FUND.] There is established 100.22 in the state treasury an ethanol development fund. All 100.23 repayments of financial assistance granted under subdivision 1, 100.24 including principal and interest, must be deposited into this100.25 the general fund. Interest earned on money in the fund accrues100.26 to the fund, and money in the fund is appropriated to the100.27 commissioner of agriculture for purposes of the ethanol100.28 production facility loan program, including costs incurred by100.29 the authority to establish and administer the program.100.30 Sec. 83. Minnesota Statutes 1998, section 84.027, 100.31 subdivision 15, is amended to read: 100.32 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner 100.33 may receive an application for, sell, and issue any license, 100.34 stamp, permit, registration, or transfer under the jurisdiction 100.35 of the commissioner by electronic means, including by 100.36 telephone. Notwithstanding section 97A.472, electronic and 101.1 telephone transactions may be made outside of the state. The 101.2 commissioner may: 101.3 (1) provide for the electronic transfer of funds generated 101.4 by electronic transactions, including by telephone; 101.5 (2) assign a license identification number to an applicant 101.6 who purchases a hunting or fishing license by electronic means, 101.7 to serve as temporary authorization to engage in the licensed 101.8 activity until the license is received or expires; 101.9 (3) charge and permit agents to charge a fee of individuals 101.10 who make electronic transactions ,and transactions by telephone, 101.11 including a transactionthe issuing fee under section 97A.485, 101.12 subdivision 6, and a credit cardan additional transaction fee 101.13 not to exceed $3.50 for electronic transactions; 101.14 (4) select up to four volunteer counties, not more than two 101.15 in the metropolitan area, to participate in this pilot project 101.16 and the counties shall select the participating agents; and101.17 (5) upon completion of a pilot project, implement a 101.18 statewide system and select the participating agents; and 101.19 (6) adopt rules to administer the provisions of this 101.20 subdivision. 101.21 (b) A county shall not collect a commission for the sale of 101.22 licenses or permits made by agents selected by the participating 101.23 counties under this subdivision. 101.24 (c) Establishment of the transaction fee under paragraph 101.25 (a), clause (3), is not subject to the rulemaking procedures of 101.26 chapter 14. 101.27 (d) Money received from fees and commissions collected 101.28 under this subdivision, including interest earned, is annually 101.29 appropriated from the game and fish fund and the natural 101.30 resources fund to the commissioner for the cost of electronic 101.31 licensing. 101.32 Sec. 84. Minnesota Statutes 1998, section 84.0855, is 101.33 amended by adding a subdivision to read: 101.34 Subd. 1a. [SOFTWARE SALES.] Notwithstanding section 101.35 16B.405, the commissioner may sell or license intellectual 101.36 property and software products or services developed by the 102.1 department or custom developed by a vendor for the department. 102.2 Sec. 85. Minnesota Statutes 1998, section 84.0855, 102.3 subdivision 2, is amended to read: 102.4 Subd. 2. [RECEIPTS; APPROPRIATION.] Money received by the 102.5 commissioner under this section or to buy supplies for the use 102.6 of volunteers, may be credited to one or more special accounts 102.7 in the state treasury and is appropriated to the commissioner 102.8 for the purposes for which the money was received. Money 102.9 received from sales at the state fair shall be available for 102.10 state fair related costs. Money received from sales of 102.11 intellectual property and software products or services shall be 102.12 available for development, maintenance, and support of software 102.13 products and systems. 102.14 Sec. 86. Minnesota Statutes 1998, section 84.81, is 102.15 amended by adding a subdivision to read: 102.16 Subd. 13. [METAL TRACTION DEVICE.] "Metal traction device" 102.17 means any metal device or array of metal devices attached to a 102.18 snowmobile track to enhance traction that is: 102.19 (1) made of metal, except that metal cleats affixed 102.20 perpendicular to the direction of travel of a snowmobile track 102.21 which was manufactured in 1981 or earlier shall not be 102.22 considered a metal traction device; or 102.23 (2) affixed to a snowmobile track with metal components 102.24 that extend more than one-fourth inch from the bottom of the 102.25 track. 102.26 Sec. 87. Minnesota Statutes 1998, section 84.8205, is 102.27 amended by adding a subdivision to read: 102.28 Subd. 6. [DUPLICATE STATE TRAIL STICKERS.] The 102.29 commissioner shall issue a duplicate sticker to persons whose 102.30 sticker is lost or destroyed using the process established under 102.31 section 97A.405, subdivision 3, and rules promulgated 102.32 thereunder. The fee for a duplicate state trail sticker is $2, 102.33 with an issuing fee of 50 cents. 102.34 Sec. 88. Minnesota Statutes 1998, section 84.83, 102.35 subdivision 3, is amended to read: 102.36 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited 103.1 in the account and interest earned on that money may be expended 103.2 only as appropriated by law for the following purposes: 103.3 (1) for a grant-in-aid program to counties and 103.4 municipalities for construction and maintenance of snowmobile 103.5 trails, including maintenance of trails on lands and waters of 103.6 Voyageurs National Park; 103.7 (2) for acquisition, development, and maintenance of state 103.8 recreational snowmobile trails; 103.9 (3) for snowmobile safety programs; and 103.10 (4) for the administration and enforcement of sections 103.11 84.81 to 84.90. 103.12 Sec. 89. Minnesota Statutes 1998, section 84.83, 103.13 subdivision 4, is amended to read: 103.14 Subd. 4. [PROVISIONS APPLICABLE TO FUNDING RECIPIENTS.] (a) 103.15 Recipients of Minnesota trail assistance program funds must be 103.16 afforded the same protection and be held to the same standard of 103.17 liability as a political subdivision under chapter 466 for 103.18 activities associated with the administration, design, 103.19 construction, maintenance, and grooming of snowmobile trails. 103.20 (b) Recipients of Minnesota trail assistance program funds 103.21 who maintain ice trails on waters of Voyageurs National Park are 103.22 expressly immune from liability under section 466.03, 103.23 subdivision 6e. 103.24 Sec. 90. Minnesota Statutes 1998, section 84.86, 103.25 subdivision 1, is amended to read: 103.26 Subdivision 1. With a view of achieving maximum use of 103.27 snowmobiles consistent with protection of the environment the 103.28 commissioner of natural resources shall adopt rules in the 103.29 manner provided by chapter 14, for the following purposes: 103.30 (1) Registration of snowmobiles and display of registration 103.31 numbers. 103.32 (2) Use of snowmobiles insofar as game and fish resources 103.33 are affected. 103.34 (3) Use of snowmobiles on public lands and waters, or on 103.35 grant-in-aid trails, including, but not limited to, the use of 103.36 specified metal traction devices and nonmetal traction devices. 104.1 (4) Uniform signs to be used by the state, counties, and 104.2 cities, which are necessary or desirable to control, direct, or 104.3 regulate the operation and use of snowmobiles. 104.4 (5) Specifications relating to snowmobile mufflers. 104.5 (6) A comprehensive snowmobile information and safety 104.6 education and training program, including but not limited to the 104.7 preparation and dissemination of snowmobile information and 104.8 safety advice to the public, the training of snowmobile 104.9 operators, and the issuance of snowmobile safety certificates to 104.10 snowmobile operators who successfully complete the snowmobile 104.11 safety education and training course. For the purpose of 104.12 administering such program and to defray a portion of the104.13 expenses of training and certifying snowmobile operators, the 104.14 commissioner shall collect a fee of not to exceed $5from each 104.15 person who receives the youth and young adult training and a fee104.16 established under chapter 16A from each person who receivesor 104.17 the adult training. The commissioner shall establish a fee that 104.18 neither significantly over recovers nor under recovers costs, 104.19 including overhead costs, involved in providing the services. 104.20 The fee is not subject to the rulemaking provisions of chapter 104.21 14 and section 14.386 does not apply. The commissioner shall 104.22 deposit the fee in the snowmobile trails and enforcement account 104.23 and the amount thereof is appropriated annually to the 104.24 commissioner of natural resources for the administration of such 104.25 programs. The commissioner shall cooperate with private 104.26 organizations and associations, private and public corporations, 104.27 and local governmental units in furtherance of the program 104.28 established under this clause. The commissioner shall consult 104.29 with the commissioner of public safety in regard to training 104.30 program subject matter and performance testing that leads to the 104.31 certification of snowmobile operators. 104.32 (7) The operator of any snowmobile involved in an accident 104.33 resulting in injury requiring medical attention or 104.34 hospitalization to or death of any person or total damage to an 104.35 extent of $500 or more, shall forward a written report of the 104.36 accident to the commissioner on such form as the commissioner 105.1 shall prescribe. If the operator is killed or is unable to file 105.2 a report due to incapacitation, any peace officer investigating 105.3 the accident shall file the accident report within ten business 105.4 days. 105.5 Sec. 91. Minnesota Statutes 1998, section 84.862, 105.6 subdivision 1, is amended to read: 105.7 Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY TRAINING.] 105.8 Effective October 1, 1998, any resident born after December 31, 105.9 1979, who operates a snowmobile in Minnesota, must possess a 105.10 valid snowmobile safety certificate or a driver's license or 105.11 identification card with a valid snowmobile qualification 105.12 indicator issued under section 171.07, subdivision 12. The 105.13 certificate or qualification indicator may only be issued upon 105.14 successful completion of thea course authorized under section 105.15 84.86 or 84.862, subdivision 2, if the person is 16 years of age 105.16 or older. 105.17 Sec. 92. Minnesota Statutes 1998, section 84.862, 105.18 subdivision 2, is amended to read: 105.19 Subd. 2. [ADULT SAFETY TRAINING.] Effective October 1, 105.20 2002, any resident born after December 31, 1976, and before 105.21 December 31, 1983, who operates a snowmobile in Minnesota, must 105.22 possess a valid operator's permit or driver's license or 105.23 identification card with a valid snowmobile qualification 105.24 indicator issued under section 171.07, subdivision 12, showing 105.25 successful completion of a safety course designed for adults or 105.26 persons 16 years of age or older. Whenever possible, the course 105.27 shall include a riding component that stresses stopping 105.28 distances. 105.29 Sec. 93. Laws 1999, chapter 4, section 2, is amended to 105.30 read: 105.31 Sec. 2. [84.8712] [METAL TRACTION DEVICES; PROHIBITION ON 105.32 PAVED TRAILS.] 105.33 Subdivision 1. [PROHIBITION.] A person may not use a105.34 snowmobile with metal traction devices on any paved public105.35 trail, except:105.36 (1) as provided by a local government with jurisdiction106.1 over a trail;106.2 (2) to make the shortest possible crossing over a paved106.3 state trail at slow speed; or106.4 (3) on any portion of a paved state trail designated by the106.5 commissioner.A person may not use a snowmobile with metal 106.6 traction devices on a paved public trail, except as otherwise 106.7 provided by a local government with jurisdiction over a trail or 106.8 any portion of a paved state trail designated by the 106.9 commissioner. 106.10 Subd. 2. [CIVIL CITATION; AUTHORITY TO ISSUE.] 106.11 Conservation officers and other licensed peace officers may 106.12 issue civil citations to a person who operates a snowmobile in 106.13 violation of this section. The citation must impose a penalty 106.14 of no more than $50 for the first offense, no more than $300 for 106.15 the second offense, and no more than $600 for third and 106.16 subsequent offenses. 106.17 Subd. 3. [APPEALS.] Civil citations for offenses under 106.18 this section may be appealed under the procedures in section 106.19 116.072, subdivision 6, if the recipient of the citation 106.20 requests a hearing by notifying the commissioner in writing 106.21 within 15 days after receipt of the citation. For the purposes 106.22 of the enforcement of this section, the terms "commissioner" and 106.23 "agency" as used in section 116.072 mean the commissioner of 106.24 natural resources. If a hearing is not requested within the 106.25 15-day period, the citation becomes a final order not subject to 106.26 further review. 106.27 Subd. 4. [ENFORCEMENT.] Civil citations for offenses under 106.28 this section may be enforced under section 116.072, subdivision 106.29 9. If a person fails to pay a penalty owed under this section, 106.30 the person may not operate a snowmobile until the penalty is 106.31 paid. Penalty amounts must be remitted within 30 days of 106.32 issuance of the penalty citation. 106.33 Subd. 5. [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 106.34 collected from civil citations issued under this section are 106.35 deposited to the unit of government employing the officer that 106.36 issues the civil citation. The commissioner must deposit 107.1 penalty amounts received by the state in the snowmobile trails 107.2 and enforcement account established by section 84.83, 107.3 subdivision 1. The penalty amounts in the account must be 107.4 dedicated for the repair of paved public trails. 107.5 Subd. 6. [SELECTION OF REMEDY.] A person operating a 107.6 snowmobile in violation of this section is guilty of a petty 107.7 misdemeanor punishable by a fine of no more than $50 for the 107.8 first offense, no more than $300 for the second offense, and no 107.9 more than $600 for the third and subsequent offenses. A peace 107.10 officer may not seek both civil and petty misdemeanor penalties 107.11 for a violation of this section. 107.12 Sec. 94. [84.8713] [METAL TRACTION DEVICE STICKER.] 107.13 Subdivision 1. [STICKER REQUIRED; FEE.] (a) An owner of a 107.14 snowmobile registered in the state may not operate the 107.15 snowmobile with a track equipped with metal traction devices 107.16 unless a metal traction device sticker is affixed to the 107.17 snowmobile. The commissioner shall issue a metal traction 107.18 device sticker upon application and payment of a $12 fee. The 107.19 sticker is valid for one year following June 30 in the year it 107.20 is issued. 107.21 (b) The requirements in paragraph (a) do not apply to 107.22 snowmobiles owned, leased, or operated by the state or a 107.23 political subdivision, or to snowmobiles used in an organized 107.24 race, so long as they do not utilize a paved public trail, 107.25 except as otherwise provided in this chapter. 107.26 (c) Fees collected under this section shall be deposited in 107.27 the state treasury and credited to the snowmobile trails and 107.28 enforcement account in the natural resources fund. Money 107.29 deposited under this section is appropriated to the commissioner 107.30 of natural resources, and must be used for repair of paved 107.31 public trails, unless a trail is exempted by local authorities 107.32 under section 84.8712, except that any money not necessary for 107.33 this purpose may be used for the grant-in-aid snowmobile trail 107.34 system. 107.35 Subd. 2. [PLACEMENT OF STICKER.] The metal traction device 107.36 sticker must be permanently affixed to the forward half of the 108.1 snowmobile and clearly visible to law enforcement authorities. 108.2 Subd. 3. [LICENSE AGENTS.] The commissioner shall sell 108.3 metal traction device stickers for a $1 issuance fee through the 108.4 process established under section 84.82, subdivision 2. 108.5 Subd. 4. [DUPLICATE METAL TRACTION DEVICE STICKERS.] The 108.6 commissioner or an authorized deputy registrar of motor vehicles 108.7 shall issue a duplicate metal traction device sticker to a 108.8 person whose sticker is lost or destroyed. A duplicate sticker 108.9 may not be issued unless the applicant takes an oath covering 108.10 the facts of loss or destruction of the sticker and signs an 108.11 affidavit. The fee for a duplicate metal traction device 108.12 sticker is $2, with an issuing fee of 50 cents. 108.13 Subd. 5. [REPEALER.] This section is repealed on July 1, 108.14 2004. 108.15 Sec. 95. Minnesota Statutes 1998, section 84.872, 108.16 subdivision 1, is amended to read: 108.17 Subdivision 1. [RESTRICTIONS ON OPERATION.] (a) 108.18 Notwithstanding anything in section 84.87 to the contrary, no 108.19 person under 14 years of age shall make a direct crossing of a 108.20 trunk, county state-aid, or county highway as the operator of a 108.21 snowmobile, or operate a snowmobile upon a street or highway 108.22 within a municipality. 108.23 A person 14 years of age or older, but less than 18 years 108.24 of age, may make a direct crossing of a trunk, county state-aid, 108.25 or county highway only if the person has in immediate possession 108.26 a valid snowmobile safety certificate issued by the commissioner 108.27 or a valid motor vehicle operator'sdriver's license issued by108.28 the commissioner of public safety or the driver's license108.29 authority of another stateor identification card with a valid 108.30 snowmobile qualification indicator issued under section 171.07, 108.31 subdivision 12. 108.32 (b) Notwithstanding section 84.862, no person under the age 108.33 of 14 years shall operate a snowmobile on any public land, 108.34 public easements, or water or grant-in-aid trail unless 108.35 accompanied by one of the following listed persons on the same 108.36 or an accompanying snowmobile, or on a device towed by the same 109.1 or an accompanying snowmobile: the person's parent, legal 109.2 guardian, or other person 18 years of age or older designated by 109.3 the parent or guardian. However, a person 12 years of age or 109.4 older but under the age of 14 years may operate a snowmobile on 109.5 public lands, public easements, and waters or a grant-in-aid 109.6 trail if the person has in immediate possession a valid 109.7 snowmobile safety certificate issued by the commissioner or an 109.8 identification card with a valid snowmobile qualification 109.9 indicator issued under section 171.07, subdivision 12. 109.10 Sec. 96. Minnesota Statutes 1998, section 84.91, 109.11 subdivision 1, is amended to read: 109.12 Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other 109.13 person having charge or control of any snowmobile or all-terrain 109.14 vehicle shall authorize or permit any individual the person 109.15 knows or has reason to believe is under the influence of alcohol 109.16 or a controlled substance or other substance to operate the 109.17 snowmobile or all-terrain vehicle anywhere in this state or on 109.18 the ice of any boundary water of this state. 109.19 (b) No owner or other person having charge or control of 109.20 any snowmobile or all-terrain vehicle shall knowingly authorize 109.21 or permit any person, who by reason of any physical or mental 109.22 disability is incapable of operating the vehicle, to operate the 109.23 snowmobile or all-terrain vehicle anywhere in this state or on 109.24 the ice of any boundary water of this state. 109.25 (c) A person who operates or is in physical control of a 109.26 snowmobile or all-terrain vehicle anywhere in this state or on 109.27 the ice of any boundary water of this state is subject to 109.28 sections 169.121 to 169.1218 and 169.123 to 169.129. In 109.29 addition to the applicable sanctions under chapter 169, a person 109.30 who is convicted of violating section 169.121 while operating a 109.31 snowmobile or all-terrain vehicle, or who refuses to comply with 109.32 a lawful request to submit to testing under section 169.123, 109.33 shall be prohibited from operating the snowmobile or all-terrain 109.34 vehicle for a period of one year. The commissioner shall notify 109.35 the convicted person of the time period during which the person 109.36 is prohibited from operating a snowmobile or all-terrain vehicle. 110.1 (d) Administrative and judicial review of the operating 110.2 privileges prohibition is governed by section 97B.066, 110.3 subdivisions 7 to 9, if the person does not have a prior 110.4 impaired driving conviction or prior license revocation, as 110.5 defined in section 169.121, subdivision 3. Otherwise, 110.6 administrative and judicial review of the prohibition is 110.7 governed by section 169.123. 110.8 (e) The court shall promptly forward to the commissioner 110.9 and the department of public safety copies of all convictions 110.10 and criminal and civil sanctions imposed under this section and 110.11 chapter 169 relating to snowmobiles and all-terrain vehicles. 110.12 (f) A person who violates paragraph (a) or (b), or an 110.13 ordinance in conformity with either of them, is guilty of a 110.14 misdemeanor. A person who operates a snowmobile or all-terrain 110.15 vehicle during the time period the person is prohibited from 110.16 operating a vehicle under paragraph (c) is guilty of a 110.17 misdemeanor. 110.18 Sec. 97. Minnesota Statutes 1998, section 84.98, 110.19 subdivision 6, is amended to read: 110.20 Subd. 6. [FEES.] The commissioner may charge a fee for any 110.21 service performed by the Minnesota conservation corps. Fees 110.22 generated shall be deposited in a special revenue fund and 110.23 appropriated to the commissioner for Minnesota conservation 110.24 corps projects and administration. 110.25 Sec. 98. [ADDING LAND TO BLUE MOUNDS STATE PARK.] 110.26 [85.012] [Subd. 8.] The following area is added to Blue 110.27 Mounds state park: That part of the Northeast Quarter of the 110.28 Southwest Quarter and the Southeast Quarter of the Northwest 110.29 Quarter of Section 13, Township 103 North, Range 45 West, Rock 110.30 County, described as follows: Commencing at the southwest 110.31 corner of said Northeast Quarter of the Southwest Quarter; 110.32 thence on an assumed bearing of South 89 degrees 36 minutes 41 110.33 seconds East along the south line of said Northeast Quarter of 110.34 the Southwest Quarter 165.00 feet to the point of beginning; 110.35 thence North 00 degrees 17 minutes 27 seconds West parallel with 110.36 the west line of said section 1438.74 feet to an iron stake with 111.1 DNR caps; thence South 88 degrees 57 minutes 33 seconds East 111.2 along an existing fence line 42.15 feet; thence South 00 degrees 111.3 30 minutes 38 seconds West along an existing fence line 1438.16 111.4 feet to the south line of said Northeast Quarter of the 111.5 Southwest Quarter; thence North 89 degrees 36 minutes 41 seconds 111.6 West along said south line 22.02 feet to the point of beginning. 111.7 Sec. 99. [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA, 111.8 ST. LOUIS COUNTY.] 111.9 Subdivision 1. [85.013] [Subd. 12a.] [ADDITIONS TO IRON 111.10 RANGE OFF-HIGHWAY VEHICLE RECREATION AREA, ST. LOUIS 111.11 COUNTY.] The following areas are added to the Iron Range 111.12 off-highway vehicle recreation area, all in St. Louis county: 111.13 (1) Section 2, Township 58 North, Range 17 West, EXCEPT: 111.14 the East Half; the North Half of the Northwest Quarter; and the 111.15 Southeast Quarter of the Northwest Quarter; 111.16 (2) Section 3, Township 58 North, Range 17 West, EXCEPT: 111.17 the Southeast Quarter; the North Half of the Northeast Quarter; 111.18 the North Half of the Northwest Quarter; the Southwest Quarter 111.19 of the Northwest Quarter; and the Northwest Quarter of the 111.20 Southwest Quarter; 111.21 (3) Section 4, Township 58 North, Range 17 West, EXCEPT: 111.22 the West Half; the Northeast Quarter; the North Half of the 111.23 Southeast Quarter; and the Southwest Quarter of the Southeast 111.24 Quarter; 111.25 (4) Section 8, Township 58 North, Range 17 West, EXCEPT: 111.26 the West Half; the West Half of the Southeast Quarter; and the 111.27 West Half of the Northeast Quarter; 111.28 (5) Section 9, Township 58 North, Range 17 West; 111.29 (6) Section 11, Township 58 North, Range 17 West, EXCEPT: 111.30 the West Half of the Northwest Quarter; and the Northwest 111.31 Quarter of the Southwest Quarter; 111.32 (7) Section 14, Township 58 North, Range 17 West, EXCEPT: 111.33 the East Half; 111.34 (8) Section 15, Township 58 North, Range 17 West, lying 111.35 North of the DM&IR grade, EXCEPT: the Southwest Quarter; and 111.36 the South Half of the Northwest Quarter; 112.1 (9) Section 16, Township 58 North, Range 17 West, lying 112.2 North of county road 921, EXCEPT: the East Half of the 112.3 Southeast Quarter, lying North of the DM&IR grade; 112.4 (10) Section 22, Township 58 North, Range 17 West, lying 112.5 North of the DM&IR grade; and 112.6 (11) Section 23, Township 58 North, Range 17 West, a 100 112.7 foot corridor of the Mesabi Trail as located between the west 112.8 line of said Section 23 and Minnesota trunk highway No. 135. 112.9 Subd. 2. [ADVISORY COMMITTEE; ADDING MEMBERS.] The 112.10 advisory committee created under Laws 1996, chapter 407, section 112.11 32, subdivision 4, shall continue to provide direction on the 112.12 planning, development, and operation of the Iron Range 112.13 off-highway vehicle recreation area, including the land added 112.14 under subdivision 1. The following members are added to the 112.15 advisory committee: 112.16 (1) a representative of the city council of Gilbert; and 112.17 (2) a representative of the city council of Virginia. 112.18 Subd. 3. [MINING.] The commissioner shall recognize the 112.19 possibility that mining, including, but not limited, to taconite 112.20 and iron ore, may be conducted in the future within the Iron 112.21 Range off-highway vehicle area and that use of portions of the 112.22 surface estate and control of the flowage of water may be 112.23 necessary for future mining operations. 112.24 Subd. 4. [MANAGEMENT PLAN.] The commissioner of natural 112.25 resources and the local area advisory committee shall 112.26 cooperatively develop a separate comprehensive management plan 112.27 for the land added to the Iron Range off-highway vehicle 112.28 recreation area under subdivision 1. The management plan shall 112.29 provide for: 112.30 (1) multiple use recreation for off-highway vehicles; 112.31 (2) protection of natural resources; 112.32 (3) limited timber management; 112.33 (4) mineral exploration and mining management; 112.34 (5) land acquisition needs; 112.35 (6) road and facility development; and 112.36 (7) trail and road connections between the land added under 113.1 subdivision 1 and the land added by Laws 1996, chapter 407, 113.2 section 32, subdivision 6. 113.3 The completed management plan, together with the management 113.4 plan completed under Laws 1996, chapter 407, section 32, 113.5 subdivision 5, shall serve as the master plan for the Iron Range 113.6 off-highway vehicle recreation area under Minnesota Statutes, 113.7 section 86A.09. 113.8 Subd. 5. [APPLICABILITY OF OTHER LAW.] Except as otherwise 113.9 provided by this section, the provisions of Laws 1996, chapter 113.10 407, section 32, apply to the land added to the Iron Range 113.11 off-highway vehicle recreation area under subdivision 1. 113.12 Sec. 100. Minnesota Statutes 1998, section 85.015, 113.13 subdivision 4, is amended to read: 113.14 Subd. 4. [DOUGLAS TRAIL, OLMSTED, WABASHA, AND GOODHUE 113.15 COUNTIES.] (a) The trail shall originate at Rochester in Olmsted 113.16 county and shall follow the route of the Chicago Great Western 113.17 Railroad to Pine Island in Goodhue county and there terminate. 113.18 (b) Additional trails may be established that extend the 113.19 Douglas trail system to include Pine Island, Mazeppa in Wabasha 113.20 county to Zumbrota, Bellechester, Goodhue, and Red Wing in 113.21 Goodhue county. In addition to the criteria in section 86A.05, 113.22 subdivision 4, these trails must utilize abandoned railroad 113.23 rights-of-way where possible. 113.24 (c) The trail shall be developed primarily for riding and 113.25 hiking. 113.26 (d) Under no circumstances shall the commissioner acquire 113.27 any of the right-of-way of the Chicago Great Western Railroad 113.28 until the abandonment of the line of railway described in this 113.29 subdivision has been approved by the Interstate Commerce 113.30 Commission. 113.31 Sec. 101. Minnesota Statutes 1998, section 85.015, is 113.32 amended by adding a subdivision to read: 113.33 Subd. 21. [GITCHI-GAMI TRAIL, LAKE AND COOK COUNTIES.] (a) 113.34 The trail shall originate in the city of Two Harbors and shall 113.35 extend in a northeasterly direction along the shore of Lake 113.36 Superior, running parallel to state highway 61 to the city of 114.1 Grand Marais. 114.2 (b) The trail shall be developed primarily for hiking and 114.3 bicycling. 114.4 Sec. 102. Minnesota Statutes 1998, section 85.019, 114.5 subdivision 2, is amended to read: 114.6 Subd. 2. [PARKS AND OUTDOOR RECREATION AREAS.] The 114.7 commissioner shall administer a program to provide grants to 114.8 units of government for up to 50 percent of the costs or114.9 $50,000, whichever is less,of acquisition and betterment of 114.10 public land and improvements needed for parks and other outdoor 114.11 recreation areas and facilities. 114.12 Sec. 103. Minnesota Statutes 1998, section 85.019, is 114.13 amended by adding a subdivision to read: 114.14 Subd. 4b. [REGIONAL TRAILS.] The commissioner shall 114.15 administer a program to provide grants to units of government 114.16 for up to 50 percent of the costs of acquisition and betterment 114.17 of public land and improvements needed for trails deemed to be 114.18 of regional significance according to criteria published by the 114.19 commissioner. If land used for the trails is not in full public 114.20 ownership, then the recipients must prove it is dedicated to the 114.21 purposes of the grants for at least 20 years. 114.22 Sec. 104. Minnesota Statutes 1998, section 85.019, is 114.23 amended by adding a subdivision to read: 114.24 Subd. 4c. [LOCAL TRAIL CONNECTIONS.] The commissioner 114.25 shall administer a program to provide grants to units of 114.26 government for up to 50 percent of the costs of acquisition and 114.27 betterment of public land and improvements needed for trails 114.28 that connect communities, trails, and parks and thereby increase 114.29 the effective length of trail experiences. If land used for the 114.30 trails is not in full public ownership, then the recipients must 114.31 prove it is dedicated to the purposes of the grants for at least 114.32 20 years. 114.33 Sec. 105. Minnesota Statutes 1998, section 85.40, 114.34 subdivision 5, is amended to read: 114.35 Subd. 5. [CROSS-COUNTRY SKI TRAIL.] "Cross-country ski 114.36 trail" means a public pathway designated and promoted for cross 115.1 country skiing , excluding trails that have not received state115.2 acquisition or betterment funds for recreational purposesin 115.3 state parks as defined in section 85.012, on state forest lands 115.4 as defined in section 89.001, on state trails as defined in 115.5 section 85.015, on elements of the regional recreation open 115.6 space system as defined in section 473.147, or on trails within 115.7 the cross-country ski grant-in-aid program as defined in section 115.8 85.44. 115.9 Sec. 106. Minnesota Statutes 1998, section 85.41, 115.10 subdivision 1, is amended to read: 115.11 Subdivision 1. [ON PERSON.] While skiing on cross-country 115.12 ski trails, a person between the ages of 16 and 64 yearsage 16 115.13 and over shall carry in immediate possession a valid, signed 115.14 cross-country ski pass. A landowner who grants an easement for 115.15 a grant-in-aid ski trail is not required to have a pass when 115.16 skiing on the landowner's property. 115.17 Sec. 107. Minnesota Statutes 1998, section 85.41, 115.18 subdivision 4, is amended to read: 115.19 Subd. 4. [FORM.] The department shall provide forms and 115.20 blanks to all agents authorized to issue passes by the 115.21 commissioner. The pass shall be with the skier and available 115.22 for inspection by any peace or conservation officer. The pass 115.23 shall include the applicant's namesignature and other 115.24 information deemed necessary by the commissioner. 115.25 Sec. 108. Minnesota Statutes 1998, section 85.41, 115.26 subdivision 5, is amended to read: 115.27 Subd. 5. [ AGENT'SISSUING FEE.] The fee for a 115.28 cross-country ski pass shall be increased by the amount of an 115.29 issuing fee of 50 cents$1 per pass. The issuing fee mayshall 115.30 be retained by the seller of the pass. A pass shall indicate 115.31 the amount of the fee that is retained by the seller. This115.32 subdivision does not apply to any pass sold by the state.115.33 Sec. 109. Minnesota Statutes 1998, section 85.42, is 115.34 amended to read: 115.35 85.42 [USER FEE; VALIDITY.] 115.36 (a) The fee for an annual cross-country ski pass is $5 for116.1 an individual pass or $7.50 for a combination husband and wife116.2 pass$9 for an individual age 16 and over. The fee for a 116.3 three-year pass is $14 for an individual pass or $21 for a116.4 combination husband and wife pass$24 for an individual age 16 116.5 and over. This fee shall be collected at the time the pass is 116.6 purchased. Three-year passes are valid for three years 116.7 beginning the previous July 1. Annual passes are valid for one 116.8 year beginning the previous July 1. Passes are not transferable.116.9 (b) The cost for a daily cross-country skier pass is $1$2 116.10 for an individual age 16 and over. This fee shall be collected 116.11 at the time the pass is purchased. The daily pass is valid only 116.12 for the date designated on the pass form. 116.13 (c) A pass must be signed by the skier across the front of 116.14 the pass to be valid and becomes nontransferable on signing. 116.15 Sec. 110. Minnesota Statutes 1998, section 85.44, is 116.16 amended to read: 116.17 85.44 [CROSS-COUNTRY SKI TRAIL GRANT-IN-AID PROGRAM.] 116.18 The commissioner shall establish a grant-in-aid program for 116.19 local units of government and special park districts for the 116.20 acquisition, development, and maintenance of cross-country ski 116.21 trails. Grants shall be available for acquisition of trail 116.22 easements but may not be used to acquire any lands in fee 116.23 title. Local units of government and special park districts 116.24 applying for and receiving grants under this section shall be 116.25 considered to have cross-country ski trails for one year 116.26 following the expiration of their last grant. The department 116.27 shall reimburse all public sponsors of grants-in-aid 116.28 cross-country ski trails based upon criteria established by the 116.29 department. Prior to the use of any reimbursement criteria, a 116.30 certain proportion of the revenues shall be allocated on the 116.31 basis of user fee sales location. 116.32 Sec. 111. Minnesota Statutes 1998, section 85.45, 116.33 subdivision 1, is amended to read: 116.34 Subdivision 1. [SKIING WITHOUT PASS.] No person may ski on 116.35 a publiccross-country ski trail , including a grant-in-aid116.36 cross-country ski trail,without a valid, signed cross-country 117.1 ski pass. Effective July 1, 1984,Any person who violates this 117.2 subdivision is guilty of a petty misdemeanor. 117.3 Sec. 112. Minnesota Statutes 1998, section 86B.415, is 117.4 amended to read: 117.5 86B.415 [LICENSE FEES.] 117.6 Subdivision 1. [WATERCRAFT 19 FEET OR LESS.] The fee for a 117.7 watercraft license for watercraft 19 feet or less in length is 117.8 $12$18 except: 117.9 (1) for watercraft, other than personal watercraft, 19 feet 117.10 in length or less that is offered for rent or lease, the fee is 117.11 $6; 117.12 (2) for a canoe, kayak, sailboat, sailboard, paddle boat, 117.13 or rowing shell 19 feet in length or less, the fee is $7; 117.14 (3) for a watercraft 19 feet in length or less used by a 117.15 nonprofit corporation for teaching boat and water safety, the 117.16 fee is as provided in subdivision 4; and117.17 (4) for a watercraft owned by a dealer under a dealer's 117.18 license, the fee is as provided in subdivision 5; 117.19 (5) for a personal watercraft, the fee is $25; and 117.20 (6) for a watercraft less than 17 feet in length, other 117.21 than a watercraft listed in clauses (1) to (5), the fee is $12. 117.22 Subd. 2. [WATERCRAFT OVER 19 FEET.] Except as provided in 117.23 subdivisions 3, 4, and 5, the watercraft license fee: 117.24 (1) for a watercraft more than 19 feet but less than 26 117.25 feet in length is $20$30; 117.26 (2) for a watercraft 26 feet but less than 40 feet in 117.27 length is $30$45; and 117.28 (3) for a watercraft 40 feet in length or longer is $40$60. 117.29 Subd. 3. [WATERCRAFT OVER 19 FEET FOR HIRE.] The license 117.30 fee for a watercraft more than 19 feet in length for hire with 117.31 an operator is $50 each. 117.32 Subd. 4. [WATERCRAFT USED BY NONPROFIT CORPORATION FOR 117.33 TEACHING.] The watercraft license fee for a watercraft used by a 117.34 nonprofit organization for teaching boat and water safety is $3 117.35 each. 117.36 Subd. 5. [DEALER'S LICENSE.] There is no separate fee for 118.1 watercraft owned by a dealer under a dealer's license. The fee 118.2 for a dealer's license is $30$45. 118.3 Subd. 6. [TRANSFER OR DUPLICATE LICENSE.] The fee to 118.4 transfer a watercraft license or be issued a duplicate license 118.5 is $3. 118.6 Subd. 7. [WATERCRAFT SURCHARGE.] A $5 surcharge is placed 118.7 on each watercraft licensed under subdivisions 1 to 5 for 118.8 control, public awareness, law enforcement, monitoring, and 118.9 research of nuisance aquatic exotic species such as zebra 118.10 mussel, purple loosestrife, and Eurasian water milfoil in public 118.11 waters and public wetlands. 118.12 Subd. 7a. [PERSONAL WATERCRAFT SURCHARGE.] A $50 surcharge 118.13 is placed on each personal watercraft licensed under 118.14 subdivisions 1 to 5 for enforcement of personal watercraft laws 118.15 and for personal watercraft safety education. The surcharge 118.16 must be deposited in the state treasury and credited to the 118.17 water recreation account in the natural resources fund. Any 118.18 grants to counties from revenue collected under this subdivision 118.19 must be proportional to the use of personal watercraft in each 118.20 county. Grants made under this subdivision are subject to the 118.21 applicable administrative, reporting, and auditing requirements 118.22 in sections 86B.701 and 86B.705. 118.23 Subd. 8. [REGISTRAR'S FEE.] In addition to the license 118.24 fee, a fee of $2 shall be charged for a watercraft license: 118.25 (1) issued through the registrar or a deputy registrar of 118.26 motor vehicles and the additional fee shall be disposed of in 118.27 the manner provided in section 168.33, subdivision 2; or 118.28 (2) issued through the commissioner and the additional fee 118.29 shall be deposited in the state treasury and credited to the 118.30 water recreation account. 118.31 Subd. 9. [DISPOSITION OF RECEIPTS.] Money received for 118.32 watercraft licenses shall be deposited in the state treasury and 118.33 credited to the water recreation account. 118.34 Subd. 10. [ACCOUNTING.] The commissioner of natural 118.35 resources, in agreement with the commissioner of public safety, 118.36 may prescribe the accounting and procedural requirements 119.1 necessary to assure efficient handling of watercraft 119.2 registrations and license fees by deputy registrars. Deputy 119.3 registrars shall strictly comply with these accounting and 119.4 procedural requirements. 119.5 Sec. 113. Minnesota Statutes 1998, section 88.067, is 119.6 amended to read: 119.7 88.067 [ TRAINING OFGRANTS TO LOCAL FIRE DEPARTMENTS.] 119.8 The commissioner may make grants for procurement of fire 119.9 suppression equipment and training of fire departments in 119.10 techniques of fire control that. These grants will enable them119.11 local fire departments to assist the state more effectively in 119.12 controlling wildfires. The commissioner may require a local 119.13 match for any grant. Fire suppression equipment may include, 119.14 but is not limited to, fire suppression tools and equipment, 119.15 protective clothing, dry hydrants, communications equipment, and 119.16 conversion of vehicles to wildfire suppression vehicles. 119.17 Training shall be provided to the extent practicable in 119.18 coordination with other public agencies with training and 119.19 educational responsibilities. 119.20 Sec. 114. Minnesota Statutes 1998, section 89A.01, is 119.21 amended by adding a subdivision to read: 119.22 Subd. 10a. [PEER REVIEW.] "Peer review" means a 119.23 scientifically based review conducted by individuals with 119.24 substantial knowledge and experience in the subject matter. 119.25 Sec. 115. Minnesota Statutes 1998, section 89A.02, is 119.26 amended to read: 119.27 89A.02 [POLICY.] 119.28 It is the policy of the state to: 119.29 (1) pursue the sustainable management, use, and protection 119.30 of the state's forest resources to achieve the state's economic, 119.31 environmental, and social goals; 119.32 (2) encourage cooperation and collaboration between public 119.33 and private sectors in the management of the state's forest 119.34 resources; 119.35 (3) recognize and consider forest resource issues, 119.36 concerns, and impacts at the site and landscape levels; and 120.1 (4) recognize the broad array of perspectives regarding the 120.2 management, use, and protection of the state's forest resources, 120.3 and establish processes and mechanisms that seek and incorporate 120.4 these perspectives in the planning and management of the state's 120.5 forest resources. 120.6 Nothing in this chapter abolishes, repeals, or negates any 120.7 existing authorities , policies, programs, or activities of the120.8 commissioner or other statutory authoritiesrelated to managing 120.9 and protecting the state's forest resources. 120.10 Sec. 116. Minnesota Statutes 1998, section 89A.03, is 120.11 amended to read: 120.12 89A.03 [MINNESOTA FOREST RESOURCES COUNCIL.] 120.13 Subdivision 1. [MEMBERSHIP.] The Minnesota forest120.14 resources council has 13 members appointed by the governor and120.15 one member appointed by the Indian affairs council.The 120.16 governor must appoint a chair and 15 other members to the 120.17 Minnesota forest resources council. The Indian affairs council 120.18 will appoint one additional member. When making appointments to 120.19 the council, the governor must appoint knowledgeable individuals 120.20 with an understanding of state forest resource issues who fairly 120.21 reflect a balance of the various interests in the sustainable 120.22 management, use, and protection of the state's forest resources 120.23 in order to achieve the purpose and policies specified in 120.24 section 89A.02, and subdivision 2 of this section. The council 120.25 membership appointed by the governor must include the following 120.26 individuals: 120.27 (1) a representativetwo representatives from an120.28 organizationorganizations representing environmental interests 120.29 within the state; 120.30 (2) a representative from an organization representing the 120.31 interests of management of game species; 120.32 (3) a representative from a conservation organization; 120.33 (4) a representative from an association representing 120.34 forest products industry within the state; 120.35 (5) a commercial logging contractor active in a forest 120.36 product association; 121.1 (6) a representative from a statewide association 121.2 representing the resort and tourism industry; 121.3 (7) a faculty or researcher of a Minnesota research or 121.4 higher educational institution; 121.5 (8) an owner of nonindustrial, private forest land of 40 121.6 acres or more; 121.7 (9) an agricultural woodlot ownerowner of nonindustrial, 121.8 private forest land; 121.9 (10) a representative from the department; 121.10 (11) a county land commissioner who is a member of the 121.11 Minnesota association of county land commissioners; 121.12 (12) a representative from the United States Forest Service 121.13 unit with land management responsibility in Minnesota; and121.14 (13) a representative from a labor organization with 121.15 membership having an interest in forest resource issues; 121.16 (14) an individual representing a secondary wood products 121.17 manufacturing organization; and 121.18 (15) a chair. 121.19 Subd. 2. [PURPOSE.] The council shallmust develop 121.20 recommendations to the governor and to federal, state, county, 121.21 and local governments with respect to forest resource policies 121.22 and practices that result in the sustainable management, use, 121.23 and protection of the state's forest resources. The policies 121.24 and practices must: 121.25 (1) acknowledge the interactions of complex sustainable 121.26 forest resources, multiple ownership patterns, and local to 121.27 international economic forces; 121.28 (2) give equal consideration to the long-term economic, 121.29 ecological, and social needs and limits of the state's forest 121.30 resources; 121.31 (3) foster the productivity of the state's forests to 121.32 provide a diversity of sustainable benefits at site-levels and 121.33 landscape-levels; 121.34 (4) enhance the ability of the state's forest resources to 121.35 provide future benefits and services; 121.36 (5) foster no net loss of forest land in Minnesota: 122.1 (6) encourage appropriate mixes of forest cover types and 122.2 age classes within landscapes to promote biological diversity 122.3 and viable forest-dependent fish and wildlife habitats; 122.4 (7) encourage collaboration and coordination with multiple 122.5 constituencies in planning and managing the state's forest 122.6 resources; and 122.7 (8) address the environmental impacts and theirimplement 122.8 mitigations as recommended in the generic environmental impact 122.9 statement on timber harvesting. 122.10 Subd. 3. [COUNCIL MEETINGS.] The council shall establish122.11 procedures for conducting its meetings in accordance with122.12 section 471.705 that include provisions for seeking and122.13 incorporating public input.At a minimum, meetings of the 122.14 council and all of the committees, task forces, technical teams, 122.15 regional committees, and other groups the council may establish 122.16 must be conducted in accordance with section 471.705. Except 122.17 where prohibited by law, the council must establish additional 122.18 processes to broaden public involvement in all aspects of its 122.19 deliberations. 122.20 Subd. 4. [COUNCIL OFFICERS ANDSTAFF.] The council shall122.21 elect a chair from among its members.The council mayshall 122.22 employ an executive director and administrative assistantwho 122.23 shall have the authority to employ staff. Technical expertise 122.24 that will enable the council to carry out its functions must be 122.25 provided to the council by those interests represented on the 122.26 council. 122.27 Subd. 5. [MEMBERSHIP REGULATION.] Terms, compensation, 122.28 nomination, appointment, and removal of council members are 122.29 governed by section 15.059. Section 15.059, subdivision 5, does 122.30 not govern the expiration date of the council. 122.31 Subd. 6. [REPORT.] By January 1, 1997, the council shall122.32 prepare a report to the governor and legislature on the status122.33 of the state's forest resources, and strategic directions to122.34 provide for their management, use, and protection. Information122.35 generated by the reporting requirements in this chapter must be122.36 incorporated in the council's report. To the extent possible,123.1 the council's report must also identify the activities and123.2 accomplishments of various programs that directly affect the123.3 state's forest resources.The council must report to the 123.4 governor and to the legislative committees and divisions with 123.5 jurisdiction over environment and natural resource policy and 123.6 finance by February 1 of each year. The report must describe 123.7 the progress and accomplishments made by the council during the 123.8 preceding year. 123.9 Subd. 7. [REVIEW OF FOREST RESOURCES PLAN AND ASSESSMENT.]123.10 The council shall undertake a review of the forest resource123.11 management plan and forest assessment requirements contained in123.12 section 89.011, and report to the commissioner no later than123.13 July 1, 1996, on the appropriateness and effectiveness of these123.14 requirements, including recommendations for enhancing existing123.15 forest resource planning processes. The council shall review123.16 draft statewide and district forest resource planning documents,123.17 and incorporate the findings, including any recommendation, of123.18 such reviews in its biennial report specified in subdivision 6.123.19 Sec. 117. Minnesota Statutes 1998, section 89A.04, is 123.20 amended to read: 123.21 89A.04 [PARTNERSHIP.] 123.22 It is the policy of the state to encourage forest 123.23 landowners, forest managers, and loggers to establish a 123.24 partnership in which the implementation of council 123.25 recommendations can occur in a timely and coordinated manner 123.26 across ownerships. The partnership shall serve as a forum for 123.27 discussing operational implementation issues and problem solving 123.28 related to forest resources management and planning concerns, 123.29 and be responsive to the recommendations of the council. This 123.30 partnership shall also actively foster collaboration and 123.31 coordination among forest managers and landowners in addressing 123.32 landscape-level operations and concerns. In fulfilling its 123.33 responsibilities as identified in this chapter, the council123.34 shall seek input from and consult withthe partnership may 123.35 advise the council. Nothing in this section shall imply extra 123.36 rights or influence for the partnership. 124.1 Sec. 118. Minnesota Statutes 1998, section 89A.05, is 124.2 amended to read: 124.3 89A.05 [TIMBER HARVESTING AND FOREST MANAGEMENT 124.4 GUIDELINES.] 124.5 Subdivision 1. [DEVELOPMENT.] The council shall coordinate 124.6 the development of comprehensive timber harvesting and forest 124.7 management guidelines. The guidelines must address the water, 124.8 air, soil, biotic, recreational, and aesthetic resources found 124.9 in forest ecosystems by focusing on those impacts commonly 124.10 associated with applying site-level forestry practices. The 124.11 guidelines must reflect a range of practical and sound practices 124.12 based on the best available scientific information, and be 124.13 integrated to minimize conflicting recommendations while being 124.14 easy to understand and implement. Best management practices124.15 previously developed for forest management must be incorporated124.16 into the guidelines.By June 30, 2003, the council 124.17 shall periodicallyreview and, whenif deemed necessary, update 124.18 the guidelines. Changes to the guidelines shall be peer 124.19 reviewed prior to final adoption by the council. By December 124.20 1999, the council must undertake a peer review of the 124.21 recommendations in the forest management guidelines adopted in 124.22 December 1998 for protecting forest riparian areas and seasonal 124.23 ponds. 124.24 Subd. 2. [ECONOMIC CONSIDERATIONS.] Before the 124.25 implementation of timber harvesting and forest management 124.26 guidelines, new site-level practices and landscape-level 124.27 programs, the council shall analyze the costs and benefits of 124.28 new site-level practices and landscape-level programs. When the 124.29 analysis concludes that new landscape-level programs and 124.30 site-level practices will result in adverse economic effects, 124.31 including decreased timber supply and negative effects on 124.32 tourism, opportunities to offset those effects must be 124.33 explored. The council shall also: 124.34 (1) identify and quantify forest and timberland acreages 124.35 that will no longer be available for harvest; and 124.36 (2) encourage public resource agencies to provide 125.1 sustainable, predictable supplies of high-quality forest 125.2 resource benefits, including timber supplies that are consistent 125.3 with their multiple mandates and diverse management objectives. 125.4 These benefits should be provided by public resource agencies in 125.5 proportion to their forest land's capability to do so. 125.6 Subd. 2a. [REVIEW.] In reviewing the guidelines, the 125.7 council must consider information from forest resources, 125.8 practices, compliance, and effectiveness monitoring programs of 125.9 the department. The council's recommendations relating to 125.10 revisions to the forest management guidelines must be subject to 125.11 peer reviewers appointed by the council. The council must 125.12 consider recommendations of peer reviewers prior to final 125.13 adoption of revisions to the guidelines. 125.14 Subd. 3. [APPLICATION.] The timber harvesting and forest 125.15 management guidelines are voluntary. Prior to their actual use, 125.16 the council shallmust develop guideline implementation goals 125.17 for each major forest land ownership category. If the 125.18 information developed as a result of theforest resources, 125.19 practices, compliance, and effectiveness monitoring programs 125.20 established in section 89A.07conducted by the department or 125.21 other information obtained by the council indicates the 125.22 implementation goals for the guidelines are not being met and 125.23 the council determines significant adverse impacts are 125.24 occurring, the council shall recommend to the governor 125.25 additional measures to address those impacts. The council shall125.26 must incorporate the recommendations as part of the council's 125.27 biennial report required by section 89A.03, subdivision 6. 125.28 Subd. 4. [MONITORING RIPARIAN FORESTS.] The commissioner, 125.29 with program advice from the council, shall accelerate 125.30 monitoring the extent and condition of riparian forests, the 125.31 extent to which harvesting occurs within riparian management 125.32 zones and seasonal ponds, and the use and effectiveness of 125.33 timber harvesting and forest management guidelines applied in 125.34 riparian management zones and seasonal ponds. This information 125.35 shall, to the extent possible, be consistent with the monitoring 125.36 programs identified in section 89A.07. Information gathered on 126.1 riparian forests and timber harvesting in riparian management 126.2 zones and seasonal ponds as specified in this subdivision shall 126.3 be presented to the legislature by February 2001 and in 126.4 subsequent reports required in section 89A.03, subdivision 6. 126.5 Sec. 119. Minnesota Statutes 1998, section 89A.06, is 126.6 amended to read: 126.7 89A.06 [LANDSCAPE-LEVEL FOREST RESOURCE PLANNING AND 126.8 COORDINATION.] 126.9 Subdivision 1. [FRAMEWORK.] The council shallmust 126.10 establish a framework that will enable long-range strategic 126.11 planning and landscape coordination to occur, to the extent 126.12 possible, across all forested regions of the state and across 126.13 all ownerships. The framework must include: 126.14 (1) identification of the landscapes within which 126.15 long-range strategic planning of forest resources can occur, 126.16 provided that the landscapes must be delineated based on broadly 126.17 defined ecological units and existing classification systems, 126.18 yet recognize existing political and administrative boundaries 126.19 and planning processes; 126.20 (2) a statement of principles and goals for landscape-based 126.21 forest resource planning; and 126.22 (3) identification of a general process by which 126.23 landscape-based forest resource planning can occuroccurs, 126.24 provided that the process must give considerable latitude to 126.25 design planning processes that fit the unique needs and 126.26 resources of each landscape; reflect a balanced consideration of 126.27 the economic, social, and environmental conditions and needs of 126.28 each landscape; and interface and establish formats that are 126.29 compatible with other landscape-based forest resource plans. 126.30 Subd. 2. [REGIONAL FOREST RESOURCE COMMITTEES.] To foster 126.31 landscape-based forest resource planning, the council shallmust 126.32 establish regional forest resource committees. TheEach 126.33 regional committees mustcommittee shall: 126.34 (1) include representative interests in a particular region 126.35 that are committed to and involved in landscape planning and 126.36 coordination activities; 127.1 (2) serve as a forum for landowners, managers, and 127.2 representative interests to discuss landscape forest resource 127.3 issues; 127.4 (3) identify and implement an open and public process 127.5 whereby landscape-based strategic planning of forest resources 127.6 can occur; 127.7 (4) integrate its report with existing public and private 127.8 landscape planning efforts in the region; 127.9 (5) facilitate landscape coordination between existing 127.10 regional landscape planning efforts of land managers, both 127.11 public and private; 127.12 (6) identify and facilitate opportunities for public 127.13 participation in existing landscape planning efforts in this 127.14 region; 127.15 (7) identify sustainable forest resource goals for the 127.16 landscape and strategies to achieve those goals; and 127.17 (5)(8) provide a regional perspective to the council with 127.18 respect to council activities. 127.19 Subd. 2a. [REGIONAL FOREST COMMITTEE REPORTING.] The 127.20 council must report annually on the activities and progress made 127.21 by the regional forest committees established under subdivision 127.22 2, including the following: 127.23 (1) by December 1, 1999, the regional committee for the 127.24 council's northeast landscape will complete the identification 127.25 of draft desired future outcomes, key issues, and strategies for 127.26 the landscape; 127.27 (2) by July 1, 2000, the council will complete assessments 127.28 for the council's north central and southeast landscape regions; 127.29 (3) by July 1, 2001, the regional committees for the north 127.30 central and southeast landscapes will complete draft desired 127.31 future outcomes, key issues, and strategies for their respective 127.32 landscapes; and 127.33 (4) the council will establish time lines for additional 127.34 regional landscape committees and activities as staffing and 127.35 funding allow. 127.36 Subd. 3. [REGIONAL COMMITTEE OFFICERS AND STAFF.] Each128.1 regional committee shall elect a chair from among its128.2 membersThe council chair may appoint a chair from the regional 128.3 committee participants. The council shall ensuremust include 128.4 in its budget request sufficient resources for each regional 128.5 committees have sufficient staff resourcescommittee to carry 128.6 out theirits mission as defined in this section. 128.7 Subd. 4. [REPORT.] Each regional committee shallmust 128.8 report to the council its work activities and accomplishments. 128.9 Sec. 120. Minnesota Statutes 1998, section 89A.07, 128.10 subdivision 3, is amended to read: 128.11 Subd. 3. [EFFECTIVENESS MONITORING.] The commissioner, in 128.12 cooperation with other research and land management 128.13 organizations, shall evaluate the effectiveness of practices to 128.14 mitigate impacts of timber harvesting and forest management 128.15 activities on the state's forest resources. The council shall 128.16 provide oversight and program direction for the development and 128.17 implementation of this monitoring program. The commissioner 128.18 shall report to the council on the effectiveness of these 128.19 practices. 128.20 Sec. 121. Minnesota Statutes 1998, section 89A.07, 128.21 subdivision 5, is amended to read: 128.22 Subd. 5. [CITIZEN CONCERNS.] The council shall facilitate 128.23 the establishment of a process to accept comments from the 128.24 public on negligent timber harvesting or forest management 128.25 practices. Comments must also be directed to the organization128.26 administering the certification program.128.27 Sec. 122. Minnesota Statutes 1998, section 89A.10, is 128.28 amended to read: 128.29 89A.10 [CONTINUING EDUCATION; CERTIFICATION.] 128.30 It is the policy of the state to encourage timber 128.31 harvesters and forest resource professionals to establish 128.32 voluntary certification andcontinuing education programs within 128.33 their respective professions that promote sustainable forest 128.34 management. The council shall, where appropriate, facilitate 128.35 the development of these programs. 128.36 Sec. 123. Minnesota Statutes 1998, section 92.45, is 129.1 amended to read: 129.2 92.45 [STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.] 129.3 All state lands bordering on or adjacent to meandered lakes 129.4 and other public waters and watercourses, with the live timber 129.5 growing on them, are withdrawn from sale except as provided in 129.6 this section. The commissioner of natural resources may sell 129.7 the timber as otherwise provided by law for cutting and removal 129.8 under conditions the commissioner prescribes. The conditions 129.9 must be in accordance with approved, sustained-yield forestry 129.10 practices. The commissioner must reserve the timber and impose 129.11 other conditions the commissioner deems necessary to protect 129.12 watersheds, wildlife habitat, shorelines, and scenic features. 129.13 Within the area in Cook, Lake, and St. Louis counties described 129.14 in the act of Congress approved July 10, 1930, (Statutes at 129.15 Large, volume 46, page 1020), the timber on state lands is 129.16 subject to restrictions like those now imposed by the act on 129.17 federal lands. 129.18 The following land is reserved for public travel: of all 129.19 land bordering on or adjacent to meandered lakes and other 129.20 public waters and watercourses and withdrawn from sale, a strip 129.21 two rods wide, the ordinary high-water mark being its waterside 129.22 boundary, and its landside boundary a line drawn parallel to the 129.23 ordinary high-water mark and two rods distant landward from it. 129.24 Wherever the conformation of the shore line or conditions 129.25 require, the commissioner must reserve a wider strip. 129.26 Except for sales under section 282.018, subdivision 1, when 129.27 a state agency or any other unit of government requests the 129.28 legislature to authorize the sale of state lands bordering on or 129.29 adjacent to meandered lakes and other public waters and 129.30 watercourses, the commissioner shall evaluate the lands and 129.31 their public benefits and make recommendations on the proposed 129.32 dispositions to the committees of the legislature with 129.33 jurisdiction over natural resources. The commissioner shall 129.34 include any recommendations of the commissioner for disposition 129.35 of lands withdrawn from sale under this section over which the 129.36 commissioner has jurisdiction. The commissioner's 130.1 recommendations may include a public sale, sale to a private 130.2 party, acquisition by the commissioner for public purposes, 130.3 retention of a conservation easement for shoreland preservation 130.4 by the commissioner under chapter 84C, or a cooperative 130.5 management agreement with, or transfer to, another unit of 130.6 government. 130.7 The commissioner may sell state lands bordering on or 130.8 adjacent to the Mississippi river or any lakes, waters, and 130.9 watercourses in its bottom lands, desired or needed by the 130.10 United States government for, or in connection with, any project 130.11 heretofore authorized by Congress, to improve navigation in the 130.12 Mississippi River at public sale according to law, as in other 130.13 cases, upon application by an authorized United States 130.14 official. The application must describe the land and include a 130.15 map showing its location with reference to adjoining properties. 130.16 Sec. 124. Minnesota Statutes 1998, section 92.46, 130.17 subdivision 1, is amended to read: 130.18 Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may 130.19 designate suitable portions of the state lands withdrawn from 130.20 sale and not reserved, as provided in section 92.45, as 130.21 permanent state public campgrounds. The director may have the 130.22 land surveyed and platted into lots of convenient size, and 130.23 lease them for cottage and camp purposes under terms and 130.24 conditions the director prescribes, subject to the provisions of 130.25 this section. 130.26 (b) A lease may not be for a term more than 20 years. The 130.27 lease may allow renewal, from time to time, for additional terms 130.28 of no longer than 20 years each. The lease may be canceled by 130.29 the commissioner 90 days after giving the person leasing the 130.30 land written notice of violation of lease conditions. The lease 130.31 rate shall be based on the appraised value of leased land as 130.32 determined by the commissioner of natural resources and shall be 130.33 adjusted by the commissioner at the fifth, tenth, and 15th 130.34 anniversary of the lease, if the appraised value has increased 130.35 or decreased. For leases that are renewed in 1991 and following 130.36 years, the lease rate shall be five percent of the appraised 131.1 value of the leased land. The appraised value shall be the 131.2 value of the leased land without any private improvements and 131.3 must be comparable to similar land without any improvements 131.4 within the same county. The minimum appraised value that the 131.5 commissioner assigns to the leased land must be substantially 131.6 equal to the county assessor's estimated market value of similar 131.7 land adjusted by the assessment/sales ratio as determined by the 131.8 department of revenue. 131.9 (c) By July 1, 1986, the commissioner of natural resources 131.10 shall adopt rules under chapter 14 to establish procedures for 131.11 leasing land under this section. The rules shall be subject to 131.12 review and approval by the commissioners of revenue and 131.13 administration prior to the initial publication pursuant to 131.14 chapter 14 and prior to their final adoption. The rules must 131.15 address at least the following: 131.16 (1) method of appraising the property; and 131.17 (2) an appeal procedure for both the appraised values and 131.18 lease rates. 131.19 (d) All money received from these leases must be credited 131.20 to the fund to which the proceeds of the land belong. 131.21 Notwithstanding section 16A.125 or any other law to the 131.22 contrary, 50for fiscal years 1999 and 2000, 100 percent, and 131.23 thereafter, 50 percent, of the money received from the lease of 131.24 permanent school fund lands leased pursuant to this subdivision 131.25 must be credited to the lakeshore leasing and sales account in 131.26 the permanent school fund and is appropriated for use to survey, 131.27 appraise, and pay associated selling and, leasing, or exchange 131.28 costs of lots as required in this section and Minnesota Statutes 131.29 1992, section 92.67, subdivision 3. The money may not be used131.30 to pay the cost of surveying lots not scheduled for sale.Any 131.31 money designated for deposit in the permanent school fund that 131.32 is not needed to survey, appraise, and pay associated 131.33 selling and, leasing, or exchange costs of lots, as required in 131.34 this section, shall be deposited in the permanent school fund. 131.35 The commissioner shall add to the appraised value of any lot 131.36 offered for sale or exchange the costs of surveying, appraising, 132.1 and sellingdisposing of the lot, and shall first deposit into 132.2 the permanent school fund an amount equal to the costs of 132.3 surveying, appraising, and sellingdisposing of any lot paid out 132.4 of the permanent school fund. Any remaining money shall be 132.5 deposited into any other contributing funds in proportion to the 132.6 contribution from each fund. In no case may the commissioner 132.7 add to the appraised value of any lot offered for sale or 132.8 exchange an amount more than $700 forthe actual contract 132.9 service costs of surveying and, appraising, and disposing of the 132.10 lot. 132.11 Sec. 125. Minnesota Statutes 1998, section 97B.020, is 132.12 amended to read: 132.13 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 132.14 Except as provided in this section, a person born after 132.15 December 31, 1979, may not obtain a license to take wild animals 132.16 by firearms . A person may obtain a hunting license ifunless 132.17 the person has a firearms safety certificate or equivalent 132.18 certificate, driver's license or identification card with a 132.19 valid firearms safety qualification indicator issued under 132.20 section 171.07, subdivision 13, previous hunting license, or 132.21 other evidence indicating that the person has completed in this 132.22 state or in another state a hunter safety course recognized by 132.23 the department under a reciprocity agreement. A person who is 132.24 on active duty and has successfully completed basic training in 132.25 the United States armed forces, reserve component, or national 132.26 guard may obtain a hunting license or approval authorizing 132.27 hunting regardless of whether the person is issued a firearms 132.28 safety certificate. 132.29 Sec. 126. Minnesota Statutes 1998, section 103B.227, 132.30 subdivision 2, is amended to read: 132.31 Subd. 2. [NOTICE OF BOARD VACANCIES.] Appointing 132.32 authorities for watershed management organization board members 132.33 shall publish a notice of vacancies resulting from expiration of 132.34 members' terms and other reasons. The notices must be published 132.35 at least once in a newspaper of general circulation in the 132.36 watershed management organization area. The notices must state 133.1 that persons interested in being appointed to serve on the 133.2 watershed management organization board may submit their names 133.3 to the appointing authority for consideration. After December 133.4 31, 1999, staff of local units of government that are members of 133.5 the watershed management organization are not eligible to be 133.6 appointed to the board. Published notice of the vacancy must be 133.7 given at least 15 days before an appointment or reappointment is 133.8 made. 133.9 Sec. 127. Minnesota Statutes 1998, section 103F.515, 133.10 subdivision 2, is amended to read: 133.11 Subd. 2. [ELIGIBLE LAND.] (a) Land may be placed in the 133.12 conservation reserve program if the land meets the requirements 133.13 of paragraphs (b) and (c). 133.14 (b) Land is eligible if the land: 133.15 (1) is marginal agricultural land; 133.16 (2) is adjacent to marginal agricultural land and is either 133.17 beneficial to resource protection or necessary for efficient 133.18 recording of the land description; 133.19 (3) consists of a drained wetland; 133.20 (4) is land that with a windbreak would be beneficial to 133.21 resource protection; 133.22 (5) is land in a sensitive groundwater area; 133.23 (6) is riparian land; 133.24 (7) is cropland or noncropland adjacent to restored 133.25 wetlands to the extent of up to four acres of cropland or one 133.26 acre of noncropland for each acre of wetland restored; 133.27 (8) is a woodlot on agricultural land; 133.28 (9) is abandoned building site on agricultural land, 133.29 provided that funds are not used for compensation of the value 133.30 of the buildings; or 133.31 (10) is land on a hillside used for pasture. 133.32 (c) Eligible land under paragraph (a) must: 133.33 (1) be owned by the landowner, or a parent or other blood 133.34 relative of the landowner, for at least one year before the date 133.35 of application; 133.36 (2) be at least five acres in size, except for a drained 134.1 wetland area, riparian area, windbreak, woodlot, or abandoned 134.2 building site, or be a whole field as defined by the United 134.3 States Agricultural Stabilization and Conservation Services; 134.4 (3) not be set aside, enrolled or diverted under another 134.5 federal or state government program unless enrollment in the 134.6 conservation reserve program would provide additional 134.7 conservation benefits or a longer term of enrollment than under 134.8 the current federal or state program; and 134.9 (4) have been in agricultural crop production for at least 134.10 two of the last five years before the date of application except 134.11 drained wetlands, riparian lands, woodlots, abandoned building 134.12 sites, or land on a hillside used for pasture. 134.13 (d) In selecting drained wetlands for enrollment in the 134.14 program, the highest priority must be given to wetlands with a 134.15 cropping history during the period 1976 to 1985. 134.16 (e) In selecting land for enrollment in the program, 134.17 highest priority must be given to permanent easements that are 134.18 consistent with the purposes stated in section 103F.505. 134.19 Sec. 128. Minnesota Statutes 1998, section 103G.271, 134.20 subdivision 6, is amended to read: 134.21 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as 134.22 described in paragraphs (b) to (f), a water use permit 134.23 processing fee must be prescribed by the commissioner in 134.24 accordance with the following schedule of fees for each water 134.25 use permit in force at any time during the year: 134.26 (1) 0.05 cents per 1,000 gallons for the first 50,000,000 134.27 gallons per year; 134.28 (2) 0.10 cents per 1,000 gallons for amounts greater than 134.29 50,000,000 gallons but less than 100,000,000 gallons per year; 134.30 (3) 0.15 cents per 1,000 gallons for amounts greater than 134.31 100,000,000 gallons but less than 150,000,000 gallons per year; 134.32 (4) 0.20 cents per 1,000 gallons for amounts greater than 134.33 150,000,000 gallons but less than 200,000,000 gallons per year; 134.34 (5) 0.25 cents per 1,000 gallons for amounts greater than 134.35 200,000,000 gallons but less than 250,000,000 gallons per year; 134.36 (6) 0.30 cents per 1,000 gallons for amounts greater than 135.1 250,000,000 gallons but less than 300,000,000 gallons per year; 135.2 (7) 0.35 cents per 1,000 gallons for amounts greater than 135.3 300,000,000 gallons but less than 350,000,000 gallons per year; 135.4 (8) 0.40 cents per 1,000 gallons for amounts greater than 135.5 350,000,000 gallons but less than 400,000,000 gallons per year; 135.6 and 135.7 (9) 0.45 cents per 1,000 gallons for amounts greater than 135.8 400,000,000 gallons per year. 135.9 (b) For once-through cooling systems, a water use 135.10 processing fee must be prescribed by the commissioner in 135.11 accordance with the following schedule of fees for each water 135.12 use permit in force at any time during the year: 135.13 (1) for nonprofit corporations and school districts, 15.0 135.14 cents per 1,000 gallons; and 135.15 (2) for all other users, 20 cents per 1,000 gallons. 135.16 (c) The fee is payable based on the amount of water 135.17 appropriated during the year and, except as provided in 135.18 paragraph (f), the minimum fee is $50. 135.19 (d) For water use processing fees other than once-through 135.20 cooling systems: 135.21 (1) the fee for a city of the first class may not exceed 135.22 $175,000 per year; 135.23 (2) the fee for other entities for any permitted use may 135.24 not exceed: 135.25 (i) $35,000 per year for an entity holding three or fewer 135.26 permits; 135.27 (ii) $50,000 per year for an entity holding four or five 135.28 permits; 135.29 (iii) $175,000 per year for an entity holding more than 135.30 five permits; 135.31 (3) the fee for agricultural irrigation may not exceed $750 135.32 per year; 135.33 (4) the fee for a municipality that furnishes electric 135.34 service and cogenerates steam for home heating may not exceed 135.35 $10,000 for its permit for water use related to the cogeneration 135.36 of electricity and steam; and 136.1 (5) no fee is required for a project involving the 136.2 appropriation of surface water to prevent flood damage or to 136.3 remove flood waters during a period of flooding, as determined 136.4 by the commissioner. 136.5 (e) Failure to pay the fee is sufficient cause for revoking 136.6 a permit. A penalty of two percent per month calculated from 136.7 the original due date must be imposed on the unpaid balance of 136.8 fees remaining 30 days after the sending of a second notice of 136.9 fees due. A fee may not be imposed on an agency, as defined in 136.10 section 16B.01, subdivision 2, or federal governmental agency 136.11 holding a water appropriation permit. 136.12 (f) The minimum water use processing fee for a permit 136.13 issued for irrigation of agricultural land is $10 for years in 136.14 which: 136.15 (1) there is no appropriation of water under the permit; or 136.16 (2) the permit is suspended for more than seven consecutive 136.17 days between May 1 and October 1. 136.18 (g) For once-through systems fees payable after July 1,136.19 1993, 75 percent of the fees must be credited to a special136.20 account and are appropriated to the Minnesota public facilities136.21 authority for loans under section 446A.21.136.22 Sec. 129. [103G.705] [STREAM PROTECTION AND IMPROVEMENT 136.23 LOAN PROGRAM.] 136.24 Subdivision 1. [LOAN PROGRAM.] (a) A political subdivision 136.25 may apply to the commissioner on forms provided by the 136.26 commissioner for a loan for up to 90 percent of the total local 136.27 cost of a project to protect or improve a stream. The 136.28 commissioner shall apportion loans according to the potential 136.29 for prevention of immediate harm to the stream, the relative 136.30 need for maintenance or improvements, the date of the 136.31 application for the loan, and the availability of funds. 136.32 (b) By January 15 of each year, the commissioner must 136.33 provide the legislature with a list of all applications received 136.34 by the commissioner, the loan amounts requested, and a listing 136.35 and explanation of the disposition of the applications. 136.36 (c) The commissioner must make the loan to the political 137.1 subdivision in the amount determined by the commissioner and 137.2 under the terms specified in this section. Loans made under 137.3 this section do not require the approval of the electors of the 137.4 political subdivision as provided in section 475.58 and do not 137.5 constitute net debt for purposes of section 475.53 or any debt 137.6 limitation provision of any special law or city charter. 137.7 (d) A loan made under this section must be repaid without 137.8 interest over a period not to exceed ten years. The 137.9 commissioner may charge an annual administrative fee to the 137.10 political subdivision. 137.11 (e) A political subdivision receiving a loan made under 137.12 this section must levy for the loan repayment beginning in the 137.13 year the loan proceeds are received and succeeding years until 137.14 the loan and the associated administrative costs are repaid. 137.15 The levy must be for: 137.16 (1) the amount of the annual loan repayment and the 137.17 associated administrative costs; or 137.18 (2) the amount of the annual loan repayment and 137.19 administrative costs less the amount the political subdivision 137.20 certifies it has received from other sources for the loan 137.21 repayment. 137.22 Subd. 2. [STREAM PROTECTION AND IMPROVEMENT FUND.] There 137.23 is established in the state treasury a stream protection and 137.24 redevelopment fund. All repayments of loans made and 137.25 administrative fees assessed under subdivision 1 must be 137.26 deposited in this fund. Interest earned on money in the fund 137.27 accrues to the fund and money in the fund is appropriated to the 137.28 commissioner of natural resources for purposes of the stream 137.29 protection and redevelopment program, including costs incurred 137.30 by the commissioner to establish and administer the program. 137.31 Sec. 130. Minnesota Statutes 1998, section 115.55, 137.32 subdivision 5a, is amended to read: 137.33 Subd. 5a. [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a) 137.34 An inspection of an existing system must evaluate the criteria 137.35 in paragraphs (b) to (h)(j). 137.36 (b) If the inspector finds one or more of the following 138.1 conditions: 138.2 (1) sewage discharge to surface water; 138.3 (2) sewage discharge to ground surface; 138.4 (3) sewage backup; or 138.5 (4) any other situation with the potential to immediately 138.6 and adversely affect or threaten public health or safety, 138.7 then the system constitutes an imminent threat to public health 138.8 or safety and, if not repaired, must be upgraded, replaced, or 138.9 its use discontinued within ten months of receipt of the notice 138.10 described in subdivision 5b, or within a shorter period of time 138.11 if required by local ordinance. 138.12 (c) An existing system that has none of the conditions in 138.13 paragraph (b), and has at least two feet of soil separation need 138.14 not be upgraded, repaired, replaced, or its use discontinued, 138.15 notwithstanding any local ordinance that is more restrictive. 138.16 (d) Paragraph (c) does not apply to systems in shoreland 138.17 areas regulated under sections 103F.201 to 103F.221, wellhead 138.18 protection areas as defined in section 103I.005, or those used 138.19 in connection with food, beverage, and lodging establishments 138.20 regulated under chapter 157. 138.21 (e) If the local unit of government with jurisdiction over 138.22 the system has adopted an ordinance containing local standards 138.23 pursuant to subdivision 7, the existing system must comply with 138.24 the ordinance. If the system does not comply with the 138.25 ordinance, it must be upgraded, replaced, or its use 138.26 discontinued according to the ordinance. 138.27 (f) If a seepage pit, drywell, cesspool, or leaching pit 138.28 exists and the local unit of government with jurisdiction over 138.29 the system has not adopted local standards to the contrary, the 138.30 system is failing and must be upgraded, replaced, or its use 138.31 discontinued within the time required by subdivision 3 or local 138.32 ordinance. 138.33 (g) If the system fails to provide sufficient groundwater 138.34 protection, then the local unit of government or its agent shall 138.35 order that the system be upgraded, replaced, or its use 138.36 discontinued within the time required by rule or the local 139.1 ordinance. 139.2 (h) The authority to find a threat to public health under 139.3 section 145A.04, subdivision 8, is in addition to the authority 139.4 to make a finding under paragraphs (b) to (d). 139.5 (i) Local inspectors must use the standard inspection form 139.6 provided by the agency. The inspection information required by 139.7 local ordinance may be included as an attachment to the standard 139.8 form. The following language must appear on the standard form: 139.9 "If an existing system is not failing as defined in law, and has 139.10 at least two feet of design soil separation, then the system 139.11 need not be upgraded, repaired, replaced, or its use 139.12 discontinued, notwithstanding any local ordinance that is more 139.13 strict. This does not apply to systems in shoreland areas, 139.14 wellhead protection areas, or those used in connection with 139.15 food, beverage, and lodging establishments as defined in law." 139.16 (j) For the purposes of this subdivision, an "existing 139.17 system" means a functioning system installed prior to April 1, 139.18 1996. 139.19 Sec. 131. Minnesota Statutes 1998, section 115A.02, is 139.20 amended to read: 139.21 115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.] 139.22 (a) It is the goal of this chapter to protect the state's 139.23 land, air, water, and other natural resources and the public 139.24 health by improving waste management in the state to serve the 139.25 following purposes: 139.26 (1) reduction in the amount and toxicity of waste 139.27 generated; 139.28 (2) separation and recovery of materials and energy from 139.29 waste; 139.30 (3) reduction in indiscriminate dependence on disposal of 139.31 waste; 139.32 (4) coordination of solid waste management among political 139.33 subdivisions; and 139.34 (5) orderly and deliberate development and financial 139.35 security of waste facilities including disposal facilities. 139.36 (b) The waste management goal of the state is to foster an 140.1 integrated waste management system in a manner appropriate to 140.2 the characteristics of the waste stream and thereby protect the 140.3 state's land, air, water, and other natural resources and the 140.4 public health. The following waste management practices are in 140.5 order of preference: 140.6 (1) waste reduction and reuse; 140.7 (2) waste recycling; 140.8 (3) composting of yard waste and food waste; 140.9 (4) resource recovery through mixed municipal solid waste 140.10 composting or incineration; and140.11 (5) land disposal which produces no measurable methane gas 140.12 or which involves the retrieval of methane gas as a fuel for the 140.13 production of energy to be used on-site or for sale; and 140.14 (6) land disposal which produces measurable methane and 140.15 which does not involve the retrieval of methane gas as a fuel 140.16 for the production of energy to be used on-site or for sale. 140.17 Sec. 132. Minnesota Statutes 1998, section 115A.908, 140.18 subdivision 2, is amended to read: 140.19 Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be 140.20 credited to the motor vehicle transfer account in the 140.21 environmental fund. As cash flow permits, the commissioner of 140.22 finance must transfer (1) $3,200,000 each fiscal year from the 140.23 motor vehicle transfer account to the environmental response, 140.24 compensation, and compliance account established in section 140.25 115B.20; and (2) $1,200,000 each fiscal year from the motor 140.26 vehicle transfer account to the general fund. 140.27 Sec. 133. Minnesota Statutes 1998, section 115B.39, 140.28 subdivision 2, is amended to read: 140.29 Subd. 2. [DEFINITIONS.] (a) In addition to the definitions 140.30 in this subdivision, the definitions in sections 115A.03 and 140.31 115B.02 apply to sections 115B.39 to 115B.445, except as 140.32 specifically modified in this subdivision. 140.33 (b) "Cleanup order" means a consent order between 140.34 responsible persons and the agency or an order issued by the 140.35 United States Environmental Protection Agency under section 106 140.36 of the federal Superfund Act. 141.1 (c) "Closure" means actions to prevent or minimize the 141.2 threat to public health and the environment posed by a mixed 141.3 municipal solid waste disposal facility that has stopped 141.4 accepting waste by controlling the sources of releases or 141.5 threatened releases at the facility. "Closure" includes 141.6 removing contaminated equipment and liners; applying final 141.7 cover; grading and seeding final cover; installing wells, 141.8 borings, and other monitoring devices; constructing groundwater 141.9 and surface water diversion structures; and installing gas 141.10 control systems and site security systems, as necessary. The 141.11 commissioner may authorize use of final cover that includes 141.12 processed materials that meet the requirements in Code of 141.13 Federal Regulations, title 40, section 503.32, paragraph (a). 141.14 (d) "Closure upgrade" means construction activity that 141.15 will, at a minimum, modify an existing cover so that it 141.16 satisfies current rule requirements for mixed municipal solid 141.17 waste land disposal facilities. 141.18 (e) "Contingency action" means organized, planned, or 141.19 coordinated courses of action to be followed in case of fire, 141.20 explosion, or release of solid waste, waste by-products, or 141.21 leachate that could threaten human health or the environment. 141.22 (f) "Corrective action" means steps taken to repair 141.23 facility structures including liners, monitoring wells, 141.24 separation equipment, covers, and aeration devices and to bring 141.25 the facility into compliance with design, construction, 141.26 groundwater, surface water, and air emission standards. 141.27 (g) "Decomposition gases" means gases produced by chemical 141.28 or microbial activity during the decomposition of solid waste. 141.29 (h) "Dump materials" means nonhazardous mixed municipal 141.30 solid wastes disposed at a Minnesota waste disposal site other 141.31 than a qualified facility prior to 1973. 141.32 (i) "Environmental response action" means response action 141.33 at a qualified facility, including corrective action, closure, 141.34 postclosure care; contingency action; environmental studies, 141.35 including remedial investigations and feasibility studies; 141.36 engineering, including remedial design; removal; remedial 142.1 action; site construction; and other similar cleanup-related 142.2 activities. 142.3 (j) "Environmental response costs" means: 142.4 (1) costs of environmental response action, not including 142.5 legal or administrative expenses; and 142.6 (2) costs required to be paid to the federal government 142.7 under section 107(a) of the federal Superfund Act, as amended. 142.8 (k) "Postclosure" or "postclosure care" means actions taken 142.9 for the care, maintenance, and monitoring of closure actions at 142.10 a mixed municipal solid waste disposal facility. 142.11 (l) "Qualified facility" means a mixed municipal solid 142.12 waste disposal facility as described in the most recent agency 142.13 permit, including adjacent property used for solid waste 142.14 disposal that did not occur under a permit from the agency, that: 142.15 (1)(i) is or was permitted by the agency; 142.16 (2)(ii) stopped accepting solid waste, except demolition 142.17 debris, for disposal by April 9, 1994; and 142.18 (3)(iii) stopped accepting demolition debris for disposal 142.19 by June 1, 1994, except that demolition debris may be accepted 142.20 until May 1, 1995, at a permitted area where disposal of 142.21 demolition debris is allowed, if the area where the demolition 142.22 debris is deposited is at least 50 feet from the fill boundary 142.23 of the area where mixed municipal solid waste was deposited; or 142.24 (2)(i) is or was permitted by the agency; and 142.25 (ii) stopped accepting waste by January 1, 2000, except 142.26 that demolition debris, industrial waste, and municipal solid 142.27 waste combustor ash may be accepted until January 1, 2001, at a 142.28 permitted area where disposal of such waste is allowed, if the 142.29 area where the waste is deposited is at least 50 feet from the 142.30 fill boundary of the area where mixed municipal solid waste was 142.31 deposited. 142.32 Sec. 134. Minnesota Statutes 1998, section 115B.40, 142.33 subdivision 2, is amended to read: 142.34 Subd. 2. [PRIORITY LIST.] (a) The commissioner shall 142.35 establish a priority list for preventing or responding to 142.36 releases of hazardous substances, pollutants and contaminants, 143.1 or decomposition gases at qualified facilities defined in 143.2 section 115B.39, subdivision 2, paragraph (l), clause (1). The 143.3 commissioner shall periodically revise the list to reflect 143.4 changing conditions at facilities that affect priority for 143.5 response actions. The initial priority list must be established 143.6 by January 1, 1995. 143.7 (b) The priority list required under this subdivision must 143.8 be based on the relative risk or danger to public health or 143.9 welfare or the environment, taking into account to the extent 143.10 possible the population at risk, the hazardous potential of the 143.11 hazardous substances at the facility, the potential for 143.12 contamination of drinking water supplies, the potential for 143.13 direct human contact, and the potential for destruction of 143.14 sensitive ecosystems. 143.15 Sec. 135. Minnesota Statutes 1998, section 115B.40, 143.16 subdivision 3, is amended to read: 143.17 Subd. 3. [NOTIFICATION.] By September 1, 1994, the 143.18 commissioner shall notify the owner or operator of, and persons 143.19 subject to a cleanup order at, each qualified facility defined 143.20 in section 115B.39, subdivision 2, paragraph (l), clause (1), of 143.21 whether the requirements of subdivision 4 or 5 have been met. 143.22 If the requirements have not been met at a facility, the 143.23 commissioner, by the earliest practicable date, shall notify the 143.24 owner or operator and persons subject to a cleanup order of what 143.25 actions need to be taken. 143.26 Sec. 136. Minnesota Statutes 1998, section 115B.40, 143.27 subdivision 4, is amended to read: 143.28 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 143.29 DUTIES.] (a) The owner or operator of a qualified facility that 143.30 is not subject to a cleanup order shall: 143.31 (1) complete closure activities at the facility, or enter 143.32 into a binding agreement with the commissioner to do so, as 143.33 provided in paragraph (d)(e), within one year from the date the 143.34 owner or operator is notified by the commissioner under 143.35 subdivision 3 of the closure activities that are necessary to 143.36 properly close the facility in compliance with facility's 144.1 permit, closure orders, or enforcement agreement with the 144.2 agency, and with the solid waste rules in effect at the time the 144.3 facility stopped accepting waste; 144.4 (2) undertake or continue postclosure care at the facility 144.5 until the date of notice of compliance under subdivision 7; 144.6 (3) in the case of qualified facilities defined in section 144.7 115B.39, subdivision 2, paragraph (l), clause (1), transfer to 144.8 the commissioner of revenue for deposit in the solid waste fund 144.9 established in section 115B.42 any funds required for proof of 144.10 financial responsibility under section 116.07, subdivision 4h, 144.11 that remain after facility closure and any postclosure care and 144.12 response action undertaken by the owner or operator at the 144.13 facility including, if proof of financial responsibility is 144.14 provided through a letter of credit or other financial 144.15 instrument or mechanism that does not accumulate money in an 144.16 account, the amount that would have accumulated had the owner or 144.17 operator utilized a trust fund, less any amount used for 144.18 closure, postclosure care, and response action at the 144.19 facility; and 144.20 (4) in the case of qualified facilities defined in section 144.21 115B.39, subdivision 2, paragraph (l), clause (2), transfer to 144.22 the commissioner of revenue for deposit in the solid waste fund 144.23 established in section 115B.42 an amount of cash that is equal 144.24 to the sum of their approved current contingency action cost 144.25 estimate and the present value of their approved estimated 144.26 remaining postclosure care costs required for proof of financial 144.27 responsibility under section 116.07, subdivision 4h. 144.28 (b) The owner or operator of a qualified facility that is 144.29 not subject to a cleanup order shall: 144.30 (1) in the case of qualified facilities defined in section 144.31 115B.39, subdivision 2, paragraph (l), clause (1), provide the 144.32 commissioner with a copy of all applicable comprehensive general 144.33 liability insurance policies and other liability policies 144.34 relating to property damage, certificates, or other evidence of 144.35 insurance coverage held during the life of the facility; and 144.36 (5)(2) enter into a binding agreement with the 145.1 commissioner to: 145.2 (i) in the case of qualified facilities defined in section 145.3 115B.39, subdivision 2, paragraph (l), clause (1), take any 145.4 actions necessary to preserve the owner or operator's rights to 145.5 payment or defense under insurance policies included in 145.6 clause (4)(1); cooperate with the commissioner in asserting 145.7 claims under the policies; and, within 60 days of a request by 145.8 the commissioner, but no earlier than July 1, 1996, assign only 145.9 those rights under the policies related to environmental 145.10 response costs; 145.11 (ii) cooperate with the commissioner or other persons 145.12 acting at the direction of the commissioner in taking additional 145.13 environmental response actions necessary to address releases or 145.14 threatened releases and to avoid any action that interferes with 145.15 environmental response actions, including allowing entry to the 145.16 property and to the facility's records and allowing entry and 145.17 installation of equipment; and 145.18 (iii) refrain from developing or altering the use of 145.19 property described in any permit for the facility except after 145.20 consultation with the commissioner and in conformance with any 145.21 conditions established by the commissioner for that property, 145.22 including use restrictions, to protect public health and welfare 145.23 and the environment. 145.24 (b)(c) The owner or operator of a qualified facility 145.25 defined in section 115B.39, subdivision 2, paragraph (l), clause 145.26 (1), that is a political subdivision may use a portion of any 145.27 funds established for response at the facility, which are 145.28 available directly or through a financial instrument or other 145.29 financial arrangement, for closure or postclosure care at the 145.30 facility if funds available for closure or postclosure care are 145.31 inadequate and shall assign the rights to any remainder to the 145.32 commissioner. 145.33 (c)(d) The agreement required in paragraph (a)(b), 145.34 clause (5)(2), must be in writing and must apply to and be 145.35 binding upon the successors and assigns of the owner. The owner 145.36 shall record the agreement, or a memorandum approved by the 146.1 commissioner that summarizes the agreement, with the county 146.2 recorder or registrar of titles of the county where the property 146.3 is located. 146.4 (d)(e) A binding agreement entered into under paragraph 146.5 (a), clause (1), may include a provision that the owner or 146.6 operator will reimburse the commissioner for the costs of 146.7 closing the facility to the standard required in that clause. 146.8 Sec. 137. Minnesota Statutes 1998, section 115B.40, 146.9 subdivision 5, is amended to read: 146.10 Subd. 5. [QUALIFIED FACILITY UNDER CLEANUP ORDER; DUTIES.] 146.11 (a) For a qualified facility that is subject to a cleanup order, 146.12 persons identified in the order shall complete construction of 146.13 the remedy required under the cleanup order and: 146.14 (1) for a federal order, receive a concurrent determination 146.15 of the United States Environmental Protection Agency and the 146.16 agency or commissioner that the remedy is functioning properly 146.17 and is performing as designed; or 146.18 (2) for a state order, receive acknowledgment from the 146.19 agency or commissioner that the obligations under the order for 146.20 construction of the remedy have been met. 146.21 (b) The owner or operator of a qualified facility that is 146.22 subject to a cleanup order, in addition to any applicable 146.23 requirement in paragraph (a), shall comply with subdivision 4, 146.24 paragraphparagraphs (a), clausesclause (3) to (5)or (4); 146.25 and (b). 146.26 Sec. 138. Minnesota Statutes 1998, section 115B.40, 146.27 subdivision 6, is amended to read: 146.28 Subd. 6. [COMMISSIONER; DUTIES.] (a) If the owner or 146.29 operator of a qualified facility that is subject to the 146.30 requirements of subdivision 4, paragraph (a), fails to comply 146.31 with subdivision 4, paragraph (a), clause (1) or (2), the 146.32 commissioner shall: 146.33 (1) undertake or complete closure activities at the 146.34 facility in compliance with the solid waste rules in effect at 146.35 the time the commissioner takes action under this clause; and 146.36 (2) undertake or continue postclosure care at the facility 147.1 as required under subdivision 2. 147.2 (b) If a facility has been properly closed under 147.3 subdivision 4, but the applicable closure requirements are less 147.4 environmentally protective than closure requirements in the 147.5 solid waste rules in effect on January 1, 1993, the commissioner 147.6 shall determine whether the facility should be closed to the 147.7 higher standards and, if so, shall undertake additional closure 147.8 activities at the facility to meet those standards. The 147.9 commissioner may determine that additional closure activities 147.10 are unnecessary only if it is likely that response actions will 147.11 be taken in the near future and that those response actions will 147.12 result in removal or significant alteration of the closure 147.13 activities or render the closure activities unnecessary. 147.14 Sec. 139. Minnesota Statutes 1998, section 115B.40, 147.15 subdivision 7, is amended to read: 147.16 Subd. 7. [NOTICE OF COMPLIANCE; EFFECTS.] (a) The 147.17 commissioner shall provide written notice of compliance to the 147.18 appropriate owner or operator or person subject to a cleanup 147.19 order when: 147.20 (1) the commissioner determines that the requirements of 147.21 subdivision 4 or 5 have been met; and 147.22 (2) the person who will receive the notice has submitted to 147.23 the commissioner a written waiver of any claims the person may 147.24 have against any other person for recovery of any environmental 147.25 response costs related to a qualified facility that were 147.26 incurred prior to the date of notice of compliance. 147.27 (b) Beginning on the date of the notice of compliance: 147.28 (1) the commissioner shall assume all obligations of the 147.29 owner or operator or person for environmental response actions 147.30 under the federal Superfund Act and any federal or state cleanup 147.31 orders and shall undertake all further action under subdivision 147.32 1 at or related to the facility that the commissioner deems 147.33 appropriate and in accordance with the priority list; and 147.34 (2) the commissioner may not seek recovery against the 147.35 owner or operator of the facility or any responsible person of 147.36 any costs incurred by the commissioner for environmental 148.1 response action at or related to the facility, except: 148.2 (i) in the case of qualified facilities defined in section 148.3 115B.39, subdivision 2, paragraph (l), clause (1), to the extent 148.4 of insurance coverage held by the owner or operator or 148.5 responsible person; or 148.6 (ii) as provided in section 115B.402. 148.7 (c) The commissioner and the attorney general shall 148.8 communicate with the United States Environmental Protection 148.9 Agency addressing the manner and procedure for the state's 148.10 assumption of federal obligations under paragraph (b), clause 148.11 (1). 148.12 Sec. 140. Minnesota Statutes 1998, section 115B.40, 148.13 subdivision 8, is amended to read: 148.14 Subd. 8. [STATUTES OF LIMITATIONS.] (a) With respect to 148.15 claims for recovery of environmental response costs related to 148.16 qualified facilities defined in section 115B.39, subdivision 2, 148.17 paragraph (l), clause (1), the running of all applicable periods 148.18 of limitation under state law is suspended until July 1, 2004. 148.19 (b) A waiver of claims for recovery of environmental 148.20 response costs under this section or section 115B.43 is 148.21 extinguished for that portion of reimbursable costs under 148.22 section 115B.43 that have not been reimbursed by July 1, 2004. 148.23 Sec. 141. Minnesota Statutes 1998, section 115B.405, 148.24 subdivision 1, is amended to read: 148.25 Subdivision 1. [APPLICATION.] The owner or operator of a 148.26 qualified facility may apply to the commissioner for exclusion 148.27 from the landfill cleanup program under sections 115B.39, 148.28 115B.40, 115B.41, 115B.412, and 115B.43. Applications for 148.29 qualified facilities defined in section 115B.39, subdivision 2, 148.30 paragraph (l), clause (1), must be received by the commissioner 148.31 by February 1, 1995. Applications for qualified facilities 148.32 defined in section 115B.39, subdivision 2, paragraph (l), clause 148.33 (2), must be received by the commissioner by December 31, 1999. 148.34 The owner or operator of a qualified facility that is subject to 148.35 a federal cleanup order or that includes any portion that is 148.36 tax-forfeited may not apply for exclusion under this section. 149.1 In addition to other information required by the commissioner, 149.2 an application must include a disclosure of all financial 149.3 assurance accounts established for the facility. Applications 149.4 for exclusion must: 149.5 (1) show that the operator or owner is complying with the 149.6 agency's rules adopted under section 116.07, subdivision 4h, and 149.7 is complying with a financial assurance plan for the facility 149.8 that the commissioner has approved after determining that the 149.9 plan is adequate to provide for closure, postclosure care, and 149.10 contingency action; 149.11 (2) demonstrate that the facility is closed or is in 149.12 compliance with a closure schedule approved by the commissioner; 149.13 and 149.14 (3) include a waiver of all claims for recovery of costs 149.15 incurred under sections 115B.01 to 115B.24 and the federal 149.16 Superfund Act at or related to a qualified facility. 149.17 Sec. 142. Minnesota Statutes 1998, section 115B.42, is 149.18 amended to read: 149.19 115B.42 [SOLID WASTE FUND.] 149.20 Subdivision 1. [ESTABLISHMENT; APPROPRIATION; SEPARATE 149.21 ACCOUNTING.] (a) The solid waste fund is established in the 149.22 state treasury. The fund consists of money credited to the fund 149.23 and interest earned on the money in the fund. Except as 149.24 provided in subdivision 2, clauseclauses (7) and (8), money in 149.25 the fund is annually appropriated to the commissioner for the 149.26 purposes listed in subdivision 2. 149.27 (b) The commissioner of finance shall separately account 149.28 for revenue deposited in the fund from financial assurance funds 149.29 or other mechanisms, the metropolitan landfill contingency 149.30 action trust fund, and all other sources of revenue. 149.31 Subd. 2. [EXPENDITURES.] (a) Money in the fund may be 149.32 spent by the commissioner to: 149.33 (1) inspect permitted mixed municipal solid waste disposal 149.34 facilities to: 149.35 (i) evaluate the adequacy of final cover, slopes, 149.36 vegetation, and erosion control; 150.1 (ii) determine the presence and concentration of hazardous 150.2 substances, pollutants or contaminants, and decomposition gases; 150.3 and 150.4 (iii) determine the boundaries of fill areas; 150.5 (2) monitor and take, or reimburse others for, 150.6 environmental response actions, including emergency response 150.7 actions, at qualified facilities; 150.8 (3) acquire and dispose of property under section 115B.412, 150.9 subdivision 3; 150.10 (4) recover costs under section 115B.39; 150.11 (5) administer, including providing staff and 150.12 administrative support for, sections 115B.39 to 115B.445; 150.13 (6) enforce sections 115B.39 to 115B.445; 150.14 (7) subject to appropriation, administer the agency's 150.15 groundwater and solid waste management programs; 150.16 (8) pay for private water supply well monitoring and health 150.17 assessment costs of the commissioner of health in areas affected 150.18 by unpermitted mixed municipal solid waste disposal facilities; 150.19 (9) reimburse persons under section 115B.43; and150.20 (9)(10) reimburse mediation expenses up to a total of 150.21 $250,000 annually or defense costs up to a total of $250,000 150.22 annually for third-party claims for response costs under state 150.23 or federal law as provided in section 115B.414; and 150.24 (11) perform environmental assessments, up to $1,000,000, 150.25 at unpermitted mixed municipal solid waste disposal facilities. 150.26 Sec. 143. [115B.421] [CLOSED LANDFILL INVESTMENT FUND.] 150.27 The closed landfill investment fund is established in the 150.28 state treasury. The fund consists of money credited to the 150.29 fund, and interest and other earnings on money in the fund. The 150.30 commissioner of finance shall transfer an initial amount of 150.31 $5,100,000 from the balance in the solid waste fund beginning in 150.32 fiscal year 2000 and shall continue to transfer $5,100,000 for 150.33 each following fiscal year, ceasing after 2003. The fund shall 150.34 be managed to maximize long-term gain through the state board of 150.35 investment. Money in the fund may be spent by the commissioner 150.36 after fiscal year 2020 in accordance with section 115B.42, 151.1 subdivision 2, clauses (1) to (6). 151.2 Sec. 144. Minnesota Statutes 1998, section 115B.43, 151.3 subdivision 1, is amended to read: 151.4 Subdivision 1. [GENERALLY.] Environmental response costs 151.5 at qualified facilities defined in section 115B.39, subdivision 151.6 2, paragraph (l), clause (1), for which a notice of compliance 151.7 has been issued under section 115B.40, subdivision 7, are 151.8 reimbursable as provided in this section. 151.9 Sec. 145. Minnesota Statutes 1998, section 115B.442, is 151.10 amended by adding a subdivision to read: 151.11 Subd. 1a. [DEFINITION OF QUALIFIED FACILITIES.] For the 151.12 purposes of sections 115B.441 to 115B.445, "qualified facility" 151.13 means only those qualified facilities defined in section 151.14 115B.39, subdivision 2, paragraph (l), clause (1). 151.15 Sec. 146. Minnesota Statutes 1998, section 116.07, 151.16 subdivision 7, is amended to read: 151.17 Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 151.18 LOT PERMITS.] Any Minnesota county board may, by resolution, 151.19 with approval of the pollution control agency, assume 151.20 responsibility for processing applications for permits required 151.21 by the pollution control agency under this section for livestock 151.22 feedlots, poultry lots or other animal lots. The responsibility 151.23 for permit application processing, if assumed by a county, may 151.24 be delegated by the county board to any appropriate county 151.25 officer or employee. 151.26 (a) For the purposes of this subdivision, the term 151.27 "processing" includes: 151.28 (1) the distribution to applicants of forms provided by the 151.29 pollution control agency; 151.30 (2) the receipt and examination of completed application 151.31 forms, and the certification, in writing, to the pollution 151.32 control agency either that the animal lot facility for which a 151.33 permit is sought by an applicant will comply with applicable 151.34 rules and standards, or, if the facility will not comply, the 151.35 respects in which a variance would be required for the issuance 151.36 of a permit; and 152.1 (3) rendering to applicants, upon request, assistance 152.2 necessary for the proper completion of an application. 152.3 (b) For the purposes of this subdivision, the term 152.4 "processing" may include, at the option of the county board, 152.5 issuing, denying, modifying, imposing conditions upon, or 152.6 revoking permits pursuant to the provisions of this section or 152.7 rules promulgated pursuant to it, subject to review, suspension, 152.8 and reversal by the pollution control agency. The pollution 152.9 control agency shall, after written notification, have 15 days 152.10 to review, suspend, modify, or reverse the issuance of the 152.11 permit. After this period, the action of the county board is 152.12 final, subject to appeal as provided in chapter 14. 152.13 (c) For the purpose of administration of rules adopted 152.14 under this subdivision, the commissioner and the agency may 152.15 provide exceptions for cases where the owner of a feedlot has 152.16 specific written plans to close the feedlot within five years. 152.17 These exceptions include waiving requirements for major capital 152.18 improvements. 152.19 (d) For purposes of this subdivision, a discharge caused by 152.20 an extraordinary natural event such as a precipitation event of 152.21 greater magnitude than the 25-year, 24-hour event, tornado, or 152.22 flood in excess of the 100-year flood is not a "direct discharge 152.23 of pollutants." 152.24 (e) In adopting and enforcing rules under this subdivision, 152.25 the commissioner shall cooperate closely with other governmental 152.26 agencies. 152.27 (f) The pollution control agency shall work with the 152.28 Minnesota extension service, the department of agriculture, the 152.29 board of water and soil resources, producer groups, local units 152.30 of government, as well as with appropriate federal agencies such 152.31 as the Natural Resources Conservation Service and the Farm 152.32 Service Agency, to notify and educate producers of rules under 152.33 this subdivision at the time the rules are being developed and 152.34 adopted and at least every two years thereafter. 152.35 (g) The pollution control agency shall adopt rules 152.36 governing the issuance and denial of permits for livestock 153.1 feedlots, poultry lots or other animal lots pursuant to this 153.2 section. A feedlot permit is not required for livestock 153.3 feedlots with more than ten but less than 50 animal units; 153.4 provided they are not in shoreland areas. These rules apply 153.5 both to permits issued by counties and to permits issued by the 153.6 pollution control agency directly. 153.7 (h) The pollution control agency shall exercise supervising 153.8 authority with respect to the processing of animal lot permit 153.9 applications by a county. 153.10 (i) After May 17, 1997,Any new rules or amendments to 153.11 existing rules proposed under the authority granted in this 153.12 subdivision, or to implement new fees on animal feedlots, must 153.13 be submitted to the members of legislative policy and finance 153.14 committees with jurisdiction over agriculture and the 153.15 environment prior to final adoption. The rules must not become 153.16 effective until 90 days after the proposed rules are submitted 153.17 to the members. 153.18 (j) Until new rules are adopted that provide for plans for 153.19 manure storage structures, any plans for a liquid manure storage 153.20 structure must be prepared or approved by a registered 153.21 professional engineer or a United States Department of 153.22 Agriculture, Natural Resources Conservation Service employee. 153.23 (k) A county may adopt by ordinance standards for animal 153.24 feedlots that are more stringent than standards in pollution 153.25 control agency rules. 153.26 (l) After January 1, 2001, a county that has not accepted 153.27 delegation of the feedlot permit program must hold a public 153.28 meeting prior to the agency issuing a feedlot permit for a 153.29 feedlot facility with 300 or more animal units, unless another 153.30 public meeting has been held with regard to the feedlot facility 153.31 to be permitted. 153.32 Sec. 147. Minnesota Statutes 1998, section 116.072, is 153.33 amended by adding a subdivision to read: 153.34 Subd. 13. [FEEDLOT ADMINISTRATIVE PENALTY ORDERS.] (a) 153.35 Prior to the commissioner proposing an administrative penalty 153.36 order to a feedlot operator for a violation of feedlot laws or 154.1 rules, the agency staff who will determine if a penalty is 154.2 appropriate and who will determine the size of the penalty shall 154.3 offer to meet with the feedlot operator to discuss the 154.4 violation, and to allow the feedlot operator to present any 154.5 information that may affect any agency decisions on the 154.6 administrative penalty order. 154.7 (b) For serious feedlot law violations for which an 154.8 administrative penalty order is issued under this section, the 154.9 penalty may be forgiven if: 154.10 (1) the abated penalty is used for environmental 154.11 improvements to the farm; and 154.12 (2) the commissioner determines that the violation has been 154.13 corrected or that appropriate steps are being taken to correct 154.14 the action. 154.15 Sec. 148. Minnesota Statutes 1998, section 116.073, 154.16 subdivision 1, is amended to read: 154.17 Subdivision 1. [AUTHORITY TO ISSUE.] Pollution control 154.18 agency staff designated by the commissioner and department of 154.19 natural resources conservation officers may issue citations to a 154.20 person who: 154.21 (1) disposes of solid waste as defined in section 116.06, 154.22 subdivision 22, at a location not authorized by law for the 154.23 disposal of solid waste without permission of the owner of the 154.24 property; 154.25 (2) fails to report or recover oil or hazardous substance 154.26 discharges as required under section 115.061; or 154.27 (3) fails to take discharge preventive or preparedness 154.28 measures required under chapter 115E. In addition, pollution 154.29 control agency staff designated by the commissioner may issue 154.30 citations to owners and operators of facilities dispensing 154.31 petroleum products who violate sections 116.46 to 116.50 and 154.32 Minnesota Rules, chapterchapters 7150 and 7151, and Minnesota 154.33 Rules, parts 7001.4200 to 7001.4300. The citations for 154.34 violation of sections 116.46 to 116.50 and Minnesota Rules, 154.35 chapter 7150, may be issued only after the owners and operators 154.36 have had a 90-day period to correct all the violations stated in 155.1 a letter issued previously by pollution control agency staff. A 155.2 citation issued under this subdivision must include a 155.3 requirement that the person cited remove and properly dispose of 155.4 or otherwise manage the waste or discharged oil or hazardous 155.5 substance, reimburse any government agency that has disposed of 155.6 the waste or discharged oil or hazardous substance and 155.7 contaminated debris for the reasonable costs of disposal, or 155.8 correct any underground storage tank violations. 155.9 Sec. 149. Minnesota Statutes 1998, section 116.073, 155.10 subdivision 2, is amended to read: 155.11 Subd. 2. [PENALTY AMOUNT.] The citation must impose the 155.12 following penalty amounts: 155.13 (1) $100 per major appliance, as defined in section 155.14 115A.03, subdivision 17a, up to a maximum of $2,000; 155.15 (2) $25 per waste tire, as defined in section 115A.90, 155.16 subdivision 11, up to a maximum of $2,000; 155.17 (3) $25 per lead acid battery governed by section 115A.915, 155.18 up to a maximum of $2,000; 155.19 (4) $1 per pound of other solid waste or $20 per cubic foot 155.20 up to a maximum of $2,000; 155.21 (5) up to $200 for any amount of waste that escapes from a 155.22 vehicle used for the transportation of solid waste if, after 155.23 receiving actual notice that waste has escaped the vehicle, the 155.24 person or company transporting the waste fails to immediately 155.25 collect the waste; 155.26 (6) $50 per violation of rules adopted under section 155.27 116.49, relating to underground storage tank system design, 155.28 construction, installation, and notification requirements, up to 155.29 a maximum of $2,000; 155.30 (7) $250 per violation of rules adopted under section 155.31 116.49, relating to upgrading of existing underground storage 155.32 tank systems, up to a maximum of $2,000; 155.33 (8) $100 per violation of rules adopted under section 155.34 116.49, relating to underground storage tank system general 155.35 operating requirements, up to a maximum of $2,000; 155.36 (9) $250 per violation of rules adopted under section 156.1 116.49, relating to underground storage tank system release 156.2 detection requirements, up to a maximum of $2,000; 156.3 (10) $50 per violation of rules adopted under section 156.4 116.49, relating to out-of-service underground storage tank 156.5 systems and closure, up to a maximum of $2,000; and156.6 (11) $50 per violation of sections 116.48 to 116.491 156.7 relating to underground storage tank system notification, 156.8 monitoring, environmental protection, and tank installers 156.9 training and certification requirements, up to a maximum of 156.10 $2,000; 156.11 (12) $25 per gallon of oil or hazardous substance 156.12 discharged which is not reported or recovered under section 156.13 115.061, up to a maximum of $2,000; 156.14 (13) $1 per gallon of oil or hazardous substance being 156.15 stored, transported, or otherwise handled without the prevention 156.16 or preparedness measures required under chapter 115E, up to a 156.17 maximum of $2,000; and 156.18 (14) $250 per violation of Minnesota Rules, parts 7001.4200 156.19 to 7001.4300, or Minnesota Rules, chapter 7151, related to 156.20 aboveground storage tank systems, up to a maximum of $2,000. 156.21 Sec. 150. [116.915] [MERCURY REDUCTION.] 156.22 Subdivision 1. [GOAL.] It is the goal of the state to 156.23 reduce mercury contamination by reducing the release of mercury 156.24 into the air and water of the state by 60 percent from 1990 156.25 levels by December 31, 2000, and by 70 percent from 1990 levels 156.26 by December 31, 2005. The goal applies to the statewide total 156.27 of releases from existing and new sources of mercury. The 156.28 commissioner shall publish updated estimates of 1990 releases in 156.29 the State Register. 156.30 Subd. 2. [REDUCTION STRATEGIES.] The commissioner shall 156.31 implement the strategies recommended by the mercury 156.32 contamination reduction initiative advisory council and 156.33 identified on pages 31 to 42 of the Minnesota pollution control 156.34 agency's report entitled "Report on the Mercury Contamination 156.35 Reduction Initiative Advisory Council's Results and 156.36 Recommendations" as transmitted to the legislature by the 157.1 commissioner's letter dated March 15, 1999. The commissioner 157.2 shall solicit, by July 1, 1999, voluntary reduction agreements 157.3 from sources that emit more than 50 pounds of mercury per year. 157.4 Subd. 3. [PROGRESS REPORTS.] The commissioner, in 157.5 cooperation with the director of the office of environmental 157.6 assistance, shall submit progress reports to the legislature on 157.7 October 15, 2001, and October 15, 2005. The reports shall 157.8 address the state's success in meeting the mercury release 157.9 reduction goals of subdivision 1, and discuss whether different 157.10 voluntary or mandatory reduction strategies are needed. The 157.11 reports shall also discuss whether the reduction goals are still 157.12 appropriate given the most recent information regarding mercury 157.13 risks. 157.14 Sec. 151. Minnesota Statutes 1998, section 156.001, 157.15 subdivision 2, is amended to read: 157.16 Subd. 2. [ACCREDITED OR APPROVED COLLEGE OF VETERINARY 157.17 MEDICINE.] "Accredited or approved college of veterinary 157.18 medicine" means a veterinary college or division of a university 157.19 or college that offers the degree of doctor of veterinary 157.20 medicine or its equivalent and that conforms to the standards 157.21 required for accreditation or approval by the American 157.22 Veterinary Medical Association Council on Education. 157.23 Sec. 152. Minnesota Statutes 1998, section 156.001, 157.24 subdivision 3, is amended to read: 157.25 Subd. 3. [ANIMAL.] "Animal" does not include poultry or157.26 birds of any kind. 157.27 Sec. 153. Minnesota Statutes 1998, section 156.001, is 157.28 amended by adding a subdivision to read: 157.29 Subd. 5a. [FIRM.] "Firm" includes a corporation, limited 157.30 liability company, and limited liability partnership, wherever 157.31 incorporated, organized, or registered. 157.32 Sec. 154. Minnesota Statutes 1998, section 156.01, 157.33 subdivision 3, is amended to read: 157.34 Subd. 3. [OFFICERS.] The board shall elect from its number 157.35 a president and such other officers as are necessary, all from 157.36 within its membership. One person may hold the offices of both 158.1 secretary and treasurer. The board shall have a seal and the 158.2 power to subpoena witnesses, to administer oaths, and take 158.3 testimony. It shall make, alter, or amend suchrules as may be158.4 that are necessary to carry this chapter into effect the158.5 provisions of this chapter. It shall hold examinations for 158.6 applicants for license to engage in veterinary practice at a 158.7 time and place of its own choosing. Notice of suchan 158.8 examination shallmust be posted 90 days before the date set for 158.9 anthe examination in all veterinary schools approved by the 158.10 board in the state, and shallmust be published in the journal158.11 of the American Veterinary Medical Association.American 158.12 Association of Veterinary State Boards "Directory of Veterinary 158.13 Licensure Requirements." The board may hold suchother meetings 158.14 asit deems necessary; but no meeting shall exceed three days 158.15 duration. 158.16 Sec. 155. Minnesota Statutes 1998, section 156.02, 158.17 subdivision 1, is amended to read: 158.18 Subdivision 1. [LICENSE APPLICATION.] Application for a 158.19 license to practice veterinary medicine in this state shall be 158.20 made in writing to the board of veterinary medicine upon a form 158.21 furnished by the board, accompanied by satisfactory evidence 158.22 that the applicant is at least 18 years of age, is of good moral 158.23 character, and has one of the following: 158.24 (1) a diploma conferring the degree of doctor of veterinary 158.25 medicine, or an equivalent degree, from an accredited or 158.26 approved college of veterinary medicine; 158.27 (2) an ECFVG certificate; or 158.28 (3) a certificate from the dean of an accredited or 158.29 approved college of veterinary medicine stating that the 158.30 applicant is a student in good standing expecting to be 158.31 graduated at the completion of the current academic year of the 158.32 college in which the applicant is enrolled. 158.33 The application shall contain the information and material 158.34 required by subdivision 2 and any other information that the 158.35 board may, in its sound judgment, require. The application 158.36 shall be filed with the board at least 4560 days before the 159.1 date of the examination. If the board deems it advisable, it 159.2 may require that such application be verified by the oath of the 159.3 applicant. 159.4 Sec. 156. Minnesota Statutes 1998, section 156.02, 159.5 subdivision 2, is amended to read: 159.6 Subd. 2. [REQUIRED WITH APPLICATION.] Every application 159.7 shall contain the following information and material: 159.8 (1) the application fee set by the board in the form of a 159.9 check or money order payable to the board, which fee is not 159.10 returnable in the event permission to take the examination is 159.11 denied for good cause; 159.12 (2) a copy of a diploma from an accredited or approved 159.13 college of veterinary medicine or a certificate from the dean or 159.14 secretary of an accredited or approved college of veterinary 159.15 medicine showing the time spent in the school and the date when 159.16 the applicant was duly and regularly graduated or will duly and 159.17 regularly graduate or verification of ECFVG certification; 159.18 (3) affidavits of at least two veterinarians and three 159.19 adults who are not related to the applicant setting forth how 159.20 long a time, when, and under what circumstances they have known 159.21 the applicant, and any other facts as may be proper to enable 159.22 the board to determine the qualifications of the applicant; and 159.23 (4) if the applicant has served in the armed forces, a copy 159.24 of discharge papers. 159.25 Sec. 157. Minnesota Statutes 1998, section 156.03, is 159.26 amended to read: 159.27 156.03 [EXAMINATION; PAYMENT.] 159.28 Upon filing the application and any other papers, 159.29 affidavits, or proof that the board of veterinary medicine may 159.30 require, together with the payment to the board of a fee as set159.31 by the board, the board, if satisfied, shall issue to the159.32 applicant for license an order for examination. Every applicant159.33 for a license shall submit to a theoretical or practical159.34 examination, or both, as designated by the board. The159.35 examination may be oral, or written, or bothof the application 159.36 fee and appropriate examination fee as set by the board, the 160.1 board shall issue to the applicant a permit to take the national 160.2 examination in veterinary medicine and the Minnesota Veterinary 160.3 Jurisprudence Examination. All applicants must be evaluated 160.4 using an examination prescribed by the board. A passing score 160.5 for the national examination must be the criterion referenced 160.6 passing score as determined by the National Board Examination 160.7 Committee. 160.8 Sec. 158. Minnesota Statutes 1998, section 156.072, is 160.9 amended to read: 160.10 156.072 [NONRESIDENTS; LICENSES.] 160.11 Subdivision 1. [APPLICATION.] A doctor of veterinary 160.12 medicine duly admitted to practice in any of the other states or160.13 territories or District of Columbiastate, commonwealth, 160.14 territory, or district of the United States or province of 160.15 Canada desiring permission to practice veterinary medicine in 160.16 this state shall submit an application to the board upon forms 160.17 prescribed by the board. Upon proof of licensure to practice in 160.18 any other state or territory or in the District of160.19 ColumbiaUnited States or Canadian jurisdiction and having been 160.20 actively engaged in practicing veterinary medicine therein, for 160.21 at least three of the five years next preceding the application, 160.22 or having been engaged in full time teaching of veterinary 160.23 medicine in an approved or accredited college for at least three 160.24 of the five years next preceding the application, or any 160.25 combination thereof, the national examination in veterinary 160.26 medicine may be waived, upon the recommendation of the board, 160.27 and the applicant be admitted to practice without examination. 160.28 However, the board may impose any other tests asexaminations it 160.29 considers proper. 160.30 Subd. 2. [REQUIRED WITH APPLICATION.] Such doctor of 160.31 veterinary medicine shall accompany the application by the 160.32 following: 160.33 (1) a copy of a diploma from an accredited or approved 160.34 college of veterinary medicine or certification from the dean, 160.35 registrar, or secretary of an accredited or approved college of 160.36 veterinary medicine attesting to the applicants graduation from 161.1 an accredited or approved college of veterinary medicine, or a 161.2 certificate of satisfactory completion of the ECFVG program. 161.3 (2) affidavits of two licensed practicing doctors of 161.4 veterinary medicine of the state, territory or District of161.5 Columbia so certifyingresiding in the United States or Canadian 161.6 licensing jurisdiction in which the applicant is currently 161.7 practicing, attesting that they are well acquainted with such161.8 the applicant, that the applicant is a person of good moral 161.9 character, and has been actively engaged in practicing or 161.10 teaching as the case may bein such state, territory, or161.11 District of Columbiajurisdiction for the period above 161.12 prescribed; 161.13 (2)(3) a certificate from the regulatory agency having 161.14 jurisdiction over the conduct of practice of veterinary medicine 161.15 that such applicant is in good standing and is not the subject 161.16 of disciplinary action or pending disciplinary action; 161.17 (3)(4) a certificate from all other jurisdictions in which 161.18 the applicant holds a currently active license or held a license 161.19 within the past ten years, stating that the applicant is and was 161.20 in good standing and has not been subject to disciplinary 161.21 action; and161.22 (4)(5) in lieu of clauses (3) and (4), certification from 161.23 the Veterinary Information Verification Agency that the 161.24 applicant's licensure is in good standing; 161.25 (6) a fee as set by the board in form of check or money 161.26 order payable to the board, no part of which shall be refunded 161.27 should the application be denied; 161.28 (7) score reports on previously taken national examinations 161.29 in veterinary medicine, certified by the Veterinary Information 161.30 Verification Agency; and 161.31 (8) if requesting waiver of examination, provide evidence 161.32 of meeting licensure requirements in the state of the 161.33 applicant's original licensure that were substantially equal to 161.34 the requirements for licensure in Minnesota in existence at that 161.35 time. 161.36 Subd. 3. [EXAMINATION.] A doctor of veterinary medicine 162.1 duly admitted to practice in any of the other states or162.2 territories or in the District of Columbiastate, commonwealth, 162.3 territory, or district of the United States or province of 162.4 Canada desiring admission to practice in this state but who has 162.5 not been actively engaged in the practice thereof for at least 162.6 three of the preceding five years must be examined for admission 162.7 in accordance with the requirements prescribed herein for those 162.8 not admitted to practice anywhere. 162.9 Subd. 4. [TEMPORARY PERMIT.] The board may issue without 162.10 examination a temporary permit to practice veterinary medicine 162.11 in this state to a person who has submitted an application 162.12 approved by the board for license pending examination, and holds 162.13 a doctor of veterinary medicine degree or an equivalent degree 162.14 from an approved or accredited veterinarycollege of veterinary 162.15 medicine or an ECFVG certification. The temporary permit shall 162.16 expire the day after publication of the notice of results of the 162.17 first examination given after the permit is issued. No 162.18 temporary permit may be issued to any applicant who has 162.19 previously failed the national examination in this state or in162.20 any other state, territory, or district of the United States or162.21 a foreign countryand is currently not licensed in any licensing 162.22 jurisdiction of the United States or Canada or to any person 162.23 whose license has been revoked or suspended or who is currently 162.24 subject to a disciplinary order in any licensing jurisdiction of 162.25 the United States or Canada. 162.26 Sec. 159. [156.074] [TEMPORARY LICENSE.] 162.27 A graduate of a nonaccredited or approved college of 162.28 veterinary medicine, who has satisfactorily completed the fourth 162.29 year of clinical study at an approved or accredited college of 162.30 veterinary medicine and has successfully passed the national 162.31 examination in veterinary medicine and the Minnesota Veterinary 162.32 Jurisprudence Examination, and is enrolled in the ECFVG program, 162.33 may be granted a temporary license. The holder of a temporary 162.34 license issued under these provisions must practice under the 162.35 supervision of a Minnesota licensed veterinarian. The temporary 162.36 license is valid until the candidate obtains ECFVG certification 163.1 or for a maximum of two years from the date of issue. 163.2 Sec. 160. Minnesota Statutes 1998, section 156.10, is 163.3 amended to read: 163.4 156.10 [UNLAWFUL PRACTICE WITHOUT LICENSE OR PERMIT; GROSS 163.5 MISDEMEANOR.] 163.6 It shall be unlawfulis a gross misdemeanor for any person 163.7 to practice veterinary medicine in the state without having 163.8 first secured a veterinary license or temporary permit, as 163.9 provided in this chapter , and any person violating the163.10 provisions of this section shall be guilty of a gross163.11 misdemeanor and punished therefor according to the laws of the163.12 state. 163.13 Sec. 161. Minnesota Statutes 1998, section 156.11, is 163.14 amended to read: 163.15 156.11 [ CORPORATIONSFIRMS NOT TO PRACTICE.] 163.16 (a) It shall beis unlawful in the state ofMinnesota for 163.17 any corporationfirm, other than one organized pursuant to 163.18 chapter 319A or319B, to practice veterinary medicine, or to 163.19 hold itself out or advertise itself in any way as being entitled 163.20 to practice veterinary medicine, or to receive the fees, or163.21 portions of fees, or gifts or other emoluments or163.22 benefitscompensation derived from the practice of veterinary 163.23 medicine ,or the performance of veterinary services by any 163.24 person, whether suchthat person beis licensed to practice 163.25 veterinary medicine or not. Any corporationfirm violating the 163.26 provisions of this section shall beis guilty of a gross 163.27 misdemeanor and must be fined not more than $3,000 for each 163.28 offense , and. Each day that this chaptersection is violated 163.29 shall be consideredis a separate offense. 163.30 (b) Notwithstanding section 319B.08, a veterinary medical 163.31 practice firm has 12 months after the death of an owner before 163.32 all of the owner's ownership interest must be acquired by the 163.33 practice, by persons permitted to own the ownership interest, or 163.34 by some combination. 163.35 Sec. 162. Minnesota Statutes 1998, section 156.12, 163.36 subdivision 2, is amended to read: 164.1 Subd. 2. [AUTHORIZED ACTIVITIES.] No provision of this 164.2 chapter shall be construed to prohibit: 164.3 (a) a person from rendering necessary gratuitous assistance 164.4 in the treatment of any animal when the assistance does not 164.5 amount to prescribing, testing for, or diagnosing, operating, or 164.6 vaccinating and when the attendance of a licensed veterinarian 164.7 cannot be procured; 164.8 (b) a person who is a regular student in an accredited or 164.9 approved college of veterinary medicine from performing duties 164.10 or actions assigned by instructors or preceptors or working 164.11 under the direct supervision of a licensed veterinarian; 164.12 (c) a veterinarian regularly licensed in another 164.13 jurisdiction from consulting with a licensed veterinarian in 164.14 this state; 164.15 (d) the owner of an animal and the owner's regular employee 164.16 from caring for and treatingadministering to the animal 164.17 belonging to the owner, except where the ownership of the animal 164.18 was transferred for purposes of circumventing this chapter; 164.19 (e) veterinarians employed by the University of Minnesota 164.20 from performing their duties with the college of veterinary 164.21 medicine, college of agriculture, agricultural experiment 164.22 station, agricultural extension service, medical school, school 164.23 of public health, or other unit within the university; or a 164.24 person from lecturing or giving instructions or demonstrations 164.25 at the university or in connection with a continuing education 164.26 course or seminar to veterinarians; 164.27 (f) any person from selling or applying any pesticide, 164.28 insecticide or herbicide; 164.29 (g) any person from engaging in bona fide scientific 164.30 research or investigations which reasonably requires 164.31 experimentation involving animals; 164.32 (h) any employee of a licensed veterinarian from performing 164.33 duties other than diagnosis, prescription or surgical correction 164.34 under the direction and supervision of the veterinarian, who 164.35 shall be responsible for the performance of the employee; 164.36 (i) a graduate of a foreign college of veterinary medicine 165.1 from working under the direct personal instruction, control, or 165.2 supervision of a veterinarian faculty member of the College of 165.3 Veterinary Medicine, University of Minnesota in order to 165.4 complete the requirements necessary to obtain an ECFVG 165.5 certificate. 165.6 Sec. 163. Minnesota Statutes 1998, section 156.12, 165.7 subdivision 4, is amended to read: 165.8 Subd. 4. [TITLES.] It shall beis unlawful for a person 165.9 who has not received a professional degree from an accredited or 165.10 approved college of veterinary medicine, or ECFVG certification, 165.11 to use any of the following titles or designations: Veterinary, 165.12 veterinarian, animal doctor, animal surgeon, animal 165.13 dentist, animal chiropractor, animal acupuncturist, or any other 165.14 title, designation, word, letter, abbreviation, sign, card, or 165.15 device tending to indicate that the person is qualified to 165.16 practice veterinary medicine. 165.17 Sec. 164. Minnesota Statutes 1998, section 169.121, 165.18 subdivision 3, is amended to read: 165.19 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this section: 165.20 (1) "Prior impaired driving conviction" means a prior 165.21 conviction under: 165.22 (i) this section; Minnesota Statutes 1996, section 84.91, 165.23 subdivision 1, paragraph (a), or 86B.331, subdivision 1, 165.24 paragraph (a); section 169.1211; section 169.129; or section 165.25 360.0752; 165.26 (ii) section 609.21, subdivision 1, clauses (2) to (6); 165.27 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 165.28 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 165.29 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 165.30 (iii) an ordinance from this state, or a statute or 165.31 ordinance from another state, in conformity with any provision 165.32 listed in item (i) or (ii). 165.33 A prior impaired driving conviction also includes a prior 165.34 juvenile adjudication that would have been a prior impaired 165.35 driving conviction if committed by an adult. 165.36 (2) "Prior license revocation" means a driver's license 166.1 suspension, revocation, cancellation, denial, or 166.2 disqualification under: 166.3 (i) this section or section 169.1211, 169.123, 171.04, 166.4 171.14, 171.16, 171.165, 171.17, or 171.18 because of an 166.5 alcohol-related incident; 166.6 (ii) section 609.21, subdivision 1, clauses (2) to (6); 166.7 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 166.8 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 166.9 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 166.10 (iii) an ordinance from this state, or a statute or 166.11 ordinance from another state, in conformity with any provision 166.12 listed in item (i) or (ii). 166.13 "Prior license revocation" also means the revocation of 166.14 snowmobile or all-terrain vehicle operating privileges under 166.15 section 84.911, or motorboat operating privileges under section 166.16 86B.335, for violations that occurred on or after August 1, 1995166.17 1994; the revocation of snowmobile or all-terrain vehicle 166.18 operating privileges under section 84.91; or the revocation of 166.19 motorboat operating privileges under section 86B.331. 166.20 (b) A person who violates subdivision 1, clause (a), (b), 166.21 (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 166.22 in conformity with any of them, is guilty of a misdemeanor. 166.23 (c) A person is guilty of a gross misdemeanor under any of 166.24 the following circumstances: 166.25 (1) the person violates subdivision 1, clause (f); 166.26 (2) the person violates subdivision 1, clause (a), (b), 166.27 (c), (d), (e), (g), or (h), or subdivision 1a, within five years 166.28 of a prior impaired driving conviction or a prior license 166.29 revocation; 166.30 (3) the person violates section 169.26 while in violation 166.31 of subdivision 1; or 166.32 (4) the person violates subdivision 1 or 1a while a child 166.33 under the age of 16 is in the vehicle, if the child is more than 166.34 36 months younger than the violator. 166.35 A person convicted of a gross misdemeanor under this 166.36 paragraph is subject to the mandatory penalties provided in 167.1 subdivision 3d. 167.2 (d) A person is guilty of an enhanced gross misdemeanor 167.3 under any of the following circumstances: 167.4 (1) the person violates subdivision 1, clause (f), or 167.5 commits a violation described in paragraph (c), clause (3) or 167.6 (4), within ten years of one or more prior impaired driving 167.7 convictions or prior license revocations; 167.8 (2) the person violates subdivision 1, clause (a), (b), 167.9 (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 167.10 of the first of two or more prior impaired driving convictions, 167.11 two or more prior license revocations, or any combination of two 167.12 or more prior impaired driving convictions and prior license 167.13 revocations, based on separate incidents. 167.14 A person convicted of an enhanced gross misdemeanor under 167.15 this paragraph may be sentenced to imprisonment in a local 167.16 correctional facility for not more than two years or to payment 167.17 of a fine of not more than $3,000, or both. Additionally, the 167.18 person is subject to the applicable mandatory penalties provided 167.19 in subdivision 3e. 167.20 (e) The court shall notify a person convicted of violating 167.21 subdivision 1 or 1a that the registration plates of the person's 167.22 motor vehicle may be impounded under section 168.042 and the 167.23 vehicle may be subject to forfeiture under section 169.1217 upon 167.24 a subsequent conviction for violating this section, section 167.25 169.129, or section 171.24, or a subsequent license revocation 167.26 under section 169.123. The notice must describe the conduct and 167.27 the time periods within which the conduct must occur in order to 167.28 result in plate impoundment or forfeiture. The failure of the 167.29 court to provide this information does not affect the 167.30 applicability of the plate impoundment or the forfeiture 167.31 provision to that person. 167.32 (f) The attorney in the jurisdiction in which the violation 167.33 occurred who is responsible for prosecution of misdemeanor 167.34 violations of this section shall also be responsible for 167.35 prosecution of gross misdemeanor and enhanced gross misdemeanor 167.36 violations of this section. 168.1 (g) The court must impose consecutive sentences when it 168.2 sentences a person for a violation of this section or section 168.3 169.129 arising out of separate behavioral incidents. The court 168.4 also must impose a consecutive sentence when it sentences a 168.5 person for a violation of this section or section 169.129 and 168.6 the person, at the time of sentencing, is on probation for, or 168.7 serving, an executed sentence for a violation of this section or 168.8 section 169.129 and the prior sentence involved a separate 168.9 behavioral incident. The court also may order that the sentence 168.10 imposed for a violation of this section or section 169.129 shall 168.11 run consecutively to a previously imposed misdemeanor, gross 168.12 misdemeanor, or felony sentence for a violation other than this 168.13 section or section 169.129. 168.14 (h) When the court stays the sentence of a person convicted 168.15 under this section, the length of the stay is governed by 168.16 section 609.135, subdivision 2. 168.17 (i) The court may impose consecutive sentences for offenses 168.18 arising out of a single course of conduct as permitted in 168.19 section 609.035, subdivision 2. 168.20 (j) When an attorney responsible for prosecuting gross 168.21 misdemeanors or enhanced gross misdemeanors under this section 168.22 requests criminal history information relating to prior impaired 168.23 driving convictions from a court, the court must furnish the 168.24 information without charge. 168.25 (k) A violation of subdivision 1a may be prosecuted either 168.26 in the jurisdiction where the arresting officer observed the 168.27 defendant driving, operating, or in control of the motor vehicle 168.28 or in the jurisdiction where the refusal occurred. 168.29 Sec. 165. Minnesota Statutes 1998, section 169.1217, 168.30 subdivision 9, is amended to read: 168.31 Subd. 9. [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 168.32 vehicle is administratively forfeited under subdivision 7a, or 168.33 if the court finds under subdivision 8 that the vehicle is 168.34 subject to forfeiture under subdivisions 6 and 7, the 168.35 appropriate agency shall: 168.36 (1) sell the vehicle and distribute the proceeds under 169.1 paragraph (b); or 169.2 (2) keep the vehicle for official use. If the agency keeps 169.3 a forfeited motor vehicle for official use, it shall make 169.4 reasonable efforts to ensure that the motor vehicle is available 169.5 for use by the agency's officers who participate in the drug 169.6 abuse resistance education program. 169.7 (b) The proceeds from the sale of forfeited vehicles, after 169.8 payment of seizure, storage, forfeiture, and sale expenses, and 169.9 satisfaction of valid liens against the property, must be 169.10 forwarded to the treasury of the political subdivision that 169.11 employs the appropriate agency responsible for the forfeiture 169.12 for use in DWI-related enforcement, training and education. If 169.13 the appropriate agency is an agency of state government, the net 169.14 proceeds must be forwarded to the state treasury and credited to 169.15 the general fund.169.16 (c) The proceeds from the sale of forfeited off-road169.17 recreational vehicles and motorboats, after payment of seizure,169.18 storage, forfeiture, and sale expenses, and satisfaction of169.19 valid liens against the property, must be forwarded to the state169.20 treasury and credited to thefollowing funds: 169.21 (1) if the forfeited vehicle is a motorboat, the net 169.22 proceeds must be credited to the water recreation account in the 169.23 natural resources fund; 169.24 (2) if the forfeited vehicle is a snowmobile, the net 169.25 proceeds must be credited to the snowmobile trails and 169.26 enforcement account in the natural resources fund; 169.27 (3) if the forfeited vehicle is an all-terrain vehicle, the 169.28 net proceeds must be credited to the all-terrain vehicle account 169.29 in the natural resources fund; 169.30 (4) if the forfeited vehicle is an off-highway motorcycle, 169.31 the net proceeds must be credited to the off-highway motorcycle 169.32 account in the natural resources fund; 169.33 (5) if the forfeited vehicle is an off-road vehicle, the 169.34 net proceeds must be credited to the off-road vehicle account in 169.35 the natural resources fund; and 169.36 (6) if otherwise, the net proceeds must be credited to the 170.1 general fund. 170.2 Sec. 166. Minnesota Statutes 1998, section 169.123, 170.3 subdivision 1, is amended to read: 170.4 Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of 170.5 this section, section 169.121, and section 169.1211, the term 170.6 peace officer means (1) a state patrol officer, (2) University 170.7 of Minnesota peace officer, (3) a constable as defined in 170.8 section 367.40, subdivision 3, (4) police officer of any 170.9 municipality, including towns having powers under section 170.10 368.01, or county, and (5) for purposes of violations of those 170.11 sections in or on an off-road recreational vehicle or motorboat, 170.12 or for violations of section 97B.065 or 97B.066, a state 170.13 conservation officer. 170.14 Sec. 167. Minnesota Statutes 1998, section 171.07, 170.15 subdivision 12, is amended to read: 170.16 Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 170.17 department shall maintain in its records information transmitted 170.18 electronically from the commissioner of natural resources 170.19 identifying each person to whom the commissioner has issued a 170.20 snowmobile safety certificate. The records transmitted from the 170.21 department of natural resources must contain the full name and 170.22 date of birth as required for the driver's license or 170.23 identification card. Records that are not matched to a driver's 170.24 license or identification card record may be deleted after seven 170.25 years. 170.26 (b) After receiving information under paragraph (a) that a 170.27 person has received a snowmobile safety certificate, the 170.28 department shall include, on all drivers' licenses or Minnesota 170.29 identification cards subsequently issued to the person, a 170.30 graphic or written indication that the person has received the 170.31 certificate. 170.32 (c) If a person who has received a snowmobile safety 170.33 certificate applies for a driver's license or Minnesota 170.34 identification card before that information has been transmitted 170.35 to the department, the department may accept a copy of the 170.36 certificate as proof of its issuance and shall then follow the 171.1 procedures in paragraph (b). 171.2 Sec. 168. Minnesota Statutes 1998, section 171.07, 171.3 subdivision 13, is amended to read: 171.4 Subd. 13. [FIREARMS SAFETY DESIGNATION.] (a) When an 171.5 applicant has a record transmitted to the department as 171.6 described in paragraph (c) or presents a firearms safety 171.7 certificate issued for successfully completing a firearms safety 171.8 course administered under section 97B.015, voluntarilyand 171.9 requests a driver's license or identification card described in 171.10 paragraph (b), pays the required fees, and otherwise qualifies,171.11 the department shall issue, renew, or reissue to the applicant a 171.12 driver's license or Minnesota identification card described in 171.13 paragraph (b). 171.14 (b) Pursuant to paragraph (a), the department shall issue a 171.15 driver's license or Minnesota identification card bearing a 171.16 designation or symbolic representation, as designed by the171.17 commissioner in consultation with the commissioner of natural171.18 resources, indicatinggraphic or written indication that the 171.19 applicant has successfully completed a firearms safety 171.20 course and is knowledgeable in firearms safetyadministered 171.21 under section 97B.015. 171.22 (c) The department shall maintain in its records 171.23 information transmitted electronically from the commissioner of 171.24 natural resources identifying each person to whom the 171.25 commissioner has issued a firearms safety certificate. The 171.26 records transmitted from the department of natural resources 171.27 must contain the full name and date of birth as required for the 171.28 driver's license or identification card. Records that are not 171.29 matched to a driver's license or identification card record may 171.30 be deleted after seven years. 171.31 Sec. 169. Minnesota Statutes 1998, section 223.17, 171.32 subdivision 3, is amended to read: 171.33 Subd. 3. [GRAIN BUYERS AND STORAGE FUNDACCOUNT; FEES.] 171.34 The commissioner shall set the fees for inspections under 171.35 sections 223.15 to 223.22 at levels necessary to pay the 171.36 expenses of administering and enforcing sections 223.15 to 172.1 223.22. These fees may be adjusted pursuant to the provisions 172.2 of section 16A.1285. 172.3 The fee for any license issued or renewed after June 30, 172.4 1997, shall be set according to the following schedule: 172.5 (a) $100 plus $50 for each additional location for grain 172.6 buyers whose gross annual purchases are less than $100,000; 172.7 (b) $200 plus $50 for each additional location for grain 172.8 buyers whose gross annual purchases are at least $100,000, but 172.9 not more than $750,000; 172.10 (c) $300 plus $100 for each additional location for grain 172.11 buyers whose gross annual purchases are more than $750,000 but 172.12 not more than $1,500,000; 172.13 (d) $400 plus $100 for each additional location for grain 172.14 buyers whose gross annual purchases are more than $1,500,000 but 172.15 not more than $3,000,000; and 172.16 (e) $500 plus $100 for each additional location for grain 172.17 buyers whose gross annual purchases are more than $3,000,000. 172.18 There is created inthe state treasury thegrain buyers and 172.19 storage account in the agricultural fund. Money collected 172.20 pursuant to sections 223.15 to 223.19 shall be paid into the 172.21 state treasury and credited to the grain buyers and storage fund172.22 account and is appropriated to the commissioner for the 172.23 administration and enforcement of sections 223.15 to 223.22. 172.24 Sec. 170. Minnesota Statutes 1998, section 231.16, is 172.25 amended to read: 172.26 231.16 [WAREHOUSE OPERATOR TO OBTAIN LICENSE.] 172.27 Every person desiring to engage in the business of 172.28 warehouse operator, before engaging therein, shall be licensed 172.29 annually by, and shall be under the supervision and subject to 172.30 the inspection of, the department. Written application in the 172.31 form prescribed by the department shall be made to the 172.32 department for license, specifying the city in which it is 172.33 proposed to carry on the business of warehousing, the location, 172.34 size, character, and equipment of the buildings or premises to 172.35 be used by the warehouse operator, the kind of goods, wares, and 172.36 merchandise intended to be stored therein, the name of the 173.1 person or corporation operating the same, and of each member of 173.2 the firm or officer of the corporation, and any other facts 173.3 necessary to satisfy the department that the property proposed 173.4 to be used is suitable for warehouse purposes and that the 173.5 warehouse operator making the application is qualified to carry 173.6 on the business of warehousing. Should the department decide 173.7 that the building or other property proposed to be used as a 173.8 warehouse is suitable for the proposed purpose and that the 173.9 applicants are entitled to a license, notice of the decision 173.10 shall be given the interested parties and, upon the applicants 173.11 filing with the department the necessary bond, as provided for 173.12 in this chapter, the department shall issue the license provided 173.13 for, upon payment of the license fee, as in this section 173.14 provided. A warehouse operator to whom a license is issued 173.15 shall pay for the license a fee based on the storage capacity of 173.16 the warehouse as follows: 173.17 Storage capacity in square feet 173.18 (1) 5,000 or less $ 80 173.19 (2) 5,001 to 10,000 $155 173.20 (3) 10,001 to 20,000 $250 173.21 (4) 20,001 to 100,000 $315 173.22 (5) 100,001 to 200,000 $410 173.23 (6) over 200,000 $470 173.24 Fees collected under this chapter shall be paid into the 173.25 grain buyers and storage fundaccount established in section 173.26 232.22. 173.27 The license shall be renewed annually on or before July 1, 173.28 and always upon payment of the full license fee, as provided for 173.29 in this section for such renewal; and no license shall be issued 173.30 for any portion of a year for less than the full amount of the 173.31 license fee, as provided for in this section. Each license 173.32 obtained under this chapter shall be publicly displayed in the 173.33 main office of the place of business of the warehouse operator 173.34 to whom it is issued. The license shall authorize the warehouse 173.35 operator to carry on the business of warehousing only in the one 173.36 city or town named in the application and in the buildings 174.1 therein described. The department, without requiring an 174.2 additional bond and license, may issue permits from time to time 174.3 to any warehouse operator already duly licensed under the 174.4 provisions of this chapter to operate an additional warehouse in 174.5 the same city or town for which the original license was issued 174.6 during the term thereof, upon the filing an application for a 174.7 permit in the form prescribed by the department. 174.8 License may be refused for good cause shown and revoked by 174.9 the department for violation of law or of any rule by it 174.10 prescribed, upon notice and after hearing. 174.11 Sec. 171. Minnesota Statutes 1998, section 232.22, 174.12 subdivision 3, is amended to read: 174.13 Subd. 3. [FEES; GRAIN BUYERS AND STORAGE FUNDACCOUNT.] 174.14 There is created in the state treasuryagricultural fund an 174.15 account known as the grain buyers and storage fundaccount. The 174.16 commissioner shall set the fees for inspections, certifications 174.17 and licenses under sections 232.20 to 232.25 at levels necessary 174.18 to pay the costs of administering and enforcing sections 232.20 174.19 to 232.25. All money collected pursuant to sections 232.20 to 174.20 232.25 and chapters 233 and 236 shall be paid by the 174.21 commissioner into the state treasury and credited to the grain 174.22 buyers and storage fundaccount and is appropriated to the 174.23 commissioner for the administration and enforcement of sections 174.24 232.20 to 232.25 and chapters 233 and 236. All money collected 174.25 pursuant to chapter 231 shall be paid by the commissioner into 174.26 the grain buyers and storage fundaccount and is appropriated to 174.27 the commissioner for the administration and enforcement of 174.28 chapter 231. 174.29 Sec. 172. Minnesota Statutes 1998, section 233.08, is 174.30 amended to read: 174.31 233.08 [LICENSE.] 174.32 No public terminal warehouse may be operated or receive 174.33 grain for storage until the owners or parties in charge and 174.34 operating the warehouse obtain a license from the department 174.35 authorizing the warehouse operator to operate a warehouse under 174.36 this chapter. Licenses issued or renewed annually expire at 175.1 midnight on June 30 following the date of issuance or renewal. 175.2 Before a license may be issued, written application must be made 175.3 to the department for a license specifying the kind of 175.4 warehouse, the nature of its construction, its capacity and 175.5 location, the name of the firm or corporation operating it, each 175.6 member of the firm or officer of the corporation, and other 175.7 facts the department requires. The department shall act on the 175.8 application with reasonable dispatch. If no reason exists for 175.9 refusing the application, a license must be issued upon the 175.10 payment of the fee set by the commissioner. The amount of the 175.11 fee must be set to cover the costs of administering and 175.12 enforcing this chapter. 175.13 A license may be revoked by the department for violation of 175.14 the law or a rule of the department, but may only be revoked 175.15 upon a written notice or complaint specifying the charges and 175.16 after a hearing before the department. A license may be refused 175.17 to a warehouse operator whose license has been revoked within 175.18 the preceding year. 175.19 Fees collected under this chapter must be paid into the 175.20 grain buyers and storage fundaccount established in section 175.21 232.22. 175.22 Sec. 173. Minnesota Statutes 1998, section 236.02, 175.23 subdivision 4, is amended to read: 175.24 Subd. 4. [FEES.] The license fee must be set by the 175.25 commissioner in an amount sufficient to cover the costs of 175.26 administering and enforcing this chapter. Fees collected under 175.27 this chapter must be paid into the grain buyers and storage fund175.28 account established in section 232.22. 175.29 Sec. 174. Minnesota Statutes 1998, section 239.791, 175.30 subdivision 1, is amended to read: 175.31 Subdivision 1. [MINIMUM OXYGEN CONTENT REQUIRED.] Except 175.32 as provided in subdivisions 10 to 1214, a person responsible 175.33 for the product shall comply with the following requirements: 175.34 (a) After October 1, 1995, gasoline sold or offered for 175.35 sale at any time in a carbon monoxide control area must contain 175.36 at least 2.7 percent oxygen by weight. 176.1 (b) After October 1, 1997, all gasoline sold or offered for 176.2 sale in Minnesota must contain at least 2.7 percent oxygen by 176.3 weight. 176.4 Sec. 175. Minnesota Statutes 1998, section 239.791, 176.5 subdivision 12, is amended to read: 176.6 Subd. 12. [EXEMPTION FOR COLLECTOR VEHICLE AND OFF-ROAD 176.7 USE.] (a) Except during a carbon monoxide control period in a176.8 carbon monoxide control area,A person responsible for the 176.9 product may offer for sale, sell, or dispense at a retail 176.10 gasoline station for use in collector vehicles or vehicles 176.11 eligible to be licensed as collector vehicles, off-road 176.12 vehicles, motorcycles, boats, snowmobiles, or small engines, 176.13 gasoline that is not oxygenated in accordance with subdivision 1 176.14 if the person meets the conditions in paragraphs (b) 176.15 to (d)(e). If the nonoxygenated gasoline is for use in a small 176.16 engine, it must be dispensed into a can with a capacity of six 176.17 or fewer gallons. 176.18 (b) The nonoxygenated gasoline must be unleaded premium 176.19 grade as defined in section 239.751, subdivision 4. 176.20 (c) No more than one storage tank on the premises of the 176.21 retail gasoline station may be used for storage of the 176.22 nonoxygenated gasoline offered for sale, sold, or dispensed by 176.23 the station. 176.24 (d) The pump stands must be posted with a permanent notice 176.25 stating: "NONOXYGENATED GASOLINE. FOR USE IN COLLECTOR 176.26 VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR 176.27 VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR 176.28 SMALL ENGINES ONLY." 176.29 (e) For a retail gasoline station located in the county of 176.30 Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, 176.31 Washington, or Wright, a person responsible for the product must 176.32 annually register with the director, on forms provided by the 176.33 director, an intent to sell nonoxygenated gasoline during the 176.34 period of October 1 through January 31. Such person must 176.35 register on or before August 1 of each year, and must report to 176.36 the director before April 1 of the following year the total 177.1 number of gallons of nonoxygenated premium grade gasoline sold 177.2 during the period of October 1 through January 31. Data 177.3 submitted to the department under this paragraph shall be 177.4 considered nonpublic data as defined in section 13.02, 177.5 subdivision 13. 177.6 Sec. 176. Minnesota Statutes 1998, section 239.791, is 177.7 amended by adding a subdivision to read: 177.8 Subd. 13. [EXEMPTION FOR CERTAIN RIPARIAN LANDOWNERS.] (a) 177.9 A person responsible for the product may offer for sale, sell, 177.10 and deliver directly to a bulk fuel storage tank gasoline that 177.11 is not oxygenated in accordance with subdivision 1 if the 177.12 conditions in paragraphs (b) to (e) are met. 177.13 (b) The nonoxygenated gasoline must be unleaded premium 177.14 grade as defined in section 239.751, subdivision 4. 177.15 (c) The bulk fuel storage tank must be stationary or 177.16 permanent. 177.17 (d) The bulk fuel storage tank must be under the control of 177.18 an owner of littoral or riparian property and located on that 177.19 littoral or riparian property. 177.20 (e) The nonoxygenated gasoline must be purchased for use in 177.21 vehicles that would qualify for an exemption under subdivision 177.22 12, paragraph (a). 177.23 Sec. 177. Minnesota Statutes 1998, section 239.791, is 177.24 amended by adding a subdivision to read: 177.25 Subd. 14. [EXEMPTION FOR AIRCRAFT OPERATORS.] A person 177.26 responsible for the product may offer for sale, sell, and 177.27 deliver directly to a bulk fuel storage tank gasoline that is 177.28 not oxygenated in accordance with subdivision 1 for use in 177.29 aircraft if the nonoxygenated gasoline is unleaded premium grade 177.30 as defined in section 239.751, subdivision 4. 177.31 Sec. 178. Minnesota Statutes 1998, section 290.431, is 177.32 amended to read: 177.33 290.431 [NONGAME WILDLIFE CHECKOFF.] 177.34 Every individual who files an income tax return or property 177.35 tax refund claim form may designate on their original return 177.36 that $1 or more shall be added to the tax or deducted from the 178.1 refund that would otherwise be payable by or to that individual 178.2 and paid into an account to be established for the management of 178.3 nongame wildlife. The commissioner of revenue shall, on the 178.4 income tax return and the property tax refund claim form, notify 178.5 filers of their right to designate that a portion of their tax 178.6 or refund shall be paid into the nongame wildlife management 178.7 account. The sum of the amounts so designated to be paid shall 178.8 be credited to the nongame wildlife management account for use 178.9 by the nongame program of the section of wildlife in the 178.10 department of natural resources. All interest earned on money 178.11 accrued, gifts to the program, contributions to the program, and 178.12 reimbursements of expenditures in the nongame wildlife 178.13 management account shall be credited to the account by the state 178.14 treasurer. The commissioner of natural resources shall submit a 178.15 work program for each fiscal year and semiannual progress 178.16 reports to the legislative commission on Minnesota resources in 178.17 the form determined by the commission. None of the money 178.18 provided in this section may be expended unless the commission 178.19 has approved the work program. 178.20 The state pledges and agrees with all contributors to the 178.21 nongame wildlife management account to use the funds contributed 178.22 solely for the management of nongame wildlife projects and 178.23 further agrees that it will not impose additional conditions or 178.24 restrictions that will limit or otherwise restrict the ability 178.25 of the commissioner of natural resources to use the available 178.26 funds for the most efficient and effective management of nongame 178.27 wildlife. 178.28 Sec. 179. Minnesota Statutes 1998, section 290.432, is 178.29 amended to read: 178.30 290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 178.31 A corporation that files an income tax return may designate 178.32 on its original return that $1 or more shall be added to the tax 178.33 or deducted from the refund that would otherwise be payable by 178.34 or to that corporation and paid into the nongame wildlife 178.35 management account established by section 290.431 for use by the 178.36 section of wildlife in the department of natural resources for 179.1 its nongame wildlife program. The commissioner of revenue 179.2 shall, on the corporate tax return, notify filers of their right 179.3 to designate that a portion of their tax return be paid into the 179.4 nongame wildlife management account for the protection of 179.5 endangered natural resources. All interest earned on money 179.6 accrued, gifts to the program, contributions to the program, and 179.7 reimbursements of expenditures in the nongame wildlife 179.8 management account shall be credited to the account by the state 179.9 treasurer. The commissioner of natural resources shall submit a 179.10 work program for each fiscal year to the legislative commission 179.11 on Minnesota resources in the form determined by the 179.12 commission. None of the money provided in this section may be 179.13 spent unless the commission has approved the work program. 179.14 The state pledges and agrees with all corporate 179.15 contributors to the nongame wildlife account to use the funds 179.16 contributed solely for the nongame wildlife program and further 179.17 agrees that it will not impose additional conditions or 179.18 restrictions that will limit or otherwise restrict the ability 179.19 of the commissioner of natural resources to use the available 179.20 funds for the most efficient and effective management of those 179.21 programs. 179.22 Sec. 180. Minnesota Statutes 1998, section 296A.18, 179.23 subdivision 3, is amended to read: 179.24 Subd. 3. [SNOWMOBILE.] Approximately one percent in fiscal179.25 years 1998 and 1999, and three-fourths of one percent179.26 thereafter,of all gasoline received in and produced or brought 179.27 into this state, except gasoline used for aviation purposes, is 179.28 being used as fuel for the operation of snowmobiles in this 179.29 state, and of the total revenue derived from the imposition of 179.30 the gasoline fuel tax for uses other than for aviation purposes, 179.31 one percent in fiscal years 1998 and 1999, and three-fourths of179.32 one percent thereafter,of such revenues is the amount of tax on 179.33 fuel used in snowmobiles operated in this state. 179.34 Sec. 181. Minnesota Statutes 1998, section 297H.13, 179.35 subdivision 5, is amended to read: 179.36 Subd. 5. [REPORT ON RECEIPTS.] The commissioner of revenue 180.1 shall report to the chairs of the house and senate environment 180.2 and natural resources committees; the house environment and 180.3 natural resources finance division; the senate environment and 180.4 agriculture budget division; the house tax committee and the 180.5 senate taxes and tax laws committee; the commissioner of the 180.6 pollution control agency; and the director of the office of 180.7 environmental assistance on the total tax revenues received from 180.8 the taxes imposed under this chapter. The reports shall be made 180.9 as follows: 180.10 (1) a report by May 31, 1998,August 31 of each year based 180.11 on amounts received by the commissioner of revenue from January180.12 1, 1998, through April 30, 1998January 1 through June 30 of 180.13 that year; and 180.14 (2) a report by September 30, 1998,February 28 of each 180.15 year based on amounts received by the commissioner of revenue 180.16 from May 1, 1998, through August 31, 1998; and180.17 (3) a report by January 31, 1999, based on amounts received180.18 by the commissioner of revenue from September 1, 1998, through180.19 December 31, 1998July 1 through December 31 of the preceding 180.20 year. 180.21 Sec. 182. Minnesota Statutes 1998, section 325E.11, is 180.22 amended to read: 180.23 325E.11 [COLLECTION FACILITIES; NOTICE.] 180.24 (a) Any person selling at retail or offering motor oil or 180.25 motor oil filters for retail sale in this state shall: 180.26 (1) post a notice indicating the nearest location where 180.27 used motor oil and used motor oil filters may be returned at no 180.28 cost for recycling or reuse, post a toll-free telephone number 180.29 that may be called by the public to determine a convenient 180.30 location, or post a listing of locations where used motor oil 180.31 and used motor oil filters may be returned at no cost for 180.32 recycling or reuse; or 180.33 (2) if the person is subject to section 180.34 325E.112, subdivision 1, paragraph (b), post a notice informing 180.35 customers purchasing motor oil or motor oil filters of the 180.36 location of the used motor oil and used motor oil filter 181.1 collection site established by the retailer in accordance with 181.2 section 325E.112, subdivision 1, paragraph (b), where used motor 181.3 oil and used motor oil filters may be returned at no cost. 181.4 (b) A notice under paragraph (a) shall be posted on or 181.5 adjacent to the motor oil and motor oil filter displays, be at 181.6 least 8-1/2 inches by 11 inches in size, contain the universal 181.7 recycling symbol with the following language: 181.8 (1) "It is illegal to put used oil and used motor oil 181.9 filters in the garbage."; 181.10 (2) "Recycle your used oil and used motor oil filters."; 181.11 and 181.12 (3)(i) "There is a free collection site here for your used 181.13 oil and used motor oil filters."; 181.14 (ii) "There is a free collection site for used oil and used 181.15 motor oil filters located at (name of business and street 181.16 address)."; 181.17 (iii) "For the location of a free collection site for used 181.18 oil and used motor oil filters call (toll-free phone number)."; 181.19 or 181.20 (iv) "Here is a list of free collection sites for used oil 181.21 and used motor oil filters." 181.22 (c) The division of weights and measures under the 181.23 department of public service shall enforce compliance with this 181.24 section as provided in section 239.54. The pollution control 181.25 agency shall enforce compliance with this section under sections 181.26 115.071 and 116.072 in coordination with the division of weights 181.27 and measures. 181.28 Sec. 183. Minnesota Statutes 1998, section 325E.112, 181.29 subdivision 1, is amended to read: 181.30 Subdivision 1. [COLLECTION.] (a) Motor oil and motor oil 181.31 filter manufacturers and retailers shall seek to provide by May 181.32 31, 2001: 181.33 (1) access to at least one nongovernmental site for 181.34 collection of used motor oil and used motor oil filters from the 181.35 public within a five-mile radius of any resident in the 181.36 seven-county metropolitan area; and 182.1 (2) access to at least one nongovernmental site for 182.2 collection of used motor oil and used motor oil filters from the 182.3 public within a city or town with a population of greater than 182.4 1,500 outside the seven-county metropolitan area. The 182.5 commissioner of the pollution control agency shall determine by 182.6 June 30, 2001, whether these goals have been met. 182.7 (b) If the commissioner of the pollution control agency 182.8 determines that motor oil and motor oil filter manufacturers and 182.9 retailers have not met the goals in paragraph (a) by May 31, 182.10 2001, then beginning July 1, 2001, all retailers that sell at an 182.11 individual location more than 1,000 motor oil filters per 182.12 calendar year at retail for off-site installation must provide 182.13 for collection of used motor oil and used motor oil filters from 182.14 the public. Retailers who do not collect the used motor oil and 182.15 used motor oil filters at their individual locations may meet 182.16 the requirement by entering into a written agreement with 182.17 another party whose location is: 182.18 (1) within two miles of the retailer's location if the 182.19 retailer is located: 182.20 (i) within the Interstate Highway 494/694 beltway; 182.21 (ii) in a home rule charter or statutory city or a town 182.22 contiguous to the Interstate Highway 494/694 beltway; or 182.23 (iii) in a home rule charter or statutory city of over 182.24 30,000 population within the metropolitan area as defined in 182.25 section 473.121; or 182.26 (2) within five miles of the retailer's location if the 182.27 retailer is not in an area described in clause (1). 182.28 (b)(c) The written agreement under paragraph (b) must 182.29 specify that the other party will accept from the public up to 182.30 ten gallons of used motor oil and ten used motor oil filters per 182.31 person per month during normal hours of operation unless: 182.32 (1) the used motor oil is known to be contaminated with 182.33 antifreeze, other hazardous waste, or other materials which may 182.34 increase the cost of used motor oil management and disposal; 182.35 (2) the storage equipment for that particular waste is 182.36 temporarily filled to capacity; or 183.1 (3) the used motor oil or used motor oil filters are from a 183.2 business. 183.3 (c)(d) Persons accepting used motor oil from the public in 183.4 accordance with this subdivision shall presume that the used 183.5 motor oil is not contaminated with hazardous waste, provided the 183.6 person offering the used motor oil is acting in good faith and 183.7 the person accepting the used motor oil does not have evidence 183.8 to the contrary. Persons collecting used motor oil from the 183.9 public must take precautions to prevent contamination of used 183.10 motor oil storage equipment. Precautions may include, but are 183.11 not limited to, keeping a log of persons dropping off used motor 183.12 oil, securing access to used motor oil storage equipment, or 183.13 posting signage at the site indicating the proper use of the 183.14 equipment. 183.15 (d)(e) Persons accepting used motor oil and used motor oil 183.16 filters under paragraph (a)(b), including persons accepting the 183.17 oil and filters on behalf of the retailer, may not charge a fee 183.18 when accepting ten gallons or less of used motor oil or ten or 183.19 fewer used motor oil filters per person per month. 183.20 (e)(f) Persons that receive contaminated used motor oil 183.21 may manage the used motor oil as household hazardous waste 183.22 through publicly administered household hazardous waste 183.23 collection programs, with approval from the household hazardous 183.24 waste program. Used motor oil contaminated with hazardous waste 183.25 from the public that cannot be managed through a household 183.26 hazardous waste collection program must be managed as a 183.27 hazardous waste in accordance with rules adopted by the 183.28 pollution control agency. 183.29 Sec. 184. Minnesota Statutes 1998, section 325E.112, 183.30 subdivision 3, is amended to read: 183.31 Subd. 3. [EDUCATION PROGRAM.] When theBy June 30 of each 183.32 year, the commissioner estimates that allshall estimate the 183.33 amount of funds available under section 325E.113 that will not 183.34 be expended for reimbursements , the commissioner may use the183.35 estimated unexpended fundsand shall transfer all or a portion 183.36 of the estimated unexpended funds to the office of environmental 184.1 assistance to cover the costs of educating the public and 184.2 businesses on the provisions of this section and on proper 184.3 management of used motor oil, used motor oil filters, and other 184.4 automotive wastes. In coordination with the pollution control 184.5 agency, county solid waste administrators, used motor oil and 184.6 used motor oil filter collection site operators, and 184.7 manufacturers and retailers of motor oil and motor oil filters, 184.8 the director of the office of environmental assistance shall 184.9 educate the public and businesses on the proper management of 184.10 used motor oil, used motor oil filters, and other automotive 184.11 wastes. As part of the education efforts, the director shall 184.12 make information available to the public and businesses 184.13 regarding the proper management of used motor oil, used motor 184.14 oil filters, and other automotive wastes on the office's World 184.15 Wide Web page. The commissioner of the pollution control agency 184.16 shall also make information regarding the proper management of 184.17 used motor oil, used motor oil filters, and other automotive 184.18 wastes available on the agency's World Wide Web page. 184.19 Sec. 185. Minnesota Statutes 1998, section 325E.112, 184.20 subdivision 4, is amended to read: 184.21 Subd. 4. [LIABILITY EXEMPTION.] Persons who accept used 184.22 motor oil and used motor oil filters from the public and 184.23 retailers and manufacturers who contract with such persons for 184.24 purposes of subdivision 1 are exempt from liability under 184.25 chapter 115B for the used motor oil, contaminated used motor 184.26 oil, and used motor oil filters accepted under the provisions of184.27 subdivision 1at facilities that accept used motor oil or used 184.28 motor oil filters from the public free of charge, after the used 184.29 motor oil, contaminated used motor oil, and used motor oil 184.30 filters are sent off-site in compliance with rules adopted by 184.31 the pollution control agency. 184.32 Sec. 186. Minnesota Statutes 1998, section 325E.113, is 184.33 amended to read: 184.34 325E.113 [CONTAMINATED USED MOTOR OIL REIMBURSEMENT 184.35 ACCOUNT.] 184.36 The contaminated used motor oil reimbursement account is 185.1 established in the environmental fund. Money in the account is 185.2 appropriated to the commissioner of the pollution control agency 185.3 for the commissioner's activities under section 325E.112 and to 185.4 complete the study required by section 201, except that the 185.5 commissioner may not expend more than $50,000 for the study 185.6 required by section 201. 185.7 Sec. 187. Minnesota Statutes 1998, section 500.24, 185.8 subdivision 2, is amended to read: 185.9 Subd. 2. [DEFINITIONS.] The definitions in this 185.10 subdivision apply to this section. 185.11 (a) "Farming" means the production of (1) agricultural 185.12 products; (2) livestock or livestock products; (3) milk or milk 185.13 products; or (4) fruit or other horticultural products. It does 185.14 not include the processing, refining, or packaging of said 185.15 products, nor the provision of spraying or harvesting services 185.16 by a processor or distributor of farm products. It does not 185.17 include the production of timber or forest products, the 185.18 production of poultry or poultry products, or the feeding and 185.19 caring for livestock that are delivered to a corporation for 185.20 slaughter or processing for up to 20 days before slaughter or 185.21 processing. 185.22 (b) "Family farm" means an unincorporated farming unit 185.23 owned by one or more persons residing on the farm or actively 185.24 engaging in farming. 185.25 (c) "Family farm corporation" means a corporation founded 185.26 for the purpose of farming and the ownership of agricultural 185.27 land in which the majority of the voting stock is held by and 185.28 the majority of the stockholders are persons or the spouses of 185.29 persons related to each other within the third degree of kindred 185.30 according to the rules of the civil law, and at least one of 185.31 said related persons is residing on or actively operating the 185.32 farm, and none of whose stockholders are corporations; provided 185.33 that a family farm corporation shall not cease to qualify as 185.34 such hereunder by reason of any devise or bequest of shares of 185.35 voting stock. 185.36 (d) "Authorized farm corporation" means a corporation 186.1 meeting the following standards: 186.2 (1) it has no more than five shareholders; 186.3 (2) all its shareholders, other than any estate, are 186.4 natural persons; 186.5 (3) it does not have more than one class of shares; 186.6 (4) its revenue from rent, royalties, dividends, interest, 186.7 and annuities does not exceed 20 percent of its gross receipts; 186.8 (5) shareholders holding 51 percent or more of the interest 186.9 in the corporation reside on the farm or are actively engaging 186.10 in farming; 186.11 (6) it does not, directly or indirectly, own or otherwise 186.12 have an interest in any title to more than 1,500 acres of 186.13 agricultural land; and 186.14 (7) none of its shareholders are shareholders in other 186.15 authorized farm corporations that directly or indirectly in 186.16 combination with the corporation own more than 1,500 acres of 186.17 agricultural land. 186.18 (e) "Authorized livestock farm corporation" means a 186.19 corporation formed for the production of livestock and meeting 186.20 the following standards: 186.21 (1) it is engaged in the production of livestock other than 186.22 dairy cattle; 186.23 (2) all its shareholders, other than any estate, are 186.24 natural persons or family farm corporations; 186.25 (3) it does not have more than one class of shares; 186.26 (4) its revenue from rent, royalties, dividends, interest, 186.27 and annuities does not exceed 20 percent of its gross receipts; 186.28 (5) shareholders holding 75 percent or more of the control, 186.29 financial, and capital investment in the corporation are farmers 186.30 residing in Minnesota and at least 51 percent of the required 186.31 percentage of farmers are actively engaged in livestock 186.32 production; 186.33 (6) it does not, directly or indirectly, own or otherwise 186.34 have an interest in any title to more than 1,500 acres of 186.35 agricultural land; and 186.36 (7) none of its shareholders are shareholders in other 187.1 authorized farm corporations that directly or indirectly in 187.2 combination with the corporation own more than 1,500 acres of 187.3 agricultural land. 187.4 (f) "Agricultural land" means real estate used for farming 187.5 or capable of being used for farming in this state. 187.6 (g) "Pension or investment fund" means a pension or 187.7 employee welfare benefit fund, however organized, a mutual fund, 187.8 a life insurance company separate account, a common trust of a 187.9 bank or other trustee established for the investment and 187.10 reinvestment of money contributed to it, a real estate 187.11 investment trust, or an investment company as defined in United 187.12 States Code, title 15, section 80a-3. 187.13 (h) "Farm homestead" means a house including adjoining 187.14 buildings that has been used as part of a farming operation or 187.15 is part of the agricultural land used for a farming operation. 187.16 (i) "Family farm partnership" means a limited partnership 187.17 formed for the purpose of farming and the ownership of 187.18 agricultural land in which the majority of the interests in the 187.19 partnership is held by and the majority of the partners are 187.20 persons or the spouses of persons related to each other within 187.21 the third degree of kindred according to the rules of the civil 187.22 law, at least one of the related persons is residing on or 187.23 actively operating the farm, and none of the partners are 187.24 corporations. A family farm partnership does not cease to 187.25 qualify as a family farm partnership because of a devise or 187.26 bequest of interest in the partnership. 187.27 (j) "Authorized farm partnership" means a limited 187.28 partnership meeting the following standards: 187.29 (1) it has been issued a certificate from the secretary of 187.30 state or is registered with the county recorder and farming and 187.31 ownership of agricultural land is stated as a purpose or 187.32 character of the business; 187.33 (2) no more than five partners; 187.34 (3) all its partners, other than any estate, are natural 187.35 persons; 187.36 (4) its revenue from rent, royalties, dividends, interest, 188.1 and annuities do not exceed 20 percent of its gross receipts; 188.2 (5) its general partners hold at least 51 percent of the 188.3 interest in the land assets of the partnership and reside on the 188.4 farm or are actively engaging in farming not more than 1,500 188.5 acres as a general partner in an authorized limited partnership; 188.6 (6) its limited partners do not participate in the business 188.7 of the limited partnership including operating, managing, or 188.8 directing management of farming operations; 188.9 (7) it does not, directly or indirectly, own or otherwise 188.10 have an interest in any title to more than 1,500 acres of 188.11 agricultural land; and 188.12 (8) none of its limited partners are limited partners in 188.13 other authorized farm partnerships that directly or indirectly 188.14 in combination with the partnership own more than 1,500 acres of 188.15 agricultural land. 188.16 (k) "Farmer" means a natural person who regularly 188.17 participates in physical labor or operations management in the 188.18 person's farming operation and files "Schedule F" as part of the 188.19 person's annual Form 1040 filing with the United States Internal 188.20 Revenue Service. 188.21 (l) "Actively engaged in livestock production" means 188.22 performing day-to-day physical labor or day-to-day operations 188.23 management that significantly contributes to livestock 188.24 production and the functioning of a livestock operation. 188.25 (m) "Research or experimental farm" means a corporation, 188.26 limited partnership, or pension or investment fund that owns or 188.27 operates agricultural land for research or experimental 188.28 purposes, provided that any commercial sales from the operation 188.29 are incidental to the research or experimental objectives of the 188.30 corporation. A corporation, limited partnership, or pension or 188.31 investment fund seeking initial approval by the commissioner to 188.32 operate agricultural land for research or experimental purposes 188.33 must first submit to the commissioner a prospectus or proposal 188.34 of the intended method of operation containing information 188.35 required by the commissioner including a copy of any operational 188.36 contract with individual participants. 189.1 (n) "Breeding stock farm" means a corporation or limited 189.2 partnership that owns land for the purpose of raising breeding 189.3 stock, including embryos, for resale to farmers or for the 189.4 purpose of growing seed, wild rice, nursery plants, or sod. An 189.5 entity that is organized to raise livestock other than dairy 189.6 cattle under this paragraph that does not qualify as an 189.7 authorized farm corporation must: 189.8 (1) sell all castrated animals to be fed out or finished to 189.9 farming operations that are neither directly nor indirectly 189.10 owned by the business entity operating the breeding stock 189.11 operation; and 189.12 (2) report its total production and sales annually to the 189.13 commissioner. 189.14 (o) "Aquatic farm" means a corporation or limited 189.15 partnership that owns or leases agricultural land as a necessary 189.16 part of an aquatic farm as defined in section 17.47, subdivision 189.17 3. 189.18 (p) "Religious farm" means a corporation formed primarily 189.19 for religious purposes whose sole income is derived from 189.20 agriculture. 189.21 (q) "Utility corporation" means a corporation regulated 189.22 under Minnesota Statutes 1974, chapter 216B, that owns 189.23 agricultural land for purposes described in that chapter, or an 189.24 electric generation or transmission cooperative that owns 189.25 agricultural land for use in its business if the land is not 189.26 used for farming except under lease to a family farm unit, a 189.27 family farm corporation, or a family farm partnership. 189.28 (r) "Benevolent trust" means a pension fund or family trust 189.29 established by the owners of a family farm, authorized farm 189.30 corporation, authorized livestock farm corporation, or family 189.31 farm corporation that holds an interest in title to agricultural 189.32 land on which one or more of those owners or shareholders have 189.33 resided or have been actively engaged in farming as required by 189.34 paragraph (b), (c), (d), or (e). 189.35 (s) "Development organization" means a corporation, limited 189.36 partnership, or pension or investment fund that owns 190.1 agricultural land for which the corporation, limited 190.2 partnership, or pension or investment fund has documented plans 190.3 to use and subsequently uses the land within six years from the 190.4 date of purchase for a specific nonfarming purpose, or if the 190.5 land is zoned nonagricultural, or if the land is located within 190.6 an incorporated area. A corporation, limited partnership, or 190.7 pension or investment fund may hold agricultural land in the 190.8 amount necessary for its nonfarm business operation; provided, 190.9 however, that pending the development of agricultural land for 190.10 nonfarm purposes, the land may not be used for farming except 190.11 under lease to a family farm unit, a family farm corporation, an 190.12 authorized farm corporation, an authorized livestock farm 190.13 corporation, a family farm partnership, or an authorized farm 190.14 partnership, or except when controlled through ownership, 190.15 options, leaseholds, or other agreements by a corporation that 190.16 has entered into an agreement with the United States under the 190.17 New Community Act of 1968 (Title IV of the Housing and Urban 190.18 Development Act of 1968, United States Code, title 42, sections 190.19 3901 to 3914) as amended, or a subsidiary or assign of such a 190.20 corporation. 190.21 (t) "Exempt land" means agricultural land owned or leased 190.22 by a corporation as of May 20, 1973, agricultural land owned or 190.23 leased by a pension or investment fund as of May 12, 1981, or 190.24 agricultural land owned or leased by a limited partnership as of 190.25 May 1, 1988, including the normal expansion of that ownership at 190.26 a rate not to exceed 20 percent of the amount of land owned as 190.27 of May 20, 1973, for a corporation; May 12, 1981, for a pension 190.28 or investment fund; or May 1, 1988, for a limited partnership, 190.29 measured in acres, in any five-year period, and including 190.30 additional ownership reasonably necessary to meet the 190.31 requirements of pollution control rules. A corporation, limited 190.32 partnership, or pension or investment fund that is eligible to 190.33 own or lease agricultural land under this section prior to May 190.34 1997 may continue to own or lease agricultural land subject to 190.35 the same conditions and limitations as previously allowed. 190.36 (u) "Gifted land" means agricultural land acquired as a 191.1 gift, either by grant or devise, by an educational, religious, 191.2 or charitable nonprofit corporation, limited partnership, or 191.3 pension or investment fund if all land so acquired is disposed 191.4 of within ten years after acquiring the title. 191.5 (v) "Repossessed land" means agricultural land acquired by 191.6 a corporation, limited partnership, or pension or investment 191.7 fund by process of law in the collection of debts, or by any 191.8 procedure for the enforcement of a lien or claim on the land, 191.9 whether created by mortgage or otherwise if all land so acquired 191.10 is disposed of within five years after acquiring the title. The 191.11 five-year limitation is a covenant running with the title to the 191.12 land against any grantee, assignee, or successor of the pension 191.13 or investment fund, corporation, or limited partnership. The 191.14 land so acquired must not be used for farming during the 191.15 five-year period, except under a lease to a family farm unit, a 191.16 family farm corporation, an authorized farm corporation, an 191.17 authorized livestock farm corporation, a family farm 191.18 partnership, or an authorized farm partnership. Notwithstanding 191.19 the five-year divestiture requirement under this paragraph, a 191.20 financial institution may continue to own the agricultural land 191.21 if the agricultural land is leased to the immediately preceding 191.22 former owner, but must dispose of the agricultural land within 191.23 ten years of acquiring the title. Livestock acquired by a 191.24 pension or investment fund, corporation, or limited partnership 191.25 in the collection of debts, or by a procedure for the 191.26 enforcement of lien or claim on the livestock whether created by 191.27 security agreement or otherwise after August 1, 1994, must be 191.28 sold or disposed of within one full production cycle for the 191.29 type of livestock acquired or 18 months after the livestock is 191.30 acquired, whichever is later. 191.31 (w) "Commissioner" means the commissioner of agriculture. 191.32 (x) "Demonstration corporation" means a nonprofit 191.33 corporation organized under state nonprofit corporation law and 191.34 formed primarily for the purpose of demonstrating historical 191.35 farming practices. 191.36 Sec. 188. Minnesota Statutes 1998, section 500.24, 192.1 subdivision 3, is amended to read: 192.2 Subd. 3. [FARMING AND OWNERSHIP OF AGRICULTURAL LAND BY 192.3 CORPORATIONS RESTRICTED.] No corporation, limited liability 192.4 company, pension or investment fund, or limited partnership 192.5 shall engage in farming; nor shall any corporation, limited 192.6 liability company, pension or investment fund, or limited 192.7 partnership, directly or indirectly, own, acquire, or otherwise 192.8 obtain any interest, in agricultural land other than a bona fide 192.9 encumbrance taken for purposes of security. This subdivision 192.10 does not apply to general partnerships. This subdivision does 192.11 not apply to any agricultural land, corporation, limited 192.12 partnership, or pension or investment fund that meet any of the 192.13 definitions in subdivision 2, paragraphs (b) to (e), (i), (j), 192.14 and(m) to (v), and (x), has a conservation plan prepared for 192.15 the agricultural land, and reports as required under subdivision 192.16 4. 192.17 Sec. 189. Minnesota Statutes 1998, section 574.263, is 192.18 amended to read: 192.19 574.263 [ FORESTRYNATURAL RESOURCE DEVELOPMENT PROJECTS.] 192.20 Subdivision 1. [DEFINITION.] For the purposes of this 192.21 section and section 574.264, " forestrynatural resource 192.22 development project" includes site preparation by discing, 192.23 shearing, rock raking or piling, patch scarification, or 192.24 furrowing; prairie restoration; creation of wildlife openings 192.25 and other wildlife habitat improvements; landscape clearing; 192.26 tree planting; tree seeding; tree pruning; timber stand 192.27 improvement by thinning or clearing existing forest trees by 192.28 manual, mechanical, or chemical techniques; or forest road and192.29 bridgeconstruction, reconstruction, and maintenance of 192.30 department of natural resources trails, public accesses, water 192.31 control structures, fish barriers, sewage treatment systems, 192.32 roads, and bridges. 192.33 Subd. 2. [CONTRACTOR'S BOND.] A contract with the state 192.34 for a forestrynatural resource development project may require 192.35 a performance bond at the discretion of the commissioner of 192.36 natural resources. If the commissioner determines that a 193.1 performance bond is required, it shall not be less than five 193.2 percent of the contract price. 193.3 Subd. 3. [BID DEPOSIT IN PLACE OF PERFORMANCE BOND.] For a 193.4 contract made by the commissioner for a forestrynatural 193.5 resource development project, the commissioner may require a bid 193.6 deposit in place of a performance bond for charges that may 193.7 accrue because of doing the specified work and to enforce the 193.8 terms of the contract. The commissioner may set the amount of 193.9 the bid deposit, but it may not be less than five percent of the 193.10 contract price. 193.11 Subd. 4. [PAYMENT BOND.] A contract with the state for 193.12 a forestrynatural resource development project may require a 193.13 payment bond at the discretion of the commissioner of natural 193.14 resources. If the commissioner determines that a payment bond 193.15 is required, the commissioner also has the discretion to decide 193.16 whether the bond may be in the form of securities in place of a 193.17 bond as provided in section 574.264. If so, the securities 193.18 cannot have less value than five percent of the contract price. 193.19 Sec. 190. Minnesota Statutes 1998, section 574.264, 193.20 subdivision 1, is amended to read: 193.21 Subdivision 1. [ FORESTNATURAL RESOURCE DEVELOPMENT 193.22 PROJECTS.] In place of a performance or payment bond or bid 193.23 deposit for a state contract for a forestrynatural resource 193.24 development project less than $50,000, the person required to 193.25 file the bond or bid deposit may deposit in a local designated 193.26 state depository or with the state treasurer a certified check, 193.27 a cashier's check, a postal, bank, or express money order, 193.28 assignable bonds or notes of the United States, or an assignment 193.29 of a bank savings account or investment certificate or an 193.30 irrevocable bank letter of credit, in the same amount that would 193.31 be required for the bond or bid deposit. If securities listed 193.32 in this section are deposited, their value shall not be less 193.33 than the amount required for the bond or bid deposit and the 193.34 person required to file the bond or bid deposit shall submit an 193.35 agreement authorizing the commissioner to sell or otherwise take 193.36 possession of the securities in the event of default under the 194.1 contract or nonpayment of any persons furnishing labor and 194.2 materials under, or to perform, the contract. 194.3 Sec. 191. Laws 1995, chapter 220, section 142, as amended 194.4 by Laws 1995, chapter 263, section 12, and Laws 1996, chapter 194.5 351, section 1, is amended to read: 194.6 Sec. 142. [EFFECTIVE DATES.] 194.7 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 194.8 and 141, paragraph (d), are effective the day following final 194.9 enactment. 194.10 Sections 114, 115, 118, and 121 are effective January 1, 194.11 1996. 194.12 Sections 120, subdivisions 2, 3, 4, and 5, and 141, 194.13 paragraph (c), are effective July 1, 1996. 194.14 Section 141, paragraph (b), is effective June 30, 19992001. 194.15 Sections 58 and 66 are effective retroactively to August 1, 194.16 1991. 194.17 Section 119 is effective September 1, 1996. 194.18 Section 120, subdivision 1, is effective July 1, 1999. 194.19 Sec. 192. Laws 1996, chapter 351, section 2, as amended by 194.20 Laws 1997, chapter 216, section 141, is amended to read: 194.21 Sec. 2. [RECYCLING GOALS ANDACTIONS.] 194.22 Subdivision 1. (a) The following recycling or reuse goals194.23 shall be considered met if the actions in this subdivision are194.24 initiated by the identified parties on or before September 1,194.25 1997, and are fully completed by December 31, 1998.194.26 Additionally, the goals in paragraph (b) must be met in at least194.27 50 percent of counties by December 31, 1997; 75 percent by June194.28 1, 1998; and 100 percent by December 31, 1998.194.29 (b) Motor oil and motor oil filter manufacturers and194.30 retailers shall ensure that:194.31 (1) at least 90 percent of residents within the194.32 seven-county metropolitan area and residents of a city or town194.33 with a population greater than 1,500 have access to a free194.34 nongovernment collection site for used motor oil and used motor194.35 oil filters within five miles of their residences; and194.36 (2) at least one free nongovernment collection site for195.1 used motor oil and used motor oil filters generated by the195.2 public would be located in each county.195.3 (c)Motor oil and motor oil filter manufacturers and 195.4 retailers shall inform the public about environmental problems 195.5 associated with improper disposal of used motor oil and used 195.6 motor oil filters and proper disposal practices for used motor 195.7 oil and used motor oil filters. At a minimum, this shall 195.8 include public service announcements designed to reach residents 195.9 of the state that generate used motor oil and used motor oil 195.10 filters. 195.11 (d)(b) The commissioner of the pollution control agency195.12 director of the office of environmental assistance shall, by195.13 December 31, 1997, andat least annually thereafteror more 195.14 frequently if deemed necessary, request motor oil and motor oil 195.15 filter manufacturers and retailers, persons who haul used motor 195.16 oil and used motor oil filters, and nongovernment persons who 195.17 accept used motor oil and used motor oil filters from the public 195.18 to provide an updated list of all existing sites that collect 195.19 used motor oil, used motor oil filters, or both, from the 195.20 public, delineating for public promotion which sites collect for 195.21 free. The commissioner shall use this information to determine195.22 whether the parties identified in paragraph (b) have met the195.23 goals listed in that paragraph. A collection site operated by195.24 the state or a political subdivision, as defined in Minnesota195.25 Statutes, section 115A.03, subdivision 24, may be counted195.26 towards meeting recycling goals, provided that the parties195.27 responsible for meeting the goals of this subdivision195.28 voluntarily reimburse the state or political subdivision for all195.29 of the costs at that collection site that are associated with195.30 used motor oil and used motor oil filter recycling.Persons who 195.31 accept used motor oil and used motor oil filters from the public 195.32 shall cooperate with manufacturers and retailers of motor oil 195.33 and motor oil filters to inform the agencyoffice of 195.34 environmental assistance within ten30 days of initiating or 195.35 ceasing to collect used motor oil or used motor oil filters from 195.36 the public. The information shall be provided in a form and 196.1 manner prescribed by the commissionerdirector of the office of 196.2 environmental assistance. Using the information provided under 196.3 this paragraph, the director of the office of environmental 196.4 assistance shall prepare and make available to the public a list 196.5 of all existing sites that collect used motor oil, used motor 196.6 oil filters, or both from the public. The list must include all 196.7 sites in the state, including both government and nongovernment 196.8 collection sites and both sites that accept used motor oil or 196.9 used motor oil filters free of charge or for a fee. The 196.10 director shall update the list at least annually. 196.11 (e)(c) Motor oil filter manufacturers shall disclose to 196.12 retailers whether lead has been intentionally introduced in 196.13 manufacturing, and retailers shall not knowingly sell motor oil 196.14 filters containing lead intentionally introduced in 196.15 manufacturing. 196.16 Subd. 2. The commissioner of the pollution control agency 196.17 may appoint an advisory group of diverse interests to assist the 196.18 agency with experimentation with various approaches to public 196.19 education, financial incentives, waste management, and other 196.20 issues that might affect the effectiveness of recycling 196.21 efforts. The commissioner may request parties responsible for196.22 meeting the recycling goals in subdivision 1 to voluntarily pay196.23 for some of the experimentation costs. The existence of this196.24 advisory group in no way relieves the parties identified in196.25 subdivision 1 of responsibility for meeting the goals listed in196.26 that subdivision.The commissioner of the pollution control 196.27 agency shall appoint an advisory group chair. 196.28 Subd. 3. By January 15, 1999, the commissioner of the196.29 pollution control agency shall report to the environment and196.30 natural resources committees of the senate and the house of196.31 representatives on the amount of used motor oil and used motor196.32 oil filters being recycled and whether the goals in subdivision196.33 1 have been met and recommend whether the mandate for retailers196.34 of motor oil and filters described in Minnesota Statutes,196.35 section 325E.112, subdivision 1, is needed to achieve the196.36 recycling goals.197.1 Sec. 193. Laws 1998, chapter 401, section 53, is amended 197.2 to read: 197.3 Sec. 53. [FEEDLOT RULES.] 197.4 By MarchDecember 1, 1999, the commissioner of the 197.5 pollution control agency must submit a copy of updated feedlot 197.6 permit rules as prescribed in Minnesota Statutes, section 197.7 116.07, subdivision 7, paragraph (i). The updated rules must 197.8 become effective no latersooner than June 1, 1999April 1, 197.9 2000. 197.10 Sec. 194. Laws 1998, chapter 404, section 7, subdivision 197.11 23, is amended to read: 197.12 Subd. 23. Metro Regional Trails 5,000,000 197.13 For grants to the metropolitan council 197.14 for acquisition and development of a 197.15 capital nature of trail connections in 197.16 the metropolitan area as specified in 197.17 this subdivision. The purpose of the 197.18 grants is to improve trails in the 197.19 metropolitan park and open space system 197.20 and connect them with existing state 197.21 and regional trails. Priority shall be 197.22 given to matching funds for an ISTEA 197.23 grant. 197.24 The funds shall be allocated by the 197.25 council as follows: 197.26 (1) $1,050,000 is allocated to Ramsey 197.27 county as follows: 197.28 (i) $400,000 to complete six miles of 197.29 trails between the Burlington Northern 197.30 Regional Trail and Bald Eagle-Otter 197.31 Lake Regional Park; 197.32 (ii) $150,000 to complete a one-mile 197.33 connection between Birch Lake and the 197.34 Lake Tamarack segment of Bald 197.35 Eagle-Otter Lake Regional Park; 197.36 (iii) $500,000 to acquire real property 197.37 and design and construct or renovate 197.38 recreation facilities along the 197.39 Mississippi River in cooperation with 197.40 the city of St. Paul; 197.41 (2) $1,050,000 is allocated to the city 197.42 of St. Paul as follows: 197.43 (i) $250,000 to construct a bridge over 197.44 Lexington Parkway in Como Regional 197.45 Park; and 197.46 (ii) $800,000 to enhance amenities for 197.47 the trailhead at the Lilydale-Harriet 197.48 Island Regional Park pavilion; 197.49 (3) $1,400,000 is allocated to Anoka 197.50 county as followsto construct: 198.1 (i) $1,100,000 to constructa 198.2 pedestrian tunnel under Highway 65 on 198.3 the Rice Creek West Regional Trail in 198.4 the city of Fridley; and 198.5 (ii) $300,000 to constructa pedestrian 198.6 bridge on the Mississippi River 198.7 Regional Trail crossing over 198.8 Mississippi Street in the city of 198.9 Fridley; and 198.10 (4) $1,500,000 is allocated to the 198.11 suburban Hennepin regional park 198.12 district as follows: 198.13 (i) $1,000,000 to connect North 198.14 Hennepin Regional Trail to Luce Line 198.15 State Trail and Medicine Lake; and 198.16 (ii) $500,000 is for the cost of 198.17 development and acquisition of the 198.18 Southwest regional trail in the city of 198.19 St. Louis Park. The trail must connect 198.20 the Minneapolis regional trail system 198.21 at Cedar Lake park to the Hennepin 198.22 parks regional trail system at the 198.23 Hopkins trail head. 198.24 Sec. 195. Laws 1998, chapter 404, section 7, subdivision 198.25 26, is amended to read: 198.26 Subd. 26. Local Initiative Grants 8,000,000 198.27 For matching grants to be provided to 198.28 local units of government for 198.29 acquisition, development, or renovation 198.30 of a capital nature of local parks, 198.31 trails, and natural and scenic areas. 198.32 Recipients must provide a match of at 198.33 least one-half of total eligible 198.34 project costs. The commissioner shall 198.35 make payment to local units of 198.36 government upon receiving documentation 198.37 of reimbursable expenditures. The 198.38 commissioner shall determine project 198.39 priorities as appropriate based upon 198.40 need. 198.41 $3,500,000 of this appropriation is for 198.42 grants to units of government to 198.43 acquire and develop outdoor recreation 198.44 areas, and for grants to units of 198.45 government to acquire and better 198.46 natural and scenic areas under 198.47 Minnesota Statutes, section 85.019, 198.48 subdivision 4a. 198.49 $1,000,000 of this appropriation is for 198.50 cooperative trail grants of up to 198.51 $50,000 per project to acquire or 198.52 construct trail linkages between 198.53 communities, trails, and parks. 198.54 $3,500,000 of this appropriation is for 198.55 trail grants for the following locally 198.56 funded publicly owned trails serving 198.57 multiple communities: $1,400,000 for 198.58 Beaver Island Trail in Stearns County, 198.59 $1,400,000 for Skunk Hollow Trail in 198.60 Yellow Medicine and Chippewa Counties, 199.1 and $700,000 for Unity Trail in 199.2 Faribault County. The grant for Beaver 199.3 Island Trail in Stearns County is 199.4 available in the manner and the order 199.5 that follows: $500,000 is available 199.6 upon commitment of an equal amount from 199.7 nonstate sources, $152,000 is available 199.8 upon contribution of an equal amount 199.9 from local governments, $374,000 is 199.10 available upon commitment of an equal 199.11 amount from nonstate sources, and the 199.12 balance of $374,000 is available upon 199.13 commitment of an equal amount from 199.14 nonstate sources. 199.15 Sec. 196. Laws 1999, chapter 161, section 44, is amended 199.16 to read: 199.17 Sec. 44. [PRIVATE SALE OF TAX-FORFEITED AND SURPLUS STATE 199.18 LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.] 199.19 (a) Notwithstanding Minnesota Statutes, sections 92.45 and 199.20 282.018, subdivision 1, and the public sale provisions of 199.21 Minnesota Statutes, chapter 282, St. Louis county may sell by 199.22 private sale the tax-forfeited land that is described in 199.23 paragraph (c), clauses (1) to (11), under the remaining 199.24 provisions of Minnesota Statutes, chapter 282. Notwithstanding 199.25 Minnesota Statutes, sections 92.45, 94.09, and 94.10, the 199.26 commissioner of natural resources may sell by private sale the 199.27 surplus land bordering public water that is described in 199.28 paragraph (c), clause (12). 199.29 (b) The land described in paragraph (c) may be sold by 199.30 private sale to the Iron Range Resource and Rehabilitation Board 199.31 for economic development. The conveyance must be in a form 199.32 approved by the attorney general. The attorney general may make 199.33 necessary changes to the legal descriptions to correct errors 199.34 and ensure accuracy. The consideration for the conveyance must 199.35 be equal to the fair market value of the land plus the cost of 199.36 appraisal. The conveyance shall not include stockpiled 199.37 iron-bearing material held under control of the commissioner of 199.38 natural resources. The commissioner may sell the stockpiled 199.39 iron-bearing material located on these lands according to 199.40 Minnesota Statutes, section 93.41. 199.41 (c) The lands to be conveyed are located in St. Louis 199.42 county and are described as: 200.1 (1) the Northwest Quarter of the Northwest Quarter200.2 Government Lot 3, Section 5, Township 58 North, Range 15 West; 200.3 (2) the Northeast Quarter of the Northwest Quarter200.4 Government Lot 4, Section 5, Township 58 North, Range 15 West; 200.5 (3) the Southwest Quarter of the Northwest Quarter200.6 Government Lot 5, Section 5, Township 58 North, Range 15 West; 200.7 (4) the Northwest Quarter of the Southwest Quarter200.8 Government Lot 6, Section 5, Township 58 North, Range 15 West; 200.9 (5) the Southeast Quarter of the Northeast Quarter200.10 Government Lot 9, Section 6, Township 58 North, Range 15 West; 200.11 (6) the Northwest Quarter of the Southeast Quarter200.12 Government Lot 10, Section 6, Township 58 North, Range 15 West; 200.13 (7) the Northeast Quarter of the Southeast Quarter200.14 Government Lot 11, Section 6, Township 58 North, Range 15 West; 200.15 (8) the Southwest Quarter of the Southeast Quarter200.16 Government Lot 12, Section 6, Township 58 North, Range 15 West; 200.17 (9) the Southeast Quarter of the Southeast Quarter, Section200.18 6, Township 58 North, Range 15 West;200.19 (10) the Northeast Quarter of the Southeast Quarter200.20 Government Lot 6, Section 31, Township 59 North, Range 15 West; 200.21 (11) the Southeast Quarter of the Southeast Quarter,200.22 Section 31, Township 59 North, Range 15 West;200.23 (12)(10) the Northwest Quarter of the Southwest Quarter200.24 Government Lot 4, Section 32, Township 59 North, Range 15 West; 200.25 (13)(11) the Northeast Quarter of the Southwest Quarter200.26 Government Lot 5, Section 32, Township 59 North, Range 15 200.27 West; and 200.28 (14) the Southwest Quarter of the Southwest Quarter,200.29 Section 32, Township 59 North, Range 15 West; and200.30 (15)(12) the Southeast Quarter of the Southwest Quarter,200.31 the surface of the beds of Wine (Wynne) and Syracuse lakes, 200.32 below the natural ordinary high water mark thereof, as 200.33 originally surveyed in Sections 5 and 6 of Township 58 North, 200.34 Range 15 West, and the Southwest Quarter of Section 32, Township 200.35 59 North, Range 15 West. 200.36 (d) The county has determined that the county's land 201.1 management interests would best be served if the tax-forfeited 201.2 lands were returned to private ownership. The commissioner has 201.3 determined that the surplus land is no longer needed for any 201.4 state purpose and that the state's land management interests 201.5 would best be served if the land was returned to private 201.6 ownership. 201.7 Sec. 197. [PRIVATE CONVEYANCE OF STATE LAND; ROCK COUNTY.] 201.8 (a) Notwithstanding Minnesota Statutes, sections 94.09 to 201.9 94.16, the commissioner of natural resources may sell the 201.10 state-owned land described in paragraph (c) by private sale to 201.11 the adjacent landowner east of the township road. 201.12 (b) The consideration for the sale shall be the land's 201.13 appraised value as certified by the state and the conveyance 201.14 shall be in a form approved by the attorney general. 201.15 (c) The land to be sold is located in Rock county, consists 201.16 of 0.6 acres, more or less, and is described as: 201.17 That part of the Northwest Quarter of Section 13, Township 201.18 103 North, Range 45 West, described as follows: 201.19 Commencing at the West Quarter corner of Section 13; thence 201.20 North 00 degrees 17 minutes 27 seconds West (assumed 201.21 bearing) along the west line of the Northwest Quarter of 201.22 said section a distance of 128.17 feet to the point of 201.23 beginning; thence continuing North 00 degrees 17 minutes 27 201.24 seconds West along said west line a distance of 11.84 feet 201.25 to a point 140.00 feet north of the south line of the 201.26 Northwest Quarter of said section and the northwest corner 201.27 of that certain tract of land conveyed to the state of 201.28 Minnesota by final certificate, filed for record in the 201.29 office of the Rock county recorder on May 19, 1938, in Book 201.30 "M" of Miscl., pages 515-517; thence South 89 degrees 28 201.31 minutes 55 seconds East parallel with the south line of the 201.32 Northwest Quarter of said section and along the north line 201.33 of said tract a distance of 1474.45 feet to the northeast 201.34 corner of said tract; thence South 00 degrees 17 minutes 27 201.35 seconds East parallel with the west line of said section 201.36 and along the east line of said tract a distance of 25.29 202.1 feet to an iron stake with DNR caps; thence North 88 202.2 degrees 57 minutes 33 seconds West along an existing fence 202.3 line a distance of 1092.38 feet to Point A and an iron 202.4 stake; thence continuing North 88 degrees 57 minutes 33 202.5 seconds West along said fence line extended a distance of 202.6 382.32 feet to said point of beginning. 202.7 Said tract is subject to a roadway easement and any other 202.8 easements of record if any. 202.9 (d) The deed from the commissioner shall include the 202.10 following restrictive covenant: that part of the above 202.11 described tract of land lying easterly of and within 60 feet of 202.12 Point A shall be maintained in tall grass cover with no use for 202.13 livestock purposes. A breach of such restrictive covenant shall 202.14 result in the automatic reversion of the restricted land to the 202.15 state. 202.16 Sec. 198. [STUDY COMMITTEE REGARDING NEED FOR CENTRAL 202.17 COLLECTION WASTEWATER TREATMENT SYSTEM.] 202.18 The commissioner of the Minnesota pollution control agency 202.19 shall convene a committee of interested persons to address the 202.20 need for central collection wastewater treatment systems in 202.21 unsewered areas. The committee shall evaluate the effectiveness 202.22 of alternative system designs and identify regulatory and other 202.23 barriers to cost-efficient design and construction. By January 202.24 15, 2000, the commissioner shall report the results of the 202.25 committee's evaluation to the house and senate committees with 202.26 jurisdiction over environmental policy and budget issues. 202.27 Sec. 199. [AERIAL APPLICATOR LIABILITY STUDY.] 202.28 The commissioner of agriculture shall conduct a study 202.29 concerning the issues of liability and regulations of aerial 202.30 applicators and municipal airports when aerial applicators use 202.31 municipal airports. In conducting the study the commissioner 202.32 must consult with representatives of aerial applicators, 202.33 municipal airports, the Minnesota department of transportation, 202.34 and other affected parties. Not later than January 15, 2000, 202.35 the commissioner shall report the findings and recommendations 202.36 of the study to the committees of the senate and house of 203.1 representatives having jurisdiction over agricultural policy 203.2 issues. 203.3 Sec. 200. [COMMISSIONER'S ORDERS RESCINDED.] 203.4 The commissioner of natural resources' order of January 3, 203.5 1999, designating certain lands as wildlife management areas is 203.6 rescinded. 203.7 Sec. 201. [ANALYSIS OF USED OIL FILTER DISPOSAL METHODS.] 203.8 In consultation with the office of environmental 203.9 assistance, representatives of motor oil manufacturers, 203.10 representatives of motor oil filter manufacturers, 203.11 representatives of sites that accept used motor oil and used 203.12 motor oil filters from the public, and representatives of the 203.13 haulers of mixed municipal solid waste, the commissioner of the 203.14 pollution control agency shall analyze the technical feasibility 203.15 of alternative methods of disposing of and recycling of used oil 203.16 motor filters. The commissioner shall report to the chairs of 203.17 the house and senate committees with jurisdiction over 203.18 environmental policy and finance issues by January 15, 2001 on 203.19 the findings of the analysis performed under this section and 203.20 any recommendations. 203.21 Sec. 202. [LOWER PHALEN CREEK PROJECTS; DEVELOPMENT OF 203.22 ATHLETIC FIELDS PROHIBITED.] 203.23 A person may not construct or develop athletic fields in 203.24 the city of St. Paul on land within the Lower Phalen watershed 203.25 area south of Kellogg Avenue that has been approved by the 203.26 commissioner of natural resources for inclusion within the metro 203.27 greenways program, as funded by Laws 1998, chapter 404, section 203.28 7, subdivision 19. 203.29 Sec. 203. [FARMSTEAD WINDBREAK RULES.] 203.30 The board of water and soil resources must add farmstead 203.31 windbreaks as a practice eligible for cost-sharing to the rules 203.32 adopted under Minnesota Statutes, section 103C.501. Minnesota 203.33 Statutes, section 14.389, applies to this section. 203.34 Sec. 204. [RULES FOR PUBLIC USE OF RECREATIONAL AREAS.] 203.35 (a) The commissioner of natural resources shall amend the 203.36 proposed permanent rules relating to public use of recreational 204.1 areas, published in the State Register, volume 23, pages 751 to 204.2 763, October 5, 1998, according to this section and pursuant to 204.3 Minnesota Statutes, section 14.388. 204.4 (b) The proposed permanent rules may not be more 204.5 restrictive than the following provisions: 204.6 (1) "forest trail" means a trail that is either 204.7 constructed, maintained, or located on forest lands administered 204.8 by the commissioner for recreational activities on forest lands. 204.9 Forest trail does not include state recreational trails as 204.10 defined in Minnesota Statutes, section 85.015; 204.11 (2) no person may cut live merchantable trees on forest 204.12 lands for constructing an elevated scaffold, except that shrubs, 204.13 the lateral branches of trees, and saplings measuring smaller 204.14 than four inches in diameter at 4-1/2 feet off the ground may be 204.15 removed; 204.16 (3) motor vehicles may operate on forest lands classified 204.17 as managed on forest roads and forest trails that are not posted 204.18 and designated as closed, subject to the limitations and 204.19 exceptions in proposed Minnesota Rules, part 6100.1950; 204.20 (4) a public meeting shall be held in the county where the 204.21 largest portion of the forest lands are located to provide 204.22 information to and receive comment from the public regarding the 204.23 proposed classification change; 204.24 (5) no person shall operate a motor vehicle on forest lands 204.25 on or over the beds of lakes, rivers, or streams when ice is not 204.26 covering the water body, except on a bridge, culvert, or similar 204.27 structure or designated low water crossing; and 204.28 (6) motor vehicles may operate on forest lands classified 204.29 as limited on forest roads that are not posted and designated 204.30 closed and on forest trails or areas that are posted and 204.31 designated to allow motor vehicle use, subject to the 204.32 limitations and exceptions in proposed Minnesota Rules, part 204.33 6100.1950. 204.34 (c) The commissioner shall remove the following provisions 204.35 of the rules, as proposed: 204.36 (1) no person shall operate a motor vehicle on forest lands 205.1 off a forest road or trail, except: 205.2 (i) on forest lands classified as managed or limited during 205.3 the seasons open for taking big game, licensed hunters may use 205.4 all terrain vehicles off forest trails to retrieve big game 205.5 animals by taking the most direct route between the carcass and 205.6 the trail; and 205.7 (ii) inside the boundaries of a posted and designated 205.8 scramble area; 205.9 (2) no person shall create an unauthorized trail on forest 205.10 lands; and 205.11 (3) a person may not operate or be in control of a motor 205.12 vehicle or snowmobile on forest lands while under the influence 205.13 of alcohol or a controlled or hazardous substance. Arrest and 205.14 testing procedures are according to Minnesota Statutes, section 205.15 84.91 to 84.911. 205.16 Sec. 205. [AGRICULTURAL PRODUCER CONTRACTS; COMMISSIONER 205.17 TO STUDY; REPORT.] 205.18 (a) The commissioner of agriculture, in consultation with 205.19 legislators, farm organizations, affected commodity groups, 205.20 producers of agriculture crops and livestock, and agricultural 205.21 processors, shall conduct a study of current and projected 205.22 impacts of increasing amounts of livestock, poultry, and 205.23 specialty crops produced under contract with processors, and the 205.24 effect of contract production on access to competitive markets 205.25 for producers who choose not to produce under contract. 205.26 (b) Not later than February 15, 2000, the commissioner 205.27 shall report findings of the study, including, if any, 205.28 recommendations for law or rule changes, to the committees of 205.29 the senate and house of representatives having jurisdiction over 205.30 agriculture policy issues. 205.31 Sec. 206. [REVISOR INSTRUCTION.] 205.32 The revisor of statutes shall renumber Minnesota Statutes, 205.33 section 156.072, subdivision 4, as section 156.073. 205.34 Sec. 207. [REPEALER.] 205.35 Minnesota Statutes 1998, sections 31A.28; 42.01; 42.02; 205.36 42.03; 42.04; 42.05; 42.06; 42.07; 42.08; 42.09; 42.10; 42.11; 206.1 42.12; 42.13; 42.14; and 473.845, subdivision 2, are repealed. 206.2 Minnesota Statutes 1998, sections 35.245; 35.96, 206.3 subdivision 4; 86B.415, subdivision 7a; and 446A.21, are 206.4 repealed effective the day following final enactment. 206.5 Sec. 208. [EFFECTIVE DATE.] 206.6 Sections 19, 29, 69 to 81, 83, 114 to 122, 124, 131, 174, 206.7 176, 177, 181, 191, 194 to 196, 200, 203, and 204 are effective 206.8 on the day following final enactment. Section 112 is effective 206.9 January 1, 2000. 206.10 Section 175 is effective the day after a notice is 206.11 published in the Federal Register by the United States 206.12 Environmental Protection Agency redesignating the Twin Cities 206.13 nonattainment area for carbon monoxide to attainment for carbon 206.14 monoxide.