Minnesota Legislature
SF 2226
as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act
1.2 relating to state government; appropriating money for
1.3 environmental, natural resource, 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; 17.038; 17.102, subdivision 4; 17.109,
1.10 subdivisions 1 and 3; 17.115, subdivision 3; 17.116,
1.11 subdivision 3; 17.117, subdivision 3; 17.457,
1.12 subdivision 10; 17.59, subdivision 5; 17.85; 17.982,
1.13 subdivision 1; 17.983, subdivision 1; 17A.11; 17B.15,
1.14 subdivision 1; 18B.05, subdivision 1; 18B.26,
1.15 subdivision 5; 18C.131; 18E.02, subdivision 5; 18E.03,
1.16 subdivision 1; 21.115; 21.116; 21.90, subdivision 3;
1.17 21.92; 25.39, subdivision 4; 27.07, subdivision 6;
1.18 28A.08, subdivision 3; 29.22, subdivision 5; 31.94;
1.19 31.95, subdivision 3a; 31B.06; 32.21, subdivision 4;
1.20 32.394, subdivision 9; 41A.09, subdivision 3a;
1.21 41B.044, subdivision 2; 84.027, subdivision 15;
1.22 84.0855, subdivision 2, and by adding a subdivision;
1.23 84.81, by adding a subdivision; 84.8205, by adding a
1.24 subdivision; 84.83, subdivisions 3 and 4; 84.86,
1.25 subdivision 1; 84.862, subdivisions 1 and 2; 84.872,
1.26 subdivision 1; 84.91, subdivision 1; 84.98,
1.27 subdivision 6; 85.015, by adding a subdivision;
1.28 85.019, subdivision 2, and by adding subdivisions;
1.29 85.40, subdivision 5; 85.41, subdivisions 1, 4, and 5;
1.30 85.42; 85.44; 85.45, subdivision 1; 88.067; 89A.01, by
1.31 adding a subdivision; 89A.02; 89A.03; 89A.04; 89A.05;
1.32 89A.06; 89A.07, subdivisions 3 and 5; 89A.10; 92.45;
1.33 92.46, subdivision 1; 97A.075, subdivision 1; 97A.475,
1.34 subdivisions 2, 3, 6, 7, 8, 11, 12, 13, and 20;
1.35 97A.485, subdivisions 6 and 12; 97B.020; 103G.271,
1.36 subdivision 6; 115.55, subdivision 5a; 115A.554;
1.37 115A.908, subdivision 2; 115A.918, subdivision 1;
1.38 115B.175, subdivision 2; 115B.39, subdivision 2;
1.39 115B.40, subdivisions 2, 3, 4, 5, 6, 7, and 8;
1.40 115B.405, subdivision 1; 115B.412, subdivision 3;
1.41 115B.42; 115B.43, subdivision 1; 115B.442, by adding a
1.42 subdivision; 115B.445; 115B.48, subdivision 8;
1.43 116.072, subdivision 1; 116.073, subdivisions 1 and 2;
1.44 116O.09, subdivision 5; 169.121, subdivision 3;
1.45 169.1217, subdivisions 7a and 9; 169.123, subdivision
1.46 1; 171.07, subdivisions 12 and 13; 216C.41,
2.1 subdivision 2; 223.17, subdivision 3; 231.16; 232.22,
2.2 subdivision 3; 233.08; 236.02, subdivision 4; 282.018,
2.3 subdivision 1; 290.431; 290.432; 297A.44, subdivision
2.4 1; 446A.072, subdivision 4; 574.263; 574.264,
2.5 subdivision 1; Laws 1994, chapter 643, section 27,
2.6 subdivision 2, as amended; Laws 1995, chapter 220,
2.7 section 142, as amended; and Laws 1998, chapter 401,
2.8 section 53; proposing coding for new law in Minnesota
2.9 Statutes, chapters 18; 28A; 31B; 41B; 84; 85; 103G;
2.10 115B; and 116; repealing Minnesota Statutes 1998,
2.11 sections 115A.929; 115A.9651; 115A.981; 297H.13,
2.12 subdivisions 3 and 6; and 473.845, subdivision 2.
2.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.14 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.]
2.15 The sums shown in the columns marked "APPROPRIATIONS" are
2.16 appropriated from the general fund, or another named fund, to
2.17 the agencies and for the purposes specified in this act, to be
2.18 available for the fiscal years indicated for each purpose. The
2.19 figures "1999," "2000," and "2001," where used in this act, mean
2.20 that the appropriation or appropriations listed under them are
2.21 available for the year ending June 30, 1999, June 30, 2000, or
2.22 June 30, 2001, respectively.
2.23 SUMMARY BY FUND
2.24 2000 2001 TOTAL
2.25 General $216,358,000 $206,928,000 $423,286,000
2.26 Petroleum Tank 3,333,000 3,393,000 6,726,000
2.27 State Government
2.28 Special Revenue 44,000 45,000 89,000
2.29 Special Revenue 200,000 200,000 400,000
2.30 Environmental 22,044,000 23,094,000 45,138,000
2.31 Solid Waste 8,997,000 9,154,000 18,151,000
2.32 Natural
2.33 Resources 25,273,000 24,623,000 49,896,000
2.34 Game and Fish 63,438,000 65,421,000 128,859,000
2.35 Minnesota
2.36 Future Resources 16,040,000 -0- 16,040,000
2.37 Environmental Trust 13,005,000 13,005,000 26,010,000
2.38 Great Lakes
2.39 Protection 200,000 -0- 200,000
2.40 TOTAL 368,932,000 345,863,000 714,795,000
2.41 APPROPRIATIONS
2.42 Available for the Year
2.43 Ending June 30
2.44 2000 2001
2.45 Sec. 2. POLLUTION CONTROL
3.1 AGENCY
3.2 Subdivision 1. Total
3.3 Appropriation 48,916,000 50,711,000
3.4 Summary by Fund
3.5 General 16,202,000 16,740,000
3.6 Petroleum Tank 3,333,000 3,393,000
3.7 State Government
3.8 Special Revenue 44,000 45,000
3.9 Environmental 20,440,000 21,479,000
3.10 Solid Waste 8,897,000 9,054,000
3.11 The amounts that may be spent from this
3.12 appropriation for each program are
3.13 specified in the following subdivisions.
3.14 Subd. 2. Protection of the Water
3.15 15,555,000 16,739,000
3.16 Summary by Fund
3.17 General 12,399,000 12,908,000
3.18 State Government
3.19 Special Revenue 44,000 45,000
3.20 Environmental 3,112,000 3,786,000
3.21 $1,973,000 the first year and
3.22 $1,973,000 the second year are for
3.23 grants to local units of government for
3.24 the clean water partnership program.
3.25 Any unencumbered balance remaining in
3.26 the first year does not cancel and is
3.27 available for the second year of the
3.28 biennium.
3.29 $523,000 the first year and $528,000
3.30 the second year are for the Minnesota
3.31 River nonpoint source pollution program
3.32 and must be matched by federal dollars.
3.33 $1,470,000 the first year and
3.34 $1,841,000 the second year are for
3.35 grants for county administration of the
3.36 feedlot permit program. These amounts
3.37 are transferred to the board of water
3.38 and soil resources for disbursement in
3.39 accordance with Minnesota Statutes,
3.40 section 103B.3369, in cooperation with
3.41 the pollution control agency. Grants
3.42 must be matched with a combination of
3.43 local cash and/or in-kind
3.44 contributions. Counties receiving
3.45 these grants shall submit an annual
3.46 report to the pollution control agency
3.47 regarding activities conducted under
3.48 the grant, expenditures made, and local
3.49 match contributions. First priority
3.50 for funding shall be given to counties
3.51 that have requested and received
3.52 delegation from the pollution control
3.53 agency for processing of animal feedlot
3.54 permit applications under Minnesota
4.1 Statutes, section 116.07, subdivision
4.2 7. Delegated counties shall be
4.3 eligible to receive a grant of either:
4.4 $50 multiplied by the number of
4.5 livestock or poultry farms with sales
4.6 greater than $10,000, as reported in
4.7 the 1992 Census of Agriculture,
4.8 published by the United States Bureau
4.9 of Census; or $80 multiplied by the
4.10 number of feedlots with greater than
4.11 ten animal units as determined by a
4.12 level 2 or level 3 feedlot inventory
4.13 conducted in accordance with the
4.14 Feedlot Inventory Guidebook published
4.15 by the board of water and soil
4.16 resources, dated June 1991. To receive
4.17 the additional funding that is based on
4.18 the county feedlot inventory, the
4.19 county shall submit a copy of the
4.20 inventory to the pollution control
4.21 agency. Any remaining money is for
4.22 distribution to all counties on a
4.23 competitive basis through the challenge
4.24 grant process for the conducting of
4.25 feedlot inventories, development of
4.26 delegated county feedlot programs, and
4.27 for information and education or
4.28 technical assistance efforts to reduce
4.29 feedlot-related pollution hazards. Any
4.30 money remaining after the first year is
4.31 available for the second year.
4.32 $94,000 the first year and $97,000 the
4.33 second year are for compliance
4.34 activities and air quality monitoring
4.35 to address hydrogen sulfide emissions
4.36 from animal feedlots. The air quality
4.37 monitoring must include the use of
4.38 portable survey instruments.
4.39 $1,043,000 the first year and
4.40 $1,048,000 the second year are for
4.41 water monitoring activities.
4.42 $320,000 the first year and $322,000
4.43 the second year are for community
4.44 technical assistance and education,
4.45 including grants and technical
4.46 assistance to communities for local and
4.47 basin-wide water quality protection.
4.48 $201,000 the first year and $202,000
4.49 the second year are for individual
4.50 sewage treatment system (ISTS) grants.
4.51 Any unexpended balance in the first
4.52 year does not cancel, but is available
4.53 in the second year. Of this amount,
4.54 $86,000 in each year is transferred to
4.55 the board of water and soil resources
4.56 for assistance to local units of
4.57 government through competitive grant
4.58 programs for ISTS program development.
4.59 $250,000 the first year and $500,000
4.60 the second year are for studies to
4.61 determine total maximum daily load
4.62 allocations to improve water quality.
4.63 This is a one-time appropriation.
4.64 $300,000 each year is for continuing
4.65 research on malformed frogs. This is a
5.1 one-time appropriation.
5.2 $126,000 is for administration of the
5.3 wastewater infrastructure fund (WIF)
5.4 construction program. This is a
5.5 one-time appropriation.
5.6 Until July 1, 2001, the maximum
5.7 administrative penalty order issued
5.8 under Minnesota Statutes, section
5.9 116.072, for all violations identified
5.10 during an inspection or other
5.11 compliance review of a feedlot is
5.12 $5,000. If the commissioner determines
5.13 that the violation has been corrected
5.14 or appropriate steps are being taken to
5.15 correct the action, the penalty must be
5.16 forgiven. For repeat violations, the
5.17 maximum penalty is $10,000. The
5.18 commissioner may reduce the penalty by
5.19 up to 90 percent if the money is spent
5.20 on environmental improvements to the
5.21 farm.
5.22 Subd. 3. Protection of the Air
5.23 7,873,000 8,064,000
5.24 Summary by Fund
5.25 General 183,000 183,000
5.26 Environmental 7,690,000 7,881,000
5.27 Up to $150,000 the first year and
5.28 $150,000 the second year may be
5.29 transferred to the small business
5.30 environmental improvement loan account
5.31 established in Minnesota Statutes,
5.32 section 116.994.
5.33 $200,000 each year from the
5.34 environmental fund is for a monitoring
5.35 program under Minnesota Statutes,
5.36 section 116.454.
5.37 $183,000 the first year and $183,000
5.38 the second year are for mercury
5.39 reduction strategies.
5.40 Subd. 4. Protection of the
5.41 Land
5.42 18,456,000 18,808,000
5.43 Summary by Fund
5.44 General 1,722,000 1,746,000
5.45 Petroleum Tank 2,891,000 2,951,000
5.46 Environmental 6,082,000 6,221,000
5.47 Solid Waste 7,761,000 7,890,000
5.48 All money in the environmental
5.49 response, compensation, and compliance
5.50 account in the environmental fund not
5.51 otherwise appropriated is appropriated
5.52 to the commissioners of the pollution
5.53 control agency and the department of
6.1 agriculture for purposes of Minnesota
6.2 Statutes, section 115B.20, subdivision
6.3 2, clauses (1), (2), (3), (4), (10),
6.4 (11), and (12). At the beginning of
6.5 each fiscal year, the two commissioners
6.6 shall jointly submit an annual spending
6.7 plan to the commissioner of finance
6.8 that maximizes the utilization of
6.9 resources and appropriately allocates
6.10 the money between the two agencies.
6.11 This appropriation is available until
6.12 June 30, 2001.
6.13 The agency's annual performance reports
6.14 required for this biennium under
6.15 Minnesota Statutes, section 15.91, must
6.16 specify the amount of lead, mercury,
6.17 and cadmium contained in sewage
6.18 biosolids spread on the land after
6.19 wastewater treatment.
6.20 $482,000 the first year and $483,000
6.21 the second year are from the solid
6.22 waste fund for evaluation of
6.23 unpermitted mixed municipal solid waste
6.24 disposal facilities to determine the
6.25 presence and concentration of hazardous
6.26 substances, pollutants or contaminants,
6.27 and decomposition gases, and to
6.28 determine the boundaries of fill
6.29 areas. This appropriation is available
6.30 until June 30, 2001. As a part of the
6.31 November 1, 2000, report required in
6.32 Minnesota Statutes, section 115B.453,
6.33 subdivision 3, the commissioner shall
6.34 report on results of the investigation
6.35 of unpermitted mixed municipal solid
6.36 waste disposal facilities. The report
6.37 must include recommendations for the
6.38 inclusion of sites in the municipal
6.39 dump cleanup program under Minnesota
6.40 Statutes, sections 115B.451 to
6.41 115B.455. $196,000 the first year is
6.42 for transfer to the commissioner of
6.43 health for costs of monitoring at
6.44 eligible facilities.
6.45 $2,125,000 in each year is from the
6.46 solid waste fund for municipal dump
6.47 cleanup grants under Minnesota
6.48 Statutes, sections 115B.451 to
6.49 115B.455. This appropriation is
6.50 available until June 30, 2001.
6.51 Notwithstanding Minnesota Statutes,
6.52 section 16A.125, $117,000 is
6.53 transferred from the motor vehicle
6.54 transfer account to the listed metals
6.55 account in the environmental fund to
6.56 offset the revenue deficiency from the
6.57 fee collected under Minnesota Statutes,
6.58 section 115A.9651.
6.59 Subd. 5. General Support
6.60 7,032,000 7,100,000
6.61 Summary by Fund
6.62 General 1,898,000 1,903,000
7.1 Petroleum Tank 442,000 442,000
7.2 Environmental 3,556,000 3,591,000
7.3 Solid Waste 1,136,000 1,164,000
7.4 Sec. 3. OFFICE OF ENVIRONMENTAL
7.5 ASSISTANCE 22,108,000 22,196,000
7.6 Summary by Fund
7.7 General 20,840,000 20,923,000
7.8 Environmental 1,268,000 1,273,000
7.9 $14,008,000 the first year and
7.10 $14,008,000 the second year are for the
7.11 SCORE block grants to counties.
7.12 Any unencumbered grant and loan
7.13 balances in the first year do not
7.14 cancel but are available for grants and
7.15 loans in the second year.
7.16 All money in the metropolitan landfill
7.17 abatement account in the environmental
7.18 fund not otherwise appropriated is
7.19 appropriated to the office of
7.20 environmental assistance for the
7.21 purposes of Minnesota Statutes, section
7.22 473.844.
7.23 Notwithstanding Minnesota Statutes,
7.24 section 115A.54, subdivision 2,
7.25 paragraph (h), and rules of the office
7.26 of environmental assistance, an
7.27 applicant that receives a grant from
7.28 money appropriated in Laws 1998,
7.29 chapter 404, section 8, for less than
7.30 25 percent of the total capital costs
7.31 of a project may be issued a second
7.32 grant for capital costs of the project
7.33 from other money appropriated for
7.34 capital assistance grants. For the
7.35 purpose of the grants issued under this
7.36 item, each grant phase of the project
7.37 shall be considered a separate project.
7.38 $1,107,000 the first year and
7.39 $1,107,000 the second year are for an
7.40 increase in the environmental
7.41 assistance grant program.
7.42 $370,000 the first year and $370,000
7.43 the second year are for an increase in
7.44 environmental information and education
7.45 programs.
7.46 Sec. 4. ZOOLOGICAL BOARD 17,417,000 17,897,000
7.47 Sec. 5. NATURAL RESOURCES
7.48 Subdivision 1. Total
7.49 Appropriation 209,128,000 202,798,000
7.50 Summary by Fund
7.51 General 120,317,000 112,654,000
7.52 Natural Resources 25,273,000 24,623,000
8.1 Game and Fish 63,438,000 65,421,000
8.2 Solid Waste 100,000 100,000
8.3 The amounts that may be spent from this
8.4 appropriation for each program are
8.5 specified in the following subdivisions.
8.6 Subd. 2. Mineral Resources Management
8.7 5,054,000 5,164,000
8.8 $311,000 the first year and $311,000
8.9 the second year are for iron ore
8.10 cooperative research, of which $225,000
8.11 the first year and $225,000 the second
8.12 year are available only as matched by
8.13 $1 of nonstate money for each $1 of
8.14 state money. Any unencumbered balance
8.15 remaining in the first year does not
8.16 cancel but is available for the second
8.17 year.
8.18 $378,000 the first year and $379,000
8.19 the second year are for mineral
8.20 diversification. Any unencumbered
8.21 balance remaining in the first year
8.22 does not cancel but is available for
8.23 the second year.
8.24 $46,000 the first year and $47,000 the
8.25 second year are for minerals
8.26 cooperative environmental research, of
8.27 which $30,000 the first year and
8.28 $30,000 the second year are available
8.29 only as matched by $1 of nonstate money
8.30 for each $1 of state money. Any
8.31 unencumbered balance remaining in the
8.32 first year does not cancel but is
8.33 available for the second year.
8.34 Subd. 3. Water Resources Management
8.35 15,263,000 12,293,000
8.36 Summary by Fund
8.37 General 15,001,000 12,024,000
8.38 Natural Resources 262,000 269,000
8.39 $170,000 the first year and $170,000
8.40 the second year are for a grant to the
8.41 Mississippi headwaters board for up to
8.42 50 percent of the cost of implementing
8.43 the comprehensive plan for the upper
8.44 Mississippi within areas under its
8.45 jurisdiction.
8.46 $17,000 the first year and $17,000 the
8.47 second year are for payment to the
8.48 Leech Lake Band of Chippewa Indians to
8.49 implement its portion of the
8.50 comprehensive plan for the upper
8.51 Mississippi.
8.52 $500,000 the first year and $500,000
8.53 the second year are for water
8.54 monitoring activities, including
8.55 gauging of priority lakes and
8.56 watersheds, dissemination of
9.1 information, replacement of equipment,
9.2 and installation of observation wells,
9.3 groundwater sensitivity maps, and
9.4 documentation.
9.5 $25,000 the first year and $25,000 the
9.6 second year are for a grant to the
9.7 joint powers board established under
9.8 Minnesota Statutes, section 471.59, for
9.9 the Lewis and Clark rural water system.
9.10 $2,000,000 the first year and
9.11 $1,000,000 the second year are for
9.12 grants to local units of government
9.13 located within the Red River Basin for
9.14 floodwater management projects
9.15 including comprehensive watershed
9.16 plans, agency interdisciplinary teams
9.17 for each watershed in the Red River
9.18 Valley, and a basin information
9.19 repository including data on flood
9.20 flows and water supply.
9.21 $100,000 the first year is for grants
9.22 for flood water management projects
9.23 where prior to the effective date of
9.24 this section: (1) a work permit
9.25 application has been submitted for the
9.26 project; and (2) the Red river
9.27 mediation working group has approved
9.28 the project.
9.29 $550,000 the first year is for the
9.30 construction of ring dikes under
9.31 Minnesota Statutes, section 103F.161.
9.32 The ring dikes may be publicly or
9.33 privately owned.
9.34 $1,200,000 the first year is for the
9.35 stream protection and redevelopment
9.36 loan program under Minnesota Statutes,
9.37 section 103G.705.
9.38 $150,000 is for payments to the
9.39 counties of Beltrami, Marshall, and
9.40 Roseau for the payment of unpaid back
9.41 ditch assessments on state lands,
9.42 including penalties and interest, as
9.43 certified by the auditors of Beltrami,
9.44 Marshall, and Roseau counties and
9.45 approved by the state auditor.
9.46 Subd. 4. Forest Management
9.47 35,150,000 35,215,000
9.48 Summary by Fund
9.49 General 34,697,000 34,751,000
9.50 Natural Resources 453,000 464,000
9.51 $3,500,000 the first year and
9.52 $3,500,000 the second year are for
9.53 presuppression and suppression costs of
9.54 emergency fire fighting. If the
9.55 appropriation for either year is
9.56 insufficient to cover all costs of
9.57 suppression, the amount necessary to
9.58 pay for emergency firefighting expenses
9.59 during the biennium is appropriated
10.1 from the general fund. If money is
10.2 spent under the appropriation in the
10.3 preceding sentence, the commissioner of
10.4 natural resources shall, by 15 days
10.5 after the end of the following quarter,
10.6 report on how the money was spent to
10.7 the chairs of the house of
10.8 representatives ways and means
10.9 committee, the environment and
10.10 agriculture budget division of the
10.11 senate environment and natural
10.12 resources committee, and the house of
10.13 representatives environment and natural
10.14 resources finance committee. The
10.15 appropriations may not be transferred.
10.16 $600,000 the first year and $600,000
10.17 the second year are for programs and
10.18 practices on state, county, and private
10.19 lands to regenerate and protect
10.20 Minnesota's white pine. Up to $280,000
10.21 of the appropriation in each year may
10.22 be used by the commissioner to provide
10.23 50 percent matching funds to implement
10.24 cultural practices for white pine
10.25 management on nonindustrial, private
10.26 forest lands at rates specified in the
10.27 Minnesota stewardship incentives
10.28 program manual. Up to $150,000 of the
10.29 appropriation in each year may be used
10.30 by the commissioner to provide funds to
10.31 implement cultural practices for white
10.32 pine management on county-administered
10.33 lands through grant agreements with
10.34 individual counties, with priorities
10.35 for areas that experienced wind damage
10.36 in July 1995. $40,000 each year is for
10.37 a study of the natural regeneration
10.38 process of white pine. The remainder
10.39 of the funds in each fiscal year will
10.40 be available to the commissioner for
10.41 white pine regeneration and protection
10.42 on department-administered lands.
10.43 $150,000 the first year and $150,000
10.44 the second year are appropriated to the
10.45 commissioner for a grant to the
10.46 University of Minnesota's College of
10.47 Natural Resources for research to
10.48 reduce the impact of blister rust on
10.49 Minnesota's white pine.
10.50 $61,000 the first year and $62,000 the
10.51 second year are for the focus on
10.52 community forests program, to provide
10.53 communities with natural resources
10.54 technical assistance.
10.55 $450,000 the first year is for grants
10.56 to local community forest ecosystem
10.57 health programs. This appropriation is
10.58 available until June 30, 2001. The
10.59 commissioner of natural resources shall
10.60 allocate individual grants of up to
10.61 $25,000 to local communities that match
10.62 the grants with nonstate money to
10.63 undertake projects that improve the
10.64 health of forest ecosystems, including
10.65 insect and disease suppression
10.66 programs, community-based forest health
10.67 education programs, and other
11.1 arboricultural treatments.
11.2 $200,000 is for grants to the city of
11.3 St. Peter and the city of Comfrey for
11.4 grants to private landowners to plant
11.5 trees within those cities.
11.6 $100,000 in each year is for additional
11.7 staff for the Minnesota conservation
11.8 corps.
11.9 Subd. 5. Parks and Recreation
11.10 Management
11.11 29,348,000 29,588,000
11.12 Summary by Fund
11.13 General 28,714,000 28,952,000
11.14 Natural Resources 634,000 636,000
11.15 $634,000 the first year and $636,000
11.16 the second year are from the water
11.17 recreation account in the natural
11.18 resources fund for state park
11.19 development projects. If the
11.20 appropriation in either year is
11.21 insufficient, the appropriation for the
11.22 other year is available for it.
11.23 $3,000,000 the first year and
11.24 $3,000,000 the second year are for
11.25 payment of a grant to the metropolitan
11.26 council for metropolitan area regional
11.27 parks maintenance and operation.
11.28 $400,000 in the first year is for a
11.29 grant to the metropolitan council for
11.30 the maintenance and repair of exhibit
11.31 areas at the Como Park zoo and
11.32 conservatory.
11.33 $50,000 the first year is for a grant
11.34 to the city of Taylors Falls for fire
11.35 and rescue operations in support of
11.36 Interstate park.
11.37 Subd. 6. Trails and Waterways
11.38 Management
11.39 18,887,000 16,917,000
11.40 Summary by Fund
11.41 General 3,117,000 2,283,000
11.42 Natural Resources 13,873,000 13,026,000
11.43 Game and Fish 1,897,000 1,608,000
11.44 $4,099,000 the first year and
11.45 $4,099,000 the second year are from the
11.46 snowmobile trails and enforcement
11.47 account in the natural resources fund
11.48 for snowmobile grants-in-aid.
11.49 $256,000 the first year and $257,000
11.50 the second year are from the water
11.51 recreation account in the natural
11.52 resources fund for a safe harbor
12.1 program on Lake Superior. Any
12.2 unencumbered balance at the end of the
12.3 first year does not cancel and is
12.4 available for the second year.
12.5 $500,000 the first year and $1,000,000
12.6 the second year are from the natural
12.7 resources fund for expansion of
12.8 off-highway vehicle facilities. Of
12.9 these amounts, $200,000 the first year
12.10 and $400,000 the second year are from
12.11 the all-terrain vehicle account,
12.12 $75,000 the first year and $150,000 the
12.13 second year are from the off-highway
12.14 motorcycle account, and $225,000 the
12.15 first year and $450,000 the second year
12.16 are from the off-road vehicle account
12.17 in the natural resources fund. This
12.18 appropriation is available until
12.19 expended.
12.20 $1,500,000 the first year is from the
12.21 natural resources fund to plan,
12.22 acquire, develop, and operate the Iron
12.23 Range off-highway vehicle area.
12.24 $750,000 of this appropriation is from
12.25 the all-terrain vehicle account,
12.26 $600,000 is from the off-road vehicle
12.27 account, and $150,000 is from the
12.28 off-highway motorcycle account. This
12.29 appropriation is available until
12.30 expended.
12.31 $50,000 the first year is for a grant
12.32 to the Upper Minnesota Valley regional
12.33 development commission for the
12.34 preliminary design and engineering of a
12.35 segment of the Minnesota river trail
12.36 from Appleton to the Milan Beach on
12.37 Lake Lac Qui Parle. Each dollar of the
12.38 grant must be matched by $2 of nonstate
12.39 money or in-kind contributions.
12.40 $100,000 the first year is for the
12.41 planning, development, and construction
12.42 of the Gitchi-Gami trail on the north
12.43 shore of Lake Superior. The trail must
12.44 be designed primarily for hiking and
12.45 bicycling and must connect communities,
12.46 state parks, and other points of
12.47 interest along the north shore.
12.48 $150,000 is for a grant to the Ramsey
12.49 county board of commissioners and to
12.50 the Washington county board of
12.51 commissioners for land acquisition for
12.52 and development of a nonmotorized trail
12.53 around White Bear Lake and for
12.54 development of a master plan for the
12.55 White Bear Lake to Stillwater regional
12.56 trail. Each dollar of the grant must
12.57 be matched by $2 of nonstate money or
12.58 in-kind contributions.
12.59 $75,000 is for a grant to the Ramsey
12.60 county board of commissioners and the
12.61 Washington county board of
12.62 commissioners for development of a
12.63 master plan for a trail around Silver
12.64 Lake, a trail and route around White
12.65 Bear Lake, and trail connections with
13.1 the Gateway trail and other state or
13.2 regional trails within the counties.
13.3 Each dollar of the grant must be
13.4 matched by $2 of nonstate money or
13.5 in-kind contributions.
13.6 $500,000 the first year is for
13.7 development of nonpaved alternate
13.8 trails that are adjacent to the
13.9 Heartland and Paul Bunyan state trails.
13.10 The amount raised from the sale of
13.11 metal traction device stickers under
13.12 Minnesota Statutes, section 84.8715,
13.13 prior to June 30, 1999, is for the
13.14 repair of paved public trails damaged
13.15 by snowmobiles.
13.16 By January 15, 2001, the commissioner
13.17 shall make recommendations to the
13.18 governor and legislature on retaining
13.19 the interest earnings in accounts
13.20 within the natural resources fund.
13.21 Subd. 7. Fish and Wildlife Management
13.22 48,192,000 49,711,000
13.23 Summary by Fund
13.24 General 6,968,000 6,666,000
13.25 Natural Resources 2,091,000 2,132,000
13.26 Game and Fish 39,133,000 40,913,000
13.27 $305,000 the first year and $310,000
13.28 the second year are for resource
13.29 population surveys in the 1837 treaty
13.30 area. Of this amount, $104,000 the
13.31 first year and $106,000 the second year
13.32 are from the game and fish fund.
13.33 $1,265,000 the first year and
13.34 $1,285,000 the second year are from the
13.35 nongame wildlife management account in
13.36 the natural resources fund for the
13.37 purpose of nongame wildlife
13.38 management. Any unencumbered balance
13.39 remaining in the first year does not
13.40 cancel but is available the second year.
13.41 $1,391,000 the first year and
13.42 $1,420,000 the second year are for the
13.43 reinvest in Minnesota programs of game
13.44 and fish, critical habitat, and
13.45 wetlands established under Minnesota
13.46 Statutes, section 84.95, subdivision
13.47 2. Any unencumbered balance for the
13.48 first year does not cancel but is
13.49 available for use the second year.
13.50 $1,401,000 the first year and
13.51 $1,409,000 the second year are from the
13.52 wildlife acquisition account for only
13.53 the purposes specified in Minnesota
13.54 Statutes, section 97A.071, subdivision
13.55 2a.
13.56 $1,203,000 the first year and
13.57 $1,222,000 the second year are from the
14.1 deer habitat improvement account for
14.2 only the purposes specified in
14.3 Minnesota Statutes, section 97A.075,
14.4 subdivision 1, paragraph (b).
14.5 $1,047,000 the first year and
14.6 $1,047,000 the second year are from the
14.7 deer and bear management account for
14.8 only the purposes specified in
14.9 Minnesota Statutes, section 97A.075,
14.10 subdivision 1, paragraph (c).
14.11 $682,000 the first year and $691,000
14.12 the second year are from the waterfowl
14.13 habitat improvement account for only
14.14 the purposes specified in Minnesota
14.15 Statutes, section 97A.075, subdivision
14.16 2.
14.17 $658,000 the first year and $662,000
14.18 the second year are from the trout and
14.19 salmon management account for only the
14.20 purposes specified in Minnesota
14.21 Statutes, section 97A.075, subdivision
14.22 3.
14.23 $546,000 the first year and $546,000
14.24 the second year are from the pheasant
14.25 habitat improvement account for only
14.26 the purposes specified in Minnesota
14.27 Statutes, section 97A.075, subdivision
14.28 4. In addition to the purposes
14.29 specified in Minnesota Statutes,
14.30 section 97A.075, subdivision 4, this
14.31 appropriation may be used for pheasant
14.32 restocking efforts.
14.33 $84,000 the first year and $85,000 the
14.34 second year are from the wild turkey
14.35 management account for only the
14.36 purposes specified in Minnesota
14.37 Statutes, section 97A.075, subdivision
14.38 5.
14.39 $299,000 the first year and $303,000
14.40 the second year are from the game and
14.41 fish fund for activities relating to
14.42 reduction and prevention of property
14.43 damage by wildlife. $50,000 each year
14.44 is for emergency damage abatement
14.45 materials.
14.46 $100,000 the first year and $100,000
14.47 the second year are for water
14.48 monitoring activities, including
14.49 integrated monitoring using biology,
14.50 chemistry, hydrology, and habitat
14.51 assessment for water quality assessment.
14.52 $25,000 is from the game and fish fund
14.53 for an actuarial study of the fee
14.54 structure for lifetime hunting and
14.55 fishing licenses.
14.56 Subd. 8. Enforcement
14.57 22,136,000 22,331,000
14.58 Summary by Fund
14.59 General 3,934,000 3,711,000
15.1 Natural Resources 4,376,000 4,432,000
15.2 Game and Fish 13,726,000 14,088,000
15.3 Solid Waste 100,000 100,000
15.4 $1,082,000 the first year and
15.5 $1,082,000 the second year are from the
15.6 water recreation account in the natural
15.7 resources fund for grants to counties
15.8 for boat and water safety.
15.9 $100,000 each year is from the solid
15.10 waste fund for solid waste enforcement
15.11 activities under Minnesota Statutes,
15.12 section 116.073.
15.13 $290,000 each year from the snowmobile
15.14 trails and enforcement account in the
15.15 natural resources fund is for grants to
15.16 local law enforcement agencies for
15.17 snowmobile enforcement activities above
15.18 and beyond current levels of local law
15.19 enforcement activities.
15.20 $302,000 the first year is for
15.21 conversion to the Minnesota state
15.22 patrol's 800 MHz radio system in the
15.23 nine-county metropolitan area. This is
15.24 a one-time appropriation.
15.25 Overtime shall be distributed to
15.26 conservation officers at historical
15.27 levels. If funding for enforcement is
15.28 reduced because of an unallotment, the
15.29 overtime bank may be reduced in
15.30 proportion to reductions made in other
15.31 areas of the budget.
15.32 $40,000 each year is from the natural
15.33 resources fund for a one-half time
15.34 conservation officer position for the
15.35 Iron Range off-highway vehicle
15.36 recreation area.
15.37 Subd. 9. Operations Support
15.38 35,098,000 31,579,000
15.39 Summary by Fund
15.40 General 22,832,000 19,103,000
15.41 Natural Resources 3,584,000 3,664,000
15.42 Game and Fish 8,682,000 8,812,000
15.43 The commissioner of natural resources
15.44 may contract with and make grants to
15.45 nonprofit agencies to carry out the
15.46 purposes, plans, and programs of the
15.47 office of youth programs, Minnesota
15.48 conservation corps.
15.49 $339,000 the first year and $342,000
15.50 the second year are for the community
15.51 assistance program, including
15.52 metropolitan trout stream watershed
15.53 coordinators, Red River technical
15.54 assistance, northeast Minnesota public
15.55 affairs and communication, southwest
16.1 Minnesota planning assistance, Metro
16.2 Greenways and natural areas assistance
16.3 and grants, and regional resource
16.4 enhancement grants.
16.5 $101,000 the first year and $101,000
16.6 the second year are for the Southeast
16.7 Asian environmental education
16.8 internship and training program.
16.9 $700,000 the first year and $500,000
16.10 the second year are for information
16.11 technology projects.
16.12 $4,500,000 the first year and $500,000
16.13 the second year are for statewide asset
16.14 preservation and repair.
16.15 Sec. 6. BOARD OF WATER AND
16.16 SOIL RESOURCES 18,965,000 18,650,000
16.17 $5,505,000 the first year and
16.18 $5,505,000 the second year are for
16.19 natural resources block grants to local
16.20 governments. Of this amount, $50,000
16.21 each year is for a grant to the North
16.22 Shore Management Board, $35,000 each
16.23 year is for a grant to the St. Louis
16.24 River Board, $125,000 each year is for
16.25 a grant to the Minnesota River Basin
16.26 Joint Powers Board, and $27,000 each
16.27 year is for a grant to the Southeast
16.28 Minnesota Resources Board.
16.29 $100,000 the first year is for a grant
16.30 to the Minnesota river basin data
16.31 center at Minnesota State University,
16.32 Mankato.
16.33 The board shall reduce the amount of
16.34 the natural resource block grant to a
16.35 county by an amount equal to any
16.36 reduction in the county's general
16.37 services allocation to a soil and water
16.38 conservation district from the county's
16.39 1998 allocation.
16.40 Grants must be matched with a
16.41 combination of local cash or in-kind
16.42 contributions. The base grant portion
16.43 related to water planning must be
16.44 matched by an amount that would be
16.45 raised by a levy under Minnesota
16.46 Statutes, section 103B.3369.
16.47 $2,599,000 the first year and
16.48 $2,599,000 the second year are for
16.49 grants to soil and water conservation
16.50 districts for general purposes,
16.51 nonpoint engineering, and for
16.52 implementation of the RIM conservation
16.53 reserve program. Upon approval of the
16.54 board, expenditures may be made from
16.55 these appropriations for supplies and
16.56 services benefiting soil and water
16.57 conservation districts.
16.58 $4,420,000 the first year and
16.59 $4,120,000 the second year are for
16.60 grants to soil and water conservation
16.61 districts for cost-sharing contracts
17.1 for erosion control and water quality
17.2 management. Of this amount, $3,150,000
17.3 the first year and $2,850,000 the
17.4 second year are for grants for
17.5 cost-sharing contracts for water
17.6 quality management on feedlots.
17.7 Priority must be given to feedlot
17.8 operators who have received notices of
17.9 violation and for feedlots in counties
17.10 that are conducting or have completed a
17.11 level 2 or level 3 feedlot inventory.
17.12 This appropriation is available until
17.13 expended. If the appropriation in
17.14 either year is insufficient, the
17.15 appropriation in the other year is
17.16 available for it.
17.17 $189,000 the first year and $189,000
17.18 the second year are for grants to
17.19 watershed districts and other local
17.20 units of government in the southern
17.21 Minnesota river basin study area 2 for
17.22 floodplain management. If the
17.23 appropriation in either year is
17.24 insufficient, the appropriation in the
17.25 other year is available for it.
17.26 Any unencumbered balance in the board's
17.27 program of grants does not cancel at
17.28 the end of the first year and is
17.29 available for the second year for the
17.30 same grant program.
17.31 $850,000 each year is for the
17.32 administrative costs of easement
17.33 programs.
17.34 $300,000 the first year and $300,000
17.35 the second year are for the information
17.36 resource management technology
17.37 initiative.
17.38 $25,000 in the first year and $25,000
17.39 in the second year are for a grant to
17.40 the Red River Basin Board to develop a
17.41 Red river basin plan and to coordinate
17.42 water management activities in the
17.43 states and provinces bordering the Red
17.44 river. This appropriation is available
17.45 only to the extent it is matched by a
17.46 proportionate amount from the states of
17.47 North Dakota and South Dakota and the
17.48 province of Manitoba. The unencumbered
17.49 balance in the first year does not
17.50 cancel and is available for the second
17.51 year.
17.52 If the appropriation in either year is
17.53 insufficient, the appropriation for the
17.54 other year is available for it.
17.55 Sec. 7. MINNESOTA-WISCONSIN
17.56 BOUNDARY AREA COMMISSION 183,000 188,000
17.57 Summary by Fund
17.58 General 150,000 154,000
17.59 Natural Resources 33,000 34,000
17.60 This appropriation is only available to
18.1 the extent it is matched by an equal
18.2 amount from the state of Wisconsin.
18.3 $33,000 the first year and $34,000 the
18.4 second year are from the water
18.5 recreation account in the natural
18.6 resources fund for the St. Croix
18.7 management and stewardship program.
18.8 Sec. 8. CITIZENS COUNCIL ON
18.9 VOYAGEURS NATIONAL PARK 66,000 68,000
18.10 Sec. 9. SCIENCE MUSEUM
18.11 OF MINNESOTA 1,164,000 1,164,000
18.12 Sec. 10. MINNESOTA ACADEMY
18.13 OF SCIENCE 41,000 41,000
18.14 $5,000 each year is for a program to
18.15 provide hands on science activities for
18.16 elementary school children.
18.17 Sec. 11. AGRICULTURE
18.18 Subdivision 1. Total
18.19 Appropriation 24,428,000 21,821,000
18.20 Summary by Fund
18.21 General 24,092,000 21,479,000
18.22 Environmental 336,000 342,000
18.23 The amounts that may be spent from this
18.24 appropriation for each program are
18.25 specified in the following subdivisions.
18.26 Subd. 2. Protection Service
18.27 11,969,000 11,194,000
18.28 Summary by Fund
18.29 General 11,633,000 10,852,000
18.30 Environmental 336,000 342,000
18.31 $336,000 the first year and $342,000
18.32 the second year are from the
18.33 environmental response, compensation,
18.34 and compliance account in the
18.35 environmental fund.
18.36 $158,000 the first year and $158,000
18.37 the second year are for payment of
18.38 claims relating to livestock damaged by
18.39 threatened or endangered animal species
18.40 and agricultural crops damaged by elk.
18.41 If the appropriation for either year is
18.42 insufficient, the appropriation for the
18.43 other year is available for it.
18.44 $500,000 each year is for dairy
18.45 diagnostic teams.
18.46 $25,000 the first year and $25,000 the
18.47 second year are for activities of the
18.48 dairy producers board under Minnesota
18.49 Statutes, section 17.76.
18.50 $100,000 is to conduct a predesign
19.1 study for a joint agency laboratory
19.2 that will serve the environmental
19.3 laboratory needs of the department of
19.4 agriculture, department of natural
19.5 resources, pollution control agency,
19.6 and the Minnesota department of health.
19.7 $985,000 the first year is for a grant
19.8 to the University of Minnesota to
19.9 pursue further research on diseases of
19.10 soybeans including, but not limited to,
19.11 soybean cyst nematode, white mold
19.12 (sclerotinia stem rot), phytophthora
19.13 root rot, and iron deficiency
19.14 chlorosis. A portion of this
19.15 appropriation may be designated for
19.16 research on specialty gene traits of
19.17 soybeans.
19.18 $25,000 is for a grant to the dairy
19.19 leaders roundtable. This appropriation
19.20 is available to the extent matched by
19.21 nonstate money until June 30, 2001.
19.22 $100,000 is transferred from the
19.23 general fund to the seed potato
19.24 inspection account in the agriculture
19.25 fund for the administration and
19.26 enforcement of Minnesota Statutes,
19.27 sections 21.80 to 21.92. This
19.28 appropriation is to supplement the fees
19.29 paid by seed potato growers.
19.30 Subd. 3. Agricultural Marketing and Development
19.31 5,346,000 5,265,000
19.32 Notwithstanding Minnesota Statutes,
19.33 section 41A.09, subdivision 3a, the
19.34 total payments from the ethanol
19.35 development account to all producers
19.36 may not exceed $67,917,000 for the
19.37 biennium ending June 30, 2001. If the
19.38 total amount for which all producers
19.39 are eligible in a quarter exceeds the
19.40 amount available for payments, the
19.41 commissioner shall make the payments on
19.42 a pro rata basis.
19.43 By July 15, 1999, the commissioner
19.44 shall transfer the unencumbered cash
19.45 balance in the ethanol development fund
19.46 established in Minnesota Statutes,
19.47 section 41B.044, to the general fund.
19.48 $141,000 the first year and $141,000
19.49 the second year are for transfer to the
19.50 Minnesota grown matching account and
19.51 may be used as grants for Minnesota
19.52 grown promotion under Minnesota
19.53 Statutes, section 17.109.
19.54 $80,000 the first year and $80,000 the
19.55 second year are for grants to farmers
19.56 for demonstration projects involving
19.57 sustainable agriculture. If a project
19.58 cost is more than $25,000, the amount
19.59 above $25,000 must be cost-shared at a
19.60 state-applicant ratio of one to one.
19.61 Priorities must be given for projects
19.62 involving multiple parties. Up to
20.1 $20,000 each year may be used for
20.2 dissemination of information about the
20.3 demonstration grant projects. If the
20.4 appropriation for either year is
20.5 insufficient, the appropriation for the
20.6 other is available.
20.7 $360,000 each year is for value-added
20.8 agricultural product processing and
20.9 marketing grants under Minnesota
20.10 Statutes, section 17.101, subdivision 5.
20.11 $610,000 the first year and $460,000
20.12 the second year are for continued
20.13 research of solutions and alternatives
20.14 for manure management and odor
20.15 control. This is a one-time
20.16 appropriation.
20.17 $150,000 the first year and $150,000
20.18 the second year are for annual
20.19 cost-share payments to resident farmers
20.20 for the costs of organic
20.21 certification. The annual cost-share
20.22 payments per farmer shall be two-thirds
20.23 of the cost of the certification or
20.24 $200, whichever is less. A certified
20.25 farmer is eligible to receive annual
20.26 certification cost-share payments for
20.27 up to five years. $50,000 each year is
20.28 for organic market and program
20.29 development. This appropriation is
20.30 available until expended.
20.31 Subd. 4. Administration and
20.32 Financial Assistance
20.33 10,889,000 8,550,000
20.34 $175,000 the first year and $175,000
20.35 the second year must be spent for the
20.36 WIC coupon program.
20.37 $49,000 the first year and $49,000 the
20.38 second year are for family farm
20.39 security interest payment adjustments.
20.40 If the appropriation for either year is
20.41 insufficient, the appropriation for the
20.42 other year is available for it. No new
20.43 loans may be approved in fiscal year
20.44 2000 or 2001.
20.45 $304,000 the first year and $306,000
20.46 the second year are for the family farm
20.47 advocacy program.
20.48 $70,000 the first year and $70,000 the
20.49 second year are for the Northern Crops
20.50 Institute. These appropriations may be
20.51 spent to purchase equipment and are
20.52 available until spent.
20.53 $200,000 the first year and $200,000
20.54 the second year are for grants to
20.55 agriculture information centers. The
20.56 grants are only available on a match
20.57 basis. The funds may be released at
20.58 the rate of $4 of state money for each
20.59 $1 of matching nonstate money that is
20.60 raised.
21.1 $115,000 the first year and $115,000
21.2 the second year are for the Seaway Port
21.3 Authority of Duluth.
21.4 $19,000 the first year and $19,000 the
21.5 second year are for a grant to the
21.6 Minnesota Livestock Breeders'
21.7 Association.
21.8 $75,000 the first year and $75,000 the
21.9 second year are for the Passing on the
21.10 Farm Center under Minnesota Statutes,
21.11 section 17.985. This appropriation is
21.12 available only to the extent matched
21.13 with nonstate money.
21.14 $50,000 in each year is for beaver
21.15 damage control grants for the purposes
21.16 of Minnesota Statutes, section 17.110.
21.17 $50,000 in each year is for activities
21.18 related to reform of the federal milk
21.19 marketing order system. Up to $50,000
21.20 of any unexpended balance from this
21.21 appropriation may be transferred to the
21.22 dairy services account.
21.23 $267,000 the first year and $260,000
21.24 the second year are for a pilot program
21.25 to expand the concept of the Minnesota
21.26 grown program pursuant to Laws 1998,
21.27 chapter 401, section 6.
21.28 $800,000 the first year and $800,000
21.29 the second year are for an electronic
21.30 information management system.
21.31 The commissioner of agriculture, in
21.32 consultation with the commissioner of
21.33 commerce and farm organizations, shall
21.34 prepare a plan to implement a program
21.35 to provide crop price insurance to
21.36 Minnesota farmers. The commissioner
21.37 must submit the implementation plan to
21.38 the members of the senate and house
21.39 agriculture and rural development
21.40 committees by February 1, 2000. The
21.41 plan must include:
21.42 (1) recommendations on levels of crop
21.43 price insurance;
21.44 (2) an analysis of the cost of crop
21.45 price insurance to the farmer;
21.46 (3) estimates of market potential for
21.47 the crop price insurance;
21.48 (4) recommendations for an
21.49 administrative structure to provide the
21.50 insurance; and
21.51 (5) estimates of state funding required
21.52 to underwrite the crop price insurance.
21.53 $745,000 is for livestock processing
21.54 plant grants under Minnesota Statutes,
21.55 section 41B.048.
21.56 $1,000,000 is for a grant to the city
21.57 of Windom to provide grants to assist
22.1 an expanding agricultural processing
22.2 facility. This is a one-time
22.3 appropriation.
22.4 $25,000 is appropriated to the
22.5 commissioner of agriculture to study
22.6 the impact of current and projected
22.7 trends in dairy farming on Minnesota's
22.8 dairy farmers and processors and
22.9 provide a strategic plan to make
22.10 Minnesota the number one dairy state in
22.11 the nation. The commissioner shall
22.12 hold at least five public hearings in
22.13 the agricultural regions of Minnesota
22.14 on the challenges and opportunities for
22.15 Minnesota's dairy farmers. At each of
22.16 the hearing locations, the commissioner
22.17 may organize tours of local dairy
22.18 facilities. Not later than February
22.19 15, 2000, the commissioner shall report
22.20 to the legislature on the findings of
22.21 the study. The report must include
22.22 recommendations on improvements in
22.23 state laws and rules that are in the
22.24 best interest of Minnesota's dairy
22.25 industry, environment, social climate,
22.26 and family farming operations. The
22.27 report must include:
22.28 (1) the impact of current trends on the
22.29 economic, social, and environmental
22.30 conditions in rural Minnesota;
22.31 (2) the impact of the current laws on
22.32 dairy farming in Minnesota;
22.33 (3) the impact of current dairy farming
22.34 trends on the long-term viability of
22.35 the dairy processing industry in
22.36 Minnesota;
22.37 (4) recommendations to provide for the
22.38 financial success and long-term
22.39 sustainability of dairy farming in
22.40 Minnesota; and
22.41 (5) recommendations on how state
22.42 government can better assist
22.43 Minnesota's dairy farmers develop and
22.44 use appropriate technologies, including
22.45 the upgrade of milking facilities,
22.46 rotational grazing, and other
22.47 sustainable methods.
22.48 Sec. 12. BOARD OF ANIMAL HEALTH 2,860,000 2,914,000
22.49 $350,000 the first year and $350,000
22.50 the second year are for a program to
22.51 control para-tuberculosis ("Johne's
22.52 disease") in domestic bovine herds.
22.53 $40,000 the first year and $40,000 the
22.54 second year are for a grant to the
22.55 University of Minnesota college of
22.56 veterinary medicine to be used for
22.57 development and implementation of the
22.58 companion animal resource education
22.59 program, in collaboration with the
22.60 Minnesota extension service.
22.61 $118,000 each year is for a program to
23.1 investigate the avian pneumovirus
23.2 disease and to identify the infected
23.3 flocks.
23.4 Sec. 13. MINNESOTA HORTICULTURAL
23.5 SOCIETY 82,000 82,000
23.6 Sec. 14. AGRICULTURAL UTILIZATION
23.7 RESEARCH INSTITUTE 4,330,000 4,330,000
23.8 $200,000 the first year and $200,000
23.9 the second year are for hybrid tree
23.10 management research and development of
23.11 an implementation plan for establishing
23.12 hybrid tree plantations in the state.
23.13 This appropriation is available to the
23.14 extent matched by $2 of nonstate
23.15 contributions, either cash or in kind,
23.16 for each $1 of state money.
23.17 Sec. 15. MINNESOTA RESOURCES
23.18 Subdivision 1. Total
23.19 Appropriation 29,245,000 13,005,000
23.20 All of the appropriations in this
23.21 section are one-time appropriations
23.22 unless otherwise specified.
23.23 Summary by Fund
23.24 Minnesota Future
23.25 Resources Fund 16,040,000 - 0 -
23.26 Environment and
23.27 Natural Resources
23.28 Trust Fund 13,005,000 13,005,000
23.29 Great Lakes
23.30 Protection Account 200,000 - 0 -
23.31 Appropriations from the Minnesota
23.32 future resources fund and the Great
23.33 Lakes protection account are available
23.34 for either year of the biennium.
23.35 For appropriations from the environment
23.36 and natural resources trust fund, any
23.37 unencumbered balance remaining in the
23.38 first year does not cancel and is
23.39 available for the second year of the
23.40 biennium.
23.41 Unless otherwise provided, the amounts
23.42 in this section are available until
23.43 June 30, 2001, when projects must be
23.44 completed and final products delivered.
23.45 Subd. 2. Definitions
23.46 (a) "Future resources fund" means the
23.47 Minnesota future resources fund
23.48 referred to in Minnesota Statutes,
23.49 section 116P.13.
23.50 (b) "Trust fund" means the Minnesota
23.51 environment and natural resources trust
23.52 fund referred to in Minnesota Statutes,
23.53 section 116P.02, subdivision 6.
23.54 (c) "Great Lakes protection account"
24.1 means the account referred to in
24.2 Minnesota Statutes, section 116Q.02.
24.3 Subd. 3. Legislative Commission
24.4 on Minnesota Resources
24.5 616,000 284,000
24.6 Summary by Fund
24.7 Minnesota Future
24.8 Resources Fund 333,000 - 0 -
24.9 Environment and
24.10 Natural Resources
24.11 Trust Fund 283,000 284,000
24.12 $333,000 is from the future resources
24.13 fund and $283,000 the first year and
24.14 $284,000 the second year are from the
24.15 trust fund, pursuant to Minnesota
24.16 Statutes, section 116P.09, subdivision
24.17 5.
24.18 Subd. 4. Recreation
24.19 7,665,000 2,845,000
24.20 Summary by Fund
24.21 Minnesota Future
24.22 Resources Fund 4,820,000 - 0 -
24.23 Environment and
24.24 Natural Resources
24.25 Trust Fund 2,845,000 2,845,000
24.26 (a) Local Initiatives Grants
24.27 Program
24.28 This appropriation is to the
24.29 commissioner of natural resources to
24.30 provide matching grants, as follows:
24.31 (1) $1,950,000 is from the future
24.32 resources fund to local units of
24.33 government for local park and
24.34 recreation areas of up to $250,000
24.35 notwithstanding Minnesota Statutes,
24.36 section 85.019. $50,000 is to complete
24.37 the Larue Pit Recreation Development.
24.38 $460,000 is available immediately upon
24.39 enactment.
24.40 (2) $435,000 the first year and
24.41 $435,000 the second year are from the
24.42 trust fund to local units of government
24.43 for natural and scenic areas pursuant
24.44 to Minnesota Statutes, section 85.019.
24.45 (3) $1,220,000 is from the future
24.46 resources fund for trail grants to
24.47 local units of government on land to be
24.48 maintained for at least 20 years for
24.49 the purposes of the grant. $500,000 is
24.50 for grants of up to $50,000 per project
24.51 for trail linkages between communities,
24.52 trails, and parks, and $720,000 is for
24.53 grants of up to $250,000 for locally
24.54 funded trails of regional significance
24.55 outside the metropolitan area.
25.1 (4) $305,000 the first year and
25.2 $305,000 the second year are from the
25.3 trust fund for a statewide conservation
25.4 partners program, to encourage private
25.5 organizations and local governments to
25.6 cost share improvement of fish,
25.7 wildlife, and native plant habitats and
25.8 research and surveys of fish and
25.9 wildlife. Conservation partners grants
25.10 may be up to $20,000 each. $10,000 is
25.11 for an agreement with the Canby
25.12 Sportsman's Club for shelterbelts for
25.13 habitat and erosion control.
25.14 (5) $100,000 the first year and
25.15 $100,000 the second year are from the
25.16 trust fund for environmental
25.17 partnerships program grants of up to
25.18 $20,000 each for environmental service
25.19 projects and related education
25.20 activities through public and private
25.21 partnerships.
25.22 In addition to the required work
25.23 program, grants may not be approved
25.24 until grant proposals to be funded have
25.25 been submitted to the legislative
25.26 commission on Minnesota resources and
25.27 the commission has approved the grants
25.28 or allowed 60 days to pass. The
25.29 commission shall monitor the grants for
25.30 approximate balance over extended
25.31 periods of time between the
25.32 metropolitan area as defined in
25.33 Minnesota Statutes, section 473.121,
25.34 subdivision 2, and the nonmetropolitan
25.35 area through work program oversight and
25.36 periodic allocation decisions. For the
25.37 purpose of this paragraph, the match
25.38 must be nonstate contributions, but may
25.39 be either cash or in-kind. Recipients
25.40 may receive funding for more than one
25.41 project in any given grant period.
25.42 This appropriation is available until
25.43 June 30, 2002, at which time the
25.44 project must be completed and final
25.45 products delivered, unless an earlier
25.46 date is specified in the work program.
25.47 If a project financed under this
25.48 program receives a federal grant, the
25.49 availability of the financing from this
25.50 subdivision for that project is
25.51 extended to equal the period of the
25.52 federal grant.
25.53 (b) Mesabi Trail Land
25.54 Acquisition and
25.55 Development - Continuation
25.56 $1,000,000 the first year is from the
25.57 future resources fund to the
25.58 commissioner of natural resources for
25.59 an agreement with St. Louis and Lake
25.60 Counties Regional Rail Authority for
25.61 the fourth biennium to develop and
25.62 acquire segments of the Mesabi trail
25.63 and procure design and engineering for
25.64 trail heads and enhancements. This
25.65 appropriation must be matched by at
25.66 least $1,000,000 of nonstate money.
25.67 This appropriation is available until
26.1 June 30, 2002, at which time the
26.2 project must be completed and final
26.3 products delivered, unless an earlier
26.4 date is specified in the work program.
26.5 (c) Kabetogama to Ash River
26.6 Community Trail System
26.7 $100,000 the first year is from the
26.8 future resources fund to the
26.9 commissioner of natural resources for
26.10 an agreement with Kabetogama Lake
26.11 Association in cooperation with the
26.12 National Park Service for trail
26.13 construction linking Lake Kabetogama,
26.14 Ash River, and Voyageurs National Park.
26.15 This appropriation must be matched by
26.16 at least $100,000 of nonstate money.
26.17 This appropriation is available until
26.18 June 30, 2002, at which time the
26.19 project must be completed and final
26.20 products delivered, unless an earlier
26.21 date is specified in the work program.
26.22 (d) Mesabi Trail
26.23 Connection
26.24 $80,000 the first year is from the
26.25 future resources fund to the
26.26 commissioner of natural resources for
26.27 an agreement with the East Range Joint
26.28 Powers Board to develop trail
26.29 connections to the Mesabi Trail with
26.30 the communities of Aurora, Hoyt Lakes,
26.31 and White. This appropriation must be
26.32 matched by at least $80,000 of nonstate
26.33 money. This appropriation is available
26.34 until June 30, 2002, at which time the
26.35 project must be completed and final
26.36 products delivered, unless an earlier
26.37 date is specified in the work program.
26.38 (e) Dakota County
26.39 Bikeway Mapping
26.40 $15,000 the first year is from the
26.41 future resources fund to the
26.42 metropolitan council for an agreement
26.43 with Dakota county to cost share the
26.44 integration of digital elevation
26.45 information in the Dakota county
26.46 geographic information system database
26.47 with trail and bikeway routes and
26.48 develop maps for trail and bikeway
26.49 users.
26.50 (f) Mississippi Riverfront
26.51 Trail and Access
26.52 $155,000 the first year is from the
26.53 future resources fund to the
26.54 commissioner of natural resources for
26.55 an agreement with the city of Hastings
26.56 to acquire and restore the public
26.57 access area and to complete the
26.58 connecting riverfront trail from the
26.59 public access to lock and dam number
26.60 two adjacent to Lake Rebecca. This
26.61 appropriation must be matched by at
26.62 least $155,000 of nonstate money.
27.1 (g) Management and Restoration
27.2 of Natural Plant Communities
27.3 on State Trails
27.4 $75,000 the first year and $75,000 the
27.5 second year are from the trust fund to
27.6 the commissioner of natural resources
27.7 to manage and restore natural plant
27.8 communities along state trails under
27.9 Minnesota Statutes, section 85.015.
27.10 (h) North Shore Touring Trail
27.11 $275,000 the first year and $275,000
27.12 the second year are from the trust fund
27.13 to the commissioner of natural
27.14 resources in cooperation with the North
27.15 Shore Touring Trail Association for
27.16 construction of the north shore touring
27.17 trail connection through Split Rock
27.18 State Park. The commissioner must
27.19 submit grant requests for supplemental
27.20 funding for federal TEA-21 money in
27.21 eligible categories and report the
27.22 results to the legislative commission
27.23 on Minnesota resources. This
27.24 appropriation is available until June
27.25 30, 2002, at which time the project
27.26 must be completed and final products
27.27 delivered, unless an earlier date is
27.28 specified in the work program.
27.29 (i) State Park and Recreation
27.30 Area Acquisition, Development,
27.31 Betterment, and Rehabilitation
27.32 $500,000 the first year and $500,000
27.33 the second year are from the trust fund
27.34 to the commissioner of natural
27.35 resources as follows: (1) for state
27.36 park and recreation area acquisition,
27.37 $500,000; and (2) for state park and
27.38 recreation area development,
27.39 rehabilitation, and resource
27.40 management, $500,000, unless otherwise
27.41 specified in the approved work
27.42 program. The use of the Minnesota
27.43 conservation corps is encouraged. The
27.44 commissioner must submit grant requests
27.45 for supplemental funding for federal
27.46 TEA-21 money in eligible categories and
27.47 report the results to the legislative
27.48 commission on Minnesota resources.
27.49 This appropriation is available until
27.50 June 30, 2002, at which time the
27.51 project must be completed and final
27.52 products delivered, unless an earlier
27.53 date is specified in the work program.
27.54 (j) Fort Snelling State Park;
27.55 Upper Bluff Implementation -
27.56 Continuation
27.57 $125,000 the first year and $125,000
27.58 the second year are from the trust fund
27.59 to the commissioner of natural
27.60 resources to implement the utilization
27.61 plan for the Upper Bluff area of Fort
27.62 Snelling Park.
27.63 (k) Interpretive Boat
28.1 Tours of Hill Annex
28.2 Mine State Park
28.3 $30,000 the first year and $30,000 the
28.4 second year are from the trust fund to
28.5 the commissioner of natural resources
28.6 to add interpretive boat excursion
28.7 tours of the mine. The project will
28.8 include purchase and equipping of a
28.9 craft and development of a landing area.
28.10 (l) Metropolitan Regional Parks
28.11 Acquisition, Rehabilitation,
28.12 and Development
28.13 $1,000,000 the first year and
28.14 $1,000,000 the second year are from the
28.15 trust fund to the metropolitan council
28.16 for subgrants for acquisition,
28.17 development, and rehabilitation in the
28.18 metropolitan regional park system,
28.19 consistent with the metropolitan
28.20 council regional recreation open space
28.21 capital improvement plan. This
28.22 appropriation may be used for the
28.23 purchase of homes only if the purchases
28.24 are expressly included in the work
28.25 program approved by the legislative
28.26 commission on Minnesota resources. The
28.27 metropolitan council shall collect and
28.28 digitize all local, regional, state,
28.29 and federal parks and all off-road
28.30 trails with connecting on-road routes
28.31 for the metropolitan area and produce a
28.32 printed map that is available to the
28.33 public. This appropriation is
28.34 available until June 30, 2002, at which
28.35 time the project must be completed and
28.36 final products delivered, unless an
28.37 earlier date is specified in the work
28.38 program.
28.39 (m) Luce Line Trail
28.40 Connection Through
28.41 Wirth Park
28.42 $300,000 the first year is from the
28.43 future resources fund to the
28.44 metropolitan council for an agreement
28.45 with the Minneapolis Park and
28.46 Recreation Board to complete the
28.47 construction of a bicycle and
28.48 pedestrian trail link through Wirth
28.49 Park to connect the Minneapolis
28.50 Regional Trail System with the Luce
28.51 Line State Trail. This appropriation
28.52 must be matched by at least $300,000 of
28.53 nonstate money. This appropriation is
28.54 available until June 30, 2002, at which
28.55 time the project must be completed and
28.56 final products delivered, unless an
28.57 earlier date is specified in the work
28.58 program.
28.59 Subd. 5. Historic
28.60 737,000 213,000
28.61 Summary by Fund
28.62 Minnesota Future
29.1 Resources Fund 525,000 - 0 -
29.2 Environment and
29.3 Natural Resources
29.4 Trust Fund 212,000 213,000
29.5 (a) Documenting Traditional
29.6 Cultural Properties
29.7 in Minnesota
29.8 $50,000 the first year is from the
29.9 future resources fund to the Minnesota
29.10 Historical Society to identify and
29.11 protect traditional cultural places of
29.12 Minnesota Indian people. The society
29.13 must request matching funds from
29.14 nonstate sources and report the results
29.15 to the legislative commission on
29.16 Minnesota resources.
29.17 (b) Using National Register
29.18 Properties to Interpret
29.19 Minnesota History
29.20 $90,000 the first year is from the
29.21 future resources fund to the Minnesota
29.22 Historical Society to create
29.23 interactive, mini-documentaries in
29.24 Internet format using the National
29.25 Register properties to interpret
29.26 selected themes in Minnesota history.
29.27 (c) Historic Site Land
29.28 Acquisition
29.29 $87,000 the first year and $88,000 the
29.30 second year are from the trust fund to
29.31 the Minnesota Historical Society to
29.32 purchase land adjacent to the Lower
29.33 Sioux Agency, Jeffers Petroglyphs, and
29.34 Oliver Kelley Farm sites to protect the
29.35 historic resources. Allocation of
29.36 dollars between the three sites shall
29.37 be determined based on the willingness
29.38 of sellers and reasonable purchase
29.39 prices at the respective sites. This
29.40 appropriation is available until June
29.41 30, 2002, at which time the project
29.42 must be completed and final products
29.43 delivered, unless an earlier date is
29.44 specified in the work program.
29.45 (d) Murphy's Landing
29.46 Improvements to Prairie,
29.47 Accessible Trail, and
29.48 Ferry Landing
29.49 $110,000 the first year is from the
29.50 future resources fund to the Minnesota
29.51 Historical Society for an agreement
29.52 with Murphy's Landing for prairie
29.53 restoration, and construction of boat
29.54 and ferry landings and a lookout at
29.55 Historic Murphy's Landing on the
29.56 Minnesota River. This appropriation
29.57 must be matched by at least $75,000 of
29.58 nonstate money.
29.59 (e) Gibbs Farm Museum
29.60 Interpretation
30.1 $150,000 the first year is from the
30.2 future resources fund to the Minnesota
30.3 Historical Society for an agreement
30.4 with Ramsey County Historical Society
30.5 to build and furnish replica structures
30.6 of historic lifestyles and land use of
30.7 the Dakota and pioneers.
30.8 (f) Traverse des Sioux
30.9 Site Development
30.10 $125,000 the first year and $125,000
30.11 the second year are from the trust fund
30.12 to the Minnesota Historical Society to
30.13 improve public access to state historic
30.14 site Traverse des Sioux including
30.15 trails, interpretive markers, and basic
30.16 visitor amenities.
30.17 (g) Old Wadena Historic
30.18 Site Development
30.19 $25,000 the first year is from the
30.20 future resources fund to the Minnesota
30.21 Historical Society for an agreement
30.22 with Wah De Nah Historic and
30.23 Environmental Learning Project to
30.24 develop a footbridge, archaeological
30.25 survey, and educational programs. This
30.26 appropriation must be matched by at
30.27 least $6,000 of nonstate money.
30.28 (h) Pickwick Mill
30.29 Machine Restoration
30.30 $100,000 the first year is from the
30.31 future resources fund to the Minnesota
30.32 Historical Society for an agreement
30.33 with Pickwick Mill Inc. for the second
30.34 biennium to continue the restoration of
30.35 the machinery of Pickwick Mill. This
30.36 appropriation must be matched by at
30.37 least $25,000 of nonstate money.
30.38 Subd. 6. Water Quality
30.39 2,020,000 730,000
30.40 Summary by Fund
30.41 Minnesota Future
30.42 Resources Fund 1,290,000 - 0 -
30.43 Environment and
30.44 Natural Resources
30.45 Trust Fund 730,000 730,000
30.46 (a) On-Site Sewage Treatment
30.47 Alternatives; Performance,
30.48 Outreach and
30.49 Demonstration - Continuation
30.50 $275,000 the first year and $275,000
30.51 the second year are from the trust fund
30.52 to the commissioner of the pollution
30.53 control agency for the third biennium
30.54 to monitor previously built test sites
30.55 for pathogen removal and other
30.56 parameters for indicators of treatment
30.57 efficiency, to determine maintenance
30.58 needs and system longevity, and to
31.1 pursue the establishment of cooperative
31.2 demonstration projects.
31.3 (b) Identification of Sediment
31.4 Sources in Agricultural
31.5 Watersheds
31.6 $175,000 the first year and $175,000
31.7 the second year are from the trust fund
31.8 to the Science Museum of Minnesota to
31.9 quantify the contribution of streambank
31.10 erosion versus overland erosion sources
31.11 to riverine suspended sediment
31.12 concentrations. This appropriation
31.13 must be matched by at least $90,000 of
31.14 nonstate money.
31.15 (c) Accelerated Statewide
31.16 Local Water Plan
31.17 Implementation
31.18 $1,000,000 the first year is from the
31.19 future resources fund to the board of
31.20 water and soil resources to accelerate
31.21 the local water planning challenge
31.22 grant program under Minnesota Statutes,
31.23 section 103B.3361, to assist in the
31.24 implementation of high priority
31.25 activities in comprehensive water
31.26 management plans on a cost-share
31.27 basis. $140,000 of this appropriation
31.28 is to St. Louis county to inventory and
31.29 evaluate existing sewage treatment
31.30 systems. $75,000 of this appropriation
31.31 is to the Whitefish Area Property
31.32 Owners Association in cooperation with
31.33 Crow Wing county to inspect all
31.34 lakeshore properties on the Whitefish
31.35 chain of lakes for conformance with
31.36 septic system requirements. $50,000 of
31.37 this appropriation is to Chisago county
31.38 to develop sustainable wastewater
31.39 treatment alternatives which must be
31.40 matched by at least $30,000 of nonstate
31.41 money.
31.42 (d) Tracking Sources of Fecal
31.43 Pollution Using DNA Techniques
31.44 $150,000 the first year and $150,000
31.45 the second year are from the trust fund
31.46 to the University of Minnesota to
31.47 define sources of fecal pollution in
31.48 waters.
31.49 (e) Groundwater Flow in the
31.50 Prairie du Chien Aquifer
31.51 $55,000 the first year and $55,000 the
31.52 second year are from the trust fund to
31.53 the University of Minnesota to
31.54 characterize groundwater flow within
31.55 the Prairie du Chien Formation.
31.56 (f) Lake Minnetonka Citizens'
31.57 Monitoring and Education
31.58 Network
31.59 $40,000 the first year is from the
31.60 future resources fund to the
31.61 commissioner of natural resources for
32.1 an agreement with the Lake Minnetonka
32.2 Association to begin volunteer network
32.3 training and education for a
32.4 comprehensive monitoring program. This
32.5 appropriation must be matched by at
32.6 least $20,000 of nonstate money.
32.7 (g) Erosion Impacts on the
32.8 Cannon Valley Big Woods
32.9 $75,000 the first year and $75,000 the
32.10 second year are from the trust fund to
32.11 the University of Minnesota in
32.12 cooperation with the Big Woods Project
32.13 to determine historical and future
32.14 effects of land practices on soil
32.15 erosion levels and develop land
32.16 management tools in the big woods
32.17 ecosystem in Rice county.
32.18 (h) Lake Calhoun and Lake
32.19 Harriet Gravity Flow Stream System
32.20 $250,000 the first year is from the
32.21 future resources fund to the
32.22 metropolitan council for an agreement
32.23 with the Minneapolis Park and
32.24 Recreation Board to complete
32.25 construction of the gravity flow stream
32.26 connection between Lake Calhoun and
32.27 Lake Harriet to improve lakewater
32.28 quality and equalize water levels in
32.29 the chain of lakes. This appropriation
32.30 must be matched by sufficient nonstate
32.31 money to complete the project.
32.32 Subd. 7. Agriculture and Natural
32.33 Resource Based Industries
32.34 5,268,000 1,582,000
32.35 Summary by Fund
32.36 Minnesota Future
32.37 Resources Fund 3,685,000 - 0 -
32.38 Environment and
32.39 Natural Resources
32.40 Trust Fund 1,583,000 1,582,000
32.41 (a) Green Forest
32.42 Certification Project
32.43 $75,000 the first year and $75,000 the
32.44 second year are from the trust fund to
32.45 the commissioner of natural resources
32.46 for an agreement with the Institute for
32.47 Agriculture and Trade Policy to certify
32.48 foresters and to evaluate private
32.49 forest lands for green certification.
32.50 (b) Accelerated Transfer of New
32.51 Forest - Research Findings
32.52 $58,000 the first year and $57,000 the
32.53 second year are from the trust fund to
32.54 the University of Minnesota to
32.55 accelerate educational programming by
32.56 the sustainable forest education
32.57 cooperative on the practical
32.58 application of landscape-level analysis
33.1 in site-level forest management.
33.2 (c) Minnesota Wildlife
33.3 Tourism Initiative
33.4 $125,000 the first year and $125,000
33.5 the second year are from the trust fund
33.6 to the commissioner of natural
33.7 resources to develop, implement, and
33.8 evaluate a project focusing on wildlife
33.9 tourism as a sustainable industry in
33.10 Minnesota in cooperation with the
33.11 office of tourism.
33.12 (d) Integrated Prairie
33.13 Management
33.14 $175,000 the first year and $175,000
33.15 the second year are from the trust fund
33.16 to the commissioner of natural
33.17 resources for an agreement with the
33.18 University of Minnesota and Clay county
33.19 in a cooperative project for an
33.20 aggregate resource inventory on public
33.21 lands, prairie restoration and
33.22 research, and stewardship plans for
33.23 management options. This appropriation
33.24 is available until June 30, 2002, at
33.25 which time the project must be
33.26 completed and final products delivered,
33.27 unless an earlier date is specified in
33.28 the work program.
33.29 (e) Improved Agricultural Systems
33.30 Overlying Sensitive Aquifers
33.31 in Southwestern Minnesota
33.32 $200,000 the first year is from the
33.33 future resources fund to the
33.34 commissioner of agriculture for an
33.35 agreement with the University of
33.36 Minnesota, Southwest Experiment
33.37 Station, to provide technical support,
33.38 research, systems evaluation, and
33.39 advisory teams to protect sensitive
33.40 alluvial aquifers threatened by nitrate
33.41 contamination in southwest Minnesota.
33.42 (f) Diversifying Agriculture
33.43 for Environmental, Economic,
33.44 and Social Benefits
33.45 $300,000 the first year and $300,000
33.46 the second year are from the trust fund
33.47 to the University of Minnesota to
33.48 research new plant materials and crop
33.49 management systems for diversification.
33.50 (g) Minnesota River Basin
33.51 Initiative; Local Leadership
33.52 $350,000 the first year and $350,000
33.53 the second year are from the trust fund
33.54 to the board of water and soil
33.55 resources for a cost share agreement
33.56 with the Minnesota River Basin Joint
33.57 Powers Board for landscape planning and
33.58 demonstration, and restoration and
33.59 management projects for the Minnesota
33.60 River on a cost-share basis.
34.1 (h) Commercial Fertilizer Plant
34.2 for Livestock Solid Waste
34.3 Processing
34.4 $400,000 the first year is from the
34.5 future resources fund to the
34.6 agricultural utilization research
34.7 institute for an agreement with
34.8 AquaCare International, Inc. to
34.9 establish a commercial grade fertilizer
34.10 plant that will enhance and process
34.11 animal wastewater solids through
34.12 micronization technology. This
34.13 appropriation must be matched by at
34.14 least $425,000 of nonstate money. As a
34.15 condition of receiving this
34.16 appropriation, AquaCare International,
34.17 Inc. must agree to pay to the state a
34.18 royalty. Notwithstanding Minnesota
34.19 Statutes, section 116P.10, the royalty
34.20 must be two percent of gross revenues
34.21 accruing to AquaCare International,
34.22 Inc. from this application of
34.23 micronization technology. Receipts
34.24 from the royalty must be credited to
34.25 the fund.
34.26 (i) Preservation of Native
34.27 Wild Rice Resource
34.28 $200,000 the first year is from the
34.29 future resources fund to the
34.30 commissioner of natural resources for
34.31 an agreement with Leech Lake
34.32 Reservation to analyze critical factors
34.33 in different northern rice habitats and
34.34 determine methods to preserve the
34.35 natural diversity of wild rice. This
34.36 appropriation must be matched by at
34.37 least $45,000 of nonstate money.
34.38 (j) Wild Rice Management
34.39 Planning
34.40 $200,000 the first year is from the
34.41 future resources fund to the
34.42 commissioner of natural resources for
34.43 an agreement with the Boise Forte Band
34.44 of Chippewa to develop databases and
34.45 management plans for northern wild rice
34.46 lakes. This appropriation must be
34.47 matched by at least $20,000 of nonstate
34.48 money.
34.49 (k) Mesabi Iron Range,
34.50 Water and Mineral Resource
34.51 Planning
34.52 $200,000 the first year and $200,000
34.53 the second year are from the trust fund
34.54 to the commissioner of natural
34.55 resources. $125,000 the first year and
34.56 $125,000 the second year are from the
34.57 trust fund to the University of
34.58 Minnesota to develop and assemble
34.59 essential data on stockpile composition
34.60 and ownership, complete hydrogeologic
34.61 base maps, site and design an overflow
34.62 outlet, and distribute results to local
34.63 government and industry. This project
34.64 is to be coordinated by the Range
35.1 Association of Municipalities and
35.2 Schools. This appropriation is
35.3 available until June 30, 2002, at which
35.4 time the project must be completed and
35.5 final products delivered, unless an
35.6 earlier date is specified in the work
35.7 program.
35.8 (l) Sustainable Aquaculture
35.9 Development in Minnesota
35.10 $130,000 the first year is from the
35.11 future resources fund to the
35.12 commissioner of agriculture in
35.13 cooperation with the University of
35.14 Minnesota to develop, demonstrate, and
35.15 evaluate prototypes of aquaponic
35.16 systems that operate in an urban
35.17 environment and use a combination of
35.18 aquacultural and hydroponic techniques
35.19 to produce fish and plants for human
35.20 consumption. $55,000 the first year is
35.21 from the future resources fund to the
35.22 commissioner of agriculture in
35.23 cooperation with the MinAqua Fisheries
35.24 Cooperative, with assistance from the
35.25 University of Minnesota, for the
35.26 purchase, operation, and demonstration
35.27 of ozonation equipment for water
35.28 treatment and conditioning in large
35.29 recirculating aquaculture systems.
35.30 These appropriations are available
35.31 until June 30, 2002, at which time the
35.32 project must be completed and final
35.33 products delivered, unless an earlier
35.34 date is specified in the work program.
35.35 As a condition of receiving this
35.36 appropriation, MinAqua Fisheries
35.37 Cooperative must agree to pay to the
35.38 state a royalty. Notwithstanding
35.39 Minnesota Statutes, section 116P.10,
35.40 the royalty must be two percent of the
35.41 gross revenues accruing to MinAqua
35.42 Fisheries Cooperative from this
35.43 application of ozonation technology.
35.44 Receipts from the royalty must be
35.45 credited to the fund.
35.46 (m) Sustainable Farming
35.47 Systems - Continuation
35.48 $350,000 the first year is from the
35.49 future resources fund to the University
35.50 of Minnesota, Minnesota Institute for
35.51 Sustainable Agriculture, for on-farm
35.52 and experiment station research,
35.53 documentation and dissemination of
35.54 information on alternative farm
35.55 practices in order to integrate recent
35.56 scientific advances, improve farm
35.57 efficiencies, promote profitability,
35.58 and to enhance environmental quality.
35.59 (n) Economic Analysis of
35.60 Agriculture for Multiple
35.61 Benefits
35.62 $250,000 the first year is from the
35.63 future resources fund to the
35.64 commissioner of agriculture for an
35.65 agreement with the Land Stewardship
36.1 Project to evaluate economic and
36.2 environmental benefits from current and
36.3 future agricultural production.
36.4 (o) Nonwood Agricultural Fibers
36.5 and Industrial Hemp for Pulp
36.6 and Paper Manufacture
36.7 $200,000 the first year is from the
36.8 future resources fund to the University
36.9 of Minnesota to investigate the
36.10 feasibility of various agricultural
36.11 pulp markets in the development of
36.12 small scale pulp mills in the
36.13 agricultural regions of the state.
36.14 (p) Sustainable Livestock
36.15 Systems
36.16 $350,000 the first year is from the
36.17 future resources fund to the
36.18 commissioner of agriculture for an
36.19 agreement with the University of
36.20 Minnesota, West Central Experiment
36.21 Station, for on-farm research and
36.22 education programs to support small- to
36.23 moderate-scale farms through whole farm
36.24 planning and monitoring of forage-based
36.25 livestock systems.
36.26 (q) Forest Wildlife Biologist
36.27 for Ruffed Grouse
36.28 $1,000,000 the first year is from the
36.29 future resources fund to the
36.30 commissioner of natural resources for
36.31 an agreement with the Ruffed Grouse
36.32 Society, Inc. to fund a position and
36.33 related costs for a forest wildlife
36.34 biologist employed by the society that
36.35 will provide technical assistance to
36.36 public and private landowners for
36.37 improved ruffed grouse habitat and
36.38 related forest wildlife conservation.
36.39 The activity funded by this
36.40 appropriation must be done in
36.41 collaboration with institutes of higher
36.42 learning and state agencies. The
36.43 amounts of this appropriation made
36.44 available in each fiscal year must not
36.45 exceed those stated in the work
36.46 program. As a condition of receiving
36.47 this appropriation, the society must
36.48 demonstrate that it has created a
36.49 private endowment to fund this position
36.50 and related costs with nonstate money
36.51 after this appropriation has been
36.52 spent. The society must demonstrate
36.53 that it has a sound financial plan to
36.54 increase the principal of the endowment
36.55 to at least $1,000,000 of nonstate
36.56 money by January 1, 2000, and to
36.57 $2,000,000 of nonstate money by June
36.58 30, 2007. The work program must
36.59 provide that failure of the society to
36.60 meet the goals of the financial plan on
36.61 time will cause further payments from
36.62 this appropriation to be withheld until
36.63 the goals are met. This appropriation
36.64 is available until June 30, 2007, at
36.65 which time the project must be
37.1 completed and final products delivered,
37.2 unless an earlier date is specified in
37.3 the work program.
37.4 (r) Organic Farming
37.5 Training Project
37.6 $175,000 the first year and $175,000
37.7 the second year are from the trust fund
37.8 to the commissioner of agriculture for
37.9 an agreement with the Minnesota Food
37.10 Association in cooperation with the
37.11 Midwest Organic Alliance to recruit and
37.12 train new immigrant and conventional
37.13 farmers in sustainable and organic
37.14 methods utilizing a mentoring approach.
37.15 (s) Construction and Demolition
37.16 Waste Abatement
37.17 Demonstration Project
37.18 $250,000 the first year is from the
37.19 future resources fund to the director
37.20 of the office of environmental
37.21 assistance for an agreement with the
37.22 Green Institute to field test building
37.23 salvage strategies, expanding markets
37.24 for salvaged materials, and creating a
37.25 community-based enterprise model.
37.26 (t) Minnesota River Valley
37.27 Scenic Byway Interpretive
37.28 Signage
37.29 $100,000 the first year is from the
37.30 future resources fund to the
37.31 commissioner of transportation for an
37.32 agreement with the Upper Minnesota
37.33 Valley Regional Development Commission
37.34 to design and construct interpretive
37.35 kiosks and entrance signs along the
37.36 Minnesota River Valley scenic byway.
37.37 Construction and installation are
37.38 contingent on receiving 80 percent
37.39 TEA-21 or other nonstate match money.
37.40 Subd. 8. Urbanization Impacts
37.41 1,998,000 400,000
37.42 Summary by Fund
37.43 Minnesota Future
37.44 Resources Fund 1,598,000 - 0 -
37.45 Environment and
37.46 Natural Resources
37.47 Trust Fund 400,000 400,000
37.48 (a) Resources for Redevelopment:
37.49 A Community Property
37.50 Investigation Program
37.51 $100,000 the first year is from the
37.52 future resources fund to the pollution
37.53 control agency for an agreement with
37.54 the Minnesota Environmental Initiative
37.55 to assess environmental contamination
37.56 in up to sixteen brownfield sites
37.57 statewide on a cost-share basis for
37.58 each site in order to promote property
38.1 redevelopment by community nonprofit
38.2 organizations.
38.3 (b) Tools and Training for
38.4 Community-Based Planning
38.5 $225,000 the first year and $225,000
38.6 the second year are from the trust fund
38.7 to the office of strategic and
38.8 long-range planning to develop
38.9 software, data, and training for local
38.10 government planning for delivery of
38.11 state geographic information systems
38.12 data and models for social and
38.13 environmental decision making.
38.14 (c) Protecting Dakota County
38.15 Farmland and Natural Areas
38.16 $100,000 the first year and $100,000
38.17 the second year are from the trust fund
38.18 to the commissioner of natural
38.19 resources for an agreement with Dakota
38.20 county to inventory and identify unique
38.21 farmland and natural areas and to
38.22 protect land through conservation
38.23 easements.
38.24 (d) Urban Corridor Design
38.25 $600,000 the first year is from the
38.26 future resources fund to the University
38.27 of Minnesota to develop sustainability
38.28 designs for selected urban corridors.
38.29 (e) Conservation-Based Development
38.30 Program
38.31 $75,000 the first year and $75,000 the
38.32 second year are from the trust fund to
38.33 the commissioner of natural resources
38.34 for an agreement with the Minnesota
38.35 Land Trust to design four model
38.36 developments and acquire conservation
38.37 easements within new developments that
38.38 enhance the natural, rural landscape.
38.39 This appropriation must be matched by
38.40 at least $65,000 of nonstate money.
38.41 (f) Sustainable Stormwater Management
38.42 and Erosion Control for Athletic
38.43 Fields and Parking Lot Retrofit
38.44 $200,000 the first year is from the
38.45 future resources fund to the
38.46 metropolitan council for an agreement
38.47 with the Minneapolis Park and
38.48 Recreation Board to design and
38.49 construct bioretention areas at
38.50 athletic fields and existing parking
38.51 lots in order to manage erosion, soil
38.52 compaction, and stormwater runoff.
38.53 Design results must be made available
38.54 in readily useable formats. This
38.55 appropriation must be matched by at
38.56 least $200,000 of nonstate money.
38.57 (g) Community-Based Initiatives:
38.58 Land Use for Sustainable
38.59 Agriculture - Continuation
39.1 $400,000 the first year is from the
39.2 future resources fund to the
39.3 commissioner of natural resources for
39.4 an agreement with the Sustainable
39.5 Resources Center to develop and
39.6 preserve urban and suburban agriculture
39.7 sites through sustainable landscaping,
39.8 to promote producer and consumer
39.9 participation in sustainable
39.10 agriculture, and to train urban
39.11 gardening experts.
39.12 (h) Chisago Lakes Outlet
39.13 Channel Project
39.14 $40,000 the first year is from the
39.15 future resources fund to the
39.16 commissioner of natural resources for
39.17 an agreement with Chisago county to
39.18 complete the final construction phase
39.19 of the outlet channel at Chisago
39.20 Lakes. This appropriation must be
39.21 matched by at least $50,000 of nonstate
39.22 money.
39.23 (i) Virginia Storm Sewer Project
39.24 $225,000 the first year is from the
39.25 future resources fund to the department
39.26 of trade and economic development for
39.27 an agreement with the city of Virginia
39.28 for relocation of the Silver Lake storm
39.29 sewer outlet, construction of
39.30 sedimentation ponds, and renovation of
39.31 the Sauntry Creek diversion structure.
39.32 Native plantings must be used in buffer
39.33 strips. This appropriation must be
39.34 matched by at least $225,000 of
39.35 nonstate money.
39.36 (j) Blufflands Implementation
39.37 $33,000 the first year is from the
39.38 future resources fund to the
39.39 commissioner of natural resources for
39.40 an agreement with Winona county to
39.41 implement land protection
39.42 recommendations in the blufflands
39.43 design manual.
39.44 Subd. 9. Innovations in Energy
39.45 and Transportation
39.46 513,000 62,000
39.47 Summary by Fund
39.48 Minnesota Future
39.49 Resources Fund 450,000 - 0 -
39.50 Environment and
39.51 Natural Resources
39.52 Trust Fund 63,000 62,000
39.53 (a) Ice Arena Design for Efficiency
39.54 and Air Quality - Continuation
39.55 $100,000 the first year is from the
39.56 future resources fund to the amateur
39.57 sports commission for an agreement with
39.58 the Center for Energy and Environment
40.1 in cooperation with the department of
40.2 health to enhance energy efficiency and
40.3 assure indoor air quality in new and
40.4 existing ice arenas in Minnesota
40.5 technical assistance and energy audits.
40.6 (b) Promoting High Efficiency
40.7 Cogeneration
40.8 $100,000 the first year is from the
40.9 future resources fund to the office of
40.10 strategic and long-range planning and
40.11 the Minnesota environmental quality
40.12 board to develop a statewide inventory
40.13 of potential cogeneration sites and a
40.14 regulatory guidance manual.
40.15 (c) Evaluate Biodiesel Made From
40.16 Waste Fats and Oils
40.17 $63,000 the first year and $62,000 the
40.18 second year are from the trust fund to
40.19 the commissioner of agriculture in
40.20 cooperation with the Minnesota Soybean
40.21 Growers Association to produce a diesel
40.22 fuel from soybeans and waste cooking
40.23 oils and greases, for laboratory
40.24 evaluation of the fuel for particulates
40.25 and engine power, and for trial in
40.26 light-duty vehicles. The appropriation
40.27 must be matched by at least $50,000 of
40.28 nonstate money.
40.29 (d) Wind Power for Rural
40.30 Development - Continuation
40.31 $250,000 the first year is from the
40.32 future resources fund to the
40.33 commissioner of natural resources for
40.34 an agreement with the Sustainable
40.35 Resources Center to provide an outreach
40.36 program including technical assistance,
40.37 site-specific resource analysis,
40.38 training for local officials on wind
40.39 energy rights and economics, and the
40.40 design and construction of a wind
40.41 energy traveling exhibit.
40.42 Subd. 10. Decision-Making Tools
40.43 1,000,000 705,000
40.44 Summary by Fund
40.45 Minnesota Future
40.46 Resources Fund 295,000 - 0 -
40.47 Environment and
40.48 Natural Resources
40.49 Trust Fund 705,000 705,000
40.50 (a) Goodhue County Natural Resources
40.51 Inventory and Management Plan
40.52 $75,000 the first year is from the
40.53 future resources fund to the board of
40.54 water and soil resources for an
40.55 agreement with Goodhue county to
40.56 inventory, evaluate, and describe
40.57 natural resources and create a
40.58 geographic information system-based map
41.1 and database. The appropriation must
41.2 be matched by at least $50,000 of
41.3 nonstate money.
41.4 (b) Public Access to Mineral
41.5 Knowledge
41.6 $100,000 the first year is from the
41.7 future resources fund to the department
41.8 of natural resources to accelerate the
41.9 automation of historic mineral
41.10 exploration information and to make the
41.11 database accessible and searchable.
41.12 (c) Updating Outmoded Soil
41.13 Surveys - Continuation
41.14 $250,000 the first year and $250,000
41.15 the second year are from the trust fund
41.16 to the board of water and soil
41.17 resources for the first biennium of a
41.18 four biennia project to accelerate a
41.19 statewide program to begin to update
41.20 and digitize soil surveys in up to 25
41.21 counties, including Fillmore county.
41.22 Participating counties must provide a
41.23 cost share.
41.24 (d) Climate Variability and Change
41.25 Impacts on Minnesota Resources
41.26 $175,000 the first year and $175,000
41.27 the second year are from the trust fund
41.28 to the University of Minnesota to
41.29 develop a database of climate measures
41.30 relevant to recreation, tourism,
41.31 agriculture, and forestry, and to
41.32 construct climate scenarios for
41.33 Minnesota over the next 50 years.
41.34 (e) Minnesota Environmentally
41.35 Preferable Chemicals Project
41.36 $75,000 the first year and $75,000 the
41.37 second year are from the trust fund to
41.38 the office of environmental assistance
41.39 for an agreement with the Institute for
41.40 Local Self-Reliance to build an
41.41 industry network of users and producers
41.42 of petrochemicals and biochemicals, and
41.43 to promote a shift to environmentally
41.44 preferable chemicals. This
41.45 appropriation must be matched by at
41.46 least $40,000 of nonstate money.
41.47 (f) GIS Utilization of Historic
41.48 Timberland Survey Records
41.49 $120,000 the first year is from the
41.50 future resources fund to the Minnesota
41.51 Historical Society to digitize and
41.52 distribute historic timberland survey
41.53 records in a geographic information
41.54 system format.
41.55 (g) By-Products Application
41.56 to Agricultural, Mineland, and
41.57 Forest Soils
41.58 $175,000 the first year and $175,000
41.59 the second year are from the trust fund
42.1 to the pollution control agency for an
42.2 agreement with Western Lake Superior
42.3 Sanitary District to create a northeast
42.4 Minnesota consortium of public
42.5 utilities, wood-products, and mining
42.6 industries to research environmentally
42.7 sound coapplications of industrial and
42.8 municipal by-products for agriculture,
42.9 forestry, and mineland reclamation.
42.10 This appropriation must be matched by
42.11 at least $21,000 of nonstate money.
42.12 (h) Winter Severity Index
42.13 for Deer
42.14 $30,000 the first year and $30,000 the
42.15 second year are from the trust fund to
42.16 the commissioner of natural resources
42.17 for an agreement with the Minnesota
42.18 Deer Hunters Association to determine
42.19 the relationship between the winter
42.20 severity index, deer condition, and
42.21 deer mortality. This appropriation
42.22 must be matched by at least $5,000 in
42.23 nonstate money and at least $30,000 in-
42.24 kind match. This appropriation is
42.25 available until June 30, 2002, at which
42.26 time the project must be completed and
42.27 final products delivered, unless an
42.28 earlier date is specified in the work
42.29 program.
42.30 Subd. 11. Environmental Education
42.31 2,525,000 980,000
42.32 Summary by Fund
42.33 Minnesota Future
42.34 Resources Fund 1,545,000 - 0 -
42.35 Environment and
42.36 Natural Resources
42.37 Trust Fund 980,000 980,000
42.38 (a) Uncommon Ground: An Educational
42.39 Television Series
42.40 $200,000 the first year and $200,000
42.41 the second year are from the trust fund
42.42 to the University of Minnesota for
42.43 matching funding to produce a televised
42.44 series of natural landscapes
42.45 chronicling two centuries of change in
42.46 Minnesota.
42.47 (b) Ecology Bus Environmental
42.48 Education
42.49 $200,000 the first year is from the
42.50 future resources fund to the
42.51 commissioner of natural resources for
42.52 an agreement with the Prairie Ecology
42.53 Bus Center to expand programs conducted
42.54 with the ecology bus. This
42.55 appropriation may not be used for
42.56 depreciation costs on equipment.
42.57 (c) Renovation of Open Spaces:
42.58 Twin Cities Neighborhoods
43.1 $200,000 the first year is from the
43.2 future resources fund to the
43.3 commissioner of natural resources for
43.4 an agreement with the Crown Jewel
43.5 Foundation to coordinate and implement
43.6 neighborhood planting activities
43.7 through youth and citizen training, and
43.8 education. This appropriation must be
43.9 matched by at least $170,000 of
43.10 nonstate money.
43.11 (d) Karst Education for
43.12 Southeastern Minnesota
43.13 $60,000 the first year and $60,000 the
43.14 second year are from the trust fund to
43.15 the board of water and soil resources
43.16 for an agreement with the Southeast
43.17 Minnesota Water Resources Board to
43.18 develop teacher training workshops,
43.19 educational materials, and exhibits
43.20 demonstrating the connections between
43.21 land use and ground water contamination
43.22 in southeastern Minnesota.
43.23 (e) Minnesota Wolf Public
43.24 Education
43.25 $60,000 the first year and $60,000 the
43.26 second year are from the trust fund to
43.27 the commissioner of natural resources
43.28 for an agreement with the International
43.29 Wolf Center to develop educational
43.30 curriculum, conduct teacher training
43.31 workshops, and develop a traveling
43.32 exhibit on wolves to address the
43.33 current Minnesota wolf management
43.34 debate. This appropriation must be
43.35 matched by at least $15,000 of nonstate
43.36 money.
43.37 (f) North American Bear Center,
43.38 Ely, Minnesota
43.39 $80,000 the first year is from the
43.40 future resources fund to the
43.41 commissioner of natural resources for
43.42 an agreement with the North American
43.43 Bear Center to develop a business plan,
43.44 marketing study, facility predesign,
43.45 and exhibit design for a North American
43.46 Bear Center. This appropriation must
43.47 be matched by at least $21,000 of
43.48 nonstate money.
43.49 (g) Accessible Outdoor
43.50 Recreation
43.51 $200,000 the first year and $200,000
43.52 the second year are from the trust fund
43.53 to the commissioner of natural
43.54 resources for an agreement with
43.55 wilderness inquiry to survey facilities
43.56 in at least 50 state recreation units
43.57 for the Minnesota guide to universal
43.58 access, develop assessments of
43.59 inclusion in recreation and
43.60 environmental education activities, and
43.61 provide opportunities for
43.62 participation. This appropriation is
43.63 available until June 30, 2002, at which
44.1 time the project must be completed and
44.2 final products delivered, unless an
44.3 earlier date is specified in the work
44.4 program.
44.5 (h) Science Outreach and
44.6 Integrated Learning on Soil
44.7 $125,000 the first year and $125,000
44.8 the second year are from the trust fund
44.9 to the Science Museum of Minnesota to
44.10 develop a soils experiment center and
44.11 demonstration plots to increase the
44.12 awareness of soil science and soil
44.13 health. This appropriation must be
44.14 matched by at least $100,000 of
44.15 nonstate money. This appropriation is
44.16 available until June 30, 2002, at which
44.17 time the project must be completed and
44.18 final products delivered, unless an
44.19 earlier date is specified in the work
44.20 program.
44.21 (i) Southeast Minnesota Streams
44.22 and Watershed Signage
44.23 $75,000 the first year and $75,000 the
44.24 second year are from the trust fund to
44.25 the commissioner of natural resources
44.26 for an agreement with the Minnesota
44.27 Trout Association to design,
44.28 manufacture, and install road signs to
44.29 identify southeast Minnesota streams
44.30 and watersheds.
44.31 (j) Teacher Training in
44.32 Interdisciplinary Environmental
44.33 Education
44.34 $30,000 the first year and $30,000 the
44.35 second year are from the trust fund to
44.36 the commissioner of natural resources
44.37 for an agreement with the Audubon
44.38 Center of the North Woods to train K-12
44.39 teachers in environmental education
44.40 techniques.
44.41 (k) Development and Rehabilitation
44.42 of Recreational Shooting Ranges
44.43 $350,000 the first year is from the
44.44 future resources fund to the
44.45 commissioner of natural resources to
44.46 provide cost-share grants to local
44.47 recreational shooting clubs for the
44.48 purpose of developing or rehabilitating
44.49 shooting sports facilities for public
44.50 use. In addition to the required work
44.51 program, grants may not be approved
44.52 until grant proposals to be funded have
44.53 been submitted to the legislative
44.54 commission on Minnesota resources and
44.55 the commission has approved the grants
44.56 or allowed 60 days to pass.
44.57 (l) Youth Outdoor Environmental
44.58 Education Program
44.59 $125,000 the first year is from the
44.60 future resources fund to the
44.61 commissioner of natural resources for
45.1 an agreement with Dakota county to
45.2 develop a youth naturalist program and
45.3 youth-at-risk environmental education
45.4 programs.
45.5 (m) Twin Cities Environmental
45.6 Service Learning - Continuation
45.7 $20,000 the first year and $20,000 the
45.8 second year are from the trust fund to
45.9 the commissioner of natural resources
45.10 for an agreement with Eco Education to
45.11 provide training and matching grants
45.12 for student service environmental
45.13 learning projects. This appropriation
45.14 must be matched by at least $40,000 of
45.15 nonstate money.
45.16 (n) Minnesota Whitetail Deer
45.17 Resource Center Exhibits
45.18 $400,000 the first year is from the
45.19 future resources fund to the
45.20 commissioner of natural resources for
45.21 an agreement with the Minnesota Deer
45.22 Hunters Association to construct
45.23 exhibits on whitetail deer in
45.24 Minnesota. This appropriation is
45.25 available to the extent matched by
45.26 expenditure of nonstate money on
45.27 exhibits.
45.28 (o) Sustainability Forums
45.29 $100,000 the first year and $100,000
45.30 the second year are from the trust fund
45.31 to the office of environmental
45.32 assistance for an agreement with the
45.33 Minnesota Division of the Izaak Walton
45.34 League of America to conduct forums for
45.35 the public and local units of
45.36 government on sustainability and
45.37 community-based planning objectives.
45.38 (p) Minnesota River Watershed
45.39 Ecology and History Exhibit
45.40 $90,000 the first year is from the
45.41 future resources fund to the Minnesota
45.42 Historical Society for an agreement
45.43 with Joseph R. Brown Heritage Society
45.44 to design and construct exhibits at the
45.45 Joseph R. Brown Minnesota River Center.
45.46 (q) Hyland Lake Environmental
45.47 Center
45.48 $110,000 the first year and $110,000
45.49 the second year are from the trust fund
45.50 to the metropolitan council for an
45.51 agreement with Suburban Hennepin
45.52 Regional Park District for predesign
45.53 and design of an environmental
45.54 education center in
45.55 Hyland-Bush-Anderson Lakes Regional
45.56 Park Reserve.
45.57 (r) Aquaculture, Hydroponics, and
45.58 Greenhouse Research Lab
45.59 $100,000 the first year is from the
46.1 future resources fund to the
46.2 commissioner of agriculture for an
46.3 agreement with Chisago Lakes High
46.4 School to design and construct a
46.5 greenhouse, hydroponics, and
46.6 aquaculture facility to support an
46.7 outdoor living classroom.
46.8 Subd. 12. Benchmarks and Indicators
46.9 2,365,000 1,965,000
46.10 Summary by Fund
46.11 Minnesota Future
46.12 Resources Fund 200,000 - 0 -
46.13 Environment and
46.14 Natural Resources
46.15 Trust Fund 1,965,000 1,965,000
46.16 Great Lakes
46.17 Protection Account 200,000 - 0 -
46.18 (a) Measuring Children's Exposures
46.19 to Environmental Health Hazards
46.20 $250,000 the first year and $250,000
46.21 the second year are from the trust fund
46.22 to the University of Minnesota in
46.23 cooperation with the department of
46.24 health to augment a federal study of
46.25 exposure of children to multiple
46.26 environmental hazards, to evaluate
46.27 comparative health risks, and to design
46.28 intervention strategies.
46.29 (b) Minnesota County Biological
46.30 Survey - Continuation
46.31 $800,000 the first year and $800,000
46.32 the second year are from the trust fund
46.33 to the commissioner of natural
46.34 resources for the seventh biennium of a
46.35 12-biennia project to accelerate the
46.36 survey that identifies significant
46.37 natural areas and systematically
46.38 collects and interprets data on the
46.39 distribution and ecology of natural
46.40 communities, rare plants, and animals.
46.41 (c) Environmental Indicators
46.42 Initiative - Continuation
46.43 $200,000 the first year and $200,000
46.44 the second year are from the trust fund
46.45 to the commissioner of natural
46.46 resources for the third and final
46.47 biennium to complete a set of statewide
46.48 environmental indicators that will
46.49 assist public understanding of
46.50 Minnesota environmental health and the
46.51 effectiveness of sustainable
46.52 development efforts.
46.53 (d) Dakota County Wetland Health
46.54 Monitoring Program
46.55 $80,000 the first year and $80,000 the
46.56 second year are from the trust fund to
46.57 the commissioner of the pollution
47.1 control agency for an agreement with
47.2 Dakota county to evaluate wetland
47.3 health through citizen volunteers,
47.4 develop wetland biodiversity projects
47.5 in urban areas, and conduct public
47.6 education.
47.7 (e) Predicting Water and Forest
47.8 Resources Health and Sustainability
47.9 $150,000 the first year and $150,000
47.10 the second year are from the trust fund
47.11 to the University of Minnesota, Natural
47.12 Resources Research Institute, to assess
47.13 ecosystem health using indicators and
47.14 to develop models that incorporate
47.15 landscape composition change.
47.16 (f) Potential for Infant Risk
47.17 from Nitrate Contamination
47.18 $200,000 the first year is from the
47.19 future resources fund to the
47.20 commissioner of health to study nitrate
47.21 and bacteria-contaminated drinking
47.22 water of infants and families at risk.
47.23 (g) Assessing Lake Superior Waters
47.24 Off the North Shore
47.25 $100,000 the first year and $100,000
47.26 the second year of this appropriation
47.27 are from the trust fund, and $200,000
47.28 is from the Great Lakes protection
47.29 account to the University of Minnesota
47.30 Duluth for a pilot program to establish
47.31 benchmark data for Lake Superior.
47.32 Expenses may not include capital cost
47.33 for a research vessel. This
47.34 appropriation is available until June
47.35 30, 2002, at which time the project
47.36 must be completed and final products
47.37 delivered, unless an earlier date is
47.38 specified in the work program.
47.39 (h) Minnesota's Forest Bird
47.40 Diversity Initiative - Continuation
47.41 $225,000 the first year and $225,000
47.42 the second year are from the trust fund
47.43 to the commissioner of natural
47.44 resources for the fifth biennium of a
47.45 six-biennium project to establish
47.46 benchmarks for using birds as
47.47 ecological indicators of forest
47.48 health. This appropriation must be
47.49 matched by at least $80,000 of nonstate
47.50 contributions. This appropriation is
47.51 available until June 30, 2002, at which
47.52 time the project must be completed and
47.53 final products delivered, unless an
47.54 earlier date is specified in the work
47.55 program.
47.56 (i) Farm Ponds as Critical
47.57 Habitats for Native Amphibians
47.58 $125,000 the first year and $125,000
47.59 the second year are from the trust fund
47.60 to the commissioner of natural
47.61 resources for an agreement with the
48.1 Upper Mississippi Science Center to
48.2 study management practices that sustain
48.3 healthy populations of amphibians in
48.4 southeastern Minnesota farm ponds and
48.5 to recommend monitoring methods
48.6 suitable for testing amphibian habitat
48.7 quality. This appropriation must be
48.8 matched by at least $200,000 of
48.9 nonstate contributions. This
48.10 appropriation is available until June
48.11 30, 2002, at which time the project
48.12 must be completed and final products
48.13 delivered, unless an earlier date is
48.14 specified in the work program.
48.15 (j) Improved Minnesota Fungus
48.16 Collection and Database
48.17 $35,000 the first year and $35,000 the
48.18 second year are from the trust fund to
48.19 the University of Minnesota to
48.20 consolidate and preserve fungus
48.21 specimen collections and computerize
48.22 the data for use in agriculture,
48.23 forestry, and recreation management.
48.24 Subd. 13. Critical Lands or Habitats
48.25 2,869,000 2,230,000
48.26 Summary by Fund
48.27 Minnesota Future
48.28 Resources Fund 639,000 - 0 -
48.29 Environment and
48.30 Natural Resources
48.31 Trust Fund 2,230,000 2,230,000
48.32 (a) Sustainable Woodlands and
48.33 Prairies on Private Lands -
48.34 Continuation
48.35 $225,000 the first year and $225,000
48.36 the second year are from the trust fund
48.37 to the commissioner of natural
48.38 resources, in cooperation with the
48.39 Minnesota Forestry Association and the
48.40 Nature Conservancy, to develop
48.41 stewardship plans for private
48.42 landowners and to implement natural
48.43 resource projects by providing matching
48.44 money to private landowners. This
48.45 appropriation is available until June
48.46 30, 2002, at which time the project
48.47 must be completed and final products
48.48 delivered, unless an earlier date is
48.49 specified in the work program.
48.50 (b) National Prairie Passage; Linking
48.51 Isolated Prairie Preserves
48.52 $75,000 the first year and $75,000 the
48.53 second year are from the trust fund to
48.54 the commissioner of transportation to
48.55 link isolated tallgrass prairie
48.56 preserves with corridors of prairie.
48.57 This appropriation must be matched by
48.58 at least $600,000 of nonstate money.
48.59 (c) Greening the Metro
49.1 Mississippi-Minnesota River
49.2 Valleys
49.3 $400,000 the first year and $400,000
49.4 the second year are from the trust fund
49.5 to the commissioner of natural
49.6 resources for an agreement with
49.7 Greening the Great River Park to
49.8 implement private and public habitat
49.9 projects in the Mississippi and
49.10 Minnesota River Valleys. This
49.11 appropriation must be matched by at
49.12 least $374,000 of nonstate money and
49.13 cost sharing is required for projects
49.14 on private lands. This appropriation is
49.15 available until June 30, 2002, at which
49.16 time the project must be completed and
49.17 final products delivered, unless an
49.18 earlier date is specified in the work
49.19 program.
49.20 (d) Restoring the Greater Prairie
49.21 Chicken to Southwestern Minnesota
49.22 $30,000 the first year and $30,000 the
49.23 second year are from the trust fund to
49.24 the commissioner of natural resources
49.25 for an agreement with the Minnesota
49.26 Prairie Chicken Society to restore the
49.27 greater prairie chicken to appropriate
49.28 habitat.
49.29 (e) Prairie Heritage Fund -
49.30 Continuation
49.31 $250,000 the first year and $250,000
49.32 the second year are from the trust fund
49.33 to the commissioner of natural
49.34 resources for an agreement with
49.35 Pheasants Forever, Inc. to acquire and
49.36 develop land for prairie grasslands and
49.37 wetlands to be donated to the public.
49.38 The land must be open and accessible to
49.39 the public. This appropriation must be
49.40 matched by at least $500,000 of money.
49.41 In addition to the required work
49.42 program, parcels may not be acquired
49.43 until parcel lists have been submitted
49.44 to the legislative commission on
49.45 Minnesota resources and the commission
49.46 has approved the parcel list or allowed
49.47 60 days to pass.
49.48 (f) Public Boat Access and
49.49 Fishing Piers
49.50 $500,000 the first year and $500,000
49.51 the second year are from the trust
49.52 fund, and $299,000 the first year is
49.53 from the future resources fund to the
49.54 commissioner of natural resources for
49.55 increased access to lakes and rivers
49.56 statewide through the provision of
49.57 public boat access, fishing piers, and
49.58 shoreline access, with approximately
49.59 equal allocations for the Twin Cities
49.60 metropolitan area and the remainder of
49.61 the state. These appropriations are
49.62 available until June 30, 2002, at which
49.63 time the project must be completed and
49.64 final products delivered, unless an
50.1 earlier date is specified in the work
50.2 program. $212,000 of the appropriation
50.3 from the future resources fund is
50.4 available immediately upon enactment.
50.5 (g) Arboretum Land Acquisition and
50.6 Wetlands Restoration - Continuation
50.7 $350,000 the first year and $350,000
50.8 the second year are from the trust fund
50.9 to the University of Minnesota for an
50.10 agreement with the University of
50.11 Minnesota Landscape Arboretum
50.12 Foundation for the third biennium for
50.13 land acquisition. The priority is to
50.14 acquire approximately 40 acres of land
50.15 within the Arboretum boundary before
50.16 completing the Spring Peeper Meadow
50.17 wetland restoration. This
50.18 appropriation must be matched by at
50.19 least $700,000 of nonstate money.
50.20 (h) Implement the Chisago and
50.21 Washington Counties Green
50.22 Corridor Project - Continuation
50.23 $225,000 the first year and $225,000
50.24 the second year are from the trust fund
50.25 to the commissioner of natural
50.26 resources for an agreement with 1000
50.27 Friends of Minnesota for land
50.28 protection activities, including at
50.29 least $300,000 for cost-share grants to
50.30 local governments for fee or less than
50.31 fee acquisition.
50.32 (i) RIM Shoreland Stabilization
50.33 $175,000 the first year and $175,000
50.34 the second year are from the trust fund
50.35 to the commissioner of natural
50.36 resources to complete the high priority
50.37 bank stabilization on Lake
50.38 Winnibigoshish and, if additional match
50.39 money becomes available, to begin
50.40 similar work on Lac Qui Parle Lake.
50.41 This appropriation must be matched by
50.42 at least $56,000 of nonstate money.
50.43 This appropriation is available until
50.44 June 30, 2002, at which time the
50.45 project must be completed and final
50.46 products delivered, unless an earlier
50.47 date is specified in the work program.
50.48 (j) Enhancing Canada Goose
50.49 Hunting Opportunities for
50.50 Recreation and Management Purposes
50.51 $340,000 the first year is from the
50.52 future resources fund to the
50.53 commissioner of natural resources for
50.54 an agreement with Geese Unlimited to
50.55 purchase leases and provide
50.56 observational and hunting blinds for
50.57 the public using volunteer labor.
50.58 Subd. 14. Native Species Planting
50.59 1,035,000 635,000
50.60 Minnesota Future
51.1 Resources Fund 400,000 - 0 -
51.2 Environment and
51.3 Natural Resources
51.4 Trust Fund 635,000 635,000
51.5 (a) Minnesota Releaf Matching
51.6 Grant Program - Continuation
51.7 $290,000 the first year and $290,000
51.8 the second year of this appropriation
51.9 are from the trust fund, and $270,000
51.10 the first year is from the future
51.11 resources fund to the commissioner of
51.12 natural resources for the fourth
51.13 biennium, with at least $210,000 for
51.14 matching grants to local communities to
51.15 protect native oak forests from oak
51.16 wilt and to provide technical
51.17 assistance and cost sharing with
51.18 communities for tree planting and
51.19 community forestry assessments. The
51.20 appropriation from the future resources
51.21 fund is available immediately upon
51.22 enactment.
51.23 (b) Landscaping for Wildlife and
51.24 Nonpoint Source Pollution Prevention
51.25 $75,000 the first year and $75,000 the
51.26 second year are from the trust fund to
51.27 the commissioner of natural resources
51.28 for an agreement with St. Paul
51.29 Neighborhood Energy Consortium to work
51.30 with urban and suburban communities to
51.31 expand native species planting through
51.32 residential landscaping and cooperative
51.33 neighborhood projects. The activities
51.34 must include participant cost sharing.
51.35 This appropriation must be matched by
51.36 at least $24,000 of nonstate money.
51.37 (c) Lakescaping for Wildlife and
51.38 Water Quality Initiative
51.39 $70,000 the first year and $70,000 the
51.40 second year are from the trust fund to
51.41 the commissioner of natural resources
51.42 in cooperation with the Minnesota Lakes
51.43 Association to promote lakescaping for
51.44 wildlife and water quality through
51.45 workshops, demonstration sites, and a
51.46 registry program for lakeshore owners.
51.47 The activities must include participant
51.48 cost sharing.
51.49 (d) Development and Assessment of
51.50 Oak Wilt Biological Control
51.51 Technologies - Continuation
51.52 $100,000 the first year and $100,000
51.53 the second year are from the trust fund
51.54 to the University of Minnesota to
51.55 evaluate biocontrol efficacy, spore mat
51.56 production, and root graft barrier
51.57 guidelines for oak wilt, in cooperation
51.58 with the department of agriculture.
51.59 (e) Saint Paul-Minneapolis Native
51.60 Plant Habitat Interpretive Program
52.1 $130,000 the first year is from the
52.2 future resources fund to the
52.3 commissioner of natural resources for
52.4 an agreement with the city of St. Paul
52.5 to restore native plants to selected
52.6 St. Paul parks and to develop native
52.7 plant interpretive sites in Minneapolis
52.8 and St. Paul and related educational
52.9 material. This appropriation must be
52.10 matched by at least $86,000 of nonstate
52.11 money.
52.12 (f) Restoring Ecological Health to
52.13 St. Paul's Mississippi River Bluffs
52.14 $100,000 the first year and $100,000
52.15 the second year are from the trust fund
52.16 to the commissioner of natural
52.17 resources for an agreement with Friends
52.18 of the Parks and Trails of St. Paul and
52.19 Ramsey County to inventory and restore
52.20 native species, and to plan for
52.21 critical greenways and natural area
52.22 habitat. This appropriation is
52.23 available until June 30, 2002, at which
52.24 time the project must be completed and
52.25 final products delivered, unless an
52.26 earlier date is specified in the work
52.27 program.
52.28 Subd. 15. Native Fish
52.29 229,000 229,000
52.30 Summary by Fund
52.31 Environment and
52.32 Natural Resources
52.33 Trust Fund 229,000 229,000
52.34 (a) Mussel Resource Survey
52.35 $200,000 the first year and $200,000
52.36 the second year are from the trust fund
52.37 to the commissioner of natural
52.38 resources for the first biennium of a
52.39 three-biennium project to survey
52.40 mussels statewide for resource
52.41 management.
52.42 (b) Freshwater Mussel Resources in
52.43 the St. Croix River
52.44 $29,000 the first year and $29,000 the
52.45 second year are from the trust fund to
52.46 the commissioner of natural resources
52.47 for an agreement with Macalester
52.48 College to continue refugia studies and
52.49 assess populations for freshwater
52.50 mussels.
52.51 Subd. 16. Exotic Species
52.52 405,000 145,000
52.53 Summary by Fund
52.54 Minnesota Future
52.55 Resources Fund 260,000 - 0 -
52.56 Environment and
53.1 Natural Resources
53.2 Trust Fund 145,000 145,000
53.3 (a) Biological Control of Eurasian
53.4 Water Milfoil and Purple
53.5 Loosestrife - Continuation
53.6 $75,000 the first year and $75,000 the
53.7 second year are from the trust fund to
53.8 the commissioner of natural resources
53.9 for the fourth biennium of a
53.10 five-biennium project to develop and
53.11 implement biological controls for
53.12 Eurasian water milfoil and purple
53.13 loosestrife. This appropriation is
53.14 available until June 30, 2002, at which
53.15 time the project must be completed and
53.16 final products delivered, unless an
53.17 earlier date is specified in the work
53.18 program.
53.19 (b) Evaluate Establishment, Impact of
53.20 Leafy Spurge Biocontrol Agents
53.21 $70,000 the first year and $70,000 the
53.22 second year are from the trust fund to
53.23 the commissioner of agriculture to
53.24 study flea beetles introduced to
53.25 control leafy spurge by site
53.26 characterization and assessment for
53.27 biological control. This appropriation
53.28 is available until June 30, 2002, at
53.29 which time the project must be
53.30 completed and final products delivered,
53.31 unless an earlier date is specified in
53.32 the work program.
53.33 (c) Restoring Native Vegetation in
53.34 Parks and Nature Centers
53.35 $260,000 the first year is from the
53.36 future resources fund to the
53.37 commissioner of natural resources for
53.38 an agreement with the St. Paul Audubon
53.39 Society to restore native vegetation at
53.40 community nature centers and parks.
53.41 Subd. 17. Data Availability Requirements
53.42 (a) During the biennium ending June 30,
53.43 2001, the data collected by the
53.44 projects funded under this section that
53.45 have common value for natural resource
53.46 planning and management must conform to
53.47 information architecture as defined in
53.48 guidelines and standards adopted by the
53.49 office of technology. Spatial data
53.50 must conform with guidelines and
53.51 standards described in the geographic
53.52 data compatibility guidelines available
53.53 from the land management information
53.54 center. These data must be made
53.55 available under the provisions of the
53.56 Data Practices Act in chapter 13.
53.57 (b) For the purposes of information
53.58 dissemination to the extent
53.59 practicable, summary data and results
53.60 of projects funded under this section
53.61 should be readily accessible on the
53.62 Internet. To the extent practicable,
54.1 spatial data and their documentation
54.2 must be made available through the
54.3 Minnesota Geographic Data Clearinghouse.
54.4 (c) As part of project expenditures,
54.5 recipients of land acquisition
54.6 appropriations must provide the
54.7 information necessary to update public
54.8 recreation information maps to the
54.9 department of natural resources in the
54.10 specified form.
54.11 Subd. 18. Project Requirements
54.12 It is a condition of acceptance of the
54.13 appropriations in this section that any
54.14 agency or entity receiving the
54.15 appropriation must comply with
54.16 Minnesota Statutes, chapter 116P.
54.17 Subd. 19. Match Requirements
54.18 Unless specifically authorized,
54.19 appropriations in this section that
54.20 must be matched and for which the match
54.21 has not been committed by December 31,
54.22 1999, are canceled, and in-kind
54.23 contributions may not be counted as
54.24 match.
54.25 Subd. 20. Payment Conditions and
54.26 Capital Equipment Expenditures
54.27 All agreements, grants, or contracts
54.28 referred to in this section must be
54.29 administered on a reimbursement basis.
54.30 Notwithstanding Minnesota Statutes,
54.31 section 16A.41, expenditures made on or
54.32 after July 1, 1999, or the date the
54.33 work program is approved, whichever is
54.34 later, are eligible for reimbursement.
54.35 Payment must be made upon receiving
54.36 documentation that project-eligible
54.37 reimbursable amounts have been
54.38 expended, except that reasonable
54.39 amounts may be advanced to projects in
54.40 order to accommodate cash flow needs.
54.41 The advances must be approved as part
54.42 of the work program. No expenditures
54.43 for capital equipment are allowed
54.44 unless expressly authorized in the
54.45 project work program.
54.46 Subd. 21. Purchase of Recycled and
54.47 Recyclable Materials
54.48 A political subdivision, public or
54.49 private corporation, or other entity
54.50 that receives an appropriation in this
54.51 section must use the appropriation in
54.52 compliance with Minnesota Statutes,
54.53 sections 16B.121 to 16B.123, requiring
54.54 the purchase of recycled, repairable,
54.55 and durable materials, the purchase of
54.56 uncoated paper stock, and the use of
54.57 soy-based ink, the same as if it were a
54.58 state agency.
54.59 Subd. 22. Energy Conservation
54.60 A recipient to whom an appropriation is
55.1 made in this section for a capital
55.2 improvement project shall ensure that
55.3 the project complies with the
55.4 applicable energy conservation
55.5 standards contained in law, including
55.6 Minnesota Statutes, sections 216C.19 to
55.7 216C.21, and rules adopted thereunder.
55.8 The recipient may use the energy
55.9 planning and intervention and energy
55.10 technologies units of the commissioner
55.11 of public service to obtain information
55.12 and technical assistance on energy
55.13 conservation and alternative energy
55.14 development relating to the planning
55.15 and construction of the capital
55.16 improvement project.
55.17 Subd. 23. Accessibility
55.18 New structures must be shown to meet
55.19 the design standards in the Americans
55.20 with Disabilities Act Accessibility
55.21 Guidelines. Nonstructural facilities
55.22 such as trails, campgrounds, picnic
55.23 areas, parking, play areas, water
55.24 sources, and the access routes to these
55.25 features should be shown to be designed
55.26 using guidelines in the Recommendations
55.27 for Accessibility Guidelines:
55.28 Recreational Facilities and Outdoor
55.29 Developed Areas.
55.30 Subd. 24. Year 2000 Compatible
55.31 A recipient to whom an appropriation is
55.32 made in this section for computer
55.33 equipment and software must ensure that
55.34 the project expenditures comply with
55.35 year 2000 compatible database and
55.36 software.
55.37 Subd. 25. Carryforward
55.38 (a) The availability of the
55.39 appropriations for the following
55.40 projects is extended to June 30, 2000:
55.41 Laws 1997, chapter 216, section 15,
55.42 subdivision 5, paragraph (a), Ft.
55.43 Snelling State Park-upper bluff
55.44 utilization and AYH hostel; paragraph
55.45 (c), Jeffers petroglyphs environmental
55.46 assessment and prairie restoration;
55.47 paragraph (g), Native American
55.48 perspective of the historic north
55.49 shore; subdivision 6, paragraph (g),
55.50 lakeshore restoration - Minneapolis
55.51 chain of lakes; subdivision 9,
55.52 paragraph (a), grants to local
55.53 governments to assist natural resource
55.54 decision making; paragraph (e), North
55.55 Minneapolis upper river master plan;
55.56 paragraph (g), Miller Creek management;
55.57 and paragraph (h), trout habitat
55.58 preservation using alternative
55.59 watershed management practices;
55.60 subdivision 10, paragraph (g), Fillmore
55.61 county soil survey update; subdivision
55.62 11, paragraph (a), foundations to
55.63 integrated access to environmental
55.64 information; subdivision 12, paragraph
55.65 (a), sustainable development assistance
56.1 for municipalities through electric
56.2 utilities; paragraph (h), soy-based
56.3 diesel fuel study; subdivision 13,
56.4 paragraph (g), state wolf management:
56.5 electronically moderating the
56.6 discussion; subdivision 14, paragraph
56.7 (f), loons; indicators of mercury in
56.8 the environment; subdivision 17,
56.9 paragraph (a), sustainable woodlands on
56.10 private lands; and paragraph (d)
56.11 prairie heritage project; subdivision
56.12 20, paragraph (a), ballast water
56.13 technology demonstration for exotic
56.14 species control; Laws 1995, chapter
56.15 220, section 19, subdivision 12,
56.16 paragraph (a), restore historic
56.17 Mississippi river mill site, as amended
56.18 by Laws 1997, chapter 216, section 15,
56.19 subdivision 26, paragraph (b).
56.20 (b) The availability of the
56.21 appropriations for the following
56.22 projects is extended to June 30, 2001:
56.23 Laws 1997, chapter 216, section 15,
56.24 subdivision 5, paragraph (f),
56.25 historical and cultural museum on
56.26 Vermilion Lake Indian Reservation;
56.27 subdivision 7, paragraph (f), mercury
56.28 manometers; subdivision 16, paragraph
56.29 (b), Arboretum Land Acquisition.
56.30 Sec. 16. ADDITIONAL APPROPRIATIONS
56.31 The following amounts are appropriated
56.32 in fiscal year 1999 from the Minnesota
56.33 environment and natural resources trust
56.34 fund referred to in Minnesota Statutes,
56.35 section 116P.02, subdivision 6.
56.36 $496,000 in fiscal year 1999 is added
56.37 to the appropriation in Laws 1997,
56.38 chapter 216, section 15, subdivision 4,
56.39 paragraph (a), clause (1), for state
56.40 park and recreation area acquisition.
56.41 $495,000 in fiscal year 1999 is added
56.42 to the appropriation in Laws 1997,
56.43 chapter 216, section 15, subdivision 4,
56.44 paragraph (b), metropolitan regional
56.45 park system.
56.46 Sec. 17. Minnesota Statutes 1998, section 14.386, is
56.47 amended to read:
56.48 14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.]
56.49 (a) A rule adopted, amended, or repealed by an agency,
56.50 under a statute enacted after January 1, 1997, authorizing or
56.51 requiring rules to be adopted but excluded from the rulemaking
56.52 provisions of chapter 14 or from the definition of a rule, has
56.53 the force and effect of law only if:
56.54 (1) the revisor of statutes approves the form of the rule
56.55 by certificate;
57.1 (2) the office of administrative hearings approves the rule
57.2 as to its legality within 14 days after the agency submits it
57.3 for approval and files two copies of the rule with the revisor's
57.4 certificate in the office of the secretary of state; and
57.5 (3) a copy is published by the agency in the State Register.
57.6 A statute enacted after January 1, 1997, authorizing or
57.7 requiring rules to be adopted but excluded from the rulemaking
57.8 provisions of chapter 14 or from the definition of a rule does
57.9 not excuse compliance with this section unless it makes specific
57.10 reference to this section.
57.11 (b) A rule adopted under this section is effective for a
57.12 period of two years from the date of publication of the rule in
57.13 the State Register. The authority for the rule expires at the
57.14 end of this two-year period.
57.15 (c) The chief administrative law judge shall adopt rules
57.16 relating to the rule approval duties imposed by this section and
57.17 section 14.388, including rules establishing standards for
57.18 review.
57.19 (d) This section does not apply to:
57.20 (1) any group or rule listed in section 14.03, subdivisions
57.21 1 and 3, except as otherwise provided by law;
57.22 (2) game and fish rules of the commissioner of natural
57.23 resources adopted under section 84.027, subdivision 13, or
57.24 sections 97A.0451 to 97A.0459;
57.25 (3) experimental and special management waters designated
57.26 by the commissioner of natural resources under sections 97C.001
57.27 and 97C.005; or
57.28 (4) game refuges designated by the commissioner of natural
57.29 resources under section 97A.085; or
57.30 (5) transaction fees established by the commissioner of
57.31 natural resources for electronic or telephone sales of licenses,
57.32 stamps, permits, registrations, or transfers under section
57.33 84.027, subdivision 15, paragraph (a), clause (3).
57.34 (e) If a statute provides that a rule is exempt from
57.35 chapter 14, and section 14.386 does not apply to the rule, the
57.36 rule has the force of law unless the context of the statute
58.1 delegating the rulemaking authority makes clear that the rule
58.2 does not have force of law.
58.3 Sec. 18. Minnesota Statutes 1998, section 16A.531, is
58.4 amended by adding a subdivision to read:
58.5 Subd. 3. [AGRICULTURAL FUND.] There is created in the
58.6 state treasury an agricultural fund as a special revenue fund
58.7 for deposit of receipts from agricultural related fees and
58.8 activities conducted by the state.
58.9 Sec. 19. Minnesota Statutes 1998, section 16B.171, as
58.10 amended by Laws 1999, chapter 86, section 7, if enacted, is
58.11 amended to read:
58.12 16B.171 [EXCEPTION FOR FEDERAL TRANSPORTATION CONTRACTS.]
58.13 Notwithstanding section 16C.08 or other any law to the
58.14 contrary, the commissioner of transportation, commissioner of
58.15 the pollution control agency, or commissioner of natural
58.16 resources may, when required by a federal agency entering into
58.17 an intergovernmental contract, negotiate contract terms
58.18 providing for full or partial prepayment to the federal agency
58.19 before work is performed or services are provided.
58.20 Sec. 20. Minnesota Statutes 1998, section 17.038, is
58.21 amended to read:
58.22 17.038 [STATISTICAL SERVICES ACCOUNT.]
58.23 The statistical services account is established in the
58.24 state treasury agricultural fund. All payments for statistical
58.25 services performed by the agricultural statistics division of
58.26 the department of agriculture must be deposited in the state
58.27 treasury agricultural fund and credited to the statistical
58.28 services account. The money in the account is appropriated to
58.29 the commissioner of agriculture to administer the programs of
58.30 the agricultural statistics division.
58.31 Sec. 21. Minnesota Statutes 1998, section 17.102,
58.32 subdivision 4, is amended to read:
58.33 Subd. 4. [MINNESOTA GROWN ACCOUNT.] The Minnesota grown
58.34 account is established as an account in the state
58.35 treasury agricultural fund. License fee receipts and penalties
58.36 collected under this section must be deposited in the state
59.1 treasury agricultural fund and credited to the Minnesota grown
59.2 account. The money in the account is continuously appropriated
59.3 to the commissioner to implement and enforce this section and to
59.4 promote the Minnesota grown logo and labeling.
59.5 Sec. 22. Minnesota Statutes 1998, section 17.109,
59.6 subdivision 1, is amended to read:
59.7 Subdivision 1. [ESTABLISHMENT.] The Minnesota grown
59.8 matching account is established as a separate account in the
59.9 state treasury agricultural fund. The account shall be
59.10 administered by the commissioner of agriculture as provided in
59.11 this section.
59.12 Sec. 23. Minnesota Statutes 1998, section 17.109,
59.13 subdivision 3, is amended to read:
59.14 Subd. 3. [APPROPRIATIONS MUST BE MATCHED BY PRIVATE
59.15 FUNDS.] Appropriations to the Minnesota grown matching account
59.16 may be expended only to the extent that they are matched with
59.17 contributions to the account from private sources on a basis of
59.18 $4 of the appropriation to each $1 of private contributions.
59.19 Matching funds are not available after the appropriation is
59.20 encumbered. For the purposes of this subdivision, "private
59.21 contributions" includes, but is not limited to, advertising
59.22 revenue, listing fees, and revenues from the development and
59.23 sale of promotional materials.
59.24 Sec. 24. Minnesota Statutes 1998, section 17.115,
59.25 subdivision 3, is amended to read:
59.26 Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans
59.27 must be made to the commissioner on forms prescribed by the
59.28 commissioner.
59.29 (b) The applications must be reviewed, ranked, and
59.30 recommended by a loan review panel appointed by the
59.31 commissioner. The loan review panel shall consist of two
59.32 lenders with agricultural experience, two resident farmers of
59.33 the state using sustainable agriculture methods, two resident
59.34 farmers of the state using organic agriculture methods, a farm
59.35 management specialist, a representative from a post-secondary
59.36 education institution, and a chair from the department.
60.1 (c) The loan review panel shall rank applications according
60.2 to the following criteria:
60.3 (1) realize savings to the cost of agricultural production
60.4 and project savings to repay the cost of the loan;
60.5 (2) reduce or make more efficient use of energy; and
60.6 (3) reduce production costs.
60.7 (d) A loan application must show that the loan can be
60.8 repaid by the applicant.
60.9 (e) The commissioner must consider the recommendations of
60.10 the loan review panel and may make loans for eligible projects.
60.11 Priority must be given based on the amount of savings realized
60.12 by adopting the practice implemented by the loan.
60.13 Sec. 25. Minnesota Statutes 1998, section 17.116,
60.14 subdivision 3, is amended to read:
60.15 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants
60.16 must be made to the commissioner on forms prescribed by the
60.17 commissioner.
60.18 (b) The applications must be reviewed, ranked, and
60.19 recommended by a technical review panel appointed by the
60.20 commissioner. The technical review panel shall consist of a
60.21 soil scientist, an agronomist, a representative from a
60.22 post-secondary educational institution, two resident farmers of
60.23 the state using sustainable agriculture methods, two resident
60.24 farmers of the state using organic agriculture methods, and a
60.25 chair from the department.
60.26 (c) The technical review panel shall rank applications
60.27 according to the following criteria:
60.28 (1) direct or indirect energy savings or production;
60.29 (2) environmental benefit;
60.30 (3) farm profitability;
60.31 (4) the number of farms able to apply the techniques or the
60.32 technology proposed;
60.33 (5) the effectiveness of the project as a demonstration;
60.34 (6) the immediate transferability of the project to farms;
60.35 and
60.36 (7) the ability of the project to accomplish its goals.
61.1 (d) The commissioner shall consider the recommendations of
61.2 the technical review panel and may award grants for eligible
61.3 projects. Priority must be given to applicants who are farmers
61.4 or groups of farmers.
61.5 (e) Grants for eligible projects may not exceed $25,000
61.6 unless the portion above $25,000 is matched on an equal basis by
61.7 the applicant's cash or in-kind land use contribution. Grant
61.8 funding of projects may not exceed $50,000 under this section,
61.9 but applicants may utilize other funding sources. A portion of
61.10 each grant must be targeted for public information activities of
61.11 the project.
61.12 (f) A project may continue for up to three years.
61.13 Multiyear projects must be reevaluated by the technical review
61.14 panel and the commissioner before second or third year funding
61.15 is approved. A project is limited to one grant for its funding.
61.16 Sec. 26. Minnesota Statutes 1998, section 17.117,
61.17 subdivision 3, is amended to read:
61.18 Subd. 3. [APPROPRIATIONS.] Up to $40,000,000 $140,000,000
61.19 of the balance in the water pollution control revolving fund in
61.20 section 446A.07, as determined by the public facilities
61.21 authority, is appropriated to the commissioner for the
61.22 establishment of this program.
61.23 Sec. 27. Minnesota Statutes 1998, section 17.457,
61.24 subdivision 10, is amended to read:
61.25 Subd. 10. [FEE.] The commissioner shall impose a fee for
61.26 permits in an amount sufficient to cover the costs of issuing
61.27 the permits and for facility inspections. The fee may not
61.28 exceed $50. Fee receipts must be deposited in the state
61.29 treasury agricultural fund and credited to the special revenue
61.30 fund Eurasian wild pigs account and are appropriated to the
61.31 commissioner for the purposes of this section.
61.32 Sec. 28. Minnesota Statutes 1998, section 17.59,
61.33 subdivision 5, is amended to read:
61.34 Subd. 5. [COMMODITIES RESEARCH AND PROMOTION ACCOUNT.] All
61.35 fees collected by the department under sections 17.51 to 17.69
61.36 and any other fees and income received by the department in the
62.1 administration of these statutes shall be deposited in a
62.2 separate account known as the commodity research and promotion
62.3 account in the special revenue agricultural fund. Money in the
62.4 account, including interest, is appropriated to the commissioner
62.5 to carry out the duties of sections 17.51 to 17.69.
62.6 Sec. 29. Minnesota Statutes 1998, section 17.85, is
62.7 amended to read:
62.8 17.85 [LABORATORY SERVICES ACCOUNT.]
62.9 A laboratory services account is established in the state
62.10 treasury agricultural fund. Payments for laboratory services
62.11 performed by the laboratory services division of the department
62.12 of agriculture must be deposited in the state treasury
62.13 agricultural fund and credited to the laboratory services
62.14 account. Money in the account, including interest earned on the
62.15 account, is annually appropriated to the commissioner of
62.16 agriculture to administer the programs of the laboratory
62.17 services division.
62.18 Sec. 30. Minnesota Statutes 1998, section 17.982,
62.19 subdivision 1, is amended to read:
62.20 Subdivision 1. [CRIMINAL PENALTIES.] A person who violates
62.21 chapter 29, 31, 31A, 31B, or 34 for which a penalty has not been
62.22 prescribed is guilty of a misdemeanor.
62.23 Sec. 31. Minnesota Statutes 1998, section 17.983,
62.24 subdivision 1, is amended to read:
62.25 Subdivision 1. [ADMINISTRATIVE PENALTIES; CITATION.] If a
62.26 person has violated chapter 29, 31, 31A, 31B, 32, or 34, the
62.27 commissioner may issue a written citation to the person by
62.28 personal service or by certified mail. The citation shall
62.29 describe the nature of the violation and the statute or rule
62.30 alleged to have been violated; state the time for correction;
62.31 and the amount of any proposed fine. The citation must advise
62.32 the person to notify the commissioner in writing within 30 days
62.33 if the person wishes to appeal the citation. If the person
62.34 fails to appeal the citation, the citation is the final order
62.35 and not subject to further review.
62.36 Sec. 32. Minnesota Statutes 1998, section 17A.11, is
63.1 amended to read:
63.2 17A.11 [FEES FOR LIVESTOCK WEIGHING.]
63.3 The commissioner shall prescribe the fee necessary to cover
63.4 the cost of state weighing, to be assessed and collected from
63.5 the seller in the manner the commissioner may prescribe. The
63.6 fee assessed must be the same, and the manner of collection of
63.7 the fee must be uniform at all facilities. At any location
63.8 where state weighing is performed in accordance with this
63.9 chapter and the total annual fees collected are insufficient to
63.10 pay the cost of the weighing, the annual deficit shall be
63.11 assessed and collected in the manner the commissioner may
63.12 prescribe. Additional money arising from the weighing of
63.13 animals by the commissioner, which has been collected and
63.14 retained by any person, shall be paid on demand to the
63.15 commissioner. All money collected by the commissioner shall be
63.16 deposited in the state treasury agricultural fund and credited
63.17 to the livestock weighing fund account. Money in the account is
63.18 appropriated to the commissioner to carry out the duties of
63.19 section 17A.10.
63.20 Sec. 33. Minnesota Statutes 1998, section 17B.15,
63.21 subdivision 1, is amended to read:
63.22 Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees
63.23 for inspection and weighing shall be fixed by the commissioner
63.24 and be a lien upon the grain. The commissioner shall set fees
63.25 for all inspection and weighing in an amount adequate to pay the
63.26 expenses of carrying out and enforcing the purposes of sections
63.27 17B.01 to 17B.23, including the portion of general support costs
63.28 and statewide indirect costs of the agency attributable to that
63.29 function, with a reserve sufficient for up to six months. The
63.30 commissioner shall review the fee schedule twice each year. Fee
63.31 adjustments are not subject to chapter 14. Payment shall be
63.32 required for services rendered. If the grain is in transit, the
63.33 fees shall be paid by the carrier and treated as advance
63.34 charges, and, if received for storage, the fees shall be paid by
63.35 the warehouse operator, and added to the storage charges.
63.36 All fees collected and all fines and penalties for
64.1 violation of any provision of this chapter shall be deposited in
64.2 the grain inspection and weighing account, which is created in
64.3 the state treasury agricultural fund for carrying out the
64.4 purpose of sections 17B.01 to 17B.23. The money in the account,
64.5 including interest earned on the account, is annually
64.6 appropriated to the commissioner of agriculture to administer
64.7 the provisions of sections 17B.01 to 17B.23. When money from
64.8 any other account is used to administer sections 17B.01 to
64.9 17B.23, the commissioner shall notify the chairs of the
64.10 agriculture, environment and natural resources finance, and ways
64.11 and means committees of the house of representatives; the
64.12 agriculture and rural development and finance committees of the
64.13 senate; and the finance division of the environment and natural
64.14 resources committee of the senate.
64.15 Sec. 34. [18.324] [REGULATION OF THE PRODUCTION OF
64.16 INDUSTRIAL HEMP.]
64.17 Subdivision 1. [LEGISLATIVE FINDINGS AND PURPOSE.] The
64.18 legislature finds the development and use of industrial hemp to
64.19 be in the best interests of the state economy and agriculture
64.20 and that the production of industrial hemp can be regulated so
64.21 as not to interfere with the strict control of controlled
64.22 substances. The purpose of this section is to promote the
64.23 economy, agriculture, public safety, health, and welfare by
64.24 permitting the development of an industrial hemp industry while
64.25 maintaining strict control over the production and use of
64.26 marijuana.
64.27 Subd. 2. [DEFINITIONS.] (a) The definitions in this
64.28 subdivision apply to this section.
64.29 (b) "Commercial uses" means noninjurious adaptations of
64.30 industrial hemp to the manufacture of rope, sacks, and other
64.31 sisal hemp products, batts, yarn, paper, composite materials,
64.32 thread, cordage, merchandise, cloth, and other noninjurious
64.33 products made from fiber, sterilized seed, inner hurds, or other
64.34 plant material of industrial hemp.
64.35 (c) "Commissioner" means the commissioner of agriculture.
64.36 (d) "Industrial hemp" means C. sativa L.
65.1 Subd. 3. [INDUSTRIAL HEMP AUTHORIZED AS AN AGRICULTURAL
65.2 CROP.] Notwithstanding sections 18.75 to 18.87 and chapter 152,
65.3 the growing and maintenance of experimental and demonstration
65.4 plots of industrial hemp by persons registered under subdivision
65.5 4 is authorized in this state. The experimental and
65.6 demonstration plots must be used to develop optimal agricultural
65.7 practices for growing industrial hemp in Minnesota. All plant
65.8 materials from industrial hemp grown on experimental and
65.9 demonstration plots, except plant materials retained for
65.10 breeding and propagation, must be used for commercial uses only.
65.11 Industrial hemp produced by a person registered under
65.12 subdivision 4 is not a noxious weed under sections 18.75 to
65.13 18.87.
65.14 Subd. 4. [REGISTRATION.] A person desiring to grow
65.15 experimental or demonstration plots of industrial hemp for
65.16 noninjurious commercial uses shall apply to the commissioner for
65.17 registration on a form prescribed by the commissioner. The
65.18 application must describe the commercial uses for which the
65.19 industrial hemp will be used and the specific location of each
65.20 experimental or demonstration plot where it will be grown. The
65.21 commissioner may grant the applicant permission to grow
65.22 experimental or demonstration plots of industrial hemp for the
65.23 commercial uses described in the registration form. The growing
65.24 of industrial hemp by the registrant pursuant to the terms of
65.25 the registration is a lawful agricultural activity. Data
65.26 related to the registration of experimental or demonstration
65.27 plots is public data under section 13.03.
65.28 Subd. 5. [ANNUAL NOTIFICATION REQUIRED.] A person
65.29 registered under subdivision 4 shall notify the commissioner
65.30 annually of the production and sale or distribution of
65.31 industrial hemp grown on experimental or demonstration plots
65.32 under the terms of the registration and shall provide the
65.33 commissioner with the names of all persons to whom the
65.34 industrial hemp plant material is sold or distributed.
65.35 Subd. 6. [PENALTY.] A person who grows industrial hemp in
65.36 violation of this section is subject to the applicable criminal
66.1 penalties provided in chapter 152.
66.2 Subd. 7. [ANNUAL REPORT TO THE LEGISLATURE.] On or before
66.3 March 1 of each year, the commissioner shall report to the
66.4 senate and house of representatives committees having
66.5 jurisdiction over agriculture policy issues on the development
66.6 of industrial hemp as an agricultural crop in the state. The
66.7 report must include information on the number, size, and general
66.8 location of registered experimental and demonstration plots and
66.9 the commercial uses of the industrial hemp grown on the plots.
66.10 Sec. 35. Minnesota Statutes 1998, section 18B.05,
66.11 subdivision 1, is amended to read:
66.12 Subdivision 1. [ESTABLISHMENT.] A pesticide regulatory
66.13 account is established in the state treasury agricultural fund.
66.14 Fees and penalties collected under this chapter must be
66.15 deposited in the state treasury agricultural fund and credited
66.16 to the pesticide regulatory account. Money in the account,
66.17 including interest, is appropriated to the commissioner for the
66.18 administration and enforcement of this chapter.
66.19 Sec. 36. Minnesota Statutes 1998, section 18B.26,
66.20 subdivision 5, is amended to read:
66.21 Subd. 5. [REVIEW AND REGISTRATION.] (a) The commissioner
66.22 may not deny the registration of a pesticide because the
66.23 commissioner determines the pesticide is not essential.
66.24 (b) The commissioner shall review each application and may
66.25 approve, deny, or cancel the registration of any pesticide. The
66.26 commissioner may impose state use and distribution restrictions
66.27 on a pesticide as part of the registration to prevent
66.28 unreasonable adverse effects on the environment.
66.29 (c) The commissioner must notify the applicant of the
66.30 approval, denial, cancellation, state use or distribution
66.31 restrictions.
66.32 (d) The applicant may request a hearing on any adverse
66.33 action of the commissioner within 30 days after being notified.
66.34 (e) The commissioner may exempt pesticides that have been
66.35 deregulated or classified as minimum risk by the United States
66.36 Environmental Protection Agency from the requirement of
67.1 registration.
67.2 Sec. 37. Minnesota Statutes 1998, section 18C.131, is
67.3 amended to read:
67.4 18C.131 [FERTILIZER INSPECTION ACCOUNT.]
67.5 A fertilizer inspection account is established in the state
67.6 treasury. The fees collected under this chapter and interest
67.7 attributable to money in the account must be deposited in the
67.8 state treasury and credited to the fertilizer inspection account
67.9 in the agricultural fund. Money in the account, including
67.10 interest earned, is appropriated to the commissioner for the
67.11 administration and enforcement of this chapter.
67.12 Sec. 38. Minnesota Statutes 1998, section 18E.02,
67.13 subdivision 5, is amended to read:
67.14 Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means:
67.15 (1) a responsible party or an owner of real property, but
67.16 does not include the state, a state agency, a political
67.17 subdivision of the state, except as provided in clause (2), the
67.18 federal government, or an agency of the federal government;
67.19 (2) the owners of municipal airports at Perham, Madison,
67.20 and Hector, in Minnesota where a licensed aerial pesticide
67.21 applicator has caused an incident through storage, handling, or
67.22 distribution operations for agricultural chemicals if (i) the
67.23 commissioner has determined that corrective action is necessary
67.24 and (ii) the commissioner determines, and the agricultural
67.25 chemical response compensation board concurs, that based on an
67.26 affirmative showing made by the owner, a responsible party
67.27 cannot be identified or the identified responsible party is
67.28 unable to comply with an order for corrective action; or
67.29 (3) a person involved in a transaction relating to real
67.30 property who is not a responsible party or owner of the real
67.31 property and who voluntarily takes corrective action on the
67.32 property in response to a request or order for corrective action
67.33 from the commissioner, except an owner of a municipal airport
67.34 not listed in clause (2).
67.35 Sec. 39. Minnesota Statutes 1998, section 18E.03,
67.36 subdivision 1, is amended to read:
68.1 Subdivision 1. [ESTABLISHMENT.] The agricultural chemical
68.2 response and reimbursement account is established as an account
68.3 in the state treasury agricultural fund.
68.4 Sec. 40. Minnesota Statutes 1998, section 21.115, is
68.5 amended to read:
68.6 21.115 [FEES; SEED POTATO INSPECTION FUND ACCOUNT.]
68.7 The commissioner shall fix the fees for all inspections and
68.8 certifications in such amounts as from time to time may be found
68.9 necessary to pay the expenses of carrying out and enforcing the
68.10 purposes of sections 21.111 to 21.122, with a reasonable
68.11 reserve, and shall require the same to be paid before such
68.12 inspections or certifications are made. All moneys collected as
68.13 fees or as penalties for violations of any of the provisions of
68.14 such sections shall be paid into the state treasury agricultural
68.15 fund and therein credited to the seed potato inspection fund
68.16 account of the commissioner, which fund account is hereby
68.17 created and appropriated for carrying out the purposes of
68.18 sections 21.111 to 21.122. Interest, if any, received on
68.19 deposits of these moneys shall be credited to such fund the
68.20 account, and there shall be paid into this fund any sum provided
68.21 by the legislature for the purpose of carrying out the
68.22 provisions of such sections.
68.23 Sec. 41. Minnesota Statutes 1998, section 21.116, is
68.24 amended to read:
68.25 21.116 [EXPENSES.]
68.26 All necessary expenses incurred in carrying out the
68.27 provisions of sections 21.111 to 21.122 and the compensation of
68.28 officers, inspectors, and employees appointed, designated, or
68.29 employed by the commissioner, as provided in such sections,
68.30 together with their necessary traveling expenses, together with
68.31 the traveling expenses of the members of the advisory seed
68.32 potato certification committee, and other expenses necessary in
68.33 attending committee meetings, shall be paid from, and only from,
68.34 the seed potato inspection fund account, on order of the
68.35 commissioner and commissioner of finance's voucher warrant.
68.36 Sec. 42. Minnesota Statutes 1998, section 21.90,
69.1 subdivision 3, is amended to read:
69.2 Subd. 3. [TESTS OF VARIETIES.] If the commissioner needs
69.3 to verify that a hybrid seed field corn variety is adapted to
69.4 the corn growing zone declared by the originator or owner, it
69.5 must, when grown in several official comparative trials by the
69.6 director of the Minnesota agricultural experiment station in the
69.7 declared zone of adaptation, have an average kernel moisture at
69.8 normal harvest time which does not differ from the average
69.9 kernel moisture content of three or more selected standard
69.10 varieties adapted for grain production in that particular
69.11 growing zone by more than four percentage points. If a new
69.12 variety when tested has more than six percentage points of
69.13 moisture over the standard variety, it must have the relative
69.14 maturity increased by five days in the correct zone of
69.15 adaptation before it can be sold the second year. If it does
69.16 not exceed the standard varieties by more than five percentage
69.17 points of moisture the second year tested, it can be sold the
69.18 third year with the same relative maturity. If upon being
69.19 tested the third year the moisture percentage points are found
69.20 to be over the four percentage points allowed, the variety then
69.21 must have the relative maturity increased by five days in the
69.22 correct zone. The varieties to be used as standard varieties
69.23 for determining adaptability to a zone shall be selected for
69.24 each zone by the director of the Minnesota agricultural
69.25 experiment station with the advice and consent of the
69.26 commissioner of agriculture. Should a person, firm, originator,
69.27 or owner of a hybrid seed field corn variety wish to offer
69.28 hybrid seed for sale or distribution in this state, the person,
69.29 firm, originator, or owner not having distributed any products
69.30 in Minnesota during the past ten years, or not having any record
69.31 of testing by an agency acceptable to the commissioner, then
69.32 after registration of the variety the commissioner is required
69.33 to have the variety tested for one year by the director of the
69.34 Minnesota agricultural experiment station before it may be
69.35 distributed in Minnesota. Should any person, firm, originator,
69.36 or owner of a seed field corn variety be guilty of two
70.1 successive violations with respect to the declaration of
70.2 relative maturity date and zone number, then the violator must
70.3 commence a program of pretesting for varieties as determined by
70.4 the commissioner. The list of varieties to be used as standards
70.5 in each growing zone shall be sent by the commissioner not later
70.6 than February 1 of each year to each seed firm registering
70.7 hybrid varieties with the commissioner as of the previous April
70.8 1. To assist in defraying the expenses of the Minnesota
70.9 agricultural experiment station in carrying out the provisions
70.10 of this section, there shall be transferred annually from the
70.11 seed inspection fund account to the agricultural experiment
70.12 station a sum which shall at least equal 80 percent of the total
70.13 revenue from all hybrid seed field corn variety registrations.
70.14 Sec. 43. Minnesota Statutes 1998, section 21.92, is
70.15 amended to read:
70.16 21.92 [SEED INSPECTION FUND ACCOUNT.]
70.17 There is established in the state treasury agricultural
70.18 fund an account known as the seed inspection fund account. Fees
70.19 and penalties collected by the commissioner under sections 21.80
70.20 to 21.92 and interest attributable to money in the account shall
70.21 be deposited into this account. The rates at which the fees are
70.22 charged may be adjusted pursuant to section 16A.1285. Money in
70.23 the account, including interest earned, is appropriated to the
70.24 commissioner for the administration and enforcement of sections
70.25 21.80 to 21.92.
70.26 Sec. 44. Minnesota Statutes 1998, section 25.39,
70.27 subdivision 4, is amended to read:
70.28 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A
70.29 commercial feed inspection account is established in the state
70.30 treasury agricultural fund. Fees and penalties collected under
70.31 sections 25.35 to 25.43 and interest attributable to money in
70.32 the account must be deposited in the state treasury agricultural
70.33 fund and credited to the commercial feed inspection
70.34 account. Money in the account, including interest earned, is
70.35 appropriated to the commissioner for the administration and
70.36 enforcement of sections 25.341 to 25.43.
71.1 Sec. 45. Minnesota Statutes 1998, section 27.07,
71.2 subdivision 6, is amended to read:
71.3 Subd. 6. [COOPERATIVE AGREEMENTS; FEES; ACCOUNT.] The
71.4 commissioner may collect fees as provided for in cooperative
71.5 agreements between the commissioner and the United States
71.6 Department of Agriculture for the inspection of fresh fruits,
71.7 vegetables, and other products. The fees and interest
71.8 attributable to money in the account must be deposited in the
71.9 state treasury agricultural fund and credited to a fruit and
71.10 vegetables inspection account. Money in the account, including
71.11 interest earned, is appropriated to the commissioner to
71.12 administer the cooperative agreements.
71.13 Sec. 46. Minnesota Statutes 1998, section 28A.08,
71.14 subdivision 3, is amended to read:
71.15 Subd. 3. [FEES EFFECTIVE JULY 1, 1996 1999.]
71.16 Penalties
71.17 Type of food handler License Late No
71.18 Fee Renewal License
71.19 Effective
71.20 July 1, 1996 1999
71.21 1. Retail food handler
71.22 (a) Having gross sales of only
71.23 prepackaged nonperishable food
71.24 of less than $15,000 for
71.25 the immediately previous
71.26 license or fiscal year and
71.27 filing a statement with the
71.28 commissioner $ 45 $ 15 $ 25
71.29 $ 48 $ 16 $ 27
71.30 (b) Having under $15,000 gross
71.31 sales including food preparation
71.32 or having $15,000 to $50,000
71.33 gross sales for the immediately
71.34 previous license or fiscal year $ 61 $ 15 $ 25
71.35 $ 65 $ 16 $ 27
71.36 (c) Having $50,000 to $250,000
72.1 gross sales for the immediately
72.2 previous license or fiscal year $118 $ 35 $ 75
72.3 $126 $ 37 $ 80
72.4 (d) Having $250,000 to
72.5 $1,000,000 gross sales for the
72.6 immediately previous license or
72.7 fiscal year $202 $ 50 $100
72.8 $216 $ 54 $107
72.9 (e) Having $1,000,000 to
72.10 $5,000,000 gross sales for the
72.11 immediately previous license or
72.12 fiscal year $562 $100 $175
72.13 $601 $107 $187
72.14 (f) Having $5,000,000 to
72.15 $10,000,000 gross sales for the
72.16 immediately previous license or
72.17 fiscal year $787 $150 $300
72.18 $842 $161 $321
72.19 (g) Having over $10,000,000
72.20 gross sales for the immediately
72.21 previous license or fiscal year $899 $200 $350
72.22 $962 $214 $375
72.23 2. Wholesale food handler
72.24 (a) Having gross sales or
72.25 service of less than $25,000
72.26 for the immediately previous
72.27 license or fiscal year $ 50 $ 15 $ 15
72.28 $ 54 $ 16 $ 16
72.29 (b) Having $25,000 to
72.30 $250,000 gross sales or
72.31 service for the immediately
72.32 previous license or fiscal year $225 $ 50 $100
72.33 $241 $ 54 $107
72.34 (c) Having $250,000 to
72.35 $1,000,000 gross sales or
72.36 service from a mobile unit
73.1 without a separate food facility
73.2 for the immediately previous
73.3 license or fiscal year $337 $ 75 $150
73.4 $361 $ 80 $161
73.5 (d) Having $250,000 to
73.6 $1,000,000 gross sales or
73.7 service not covered under
73.8 paragraph (c) for the immediately
73.9 previous license or fiscal year $449 $100 $200
73.10 $480 $107 $214
73.11 (e) Having $1,000,000 to
73.12 $5,000,000 gross sales or
73.13 service for the immediately
73.14 previous license or fiscal year $562 $125 $250
73.15 $601 $134 $268
73.16 (f) Having over $5,000,000 gross
73.17 sales for the immediately
73.18 previous license or fiscal year $647 $150 $300
73.19 $692 $161 $321
73.20 3. Food broker $112 $ 30 $ 50
73.21 $120 $ 32 $ 54
73.22 4. Wholesale food processor
73.23 or manufacturer
73.24 (a) Having gross sales of less
73.25 than $125,000 for the
73.26 immediately previous license
73.27 or fiscal year $150 $ 50 $100
73.28 $161 $ 54 $107
73.29 (b) Having $125,000 to $250,000
73.30 gross sales for the immediately
73.31 previous license or fiscal year $310 $ 75 $150
73.32 $332 $ 80 $161
73.33 (c) Having $250,001 to $1,000,000
73.34 gross sales for the immediately
73.35 previous license or fiscal year $449 $100 $200
73.36 $480 $107 $214
74.1 (d) Having $1,000,001 to
74.2 5,000,000 gross sales for the
74.3 immediately previous license or
74.4 fiscal year $562 $125 $250
74.5 $601 $134 $268
74.6 (e) Having $5,000,001 to
74.7 $10,000,000 gross sales for
74.8 the immediately previous
74.9 license or fiscal year $647 $150 $300
74.10 $692 $161 $321
74.11 (f) Having over $10,000,000
74.12 gross sales for the immediately
74.13 previous license or fiscal year $900 $200 $350
74.14 $963 $214 $375
74.15 5. Wholesale food processor of
74.16 meat or poultry products
74.17 under supervision of the
74.18 U. S. Department of Agriculture
74.19 (a) Having gross sales of less
74.20 than $125,000 for the
74.21 immediately previous license
74.22 or fiscal year $100 $ 25 $ 50
74.23 $107 $ 27 $ 54
74.24 (b) Having $125,000 to
74.25 $250,000 gross sales for the
74.26 immediately previous license
74.27 or fiscal year $169 $ 50 $ 75
74.28 $181 $ 54 $ 80
74.29 (c) Having $250,001 to
74.30 $1,000,000 gross sales for the
74.31 immediately previous license
74.32 or fiscal year $253 $ 75 $125
74.33 $271 $ 80 $134
74.34 (d) Having $1,000,001 to
74.35 $5,000,000 gross sales
74.36 for the immediately previous
75.1 license or fiscal year $310 $ 75 $150
75.2 $332 $ 80 $161
75.3 (e) Having $5,000,001 to
75.4 $10,000,000 gross sales for
75.5 the immediately previous
75.6 license or fiscal year $366 $100 $175
75.7 $392 $107 $187
75.8 (f) Having over $10,000,000
75.9 gross sales for the immediately
75.10 previous license or fiscal year $500 $150 $250
75.11 $535 $161 $268
75.12 6. Wholesale food manufacturer
75.13 having the permission of the
75.14 commissioner to use the name
75.15 Minnesota Farmstead cheese $ 30 $ 10 $ 15
75.16 7. Nonresident frozen dairy
75.17 manufacturer $200 $ 50 $ 75
75.18 8. Wholesale food manufacturer
75.19 processing less than 700,000
75.20 pounds per year of raw milk $ 30 $ 10 $ 15
75.21 9. A milk marketing organization
75.22 without facilities for
75.23 processing or manufacturing
75.24 that purchases milk from milk
75.25 producers for delivery to a
75.26 licensed wholesale food
75.27 processor or manufacturer $ 50 $ 15 $ 25
75.28 Sec. 47. [28A.081] [CERTIFICATE FEES.]
75.29 A fee of $75 for each certificate shall be charged to all
75.30 food establishments that request certificates issued by the
75.31 Minnesota department of agriculture to facilitate the movement
75.32 of Minnesota processed and manufactured foods destined for
75.33 export from the state of Minnesota. Certificates include, but
75.34 are not limited to, a certificate of free sale, certificate of
75.35 export, certificate of sanitation, sanitary certificate,
75.36 certificate of origin and/or free sale, certificate of health
76.1 and/or free sale, sanitation, and purity, certificate of free
76.2 trade, certificate of free sale, sanitation, purity, and origin,
76.3 certificate of health, sanitation, purity, and free sale, and
76.4 letter of plant certification.
76.5 The commissioner shall bill a food establishment within
76.6 seven days after issuing a certificate to the establishment.
76.7 The operator of the food establishment must submit payment for a
76.8 certificate within ten days of the billing date. If a
76.9 certificate fee payment is not received within 15 days of the
76.10 billing date, the commissioner may not issue any future
76.11 certificates until previous fees due are paid in full.
76.12 Sec. 48. Minnesota Statutes 1998, section 29.22,
76.13 subdivision 5, is amended to read:
76.14 Subd. 5. [DISPOSITION OF FEES.] All fees collected and all
76.15 fines paid for a violation of sections 29.21 to 29.28 or rules
76.16 promulgated under those sections, as well as all license fees
76.17 and penalties must be deposited in the state treasury
76.18 agricultural fund, and credited to a separate account to be
76.19 known as the egg law inspection fund account, which is hereby
76.20 created, set aside, and appropriated as a revolving fund account
76.21 to be used by the department to help defray the expense of
76.22 inspection, supervision, and enforcement of sections 29.21 to
76.23 29.28 and is in addition to and not in substitution for the sums
76.24 regularly appropriated or otherwise made available for this
76.25 purpose to the department.
76.26 Sec. 49. Minnesota Statutes 1998, section 31.94, is
76.27 amended to read:
76.28 31.94 [COMMISSIONER DUTIES.]
76.29 (a) The commissioner shall enforce sections 31.92 to 31.95.
76.30 The commissioner shall withhold from sale or trade any product
76.31 sold, labeled, or advertised in violation of sections 31.92 to
76.32 31.95.
76.33 (b) The commissioner shall investigate the offering for
76.34 sale, labeling, or advertising of an article or substance as
76.35 organically grown, organically processed, or produced in an
76.36 organic environment if there is reason to believe that action is
77.1 in violation of sections 31.92 to 31.95.
77.2 (c) The commissioner may adopt rules that further clarify
77.3 organic food standards and marketing practices.
77.4 (d) In order to promote opportunities for organic
77.5 agriculture in Minnesota, the commissioner shall:
77.6 (1) survey producers and support services and organizations
77.7 to determine information and research needs in the area of
77.8 organic agriculture practices;
77.9 (2) work with the University of Minnesota to demonstrate
77.10 the on-farm applicability of organic agriculture practices to
77.11 conditions in this state;
77.12 (3) direct the programs of the department so as to work
77.13 toward the promotion of organic agriculture in this state;
77.14 (4) inform agencies of how state or federal programs could
77.15 utilize and support organic agriculture practices; and
77.16 (5) work closely with farmers, the University of Minnesota,
77.17 the Minnesota trade office, and other appropriate organizations
77.18 to identify opportunities and needs as well as ensure
77.19 coordination and avoid duplication of state agency efforts
77.20 regarding research, teaching, and extension work relating to
77.21 organic agriculture.
77.22 (e) By November 15 of each even-numbered year the
77.23 commissioner, in conjunction with the task force created in
77.24 section 31.95, subdivision 3a, shall report on the status of
77.25 organic agriculture in Minnesota to the legislative policy and
77.26 finance committees and divisions with jurisdiction over
77.27 agriculture. The report must include:
77.28 (1) a description of current state or federal programs
77.29 directed toward organic agriculture, including significant
77.30 results and experiences of those programs;
77.31 (2) a description of specific actions the department of
77.32 agriculture is taking in the area of organic agriculture,
77.33 including the proportion of the department's budget spent on
77.34 organic agriculture;
77.35 (3) a description of current and future research needs at
77.36 all levels in the area of organic agriculture; and
78.1 (4) suggestions for changes in existing programs or
78.2 policies or enactment of new programs or policies that will
78.3 affect organic agriculture.
78.4 Sec. 50. Minnesota Statutes 1998, section 31.95,
78.5 subdivision 3a, is amended to read:
78.6 Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota
78.7 grown organic product that is labeled "certified" must be
78.8 certified by a designated certification organization.
78.9 (b) A certified organic product sold in this state must be
78.10 certified by a designated certification organization or by a
78.11 certification organization approved by the commissioner. Before
78.12 approving a certification organization, the commissioner must
78.13 seek the evaluation and recommendation of the Minnesota organic
78.14 advisory task force.
78.15 (c) The commissioner shall appoint a Minnesota organic
78.16 advisory task force composed of members of the organic industry
78.17 to advise the commissioner on organic issues. Members of the
78.18 task force may not be paid compensation or costs for expenses to
78.19 advise the commissioner on policies and practices to improve
78.20 organic agriculture in Minnesota. The task force shall consist
78.21 of the following residents of the state:
78.22 (1) three farmers using organic agriculture methods;
78.23 (2) one organic food retailer or distributor;
78.24 (3) one representative of organic food certification
78.25 agencies;
78.26 (4) one organic food processor;
78.27 (5) one representative from the Minnesota extension
78.28 service;
78.29 (6) one representative from an environmental nonprofit
78.30 organization;
78.31 (7) two at-large members; and
78.32 (8) one representative from the agricultural utilization
78.33 research institute. Terms, compensation, and removal of members
78.34 are governed by section 15.059, subdivision 6. The task
78.35 force must meet at least twice each year and expires on June 30,
78.36 2001 2003.
79.1 Sec. 51. Minnesota Statutes 1998, section 31B.06, is
79.2 amended to read:
79.3 31B.06 [PACKER AND PROCESSOR ACCOUNTING REQUIREMENTS.]
79.4 (a) Hog, cattle, sheep, and dairy processors with annual
79.5 sales greater than $10,000,000 are required to conduct all
79.6 financial transactions relating to a contract feeding operation
79.7 through a separate and exclusive bank account. This separate
79.8 account is subject to audit and inspection at any reasonable
79.9 time by the commissioner.
79.10 (b) Grain and feed businesses with annual sales greater
79.11 than $10,000,000 are required to conduct all financial
79.12 transactions relating to contract feeding of hogs, cattle,
79.13 sheep, or dairy cows through a separate and exclusive bank
79.14 account. This separate account is subject to audit and
79.15 inspection at any reasonable time by the commissioner.
79.16 (c) Hog, cattle, and sheep processors with annual sales
79.17 greater than $10,000,000 may not include a confidentiality
79.18 clause in contracts with agricultural producers.
79.19 (d) Hog, cattle, and sheep processors with annual sales
79.20 greater than $10,000,000 may not have contracts with
79.21 agricultural producers for more than 75 percent of the
79.22 processor's capacity.
79.23 Sec. 52. [31B.32] [DAILY PRICE REPORTS.]
79.24 (a) At the close of each business day on which a packer
79.25 purchased or received on contract livestock for slaughter, the
79.26 packer must report to the United States Department of
79.27 Agriculture, Agricultural Marketing Service, and the
79.28 commissioner of agriculture all prices paid for livestock under
79.29 contract and through cash market sales during that business day,
79.30 including:
79.31 (1) the amount of the base price and a description of the
79.32 formula used to establish that base price;
79.33 (2) a description of the types and amount of any premiums
79.34 or discounts including but not limited to quality
79.35 characteristics, grade and yield, volume, early delivery,
79.36 percent lean, and transportation or acquisition cost savings to
80.1 the packer; and
80.2 (3) the basis on which payment was made including
80.3 live-weight, carcass weight, or value in the meat.
80.4 (b) The commissioner shall make information reported by
80.5 packers available to the public, through an electronic medium,
80.6 on the day succeeding the day covered by the packer's report.
80.7 The disclosure of information reported by the commissioner may
80.8 be made only in a form that ensures that:
80.9 (1) the identity of the parties involved in any transaction
80.10 described in a report is not disclosed;
80.11 (2) the identity of the packer submitting a report is not
80.12 disclosed; and
80.13 (3) the confidentiality of proprietary business information
80.14 is otherwise protected.
80.15 Sec. 53. [31B.33] [QUARTERLY REPORTS; COMMISSIONER
80.16 PUBLICATION OF TERMS AND PRICE.]
80.17 (a) A packer that acquires livestock for slaughter under
80.18 contract with one or more producers shall, within ten business
80.19 days after the close of each calendar quarter, provide a report
80.20 to the commissioner. The report must include copies of each
80.21 type of forward contract, marketing agreement, production
80.22 contract, and joint venture agreement used by the packer to
80.23 procure slaughter livestock from producers during the previous
80.24 calendar quarter. The report must also include copies of any
80.25 contract the packer intends to use in the upcoming quarter.
80.26 (b) Not later than 15 business days after packers have
80.27 provided reports required under paragraph (a), the commissioner
80.28 shall release to the agricultural press and other interested
80.29 parties a summary report of the contract terms and prices
80.30 offered by packers to producers during the previous calendar
80.31 quarter.
80.32 Sec. 54. [31B.34] [VIOLATION OF REPORTING REQUIREMENTS.]
80.33 A packer that knowingly violates the reporting requirements
80.34 of section 31B.32 or 31B.33 is guilty of a misdemeanor.
80.35 Sec. 55. [31B.35] [ENFORCEMENT.]
80.36 The attorney general shall enforce sections 31B.32 and
81.1 31B.33. The commissioner of agriculture shall refer violations
81.2 of these sections to the attorney general. The attorney general
81.3 may bring an action in district court to restrain a packer from
81.4 further violations. The attorney general may, upon referral
81.5 from the department, file an action in district court to enforce
81.6 these sections.
81.7 Sec. 56. Minnesota Statutes 1998, section 32.21,
81.8 subdivision 4, is amended to read:
81.9 Subd. 4. [PENALTIES.] (a) A person, other than a milk
81.10 producer, who violates this section is guilty of a misdemeanor
81.11 or subject to a civil penalty up to $1,000.
81.12 (b) A milk producer may not change milk plants within 30
81.13 days, without permission of the commissioner, after receiving
81.14 notification from the commissioner under paragraph (c) or (d)
81.15 that the milk producer has violated this section.
81.16 (c) A milk producer who violates subdivision 3, clause (1),
81.17 (2), (3), (4), or (5), is subject to clauses (1) to (3) of this
81.18 paragraph.
81.19 (1) Upon notification of the first violation in a 12-month
81.20 period, the producer must meet with the dairy plant field
81.21 service representative to initiate corrective action within 30
81.22 days.
81.23 (2) Upon the second violation within a 12-month period, the
81.24 producer is subject to a civil penalty of $300. The
81.25 commissioner shall notify the producer by certified mail stating
81.26 the penalty is payable in 30 days, the consequences of failure
81.27 to pay the penalty, and the consequences of future violations.
81.28 (3) Upon the third violation within a 12-month period, the
81.29 producer is subject to an additional civil penalty of $300 and
81.30 possible revocation of the producer's permit or certification.
81.31 The commissioner shall notify the producer by certified mail
81.32 that all civil penalties owed must be paid within 30 days and
81.33 that the commissioner is initiating administrative procedures to
81.34 revoke the producer's permit or certification to sell milk for
81.35 at least 30 days.
81.36 (d) The producer's shipment of milk must be immediately
82.1 suspended if the producer is identified as an individual source
82.2 of milk containing residues causing a bulk load of milk to test
82.3 positive in violation of subdivision 3, clause (6) or (7).
82.4 Shipment may resume The Grade A or manufacturing grade permit
82.5 must be converted to temporary status for not more than 30 days
82.6 and shipment may resume only after subsequent milk has been
82.7 sampled by the commissioner or the commissioner's agent and
82.8 found to contain no residues above established tolerances or
82.9 safe levels.
82.10 The Grade A or manufacturing grade permit may be restored
82.11 if the producer remains eligible only for manufacturing grade
82.12 until the producer completes the "Milk and Dairy Beef Residue
82.13 Prevention Protocol" with a licensed veterinarian, displays the
82.14 signed certificate in the milkhouse, and sends verification to
82.15 the commissioner within the 30-day temporary permit status
82.16 period. If the producer does not comply within the temporary
82.17 permit status period, the Grade A or manufacturing grade permit
82.18 must be suspended. A milk producer whose milk supply is in
82.19 violation of subdivision 3, clause (6) or (7), and has caused a
82.20 bulk load to test positive is subject to clauses (1) to (3) of
82.21 this paragraph.
82.22 (1) For the first violation in a 12-month period, a dairy
82.23 plant may collect from the responsible producer the value of the
82.24 contaminated truck load of milk. If the amount collected by the
82.25 plant is less than two days of milk production on that farm,
82.26 then the commissioner must assess the difference as a civil
82.27 penalty payable by the plant or marketing organization on behalf
82.28 of the responsible producer.
82.29 (2) For the second violation in a 12-month period, a dairy
82.30 plant may collect from the responsible producer the value of the
82.31 contaminated truck load of milk. If the amount collected by the
82.32 plant is less than four days of milk production on that farm,
82.33 then the commissioner must assess the difference as a civil
82.34 penalty payable by the plant or marketing organization on behalf
82.35 of the responsible producer.
82.36 (3) For the third violation in a 12-month period, a dairy
83.1 plant may collect from the responsible producer the value of the
83.2 contaminated load of milk. If the amount collected by the plant
83.3 is less than four days of milk production on that farm, then the
83.4 commissioner must assess the difference as a civil penalty
83.5 payable by the plant or marketing organization on behalf of the
83.6 responsible producer. The commissioner shall also notify the
83.7 producer by certified mail that the commissioner is initiating
83.8 administrative procedures to revoke the producer's right to sell
83.9 milk for a minimum of 30 days.
83.10 (4) If a bulk load of milk tests negative for residues and
83.11 there is a positive producer sample on the load, no civil
83.12 penalties may be assessed to the producer. The plant must
83.13 report the positive result within 24 hours and reject further
83.14 milk shipments from that producer until the producer's milk
83.15 tests negative. The department shall suspend the producer's
83.16 permit and count the violation on the producer's record. The
83.17 producer remains eligible only for manufacturing grade
83.18 until Grade A or manufacturing grade permit must be converted to
83.19 temporary status for not more than 30 days during which time the
83.20 producer reviews must review the "Milk and Dairy Beef Residue
83.21 Prevention Protocol" with a licensed veterinarian, display the
83.22 signed certificate in the milkhouse, and send verification to
83.23 the commissioner. To maintain a permit or certification to
83.24 market milk, this program must be reviewed within 30 days. If
83.25 these conditions are met, the Grade A or manufacturing grade
83.26 permit must be reinstated. If the producer does not comply
83.27 within the temporary permit status period, the Grade A or
83.28 manufacturing grade permit must be suspended.
83.29 (e) A milk producer that has been certified as completing
83.30 the "Milk and Dairy Beef Residue Prevention Protocol" within 12
83.31 months of the first violation of subdivision 3, clause (7), need
83.32 only review the cause of the violation with a field service
83.33 representative within three days to maintain Grade A or
83.34 manufacturing grade permit and shipping status if all other
83.35 requirements of this section are met.
83.36 (f) Civil penalties collected under this section must be
84.1 deposited in the milk inspection services account established in
84.2 this chapter.
84.3 Sec. 57. Minnesota Statutes 1998, section 32.394,
84.4 subdivision 9, is amended to read:
84.5 Subd. 9. [PAYMENTS; REFUNDS; DISPOSITION.] Fees are
84.6 payable by a processor or marketing organization by July 1 of
84.7 each year for Grade A, and by January 1 of each year for
84.8 manufacturing grade, and if not paid within 30 days of the due
84.9 date, the service must be discontinued, and permission to market
84.10 manufacturing grade or Grade A milk or milk products or use the
84.11 Grade A label must be withdrawn. A processor may terminate
84.12 payment and service without loss of the Grade A label if written
84.13 notice of that intention is given prior to the due date of the
84.14 payment of an assessment and if the continuous inspection of the
84.15 plant is assumed by a city whose milk control ordinance is
84.16 substantially equivalent to Minnesota law and rule and is
84.17 enforced with equal effectiveness. If a farm discontinues the
84.18 production of milk within six months of the billing date, a
84.19 request for a refund based on inspection services not received
84.20 may be made by the processor or by the marketing organization on
84.21 behalf of its patrons. This request must be made in writing by
84.22 July 1 for manufacturing grade, or by December 31 for Grade A,
84.23 and on approval by the commissioner refunds must be made to the
84.24 processor or marketing organization.
84.25 The fees for services performed by the activities of this
84.26 section must be deposited in the state treasury agricultural
84.27 fund and constitute a separate account to be known as the dairy
84.28 services account, which is hereby created. Money in the
84.29 account, including interest earned, is appropriated to the
84.30 commissioner to administer this chapter.
84.31 Sec. 58. Minnesota Statutes 1998, section 41A.09,
84.32 subdivision 3a, is amended to read:
84.33 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
84.34 shall make cash payments to producers of ethanol, anhydrous
84.35 alcohol, and wet alcohol located in the state. These payments
84.36 shall apply only to ethanol, anhydrous alcohol, and wet alcohol
85.1 fermented in the state and produced at plants that have begun
85.2 production by June 30, 2000. For the purpose of this
85.3 subdivision, an entity that holds a controlling interest in more
85.4 than one ethanol plant is considered a single producer. The
85.5 amount of the payment for each producer's annual production is:
85.6 (1) except as provided in paragraph (b), for each gallon of
85.7 ethanol or anhydrous alcohol produced on or before June 30,
85.8 2000, or ten years after the start of production, whichever is
85.9 later, 20 cents per gallon; and
85.10 (2) for each gallon produced of wet alcohol on or before
85.11 June 30, 2000, or ten years after the start of production,
85.12 whichever is later, a payment in cents per gallon calculated by
85.13 the formula "alcohol purity in percent divided by five," and
85.14 rounded to the nearest cent per gallon, but not less than 11
85.15 cents per gallon.
85.16 The producer payments for anhydrous alcohol and wet alcohol
85.17 under this section may be paid to either the original producer
85.18 of anhydrous alcohol or wet alcohol or the secondary processor,
85.19 at the option of the original producer, but not to both.
85.20 (b) If the level of production at an ethanol plant
85.21 increases due to an increase in the production capacity of the
85.22 plant and the increased production begins by June 30, 2000, the
85.23 payment under paragraph (a), clause (1), applies to the
85.24 additional increment of production until ten years after the
85.25 increased production began. Once a plant's production capacity
85.26 reaches 15,000,000 gallons per year, no additional increment
85.27 will qualify for the payment.
85.28 (c) The commissioner shall make payments to producers of
85.29 ethanol or wet alcohol in the amount of 1.5 cents for each
85.30 kilowatt hour of electricity generated using closed-loop biomass
85.31 in a cogeneration facility at an ethanol plant located in the
85.32 state. Payments under this paragraph shall be made only for
85.33 electricity generated at cogeneration facilities that begin
85.34 operation by June 30, 2000. The payments apply to electricity
85.35 generated on or before the date ten years after the producer
85.36 first qualifies for payment under this paragraph. Total
86.1 payments under this paragraph in any fiscal year may not exceed
86.2 $750,000. For the purposes of this paragraph:
86.3 (1) "closed-loop biomass" means any organic material from a
86.4 plant that is planted for the purpose of being used to generate
86.5 electricity or for multiple purposes that include being used to
86.6 generate electricity; and
86.7 (2) "cogeneration" means the combined generation of:
86.8 (i) electrical or mechanical power; and
86.9 (ii) steam or forms of useful energy, such as heat, that
86.10 are used for industrial, commercial, heating, or cooling
86.11 purposes.
86.12 (d) Except for new production capacity approved under
86.13 paragraph (i), clause (1), the total payments under paragraphs
86.14 (a) and (b) to all producers may not exceed $34,000,000 in a
86.15 fiscal year. Total payments under paragraphs (a) and (b) to a
86.16 producer in a fiscal year may not exceed $3,000,000.
86.17 (e) By the last day of October, January, April, and July,
86.18 each producer shall file a claim for payment for ethanol,
86.19 anhydrous alcohol, and wet alcohol production during the
86.20 preceding three calendar months. A producer with more than one
86.21 plant shall file a separate claim for each plant. A producer
86.22 shall file a separate claim for the original production capacity
86.23 of each plant and for each additional increment of production
86.24 that qualifies under paragraph (b). A producer that files a
86.25 claim under this subdivision shall include a statement of the
86.26 producer's total ethanol, anhydrous alcohol, and wet alcohol
86.27 production in Minnesota during the quarter covered by the claim,
86.28 including anhydrous alcohol and wet alcohol produced or received
86.29 from an outside source. A producer shall file a separate claim
86.30 for any amount claimed under paragraph (c). For each claim and
86.31 statement of total ethanol, anhydrous alcohol, and wet alcohol
86.32 production filed under this subdivision, the volume of ethanol,
86.33 anhydrous alcohol, and wet alcohol production or amounts of
86.34 electricity generated using closed-loop biomass must be examined
86.35 by an independent certified public accountant in accordance with
86.36 standards established by the American Institute of Certified
87.1 Public Accountants.
87.2 (f) Payments shall be made November 15, February 15, May
87.3 15, and August 15. A separate payment shall be made for each
87.4 claim filed. The total quarterly payment to a producer under
87.5 this paragraph, excluding amounts paid under paragraph (c), may
87.6 not exceed $750,000. Except for new production capacity
87.7 approved under paragraph (i), clause (1), if the total amount
87.8 for which all other producers are eligible in a quarter under
87.9 paragraphs (a) and (b) exceeds $8,500,000, the commissioner
87.10 shall make payments for production capacity that is subject to
87.11 this restriction in the order in which the portion of production
87.12 capacity covered by each claim went into production.
87.13 (g) If the total amount for which all producers are
87.14 eligible in a quarter under paragraph (c) exceeds the amount
87.15 available for payments, the commissioner shall make payments in
87.16 the order in which the plants covered by the claims began
87.17 generating electricity using closed-loop biomass.
87.18 (h) After July 1, 1997, new production capacity is only
87.19 eligible for payment under this subdivision if the commissioner
87.20 receives:
87.21 (1) an application for approval of the new production
87.22 capacity;
87.23 (2) an appropriate letter of long-term financial commitment
87.24 for construction of the new production capacity; and
87.25 (3) copies of all necessary permits for construction of the
87.26 new production capacity.
87.27 The commissioner may approve new production capacity based
87.28 on the order in which the applications are received.
87.29 (i) After Between April 22, 1998, and June 30, 2001, the
87.30 commissioner may only approve: (1) up to 12,000,000 gallons of
87.31 new production capacity at one plant that has not previously
87.32 received approval or payment for any production capacity; or (2)
87.33 new production capacity at existing plants not to exceed planned
87.34 expansions reported to the commissioner by February 1997. The
87.35 commissioner may not approve any new production capacity at a
87.36 new ethanol plant after July 1, 1998.
88.1 (j) After July 1, 2001, the commissioner may approve new
88.2 production capacity at existing ethanol plants.
88.3 (k) For the purposes of this subdivision "new production
88.4 capacity" means annual ethanol production capacity that was not
88.5 allowed under a permit issued by the pollution control agency
88.6 prior to July 1, 1997, or for which construction did not begin
88.7 prior to July 1, 1997.
88.8 Sec. 59. Minnesota Statutes 1998, section 41B.044,
88.9 subdivision 2, is amended to read:
88.10 Subd. 2. [ETHANOL DEVELOPMENT FUND.] There is established
88.11 in the state treasury an ethanol development fund. All
88.12 repayments of financial assistance granted under subdivision 1,
88.13 including principal and interest, must be deposited into this
88.14 the general fund. Interest earned on money in the fund accrues
88.15 to the fund, and money in the fund is appropriated to the
88.16 commissioner of agriculture for purposes of the ethanol
88.17 production facility loan program, including costs incurred by
88.18 the authority to establish and administer the program.
88.19 Sec. 60. [41B.048] [LIVESTOCK PROCESSING PLANT DEVELOPMENT
88.20 PROGRAM.]
88.21 Subdivision 1. [LIVESTOCK PROCESSING PLANT LOAN AND GRANT
88.22 PROGRAM.] The authority may establish, adopt rules for, and
88.23 implement a livestock processing plant loan and grant program to
88.24 provide capital for cooperatively owned livestock slaughter and
88.25 processing plants. The program may provide for secured or
88.26 unsecured loans, loan participations and loan guarantees with
88.27 respect to real or personal property comprising all or part of a
88.28 livestock processing plant, and the payment of costs incurred by
88.29 the authority to establish and administer the program.
88.30 Subd. 2. [LIVESTOCK PROCESSING PLANT DEVELOPMENT FUND.] A
88.31 livestock processing plant development revolving fund is
88.32 established in the state treasury. All repayments of financial
88.33 assistance granted under subdivision 1, including principal and
88.34 interest, must be deposited into this fund. Interest earned on
88.35 money in the fund accrues to the fund, and money in the fund is
88.36 appropriated to the commissioner of agriculture for purposes of
89.1 the livestock processing plant loan program, including costs
89.2 incurred by the authority to establish and administer the
89.3 program.
89.4 Subd. 3. [PROGRAM REQUIREMENTS.] (a) The requirements in
89.5 this subdivision apply to the livestock processing plant loan
89.6 and grant program.
89.7 (b) A cooperative organized under chapter 308A, all of
89.8 whose members are natural persons residing in Minnesota, may
89.9 participate in the program and is not required to meet the
89.10 eligibility requirements of section 41B.03, subdivision 1.
89.11 (c) A cooperative wishing to participate may be required to
89.12 pay a reasonable nonrefundable application fee. The application
89.13 fee is initially $500. The authority may review the fee
89.14 annually and make adjustments as necessary. Application fees
89.15 received by the authority must be deposited in the livestock
89.16 processing plant revolving development fund.
89.17 (d) The total assistance provided to a livestock processing
89.18 plant must not exceed $750,000.
89.19 (e) The interest rate on loans and loan participations made
89.20 by the authority from appropriated funds must not exceed two
89.21 percent. The interest payable on loans and loan participations
89.22 funded from other sources may be at a rate determined by the
89.23 authority.
89.24 (f) Loan payments of interest only are permitted for up to
89.25 24 full months, with a fully amortized repayment schedule of
89.26 interest and principal calculated on a basis of ten years
89.27 maximum for the remaining years of the loan.
89.28 Sec. 61. Minnesota Statutes 1998, section 84.027,
89.29 subdivision 15, is amended to read:
89.30 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner
89.31 may receive an application for, sell, and issue any license,
89.32 stamp, permit, registration, or transfer under the jurisdiction
89.33 of the commissioner by electronic means, including by
89.34 telephone. Notwithstanding section 97A.472, electronic and
89.35 telephone transactions may be made outside of the state. The
89.36 commissioner may:
90.1 (1) provide for the electronic transfer of funds generated
90.2 by electronic transactions, including by telephone;
90.3 (2) assign a license identification number to an applicant
90.4 who purchases a hunting or fishing license by electronic means,
90.5 to serve as temporary authorization to engage in the licensed
90.6 activity until the license is received or expires;
90.7 (3) charge and permit agents to charge a fee of individuals
90.8 who make electronic transactions, and transactions by telephone,
90.9 including a transaction the issuing fee under section 97A.485,
90.10 subdivision 6, and a credit card an additional transaction fee
90.11 not to exceed $3.50 for electronic transactions;
90.12 (4) select up to four volunteer counties, not more than two
90.13 in the metropolitan area, to participate in this pilot project
90.14 and the counties shall select the participating agents; and
90.15 (5) upon completion of a pilot project, implement a
90.16 statewide system and select the participating agents; and
90.17 (6) adopt rules to administer the provisions of this
90.18 subdivision.
90.19 (b) A county shall not collect a commission for the sale of
90.20 licenses or permits made by agents selected by the participating
90.21 counties under this subdivision.
90.22 (c) Establishment of the transaction fee under paragraph
90.23 (a), clause (3), is not subject to the rulemaking procedures of
90.24 chapter 14.
90.25 (d) An amount sufficient to pay the cost of electronic
90.26 transactions, on a per transaction basis, is annually
90.27 appropriated from the game and fish fund and the natural
90.28 resources fund.
90.29 Sec. 62. Minnesota Statutes 1998, section 84.0855, is
90.30 amended by adding a subdivision to read:
90.31 Subd. 1a. [SOFTWARE SALES.] Notwithstanding section
90.32 16B.405, the commissioner may sell or license intellectual
90.33 property and software products or services developed by the
90.34 department or custom developed by a vendor for the department.
90.35 Sec. 63. Minnesota Statutes 1998, section 84.0855,
90.36 subdivision 2, is amended to read:
91.1 Subd. 2. [RECEIPTS; APPROPRIATION.] Money received by the
91.2 commissioner under this section or to buy supplies for the use
91.3 of volunteers, may be credited to one or more special accounts
91.4 in the state treasury and is appropriated to the commissioner
91.5 for the purposes for which the money was received. Money
91.6 received from sales at the state fair shall be available for
91.7 state fair related costs. Money received from sales of
91.8 intellectual property and software products or services shall be
91.9 available for development, maintenance, and support of software
91.10 products and systems.
91.11 Sec. 64. Minnesota Statutes 1998, section 84.81, is
91.12 amended by adding a subdivision to read:
91.13 Subd. 13. [METAL TRACTION DEVICE.] "Metal traction device"
91.14 means any metal device or array of metal devices attached to a
91.15 snowmobile track to enhance traction, that is:
91.16 (1) made of metal, except that metal cleats affixed
91.17 perpendicular to the direction of travel of a snowmobile track
91.18 which was manufactured in 1981 or earlier shall not be
91.19 considered a metal traction device; or
91.20 (2) affixed to a snowmobile track with metal components
91.21 that extend more than one-fourth inch from the bottom of the
91.22 track.
91.23 Sec. 65. Minnesota Statutes 1998, section 84.8205, is
91.24 amended by adding a subdivision to read:
91.25 Subd. 6. [DUPLICATE STATE TRAIL STICKERS.] The
91.26 commissioner shall issue a duplicate sticker to a person whose
91.27 sticker is lost or destroyed using the process established under
91.28 section 97A.405, subdivision 3, and rules adopted thereunder.
91.29 The fee for a duplicate state trail sticker is $2, with an
91.30 issuing fee of 50 cents.
91.31 Sec. 66. Minnesota Statutes 1998, section 84.83,
91.32 subdivision 3, is amended to read:
91.33 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited
91.34 in the account and interest earned on that money may be expended
91.35 only as appropriated by law for the following purposes:
91.36 (1) for a grant-in-aid program to counties and
92.1 municipalities for construction and maintenance of snowmobile
92.2 trails, including maintenance of trails on lands and waters of
92.3 Voyageurs National Park;
92.4 (2) for acquisition, development, and maintenance of state
92.5 recreational snowmobile trails;
92.6 (3) for snowmobile safety programs; and
92.7 (4) for the administration and enforcement of sections
92.8 84.81 to 84.90.
92.9 Sec. 67. Minnesota Statutes 1998, section 84.83,
92.10 subdivision 4, is amended to read:
92.11 Subd. 4. [PROVISIONS APPLICABLE TO FUNDING RECIPIENTS.] (a)
92.12 Recipients of Minnesota trail assistance program funds must be
92.13 afforded the same protection and be held to the same standard of
92.14 liability as a political subdivision under chapter 466 for
92.15 activities associated with the administration, design,
92.16 construction, maintenance, and grooming of snowmobile trails.
92.17 (b) Recipients of Minnesota trail assistance program funds
92.18 who maintain ice trails on waters of Voyageurs National Park are
92.19 expressly immune from liability under section 466.03,
92.20 subdivision 6e.
92.21 Sec. 68. Minnesota Statutes 1998, section 84.86,
92.22 subdivision 1, is amended to read:
92.23 Subdivision 1. With a view of achieving maximum use of
92.24 snowmobiles consistent with protection of the environment the
92.25 commissioner of natural resources shall adopt rules in the
92.26 manner provided by chapter 14, for the following purposes:
92.27 (1) Registration of snowmobiles and display of registration
92.28 numbers.
92.29 (2) Use of snowmobiles insofar as game and fish resources
92.30 are affected.
92.31 (3) Use of snowmobiles on public lands and waters, or on
92.32 grant-in-aid trails, including, but not limited to, the use of
92.33 specified metal traction devices and nonmetal traction devices.
92.34 (4) Uniform signs to be used by the state, counties, and
92.35 cities, which are necessary or desirable to control, direct, or
92.36 regulate the operation and use of snowmobiles.
93.1 (5) Specifications relating to snowmobile mufflers.
93.2 (6) A comprehensive snowmobile information and safety
93.3 education and training program, including but not limited to the
93.4 preparation and dissemination of snowmobile information and
93.5 safety advice to the public, the training of snowmobile
93.6 operators, and the issuance of snowmobile safety certificates to
93.7 snowmobile operators who successfully complete the snowmobile
93.8 safety education and training course. For the purpose of
93.9 administering such program and to defray a portion of the
93.10 expenses of training and certifying snowmobile operators, the
93.11 commissioner shall collect a fee of not to exceed $5 from each
93.12 person who receives the youth and young adult training and a fee
93.13 established under chapter 16A from each person who receives or
93.14 the adult training. The commissioner shall establish a fee that
93.15 neither significantly over recovers nor under recovers costs,
93.16 including overhead costs, involved in providing the services.
93.17 The fee is not subject to the rulemaking provisions of chapter
93.18 14 and section 14.386 does not apply. The commissioner shall
93.19 deposit the fee in the snowmobile trails and enforcement account
93.20 and the amount thereof is appropriated annually to the
93.21 commissioner of natural resources for the administration of such
93.22 programs. The commissioner shall cooperate with private
93.23 organizations and associations, private and public corporations,
93.24 and local governmental units in furtherance of the program
93.25 established under this clause. The commissioner shall consult
93.26 with the commissioner of public safety in regard to training
93.27 program subject matter and performance testing that leads to the
93.28 certification of snowmobile operators.
93.29 (7) The operator of any snowmobile involved in an accident
93.30 resulting in injury requiring medical attention or
93.31 hospitalization to or death of any person or total damage to an
93.32 extent of $500 or more, shall forward a written report of the
93.33 accident to the commissioner on such form as the commissioner
93.34 shall prescribe. If the operator is killed or is unable to file
93.35 a report due to incapacitation, any peace officer investigating
93.36 the accident shall file the accident report within ten business
94.1 days.
94.2 Sec. 69. Minnesota Statutes 1998, section 84.862,
94.3 subdivision 1, is amended to read:
94.4 Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY TRAINING.]
94.5 Effective October 1, 1998, any resident born after December 31,
94.6 1979, who operates a snowmobile in Minnesota, must possess a
94.7 valid snowmobile safety certificate or a driver's license or
94.8 identification card with a valid snowmobile qualification
94.9 indicator issued under section 171.07, subdivision 12. The
94.10 certificate or qualification indicator may only be issued upon
94.11 successful completion of the a course authorized under section
94.12 84.86 or 84.862, subdivision 2, if the person is 16 years of age
94.13 or older.
94.14 Sec. 70. Minnesota Statutes 1998, section 84.862,
94.15 subdivision 2, is amended to read:
94.16 Subd. 2. [ADULT SAFETY TRAINING.] Effective October 1,
94.17 2002, any resident born after December 31, 1976, and before
94.18 December 31, 1983, who operates a snowmobile in Minnesota, must
94.19 possess a valid operator's permit or driver's license or
94.20 identification card with a valid snowmobile qualification
94.21 indicator issued under section 171.07, subdivision 12, showing
94.22 successful completion of a safety course designed for adults or
94.23 persons 16 years of age or older. Whenever possible, the course
94.24 shall include a riding component that stresses stopping
94.25 distances.
94.26 Sec. 71. [84.8713] [METAL TRACTION DEVICE STICKER.]
94.27 Subdivision 1. [STICKER REQUIRED; FEE.] (a) An owner of a
94.28 snowmobile registered in the state may not operate the
94.29 snowmobile with a track equipped with metal traction devices
94.30 unless a metal traction device sticker is affixed to the
94.31 snowmobile. The commissioner shall issue a metal traction
94.32 device sticker upon application and payment of a $15 fee. The
94.33 sticker is valid for one year following June 30 in the year it
94.34 is issued.
94.35 (b) The requirements in paragraph (a) do not apply to
94.36 snowmobiles owned, leased, or operated by the state or a
95.1 political subdivision, or to snowmobiles used in an organized
95.2 race, so long as they do not utilize a paved public trail,
95.3 except as otherwise provided in this chapter.
95.4 (c) Fees collected under this section shall be deposited in
95.5 the state treasury and credited to the snowmobile trails and
95.6 enforcement account in the natural resources fund. Money
95.7 deposited under this section is appropriated to the commissioner
95.8 and must be used for repair of paved public trails, unless a
95.9 trail is exempted by local authorities under section 84.8712,
95.10 except that any money not necessary for this purpose may be used
95.11 for the grant-in-aid snowmobile trail system and for the
95.12 development and construction of nonpaved alternate snowmobile
95.13 trails adjacent to paved trails. The commissioner must reserve
95.14 an appropriate portion of the revenue received under this
95.15 section for grants to local units of government. A local unit
95.16 of government with jurisdiction over paved public trails may
95.17 apply to the commissioner for a grant from funds received under
95.18 this section for the repair of a paved trail damaged by metal
95.19 traction devices.
95.20 Subd. 2. [PLACEMENT OF STICKER.] The metal traction device
95.21 sticker must be permanently affixed to the forward half of the
95.22 snowmobile and clearly visible to law enforcement authorities.
95.23 Subd. 3. [LICENSE AGENTS.] The commissioner shall sell
95.24 metal traction device stickers for a $1 issuance fee through the
95.25 process established under section 84.82, subdivision 2.
95.26 Subd. 4. [DUPLICATE METAL TRACTION DEVICE STICKERS.] The
95.27 commissioner or an authorized deputy registrar of motor vehicles
95.28 shall issue a duplicate metal traction device sticker to a
95.29 person whose sticker is lost or destroyed. A duplicate sticker
95.30 may not be issued unless the applicant takes an oath covering
95.31 the facts of loss or destruction of the sticker and signs an
95.32 affidavit. The fee for a duplicate metal traction device
95.33 sticker is $2, with an issuing fee of 50 cents.
95.34 Subd. 5. [EXPIRATION.] This section expires on July 1,
95.35 2004.
95.36 Sec. 72. Minnesota Statutes 1998, section 84.872,
96.1 subdivision 1, is amended to read:
96.2 Subdivision 1. [RESTRICTIONS ON OPERATION.] (a)
96.3 Notwithstanding anything in section 84.87 to the contrary, no
96.4 person under 14 years of age shall make a direct crossing of a
96.5 trunk, county state-aid, or county highway as the operator of a
96.6 snowmobile, or operate a snowmobile upon a street or highway
96.7 within a municipality.
96.8 A person 14 years of age or older, but less than 18 years
96.9 of age, may make a direct crossing of a trunk, county state-aid,
96.10 or county highway only if the person has in immediate possession
96.11 a valid snowmobile safety certificate issued by the commissioner
96.12 or a valid motor vehicle operator's driver's license issued by
96.13 the commissioner of public safety or the driver's license
96.14 authority of another state or identification card with a valid
96.15 snowmobile qualification indicator issued under section 171.07,
96.16 subdivision 12.
96.17 (b) Notwithstanding section 84.862, no person under the age
96.18 of 14 years shall operate a snowmobile on any public land,
96.19 public easements, or water or grant-in-aid trail unless
96.20 accompanied by one of the following listed persons on the same
96.21 or an accompanying snowmobile, or on a device towed by the same
96.22 or an accompanying snowmobile: the person's parent, legal
96.23 guardian, or other person 18 years of age or older designated by
96.24 the parent or guardian. However, a person 12 years of age or
96.25 older but under the age of 14 years may operate a snowmobile on
96.26 public lands, public easements, and waters or a grant-in-aid
96.27 trail if the person has in immediate possession a valid
96.28 snowmobile safety certificate issued by the commissioner or an
96.29 identification card with a valid snowmobile qualification
96.30 indicator issued under section 171.07, subdivision 12.
96.31 Sec. 73. Minnesota Statutes 1998, section 84.91,
96.32 subdivision 1, is amended to read:
96.33 Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other
96.34 person having charge or control of any snowmobile or all-terrain
96.35 vehicle shall authorize or permit any individual the person
96.36 knows or has reason to believe is under the influence of alcohol
97.1 or a controlled substance or other substance to operate the
97.2 snowmobile or all-terrain vehicle anywhere in this state or on
97.3 the ice of any boundary water of this state.
97.4 (b) No owner or other person having charge or control of
97.5 any snowmobile or all-terrain vehicle shall knowingly authorize
97.6 or permit any person, who by reason of any physical or mental
97.7 disability is incapable of operating the vehicle, to operate the
97.8 snowmobile or all-terrain vehicle anywhere in this state or on
97.9 the ice of any boundary water of this state.
97.10 (c) A person who operates or is in physical control of a
97.11 snowmobile or all-terrain vehicle anywhere in this state or on
97.12 the ice of any boundary water of this state is subject to
97.13 sections 169.121 to 169.1218 and 169.123 to 169.129. In
97.14 addition to the applicable sanctions under chapter 169, a person
97.15 who is convicted of violating section 169.121 while operating a
97.16 snowmobile or all-terrain vehicle, or who refuses to comply with
97.17 a lawful request to submit to testing under section 169.123,
97.18 shall be prohibited from operating the snowmobile or all-terrain
97.19 vehicle for a period of one year. The commissioner shall notify
97.20 the convicted person of the period during which the person is
97.21 prohibited from operating a snowmobile or all-terrain vehicle.
97.22 (d) Administrative and judicial review of the operating
97.23 privileges prohibition is governed by section 97B.066,
97.24 subdivisions 7 to 9, if the person does not have a prior
97.25 impaired driving conviction or prior license revocation, as
97.26 defined in section 169.121, subdivision 3. Otherwise,
97.27 administrative and judicial review of the prohibition is
97.28 governed by section 169.123.
97.29 (e) The court shall promptly forward to the commissioner
97.30 and the department of public safety copies of all convictions
97.31 and criminal and civil sanctions imposed under this section and
97.32 chapter 169 relating to snowmobiles and all-terrain vehicles.
97.33 (f) A person who violates paragraph (a) or (b), or an
97.34 ordinance in conformity with either of them, is guilty of a
97.35 misdemeanor. A person who operates a snowmobile or all-terrain
97.36 vehicle during the period the person is prohibited from
98.1 operating a vehicle under paragraph (c) is guilty of a
98.2 misdemeanor.
98.3 Sec. 74. Minnesota Statutes 1998, section 84.98,
98.4 subdivision 6, is amended to read:
98.5 Subd. 6. [FEES.] The commissioner may charge a fee for any
98.6 service performed by the Minnesota conservation corps. Fees
98.7 collected under this subdivision shall be deposited in a special
98.8 revenue fund and are appropriated to the commissioner for
98.9 Minnesota conservation corps projects and administration.
98.10 Sec. 75. [ADDING LAND TO BLUE MOUNDS STATE PARK.]
98.11 [85.012] [Subd. 8.] The following area is added to Blue
98.12 Mounds state park: That part of the Northeast Quarter of the
98.13 Southwest Quarter and the Southeast Quarter of the Northwest
98.14 Quarter of Section 13, Township 103 North, Range 45 West, Rock
98.15 County, described as follows: Commencing at the southwest
98.16 corner of said Northeast Quarter of the Southwest Quarter;
98.17 thence on an assumed bearing of South 89 degrees 36 minutes 41
98.18 seconds East along the south line of said Northeast Quarter of
98.19 the Southwest Quarter 165.00 feet to the point of beginning;
98.20 thence North 00 degrees 17 minutes 27 seconds West parallel with
98.21 the west line of said section 1438.74 feet to an iron stake with
98.22 DNR caps; thence South 88 degrees 57 minutes 33 seconds East
98.23 along an existing fence line 42.15 feet; thence South 00 degrees
98.24 30 minutes 38 seconds West along an existing fence line 1438.16
98.25 feet to the south line of said Northeast Quarter of the
98.26 Southwest Quarter; thence North 89 degrees 36 minutes 41 seconds
98.27 West along said south line 22.02 feet to the point of beginning.
98.28 Sec. 76. [85.013] [Subd. 12a.] [IRON RANGE OFF-HIGHWAY
98.29 VEHICLE RECREATION AREA, ST. LOUIS COUNTY.]
98.30 Subdivision 1. [ADDITIONS TO IRON RANGE OFF-HIGHWAY
98.31 VEHICLE RECREATION AREA, ST. LOUIS COUNTY.] The following areas
98.32 are added to the Iron Range off-highway vehicle recreation area,
98.33 all in St. Louis county:
98.34 (1) Section 2, Township 58 North, Range 17 West, EXCEPT:
98.35 the East Half; the North Half of the Northwest Quarter; and the
98.36 Southeast Quarter of the Northwest Quarter;
99.1 (2) Section 3, Township 58 North, Range 17 West, EXCEPT:
99.2 the Southeast Quarter; the North Half of the Northeast Quarter;
99.3 the North Half of the Northwest Quarter; the Southwest Quarter
99.4 of the Northwest Quarter; and the Northwest Quarter of the
99.5 Southwest Quarter;
99.6 (3) Section 4, Township 58 North, Range 17 West, EXCEPT:
99.7 the West Half; the Northeast Quarter; the North Half of the
99.8 Southeast Quarter; and the Southwest Quarter of the Southeast
99.9 Quarter;
99.10 (4) Section 8, Township 58 North, Range 17 West, EXCEPT:
99.11 the West Half; the West Half of the Southeast Quarter; and the
99.12 West Half of the Northeast Quarter;
99.13 (5) Section 9, Township 58 North, Range 17 West;
99.14 (6) Section 11, Township 58 North, Range 17 West, EXCEPT:
99.15 the West Half of the Northwest Quarter; and the Northwest
99.16 Quarter of the Southwest Quarter;
99.17 (7) Section 14, Township 58 North, Range 17 West, EXCEPT:
99.18 the East Half;
99.19 (8) Section 15, Township 58 North, Range 17 West, lying
99.20 North of the DM&IR grade, EXCEPT: the Southwest Quarter; and
99.21 the South Half of the Northwest Quarter;
99.22 (9) Section 16, Township 58 North, Range 17 West, lying
99.23 North of county road 921, EXCEPT: the East Half of the
99.24 Southeast Quarter, lying North of the DM&IR grade;
99.25 (10) Section 22, Township 58 North, Range 17 West, lying
99.26 North of the DM&IR grade; and
99.27 (11) Section 23, Township 58 North, Range 17 West, a 100
99.28 foot corridor of the Mesabi Trail as located between the west
99.29 line of said Section 23 and Minnesota trunk highway No. 135.
99.30 Subd. 2. [ADVISORY COMMITTEE; ADDING MEMBERS.] The
99.31 advisory committee created under Laws 1996, chapter 407, section
99.32 32, subdivision 4, shall continue to provide direction on the
99.33 planning, development, and operation of the Iron Range
99.34 off-highway vehicle recreation area, including the land added
99.35 under subdivision 1. The following members are added to the
99.36 advisory committee:
100.1 (1) a representative of the city council of Gilbert; and
100.2 (2) a representative of the city council of Virginia.
100.3 Subd. 3. [MINING.] The commissioner shall recognize the
100.4 possibility that mining, including, but not limited, to taconite
100.5 and iron ore, may be conducted in the future within the Iron
100.6 Range off-highway vehicle area and that use of portions of the
100.7 surface estate and control of the flowage of water may be
100.8 necessary for future mining operations.
100.9 Subd. 4. [MANAGEMENT PLAN.] The commissioner of natural
100.10 resources and the local area advisory committee shall
100.11 cooperatively develop a separate comprehensive management plan
100.12 for the land added to the Iron Range off-highway vehicle
100.13 recreation area under subdivision 1. The management plan shall
100.14 provide for:
100.15 (1) multiple use recreation for off-highway vehicles;
100.16 (2) protection of natural resources;
100.17 (3) limited timber management;
100.18 (4) mineral exploration and mining management;
100.19 (5) land acquisition needs;
100.20 (6) road and facility development; and
100.21 (7) trail and road connections between the land added under
100.22 subdivision 1 and the land added by Laws 1996, chapter 407,
100.23 section 32, subdivision 6.
100.24 The completed management plan, together with the management
100.25 plan completed under Laws 1996, chapter 407, section 32,
100.26 subdivision 5, shall serve as the master plan for the Iron Range
100.27 off-highway vehicle recreation area under Minnesota Statutes,
100.28 section 86A.09.
100.29 Subd. 5. [APPLICABILITY OF OTHER LAW.] Except as otherwise
100.30 provided by subdivisions 2 and 3, the provisions of Laws 1996,
100.31 chapter 407, section 32, apply to the land added to the Iron
100.32 Range off-highway vehicle recreation area under subdivision 1.
100.33 Sec. 77. Minnesota Statutes 1998, section 85.015, is
100.34 amended by adding a subdivision to read:
100.35 Subd. 21. [GITCHI-GAMI TRAIL, LAKE AND COOK COUNTIES.] (a)
100.36 The trail shall originate in the city of Two Harbors and shall
101.1 extend in a northeasterly direction along the shore of Lake
101.2 Superior, running parallel to state highway 61 to the city of
101.3 Grand Marais.
101.4 (b) The trail shall be developed primarily for hiking and
101.5 bicycling.
101.6 Sec. 78. Minnesota Statutes 1998, section 85.019,
101.7 subdivision 2, is amended to read:
101.8 Subd. 2. [PARKS AND OUTDOOR RECREATION AREAS.] The
101.9 commissioner shall administer a program to provide grants to
101.10 units of government for up to 50 percent of the costs or
101.11 $50,000, whichever is less, of acquisition and betterment of
101.12 public land and improvements needed for parks and other outdoor
101.13 recreation areas and facilities.
101.14 Sec. 79. Minnesota Statutes 1998, section 85.019, is
101.15 amended by adding a subdivision to read:
101.16 Subd. 4b. [REGIONAL TRAILS.] The commissioner shall
101.17 administer a program to provide grants to units of government
101.18 for up to 50 percent of the costs of acquisition and betterment
101.19 of public land and improvements needed for trails deemed to be
101.20 of regional significance according to criteria published by the
101.21 commissioner. If land used for the trails is not in full public
101.22 ownership, then the recipients must prove it is dedicated to the
101.23 purposes of the grants for at least 20 years.
101.24 Sec. 80. Minnesota Statutes 1998, section 85.019, is
101.25 amended by adding a subdivision to read:
101.26 Subd. 4c. [LOCAL TRAIL CONNECTIONS.] The commissioner
101.27 shall administer a program to provide grants to units of
101.28 government for up to 50 percent of the costs of acquisition and
101.29 betterment of public land and improvements needed for trails
101.30 that connect communities, trails, and parks and thereby increase
101.31 the effective length of trail experiences. If land used for the
101.32 trails is not in full public ownership, then the recipients must
101.33 prove it is dedicated to the purposes of the grants for at least
101.34 20 years.
101.35 Sec. 81. Minnesota Statutes 1998, section 85.40,
101.36 subdivision 5, is amended to read:
102.1 Subd. 5. [CROSS-COUNTRY SKI TRAIL.] "Cross-country ski
102.2 trail" means a public pathway designated and promoted for cross
102.3 country skiing, excluding trails that have not received state
102.4 acquisition or betterment funds for recreational purposes in
102.5 state parks as defined in section 85.012, on state forest lands
102.6 as defined in section 89.001, on state trails as defined in
102.7 section 85.015, on elements of the regional recreation open
102.8 space system as defined in section 473.147, or on trails within
102.9 the cross-country ski grant-in-aid program as defined in section
102.10 85.44.
102.11 Sec. 82. Minnesota Statutes 1998, section 85.41,
102.12 subdivision 1, is amended to read:
102.13 Subdivision 1. [ON PERSON.] While skiing on cross-country
102.14 ski trails, a person between the ages of 16 and 64 years age 16
102.15 and over shall carry in immediate possession a valid, signed
102.16 cross-country ski pass. A landowner who grants an easement for
102.17 a grant-in-aid ski trail is not required to have a pass when
102.18 skiing on the landowner's property.
102.19 Sec. 83. Minnesota Statutes 1998, section 85.41,
102.20 subdivision 4, is amended to read:
102.21 Subd. 4. [FORM.] The department shall provide forms and
102.22 blanks to all agents authorized to issue passes by the
102.23 commissioner. The pass shall be with the skier and available
102.24 for inspection by any peace or conservation officer. The pass
102.25 shall include the applicant's name signature and other
102.26 information deemed necessary by the commissioner.
102.27 Sec. 84. Minnesota Statutes 1998, section 85.41,
102.28 subdivision 5, is amended to read:
102.29 Subd. 5. [AGENT'S ISSUING FEE.] The fee for a
102.30 cross-country ski pass shall be increased by the amount of an
102.31 issuing fee of 50 cents $1 per pass. The issuing fee may shall
102.32 be retained by the seller of the pass. A pass shall indicate
102.33 the amount of the fee that is retained by the seller. This
102.34 subdivision does not apply to any pass sold by the state.
102.35 Sec. 85. Minnesota Statutes 1998, section 85.42, is
102.36 amended to read:
103.1 85.42 [USER FEE; VALIDITY.]
103.2 (a) The fee for an annual cross-country ski pass is $5 for
103.3 an individual pass or $7.50 for a combination husband and wife
103.4 pass $9 for an individual age 16 and over. The fee for a
103.5 three-year pass is $14 for an individual pass or $21 for a
103.6 combination husband and wife pass $24 for an individual age 16
103.7 and over. This fee shall be collected at the time the pass is
103.8 purchased. Three-year passes are valid for three years
103.9 beginning the previous July 1. Annual passes are valid for one
103.10 year beginning the previous July 1. Passes are not transferable.
103.11 (b) The cost for a daily cross-country skier pass is $1 $2
103.12 for an individual age 16 and over. This fee shall be collected
103.13 at the time the pass is purchased. The daily pass is valid only
103.14 for the date designated on the pass form.
103.15 (c) A pass must be signed by the skier across the front of
103.16 the pass to be valid and becomes nontransferable on signing.
103.17 Sec. 86. Minnesota Statutes 1998, section 85.44, is
103.18 amended to read:
103.19 85.44 [CROSS-COUNTRY SKI TRAIL GRANT-IN-AID PROGRAM.]
103.20 The commissioner shall establish a grant-in-aid program for
103.21 local units of government and special park districts for the
103.22 acquisition, development, and maintenance of cross-country ski
103.23 trails. Grants shall be available for acquisition of trail
103.24 easements but may not be used to acquire any lands in fee
103.25 title. Local units of government and special park districts
103.26 applying for and receiving grants under this section shall be
103.27 considered to have cross-country ski trails for one year
103.28 following the expiration of their last grant. The department
103.29 shall reimburse all public sponsors of grants-in-aid
103.30 cross-country ski trails based upon criteria established by the
103.31 department. Prior to the use of any reimbursement criteria, a
103.32 certain proportion of the revenues shall be allocated on the
103.33 basis of user fee sales location.
103.34 Sec. 87. Minnesota Statutes 1998, section 85.45,
103.35 subdivision 1, is amended to read:
103.36 Subdivision 1. [SKIING WITHOUT PASS.] No person may ski on
104.1 a public cross-country ski trail, including a grant-in-aid
104.2 cross-country ski trail, without a valid, signed cross-country
104.3 ski pass. Effective July 1, 1984, Any person who violates this
104.4 subdivision is guilty of a petty misdemeanor.
104.5 Sec. 88. Minnesota Statutes 1998, section 88.067, is
104.6 amended to read:
104.7 88.067 [TRAINING OF GRANTS TO LOCAL FIRE DEPARTMENTS.]
104.8 The commissioner may make grants for procurement of fire
104.9 suppression equipment and training of fire departments in
104.10 techniques of fire control that. These grants will enable them
104.11 local fire departments to assist the state more effectively in
104.12 controlling wildfires. The commissioner may require a local
104.13 match for any grant. Fire suppression equipment may include,
104.14 but is not limited to, fire suppression tools and equipment,
104.15 protective clothing, dry hydrants, communications equipment, and
104.16 conversion of vehicles to wildfire suppression vehicles.
104.17 Training shall be provided to the extent practicable in
104.18 coordination with other public agencies with training and
104.19 educational responsibilities.
104.20 Sec. 89. Minnesota Statutes 1998, section 89A.01, is
104.21 amended by adding a subdivision to read:
104.22 Subd. 10a. [PEER REVIEW.] "Peer review" means a
104.23 scientifically based review conducted by individuals with
104.24 substantial knowledge and experience in the subject matter.
104.25 Sec. 90. Minnesota Statutes 1998, section 89A.02, is
104.26 amended to read:
104.27 89A.02 [POLICY.]
104.28 It is the policy of the state to:
104.29 (1) pursue the sustainable management, use, and protection
104.30 of the state's forest resources to achieve the state's economic,
104.31 environmental, and social goals;
104.32 (2) encourage cooperation and collaboration between public
104.33 and private sectors in the management of the state's forest
104.34 resources;
104.35 (3) recognize and consider forest resource issues,
104.36 concerns, and impacts at the site and landscape levels; and
105.1 (4) recognize the broad array of perspectives regarding the
105.2 management, use, and protection of the state's forest resources,
105.3 and establish processes and mechanisms that seek and incorporate
105.4 these perspectives in the planning and management of the state's
105.5 forest resources.
105.6 Nothing in this chapter abolishes, repeals, or negates any
105.7 existing authorities, policies, programs, or activities of the
105.8 commissioner or other statutory authorities related to managing
105.9 and protecting the state's forest resources.
105.10 Sec. 91. Minnesota Statutes 1998, section 89A.03, is
105.11 amended to read:
105.12 89A.03 [MINNESOTA FOREST RESOURCES COUNCIL.]
105.13 Subdivision 1. [MEMBERSHIP.] The Minnesota forest
105.14 resources council has 13 members appointed by the governor and
105.15 one member appointed by the Indian affairs council. The
105.16 governor must appoint a chair and 15 other members to the
105.17 Minnesota forest resources council. The Indian affairs council
105.18 will appoint one additional member. When making appointments to
105.19 the council, the governor must appoint knowledgeable individuals
105.20 with an understanding of state forest resource issues who fairly
105.21 reflect a balance of the various interests in the sustainable
105.22 management, use, and protection of the state's forest resources
105.23 in order to achieve the purpose and policies specified in
105.24 section 89A.02, and subdivision 2 of this section. The council
105.25 membership appointed by the governor must include the following
105.26 individuals:
105.27 (1) a representative two representatives from an
105.28 organization organizations representing environmental interests
105.29 within the state;
105.30 (2) a representative from an organization representing the
105.31 interests of management of game species;
105.32 (3) a representative from a conservation organization;
105.33 (4) a representative from an association representing
105.34 forest products industry within the state;
105.35 (5) a commercial logging contractor active in a forest
105.36 product association;
106.1 (6) a representative from a statewide association
106.2 representing the resort and tourism industry;
106.3 (7) a faculty or researcher of a Minnesota research or
106.4 higher educational institution;
106.5 (8) an owner of nonindustrial, private forest land of 40
106.6 acres or more;
106.7 (9) an agricultural woodlot owner owner of nonindustrial,
106.8 private forest land;
106.9 (10) a representative from the department;
106.10 (11) a county land commissioner who is a member of the
106.11 Minnesota association of county land commissioners;
106.12 (12) a representative from the United States Forest Service
106.13 unit with land management responsibility in Minnesota; and
106.14 (13) a representative from a labor organization with
106.15 membership having an interest in forest resource issues;
106.16 (14) an individual representing a secondary wood products
106.17 manufacturing organization; and
106.18 (15) a chair.
106.19 Subd. 2. [PURPOSE.] The council shall must develop
106.20 recommendations to the governor and to federal, state, county,
106.21 and local governments with respect to forest resource policies
106.22 and practices that result in the sustainable management, use,
106.23 and protection of the state's forest resources. The policies
106.24 and practices must:
106.25 (1) acknowledge the interactions of complex sustainable
106.26 forest resources, multiple ownership patterns, and local to
106.27 international economic forces;
106.28 (2) give equal consideration to the long-term economic,
106.29 ecological, and social needs and limits of the state's forest
106.30 resources;
106.31 (3) foster the productivity of the state's forests to
106.32 provide a diversity of sustainable benefits at site-levels and
106.33 landscape-levels;
106.34 (4) enhance the ability of the state's forest resources to
106.35 provide future benefits and services;
106.36 (5) foster no net loss of forest land in Minnesota:
107.1 (6) encourage appropriate mixes of forest cover types and
107.2 age classes within landscapes to promote biological diversity
107.3 and viable forest-dependent fish and wildlife habitats;
107.4 (7) encourage collaboration and coordination with multiple
107.5 constituencies in planning and managing the state's forest
107.6 resources; and
107.7 (8) address the environmental impacts and their implement
107.8 mitigations as recommended in the generic environmental impact
107.9 statement on timber harvesting.
107.10 Subd. 3. [COUNCIL MEETINGS.] The council shall establish
107.11 procedures for conducting its meetings in accordance with
107.12 section 471.705 that include provisions for seeking and
107.13 incorporating public input. At a minimum, meetings of the
107.14 council and all of the committees, task forces, technical teams,
107.15 regional committees, and other groups the council may establish
107.16 must be conducted in accordance with section 471.705. Except
107.17 where prohibited by law, the council must establish additional
107.18 processes to broaden public involvement in all aspects of its
107.19 deliberations.
107.20 Subd. 4. [COUNCIL OFFICERS AND STAFF.] The council shall
107.21 elect a chair from among its members. The council may shall
107.22 employ an executive director and administrative assistant who
107.23 shall have the authority to employ staff. Technical expertise
107.24 that will enable the council to carry out its functions must be
107.25 provided to the council by those interests represented on the
107.26 council.
107.27 Subd. 5. [MEMBERSHIP REGULATION.] Terms, compensation,
107.28 nomination, appointment, and removal of council members are
107.29 governed by section 15.059. Section 15.059, subdivision 5, does
107.30 not govern the expiration date of the council.
107.31 Subd. 6. [REPORT.] By January 1, 1997, the council shall
107.32 prepare a report to the governor and legislature on the status
107.33 of the state's forest resources, and strategic directions to
107.34 provide for their management, use, and protection. Information
107.35 generated by the reporting requirements in this chapter must be
107.36 incorporated in the council's report. To the extent possible,
108.1 the council's report must also identify the activities and
108.2 accomplishments of various programs that directly affect the
108.3 state's forest resources. The council must report to the
108.4 governor and to the legislative committees and divisions with
108.5 jurisdiction over environment and natural resource policy and
108.6 finance by February 1 of each year. The report must describe
108.7 the progress and accomplishments made by the council during the
108.8 preceding year.
108.9 Subd. 7. [REVIEW OF FOREST RESOURCES PLAN AND ASSESSMENT.]
108.10 The council shall undertake a review of the forest resource
108.11 management plan and forest assessment requirements contained in
108.12 section 89.011, and report to the commissioner no later than
108.13 July 1, 1996, on the appropriateness and effectiveness of these
108.14 requirements, including recommendations for enhancing existing
108.15 forest resource planning processes. The council shall review
108.16 draft statewide and district forest resource planning documents,
108.17 and incorporate the findings, including any recommendation, of
108.18 such reviews in its biennial report specified in subdivision 6.
108.19 Sec. 92. Minnesota Statutes 1998, section 89A.04, is
108.20 amended to read:
108.21 89A.04 [PARTNERSHIP.]
108.22 It is the policy of the state to encourage forest
108.23 landowners, forest managers, and loggers to establish a
108.24 partnership in which the implementation of council
108.25 recommendations can occur in a timely and coordinated manner
108.26 across ownerships. The partnership shall serve as a forum for
108.27 discussing operational implementation issues and problem solving
108.28 related to forest resources management and planning concerns,
108.29 and be responsive to the recommendations of the council. This
108.30 partnership shall also actively foster collaboration and
108.31 coordination among forest managers and landowners in addressing
108.32 landscape-level operations and concerns. In fulfilling its
108.33 responsibilities as identified in this chapter, the council
108.34 shall seek input from and consult with the partnership may
108.35 advise the council. Nothing in this section shall imply extra
108.36 rights or influence for the partnership.
109.1 Sec. 93. Minnesota Statutes 1998, section 89A.05, is
109.2 amended to read:
109.3 89A.05 [TIMBER HARVESTING AND FOREST MANAGEMENT
109.4 GUIDELINES.]
109.5 Subdivision 1. [DEVELOPMENT.] The council shall coordinate
109.6 the development of comprehensive timber harvesting and forest
109.7 management guidelines. The guidelines must address the water,
109.8 air, soil, biotic, recreational, and aesthetic resources found
109.9 in forest ecosystems by focusing on those impacts commonly
109.10 associated with applying site-level forestry practices. The
109.11 guidelines must reflect a range of practical and sound practices
109.12 based on the best available scientific information, and be
109.13 integrated to minimize conflicting recommendations while being
109.14 easy to understand and implement. Best management practices
109.15 previously developed for forest management must be incorporated
109.16 into the guidelines. By June 30, 2003, the council
109.17 shall periodically review and, when if deemed necessary, update
109.18 the guidelines. Changes to the guidelines shall be peer
109.19 reviewed prior to final adoption by the council. By December
109.20 1999, the council must undertake a peer review of the
109.21 recommendations in the forest management guidelines adopted in
109.22 December 1998 for protecting forest riparian areas and seasonal
109.23 ponds.
109.24 Subd. 2. [ECONOMIC CONSIDERATIONS.] Before the
109.25 implementation of timber harvesting and forest management
109.26 guidelines, new site-level practices and landscape-level
109.27 programs, the council shall analyze the costs and benefits of
109.28 new site-level practices and landscape-level programs. When the
109.29 analysis concludes that new landscape-level programs and
109.30 site-level practices will result in adverse economic effects,
109.31 including decreased timber supply and negative effects on
109.32 tourism, opportunities to offset those effects must be
109.33 explored. The council shall also:
109.34 (1) identify and quantify forest and timberland acreages
109.35 that will no longer be available for harvest; and
109.36 (2) encourage public resource agencies to provide
110.1 sustainable, predictable supplies of high-quality forest
110.2 resource benefits, including timber supplies that are consistent
110.3 with their multiple mandates and diverse management objectives.
110.4 These benefits should be provided by public resource agencies in
110.5 proportion to their forest land's capability to do so.
110.6 Subd. 2a. [REVIEW.] In reviewing the guidelines, the
110.7 council must consider information from forest resources,
110.8 practices, compliance, and effectiveness monitoring programs of
110.9 the department. The council's recommendations relating to
110.10 revisions to the forest management guidelines must be subject to
110.11 peer reviewers appointed by the council. The council must
110.12 consider recommendations of peer reviewers prior to final
110.13 adoption of revisions to the guidelines.
110.14 Subd. 3. [APPLICATION.] The timber harvesting and forest
110.15 management guidelines are voluntary. Prior to their actual use,
110.16 the council shall must develop guideline implementation goals
110.17 for each major forest land ownership category. If the
110.18 information developed as a result of the forest resources,
110.19 practices, compliance, and effectiveness monitoring programs
110.20 established in section 89A.07 conducted by the department or
110.21 other information obtained by the council indicates the
110.22 implementation goals for the guidelines are not being met and
110.23 the council determines significant adverse impacts are
110.24 occurring, the council shall recommend to the governor
110.25 additional measures to address those impacts. The council shall
110.26 must incorporate the recommendations as part of the council's
110.27 biennial report required by section 89A.03, subdivision 6.
110.28 Subd. 4. [MONITORING RIPARIAN FORESTS.] The commissioner,
110.29 with program advice from the council, shall accelerate
110.30 monitoring the extent and condition of riparian forests, the
110.31 extent to which harvesting occurs within riparian management
110.32 zones and seasonal ponds, and the use and effectiveness of
110.33 timber harvesting and forest management guidelines applied in
110.34 riparian management zones and seasonal ponds. This information
110.35 shall, to the extent possible, be consistent with the monitoring
110.36 programs identified in section 89A.07. Information gathered on
111.1 riparian forests and timber harvesting in riparian management
111.2 zones and seasonal ponds as specified in this subdivision shall
111.3 be presented to the legislature by February 2001 and in
111.4 subsequent reports required in section 89A.03, subdivision 6.
111.5 Sec. 94. Minnesota Statutes 1998, section 89A.06, is
111.6 amended to read:
111.7 89A.06 [LANDSCAPE-LEVEL FOREST RESOURCE PLANNING AND
111.8 COORDINATION.]
111.9 Subdivision 1. [FRAMEWORK.] The council shall must
111.10 establish a framework that will enable long-range strategic
111.11 planning and landscape coordination to occur, to the extent
111.12 possible, across all forested regions of the state and across
111.13 all ownerships. The framework must include:
111.14 (1) identification of the landscapes within which
111.15 long-range strategic planning of forest resources can occur,
111.16 provided that the landscapes must be delineated based on broadly
111.17 defined ecological units and existing classification systems,
111.18 yet recognize existing political and administrative boundaries
111.19 and planning processes;
111.20 (2) a statement of principles and goals for landscape-based
111.21 forest resource planning; and
111.22 (3) identification of a general process by which
111.23 landscape-based forest resource planning can occur occurs,
111.24 provided that the process must give considerable latitude to
111.25 design planning processes that fit the unique needs and
111.26 resources of each landscape; reflect a balanced consideration of
111.27 the economic, social, and environmental conditions and needs of
111.28 each landscape; and interface and establish formats that are
111.29 compatible with other landscape-based forest resource plans.
111.30 Subd. 2. [REGIONAL FOREST RESOURCE COMMITTEES.] To foster
111.31 landscape-based forest resource planning, the council shall must
111.32 establish regional forest resource committees. The Each
111.33 regional committees must committee shall:
111.34 (1) include representative interests in a particular region
111.35 that are committed to and involved in landscape planning and
111.36 coordination activities;
112.1 (2) serve as a forum for landowners, managers, and
112.2 representative interests to discuss landscape forest resource
112.3 issues;
112.4 (3) identify and implement an open and public process
112.5 whereby landscape-based strategic planning of forest resources
112.6 can occur;
112.7 (4) integrate its report with existing public and private
112.8 landscape planning efforts in the region;
112.9 (5) facilitate landscape coordination between existing
112.10 regional landscape planning efforts of land managers, both
112.11 public and private;
112.12 (6) identify and facilitate opportunities for public
112.13 participation in existing landscape planning efforts in this
112.14 region;
112.15 (7) identify sustainable forest resource goals for the
112.16 landscape and strategies to achieve those goals; and
112.17 (5) (8) provide a regional perspective to the council with
112.18 respect to council activities.
112.19 Subd. 2a. [REGIONAL FOREST COMMITTEE REPORTING.] The
112.20 council must report annually on the activities and progress made
112.21 by the regional forest committees established under subdivision
112.22 2, including the following:
112.23 (1) by December 1, 1999, the regional committee for the
112.24 council's northeast landscape will complete the identification
112.25 of draft desired future outcomes, key issues, and strategies for
112.26 the landscape;
112.27 (2) by July 1, 2000, the council will complete assessments
112.28 for the council's north central and southeast landscape regions;
112.29 (3) by July 1, 2001, the regional committees for the north
112.30 central and southeast landscapes will complete draft desired
112.31 future outcomes, key issues, and strategies for their respective
112.32 landscapes; and
112.33 (4) the council will establish time lines for additional
112.34 regional landscape committees and activities as staffing and
112.35 funding allow.
112.36 Subd. 3. [REGIONAL COMMITTEE OFFICERS AND STAFF.] Each
113.1 regional committee shall elect a chair from among its
113.2 members The council chair may appoint a chair from the regional
113.3 committee participants. The council shall ensure must include
113.4 in its budget request sufficient resources for each regional
113.5 committees have sufficient staff resources committee to carry
113.6 out their its mission as defined in this section.
113.7 Subd. 4. [REPORT.] Each regional committee shall must
113.8 report to the council its work activities and accomplishments.
113.9 Sec. 95. Minnesota Statutes 1998, section 89A.07,
113.10 subdivision 3, is amended to read:
113.11 Subd. 3. [EFFECTIVENESS MONITORING.] The commissioner, in
113.12 cooperation with other research and land management
113.13 organizations, shall evaluate the effectiveness of practices to
113.14 mitigate impacts of timber harvesting and forest management
113.15 activities on the state's forest resources. The council shall
113.16 provide oversight and program direction for the development and
113.17 implementation of this monitoring program. The commissioner
113.18 shall report to the council on the effectiveness of these
113.19 practices.
113.20 Sec. 96. Minnesota Statutes 1998, section 89A.07,
113.21 subdivision 5, is amended to read:
113.22 Subd. 5. [CITIZEN CONCERNS.] The council shall facilitate
113.23 the establishment of a process to accept comments from the
113.24 public on negligent timber harvesting or forest management
113.25 practices. Comments must also be directed to the organization
113.26 administering the certification program.
113.27 Sec. 97. Minnesota Statutes 1998, section 89A.10, is
113.28 amended to read:
113.29 89A.10 [CONTINUING EDUCATION; CERTIFICATION.]
113.30 It is the policy of the state to encourage timber
113.31 harvesters and forest resource professionals to establish
113.32 voluntary certification and continuing education programs within
113.33 their respective professions that promote sustainable forest
113.34 management. The council shall, where appropriate, facilitate
113.35 the development of these programs.
113.36 Sec. 98. Minnesota Statutes 1998, section 92.45, is
114.1 amended to read:
114.2 92.45 [STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.]
114.3 All state lands bordering on or adjacent to meandered lakes
114.4 and other public waters and watercourses, with the live timber
114.5 growing on them, are withdrawn from sale except as provided in
114.6 this section. The commissioner of natural resources may sell
114.7 the timber as otherwise provided by law for cutting and removal
114.8 under conditions the commissioner prescribes. The conditions
114.9 must be in accordance with approved, sustained-yield forestry
114.10 practices. The commissioner must reserve the timber and impose
114.11 other conditions the commissioner deems necessary to protect
114.12 watersheds, wildlife habitat, shorelines, and scenic features.
114.13 Within the area in Cook, Lake, and St. Louis counties described
114.14 in the act of Congress approved July 10, 1930, (Statutes at
114.15 Large, volume 46, page 1020), the timber on state lands is
114.16 subject to restrictions like those now imposed by the act on
114.17 federal lands.
114.18 The following land is reserved for public travel: of all
114.19 land bordering on or adjacent to meandered lakes and other
114.20 public waters and watercourses and withdrawn from sale, a strip
114.21 two rods wide, the ordinary high-water mark being its waterside
114.22 boundary, and its landside boundary a line drawn parallel to the
114.23 ordinary high-water mark and two rods distant landward from it.
114.24 Wherever the conformation of the shore line or conditions
114.25 require, the commissioner must reserve a wider strip.
114.26 When a state agency or any other unit of government
114.27 requests the legislature to authorize the sale of state lands
114.28 bordering on or adjacent to meandered lakes and other public
114.29 waters and watercourses, the commissioner shall evaluate the
114.30 lands and their public benefits and make recommendations on the
114.31 proposed dispositions to the committees of the legislature with
114.32 jurisdiction over natural resources. The commissioner shall
114.33 include any recommendations of the commissioner for disposition
114.34 of lands withdrawn from sale under this section over which the
114.35 commissioner has jurisdiction. The commissioner's
114.36 recommendations may include a public sale, sale to a private
115.1 party, acquisition by the commissioner for public purposes,
115.2 retention of a conservation easement for shoreland preservation
115.3 by the commissioner under chapter 84C, or a cooperative
115.4 management agreement with, or transfer to, another unit of
115.5 government.
115.6 The commissioner may sell state lands bordering on or
115.7 adjacent to the Mississippi river or any lakes, waters, and
115.8 watercourses in its bottom lands, desired or needed by the
115.9 United States government for, or in connection with, any project
115.10 heretofore authorized by Congress, to improve navigation in the
115.11 Mississippi River at public sale according to law, as in other
115.12 cases, upon application by an authorized United States
115.13 official. The application must describe the land and include a
115.14 map showing its location with reference to adjoining properties.
115.15 Sec. 99. Minnesota Statutes 1998, section 92.46,
115.16 subdivision 1, is amended to read:
115.17 Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may
115.18 designate suitable portions of the state lands withdrawn from
115.19 sale and not reserved, as provided in section 92.45, as
115.20 permanent state public campgrounds. The director may have the
115.21 land surveyed and platted into lots of convenient size, and
115.22 lease them for cottage and camp purposes under terms and
115.23 conditions the director prescribes, subject to the provisions of
115.24 this section.
115.25 (b) A lease may not be for a term more than 20 years. The
115.26 lease may allow renewal, from time to time, for additional terms
115.27 of no longer than 20 years each. The lease may be canceled by
115.28 the commissioner 90 days after giving the person leasing the
115.29 land written notice of violation of lease conditions. The lease
115.30 rate shall be based on the appraised value of leased land as
115.31 determined by the commissioner of natural resources and shall be
115.32 adjusted by the commissioner at the fifth, tenth, and 15th
115.33 anniversary of the lease, if the appraised value has increased
115.34 or decreased. For leases that are renewed in 1991 and following
115.35 years, the lease rate shall be five percent of the appraised
115.36 value of the leased land. The appraised value shall be the
116.1 value of the leased land without any private improvements and
116.2 must be comparable to similar land without any improvements
116.3 within the same county. The minimum appraised value that the
116.4 commissioner assigns to the leased land must be substantially
116.5 equal to the county assessor's estimated market value of similar
116.6 land adjusted by the assessment/sales ratio as determined by the
116.7 department of revenue.
116.8 (c) By July 1, 1986, the commissioner of natural resources
116.9 shall adopt rules under chapter 14 to establish procedures for
116.10 leasing land under this section. The rules shall be subject to
116.11 review and approval by the commissioners of revenue and
116.12 administration prior to the initial publication pursuant to
116.13 chapter 14 and prior to their final adoption. The rules must
116.14 address at least the following:
116.15 (1) method of appraising the property; and
116.16 (2) an appeal procedure for both the appraised values and
116.17 lease rates.
116.18 (d) All money received from these leases must be credited
116.19 to the fund to which the proceeds of the land belong.
116.20 Notwithstanding section 16A.125 or any other law to the
116.21 contrary, 50 beginning in fiscal year 1999, 100 percent of the
116.22 money received from the lease of permanent school fund lands
116.23 leased pursuant to this subdivision must be credited to the
116.24 lakeshore leasing and sales account in the permanent school fund
116.25 and is appropriated for use to survey, appraise, and pay
116.26 associated selling and, leasing, or exchange costs of lots as
116.27 required in this section and Minnesota Statutes 1992, section
116.28 92.67, subdivision 3. The money may not be used to pay the cost
116.29 of surveying lots not scheduled for sale. Any money designated
116.30 for deposit in the permanent school fund that is not needed to
116.31 survey, appraise, and pay associated selling and, leasing, or
116.32 exchange costs of lots, as required in this section, shall be
116.33 deposited in the permanent school fund. The commissioner shall
116.34 add to the appraised value of any lot offered for sale or
116.35 exchange the costs of surveying, appraising, and selling
116.36 disposing of the lot, and shall first deposit into the permanent
117.1 school fund an amount equal to the costs of surveying,
117.2 appraising, and selling disposing of any lot paid out of the
117.3 permanent school fund. Any remaining money shall be deposited
117.4 into any other contributing funds in proportion to the
117.5 contribution from each fund. In no case may the commissioner
117.6 add to the appraised value of any lot offered for sale or
117.7 exchange an amount more than $700 for the actual contract
117.8 service costs of surveying and, appraising, and disposing of the
117.9 lot.
117.10 Sec. 100. Minnesota Statutes 1998, section 97A.075,
117.11 subdivision 1, is amended to read:
117.12 Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes
117.13 of this subdivision, "deer license" means a license issued under
117.14 section 97A.475, subdivisions 2, clauses (4), (5), and (9), and
117.15 3, clauses (2), (3), and (7), and licenses issued under section
117.16 97B.301, subdivision 4.
117.17 (b) At least $2 from each deer license shall be used for
117.18 deer habitat improvement or deer management programs.
117.19 (c) At least $1 from each deer license and each bear
117.20 license shall be used for deer and bear management programs,
117.21 including a computerized licensing system. Fifty cents from
117.22 each deer license is appropriated for emergency deer feeding.
117.23 Money appropriated for emergency deer feeding is available until
117.24 expended. When the unencumbered balance in the appropriation
117.25 for emergency deer feeding at the end of a fiscal year exceeds
117.26 $750,000 $1,500,000 for the first time, $750,000 is canceled to
117.27 the unappropriated balance of the game and fish fund and the
117.28 amount appropriated for emergency deer feeding is reduced to 25
117.29 cents from each deer license.
117.30 Thereafter, when the unencumbered balance in the
117.31 appropriation for emergency deer feeding exceeds $1,500,000 at
117.32 the end of a fiscal year, the unencumbered balance in excess of
117.33 $1,500,000 is canceled and available for deer and bear
117.34 management programs and computerized licensing.
117.35 Sec. 101. Minnesota Statutes 1998, section 97A.475,
117.36 subdivision 2, is amended to read:
118.1 Subd. 2. [RESIDENT HUNTING.] Fees for the following
118.2 licenses, to be issued to residents only, are:
118.3 (1) for persons under age 65 to take small game, $10 $13;
118.4 (2) for persons age 65 or over, $5 $6;
118.5 (3) to take turkey, $16 $18;
118.6 (4) to take deer with firearms, $22 $25;
118.7 (5) to take deer by archery, $22 $25;
118.8 (6) to take moose, for a party of not more than six
118.9 persons, $275 $310;
118.10 (7) to take bear, $33 $38;
118.11 (8) to take elk, for a party of not more than two persons,
118.12 $220 $250;
118.13 (9) to take antlered deer in more than one zone, $44 $50;
118.14 and
118.15 (10) to take Canada geese during a special season, $3 $4.
118.16 Sec. 102. Minnesota Statutes 1998, section 97A.475,
118.17 subdivision 3, is amended to read:
118.18 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following
118.19 licenses, to be issued to nonresidents, are:
118.20 (1) to take small game, $56 $73;
118.21 (2) to take deer with firearms, $110 $125;
118.22 (3) to take deer by archery, $110 $125;
118.23 (4) to take bear, $165 $195;
118.24 (5) to take turkey, $56 $73;
118.25 (6) to take raccoon, bobcat, fox, coyote, or
118.26 lynx, $137.50 $155;
118.27 (7) to take antlered deer in more than one zone, $220 $250;
118.28 and
118.29 (8) to take Canada geese during a special season, $3 $5.
118.30 Sec. 103. Minnesota Statutes 1998, section 97A.475,
118.31 subdivision 6, is amended to read:
118.32 Subd. 6. [RESIDENT FISHING.] Fees for the following
118.33 licenses, to be issued to residents only, are:
118.34 (1) to take fish by angling, for persons under age
118.35 65, $15 $16;
118.36 (2) to take fish by angling, for persons age 65 and over,
119.1 $5.50 $6.50;
119.2 (3) to take fish by angling, for a combined license for a
119.3 married couple, $20.50 $25;
119.4 (4) to take fish by spearing from a dark house, $15 $16;
119.5 and
119.6 (5) to take fish by angling for a 24-hour period selected
119.7 by the licensee, $8 $8.50.
119.8 Sec. 104. Minnesota Statutes 1998, section 97A.475,
119.9 subdivision 7, is amended to read:
119.10 Subd. 7. [NONRESIDENT FISHING.] Fees for the following
119.11 licenses, to be issued to nonresidents, are:
119.12 (1) to take fish by angling, $31 $37;
119.13 (2) to take fish by angling limited to seven consecutive
119.14 days selected by the licensee, $21.50 $26;
119.15 (3) to take fish by angling for a 72-hour period selected
119.16 by the licensee, $18 $21;
119.17 (4) to take fish by angling for a combined license for a
119.18 family, $41.50 $53;
119.19 (5) to take fish by angling for a 24-hour period selected
119.20 by the licensee, $8 $8.50; and
119.21 (6) to take fish by angling for a combined license for a
119.22 married couple, limited to 14 consecutive days selected by one
119.23 of the licensees, $32 $37.
119.24 Sec. 105. Minnesota Statutes 1998, section 97A.475,
119.25 subdivision 8, is amended to read:
119.26 Subd. 8. [MINNESOTA SPORTING.] The commissioner shall
119.27 issue Minnesota sporting licenses to residents only. The
119.28 licensee may take fish by angling and small game. The fee for
119.29 the license is:
119.30 (1) for an individual, $20 $24; and
119.31 (2) for a combined license for a married couple to take
119.32 fish and for one spouse to take small game, $27.50 $32.
119.33 Sec. 106. Minnesota Statutes 1998, section 97A.475,
119.34 subdivision 11, is amended to read:
119.35 Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees
119.36 for the following licenses are:
120.1 (1) for a fish house or dark house that is not
120.2 rented, $10 $11.50; and
120.3 (2) for a fish house or dark house that is rented, $23 $26.
120.4 Sec. 107. Minnesota Statutes 1998, section 97A.475,
120.5 subdivision 12, is amended to read:
120.6 Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house
120.7 licenses for a nonresident are:
120.8 (1) annual, $31.50 $33; and
120.9 (2) seven consecutive days, $18.50 $19.
120.10 Sec. 108. Minnesota Statutes 1998, section 97A.475,
120.11 subdivision 13, is amended to read:
120.12 Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL
120.13 CONSUMPTION.] The fee for a license to net whitefish and ciscoes
120.14 in inland lakes and international waters for personal
120.15 consumption is, for each net, $9 $10.
120.16 Sec. 109. Minnesota Statutes 1998, section 97A.475,
120.17 subdivision 20, is amended to read:
120.18 Subd. 20. [TRAPPING LICENSE.] The fee for a license to
120.19 trap fur-bearing animals is:
120.20 (1) for persons over age 13 and under age 18, $5.50 $7; and
120.21 (2) for persons age 18 and older, $18 $22.
120.22 Sec. 110. Minnesota Statutes 1998, section 97A.485,
120.23 subdivision 6, is amended to read:
120.24 Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a)
120.25 Persons authorized to sell licenses under this section must sell
120.26 the following licenses for the license fee and the following
120.27 issuing fees:
120.28 (1) to take deer or bear with firearms and by archery, the
120.29 issuing fee is $1 $1.50;
120.30 (2) Minnesota sporting, the issuing fee is $1 $1.50; and
120.31 (3) to take small game, for a person under age 65 to take
120.32 fish by angling or for a person of any age to take fish by
120.33 spearing, and to trap fur-bearing animals, the issuing fee is
120.34 $1 $1.50;
120.35 (4) for a trout and salmon stamp that is not issued
120.36 simultaneously with an angling or sporting license, an issuing
121.1 fee of 50 cents may be charged at the discretion of the
121.2 authorized seller; and
121.3 (5) for stamps other than a trout and salmon stamp, and for
121.4 a special season Canada goose license, there is no fee.
121.5 (b) An issuing fee may not be collected for issuance of a
121.6 trout and salmon stamp if a stamp is issued simultaneously with
121.7 the related angling or sporting license. Only one issuing fee
121.8 may be collected when selling more than one trout and salmon
121.9 stamp in the same transaction after the end of the season for
121.10 which the stamp was issued.
121.11 (c) The auditor or subagent shall keep the issuing fee as a
121.12 commission for selling the licenses.
121.13 (d) The commissioner shall collect the issuing fee on
121.14 licenses sold by the commissioner.
121.15 (e) A license, except stamps, must state the amount of the
121.16 issuing fee and that the issuing fee is kept by the seller as a
121.17 commission for selling the licenses.
121.18 (f) For duplicate licenses, the issuing fees are:
121.19 (1) for licenses to take big game, 75 cents; and
121.20 (2) for other licenses, 50 cents.
121.21 Sec. 111. Minnesota Statutes 1998, section 97A.485,
121.22 subdivision 12, is amended to read:
121.23 Subd. 12. [YOUTH DEER LICENSE.] The commissioner may, for
121.24 a fee of $5 $5.50, issue to a resident under the age of 16 a
121.25 license, without a tag, to take deer with firearms. A youth
121.26 holding a license issued under this subdivision may hunt under
121.27 the license only if accompanied by a licensed hunter who is at
121.28 least 18 years of age and possesses a valid tag. A deer taken
121.29 by a youth holding a license issued under this subdivision must
121.30 be promptly tagged by the licensed hunter accompanying the
121.31 youth. Section 97B.301, subdivision 6, does not apply to a
121.32 youth holding a license issued under this subdivision.
121.33 Sec. 112. Minnesota Statutes 1998, section 97B.020, is
121.34 amended to read:
121.35 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.]
121.36 Except as provided in this section, a person born after
122.1 December 31, 1979, may not obtain a license to take wild animals
122.2 by firearms. A person may obtain a hunting license if unless
122.3 the person has a firearms safety certificate or equivalent
122.4 certificate, driver's license or identification card with a
122.5 valid firearms safety qualification indicator issued under
122.6 section 171.07, subdivision 13, previous hunting license, or
122.7 other evidence indicating that the person has completed in this
122.8 state or in another state a hunter safety course recognized by
122.9 the department under a reciprocity agreement. A person who is
122.10 on active duty and has successfully completed basic training in
122.11 the United States armed forces, reserve component, or national
122.12 guard may obtain a hunting license or approval authorizing
122.13 hunting regardless of whether the person is issued a firearms
122.14 safety certificate.
122.15 Sec. 113. Minnesota Statutes 1998, section 103G.271,
122.16 subdivision 6, is amended to read:
122.17 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as
122.18 described in paragraphs (b) to (f), a water use permit
122.19 processing fee must be prescribed by the commissioner in
122.20 accordance with the following schedule of fees for each water
122.21 use permit in force at any time during the year:
122.22 (1) 0.05 cents per 1,000 gallons for the first 50,000,000
122.23 gallons per year;
122.24 (2) 0.10 cents per 1,000 gallons for amounts greater than
122.25 50,000,000 gallons but less than 100,000,000 gallons per year;
122.26 (3) 0.15 cents per 1,000 gallons for amounts greater than
122.27 100,000,000 gallons but less than 150,000,000 gallons per year;
122.28 (4) 0.20 cents per 1,000 gallons for amounts greater than
122.29 150,000,000 gallons but less than 200,000,000 gallons per year;
122.30 (5) 0.25 cents per 1,000 gallons for amounts greater than
122.31 200,000,000 gallons but less than 250,000,000 gallons per year;
122.32 (6) 0.30 cents per 1,000 gallons for amounts greater than
122.33 250,000,000 gallons but less than 300,000,000 gallons per year;
122.34 (7) 0.35 cents per 1,000 gallons for amounts greater than
122.35 300,000,000 gallons but less than 350,000,000 gallons per year;
122.36 (8) 0.40 cents per 1,000 gallons for amounts greater than
123.1 350,000,000 gallons but less than 400,000,000 gallons per year;
123.2 and
123.3 (9) 0.45 cents per 1,000 gallons for amounts greater than
123.4 400,000,000 gallons per year.
123.5 (b) For once-through cooling systems, a water use
123.6 processing fee must be prescribed by the commissioner in
123.7 accordance with the following schedule of fees for each water
123.8 use permit in force at any time during the year:
123.9 (1) for nonprofit corporations and school districts, 15.0
123.10 cents per 1,000 gallons; and
123.11 (2) for all other users, 20 cents per 1,000 gallons.
123.12 (c) The fee is payable based on the amount of water
123.13 appropriated during the year and, except as provided in
123.14 paragraph (f), the minimum fee is $50.
123.15 (d) For water use processing fees other than once-through
123.16 cooling systems:
123.17 (1) the fee for a city of the first class may not exceed
123.18 $175,000 per year;
123.19 (2) the fee for other entities for any permitted use may
123.20 not exceed:
123.21 (i) $35,000 per year for an entity holding three or fewer
123.22 permits;
123.23 (ii) $50,000 per year for an entity holding four or five
123.24 permits;
123.25 (iii) $175,000 per year for an entity holding more than
123.26 five permits;
123.27 (3) the fee for agricultural irrigation may not exceed $750
123.28 per year;
123.29 (4) the fee for a municipality that furnishes electric
123.30 service and cogenerates steam for home heating may not exceed
123.31 $10,000 for its permit for water use related to the cogeneration
123.32 of electricity and steam; and
123.33 (5) no fee is required for a project involving the
123.34 appropriation of surface water to prevent flood damage or to
123.35 remove flood waters during a period of flooding, as determined
123.36 by the commissioner.
124.1 (e) Failure to pay the fee is sufficient cause for revoking
124.2 a permit. A penalty of two percent per month calculated from
124.3 the original due date must be imposed on the unpaid balance of
124.4 fees remaining 30 days after the sending of a second notice of
124.5 fees due. A fee may not be imposed on an agency, as defined in
124.6 section 16B.01, subdivision 2, or federal governmental agency
124.7 holding a water appropriation permit.
124.8 (f) The minimum water use processing fee for a permit
124.9 issued for irrigation of agricultural land is $10 for years in
124.10 which:
124.11 (1) there is no appropriation of water under the permit; or
124.12 (2) the permit is suspended for more than seven consecutive
124.13 days between May 1 and October 1.
124.14 (g) For once-through systems fees payable after July 1,
124.15 1993, 75 percent of the fees must be credited to a special
124.16 account and are appropriated to the Minnesota public facilities
124.17 authority for loans under section 446A.21.
124.18 Sec. 114. [103G.705] [STREAM PROTECTION AND IMPROVEMENT
124.19 LOAN PROGRAM.]
124.20 Subdivision 1. [LOAN PROGRAM.] (a) A political subdivision
124.21 may apply to the commissioner on forms provided by the
124.22 commissioner for a loan for up to 90 percent of the total local
124.23 cost of a project to protect or improve a stream. The
124.24 commissioner shall apportion loans according to the potential
124.25 for prevention of immediate harm to the stream, the relative
124.26 need for maintenance or improvements, the date of the
124.27 application for the loan, and the availability of funds.
124.28 (b) By January 15 of each year, the commissioner must
124.29 provide the legislature with a list of all applications received
124.30 by the commissioner, the loan amounts requested, and a listing
124.31 and explanation of the disposition of the applications.
124.32 (c) The commissioner must make the loan to the political
124.33 subdivision in the amount determined by the commissioner and
124.34 under the terms specified in this section. Loans made under
124.35 this section do not require the approval of the electors of the
124.36 political subdivision as provided in section 475.58 and do not
125.1 constitute net debt for purposes of section 475.53 or any debt
125.2 limitation provision of any special law or city charter.
125.3 (d) A loan made under this section must be repaid without
125.4 interest over a period not to exceed ten years. The
125.5 commissioner may charge an annual administrative fee to the
125.6 political subdivision.
125.7 (e) A political subdivision receiving a loan made under
125.8 this section must levy for the loan repayment beginning in the
125.9 year the loan proceeds are received and succeeding years until
125.10 the loan and the associated administrative costs are repaid.
125.11 The levy must be for:
125.12 (1) the amount of the annual loan repayment and the
125.13 associated administrative costs; or
125.14 (2) the amount of the annual loan repayment and
125.15 administrative costs less the amount the political subdivision
125.16 certifies it has received from other sources for the loan
125.17 repayment.
125.18 Subd. 2. [STREAM PROTECTION AND IMPROVEMENT FUND.] There
125.19 is established in the state treasury a stream protection and
125.20 redevelopment fund. All repayments of loans made and
125.21 administrative fees assessed under subdivision 1 must be
125.22 deposited in this fund. Interest earned on money in the fund
125.23 accrues to the fund and money in the fund is appropriated to the
125.24 commissioner of natural resources for purposes of the stream
125.25 protection and redevelopment program, including costs incurred
125.26 by the commissioner to establish and administer the program.
125.27 Sec. 115. Minnesota Statutes 1998, section 115.55,
125.28 subdivision 5a, is amended to read:
125.29 Subd. 5a. [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a)
125.30 An inspection of an existing system must evaluate the criteria
125.31 in paragraphs (b) to (h) (j).
125.32 (b) If the inspector finds one or more of the following
125.33 conditions:
125.34 (1) sewage discharge to surface water;
125.35 (2) sewage discharge to ground surface;
125.36 (3) sewage backup; or
126.1 (4) any other situation with the potential to immediately
126.2 and adversely affect or threaten public health or safety,
126.3 then the system constitutes an imminent threat to public health
126.4 or safety and, if not repaired, must be upgraded, replaced, or
126.5 its use discontinued within ten months of receipt of the notice
126.6 described in subdivision 5b, or within a shorter period of time
126.7 if required by local ordinance.
126.8 (c) An existing system that has none of the conditions in
126.9 paragraph (b), and has at least two feet of soil separation need
126.10 not be upgraded, repaired, replaced, or its use discontinued,
126.11 notwithstanding any local ordinance that is more restrictive.
126.12 (d) Paragraph (c) does not apply to systems in shoreland
126.13 areas regulated under sections 103F.201 to 103F.221, wellhead
126.14 protection areas as defined in section 103I.005, or those used
126.15 in connection with food, beverage, and lodging establishments
126.16 regulated under chapter 157.
126.17 (e) If the local unit of government with jurisdiction over
126.18 the system has adopted an ordinance containing local standards
126.19 pursuant to subdivision 7, the existing system must comply with
126.20 the ordinance. If the system does not comply with the
126.21 ordinance, it must be upgraded, replaced, or its use
126.22 discontinued according to the ordinance.
126.23 (f) If a seepage pit, drywell, cesspool, or leaching pit
126.24 exists and the local unit of government with jurisdiction over
126.25 the system has not adopted local standards to the contrary, the
126.26 system is failing and must be upgraded, replaced, or its use
126.27 discontinued within the time required by subdivision 3 or local
126.28 ordinance.
126.29 (g) If the system fails to provide sufficient groundwater
126.30 protection, then the local unit of government or its agent shall
126.31 order that the system be upgraded, replaced, or its use
126.32 discontinued within the time required by rule or the local
126.33 ordinance.
126.34 (h) The authority to find a threat to public health under
126.35 section 145A.04, subdivision 8, is in addition to the authority
126.36 to make a finding under paragraphs (b) to (d).
127.1 (i) Local inspectors must use the standard inspection form
127.2 provided by the agency. The inspection information required by
127.3 local ordinance may be included as an attachment to the standard
127.4 form. The following language must appear on the standard form:
127.5 "If an existing system is not failing as defined in law, and has
127.6 at least two feet of design soil separation, then the system
127.7 need not be upgraded, repaired, replaced, or its use
127.8 discontinued, notwithstanding any local ordinance that is more
127.9 strict. This does not apply to systems in shoreland areas,
127.10 wellhead protection areas, or those used in connection with
127.11 food, beverage, and lodging establishments as defined in law."
127.12 (j) For the purposes of this subdivision, an "existing
127.13 system" means a functioning system installed prior to April 1,
127.14 1996.
127.15 Sec. 116. Minnesota Statutes 1998, section 115A.554, is
127.16 amended to read:
127.17 115A.554 [AUTHORITY OF SANITARY DISTRICTS.]
127.18 A sanitary district has the authorities and duties of
127.19 counties within the district's boundary for purposes of sections
127.20 115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551;
127.21 115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96,
127.22 subdivision 6; 115A.961; 116.072; 375.18, subdivision 14;
127.23 400.08; 400.16; and 400.161.
127.24 Sec. 117. Minnesota Statutes 1998, section 115A.908,
127.25 subdivision 2, is amended to read:
127.26 Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be
127.27 credited to the motor vehicle transfer account in the
127.28 environmental fund. As cash flow permits, the commissioner of
127.29 finance must transfer (1) $3,200,000 each fiscal year from the
127.30 motor vehicle transfer account to the environmental response,
127.31 compensation, and compliance account established in section
127.32 115B.20; and (2) $1,200,000 each fiscal year from the motor
127.33 vehicle transfer account to the general fund.
127.34 Sec. 118. Minnesota Statutes 1998, section 115A.918,
127.35 subdivision 1, is amended to read:
127.36 Subdivision 1. [SCOPE.] The definitions in this section
128.1 apply to this section and sections 115A.919 to 115A.929 115A.923.
128.2 Sec. 119. Minnesota Statutes 1998, section 115B.175,
128.3 subdivision 2, is amended to read:
128.4 Subd. 2. [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR
128.5 APPROVAL.] (a) The commissioner may approve a voluntary response
128.6 action plan submitted under this section that does not require
128.7 removal or remedy of all releases and threatened releases at an
128.8 identified area of real property if the commissioner determines
128.9 that all of the following criteria have been met:
128.10 (1) if reuse or development of the property is proposed,
128.11 the voluntary response action plan provides for all response
128.12 actions required to carry out the proposed reuse or development
128.13 in a manner that meets the same standards for protection that
128.14 apply to response actions taken or requested under section
128.15 115B.17, subdivision 1 or 2;
128.16 (2) the response actions and the activities associated with
128.17 any reuse or development proposed for the property will not
128.18 aggravate or contribute to releases or threatened releases that
128.19 are not required to be removed or remedied under the voluntary
128.20 response action plan, and will not interfere with or
128.21 substantially increase the cost of response actions to address
128.22 the remaining releases or threatened releases; and
128.23 (3) the owner of the property agrees to cooperate with the
128.24 commissioner or other persons acting at the direction of the
128.25 commissioner in taking response actions necessary to address
128.26 remaining releases or threatened releases, and to avoid any
128.27 action that interferes with the response actions.
128.28 (b) Under paragraph (a), clause (3), an owner may be
128.29 required to agree to any or all of the following terms necessary
128.30 to carry out response actions to address remaining releases or
128.31 threatened releases:
128.32 (1) to provide access to the property to the commissioner
128.33 and the commissioner's authorized representatives;
128.34 (2) to allow the commissioner, or persons acting at the
128.35 direction of the commissioner, to undertake reasonable and
128.36 necessary activities at the property including placement of
129.1 borings, wells, equipment, and structures on the property,
129.2 provided that the activities do not unreasonably interfere with
129.3 the proposed reuse or redevelopment; and
129.4 (3) to grant easements or other interests in the property
129.5 to the agency for any of the purposes provided in clause (1) or
129.6 (2).
129.7 (c) An agreement under paragraph (a), clause (3), must
129.8 apply to and be binding upon the successors and assigns of the
129.9 owner. The owner shall record the agreement, or a memorandum
129.10 approved by the commissioner that summarizes the agreement, with
129.11 the county recorder or registrar of titles of the county where
129.12 the property is located.
129.13 (d) For the purpose of qualifying for a grant under section
129.14 116J.554, subdivision 1, paragraph (c), a letter from the
129.15 commissioner that no removal or remedial action is required
129.16 shall be considered an approved response action plan.
129.17 Sec. 120. Minnesota Statutes 1998, section 115B.39,
129.18 subdivision 2, is amended to read:
129.19 Subd. 2. [DEFINITIONS.] (a) In addition to the definitions
129.20 in this subdivision, the definitions in sections 115A.03 and
129.21 115B.02 apply to sections 115B.39 to 115B.445, except as
129.22 specifically modified in this subdivision.
129.23 (b) "Cleanup order" means a consent order between
129.24 responsible persons and the agency or an order issued by the
129.25 United States Environmental Protection Agency under section 106
129.26 of the federal Superfund Act.
129.27 (c) "Closure" means actions to prevent or minimize the
129.28 threat to public health and the environment posed by a mixed
129.29 municipal solid waste disposal facility that has stopped
129.30 accepting waste by controlling the sources of releases or
129.31 threatened releases at the facility. "Closure" includes
129.32 removing contaminated equipment and liners; applying final
129.33 cover; grading and seeding final cover; installing wells,
129.34 borings, and other monitoring devices; constructing groundwater
129.35 and surface water diversion structures; and installing gas
129.36 control systems and site security systems, as necessary. The
130.1 commissioner may authorize use of final cover that includes
130.2 processed materials that meet the requirements in Code of
130.3 Federal Regulations, title 40, section 503.32, paragraph (a).
130.4 (d) "Closure upgrade" means construction activity that
130.5 will, at a minimum, modify an existing cover so that it
130.6 satisfies current rule requirements for mixed municipal solid
130.7 waste land disposal facilities.
130.8 (e) "Contingency action" means organized, planned, or
130.9 coordinated courses of action to be followed in case of fire,
130.10 explosion, or release of solid waste, waste by-products, or
130.11 leachate that could threaten human health or the environment.
130.12 (f) "Corrective action" means steps taken to repair
130.13 facility structures including liners, monitoring wells,
130.14 separation equipment, covers, and aeration devices and to bring
130.15 the facility into compliance with design, construction,
130.16 groundwater, surface water, and air emission standards.
130.17 (g) "Decomposition gases" means gases produced by chemical
130.18 or microbial activity during the decomposition of solid waste.
130.19 (h) "Dump materials" means nonhazardous mixed municipal
130.20 solid wastes disposed at a Minnesota waste disposal site other
130.21 than a qualified facility prior to 1973.
130.22 (i) "Environmental response action" means response action
130.23 at a qualified facility, including corrective action, closure,
130.24 postclosure care; contingency action; environmental studies,
130.25 including remedial investigations and feasibility studies;
130.26 engineering, including remedial design; removal; remedial
130.27 action; site construction; and other similar cleanup-related
130.28 activities.
130.29 (j) "Environmental response costs" means:
130.30 (1) costs of environmental response action, not including
130.31 legal or administrative expenses; and
130.32 (2) costs required to be paid to the federal government
130.33 under section 107(a) of the federal Superfund Act, as amended.
130.34 (k) "Postclosure" or "postclosure care" means actions taken
130.35 for the care, maintenance, and monitoring of closure actions at
130.36 a mixed municipal solid waste disposal facility.
131.1 (l) "Qualified facility" means a mixed municipal solid
131.2 waste disposal facility as described in the most recent agency
131.3 permit, including adjacent property used for solid waste
131.4 disposal that did not occur under a permit from the agency, that:
131.5 (1)(i) is or was permitted by the agency;
131.6 (2) (ii) stopped accepting solid waste, except demolition
131.7 debris, for disposal by April 9, 1994; and
131.8 (3) (iii) stopped accepting demolition debris for disposal
131.9 by June 1, 1994, except that demolition debris may be accepted
131.10 until May 1, 1995, at a permitted area where disposal of
131.11 demolition debris is allowed, if the area where the demolition
131.12 debris is deposited is at least 50 feet from the fill boundary
131.13 of the area where mixed municipal solid waste was deposited; or
131.14 (2)(i) is or was permitted by the agency; and
131.15 (ii) stopped accepting waste by January 1, 2000, except
131.16 that demolition debris, industrial waste, and municipal solid
131.17 waste combustor ash may be accepted until January 1, 2001, at a
131.18 permitted area where disposal of such waste is allowed, if the
131.19 area where the waste is deposited is at least 50 feet from the
131.20 fill boundary of the area where mixed municipal solid waste was
131.21 deposited.
131.22 Sec. 121. Minnesota Statutes 1998, section 115B.40,
131.23 subdivision 2, is amended to read:
131.24 Subd. 2. [PRIORITY LIST.] (a) The commissioner shall
131.25 establish a priority list for preventing or responding to
131.26 releases of hazardous substances, pollutants and contaminants,
131.27 or decomposition gases at qualified facilities defined in
131.28 section 115B.39, subdivision 2, paragraph (l), clause (1). The
131.29 commissioner shall periodically revise the list to reflect
131.30 changing conditions at facilities that affect priority for
131.31 response actions. The initial priority list must be established
131.32 by January 1, 1995.
131.33 (b) The priority list required under this subdivision must
131.34 be based on the relative risk or danger to public health or
131.35 welfare or the environment, taking into account to the extent
131.36 possible the population at risk, the hazardous potential of the
132.1 hazardous substances at the facility, the potential for
132.2 contamination of drinking water supplies, the potential for
132.3 direct human contact, and the potential for destruction of
132.4 sensitive ecosystems.
132.5 Sec. 122. Minnesota Statutes 1998, section 115B.40,
132.6 subdivision 3, is amended to read:
132.7 Subd. 3. [NOTIFICATION.] By September 1, 1994, the
132.8 commissioner shall notify the owner or operator of, and persons
132.9 subject to a cleanup order at, each qualified facility defined
132.10 in section 115B.39, subdivision 2, paragraph (l), clause (1), of
132.11 whether the requirements of subdivision 4 or 5 have been met.
132.12 If the requirements have not been met at a facility, the
132.13 commissioner, by the earliest practicable date, shall notify the
132.14 owner or operator and persons subject to a cleanup order of what
132.15 actions need to be taken.
132.16 Sec. 123. Minnesota Statutes 1998, section 115B.40,
132.17 subdivision 4, is amended to read:
132.18 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER;
132.19 DUTIES.] (a) The owner or operator of a qualified facility that
132.20 is not subject to a cleanup order shall:
132.21 (1) complete closure activities at the facility, or enter
132.22 into a binding agreement with the commissioner to do so, as
132.23 provided in paragraph (d) (e), within one year from the date the
132.24 owner or operator is notified by the commissioner under
132.25 subdivision 3 of the closure activities that are necessary to
132.26 properly close the facility in compliance with facility's
132.27 permit, closure orders, or enforcement agreement with the
132.28 agency, and with the solid waste rules in effect at the time the
132.29 facility stopped accepting waste;
132.30 (2) undertake or continue postclosure care at the facility
132.31 until the date of notice of compliance under subdivision 7;
132.32 (3) in the case of qualified facilities defined in section
132.33 115B.39, subdivision 2, paragraph (l), clause (1), transfer to
132.34 the commissioner of revenue for deposit in the solid waste fund
132.35 established in section 115B.42 any funds required for proof of
132.36 financial responsibility under section 116.07, subdivision 4h,
133.1 that remain after facility closure and any postclosure care and
133.2 response action undertaken by the owner or operator at the
133.3 facility including, if proof of financial responsibility is
133.4 provided through a letter of credit or other financial
133.5 instrument or mechanism that does not accumulate money in an
133.6 account, the amount that would have accumulated had the owner or
133.7 operator utilized a trust fund, less any amount used for
133.8 closure, postclosure care, and response action at the
133.9 facility; and
133.10 (4) in the case of qualified facilities defined in section
133.11 115B.39, subdivision 2, paragraph (l), clause (2), transfer to
133.12 the commissioner of revenue for deposit in the solid waste fund
133.13 established in section 115B.42 an amount of cash that is equal
133.14 to the sum of their approved current contingency action cost
133.15 estimate and the present value of their approved estimated
133.16 remaining postclosure care costs required for proof of financial
133.17 responsibility under section 116.07, subdivision 4h.
133.18 (b) The owner or operator of a qualified facility that is
133.19 not subject to a cleanup order shall:
133.20 (1) in the case of qualified facilities defined in section
133.21 115B.39, subdivision 2, paragraph (l), clause (1), provide the
133.22 commissioner with a copy of all applicable comprehensive general
133.23 liability insurance policies and other liability policies
133.24 relating to property damage, certificates, or other evidence of
133.25 insurance coverage held during the life of the facility; and
133.26 (5) (2) enter into a binding agreement with the
133.27 commissioner to:
133.28 (i) in the case of qualified facilities defined in section
133.29 115B.39, subdivision 2, paragraph (l), clause (1), take any
133.30 actions necessary to preserve the owner or operator's rights to
133.31 payment or defense under insurance policies included in
133.32 clause (4) (1); cooperate with the commissioner in asserting
133.33 claims under the policies; and, within 60 days of a request by
133.34 the commissioner, but no earlier than July 1, 1996, assign only
133.35 those rights under the policies related to environmental
133.36 response costs;
134.1 (ii) cooperate with the commissioner or other persons
134.2 acting at the direction of the commissioner in taking additional
134.3 environmental response actions necessary to address releases or
134.4 threatened releases and to avoid any action that interferes with
134.5 environmental response actions, including allowing entry to the
134.6 property and to the facility's records and allowing entry and
134.7 installation of equipment; and
134.8 (iii) refrain from developing or altering the use of
134.9 property described in any permit for the facility except after
134.10 consultation with the commissioner and in conformance with any
134.11 conditions established by the commissioner for that property,
134.12 including use restrictions, to protect public health and welfare
134.13 and the environment.
134.14 (b) (c) The owner or operator of a qualified facility
134.15 defined in section 115B.39, subdivision 2, paragraph (l), clause
134.16 (1), that is a political subdivision may use a portion of any
134.17 funds established for response at the facility, which are
134.18 available directly or through a financial instrument or other
134.19 financial arrangement, for closure or postclosure care at the
134.20 facility if funds available for closure or postclosure care are
134.21 inadequate and shall assign the rights to any remainder to the
134.22 commissioner.
134.23 (c) (d) The agreement required in paragraph (a) (b),
134.24 clause (5) (2), must be in writing and must apply to and be
134.25 binding upon the successors and assigns of the owner. The owner
134.26 shall record the agreement, or a memorandum approved by the
134.27 commissioner that summarizes the agreement, with the county
134.28 recorder or registrar of titles of the county where the property
134.29 is located.
134.30 (d) (e) A binding agreement entered into under paragraph
134.31 (a), clause (1), may include a provision that the owner or
134.32 operator will reimburse the commissioner for the costs of
134.33 closing the facility to the standard required in that clause.
134.34 Sec. 124. Minnesota Statutes 1998, section 115B.40,
134.35 subdivision 5, is amended to read:
134.36 Subd. 5. [QUALIFIED FACILITY UNDER CLEANUP ORDER; DUTIES.]
135.1 (a) For a qualified facility that is subject to a cleanup order,
135.2 persons identified in the order shall complete construction of
135.3 the remedy required under the cleanup order and:
135.4 (1) for a federal order, receive a concurrent determination
135.5 of the United States Environmental Protection Agency and the
135.6 agency or commissioner that the remedy is functioning properly
135.7 and is performing as designed; or
135.8 (2) for a state order, receive acknowledgment from the
135.9 agency or commissioner that the obligations under the order for
135.10 construction of the remedy have been met.
135.11 (b) The owner or operator of a qualified facility that is
135.12 subject to a cleanup order, in addition to any applicable
135.13 requirement in paragraph (a), shall comply with subdivision 4,
135.14 paragraph paragraphs (a), clauses clause (3) to (5) or (4);
135.15 and (b).
135.16 Sec. 125. Minnesota Statutes 1998, section 115B.40,
135.17 subdivision 6, is amended to read:
135.18 Subd. 6. [COMMISSIONER; DUTIES.] (a) If the owner or
135.19 operator of a qualified facility that is subject to the
135.20 requirements of subdivision 4, paragraph (a), fails to comply
135.21 with subdivision 4, paragraph (a), clause (1) or (2), the
135.22 commissioner shall:
135.23 (1) undertake or complete closure activities at the
135.24 facility in compliance with the solid waste rules in effect at
135.25 the time the commissioner takes action under this clause; and
135.26 (2) undertake or continue postclosure care at the facility
135.27 as required under subdivision 2.
135.28 (b) If a facility has been properly closed under
135.29 subdivision 4, but the applicable closure requirements are less
135.30 environmentally protective than closure requirements in the
135.31 solid waste rules in effect on January 1, 1993, the commissioner
135.32 shall determine whether the facility should be closed to the
135.33 higher standards and, if so, shall undertake additional closure
135.34 activities at the facility to meet those standards. The
135.35 commissioner may determine that additional closure activities
135.36 are unnecessary only if it is likely that response actions will
136.1 be taken in the near future and that those response actions will
136.2 result in removal or significant alteration of the closure
136.3 activities or render the closure activities unnecessary.
136.4 Sec. 126. Minnesota Statutes 1998, section 115B.40,
136.5 subdivision 7, is amended to read:
136.6 Subd. 7. [NOTICE OF COMPLIANCE; EFFECTS.] (a) The
136.7 commissioner shall provide written notice of compliance to the
136.8 appropriate owner or operator or person subject to a cleanup
136.9 order when:
136.10 (1) the commissioner determines that the requirements of
136.11 subdivision 4 or 5 have been met; and
136.12 (2) the person who will receive the notice has submitted to
136.13 the commissioner a written waiver of any claims the person may
136.14 have against any other person for recovery of any environmental
136.15 response costs related to a qualified facility that were
136.16 incurred prior to the date of notice of compliance.
136.17 (b) Beginning on the date of the notice of compliance:
136.18 (1) the commissioner shall assume all obligations of the
136.19 owner or operator or person for environmental response actions
136.20 under the federal Superfund Act and any federal or state cleanup
136.21 orders and shall undertake all further action under subdivision
136.22 1 at or related to the facility that the commissioner deems
136.23 appropriate and in accordance with the priority list; and
136.24 (2) the commissioner may not seek recovery against the
136.25 owner or operator of the facility or any responsible person of
136.26 any costs incurred by the commissioner for environmental
136.27 response action at or related to the facility, except:
136.28 (i) in the case of qualified facilities defined in section
136.29 115B.39, subdivision 2, paragraph (l), clause (1), to the extent
136.30 of insurance coverage held by the owner or operator or
136.31 responsible person; or
136.32 (ii) as provided in section 115B.402.
136.33 (c) The commissioner and the attorney general shall
136.34 communicate with the United States Environmental Protection
136.35 Agency addressing the manner and procedure for the state's
136.36 assumption of federal obligations under paragraph (b), clause
137.1 (1).
137.2 Sec. 127. Minnesota Statutes 1998, section 115B.40,
137.3 subdivision 8, is amended to read:
137.4 Subd. 8. [STATUTES OF LIMITATIONS.] (a) With respect to
137.5 claims for recovery of environmental response costs related to
137.6 qualified facilities defined in section 115B.39, subdivision 2,
137.7 paragraph (l), clause (1), the running of all applicable periods
137.8 of limitation under state law is suspended until July 1, 2004.
137.9 (b) A waiver of claims for recovery of environmental
137.10 response costs under this section or section 115B.43 is
137.11 extinguished for that portion of reimbursable costs under
137.12 section 115B.43 that have not been reimbursed by July 1, 2004.
137.13 Sec. 128. Minnesota Statutes 1998, section 115B.405,
137.14 subdivision 1, is amended to read:
137.15 Subdivision 1. [APPLICATION.] The owner or operator of a
137.16 qualified facility may apply to the commissioner for exclusion
137.17 from the landfill cleanup program under sections 115B.39,
137.18 115B.40, 115B.41, 115B.412, and 115B.43. Applications for
137.19 qualified facilities defined in section 115B.39, subdivision 2,
137.20 paragraph (l), clause (1), must be received by the commissioner
137.21 by February 1, 1995. Applications for qualified facilities
137.22 defined in section 115B.39, subdivision 2, paragraph (l), clause
137.23 (2), must be received by the commissioner by December 31, 1999.
137.24 The owner or operator of a qualified facility that is subject to
137.25 a federal cleanup order or that includes any portion that is
137.26 tax-forfeited may not apply for exclusion under this section.
137.27 In addition to other information required by the commissioner,
137.28 an application must include a disclosure of all financial
137.29 assurance accounts established for the facility. Applications
137.30 for exclusion must:
137.31 (1) show that the operator or owner is complying with the
137.32 agency's rules adopted under section 116.07, subdivision 4h, and
137.33 is complying with a financial assurance plan for the facility
137.34 that the commissioner has approved after determining that the
137.35 plan is adequate to provide for closure, postclosure care, and
137.36 contingency action;
138.1 (2) demonstrate that the facility is closed or is in
138.2 compliance with a closure schedule approved by the commissioner;
138.3 and
138.4 (3) include a waiver of all claims for recovery of costs
138.5 incurred under sections 115B.01 to 115B.24 and the federal
138.6 Superfund Act at or related to a qualified facility.
138.7 Sec. 129. Minnesota Statutes 1998, section 115B.412,
138.8 subdivision 3, is amended to read:
138.9 Subd. 3. [ACQUISITION AND DISPOSITION OF REAL PROPERTY.]
138.10 The commissioner may acquire and dispose of real property the
138.11 commissioner deems reasonably necessary for environmental
138.12 response actions at or related to a qualified facility under
138.13 section 115B.17, subdivisions 15 and 16. Revenue from the sale,
138.14 lease, or other transfer of property acquired under this
138.15 subdivision shall be deposited in the solid waste fund
138.16 established in section 115B.42.
138.17 Sec. 130. Minnesota Statutes 1998, section 115B.42, is
138.18 amended to read:
138.19 115B.42 [SOLID WASTE FUND.]
138.20 Subdivision 1. [ESTABLISHMENT; APPROPRIATION; SEPARATE
138.21 ACCOUNTING.] (a) The solid waste fund is established in the
138.22 state treasury. The fund consists of money credited to the fund
138.23 and interest earned on the money in the fund. Except as
138.24 provided in subdivision 2, clause clauses (7), (8), and (11),
138.25 money in the fund is annually appropriated to the commissioner
138.26 for the purposes listed in subdivision 2.
138.27 (b) The commissioner of finance shall separately account
138.28 for revenue deposited in the fund from financial assurance funds
138.29 or other mechanisms, the metropolitan landfill contingency
138.30 action trust fund, and all other sources of revenue.
138.31 Subd. 2. [EXPENDITURES.] (a) Money in the fund may be
138.32 spent by the commissioner to:
138.33 (1) inspect permitted mixed municipal solid waste disposal
138.34 facilities to:
138.35 (i) evaluate the adequacy of final cover, slopes,
138.36 vegetation, and erosion control;
139.1 (ii) determine the presence and concentration of hazardous
139.2 substances, pollutants or contaminants, and decomposition gases;
139.3 and
139.4 (iii) determine the boundaries of fill areas;
139.5 (2) monitor and take, or reimburse others for,
139.6 environmental response actions, including emergency response
139.7 actions, at qualified facilities;
139.8 (3) acquire and dispose of property under section 115B.412,
139.9 subdivision 3;
139.10 (4) recover costs under section 115B.39;
139.11 (5) administer, including providing staff and
139.12 administrative support for, sections 115B.39 to 115B.445;
139.13 (6) enforce sections 115B.39 to 115B.445;
139.14 (7) subject to appropriation, administer the agency's
139.15 groundwater and solid waste management programs;
139.16 (8) subject to appropriation, until June 30, 2007, pay for
139.17 private water supply well monitoring and health assessment costs
139.18 of the commissioner of health in areas affected by unpermitted
139.19 mixed municipal solid waste disposal facilities;
139.20 (9) reimburse persons under section 115B.43; and
139.21 (9) (10) reimburse mediation expenses up to a total of
139.22 $250,000 annually or defense costs up to a total of $250,000
139.23 annually for third-party claims for response costs under state
139.24 or federal law as provided in section 115B.414; and
139.25 (11) subject to appropriation, perform environmental
139.26 assessments and response action at unpermitted mixed municipal
139.27 solid waste disposal facilities.
139.28 Sec. 131. [115B.421] [CLOSED LANDFILL PERPETUAL CARE TRUST
139.29 FUND.]
139.30 (a) The closed landfill perpetual care trust fund is
139.31 established in the state treasury. The fund consists of money
139.32 credited to the fund, and interest and other earnings on money
139.33 in the fund. Money in the fund is annually appropriated to the
139.34 commissioner for the purposes and in the years provided in
139.35 subdivision 2.
139.36 (b) The commissioner of finance shall transfer an initial
140.1 amount of $5,100,000 from the balance in the solid waste fund
140.2 beginning in fiscal year 2000 and shall continue to transfer
140.3 $5,100,000 for each succeeding fiscal year, ceasing after fiscal
140.4 year 2003. The fund shall be managed by the state board of
140.5 investment to maximize long-term gain while maintaining
140.6 sufficient liquidity to meet anticipated environmental response
140.7 actions at facilities after the eligibility dates specified in
140.8 subdivision 2.
140.9 Subd. 2. [EXPENDITURES.] Money in the fund may be spent by
140.10 the commissioner as follows:
140.11 (1) in the case of qualified facilities defined in section
140.12 115B.39, subdivision 2, paragraph (1), clause (1), to: (i)
140.13 monitor and take environmental response actions, including
140.14 emergency response actions, at such facilities after fiscal year
140.15 2020; and (ii) acquire and dispose of property at such
140.16 facilities under section 115B.412, subdivision 3, after fiscal
140.17 year 2020; or
140.18 (2) in the case of qualified facilities defined in section
140.19 115B.39, subdivision 2, paragraph (1), clause (2), to: (i)
140.20 monitor and take environmental response actions, including
140.21 emergency response actions, at such facilities after fiscal year
140.22 2030; and (ii) acquire and dispose of property at such
140.23 facilities under section 115B.412, subdivision 3, after fiscal
140.24 year 2030.
140.25 Sec. 132. Minnesota Statutes 1998, section 115B.43,
140.26 subdivision 1, is amended to read:
140.27 Subdivision 1. [GENERALLY.] Environmental response costs
140.28 at qualified facilities defined in section 115B.39, subdivision
140.29 2, paragraph (l), clause (1), for which a notice of compliance
140.30 has been issued under section 115B.40, subdivision 7, are
140.31 reimbursable as provided in this section.
140.32 Sec. 133. Minnesota Statutes 1998, section 115B.442, is
140.33 amended by adding a subdivision to read:
140.34 Subd. 1a. [DEFINITION OF QUALIFIED FACILITIES.] For the
140.35 purposes of sections 115B.441 to 115B.445, "qualified facility"
140.36 means only those qualified facilities defined in section
141.1 115B.39, subdivision 2, paragraph (l), clause (1).
141.2 Sec. 134. Minnesota Statutes 1998, section 115B.445, is
141.3 amended to read:
141.4 115B.445 [DEPOSIT OF PROCEEDS.]
141.5 All amounts paid to the state by an insurer pursuant to any
141.6 settlement under section 115B.443 or 115B.444, or pursuant to
141.7 any judgment under section 115B.444, must be deposited in the
141.8 state treasury and credited to the solid waste fund. Any amount
141.9 received by the state in settlement of natural resource damages
141.10 shall be transferred from the solid waste fund to the
141.11 environmental response, compensation, and compliance account in
141.12 accordance with section 115B.20, subdivision 1, paragraph (e).
141.13 Sec. 135. [115B.451] [DEFINITIONS.]
141.14 Subdivision 1. [SCOPE OF APPLICATION.] For purposes of
141.15 sections 115B.451 to 115B.455, the following terms have the
141.16 meanings given.
141.17 Subd. 2. [CLEANUP COSTS OR COSTS.] "Cleanup costs" or
141.18 "costs" means the costs of developing and implementing
141.19 construction work under a response action plan, but does not
141.20 include implementation costs incurred before the award of a
141.21 grant unless the application for the grant was submitted within
141.22 180 days after the response action plan was approved by the
141.23 commissioner.
141.24 Subd. 3. [COMMISSIONER.] "Commissioner" means the
141.25 commissioner of the pollution control agency.
141.26 Subd. 4. [MUNICIPALITY.] "Municipality" means the
141.27 statutory or home rule charter city, town, or, in the case of
141.28 unorganized territory, the county in which the qualified site is
141.29 located.
141.30 Subd. 5. [QUALIFIED MUNICIPAL DUMP SITE OR QUALIFIED
141.31 SITE.] "Qualified municipal dump site" or "qualified site" means
141.32 an unpermitted mixed municipal waste disposal facility,
141.33 including adjacent property used for solid waste disposal, that:
141.34 (1) stopped accepting mixed municipal solid waste by
141.35 January 1, 1973;
141.36 (2) is over 30 percent publicly owned on January 1, 1999;
142.1 and
142.2 (3) on January 1, 1999, was listed on the permanent list of
142.3 priorities under section 115B.17, subdivision 13; and
142.4 (4) is 100 percent owned by the municipality at the time of
142.5 grant application.
142.6 Subd. 6. [RESPONSE ACTION PLAN.] "Response action plan"
142.7 means a response action plan approved by the commissioner.
142.8 Sec. 136. [115B.452] [GRANT APPLICATION.]
142.9 Subdivision 1. [APPLICATION REQUIRED.] To obtain a
142.10 municipal dump cleanup grant, the municipality shall apply to
142.11 the commissioner. The governing body of the municipality must
142.12 approve, by resolution, the application.
142.13 Subd. 2. [REQUIRED CONTENT.] The commissioner shall
142.14 prescribe and provide the application form. The application
142.15 must include at least the following information:
142.16 (1) information that is currently available about types and
142.17 disposal-cessation dates of waste contained in the qualified
142.18 site;
142.19 (2) ownership and known fill boundaries of the qualified
142.20 site along with ownership and known fill boundaries of any
142.21 adjacent property used for solid waste disposal.
142.22 (3) an approved response action plan for the qualified site
142.23 or the portion of the qualified site that is covered by the
142.24 grant application, including the results of engineering and
142.25 other tests showing the nature and extent of the release or
142.26 threatened release of contaminants at the qualified site;
142.27 (4) a detailed estimate, along with necessary supporting
142.28 evidence, of the total cleanup costs for the qualified site or
142.29 the portion of the qualified site that is covered by the grant
142.30 application;
142.31 (5) an appraisal of the current market value of the
142.32 property, separately taking into account the effect of the
142.33 contaminants on the market value, prepared by a qualified
142.34 independent appraiser using accepted appraisal methodology;
142.35 (6) an assessment of the development potential or likely
142.36 use of the qualified site after completion of the response
143.1 action plan, including any specific commitments from third
143.2 parties to construct improvements on the qualified site;
143.3 (7) a description of other potentially available sources of
143.4 funding, including, but not limited to, identification of all
143.5 liability, excess, and umbrella insurance issued to the
143.6 municipality from the date the waste was first accepted at the
143.7 qualified site through January 1, 1986; and
143.8 (8) identification of any portions of the qualified site
143.9 that the municipality intends to exclude from the application,
143.10 with an explanation of response actions needed on the excluded
143.11 portion and how those actions will be conducted.
143.12 Sec. 137. [115B.453] [GRANTS.]
143.13 Subdivision 1. [AUTHORITY.] The commissioner may make a
143.14 grant to an applicant municipality to pay for up to 100 percent
143.15 of the cleanup costs for a qualified site.
143.16 Subd. 2. [PRIORITIES FOR DETERMINATION OF AWARD
143.17 AMOUNTS.] If the estimated costs of response action plans in
143.18 applications for grants for qualified sites exceed the estimate
143.19 of available appropriations over the life of the program, the
143.20 commissioner shall prioritize the amount of grants based on the
143.21 following factors:
143.22 (1) the potential threat to public health and the
143.23 environment that would be reduced or eliminated by completion of
143.24 each of the response action plans including, but not limited to,
143.25 the projected extent to which cleanup costs paid by grant awards
143.26 would bring about a reduction in a qualified site's hazard
143.27 ranking system score;
143.28 (2) the benefit to the state to be gained in comparison to
143.29 the cleanup costs that are estimated in the application.
143.30 (3) the lack of availability under other state or federal
143.31 cleanup programs;
143.32 (4) the lack of development potential for the qualified
143.33 site; and
143.34 (5) the extent to which the municipality or other parties
143.35 would commit to paying a portion of the cleanup costs.
143.36 The factors are not listed in a rank order of priority;
144.1 rather the commissioner may weigh each factor, depending upon
144.2 the facts and circumstances, as the commissioner considers
144.3 appropriate.
144.4 Subd. 3. [REPORTING TO LEGISLATURE.] By November 1 of each
144.5 even-numbered year, the commissioner shall report to the
144.6 legislative committees and divisions with jurisdiction over
144.7 environmental policy and finance on the status of the cleanup
144.8 projects undertaken with grants made under this section. The
144.9 commissioner shall include in the report information on the
144.10 cleanup activities undertaken for the grants made in that and
144.11 previous fiscal years.
144.12 Sec. 138. [115B.454] [COST RECOVERY ACTIONS.]
144.13 Subdivision 1. [CAUSE OF ACTION.] A municipality that
144.14 incurs cleanup costs to implement an approved response action
144.15 plan pursuant to sections 115B.451 to 115B.455, may bring an
144.16 action under section 115B.04 or other law to recover the
144.17 reasonable and necessary cleanup costs incurred by the
144.18 municipality. The municipality may recover all cleanup costs
144.19 incurred whether paid from the proceeds of a grant under
144.20 sections 115B.451 to 115B.455 or funds of the municipality.
144.21 Recoverable costs include administrative and legal costs related
144.22 to the development and implementation of the response action
144.23 plan but do not include any costs associated with development or
144.24 redevelopment of property. A municipality must have the consent
144.25 of the attorney general to bring or settle an action under this
144.26 subdivision to recover cleanup costs paid from the proceeds of a
144.27 grant.
144.28 Subd. 2. [PROCEDURES.] The commissioner shall notify the
144.29 attorney general when a grant is awarded under sections 115B.451
144.30 to 115B.455. Certification by the municipality of the cleanup
144.31 costs incurred to develop and implement the approved response
144.32 action plan is prima facie evidence that the costs are
144.33 reasonable and necessary in any action brought under this
144.34 section.
144.35 Subd. 3. [ATTORNEY GENERAL ASSISTANCE AND COSTS.] (a) The
144.36 attorney general may assist a municipality, if requested to do
145.1 so, in bringing an action under subdivision 1 by providing legal
145.2 and technical advice or other appropriate assistance. The
145.3 attorney general shall not assess any fee to the municipality
145.4 for the assistance but may recover the cost of the assistance as
145.5 provided in paragraph (b).
145.6 (b) If the attorney general assists in an action brought
145.7 under subdivision 1, the reasonable litigation expenses or other
145.8 costs of legal or technical assistance incurred by the attorney
145.9 general must be deducted from any recovery and paid to the
145.10 attorney general before proceeds of the recovery are otherwise
145.11 distributed. The attorney general shall deposit any money so
145.12 deducted in the general fund.
145.13 Subd. 4. [DISPOSITION OF RECOVERED AMOUNTS.] Amounts
145.14 recovered from responsible persons, after any deduction for
145.15 costs of recovery, including costs under subdivision 3, and all
145.16 other amounts otherwise received by the municipality, the
145.17 agency, or the attorney general for the qualified site shall be
145.18 used to reimburse the municipality and the solid waste fund in
145.19 proportion to their respective payments for response costs.
145.20 Sec. 139. [115B.455] [EFFECT OF ISSUANCE OF GRANTS.]
145.21 The issuance of a municipal dump cleanup grant under
145.22 sections 115B.451 to 115B.455 has no effect on the
145.23 responsibility or the liability of the state, under this chapter
145.24 or any other law, in relation to the contamination at a site or
145.25 sites for which the grant is issued. The issuance of a grant
145.26 neither implies any state responsibility for the contamination
145.27 nor imposes any obligation on the state to participate in the
145.28 cleanup of the contamination or in the cleanup costs beyond the
145.29 amount of the grant.
145.30 Sec. 140. Minnesota Statutes 1998, section 115B.48,
145.31 subdivision 8, is amended to read:
145.32 Subd. 8. [FULL-TIME EQUIVALENCE.] "Full-time equivalence"
145.33 means 2,000 hours worked by employees, owners, and others in a
145.34 drycleaning facility during a 12-month period beginning July 1
145.35 of the preceding year and running through June 30 of the year in
145.36 which the annual registration fee is due. An owner shall not be
146.1 counted as more than one full-time equivalent, regardless of how
146.2 many hours the owner works at a facility during a 12-month
146.3 period. For those drycleaning facilities that were in business
146.4 less than the 12-month period, full-time equivalence means the
146.5 total of all of the hours worked in the drycleaning facility,
146.6 divided by 2,000 and multiplied by a fraction, the numerator of
146.7 which is 50 and the denominator of which is the number of weeks
146.8 in business during the reporting period.
146.9 Sec. 141. Minnesota Statutes 1998, section 116.072,
146.10 subdivision 1, is amended to read:
146.11 Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] (a)
146.12 The commissioner may issue an order requiring violations to be
146.13 corrected and administratively assessing monetary penalties for
146.14 violations of this chapter and chapters 114C, 115, 115A, 115D,
146.15 and 115E, any rules adopted under those chapters, and any
146.16 standards, limitations, or conditions established in an agency
146.17 permit; and for failure to respond to a request for information
146.18 under section 115B.17, subdivision 3. The order must be issued
146.19 as provided in this section.
146.20 (b) A county board may adopt an ordinance containing
146.21 procedures for the issuance of administrative penalty orders and
146.22 may issue orders beginning August 1, 1996. Before adopting
146.23 ordinances, counties shall work cooperatively with the agency to
146.24 develop an implementation plan for the orders that substantially
146.25 conforms to a model ordinance developed by the counties and the
146.26 agency. After adopting the ordinance, the county board may
146.27 issue orders requiring violations to be corrected and
146.28 administratively assessing monetary penalties for violations of
146.29 county ordinances adopted under section 400.16, 400.161, or
146.30 473.811 or chapter 115A that regulate solid and hazardous waste
146.31 and any standards, limitations, or conditions established in a
146.32 county license issued pursuant to these ordinances. For
146.33 violations of ordinances relating to hazardous waste, a county's
146.34 penalty authority is described in subdivisions 2 to 5. For
146.35 violations of ordinances relating to solid waste, a county's
146.36 penalty authority is described in subdivision 5a. Subdivisions
147.1 6 to 11 apply to violations of ordinances relating to both solid
147.2 and hazardous waste.
147.3 (c) Monetary penalties collected by a county must be used
147.4 to manage solid and hazardous waste. A county board's authority
147.5 is limited to violations described in paragraph (b). Its
147.6 authority to issue orders under this section expires August 1,
147.7 1999 2003.
147.8 Sec. 142. Minnesota Statutes 1998, section 116.073,
147.9 subdivision 1, is amended to read:
147.10 Subdivision 1. [AUTHORITY TO ISSUE.] Pollution control
147.11 agency staff designated by the commissioner and department of
147.12 natural resources conservation officers may issue citations to a
147.13 person who:
147.14 (1) disposes of solid waste as defined in section 116.06,
147.15 subdivision 22, at a location not authorized by law for the
147.16 disposal of solid waste without permission of the owner of the
147.17 property;
147.18 (2) fails to report or recover oil or hazardous substance
147.19 discharges as required under section 115.061; or
147.20 (3) fails to take discharge preventive or preparedness
147.21 measures required under chapter 115E. In addition, pollution
147.22 control agency staff designated by the commissioner may issue
147.23 citations to owners and operators of facilities dispensing
147.24 petroleum products who violate sections 116.46 to 116.50 and
147.25 Minnesota Rules, chapter chapters 7150 and 7151, and Minnesota
147.26 Rules, parts 7001.4200 to 7001.4300. The citations for
147.27 violation of sections 116.46 to 116.50 and Minnesota Rules,
147.28 chapter 7150, may be issued only after the owners and operators
147.29 have had a 90-day period to correct all the violations stated in
147.30 a letter issued previously by pollution control agency staff. A
147.31 citation issued under this subdivision must include a
147.32 requirement that the person cited remove and properly dispose of
147.33 or otherwise manage the waste or discharged oil or hazardous
147.34 substance, reimburse any government agency that has disposed of
147.35 the waste or discharged oil or hazardous substance and
147.36 contaminated debris for the reasonable costs of disposal, or
148.1 correct any underground storage tank violations.
148.2 Sec. 143. Minnesota Statutes 1998, section 116.073,
148.3 subdivision 2, is amended to read:
148.4 Subd. 2. [PENALTY AMOUNT.] The citation must impose the
148.5 following penalty amounts:
148.6 (1) $100 per major appliance, as defined in section
148.7 115A.03, subdivision 17a, up to a maximum of $2,000;
148.8 (2) $25 per waste tire, as defined in section 115A.90,
148.9 subdivision 11, up to a maximum of $2,000;
148.10 (3) $25 per lead acid battery governed by section 115A.915,
148.11 up to a maximum of $2,000;
148.12 (4) $1 per pound of other solid waste or $20 per cubic foot
148.13 up to a maximum of $2,000;
148.14 (5) up to $200 for any amount of waste that escapes from a
148.15 vehicle used for the transportation of solid waste if, after
148.16 receiving actual notice that waste has escaped the vehicle, the
148.17 person or company transporting the waste fails to immediately
148.18 collect the waste;
148.19 (6) $50 per violation of rules adopted under section
148.20 116.49, relating to underground storage tank system design,
148.21 construction, installation, and notification requirements, up to
148.22 a maximum of $2,000;
148.23 (7) $250 per violation of rules adopted under section
148.24 116.49, relating to upgrading of existing underground storage
148.25 tank systems, up to a maximum of $2,000;
148.26 (8) $100 per violation of rules adopted under section
148.27 116.49, relating to underground storage tank system general
148.28 operating requirements, up to a maximum of $2,000;
148.29 (9) $250 per violation of rules adopted under section
148.30 116.49, relating to underground storage tank system release
148.31 detection requirements, up to a maximum of $2,000;
148.32 (10) $50 per violation of rules adopted under section
148.33 116.49, relating to out-of-service underground storage tank
148.34 systems and closure, up to a maximum of $2,000; and
148.35 (11) $50 per violation of sections 116.48 to 116.491
148.36 relating to underground storage tank system notification,
149.1 monitoring, environmental protection, and tank installers
149.2 training and certification requirements, up to a maximum of
149.3 $2,000;
149.4 (12) $25 per gallon of oil or hazardous substance
149.5 discharged which is not reported or recovered under section
149.6 115.061, up to a maximum of $2,000;
149.7 (13) $1 per gallon of oil or hazardous substance being
149.8 stored, transported, or otherwise handled without the prevention
149.9 or preparedness measures required under chapter 115E, up to a
149.10 maximum of $2,000; and
149.11 (14) $250 per violation of Minnesota Rules, parts 7001.4200
149.12 to 7001.4300, or Minnesota Rules, chapter 7151, related to
149.13 aboveground storage tank systems, up to a maximum of $2,000.
149.14 Sec. 144. [116.915] [MERCURY REDUCTION.]
149.15 Subdivision 1. [GOAL.] It is the goal of the state to
149.16 reduce mercury contamination by reducing the release of mercury
149.17 into the air and water of the state by 60 percent from 1990
149.18 levels by December 31, 2000, and by 70 percent from 1990 levels
149.19 by December 31, 2005. The goal applies to the statewide total
149.20 of releases from existing and new sources of mercury. The
149.21 commissioner shall publish updated estimates of 1990 releases in
149.22 the State Register.
149.23 Subd. 2. [REDUCTION STRATEGIES.] The commissioner shall
149.24 implement the strategies recommended by the mercury
149.25 contamination reduction initiative advisory council and
149.26 identified on pages 31 to 42 of the Minnesota pollution control
149.27 agency's report entitled "Report on the Mercury Contamination
149.28 Reduction Initiative Advisory Council's Results and
149.29 Recommendations" as transmitted to the legislature by the
149.30 commissioner's letter dated March 15, 1999. The commissioner
149.31 shall solicit, by July 1, 1999, voluntary reduction agreements
149.32 from sources that emit more than 50 pounds of mercury per year.
149.33 Subd. 3. [PROGRESS REPORTS.] The commissioner, in
149.34 cooperation with the director of the office of environmental
149.35 assistance, shall submit progress reports to the legislature on
149.36 October 15, 2001, and October 15, 2005. The reports shall
150.1 address the state's success in meeting the mercury release
150.2 reduction goals of subdivision 1, and discuss whether different
150.3 voluntary or mandatory reduction strategies are needed. The
150.4 reports shall also discuss whether the reduction goals are still
150.5 appropriate given the most recent information regarding mercury
150.6 risks.
150.7 Sec. 145. Minnesota Statutes 1998, section 116O.09,
150.8 subdivision 5, is amended to read:
150.9 Subd. 5. [ADVISORY BOARD.] A 26-member 27-member advisory
150.10 board may be established to identify priorities for the
150.11 agricultural utilization research institute. Members of the
150.12 advisory board are appointed by the board. The advisory board
150.13 consists of: the chair of the Minnesota house of
150.14 representatives agricultural committee; the chair of the
150.15 Minnesota senate agricultural committee; a representative from
150.16 each of the ten largest agricultural-related businesses in the
150.17 state as determined by the corporation; a member from each of
150.18 the appropriate trade organizations representing producers
150.19 of organic products, beef cattle, dairy, corn, soybeans, pork,
150.20 wheat, turkey, barley, wild rice, edible beans, eggs, and
150.21 potatoes; a member of the Farmers's Union; and a member of the
150.22 Farm Bureau. Terms and removal of members must be set by the
150.23 board and members of the advisory board serve without
150.24 compensation but shall receive their necessary and actual
150.25 expenses.
150.26 The advisory board shall annually provide a list of
150.27 priorities and suggested research and marketing studies that
150.28 should be performed by the agricultural utilization research
150.29 institute.
150.30 Sec. 146. Minnesota Statutes 1998, section 169.121,
150.31 subdivision 3, is amended to read:
150.32 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this section:
150.33 (1) "Prior impaired driving conviction" means a prior
150.34 conviction under:
150.35 (i) this section; Minnesota Statutes 1996, section 84.91,
150.36 subdivision 1, paragraph (a), or 86B.331, subdivision 1,
151.1 paragraph (a); section 169.1211; section 169.129; or section
151.2 360.0752;
151.3 (ii) section 609.21, subdivision 1, clauses (2) to (6);
151.4 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2)
151.5 to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
151.6 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or
151.7 (iii) an ordinance from this state, or a statute or
151.8 ordinance from another state, in conformity with any provision
151.9 listed in item (i) or (ii).
151.10 A prior impaired driving conviction also includes a prior
151.11 juvenile adjudication that would have been a prior impaired
151.12 driving conviction if committed by an adult.
151.13 (2) "Prior license revocation" means a driver's license
151.14 suspension, revocation, cancellation, denial, or
151.15 disqualification under:
151.16 (i) this section or section 169.1211, 169.123, 171.04,
151.17 171.14, 171.16, 171.165, 171.17, or 171.18 because of an
151.18 alcohol-related incident;
151.19 (ii) section 609.21, subdivision 1, clauses (2) to (6);
151.20 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2)
151.21 to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
151.22 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or
151.23 (iii) an ordinance from this state, or a statute or
151.24 ordinance from another state, in conformity with any provision
151.25 listed in item (i) or (ii).
151.26 "Prior license revocation" also means the revocation of
151.27 snowmobile or all-terrain vehicle operating privileges under
151.28 section 84.911, or motorboat operating privileges under section
151.29 86B.335, for violations that occurred on or after August 1, 1995
151.30 1994; the revocation of snowmobile or all-terrain vehicle
151.31 operating privileges under section 84.91; or the revocation of
151.32 motorboat operating privileges under section 86B.331.
151.33 (b) A person who violates subdivision 1, clause (a), (b),
151.34 (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance
151.35 in conformity with any of them, is guilty of a misdemeanor.
151.36 (c) A person is guilty of a gross misdemeanor under any of
152.1 the following circumstances:
152.2 (1) the person violates subdivision 1, clause (f);
152.3 (2) the person violates subdivision 1, clause (a), (b),
152.4 (c), (d), (e), (g), or (h), or subdivision 1a, within five years
152.5 of a prior impaired driving conviction or a prior license
152.6 revocation;
152.7 (3) the person violates section 169.26 while in violation
152.8 of subdivision 1; or
152.9 (4) the person violates subdivision 1 or 1a while a child
152.10 under the age of 16 is in the vehicle, if the child is more than
152.11 36 months younger than the violator.
152.12 A person convicted of a gross misdemeanor under this
152.13 paragraph is subject to the mandatory penalties provided in
152.14 subdivision 3d.
152.15 (d) A person is guilty of an enhanced gross misdemeanor
152.16 under any of the following circumstances:
152.17 (1) the person violates subdivision 1, clause (f), or
152.18 commits a violation described in paragraph (c), clause (3) or
152.19 (4), within ten years of one or more prior impaired driving
152.20 convictions or prior license revocations;
152.21 (2) the person violates subdivision 1, clause (a), (b),
152.22 (c), (d), (e), (g), or (h), or subdivision 1a, within ten years
152.23 of the first of two or more prior impaired driving convictions,
152.24 two or more prior license revocations, or any combination of two
152.25 or more prior impaired driving convictions and prior license
152.26 revocations, based on separate incidents.
152.27 A person convicted of an enhanced gross misdemeanor under
152.28 this paragraph may be sentenced to imprisonment in a local
152.29 correctional facility for not more than two years or to payment
152.30 of a fine of not more than $3,000, or both. Additionally, the
152.31 person is subject to the applicable mandatory penalties provided
152.32 in subdivision 3e.
152.33 (e) The court shall notify a person convicted of violating
152.34 subdivision 1 or 1a that the registration plates of the person's
152.35 motor vehicle may be impounded under section 168.042 and the
152.36 vehicle may be subject to forfeiture under section 169.1217 upon
153.1 a subsequent conviction for violating this section, section
153.2 169.129, or section 171.24, or a subsequent license revocation
153.3 under section 169.123. The notice must describe the conduct and
153.4 the time periods within which the conduct must occur in order to
153.5 result in plate impoundment or forfeiture. The failure of the
153.6 court to provide this information does not affect the
153.7 applicability of the plate impoundment or the forfeiture
153.8 provision to that person.
153.9 (f) The attorney in the jurisdiction in which the violation
153.10 occurred who is responsible for prosecution of misdemeanor
153.11 violations of this section shall also be responsible for
153.12 prosecution of gross misdemeanor and enhanced gross misdemeanor
153.13 violations of this section.
153.14 (g) The court must impose consecutive sentences when it
153.15 sentences a person for a violation of this section or section
153.16 169.129 arising out of separate behavioral incidents. The court
153.17 also must impose a consecutive sentence when it sentences a
153.18 person for a violation of this section or section 169.129 and
153.19 the person, at the time of sentencing, is on probation for, or
153.20 serving, an executed sentence for a violation of this section or
153.21 section 169.129 and the prior sentence involved a separate
153.22 behavioral incident. The court also may order that the sentence
153.23 imposed for a violation of this section or section 169.129 shall
153.24 run consecutively to a previously imposed misdemeanor, gross
153.25 misdemeanor, or felony sentence for a violation other than this
153.26 section or section 169.129.
153.27 (h) When the court stays the sentence of a person convicted
153.28 under this section, the length of the stay is governed by
153.29 section 609.135, subdivision 2.
153.30 (i) The court may impose consecutive sentences for offenses
153.31 arising out of a single course of conduct as permitted in
153.32 section 609.035, subdivision 2.
153.33 (j) When an attorney responsible for prosecuting gross
153.34 misdemeanors or enhanced gross misdemeanors under this section
153.35 requests criminal history information relating to prior impaired
153.36 driving convictions from a court, the court must furnish the
154.1 information without charge.
154.2 (k) A violation of subdivision 1a may be prosecuted either
154.3 in the jurisdiction where the arresting officer observed the
154.4 defendant driving, operating, or in control of the motor vehicle
154.5 or in the jurisdiction where the refusal occurred.
154.6 Sec. 147. Minnesota Statutes 1998, section 169.1217,
154.7 subdivision 7a, is amended to read:
154.8 Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A
154.9 motor vehicle used to commit a designated offense or used in
154.10 conduct resulting in a designated license revocation is subject
154.11 to administrative forfeiture under this subdivision.
154.12 (b) When a motor vehicle is seized under subdivision 2, the
154.13 appropriate agency shall serve the driver or operator of the
154.14 vehicle with a notice of the seizure and intent to forfeit the
154.15 vehicle. Additionally, when a motor vehicle is seized under
154.16 subdivision 2, or within a reasonable time after that, all
154.17 persons known to have an ownership or possessory interest in the
154.18 vehicle must be notified of the seizure and the intent to
154.19 forfeit the vehicle. Notice mailed by certified mail to the
154.20 address shown in department of public safety records is
154.21 sufficient notice to the registered owner of the vehicle.
154.22 Otherwise, notice may be given in the manner provided by law for
154.23 service of a summons in a civil action.
154.24 (c) The notice must be in writing and contain:
154.25 (1) a description of the vehicle seized;
154.26 (2) the date of seizure; and
154.27 (3) notice of the right to obtain judicial review of the
154.28 forfeiture and of the procedure for obtaining that judicial
154.29 review, printed in English, Hmong, and Spanish. Substantially
154.30 the following language must appear conspicuously: "IF YOU DO
154.31 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
154.32 STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT
154.33 TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
154.34 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT
154.35 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
154.36 UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE
155.1 IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM
155.2 IN CONCILIATION COURT."
155.3 (d) Within 30 days following service of a notice of seizure
155.4 and forfeiture under this subdivision, a claimant may file a
155.5 demand for a judicial determination of the forfeiture. The
155.6 demand must be in the form of a civil complaint and must be
155.7 filed with the court administrator in the county in which the
155.8 seizure occurred, together with proof of service of a copy of
155.9 the complaint on the prosecuting authority having jurisdiction
155.10 over the forfeiture, and the standard filing fee for civil
155.11 actions unless the petitioner has the right to sue in forma
155.12 pauperis under section 563.01. If the value of the seized
155.13 property is less than $500, the claimant may file an action in
155.14 conciliation court for recovery of the seized vehicle without
155.15 paying the conciliation court filing fee. No responsive
155.16 pleading is required of the prosecuting authority and no court
155.17 fees may be charged for the prosecuting authority's appearance
155.18 in the matter. Except as provided in this section, judicial
155.19 reviews and hearings are governed by section 169.123,
155.20 subdivisions 5c and 6, and shall take place at the same time as
155.21 any judicial review of the person's license revocation under
155.22 section 169.123. The proceedings may be combined with any
155.23 hearing on a petition filed under section 169.123, subdivision
155.24 5c, and are governed by the rules of civil procedure.
155.25 (e) The complaint must be captioned in the name of the
155.26 claimant as plaintiff and the seized vehicle as defendant, and
155.27 must state with specificity the grounds on which the claimant
155.28 alleges the vehicle was improperly seized and the plaintiff's
155.29 interest in the vehicle seized. Notwithstanding any law to the
155.30 contrary, an action for the return of a vehicle seized under
155.31 this section may not be maintained by or on behalf of any person
155.32 who has been served with a notice of seizure and forfeiture
155.33 unless the person has complied with this subdivision.
155.34 (f) If the claimant makes a timely demand for a judicial
155.35 determination under this subdivision, the appropriate agency
155.36 must conduct the forfeiture under subdivision 8.
156.1 (g) If a demand for judicial determination of an
156.2 administrative forfeiture is filed under this subdivision and
156.3 the court orders the return of the seized vehicle, the court
156.4 shall order that filing fees be reimbursed to the person who
156.5 filed the demand. In addition, the court may order the payment
156.6 of reasonable costs, expenses, and attorney fees under
156.7 section 549.21, subdivision 2 549.211.
156.8 Sec. 148. Minnesota Statutes 1998, section 169.1217,
156.9 subdivision 9, is amended to read:
156.10 Subd. 9. [DISPOSITION OF FORFEITED VEHICLE.] (a) If the
156.11 vehicle is administratively forfeited under subdivision 7a, or
156.12 if the court finds under subdivision 8 that the vehicle is
156.13 subject to forfeiture under subdivisions 6 and 7, the
156.14 appropriate agency shall:
156.15 (1) sell the vehicle and distribute the proceeds under
156.16 paragraph (b); or
156.17 (2) keep the vehicle for official use. If the agency keeps
156.18 a forfeited motor vehicle for official use, it shall make
156.19 reasonable efforts to ensure that the motor vehicle is available
156.20 for use by the agency's officers who participate in the drug
156.21 abuse resistance education program.
156.22 (b) The proceeds from the sale of forfeited vehicles, after
156.23 payment of seizure, storage, forfeiture, and sale expenses, and
156.24 satisfaction of valid liens against the property, must be
156.25 forwarded to the treasury of the political subdivision that
156.26 employs the appropriate agency responsible for the forfeiture
156.27 for use in DWI-related enforcement, training and education. If
156.28 the appropriate agency is an agency of state government, the net
156.29 proceeds must be forwarded to the state treasury and credited to
156.30 the general fund.
156.31 (c) The proceeds from the sale of forfeited off-road
156.32 recreational vehicles and motorboats, after payment of seizure,
156.33 storage, forfeiture, and sale expenses, and satisfaction of
156.34 valid liens against the property, must be forwarded to the state
156.35 treasury and credited to the following funds:
156.36 (1) if the forfeited vehicle is a motorboat, the net
157.1 proceeds must be credited to the water recreation account in the
157.2 natural resources fund;
157.3 (2) if the forfeited vehicle is a snowmobile, the net
157.4 proceeds must be credited to the snowmobile trails and
157.5 enforcement account in the natural resources fund;
157.6 (3) if the forfeited vehicle is an all-terrain vehicle, the
157.7 net proceeds must be credited to the all-terrain vehicle account
157.8 in the natural resources fund;
157.9 (4) if the forfeited vehicle is an off-highway motorcycle,
157.10 the net proceeds must be credited to the off-highway motorcycle
157.11 account in the natural resources fund;
157.12 (5) if the forfeited vehicle is an off-road vehicle, the
157.13 net proceeds must be credited to the off-road vehicle account in
157.14 the natural resources fund; and
157.15 (6) if otherwise, the net proceeds must be credited to the
157.16 general fund.
157.17 Sec. 149. Minnesota Statutes 1998, section 169.123,
157.18 subdivision 1, is amended to read:
157.19 Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of
157.20 this section, section 169.121, and section 169.1211, the term
157.21 peace officer means (1) a state patrol officer, (2) University
157.22 of Minnesota peace officer, (3) a constable as defined in
157.23 section 367.40, subdivision 3, (4) police officer of any
157.24 municipality, including towns having powers under section
157.25 368.01, or county, and (5) for purposes of violations of those
157.26 sections in or on an off-road recreational vehicle or motorboat,
157.27 or for violations of section 97B.065 or 97B.066, a state
157.28 conservation officer.
157.29 Sec. 150. Minnesota Statutes 1998, section 171.07,
157.30 subdivision 12, is amended to read:
157.31 Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The
157.32 department shall maintain in its records information transmitted
157.33 electronically from the commissioner of natural resources
157.34 identifying each person to whom the commissioner has issued a
157.35 snowmobile safety certificate. The records transmitted from the
157.36 department of natural resources must contain the full name and
158.1 date of birth as required for the driver's license or
158.2 identification card. Records that are not matched to a driver's
158.3 license or identification card record may be deleted after seven
158.4 years.
158.5 (b) After receiving information under paragraph (a) that a
158.6 person has received a snowmobile safety certificate, the
158.7 department shall include, on all drivers' licenses or Minnesota
158.8 identification cards subsequently issued to the person, a
158.9 graphic or written indication that the person has received the
158.10 certificate.
158.11 (c) If a person who has received a snowmobile safety
158.12 certificate applies for a driver's license or Minnesota
158.13 identification card before that information has been transmitted
158.14 to the department, the department may accept a copy of the
158.15 certificate as proof of its issuance and shall then follow the
158.16 procedures in paragraph (b).
158.17 Sec. 151. Minnesota Statutes 1998, section 171.07,
158.18 subdivision 13, is amended to read:
158.19 Subd. 13. [FIREARMS SAFETY DESIGNATION.] (a) When an
158.20 applicant has a record transmitted to the department as
158.21 described in paragraph (c) or presents a firearms safety
158.22 certificate issued for successfully completing a firearms safety
158.23 course administered under section 97B.015, voluntarily and
158.24 requests a driver's license or identification card described in
158.25 paragraph (b), pays the required fees, and otherwise qualifies,
158.26 the department shall issue, renew, or reissue to the applicant a
158.27 driver's license or Minnesota identification card described in
158.28 paragraph (b).
158.29 (b) Pursuant to paragraph (a), the department shall issue a
158.30 driver's license or Minnesota identification card bearing a
158.31 designation or symbolic representation, as designed by the
158.32 commissioner in consultation with the commissioner of natural
158.33 resources, indicating graphic or written indication that the
158.34 applicant has successfully completed a firearms safety
158.35 course and is knowledgeable in firearms safety administered
158.36 under section 97B.015.
159.1 (c) The department shall maintain in its records
159.2 information transmitted electronically from the commissioner of
159.3 natural resources identifying each person to whom the
159.4 commissioner has issued a firearms safety certificate. The
159.5 records transmitted from the department of natural resources
159.6 must contain the full name and date of birth as required for the
159.7 driver's license or identification card. Records that are not
159.8 matched to a driver's license or identification card record may
159.9 be deleted after seven years.
159.10 Sec. 152. Minnesota Statutes 1998, section 216C.41,
159.11 subdivision 2, is amended to read:
159.12 Subd. 2. [INCENTIVE PAYMENT.] Incentive payments shall be
159.13 made according to this section to the owner or operator of a
159.14 qualified hydropower facility or qualified wind energy
159.15 conversion facility for electric energy generated and sold by
159.16 the facility or, for a hydropower facility, generated and
159.17 distributed outside the facility. Payment may only be made upon
159.18 receipt by the commissioner of finance of an incentive payment
159.19 application that establishes that the applicant is eligible to
159.20 receive an incentive payment and that satisfies other
159.21 requirements the commissioner deems necessary. The application
159.22 shall be in a form and submitted at a time the commissioner
159.23 establishes. There is annually appropriated from the general
159.24 fund sums sufficient to make the payments required under this
159.25 section.
159.26 Sec. 153. Minnesota Statutes 1998, section 223.17,
159.27 subdivision 3, is amended to read:
159.28 Subd. 3. [GRAIN BUYERS AND STORAGE FUND ACCOUNT; FEES.]
159.29 The commissioner shall set the fees for inspections under
159.30 sections 223.15 to 223.22 at levels necessary to pay the
159.31 expenses of administering and enforcing sections 223.15 to
159.32 223.22. These fees may be adjusted pursuant to the provisions
159.33 of section 16A.1285.
159.34 The fee for any license issued or renewed after June 30,
159.35 1997, shall be set according to the following schedule:
159.36 (a) $100 plus $50 for each additional location for grain
160.1 buyers whose gross annual purchases are less than $100,000;
160.2 (b) $200 plus $50 for each additional location for grain
160.3 buyers whose gross annual purchases are at least $100,000, but
160.4 not more than $750,000;
160.5 (c) $300 plus $100 for each additional location for grain
160.6 buyers whose gross annual purchases are more than $750,000 but
160.7 not more than $1,500,000;
160.8 (d) $400 plus $100 for each additional location for grain
160.9 buyers whose gross annual purchases are more than $1,500,000 but
160.10 not more than $3,000,000; and
160.11 (e) $500 plus $100 for each additional location for grain
160.12 buyers whose gross annual purchases are more than $3,000,000.
160.13 There is created in the state treasury the grain buyers and
160.14 storage account in the agricultural fund. Money collected
160.15 pursuant to sections 223.15 to 223.19 shall be paid into the
160.16 state treasury and credited to the grain buyers and storage fund
160.17 account and is appropriated to the commissioner for the
160.18 administration and enforcement of sections 223.15 to 223.22.
160.19 Sec. 154. Minnesota Statutes 1998, section 231.16, is
160.20 amended to read:
160.21 231.16 [WAREHOUSE OPERATOR TO OBTAIN LICENSE.]
160.22 Every person desiring to engage in the business of
160.23 warehouse operator, before engaging therein, shall be licensed
160.24 annually by, and shall be under the supervision and subject to
160.25 the inspection of, the department. Written application in the
160.26 form prescribed by the department shall be made to the
160.27 department for license, specifying the city in which it is
160.28 proposed to carry on the business of warehousing, the location,
160.29 size, character, and equipment of the buildings or premises to
160.30 be used by the warehouse operator, the kind of goods, wares, and
160.31 merchandise intended to be stored therein, the name of the
160.32 person or corporation operating the same, and of each member of
160.33 the firm or officer of the corporation, and any other facts
160.34 necessary to satisfy the department that the property proposed
160.35 to be used is suitable for warehouse purposes and that the
160.36 warehouse operator making the application is qualified to carry
161.1 on the business of warehousing. Should the department decide
161.2 that the building or other property proposed to be used as a
161.3 warehouse is suitable for the proposed purpose and that the
161.4 applicants are entitled to a license, notice of the decision
161.5 shall be given the interested parties and, upon the applicants
161.6 filing with the department the necessary bond, as provided for
161.7 in this chapter, the department shall issue the license provided
161.8 for, upon payment of the license fee, as in this section
161.9 provided. A warehouse operator to whom a license is issued
161.10 shall pay for the license a fee based on the storage capacity of
161.11 the warehouse as follows:
161.12 Storage capacity in square feet
161.13 (1) 5,000 or less $ 80
161.14 (2) 5,001 to 10,000 $155
161.15 (3) 10,001 to 20,000 $250
161.16 (4) 20,001 to 100,000 $315
161.17 (5) 100,001 to 200,000 $410
161.18 (6) over 200,000 $470
161.19 Fees collected under this chapter shall be paid into the
161.20 grain buyers and storage fund account established in section
161.21 232.22.
161.22 The license shall be renewed annually on or before July 1,
161.23 and always upon payment of the full license fee, as provided for
161.24 in this section for such renewal; and no license shall be issued
161.25 for any portion of a year for less than the full amount of the
161.26 license fee, as provided for in this section. Each license
161.27 obtained under this chapter shall be publicly displayed in the
161.28 main office of the place of business of the warehouse operator
161.29 to whom it is issued. The license shall authorize the warehouse
161.30 operator to carry on the business of warehousing only in the one
161.31 city or town named in the application and in the buildings
161.32 therein described. The department, without requiring an
161.33 additional bond and license, may issue permits from time to time
161.34 to any warehouse operator already duly licensed under the
161.35 provisions of this chapter to operate an additional warehouse in
161.36 the same city or town for which the original license was issued
162.1 during the term thereof, upon the filing an application for a
162.2 permit in the form prescribed by the department.
162.3 License may be refused for good cause shown and revoked by
162.4 the department for violation of law or of any rule by it
162.5 prescribed, upon notice and after hearing.
162.6 Sec. 155. Minnesota Statutes 1998, section 232.22,
162.7 subdivision 3, is amended to read:
162.8 Subd. 3. [FEES; GRAIN BUYERS AND STORAGE FUND ACCOUNT.]
162.9 There is created in the state treasury agricultural fund an
162.10 account known as the grain buyers and storage fund account. The
162.11 commissioner shall set the fees for inspections, certifications
162.12 and licenses under sections 232.20 to 232.25 at levels necessary
162.13 to pay the costs of administering and enforcing sections 232.20
162.14 to 232.25. All money collected pursuant to sections 232.20 to
162.15 232.25 and chapters 233 and 236 shall be paid by the
162.16 commissioner into the state treasury and credited to the grain
162.17 buyers and storage fund account and is appropriated to the
162.18 commissioner for the administration and enforcement of sections
162.19 232.20 to 232.25 and chapters 233 and 236. All money collected
162.20 pursuant to chapter 231 shall be paid by the commissioner into
162.21 the grain buyers and storage fund account and is appropriated to
162.22 the commissioner for the administration and enforcement of
162.23 chapter 231.
162.24 Sec. 156. Minnesota Statutes 1998, section 233.08, is
162.25 amended to read:
162.26 233.08 [LICENSE.]
162.27 No public terminal warehouse may be operated or receive
162.28 grain for storage until the owners or parties in charge and
162.29 operating the warehouse obtain a license from the department
162.30 authorizing the warehouse operator to operate a warehouse under
162.31 this chapter. Licenses issued or renewed annually expire at
162.32 midnight on June 30 following the date of issuance or renewal.
162.33 Before a license may be issued, written application must be made
162.34 to the department for a license specifying the kind of
162.35 warehouse, the nature of its construction, its capacity and
162.36 location, the name of the firm or corporation operating it, each
163.1 member of the firm or officer of the corporation, and other
163.2 facts the department requires. The department shall act on the
163.3 application with reasonable dispatch. If no reason exists for
163.4 refusing the application, a license must be issued upon the
163.5 payment of the fee set by the commissioner. The amount of the
163.6 fee must be set to cover the costs of administering and
163.7 enforcing this chapter.
163.8 A license may be revoked by the department for violation of
163.9 the law or a rule of the department, but may only be revoked
163.10 upon a written notice or complaint specifying the charges and
163.11 after a hearing before the department. A license may be refused
163.12 to a warehouse operator whose license has been revoked within
163.13 the preceding year.
163.14 Fees collected under this chapter must be paid into the
163.15 grain buyers and storage fund account established in section
163.16 232.22.
163.17 Sec. 157. Minnesota Statutes 1998, section 236.02,
163.18 subdivision 4, is amended to read:
163.19 Subd. 4. [FEES.] The license fee must be set by the
163.20 commissioner in an amount sufficient to cover the costs of
163.21 administering and enforcing this chapter. Fees collected under
163.22 this chapter must be paid into the grain buyers and storage fund
163.23 account established in section 232.22.
163.24 Sec. 158. Minnesota Statutes 1998, section 282.018,
163.25 subdivision 1, is amended to read:
163.26 Subdivision 1. [LAND ON OR ADJACENT TO PUBLIC WATERS.] (a)
163.27 All land which is the property of the state as a result of
163.28 forfeiture to the state for nonpayment of taxes, regardless of
163.29 whether the land is held in trust for taxing districts, and
163.30 which borders on or is adjacent to meandered lakes and other
163.31 public waters and watercourses, and the live timber growing or
163.32 being thereon, is hereby withdrawn from sale except as
163.33 hereinafter provided. The authority having jurisdiction over
163.34 the timber on any such lands may sell the timber as otherwise
163.35 provided by law for cutting and removal under such conditions as
163.36 the authority may prescribe in accordance with approved,
164.1 sustained yield forestry practices. The authority having
164.2 jurisdiction over the timber shall reserve such timber and
164.3 impose such conditions as the authority deems necessary for the
164.4 protection of watersheds, wildlife habitat, shorelines, and
164.5 scenic features. Within the area in Cook, Lake, and St. Louis
164.6 counties described in the Act of Congress approved July 10, 1930
164.7 (46 Stat. 1020), the timber on tax-forfeited lands shall be
164.8 subject to like restrictions as are now imposed by that act on
164.9 federal lands.
164.10 (b) Of all tax-forfeited land bordering on or adjacent to
164.11 meandered lakes and other public waters and watercourses and so
164.12 withdrawn from sale, a strip two rods in width, the ordinary
164.13 high-water mark being the waterside boundary thereof, and the
164.14 land side boundary thereof being a line drawn parallel to the
164.15 ordinary high-water mark and two rods distant landward
164.16 therefrom, hereby is reserved for public travel thereon, and
164.17 whatever the conformation of the shore line or conditions
164.18 require, the authority having jurisdiction over such lands shall
164.19 reserve a wider strip for such purposes.
164.20 (c) Any tract or parcel of land which has 50 feet or less
164.21 of waterfront may be sold by the authority having jurisdiction
164.22 over the land, in the manner otherwise provided by law for the
164.23 sale of such lands, if the authority determines that it is in
164.24 the public interest to do so. If the authority having
164.25 jurisdiction over the land is not the commissioner of natural
164.26 resources, the land may not be offered for sale without the
164.27 prior approval of the commissioner of natural resources.
164.28 (d) Where the authority having jurisdiction over lands
164.29 withdrawn from sale under this section is not the commissioner
164.30 of natural resources, the authority may submit proposals for
164.31 disposition of the lands to the commissioner. The commissioner
164.32 of natural resources shall evaluate the lands and their public
164.33 benefits and make recommendations on the proposed dispositions
164.34 to the committees of the legislature with jurisdiction over
164.35 natural resources. The commissioner shall include any
164.36 recommendations of the commissioner for disposition of lands
165.1 withdrawn from sale under this section over which the
165.2 commissioner has jurisdiction. The commissioner's
165.3 recommendations may include a public sale, sale to a private
165.4 party, acquisition by the department of natural resources for
165.5 public purposes, retention of a conservation easement for
165.6 shoreland preservation by the commissioner under chapter 84C, or
165.7 a cooperative management agreement with, or transfer to, another
165.8 unit of government.
165.9 Sec. 159. Minnesota Statutes 1998, section 290.431, is
165.10 amended to read:
165.11 290.431 [NONGAME WILDLIFE CHECKOFF.]
165.12 Every individual who files an income tax return or property
165.13 tax refund claim form may designate on their original return
165.14 that $1 or more shall be added to the tax or deducted from the
165.15 refund that would otherwise be payable by or to that individual
165.16 and paid into an account to be established for the management of
165.17 nongame wildlife. The commissioner of revenue shall, on the
165.18 income tax return and the property tax refund claim form, notify
165.19 filers of their right to designate that a portion of their tax
165.20 or refund shall be paid into the nongame wildlife management
165.21 account. The sum of the amounts so designated to be paid shall
165.22 be credited to the nongame wildlife management account for use
165.23 by the nongame program of the section of wildlife in the
165.24 department of natural resources. For each $3 contributed to the
165.25 nongame wildlife management account under this section, the
165.26 commissioner of finance must transfer $1 from the general fund
165.27 to the nongame wildlife management account. All interest earned
165.28 on money accrued, gifts to the program, contributions to the
165.29 program, and reimbursements of expenditures in the nongame
165.30 wildlife management account shall be credited to the account by
165.31 the state treasurer. The commissioner of natural resources
165.32 shall submit a work program for each fiscal year and semiannual
165.33 progress reports to the legislative commission on Minnesota
165.34 resources in the form determined by the commission. None of the
165.35 money provided in this section may be expended unless the
165.36 commission has approved the work program.
166.1 The state pledges and agrees with all contributors to the
166.2 nongame wildlife management account to use the funds contributed
166.3 solely for the management of nongame wildlife projects and
166.4 further agrees that it will not impose additional conditions or
166.5 restrictions that will limit or otherwise restrict the ability
166.6 of the commissioner of natural resources to use the available
166.7 funds for the most efficient and effective management of nongame
166.8 wildlife.
166.9 Sec. 160. Minnesota Statutes 1998, section 290.432, is
166.10 amended to read:
166.11 290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.]
166.12 A corporation that files an income tax return may designate
166.13 on its original return that $1 or more shall be added to the tax
166.14 or deducted from the refund that would otherwise be payable by
166.15 or to that corporation and paid into the nongame wildlife
166.16 management account established by section 290.431 for use by the
166.17 section of wildlife in the department of natural resources for
166.18 its nongame wildlife program. The commissioner of revenue
166.19 shall, on the corporate tax return, notify filers of their right
166.20 to designate that a portion of their tax return be paid into the
166.21 nongame wildlife management account for the protection of
166.22 endangered natural resources. For each $3 contributed to the
166.23 nongame wildlife management account under this section, the
166.24 commissioner of finance must transfer $1 from the general fund
166.25 to the nongame wildlife management account. All interest earned
166.26 on money accrued, gifts to the program, contributions to the
166.27 program, and reimbursements of expenditures in the nongame
166.28 wildlife management account shall be credited to the account by
166.29 the state treasurer. The commissioner of natural resources
166.30 shall submit a work program for each fiscal year to the
166.31 legislative commission on Minnesota resources in the form
166.32 determined by the commission. None of the money provided in
166.33 this section may be spent unless the commission has approved the
166.34 work program.
166.35 The state pledges and agrees with all corporate
166.36 contributors to the nongame wildlife account to use the funds
167.1 contributed solely for the nongame wildlife program and further
167.2 agrees that it will not impose additional conditions or
167.3 restrictions that will limit or otherwise restrict the ability
167.4 of the commissioner of natural resources to use the available
167.5 funds for the most efficient and effective management of those
167.6 programs.
167.7 Sec. 161. Minnesota Statutes 1998, section 297A.44,
167.8 subdivision 1, is amended to read:
167.9 Subdivision 1. (a) Except as provided in paragraphs (b) to
167.10 (d) (e), all revenues, including interest and penalties, derived
167.11 from the excise and use taxes imposed by sections 297A.01 to
167.12 297A.44 shall be deposited by the commissioner in the state
167.13 treasury and credited to the general fund.
167.14 (b) All excise and use taxes derived from sales and use of
167.15 property and services purchased for the construction and
167.16 operation of an agricultural resource project, from and after
167.17 the date on which a conditional commitment for a loan guaranty
167.18 for the project is made pursuant to section 41A.04, subdivision
167.19 3, shall be deposited in the Minnesota agricultural and economic
167.20 account in the special revenue fund. The commissioner of
167.21 finance shall certify to the commissioner the date on which the
167.22 project received the conditional commitment. The amount
167.23 deposited in the loan guaranty account shall be reduced by any
167.24 refunds and by the costs incurred by the department of revenue
167.25 to administer and enforce the assessment and collection of the
167.26 taxes.
167.27 (c) All revenues, including interest and penalties, derived
167.28 from the excise and use taxes imposed on sales and purchases
167.29 included in section 297A.01, subdivision 3, paragraphs (d) and
167.30 (k), clauses (1) and (2), must be deposited by the commissioner
167.31 in the state treasury, and credited as follows:
167.32 (1) first to the general obligation special tax bond debt
167.33 service account in each fiscal year the amount required by
167.34 section 16A.661, subdivision 3, paragraph (b); and
167.35 (2) after the requirements of clause (1) have been met, the
167.36 balance must be credited to the general fund.
168.1 (d) The revenues, including interest and penalties,
168.2 collected under section 297A.135, subdivision 5, shall be
168.3 deposited by the commissioner in the state treasury and credited
168.4 to the general fund. By July 15 of each year the commissioner
168.5 shall transfer to the highway user tax distribution fund an
168.6 amount equal to the excess fees collected under section
168.7 297A.135, subdivision 5, for the previous calendar year.
168.8 (e) After June 30, 2001, the revenues, including interest
168.9 and penalties, transmitted to the commissioner under section
168.10 297A.259, shall be deposited by the commissioner in the state
168.11 treasury with 60 percent credited to the game and fish fund and
168.12 40 percent credited to the environment and natural resources
168.13 trust fund.
168.14 Sec. 162. Minnesota Statutes 1998, section 446A.072,
168.15 subdivision 4, is amended to read:
168.16 Subd. 4. [FUNDING LEVEL.] (a) The authority shall provide
168.17 supplemental assistance for essential project component costs as
168.18 certified by the commissioner of the pollution control agency
168.19 under section 116.182, subdivision 4.
168.20 (b) Except as provided in paragraph (c), a municipality may
168.21 not receive more than $4,000,000 under this section unless
168.22 specifically approved by law.
168.23 (c) A sanitary district created by order of the agency may
168.24 not receive more than an amount equal to the maximum in
168.25 paragraph (b) times the number of territorial units included in
168.26 the territory of the sanitary district.
168.27 (c) (d) The authority shall provide supplemental assistance
168.28 for up to one-half of the eligible grant funding level
168.29 determined by the United States Department of Agriculture Rural
168.30 Development funding for projects listed on the agency's project
168.31 priority list, in priority order. For municipalities that are
168.32 not eligible for United States Department of Agriculture Rural
168.33 Development funding for wastewater, the authority shall provide
168.34 supplemental assistance for: (1) essential project component
168.35 costs calculated by first determining the amount needed to
168.36 reduce a municipality's annual residential sewer costs to 1.4
169.1 percent of the municipality's median household income or $25 per
169.2 month per household, whichever is greater, and then multiplying
169.3 that amount by 80 percent to determine the actual award amount
169.4 to supplement loans under section 446A.07; and (2) up to 50
169.5 percent of the incremental costs specifically identified by the
169.6 agency as being attributable to more stringent wastewater
169.7 standards required to protect outstanding resource value waters
169.8 or outstanding international resource value waters.
169.9 (d) (e) Notwithstanding paragraph (b), in the event that a
169.10 municipality's monthly residential sewer service charges average
169.11 above $50, the authority will provide 90 percent of the grant
169.12 amount needed to reduce the average monthly sewer service charge
169.13 to $50, provided the project is ranked in the top 50 percentile
169.14 of the agency's intended use plan.
169.15 (e) (f) Notwithstanding paragraphs (b), (c) (d),
169.16 and (d) (e), a municipality with an annual median household
169.17 income of $40,000 or greater shall not be eligible for a grant,
169.18 except for incremental costs specifically identified by the
169.19 agency as being attributable to more stringent wastewater
169.20 standards required to protect outstanding resource value waters
169.21 or outstanding international resource value waters.
169.22 (f) (g) The authority shall provide supplemental assistance
169.23 to a municipality that would not otherwise qualify for
169.24 supplemental assistance if:
169.25 (1) the municipality voluntarily accepts a sewer connection
169.26 from another governmental unit to serve residential, industrial,
169.27 or commercial developments that were completed before March 1,
169.28 1996, or are on lots whose plats were recorded before that date;
169.29 and
169.30 (2) fees charged by the municipality for the connection
169.31 must take into account state and federal grants used by the
169.32 municipality for the construction of the treatment plant.
169.33 The amount of supplemental assistance under this paragraph must
169.34 be sufficient to reduce debt service payments under section
169.35 446A.07 to an extent equivalent to a zero percent loan in an
169.36 amount up to the other governmental unit's project costs
170.1 necessary for connection. Eligibility for supplemental
170.2 assistance under this paragraph ends three years after the
170.3 agency certifies that the connection has met the operational
170.4 performance standards established by the agency.
170.5 Sec. 163. Minnesota Statutes 1998, section 574.263, is
170.6 amended to read:
170.7 574.263 [FORESTRY NATURAL RESOURCE DEVELOPMENT PROJECTS.]
170.8 Subdivision 1. [DEFINITION.] For the purposes of this
170.9 section and section 574.264, "forestry natural resource
170.10 development project" includes site preparation by discing,
170.11 shearing, rock raking or piling, patch scarification, or
170.12 furrowing; prairie restoration; creation of wildlife openings
170.13 and other wildlife habitat improvements; landscape clearing;
170.14 tree planting; tree seeding; tree pruning; timber stand
170.15 improvement by thinning or clearing existing forest trees by
170.16 manual, mechanical, or chemical techniques; or forest road and
170.17 bridge construction, reconstruction, and maintenance of
170.18 department of natural resources trails, public accesses, water
170.19 control structures, fish barriers, sewage treatment systems,
170.20 roads, and bridges.
170.21 Subd. 2. [CONTRACTOR'S BOND.] A contract with the state
170.22 for a forestry natural resource development project may require
170.23 a performance bond at the discretion of the commissioner of
170.24 natural resources. If the commissioner determines that a
170.25 performance bond is required, it shall not be less than five
170.26 percent of the contract price.
170.27 Subd. 3. [BID DEPOSIT IN PLACE OF PERFORMANCE BOND.] For a
170.28 contract made by the commissioner for a forestry natural
170.29 resource development project, the commissioner may require a bid
170.30 deposit in place of a performance bond for charges that may
170.31 accrue because of doing the specified work and to enforce the
170.32 terms of the contract. The commissioner may set the amount of
170.33 the bid deposit, but it may not be less than five percent of the
170.34 contract price.
170.35 Subd. 4. [PAYMENT BOND.] A contract with the state for
170.36 a forestry natural resource development project may require a
171.1 payment bond at the discretion of the commissioner of natural
171.2 resources. If the commissioner determines that a payment bond
171.3 is required, the commissioner also has the discretion to decide
171.4 whether the bond may be in the form of securities in place of a
171.5 bond as provided in section 574.264. If so, the securities
171.6 cannot have less value than five percent of the contract price.
171.7 Sec. 164. Minnesota Statutes 1998, section 574.264,
171.8 subdivision 1, is amended to read:
171.9 Subdivision 1. [FOREST NATURAL RESOURCE DEVELOPMENT
171.10 PROJECTS.] In place of a performance or payment bond or bid
171.11 deposit for a state contract for a forestry natural resource
171.12 development project less than $50,000, the person required to
171.13 file the bond or bid deposit may deposit in a local designated
171.14 state depository or with the state treasurer a certified check,
171.15 a cashier's check, a postal, bank, or express money order,
171.16 assignable bonds or notes of the United States, or an assignment
171.17 of a bank savings account or investment certificate or an
171.18 irrevocable bank letter of credit, in the same amount that would
171.19 be required for the bond or bid deposit. If securities listed
171.20 in this section are deposited, their value shall not be less
171.21 than the amount required for the bond or bid deposit and the
171.22 person required to file the bond or bid deposit shall submit an
171.23 agreement authorizing the commissioner to sell or otherwise take
171.24 possession of the securities in the event of default under the
171.25 contract or nonpayment of any persons furnishing labor and
171.26 materials under, or to perform, the contract.
171.27 Sec. 165. Laws 1994, chapter 643, section 27, subdivision
171.28 2, as amended by Laws 1996, chapter 463, section 54, is amended
171.29 to read:
171.30 Subd. 2. [MARINE EDUCATION CENTER.] $20,500,000
171.31 To design, construct, furnish, and
171.32 equip a marine education center and
171.33 related visitor improvements at the
171.34 zoo. This appropriation is intended to
171.35 complete the project.
171.36 All of the debt service costs on the
171.37 bonds sold to finance this project that
171.38 are due and payable before fiscal year
171.39 1998 must be paid from dedicated
171.40 receipts of the Minnesota zoological
172.1 garden to the commissioner of finance
172.2 as required by Minnesota Statutes,
172.3 section 16A.643. Beginning in fiscal
172.4 year 1998, 60 percent of the debt
172.5 service costs on the bonds sold to
172.6 finance this project must be paid from
172.7 dedicated receipts of the Minnesota
172.8 zoological garden to the commissioner
172.9 of finance as required by Minnesota
172.10 Statutes, section 16A.643.
172.11 The board may not institute an
172.12 admission fee increase before April 1,
172.13 2000.
172.14 Sec. 166. Laws 1995, chapter 220, section 142, as amended
172.15 by Laws 1995, chapter 263, section 12, and Laws 1996, chapter
172.16 351, section 1, is amended to read:
172.17 Sec. 142. [EFFECTIVE DATES.]
172.18 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117,
172.19 and 141, paragraph (d), are effective the day following final
172.20 enactment.
172.21 Sections 114, 115, 118, and 121 are effective January 1,
172.22 1996.
172.23 Sections 120, subdivisions 2, 3, 4, and 5, and 141,
172.24 paragraph (c), are effective July 1, 1996.
172.25 Section 141, paragraph (b), is effective June 30, 1999 2001.
172.26 Sec. 167. Laws 1998, chapter 401, section 53, is amended
172.27 to read:
172.28 Sec. 53. [FEEDLOT RULES.]
172.29 By March December 1, 1999, the commissioner of the
172.30 pollution control agency must submit a copy of updated feedlot
172.31 permit rules as prescribed in Minnesota Statutes, section
172.32 116.07, subdivision 7, paragraph (i). The updated rules must
172.33 become effective no later than June 1, 1999 April 1, 2000.
172.34 Sec. 168. [PRIVATE CONVEYANCE OF STATE LAND; ROCK COUNTY.]
172.35 (a) Notwithstanding Minnesota Statutes, sections 94.09 to
172.36 94.16, the commissioner of natural resources may sell the
172.37 state-owned land described in paragraph (c) by private sale to
172.38 the adjacent landowner east of the township road.
172.39 (b) The consideration for the sale shall be the land's
172.40 appraised value as certified by the state and the conveyance
172.41 shall be in a form approved by the attorney general.
173.1 (c) The land to be sold is located in Rock county, consists
173.2 of 0.6 acres, more or less, and is described as:
173.3 That part of the Northwest Quarter of Section 13, Township
173.4 103 North, Range 45 West, described as follows:
173.5 Commencing at the West Quarter corner of Section 13; thence
173.6 North 00 degrees 17 minutes 27 seconds West (assumed
173.7 bearing) along the west line of the Northwest Quarter of
173.8 said section a distance of 128.17 feet to the point of
173.9 beginning; thence continuing North 00 degrees 17 minutes 27
173.10 seconds West along said west line a distance of 11.84 feet
173.11 to a point 140.00 feet north of the south line of the
173.12 Northwest Quarter of said section and the northwest corner
173.13 of that certain tract of land conveyed to the state of
173.14 Minnesota by final certificate, filed for record in the
173.15 office of the Rock county recorder on May 19, 1938, in Book
173.16 "M" of Miscl., pages 515-517; thence South 89 degrees 28
173.17 minutes 55 seconds East parallel with the south line of the
173.18 Northwest Quarter of said section and along the north line
173.19 of said tract a distance of 1474.45 feet to the northeast
173.20 corner of said tract; thence South 00 degrees 17 minutes 27
173.21 seconds East parallel with the west line of said section
173.22 and along the east line of said tract a distance of 25.29
173.23 feet to an iron stake with DNR caps; thence North 88
173.24 degrees 57 minutes 33 seconds West along an existing fence
173.25 line a distance of 1092.38 feet to Point A and an iron
173.26 stake; thence continuing North 88 degrees 57 minutes 33
173.27 seconds West along said fence line extended a distance of
173.28 382.32 feet to said point of beginning.
173.29 Said tract is subject to a roadway easement and any other
173.30 easements of record if any.
173.31 (d) The deed from the commissioner shall include the
173.32 following restrictive covenant: that part of the above
173.33 described tract of land lying easterly of and within 60 feet of
173.34 Point A shall be maintained in tall grass cover with no use for
173.35 livestock purposes. A breach of such restrictive covenant shall
173.36 result in the automatic reversion of the restricted land to the
174.1 state.
174.2 Sec. 169. [STUDY COMMITTEE REGARDING NEED FOR CENTRAL
174.3 COLLECTION WASTEWATER TREATMENT SYSTEM.]
174.4 The commissioner of the Minnesota pollution control agency
174.5 shall convene a committee of interested persons to address the
174.6 need for central collection wastewater treatment systems in
174.7 unsewered areas. The committee shall evaluate the effectiveness
174.8 of alternative system designs and identify regulatory and other
174.9 barriers to cost-efficient design and construction. By January
174.10 15, 2000, the commissioner shall report the results of the
174.11 committee's evaluation to the house and senate committees with
174.12 jurisdiction over environmental policy and budget issues.
174.13 Sec. 170. [ECONOMIC BENEFITS OF TRAILS; STUDY.]
174.14 The commissioner of natural resources shall conduct a study
174.15 on the economic benefits of state trails. The study shall be
174.16 done in consultation with the office of tourism and the
174.17 University of Minnesota. By January 15, 2001, the commissioner
174.18 shall report the results of the study to the chairs of the
174.19 legislative committees with jurisdiction over the environment
174.20 and natural resources policy and finance issues.
174.21 Sec. 171. [REPEALER.]
174.22 Minnesota Statutes, sections 115A.929; 115A.9651; 115A.981;
174.23 297H.13, subdivisions 3 and 6; and 473.845, subdivision 2, are
174.24 repealed.
174.25 Sections 135 to 139 are repealed effective June 30, 2007.
174.26 Sec. 172. [EFFECTIVE DATE.]
174.27 Section 51 is effective July 1, 1999, and applies to
174.28 agreements made effective after that date.
174.29 Sections 17, 61, 89 to 97, and 166 are effective the day
174.30 following final enactment.
174.31 Sections 101 to 109, and 111 are effective on March 1, 2000.