2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental, natural 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; 41B.044, subdivision 2; 84.027, 1.21 subdivision 15; 84.0855, subdivision 2, and by adding 1.22 a subdivision; 84.81, by adding a subdivision; 1.23 84.8205, by adding a subdivision; 84.83, subdivisions 1.24 3 and 4; 84.86, subdivision 1; 84.862, subdivisions 1 1.25 and 2; 84.872, subdivision 1; 84.91, subdivision 1; 1.26 84.98, subdivision 6; 84A.55, subdivision 5; 85.015, 1.27 subdivision 4, and by adding a subdivision; 85.019, 1.28 subdivision 2, and by adding subdivisions; 85.40, 1.29 subdivision 5; 85.41, subdivisions 1, 4, and 5; 85.42; 1.30 85.44; 85.45, subdivision 1; 88.067; 89A.01, by adding 1.31 a subdivision; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 1.32 89A.07, subdivisions 3 and 5; 89A.10; 92.45; 92.46, 1.33 subdivision 1; 97A.075, subdivision 1; 97B.020; 1.34 103G.271, subdivision 6; 115.55, subdivision 5a; 1.35 115A.908, subdivision 2; 115A.9651, subdivision 6; 1.36 115B.175, subdivision 2; 115B.39, subdivision 2; 1.37 115B.40, subdivisions 2, 3, 4, 5, 6, 7, and 8; 1.38 115B.405, subdivision 1; 115B.412, subdivision 3; 1.39 115B.42; 115B.43, subdivision 1; 115B.442, by adding a 1.40 subdivision; 115B.445; 115B.48, subdivision 8; 1.41 116.072, subdivision 1; 116.073, subdivisions 1 and 2; 1.42 116O.09, subdivision 5; 169.121, subdivision 3; 1.43 169.1217, subdivisions 7a and 9; 169.123, subdivision 1.44 1; 171.07, subdivisions 12 and 13; 216C.41, 1.45 subdivision 2; 223.17, subdivision 3; 231.16; 232.22, 1.46 subdivision 3; 233.08; 236.02, subdivision 4; 290.431; 2.1 290.432; 446A.072, subdivision 4; 574.263; and 2.2 574.264, subdivision 1; Laws 1994, chapter 643, 2.3 section 27, subdivision 2, as amended; Laws 1995, 2.4 chapter 220, section 142, as amended; and Laws 1998, 2.5 chapter 401, section 53; proposing coding for new law 2.6 in Minnesota Statutes, chapters 18; 28A; 31B; 41B; 84; 2.7 85; 97C; 103G; 115B; and 116; repealing Minnesota 2.8 Statutes 1998, sections 115A.981; 297H.13, 2.9 subdivisions 3 and 6; and 473.845, subdivision 2. 2.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.11 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 2.12 The sums shown in the columns marked "APPROPRIATIONS" are 2.13 appropriated from the general fund, or another named fund, to 2.14 the agencies and for the purposes specified in this act, to be 2.15 available for the fiscal years indicated for each purpose. The 2.16 figures "1999," "2000," and "2001," where used in this act, mean 2.17 that the appropriation or appropriations listed under them are 2.18 available for the year ending June 30, 1999, June 30, 2000, or 2.19 June 30, 2001, respectively. 2.20 SUMMARY BY FUND 2.21 2000 2001 TOTAL 2.22 General $216,471,000 $207,477,000 $423,948,000 2.23 Petroleum Tank 3,333,000 3,393,000 6,726,000 2.24 State Government 2.25 Special Revenue 44,000 45,000 89,000 2.26 Special Revenue 200,000 200,000 400,000 2.27 Environmental 21,665,000 22,107,000 43,772,000 2.28 Solid Waste 9,072,000 9,229,000 18,301,000 2.29 Natural 2.30 Resources 25,273,000 24,623,000 49,896,000 2.31 Game and Fish 60,438,000 61,521,000 121,959,000 2.32 Minnesota 2.33 Future Resources 16,040,000 -0- 16,040,000 2.34 Environmental Trust 13,005,000 13,005,000 26,010,000 2.35 Great Lakes 2.36 Protection 200,000 -0- 200,000 2.37 TOTAL 365,741,000 341,600,000 707,341,000 2.38 APPROPRIATIONS 2.39 Available for the Year 2.40 Ending June 30 2.41 2000 2001 2.42 Sec. 2. POLLUTION CONTROL 2.43 AGENCY 2.44 Subdivision 1. Total 3.1 Appropriation 48,612,000 49,799,000 3.2 Summary by Fund 3.3 General 16,202,000 16,740,000 3.4 Petroleum Tank 3,333,000 3,393,000 3.5 State Government 3.6 Special Revenue 44,000 45,000 3.7 Environmental 20,061,000 20,492,000 3.8 Solid Waste 8,972,000 9,129,000 3.9 The amounts that may be spent from this 3.10 appropriation for each program are 3.11 specified in the following subdivisions. 3.12 Subd. 2. Protection of the Water 3.13 15,059,000 15,633,000 3.14 Summary by Fund 3.15 General 12,399,000 12,908,000 3.16 State Government 3.17 Special Revenue 44,000 45,000 3.18 Environmental 2,616,000 2,680,000 3.19 $1,973,000 the first year and 3.20 $1,973,000 the second year are for 3.21 grants to local units of government for 3.22 the clean water partnership program. 3.23 Of these amounts, $80,000 the first 3.24 year and $80,000 the second year are 3.25 for administration of the program. Any 3.26 unencumbered balance remaining in the 3.27 first year does not cancel and is 3.28 available for the second year of the 3.29 biennium. 3.30 $523,000 the first year and $528,000 3.31 the second year are for the Minnesota 3.32 River nonpoint source pollution program 3.33 and must be matched by federal dollars. 3.34 $1,470,000 the first year and 3.35 $1,841,000 the second year are for 3.36 grants for county administration of the 3.37 feedlot permit program. These amounts 3.38 are transferred to the board of water 3.39 and soil resources for disbursement in 3.40 accordance with Minnesota Statutes, 3.41 section 103B.3369, in cooperation with 3.42 the pollution control agency. Grants 3.43 must be matched with a combination of 3.44 local cash and/or in-kind 3.45 contributions. Counties receiving 3.46 these grants shall submit an annual 3.47 report to the pollution control agency 3.48 regarding activities conducted under 3.49 the grant, expenditures made, and local 3.50 match contributions. First priority 3.51 for funding shall be given to counties 3.52 that have requested and received 3.53 delegation from the pollution control 3.54 agency for processing of animal feedlot 3.55 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) 4.51 administration. Of this amount, $86,000 4.52 in each year is transferred to the 4.53 board of water and soil resources for 4.54 assistance to local units of government 4.55 through competitive grant programs for 4.56 ISTS program development. 4.57 $200,000 in each year is for individual 4.58 sewage treatment system grants. Any 4.59 unexpended balance in the first year 4.60 does not cancel, but is available in 4.61 the second year. 4.62 $250,000 the first year and $500,000 4.63 the second year are for studies to 4.64 determine total maximum daily load 4.65 allocations to improve water quality. 5.1 This is a one-time appropriation. 5.2 $300,000 each year is for continuing 5.3 research on malformed frogs. This is a 5.4 one-time appropriation. 5.5 $126,000 is for administration of the 5.6 wastewater infrastructure fund (WIF) 5.7 construction program. This is a 5.8 one-time appropriation. 5.9 Until July 1, 2001, the maximum 5.10 administrative penalty order issued 5.11 under Minnesota Statutes, section 5.12 116.072, for all violations identified 5.13 during an inspection or other 5.14 compliance review of a feedlot is 5.15 $5,000. If the commissioner determines 5.16 that the violation has been corrected 5.17 or appropriate steps are being taken to 5.18 correct the action, the penalty must be 5.19 forgiven. For repeat violations, the 5.20 maximum penalty is $10,000. The 5.21 commissioner may reduce the penalty by 5.22 up to 90 percent if the money is spent 5.23 on environmental improvements to the 5.24 farm. 5.25 Until July 1, 2001, the agency shall 5.26 not approve additional fees on animal 5.27 feedlot operations. 5.28 Subd. 3. Protection of the Air 5.29 7,873,000 8,064,000 5.30 Summary by Fund 5.31 General 183,000 183,000 5.32 Environmental 7,690,000 7,881,000 5.33 Up to $150,000 the first year and 5.34 $150,000 the second year may be 5.35 transferred to the small business 5.36 environmental improvement loan account 5.37 established in Minnesota Statutes, 5.38 section 116.994. 5.39 $200,000 each year from the 5.40 environmental fund is for a monitoring 5.41 program under Minnesota Statutes, 5.42 section 116.454. 5.43 $183,000 the first year and $183,000 5.44 the second year are for mercury 5.45 reduction strategies. 5.46 Subd. 4. Protection of the 5.47 Land 5.48 18,648,000 19,002,000 5.49 Summary by Fund 5.50 General 1,722,000 1,746,000 5.51 Petroleum Tank 2,891,000 2,951,000 5.52 Environmental 6,199,000 6,340,000 6.1 Solid Waste 7,836,000 7,965,000 6.2 All money in the environmental 6.3 response, compensation, and compliance 6.4 account in the environmental fund not 6.5 otherwise appropriated is appropriated 6.6 to the commissioners of the pollution 6.7 control agency and the department of 6.8 agriculture for purposes of Minnesota 6.9 Statutes, section 115B.20, subdivision 6.10 2, clauses (1), (2), (3), (4), (10), 6.11 (11), and (12). At the beginning of 6.12 each fiscal year, the two commissioners 6.13 shall jointly submit an annual spending 6.14 plan to the commissioner of finance 6.15 that maximizes the utilization of 6.16 resources and appropriately allocates 6.17 the money between the two agencies. 6.18 This appropriation is available until 6.19 June 30, 2001. 6.20 The agency's annual performance reports 6.21 required for this biennium under 6.22 Minnesota Statutes, section 15.91, must 6.23 specify the amount of lead, mercury, 6.24 and cadmium contained in sewage 6.25 biosolids spread on the land after 6.26 wastewater treatment. 6.27 $482,000 the first year and $483,000 6.28 the second year are from the solid 6.29 waste fund for evaluation of 6.30 unpermitted mixed municipal solid waste 6.31 disposal facilities to determine the 6.32 presence and concentration of hazardous 6.33 substances, pollutants or contaminants, 6.34 and decomposition gases, and to 6.35 determine the boundaries of fill 6.36 areas. This appropriation is available 6.37 until June 30, 2001. As a part of the 6.38 November 1, 2000, report required in 6.39 Minnesota Statutes, section 115B.453, 6.40 subdivision 3, the commissioner shall 6.41 report on results of the investigation 6.42 of unpermitted mixed municipal solid 6.43 waste disposal facilities. The report 6.44 must include recommendations for the 6.45 inclusion of sites in the municipal 6.46 dump cleanup program under Minnesota 6.47 Statutes, sections 115B.451 to 6.48 115B.455. $196,000 the first year and 6.49 $200,000 the second year is for 6.50 transfer to the commissioner of health 6.51 for costs of monitoring at eligible 6.52 facilities. 6.53 $2,125,000 in each year is from the 6.54 solid waste fund for municipal dump 6.55 cleanup grants under Minnesota 6.56 Statutes, sections 115B.451 to 6.57 115B.455. This appropriation is 6.58 available until June 30, 2001. 6.59 Notwithstanding Minnesota Statutes, 6.60 section 16A.125, $117,000 is 6.61 transferred from the motor vehicle 6.62 transfer account to the listed metals 6.63 account in the environmental fund to 6.64 offset the revenue deficiency from the 6.65 fee collected under Minnesota Statutes, 6.66 section 115A.9651. 7.1 $75,000 the first year and $75,000 the 7.2 second year are transferred from the 7.3 solid waste fund to the listed metals 7.4 account in the environmental fund and 7.5 is for administration of the listed 7.6 metals program. 7.7 Subd. 5. General Support 7.8 7,032,000 7,100,000 7.9 Summary by Fund 7.10 General 1,898,000 1,903,000 7.11 Petroleum Tank 442,000 442,000 7.12 Environmental 3,556,000 3,591,000 7.13 Solid Waste 1,136,000 1,164,000 7.14 Sec. 3. OFFICE OF ENVIRONMENTAL 7.15 ASSISTANCE 22,108,000 22,196,000 7.16 Summary by Fund 7.17 General 20,840,000 20,923,000 7.18 Environmental 1,268,000 1,273,000 7.19 $14,008,000 the first year and 7.20 $14,008,000 the second year are for the 7.21 SCORE block grants to counties. 7.22 Any unencumbered grant and loan 7.23 balances in the first year do not 7.24 cancel but are available for grants and 7.25 loans in the second year. 7.26 All money in the metropolitan landfill 7.27 abatement account in the environmental 7.28 fund not otherwise appropriated is 7.29 appropriated to the office of 7.30 environmental assistance for the 7.31 purposes of Minnesota Statutes, section 7.32 473.844. 7.33 Notwithstanding Minnesota Statutes, 7.34 section 115A.54, subdivision 2, 7.35 paragraph (h), and rules of the office 7.36 of environmental assistance, an 7.37 applicant that receives a grant from 7.38 money appropriated in Laws 1998, 7.39 chapter 404, section 8, for less than 7.40 25 percent of the total capital costs 7.41 of a project may be issued a second 7.42 grant for capital costs of the project 7.43 from other money appropriated for 7.44 capital assistance grants. For the 7.45 purpose of the grants issued under this 7.46 item, each grant phase of the project 7.47 shall be considered a separate project. 7.48 $1,107,000 the first year and 7.49 $1,107,000 the second year are for an 7.50 increase in the environmental 7.51 assistance grant program. 7.52 $370,000 the first year and $370,000 7.53 the second year are for an increase in 7.54 environmental information and education 8.1 programs. 8.2 Sec. 4. ZOOLOGICAL BOARD 7,449,000 7,929,000 8.3 Sec. 5. NATURAL RESOURCES 8.4 Subdivision 1. Total 8.5 Appropriation 206,166,000 199,372,000 8.6 Summary by Fund 8.7 General 120,355,000 113,128,000 8.8 Natural Resources 25,273,000 24,623,000 8.9 Game and Fish 60,438,000 61,521,000 8.10 Solid Waste 100,000 100,000 8.11 The amounts that may be spent from this 8.12 appropriation for each program are 8.13 specified in the following subdivisions. 8.14 Subd. 2. Mineral Resources Management 8.15 5,054,000 5,164,000 8.16 $311,000 the first year and $311,000 8.17 the second year are for iron ore 8.18 cooperative research, of which $225,000 8.19 the first year and $225,000 the second 8.20 year are available only as matched by 8.21 $1 of nonstate money for each $1 of 8.22 state money. Any unencumbered balance 8.23 remaining in the first year does not 8.24 cancel but is available for the second 8.25 year. 8.26 $378,000 the first year and $379,000 8.27 the second year are for mineral 8.28 diversification. Any unencumbered 8.29 balance remaining in the first year 8.30 does not cancel but is available for 8.31 the second year. 8.32 $46,000 the first year and $47,000 the 8.33 second year are for minerals 8.34 cooperative environmental research, of 8.35 which $30,000 the first year and 8.36 $30,000 the second year are available 8.37 only as matched by $1 of nonstate money 8.38 for each $1 of state money. Any 8.39 unencumbered balance remaining in the 8.40 first year does not cancel but is 8.41 available for the second year. 8.42 Subd. 3. Water Resources Management 8.43 15,088,000 12,218,000 8.44 Summary by Fund 8.45 General 14,826,000 11,949,000 8.46 Natural Resources 262,000 269,000 8.47 $170,000 the first year and $170,000 8.48 the second year are for a grant to the 8.49 Mississippi headwaters board for up to 8.50 50 percent of the cost of implementing 8.51 the comprehensive plan for the upper 9.1 Mississippi within areas under its 9.2 jurisdiction. 9.3 $17,000 the first year and $17,000 the 9.4 second year are for payment to the 9.5 Leech Lake Band of Chippewa Indians to 9.6 implement its portion of the 9.7 comprehensive plan for the upper 9.8 Mississippi. 9.9 $500,000 the first year and $500,000 9.10 the second year are for water 9.11 monitoring activities, including 9.12 gauging of priority lakes and 9.13 watersheds, dissemination of 9.14 information, replacement of equipment, 9.15 and installation of observation wells, 9.16 groundwater sensitivity maps, and 9.17 documentation. 9.18 $25,000 the first year and $25,000 the 9.19 second year are for a grant to the 9.20 joint powers board established under 9.21 Minnesota Statutes, section 471.59, for 9.22 the Lewis and Clark rural water system. 9.23 $1,925,000 the first year and $925,000 9.24 the second year are for grants to local 9.25 units of government located within the 9.26 Red River Basin for floodwater 9.27 management projects including 9.28 comprehensive watershed plans, agency 9.29 interdisciplinary teams for each 9.30 watershed in the Red River Valley, and 9.31 a basin information repository 9.32 including data on flood flows and water 9.33 supply. 9.34 $100,000 the first year is for grants 9.35 for flood water management projects 9.36 where prior to the effective date of 9.37 this section: (1) a work permit 9.38 application has been submitted for the 9.39 project; and (2) the Red river 9.40 mediation working group has approved 9.41 the project. 9.42 $468,000 the first year is for the 9.43 construction of ring dikes under 9.44 Minnesota Statutes, section 103F.161. 9.45 The ring dikes may be publicly or 9.46 privately owned. 9.47 $1,150,000 the first year is for the 9.48 stream protection and redevelopment 9.49 loan program under Minnesota Statutes, 9.50 section 103G.705. 9.51 $232,000 is for payments to the 9.52 counties of Beltrami, Marshall, and 9.53 Roseau for the payment of unpaid back 9.54 ditch assessments on state lands, 9.55 including penalties and interest, as 9.56 certified by the auditors of Beltrami, 9.57 Marshall, and Roseau counties and 9.58 approved by the state auditor. 9.59 $20,000 in fiscal year 2000 is for a 9.60 feasibility study of raising the 9.61 control elevation of Coon Lake in Anoka 9.62 county. The study must be completed by 10.1 February 1, 2000. 10.2 Subd. 4. Forest Management 10.3 35,150,000 35,215,000 10.4 Summary by Fund 10.5 General 34,697,000 34,751,000 10.6 Natural Resources 453,000 464,000 10.7 $3,500,000 the first year and 10.8 $3,500,000 the second year are for 10.9 presuppression and suppression costs of 10.10 emergency fire fighting. If the 10.11 appropriation for either year is 10.12 insufficient to cover all costs of 10.13 suppression, the amount necessary to 10.14 pay for emergency firefighting expenses 10.15 during the biennium is appropriated 10.16 from the general fund. If money is 10.17 spent under the appropriation in the 10.18 preceding sentence, the commissioner of 10.19 natural resources shall, by 15 days 10.20 after the end of the following quarter, 10.21 report on how the money was spent to 10.22 the chairs of the house of 10.23 representatives ways and means 10.24 committee, the environment and 10.25 agriculture budget division of the 10.26 senate environment and natural 10.27 resources committee, and the house of 10.28 representatives environment and natural 10.29 resources finance committee. The 10.30 appropriations may not be transferred. 10.31 $600,000 the first year and $600,000 10.32 the second year are for programs and 10.33 practices on state, county, and private 10.34 lands to regenerate and protect 10.35 Minnesota's white pine. Up to $280,000 10.36 of the appropriation in each year may 10.37 be used by the commissioner to provide 10.38 50 percent matching funds to implement 10.39 cultural practices for white pine 10.40 management on nonindustrial, private 10.41 forest lands at rates specified in the 10.42 Minnesota stewardship incentives 10.43 program manual. Up to $150,000 of the 10.44 appropriation in each year may be used 10.45 by the commissioner to provide funds to 10.46 implement cultural practices for white 10.47 pine management on county-administered 10.48 lands through grant agreements with 10.49 individual counties, with priorities 10.50 for areas that experienced wind damage 10.51 in July 1995. $40,000 each year is for 10.52 a study of the natural regeneration 10.53 process of white pine. The remainder 10.54 of the funds in each fiscal year will 10.55 be available to the commissioner for 10.56 white pine regeneration and protection 10.57 on department-administered lands. 10.58 $150,000 the first year and $150,000 10.59 the second year are appropriated to the 10.60 commissioner for a grant to the 10.61 University of Minnesota's College of 10.62 Natural Resources for research to 10.63 reduce the impact of blister rust on 11.1 Minnesota's white pine. 11.2 The commissioner may contract with and 11.3 make grants to nonprofit agencies to 11.4 carry out the purposes, plans, and 11.5 programs of the office of youth 11.6 programs, Minnesota conservation corps. 11.7 $61,000 the first year and $62,000 the 11.8 second year are for the focus on 11.9 community forests program, to provide 11.10 communities with natural resources 11.11 technical assistance. 11.12 $450,000 the first year is for grants 11.13 to local community forest ecosystem 11.14 health programs. This appropriation is 11.15 available until June 30, 2001. The 11.16 commissioner of natural resources shall 11.17 allocate individual grants of up to 11.18 $25,000 to local communities that match 11.19 the grants with nonstate money to 11.20 undertake projects that improve the 11.21 health of forest ecosystems, including 11.22 insect and disease suppression 11.23 programs, community-based forest health 11.24 education programs, and other 11.25 arboricultural treatments. 11.26 $200,000 is for grants to the city of 11.27 St. Peter and the city of Comfrey for 11.28 grants to private landowners to plant 11.29 trees within those cities. 11.30 $100,000 in each year is for additional 11.31 staff for the Minnesota conservation 11.32 corps. 11.33 Subd. 5. Parks and Recreation 11.34 Management 11.35 29,348,000 29,588,000 11.36 Summary by Fund 11.37 General 28,714,000 28,952,000 11.38 Natural Resources 634,000 636,000 11.39 $634,000 the first year and $636,000 11.40 the second year are from the water 11.41 recreation account in the natural 11.42 resources fund for state park 11.43 development projects. If the 11.44 appropriation in either year is 11.45 insufficient, the appropriation for the 11.46 other year is available for it. 11.47 $3,000,000 the first year and 11.48 $3,000,000 the second year are for 11.49 payment of a grant to the metropolitan 11.50 council for metropolitan area regional 11.51 parks maintenance and operation. 11.52 $400,000 in the first year is for a 11.53 grant to the metropolitan council for 11.54 the maintenance and repair of exhibit 11.55 areas at the Como Park zoo and 11.56 conservatory. 11.57 $50,000 the first year is for a grant 12.1 to the city of Taylors Falls for fire 12.2 and rescue operations in support of 12.3 Interstate park. 12.4 Subd. 6. Trails and Waterways 12.5 Management 12.6 18,987,000 16,917,000 12.7 Summary by Fund 12.8 General 3,217,000 2,283,000 12.9 Natural Resources 13,873,000 13,026,000 12.10 Game and Fish 1,897,000 1,608,000 12.11 $4,099,000 the first year and 12.12 $4,099,000 the second year are from the 12.13 snowmobile trails and enforcement 12.14 account in the natural resources fund 12.15 for snowmobile grants-in-aid. 12.16 $256,000 the first year and $257,000 12.17 the second year are from the water 12.18 recreation account in the natural 12.19 resources fund for a safe harbor 12.20 program on Lake Superior. Any 12.21 unencumbered balance at the end of the 12.22 first year does not cancel and is 12.23 available for the second year. 12.24 $500,000 the first year and $1,000,000 12.25 the second year are from the natural 12.26 resources fund for expansion of 12.27 off-highway vehicle facilities. Of 12.28 these amounts, $200,000 the first year 12.29 and $400,000 the second year are from 12.30 the all-terrain vehicle account, 12.31 $75,000 the first year and $150,000 the 12.32 second year are from the off-highway 12.33 motorcycle account, and $225,000 the 12.34 first year and $450,000 the second year 12.35 are from the off-road vehicle account 12.36 in the natural resources fund. This 12.37 appropriation is available until 12.38 expended. 12.39 $1,500,000 the first year is from the 12.40 natural resources fund to plan, 12.41 acquire, develop, and operate the Iron 12.42 Range off-highway vehicle area. 12.43 $750,000 of this appropriation is from 12.44 the all-terrain vehicle account, 12.45 $600,000 is from the off-road vehicle 12.46 account, and $150,000 is from the 12.47 off-highway motorcycle account. This 12.48 appropriation is available until 12.49 expended. 12.50 $50,000 the first year is for a grant 12.51 to the Upper Minnesota Valley regional 12.52 development commission for the 12.53 preliminary design and engineering of a 12.54 segment of the Minnesota river trail 12.55 from Appleton to the Milan Beach on 12.56 Lake Lac Qui Parle. Each dollar of the 12.57 grant must be matched by $2 of nonstate 12.58 money or in-kind contributions. 12.59 $100,000 the first year is for the 13.1 planning, development, and construction 13.2 of the Gitchi-Gami trail on the north 13.3 shore of Lake Superior. The trail must 13.4 be designed primarily for hiking and 13.5 bicycling and must connect communities, 13.6 state parks, and other points of 13.7 interest along the north shore. 13.8 $150,000 is for a grant to the Ramsey 13.9 county board of commissioners and to 13.10 the Washington county board of 13.11 commissioners for land acquisition for 13.12 and development of a nonmotorized trail 13.13 around White Bear Lake and for 13.14 development of a master plan for the 13.15 White Bear Lake to Stillwater regional 13.16 trail. Each dollar of the grant must 13.17 be matched by $2 of nonstate money or 13.18 in-kind contributions. 13.19 $75,000 is for a grant to the Ramsey 13.20 county board of commissioners and the 13.21 Washington county board of 13.22 commissioners for development of a 13.23 master plan for a trail around Silver 13.24 Lake, a trail and route around White 13.25 Bear Lake, and trail connections with 13.26 the Gateway trail and other state or 13.27 regional trails within the counties. 13.28 Each dollar of the grant must be 13.29 matched by $2 of nonstate money or 13.30 in-kind contributions. 13.31 $500,000 the first year is for 13.32 development of nonpaved alternate 13.33 trails that are adjacent to the 13.34 Heartland and Paul Bunyan state trails. 13.35 $50,000 is for planning and 13.36 archaeological costs of a multiuse 13.37 trail connecting the Douglas trail in 13.38 Rochester with Chester Woods county 13.39 park and the cities of Eyota and Dover. 13.40 $50,000 the first year is for 13.41 construction of a snowmobile trail to 13.42 connect the Willard Munger state trail 13.43 at Hermantown to the North Shore state 13.44 trail in Duluth. 13.45 The amount raised from the sale of 13.46 metal traction device stickers under 13.47 Minnesota Statutes, section 84.8715, 13.48 prior to June 30, 1999, is appropriated 13.49 in fiscal year 1999 for the repair of 13.50 paved public trails damaged by 13.51 snowmobiles. This appropriation is 13.52 available until spent. 13.53 By January 15, 2001, the commissioner 13.54 shall make recommendations to the 13.55 governor and legislature on retaining 13.56 the interest earnings in accounts 13.57 within the natural resources fund. 13.58 Subd. 7. Fish and Wildlife Management 13.59 45,745,000 46,844,000 13.60 Summary by Fund 14.1 General 7,081,000 7,215,000 14.2 Natural Resources 2,091,000 2,132,000 14.3 Game and Fish 36,573,000 37,497,000 14.4 $305,000 the first year and $310,000 14.5 the second year are for resource 14.6 population surveys in the 1837 treaty 14.7 area. Of this amount, $104,000 the 14.8 first year and $106,000 the second year 14.9 are from the game and fish fund. 14.10 $1,265,000 the first year and 14.11 $1,285,000 the second year are from the 14.12 nongame wildlife management account in 14.13 the natural resources fund for the 14.14 purpose of nongame wildlife 14.15 management. Any unencumbered balance 14.16 remaining in the first year does not 14.17 cancel but is available the second year. 14.18 $1,391,000 the first year and 14.19 $1,420,000 the second year are for the 14.20 reinvest in Minnesota programs of game 14.21 and fish, critical habitat, and 14.22 wetlands established under Minnesota 14.23 Statutes, section 84.95, subdivision 14.24 2. Any unencumbered balance for the 14.25 first year does not cancel but is 14.26 available for use the second year. 14.27 $1,401,000 the first year and 14.28 $1,409,000 the second year are from the 14.29 wildlife acquisition account for only 14.30 the purposes specified in Minnesota 14.31 Statutes, section 97A.071, subdivision 14.32 2a. 14.33 $1,203,000 the first year and 14.34 $1,222,000 the second year are from the 14.35 deer habitat improvement account for 14.36 only the purposes specified in 14.37 Minnesota Statutes, section 97A.075, 14.38 subdivision 1, paragraph (b). 14.39 $147,000 the first year and $147,000 14.40 the second year are from the deer and 14.41 bear management account for only the 14.42 purposes specified in Minnesota 14.43 Statutes, section 97A.075, subdivision 14.44 1, paragraph (c). 14.45 $682,000 the first year and $691,000 14.46 the second year are from the waterfowl 14.47 habitat improvement account for only 14.48 the purposes specified in Minnesota 14.49 Statutes, section 97A.075, subdivision 14.50 2. 14.51 $658,000 the first year and $662,000 14.52 the second year are from the trout and 14.53 salmon management account for only the 14.54 purposes specified in Minnesota 14.55 Statutes, section 97A.075, subdivision 14.56 3. 14.57 $546,000 the first year and $546,000 14.58 the second year are from the pheasant 14.59 habitat improvement account for only 14.60 the purposes specified in Minnesota 15.1 Statutes, section 97A.075, subdivision 15.2 4. In addition to the purposes 15.3 specified in Minnesota Statutes, 15.4 section 97A.075, subdivision 4, this 15.5 appropriation may be used for pheasant 15.6 restocking efforts. 15.7 $84,000 the first year and $85,000 the 15.8 second year are from the wild turkey 15.9 management account for only the 15.10 purposes specified in Minnesota 15.11 Statutes, section 97A.075, subdivision 15.12 5. 15.13 $299,000 the first year and $303,000 15.14 the second year are from the game and 15.15 fish fund for activities relating to 15.16 reduction and prevention of property 15.17 damage by wildlife. $50,000 each year 15.18 is for emergency damage abatement 15.19 materials. 15.20 $100,000 the first year and $100,000 15.21 the second year are for water 15.22 monitoring activities, including 15.23 integrated monitoring using biology, 15.24 chemistry, hydrology, and habitat 15.25 assessment for water quality assessment. 15.26 $25,000 is from the game and fish fund 15.27 for an independent actuarial study of 15.28 the fee structure for lifetime hunting 15.29 and fishing licenses. 15.30 Subd. 8. Enforcement 15.31 21,696,000 21,847,000 15.32 Summary by Fund 15.33 General 3,934,000 3,711,000 15.34 Natural Resources 4,376,000 4,432,000 15.35 Game and Fish 13,286,000 13,604,000 15.36 Solid Waste 100,000 100,000 15.37 $1,082,000 the first year and 15.38 $1,082,000 the second year are from the 15.39 water recreation account in the natural 15.40 resources fund for grants to counties 15.41 for boat and water safety. 15.42 $100,000 each year is from the solid 15.43 waste fund for solid waste enforcement 15.44 activities under Minnesota Statutes, 15.45 section 116.073. 15.46 $290,000 each year from the snowmobile 15.47 trails and enforcement account in the 15.48 natural resources fund is for grants to 15.49 local law enforcement agencies for 15.50 snowmobile enforcement activities above 15.51 and beyond current levels of local law 15.52 enforcement activities. 15.53 $302,000 the first year is for 15.54 conversion to the Minnesota state 15.55 patrol's 800 MHz radio system in the 15.56 nine-county metropolitan area. This is 16.1 a one-time appropriation. 16.2 Overtime shall be distributed to 16.3 conservation officers at historical 16.4 levels. If funding for enforcement is 16.5 reduced because of an unallotment, the 16.6 overtime bank may be reduced in 16.7 proportion to reductions made in other 16.8 areas of the budget. 16.9 $40,000 each year is from the natural 16.10 resources fund for a one-half time 16.11 conservation officer position for the 16.12 Iron Range off-highway vehicle 16.13 recreation area. 16.14 Subd. 9. Operations Support 16.15 35,098,000 31,579,000 16.16 Summary by Fund 16.17 General 22,832,000 19,103,000 16.18 Natural Resources 3,584,000 3,664,000 16.19 Game and Fish 8,682,000 8,812,000 16.20 $339,000 the first year and $342,000 16.21 the second year are for the community 16.22 assistance program, including 16.23 metropolitan trout stream watershed 16.24 coordinators, Red River technical 16.25 assistance, northeast Minnesota public 16.26 affairs and communication, southwest 16.27 Minnesota planning assistance, Metro 16.28 Greenways and natural areas assistance 16.29 and grants, and regional resource 16.30 enhancement grants. 16.31 $101,000 the first year and $101,000 16.32 the second year are for the Southeast 16.33 Asian environmental education 16.34 internship and training program. 16.35 $700,000 the first year and $500,000 16.36 the second year are for information 16.37 technology projects. 16.38 $4,300,000 the first year and $500,000 16.39 the second year are for statewide asset 16.40 preservation and repair. 16.41 $200,000 in the first year is for a 16.42 grant to the city of Savage or Scott 16.43 county, or both, for engineering and 16.44 environmental studies relating to the 16.45 extension of Scott county state-aid 16.46 highway No. 27 in the vicinity of the 16.47 Savage fen wetlands complex. 16.48 Sec. 6. BOARD OF WATER AND 16.49 SOIL RESOURCES 19,040,000 18,725,000 16.50 $5,505,000 the first year and 16.51 $5,505,000 the second year are for 16.52 natural resources block grants to local 16.53 governments. Of this amount, $50,000 16.54 each year is for a grant to the North 16.55 Shore Management Board, $35,000 each 16.56 year is for a grant to the St. Louis 17.1 River Board, $125,000 each year is for 17.2 a grant to the Minnesota River Basin 17.3 Joint Powers Board, and $27,000 each 17.4 year is for a grant to the Southeast 17.5 Minnesota Resources Board. 17.6 The board shall reduce the amount of 17.7 the natural resource block grant to a 17.8 county by an amount equal to any 17.9 reduction in the county's general 17.10 services allocation to a soil and water 17.11 conservation district from the county's 17.12 1998 allocation. 17.13 Grants must be matched with a 17.14 combination of local cash or in-kind 17.15 contributions. The base grant portion 17.16 related to water planning must be 17.17 matched by an amount that would be 17.18 raised by a levy under Minnesota 17.19 Statutes, section 103B.3369. 17.20 $2,599,000 the first year and 17.21 $2,599,000 the second year are for 17.22 grants to soil and water conservation 17.23 districts for general purposes, 17.24 nonpoint engineering, and for 17.25 implementation of the RIM conservation 17.26 reserve program. Upon approval of the 17.27 board, expenditures may be made from 17.28 these appropriations for supplies and 17.29 services benefiting soil and water 17.30 conservation districts. 17.31 $4,420,000 the first year and 17.32 $4,120,000 the second year are for 17.33 grants to soil and water conservation 17.34 districts for cost-sharing contracts 17.35 for erosion control and water quality 17.36 management. Of this amount, $3,150,000 17.37 the first year and $2,850,000 the 17.38 second year are for grants for 17.39 cost-sharing contracts for water 17.40 quality management on feedlots. 17.41 Priority must be given to feedlot 17.42 operators who have received notices of 17.43 violation and for feedlots in counties 17.44 that are conducting or have completed a 17.45 level 2 or level 3 feedlot inventory. 17.46 This appropriation is available until 17.47 expended. If the appropriation in 17.48 either year is insufficient, the 17.49 appropriation in the other year is 17.50 available for it. 17.51 $189,000 the first year and $189,000 17.52 the second year are for grants to 17.53 watershed districts and other local 17.54 units of government in the southern 17.55 Minnesota river basin study area 2 for 17.56 floodplain management. If the 17.57 appropriation in either year is 17.58 insufficient, the appropriation in the 17.59 other year is available for it. 17.60 Any unencumbered balance in the board's 17.61 program of grants does not cancel at 17.62 the end of the first year and is 17.63 available for the second year for the 17.64 same grant program. 18.1 $100,000 the first year is for a grant 18.2 to the Minnesota river basin data 18.3 center at Minnesota State University, 18.4 Mankato. 18.5 $850,000 each year is for the 18.6 administrative costs of easement 18.7 programs. 18.8 $300,000 the first year and $300,000 18.9 the second year are for the information 18.10 resource management technology 18.11 initiative. 18.12 $100,000 in the first year and $100,000 18.13 in the second year are for a grant to 18.14 the Red River Basin Board to develop a 18.15 Red river basin plan and to coordinate 18.16 water management activities in the 18.17 states and provinces bordering the Red 18.18 river. This appropriation is available 18.19 only to the extent it is matched by a 18.20 proportionate amount from the states of 18.21 North Dakota and South Dakota and the 18.22 province of Manitoba. The unencumbered 18.23 balance in the first year does not 18.24 cancel and is available for the second 18.25 year. 18.26 If the appropriation in either year is 18.27 insufficient, the appropriation for the 18.28 other year is available for it. 18.29 Sec. 7. MINNESOTA-WISCONSIN 18.30 BOUNDARY AREA COMMISSION 183,000 188,000 18.31 Summary by Fund 18.32 General 150,000 154,000 18.33 Natural Resources 33,000 34,000 18.34 This appropriation is only available to 18.35 the extent it is matched by an equal 18.36 amount from the state of Wisconsin. 18.37 $33,000 the first year and $34,000 the 18.38 second year are from the water 18.39 recreation account in the natural 18.40 resources fund for the St. Croix 18.41 management and stewardship program. 18.42 Sec. 8. CITIZENS COUNCIL ON 18.43 VOYAGEURS NATIONAL PARK 66,000 68,000 18.44 Sec. 9. SCIENCE MUSEUM 18.45 OF MINNESOTA 1,164,000 1,164,000 18.46 Sec. 10. MINNESOTA ACADEMY 18.47 OF SCIENCE 41,000 41,000 18.48 $5,000 each year is for a program to 18.49 provide hands on science activities for 18.50 elementary school children. 18.51 Sec. 11. AGRICULTURE 18.52 Subdivision 1. Total 18.53 Appropriation 23,428,000 21,821,000 18.54 Summary by Fund 19.1 General 23,092,000 21,479,000 19.2 Environmental 336,000 342,000 19.3 The amounts that may be spent from this 19.4 appropriation for each program are 19.5 specified in the following subdivisions. 19.6 Subd. 2. Protection Service 19.7 11,969,000 11,194,000 19.8 Summary by Fund 19.9 General 11,633,000 10,852,000 19.10 Environmental 336,000 342,000 19.11 $336,000 the first year and $342,000 19.12 the second year are from the 19.13 environmental response, compensation, 19.14 and compliance account in the 19.15 environmental fund. 19.16 $158,000 the first year and $158,000 19.17 the second year are for payment of 19.18 claims relating to livestock damaged by 19.19 threatened or endangered animal species 19.20 and agricultural crops damaged by elk. 19.21 If the appropriation for either year is 19.22 insufficient, the appropriation for the 19.23 other year is available for it. 19.24 $501,000 the first year and $502,000 19.25 the second year is for dairy diagnostic 19.26 teams. 19.27 $25,000 the first year and $25,000 the 19.28 second year are for activities of the 19.29 dairy producers board under Minnesota 19.30 Statutes, section 17.76. 19.31 $100,000 is to conduct a predesign 19.32 study for a joint agency laboratory 19.33 that will serve the environmental 19.34 laboratory needs of the department of 19.35 agriculture, department of natural 19.36 resources, pollution control agency, 19.37 and the Minnesota department of health. 19.38 $985,000 the first year is for a grant 19.39 to the University of Minnesota to 19.40 pursue further research on diseases of 19.41 soybeans including, but not limited to, 19.42 soybean cyst nematode, white mold 19.43 (sclerotinia stem rot), phytophthora 19.44 root rot, and iron deficiency 19.45 chlorosis. A portion of this 19.46 appropriation may be designated for 19.47 research on specialty gene traits of 19.48 soybeans. 19.49 $25,000 is for a grant to the dairy 19.50 leaders roundtable. This appropriation 19.51 is available to the extent matched by 19.52 nonstate money until June 30, 2001. 19.53 $100,000 is transferred from the 19.54 general fund to the seed potato 19.55 inspection account in the agriculture 19.56 fund for the administration and 20.1 enforcement of Minnesota Statutes, 20.2 sections 21.80 to 21.92. This 20.3 appropriation is to supplement the fees 20.4 paid by seed potato growers. 20.5 Subd. 3. Agricultural Marketing and Development 20.6 5,346,000 5,265,000 20.7 Notwithstanding Minnesota Statutes, 20.8 section 41A.09, subdivision 3a, the 20.9 total payments from the ethanol 20.10 development account to all producers 20.11 may not exceed $67,917,000 for the 20.12 biennium ending June 30, 2001. If the 20.13 total amount for which all producers 20.14 are eligible in a quarter exceeds the 20.15 amount available for payments, the 20.16 commissioner shall make the payments on 20.17 a pro rata basis. 20.18 By July 15, 1999, the commissioner 20.19 shall transfer the unencumbered cash 20.20 balance in the ethanol development fund 20.21 established in Minnesota Statutes, 20.22 section 41B.044, to the general fund. 20.23 $141,000 the first year and $141,000 20.24 the second year are for transfer to the 20.25 Minnesota grown matching account and 20.26 may be used as grants for Minnesota 20.27 grown promotion under Minnesota 20.28 Statutes, section 17.109. 20.29 $80,000 the first year and $80,000 the 20.30 second year are for grants to farmers 20.31 for demonstration projects involving 20.32 sustainable agriculture. If a project 20.33 cost is more than $25,000, the amount 20.34 above $25,000 must be cost-shared at a 20.35 state-applicant ratio of one to one. 20.36 Priorities must be given for projects 20.37 involving multiple parties. Up to 20.38 $20,000 each year may be used for 20.39 dissemination of information about the 20.40 demonstration grant projects. If the 20.41 appropriation for either year is 20.42 insufficient, the appropriation for the 20.43 other is available. 20.44 $160,000 each year is for value-added 20.45 agricultural product processing and 20.46 marketing grants under Minnesota 20.47 Statutes, section 17.101, subdivision 5. 20.48 $610,000 the first year and $460,000 20.49 the second year are for continued 20.50 research of solutions and alternatives 20.51 for manure management and odor 20.52 control. This is a one-time 20.53 appropriation. 20.54 $150,000 the first year and $150,000 20.55 the second year are for annual 20.56 cost-share payments to resident farmers 20.57 for the costs of organic 20.58 certification. The annual cost-share 20.59 payments per farmer shall be two-thirds 20.60 of the cost of the certification or 20.61 $200, whichever is less. A certified 20.62 farmer is eligible to receive annual 21.1 certification cost-share payments for 21.2 up to five years. $50,000 each year is 21.3 for organic market and program 21.4 development. This appropriation is 21.5 available until expended. 21.6 Subd. 4. Administration and 21.7 Financial Assistance 21.8 6,113,000 5,362,000 21.9 $175,000 the first year and $175,000 21.10 the second year must be spent for the 21.11 WIC coupon program. 21.12 $49,000 the first year and $49,000 the 21.13 second year are for family farm 21.14 security interest payment adjustments. 21.15 If the appropriation for either year is 21.16 insufficient, the appropriation for the 21.17 other year is available for it. No new 21.18 loans may be approved in fiscal year 21.19 2000 or 2001. 21.20 $304,000 the first year and $306,000 21.21 the second year are for the family farm 21.22 advocacy program. 21.23 $70,000 the first year and $70,000 the 21.24 second year are for the Northern Crops 21.25 Institute. These appropriations may be 21.26 spent to purchase equipment and are 21.27 available until spent. 21.28 $200,000 the first year and $200,000 21.29 the second year are for grants to 21.30 agriculture information centers. The 21.31 grants are only available on a match 21.32 basis. The funds may be released at 21.33 the rate of $4 of state money for each 21.34 $1 of matching nonstate money that is 21.35 raised. 21.36 $115,000 the first year and $115,000 21.37 the second year are for the Seaway Port 21.38 Authority of Duluth. 21.39 $19,000 the first year and $19,000 the 21.40 second year are for a grant to the 21.41 Minnesota Livestock Breeders' 21.42 Association. 21.43 $75,000 the first year and $75,000 the 21.44 second year are for the Passing on the 21.45 Farm Center under Minnesota Statutes, 21.46 section 17.985. This appropriation is 21.47 available only to the extent matched 21.48 with nonstate money, including in-kind 21.49 contributions at the rate of one 21.50 nonstate dollar for every four state 21.51 dollars. 21.52 $50,000 in each year is for beaver 21.53 damage control grants for the purposes 21.54 of Minnesota Statutes, section 17.110. 21.55 $50,000 in each year is for activities 21.56 related to reform of the federal milk 21.57 marketing order system. Up to $50,000 21.58 of any unexpended balance from this 21.59 appropriation may be transferred to the 22.1 dairy services account. 22.2 $267,000 the first year and $200,000 22.3 the second year are for a pilot program 22.4 to expand the concept of the Minnesota 22.5 grown program pursuant to Laws 1998, 22.6 chapter 401, section 6. 22.7 $800,000 the first year and $800,000 22.8 the second year are for an electronic 22.9 information management system. 22.10 The commissioner of agriculture, in 22.11 consultation with the commissioner of 22.12 commerce and farm organizations, shall 22.13 prepare a plan to implement a program 22.14 to provide crop price insurance to 22.15 Minnesota farmers. The commissioner 22.16 must submit the implementation plan to 22.17 the members of the senate and house 22.18 agriculture and rural development 22.19 committees by February 1, 2000. The 22.20 plan must include: 22.21 (1) recommendations on levels of crop 22.22 price insurance; 22.23 (2) an analysis of the cost of crop 22.24 price insurance to the farmer; 22.25 (3) estimates of market potential for 22.26 the crop price insurance; 22.27 (4) recommendations for an 22.28 administrative structure to provide the 22.29 insurance; and 22.30 (5) estimates of state funding required 22.31 to underwrite the crop price insurance. 22.32 $745,000 is for livestock processing 22.33 plant grants under Minnesota Statutes, 22.34 section 41B.048. 22.35 $25,000 is appropriated to the 22.36 commissioner of agriculture to study 22.37 the impact of current and projected 22.38 trends in dairy farming on Minnesota's 22.39 dairy farmers and processors and 22.40 provide a strategic plan to make 22.41 Minnesota the number one dairy state in 22.42 the nation. The commissioner shall 22.43 hold at least five public hearings in 22.44 the agricultural regions of Minnesota 22.45 on the challenges and opportunities for 22.46 Minnesota's dairy farmers. At each of 22.47 the hearing locations, the commissioner 22.48 may organize tours of local dairy 22.49 facilities. Not later than February 22.50 15, 2000, the commissioner shall report 22.51 to the legislature on the findings of 22.52 the study. The report must include 22.53 recommendations on improvements in 22.54 state laws and rules that are in the 22.55 best interest of Minnesota's dairy 22.56 industry, environment, social climate, 22.57 and family farming operations. The 22.58 report must include: 22.59 (1) the impact of current trends on the 22.60 economic, social, and environmental 23.1 conditions in rural Minnesota; 23.2 (2) the impact of the current laws on 23.3 dairy farming in Minnesota; 23.4 (3) the impact of current dairy farming 23.5 trends on the long-term viability of 23.6 the dairy processing industry in 23.7 Minnesota; 23.8 (4) recommendations to provide for the 23.9 financial success and long-term 23.10 sustainability of dairy farming in 23.11 Minnesota; and 23.12 (5) recommendations on how state 23.13 government can better assist 23.14 Minnesota's dairy farmers develop and 23.15 use appropriate technologies, including 23.16 the upgrade of milking facilities, 23.17 rotational grazing, and other 23.18 sustainable methods. 23.19 Sec. 12. BOARD OF ANIMAL HEALTH 2,860,000 2,914,000 23.20 $350,000 the first year and $350,000 23.21 the second year are for a program to 23.22 control para-tuberculosis ("Johne's 23.23 disease") in domestic bovine herds. 23.24 $40,000 the first year and $40,000 the 23.25 second year are for a grant to the 23.26 University of Minnesota college of 23.27 veterinary medicine to be used for 23.28 development and implementation of the 23.29 companion animal resource education 23.30 program, in collaboration with the 23.31 Minnesota extension service. 23.32 $118,000 each year is for a program to 23.33 investigate the avian pneumovirus 23.34 disease and to identify the infected 23.35 flocks. 23.36 Sec. 13. MINNESOTA HORTICULTURAL 23.37 SOCIETY 82,000 82,000 23.38 Sec. 14. AGRICULTURAL UTILIZATION 23.39 RESEARCH INSTITUTE 4,330,000 4,330,000 23.40 Summary by Fund 23.41 General 4,130,000 4,130,000 23.42 Special Revenue 200,000 200,000 23.43 $200,000 the first year and $200,000 23.44 the second year are for hybrid tree 23.45 management research and development of 23.46 an implementation plan for establishing 23.47 hybrid tree plantations in the state. 23.48 This appropriation is available to the 23.49 extent matched by $2 of nonstate 23.50 contributions, either cash or in kind, 23.51 for each $1 of state money. 23.52 Sec. 15. MINNESOTA RESOURCES 23.53 Subdivision 1. Total 23.54 Appropriation 29,245,000 13,005,000 24.1 All of the appropriations in this 24.2 section are one-time appropriations 24.3 unless otherwise specified. 24.4 Summary by Fund 24.5 Minnesota Future 24.6 Resources Fund 16,040,000 - 0 - 24.7 Environment and 24.8 Natural Resources 24.9 Trust Fund 13,005,000 13,005,000 24.10 Great Lakes 24.11 Protection Account 200,000 - 0 - 24.12 Appropriations from the Minnesota 24.13 future resources fund and the Great 24.14 Lakes protection account are available 24.15 for either year of the biennium. 24.16 For appropriations from the environment 24.17 and natural resources trust fund, any 24.18 unencumbered balance remaining in the 24.19 first year does not cancel and is 24.20 available for the second year of the 24.21 biennium. 24.22 Unless otherwise provided, the amounts 24.23 in this section are available until 24.24 June 30, 2001, when projects must be 24.25 completed and final products delivered. 24.26 Subd. 2. Definitions 24.27 (a) "Future resources fund" means the 24.28 Minnesota future resources fund 24.29 referred to in Minnesota Statutes, 24.30 section 116P.13. 24.31 (b) "Trust fund" means the Minnesota 24.32 environment and natural resources trust 24.33 fund referred to in Minnesota Statutes, 24.34 section 116P.02, subdivision 6. 24.35 (c) "Great Lakes protection account" 24.36 means the account referred to in 24.37 Minnesota Statutes, section 116Q.02. 24.38 Subd. 3. Legislative Commission 24.39 on Minnesota Resources 24.40 616,000 284,000 24.41 Summary by Fund 24.42 Minnesota Future 24.43 Resources Fund 333,000 - 0 - 24.44 Environment and 24.45 Natural Resources 24.46 Trust Fund 283,000 284,000 24.47 $333,000 is from the future resources 24.48 fund and $283,000 the first year and 24.49 $284,000 the second year are from the 24.50 trust fund, pursuant to Minnesota 24.51 Statutes, section 116P.09, subdivision 24.52 5. 24.53 Subd. 4. Recreation 25.1 7,665,000 2,845,000 25.2 Summary by Fund 25.3 Minnesota Future 25.4 Resources Fund 4,820,000 - 0 - 25.5 Environment and 25.6 Natural Resources 25.7 Trust Fund 2,845,000 2,845,000 25.8 (a) Local Initiatives Grants 25.9 Program 25.10 This appropriation is to the 25.11 commissioner of natural resources to 25.12 provide matching grants, as follows: 25.13 (1) $1,950,000 is from the future 25.14 resources fund to local units of 25.15 government for local park and 25.16 recreation areas of up to $250,000 25.17 notwithstanding Minnesota Statutes, 25.18 section 85.019. $50,000 is to complete 25.19 the Larue Pit Recreation Development. 25.20 $460,000 is available immediately upon 25.21 enactment. 25.22 (2) $435,000 the first year and 25.23 $435,000 the second year are from the 25.24 trust fund to local units of government 25.25 for natural and scenic areas pursuant 25.26 to Minnesota Statutes, section 85.019. 25.27 (3) $1,220,000 is from the future 25.28 resources fund for trail grants to 25.29 local units of government on land to be 25.30 maintained for at least 20 years for 25.31 the purposes of the grant. $500,000 is 25.32 for grants of up to $50,000 per project 25.33 for trail linkages between communities, 25.34 trails, and parks, and $720,000 is for 25.35 grants of up to $250,000 for locally 25.36 funded trails of regional significance 25.37 outside the metropolitan area. 25.38 (4) $305,000 the first year and 25.39 $305,000 the second year are from the 25.40 trust fund for a statewide conservation 25.41 partners program, to encourage private 25.42 organizations and local governments to 25.43 cost share improvement of fish, 25.44 wildlife, and native plant habitats and 25.45 research and surveys of fish and 25.46 wildlife. Conservation partners grants 25.47 may be up to $20,000 each. $10,000 is 25.48 for an agreement with the Canby 25.49 Sportsman's Club for shelterbelts for 25.50 habitat and erosion control. 25.51 (5) $100,000 the first year and 25.52 $100,000 the second year are from the 25.53 trust fund for environmental 25.54 partnerships program grants of up to 25.55 $20,000 each for environmental service 25.56 projects and related education 25.57 activities through public and private 25.58 partnerships. 25.59 In addition to the required work 25.60 program, grants may not be approved 26.1 until grant proposals to be funded have 26.2 been submitted to the legislative 26.3 commission on Minnesota resources and 26.4 the commission has approved the grants 26.5 or allowed 60 days to pass. The 26.6 commission shall monitor the grants for 26.7 approximate balance over extended 26.8 periods of time between the 26.9 metropolitan area as defined in 26.10 Minnesota Statutes, section 473.121, 26.11 subdivision 2, and the nonmetropolitan 26.12 area through work program oversight and 26.13 periodic allocation decisions. For the 26.14 purpose of this paragraph, the match 26.15 must be nonstate contributions, but may 26.16 be either cash or in-kind. Recipients 26.17 may receive funding for more than one 26.18 project in any given grant period. 26.19 This appropriation is available until 26.20 June 30, 2002, at which time the 26.21 project must be completed and final 26.22 products delivered, unless an earlier 26.23 date is specified in the work program. 26.24 If a project financed under this 26.25 program receives a federal grant, the 26.26 availability of the financing from this 26.27 subdivision for that project is 26.28 extended to equal the period of the 26.29 federal grant. 26.30 (b) Mesabi Trail Land 26.31 Acquisition and 26.32 Development - Continuation 26.33 $1,000,000 the first year is from the 26.34 future resources fund to the 26.35 commissioner of natural resources for 26.36 an agreement with St. Louis and Lake 26.37 Counties Regional Rail Authority for 26.38 the fourth biennium to develop and 26.39 acquire segments of the Mesabi trail 26.40 and procure design and engineering for 26.41 trail heads and enhancements. This 26.42 appropriation must be matched by at 26.43 least $1,000,000 of nonstate money. 26.44 This appropriation is available until 26.45 June 30, 2002, at which time the 26.46 project must be completed and final 26.47 products delivered, unless an earlier 26.48 date is specified in the work program. 26.49 (c) Kabetogama to Ash River 26.50 Community Trail System 26.51 $100,000 the first year is from the 26.52 future resources fund to the 26.53 commissioner of natural resources for 26.54 an agreement with Kabetogama Lake 26.55 Association in cooperation with the 26.56 National Park Service for trail 26.57 construction linking Lake Kabetogama, 26.58 Ash River, and Voyageurs National Park. 26.59 This appropriation must be matched by 26.60 at least $100,000 of nonstate money. 26.61 This appropriation is available until 26.62 June 30, 2002, at which time the 26.63 project must be completed and final 26.64 products delivered, unless an earlier 26.65 date is specified in the work program. 27.1 (d) Mesabi Trail 27.2 Connection 27.3 $80,000 the first year is from the 27.4 future resources fund to the 27.5 commissioner of natural resources for 27.6 an agreement with the East Range Joint 27.7 Powers Board to develop trail 27.8 connections to the Mesabi Trail with 27.9 the communities of Aurora, Hoyt Lakes, 27.10 and White. This appropriation must be 27.11 matched by at least $80,000 of nonstate 27.12 money. This appropriation is available 27.13 until June 30, 2002, at which time the 27.14 project must be completed and final 27.15 products delivered, unless an earlier 27.16 date is specified in the work program. 27.17 (e) Dakota County 27.18 Bikeway Mapping 27.19 $15,000 the first year is from the 27.20 future resources fund to the 27.21 metropolitan council for an agreement 27.22 with Dakota county to cost share the 27.23 integration of digital elevation 27.24 information in the Dakota county 27.25 geographic information system database 27.26 with trail and bikeway routes and 27.27 develop maps for trail and bikeway 27.28 users. 27.29 (f) Mississippi Riverfront 27.30 Trail and Access 27.31 $155,000 the first year is from the 27.32 future resources fund to the 27.33 commissioner of natural resources for 27.34 an agreement with the city of Hastings 27.35 to acquire and restore the public 27.36 access area and to complete the 27.37 connecting riverfront trail from the 27.38 public access to lock and dam number 27.39 two adjacent to Lake Rebecca. This 27.40 appropriation must be matched by at 27.41 least $155,000 of nonstate money. 27.42 (g) Management and Restoration 27.43 of Natural Plant Communities 27.44 on State Trails 27.45 $75,000 the first year and $75,000 the 27.46 second year are from the trust fund to 27.47 the commissioner of natural resources 27.48 to manage and restore natural plant 27.49 communities along state trails under 27.50 Minnesota Statutes, section 85.015. 27.51 (h) North Shore Touring Trail 27.52 $275,000 the first year and $275,000 27.53 the second year are from the trust fund 27.54 to the commissioner of natural 27.55 resources in cooperation with the North 27.56 Shore Touring Trail Association for 27.57 construction of the north shore touring 27.58 trail connection through Split Rock 27.59 State Park. The commissioner must 27.60 submit grant requests for supplemental 27.61 funding for federal TEA-21 money in 27.62 eligible categories and report the 28.1 results to the legislative commission 28.2 on Minnesota resources. This 28.3 appropriation is available until June 28.4 30, 2002, at which time the project 28.5 must be completed and final products 28.6 delivered, unless an earlier date is 28.7 specified in the work program. 28.8 (i) State Park and Recreation 28.9 Area Acquisition, Development, 28.10 Betterment, and Rehabilitation 28.11 $500,000 the first year and $500,000 28.12 the second year are from the trust fund 28.13 to the commissioner of natural 28.14 resources as follows: (1) for state 28.15 park and recreation area acquisition, 28.16 $500,000; and (2) for state park and 28.17 recreation area development, 28.18 rehabilitation, and resource 28.19 management, $500,000, unless otherwise 28.20 specified in the approved work 28.21 program. The use of the Minnesota 28.22 conservation corps is encouraged. The 28.23 commissioner must submit grant requests 28.24 for supplemental funding for federal 28.25 TEA-21 money in eligible categories and 28.26 report the results to the legislative 28.27 commission on Minnesota resources. 28.28 This appropriation is available until 28.29 June 30, 2002, at which time the 28.30 project must be completed and final 28.31 products delivered, unless an earlier 28.32 date is specified in the work program. 28.33 (j) Fort Snelling State Park; 28.34 Upper Bluff Implementation - 28.35 Continuation 28.36 $125,000 the first year and $125,000 28.37 the second year are from the trust fund 28.38 to the commissioner of natural 28.39 resources to implement the utilization 28.40 plan for the Upper Bluff area of Fort 28.41 Snelling Park. 28.42 (k) Interpretive Boat 28.43 Tours of Hill Annex 28.44 Mine State Park 28.45 $30,000 the first year and $30,000 the 28.46 second year are from the trust fund to 28.47 the commissioner of natural resources 28.48 to add interpretive boat excursion 28.49 tours of the mine. The project will 28.50 include purchase and equipping of a 28.51 craft and development of a landing area. 28.52 (l) Metropolitan Regional Parks 28.53 Acquisition, Rehabilitation, 28.54 and Development 28.55 $1,000,000 the first year and 28.56 $1,000,000 the second year are from the 28.57 trust fund to the metropolitan council 28.58 for subgrants for acquisition, 28.59 development, and rehabilitation in the 28.60 metropolitan regional park system, 28.61 consistent with the metropolitan 28.62 council regional recreation open space 28.63 capital improvement plan. This 29.1 appropriation may be used for the 29.2 purchase of homes only if the purchases 29.3 are expressly included in the work 29.4 program approved by the legislative 29.5 commission on Minnesota resources. The 29.6 metropolitan council shall collect and 29.7 digitize all local, regional, state, 29.8 and federal parks and all off-road 29.9 trails with connecting on-road routes 29.10 for the metropolitan area and produce a 29.11 printed map that is available to the 29.12 public. This appropriation is 29.13 available until June 30, 2002, at which 29.14 time the project must be completed and 29.15 final products delivered, unless an 29.16 earlier date is specified in the work 29.17 program. 29.18 (m) Luce Line Trail 29.19 Connection Through 29.20 Wirth Park 29.21 $300,000 the first year is from the 29.22 future resources fund to the 29.23 metropolitan council for an agreement 29.24 with the Minneapolis Park and 29.25 Recreation Board to complete the 29.26 construction of a bicycle and 29.27 pedestrian trail link through Wirth 29.28 Park to connect the Minneapolis 29.29 Regional Trail System with the Luce 29.30 Line State Trail. This appropriation 29.31 must be matched by at least $300,000 of 29.32 nonstate money. This appropriation is 29.33 available until June 30, 2002, at which 29.34 time the project must be completed and 29.35 final products delivered, unless an 29.36 earlier date is specified in the work 29.37 program. 29.38 Subd. 5. Historic 29.39 737,000 213,000 29.40 Summary by Fund 29.41 Minnesota Future 29.42 Resources Fund 525,000 - 0 - 29.43 Environment and 29.44 Natural Resources 29.45 Trust Fund 212,000 213,000 29.46 (a) Documenting Traditional 29.47 Cultural Properties 29.48 in Minnesota 29.49 $50,000 the first year is from the 29.50 future resources fund to the Minnesota 29.51 Historical Society to identify and 29.52 protect traditional cultural places of 29.53 Minnesota Indian people. The society 29.54 must request matching funds from 29.55 nonstate sources and report the results 29.56 to the legislative commission on 29.57 Minnesota resources. 29.58 (b) Using National Register 29.59 Properties to Interpret 29.60 Minnesota History 30.1 $90,000 the first year is from the 30.2 future resources fund to the Minnesota 30.3 Historical Society to create 30.4 interactive, mini-documentaries in 30.5 Internet format using the National 30.6 Register properties to interpret 30.7 selected themes in Minnesota history. 30.8 (c) Historic Site Land 30.9 Acquisition 30.10 $87,000 the first year and $88,000 the 30.11 second year are from the trust fund to 30.12 the Minnesota Historical Society to 30.13 purchase land adjacent to the Lower 30.14 Sioux Agency, Jeffers Petroglyphs, and 30.15 Oliver Kelley Farm sites to protect the 30.16 historic resources. Allocation of 30.17 dollars between the three sites shall 30.18 be determined based on the willingness 30.19 of sellers and reasonable purchase 30.20 prices at the respective sites. This 30.21 appropriation is available until June 30.22 30, 2002, at which time the project 30.23 must be completed and final products 30.24 delivered, unless an earlier date is 30.25 specified in the work program. 30.26 (d) Murphy's Landing 30.27 Improvements to Prairie, 30.28 Accessible Trail, and 30.29 Ferry Landing 30.30 $110,000 the first year is from the 30.31 future resources fund to the Minnesota 30.32 Historical Society for an agreement 30.33 with Murphy's Landing for prairie 30.34 restoration, and construction of boat 30.35 and ferry landings and a lookout at 30.36 Historic Murphy's Landing on the 30.37 Minnesota River. This appropriation 30.38 must be matched by at least $75,000 of 30.39 nonstate money. 30.40 (e) Gibbs Farm Museum 30.41 Interpretation 30.42 $150,000 the first year is from the 30.43 future resources fund to the Minnesota 30.44 Historical Society for an agreement 30.45 with Ramsey County Historical Society 30.46 to build and furnish replica structures 30.47 of historic lifestyles and land use of 30.48 the Dakota and pioneers. 30.49 (f) Traverse des Sioux 30.50 Site Development 30.51 $125,000 the first year and $125,000 30.52 the second year are from the trust fund 30.53 to the Minnesota Historical Society to 30.54 improve public access to state historic 30.55 site Traverse des Sioux including 30.56 trails, interpretive markers, and basic 30.57 visitor amenities. 30.58 (g) Old Wadena Historic 30.59 Site Development 30.60 $25,000 the first year is from the 30.61 future resources fund to the Minnesota 31.1 Historical Society for an agreement 31.2 with Wah De Nah Historic and 31.3 Environmental Learning Project to 31.4 develop a footbridge, archaeological 31.5 survey, and educational programs. This 31.6 appropriation must be matched by at 31.7 least $6,000 of nonstate money. 31.8 (h) Pickwick Mill 31.9 Machine Restoration 31.10 $100,000 the first year is from the 31.11 future resources fund to the Minnesota 31.12 Historical Society for an agreement 31.13 with Pickwick Mill Inc. for the second 31.14 biennium to continue the restoration of 31.15 the machinery of Pickwick Mill. This 31.16 appropriation must be matched by at 31.17 least $25,000 of nonstate money. 31.18 Subd. 6. Water Quality 31.19 2,020,000 730,000 31.20 Summary by Fund 31.21 Minnesota Future 31.22 Resources Fund 1,290,000 - 0 - 31.23 Environment and 31.24 Natural Resources 31.25 Trust Fund 730,000 730,000 31.26 (a) On-Site Sewage Treatment 31.27 Alternatives; Performance, 31.28 Outreach and 31.29 Demonstration - Continuation 31.30 $275,000 the first year and $275,000 31.31 the second year are from the trust fund 31.32 to the commissioner of the pollution 31.33 control agency for the third biennium 31.34 to monitor previously built test sites 31.35 for pathogen removal and other 31.36 parameters for indicators of treatment 31.37 efficiency, to determine maintenance 31.38 needs and system longevity, and to 31.39 pursue the establishment of cooperative 31.40 demonstration projects. 31.41 (b) Identification of Sediment 31.42 Sources in Agricultural 31.43 Watersheds 31.44 $175,000 the first year and $175,000 31.45 the second year are from the trust fund 31.46 to the Science Museum of Minnesota to 31.47 quantify the contribution of streambank 31.48 erosion versus overland erosion sources 31.49 to riverine suspended sediment 31.50 concentrations. This appropriation 31.51 must be matched by at least $90,000 of 31.52 nonstate money. 31.53 (c) Accelerated Statewide 31.54 Local Water Plan 31.55 Implementation 31.56 $1,000,000 the first year is from the 31.57 future resources fund to the board of 31.58 water and soil resources to accelerate 32.1 the local water planning challenge 32.2 grant program under Minnesota Statutes, 32.3 section 103B.3361, to assist in the 32.4 implementation of high priority 32.5 activities in comprehensive water 32.6 management plans on a cost-share 32.7 basis. $140,000 of this appropriation 32.8 is to St. Louis county to inventory and 32.9 evaluate existing sewage treatment 32.10 systems. $75,000 of this appropriation 32.11 is to the Whitefish Area Property 32.12 Owners Association in cooperation with 32.13 Crow Wing county to inspect all 32.14 lakeshore properties on the Whitefish 32.15 chain of lakes for conformance with 32.16 septic system requirements. $50,000 of 32.17 this appropriation is to Chisago county 32.18 to develop sustainable wastewater 32.19 treatment alternatives which must be 32.20 matched by at least $30,000 of nonstate 32.21 money. 32.22 (d) Tracking Sources of Fecal 32.23 Pollution Using DNA Techniques 32.24 $150,000 the first year and $150,000 32.25 the second year are from the trust fund 32.26 to the University of Minnesota to 32.27 define sources of fecal pollution in 32.28 waters. 32.29 (e) Groundwater Flow in the 32.30 Prairie du Chien Aquifer 32.31 $55,000 the first year and $55,000 the 32.32 second year are from the trust fund to 32.33 the University of Minnesota to 32.34 characterize groundwater flow within 32.35 the Prairie du Chien Formation. 32.36 (f) Lake Minnetonka Citizens' 32.37 Monitoring and Education 32.38 Network 32.39 $40,000 the first year is from the 32.40 future resources fund to the 32.41 commissioner of natural resources for 32.42 an agreement with the Lake Minnetonka 32.43 Association to begin volunteer network 32.44 training and education for a 32.45 comprehensive monitoring program. This 32.46 appropriation must be matched by at 32.47 least $20,000 of nonstate money. 32.48 (g) Erosion Impacts on the 32.49 Cannon Valley Big Woods 32.50 $75,000 the first year and $75,000 the 32.51 second year are from the trust fund to 32.52 the University of Minnesota in 32.53 cooperation with the Big Woods Project 32.54 to determine historical and future 32.55 effects of land practices on soil 32.56 erosion levels and develop land 32.57 management tools in the big woods 32.58 ecosystem in Rice county. 32.59 (h) Lake Calhoun and Lake 32.60 Harriet Gravity Flow Stream System 32.61 $250,000 the first year is from the 33.1 future resources fund to the 33.2 metropolitan council for an agreement 33.3 with the Minneapolis Park and 33.4 Recreation Board to complete 33.5 construction of the gravity flow stream 33.6 connection between Lake Calhoun and 33.7 Lake Harriet to improve lakewater 33.8 quality and equalize water levels in 33.9 the chain of lakes. This appropriation 33.10 must be matched by sufficient nonstate 33.11 money to complete the project. 33.12 Subd. 7. Agriculture and Natural 33.13 Resource Based Industries 33.14 5,268,000 1,582,000 33.15 Summary by Fund 33.16 Minnesota Future 33.17 Resources Fund 3,685,000 - 0 - 33.18 Environment and 33.19 Natural Resources 33.20 Trust Fund 1,583,000 1,582,000 33.21 (a) Green Forest 33.22 Certification Project 33.23 $75,000 the first year and $75,000 the 33.24 second year are from the trust fund to 33.25 the commissioner of natural resources 33.26 for an agreement with the Institute for 33.27 Agriculture and Trade Policy to certify 33.28 foresters and to evaluate private 33.29 forest lands for green certification. 33.30 (b) Accelerated Transfer of New 33.31 Forest - Research Findings 33.32 $58,000 the first year and $57,000 the 33.33 second year are from the trust fund to 33.34 the University of Minnesota to 33.35 accelerate educational programming by 33.36 the sustainable forest education 33.37 cooperative on the practical 33.38 application of landscape-level analysis 33.39 in site-level forest management. 33.40 (c) Minnesota Wildlife 33.41 Tourism Initiative 33.42 $125,000 the first year and $125,000 33.43 the second year are from the trust fund 33.44 to the commissioner of natural 33.45 resources to develop, implement, and 33.46 evaluate a project focusing on wildlife 33.47 tourism as a sustainable industry in 33.48 Minnesota in cooperation with the 33.49 office of tourism. 33.50 (d) Integrated Prairie 33.51 Management 33.52 $175,000 the first year and $175,000 33.53 the second year are from the trust fund 33.54 to the commissioner of natural 33.55 resources for an agreement with the 33.56 University of Minnesota and Clay county 33.57 in a cooperative project for an 33.58 aggregate resource inventory on public 34.1 lands, prairie restoration and 34.2 research, and stewardship plans for 34.3 management options. This appropriation 34.4 is available until June 30, 2002, at 34.5 which time the project must be 34.6 completed and final products delivered, 34.7 unless an earlier date is specified in 34.8 the work program. 34.9 (e) Improved Agricultural Systems 34.10 Overlying Sensitive Aquifers 34.11 in Southwestern Minnesota 34.12 $200,000 the first year is from the 34.13 future resources fund to the 34.14 commissioner of agriculture for an 34.15 agreement with the University of 34.16 Minnesota, Southwest Experiment 34.17 Station, to provide technical support, 34.18 research, systems evaluation, and 34.19 advisory teams to protect sensitive 34.20 alluvial aquifers threatened by nitrate 34.21 contamination in southwest Minnesota. 34.22 (f) Diversifying Agriculture 34.23 for Environmental, Economic, 34.24 and Social Benefits 34.25 $300,000 the first year and $300,000 34.26 the second year are from the trust fund 34.27 to the University of Minnesota to 34.28 research new plant materials and crop 34.29 management systems for diversification. 34.30 (g) Minnesota River Basin 34.31 Initiative; Local Leadership 34.32 $350,000 the first year and $350,000 34.33 the second year are from the trust fund 34.34 to the board of water and soil 34.35 resources for a cost share agreement 34.36 with the Minnesota River Basin Joint 34.37 Powers Board for landscape planning and 34.38 demonstration, and restoration and 34.39 management projects for the Minnesota 34.40 River on a cost-share basis. 34.41 (h) Commercial Fertilizer Plant 34.42 for Livestock Solid Waste 34.43 Processing 34.44 $400,000 the first year is from the 34.45 future resources fund to the 34.46 agricultural utilization research 34.47 institute for an agreement with 34.48 AquaCare International, Inc. to 34.49 establish a commercial grade fertilizer 34.50 plant that will enhance and process 34.51 animal wastewater solids through 34.52 micronization technology. This 34.53 appropriation must be matched by at 34.54 least $425,000 of nonstate money. As a 34.55 condition of receiving this 34.56 appropriation, AquaCare International, 34.57 Inc. must agree to pay to the state a 34.58 royalty. Notwithstanding Minnesota 34.59 Statutes, section 116P.10, the royalty 34.60 must be two percent of gross revenues 34.61 accruing to AquaCare International, 34.62 Inc. from this application of 34.63 micronization technology. Receipts 35.1 from the royalty must be credited to 35.2 the fund. 35.3 (i) Preservation of Native 35.4 Wild Rice Resource 35.5 $200,000 the first year is from the 35.6 future resources fund to the 35.7 commissioner of natural resources for 35.8 an agreement with Leech Lake 35.9 Reservation to analyze critical factors 35.10 in different northern rice habitats and 35.11 determine methods to preserve the 35.12 natural diversity of wild rice. This 35.13 appropriation must be matched by at 35.14 least $45,000 of nonstate money. 35.15 (j) Wild Rice Management 35.16 Planning 35.17 $200,000 the first year is from the 35.18 future resources fund to the 35.19 commissioner of natural resources for 35.20 an agreement with the Boise Forte Band 35.21 of Chippewa to develop databases and 35.22 management plans for northern wild rice 35.23 lakes. This appropriation must be 35.24 matched by at least $20,000 of nonstate 35.25 money. 35.26 (k) Mesabi Iron Range, 35.27 Water and Mineral Resource 35.28 Planning 35.29 $200,000 the first year and $200,000 35.30 the second year are from the trust fund 35.31 to the commissioner of natural 35.32 resources. $125,000 the first year and 35.33 $125,000 the second year are from the 35.34 trust fund to the University of 35.35 Minnesota to develop and assemble 35.36 essential data on stockpile composition 35.37 and ownership, complete hydrogeologic 35.38 base maps, site and design an overflow 35.39 outlet, and distribute results to local 35.40 government and industry. This project 35.41 is to be coordinated by the Range 35.42 Association of Municipalities and 35.43 Schools. This appropriation is 35.44 available until June 30, 2002, at which 35.45 time the project must be completed and 35.46 final products delivered, unless an 35.47 earlier date is specified in the work 35.48 program. 35.49 (l) Sustainable Aquaculture 35.50 Development in Minnesota 35.51 $130,000 the first year is from the 35.52 future resources fund to the 35.53 commissioner of agriculture in 35.54 cooperation with the University of 35.55 Minnesota to develop, demonstrate, and 35.56 evaluate prototypes of aquaponic 35.57 systems that operate in an urban 35.58 environment and use a combination of 35.59 aquacultural and hydroponic techniques 35.60 to produce fish and plants for human 35.61 consumption. $55,000 the first year is 35.62 from the future resources fund to the 35.63 commissioner of agriculture in 36.1 cooperation with the MinAqua Fisheries 36.2 Cooperative, with assistance from the 36.3 University of Minnesota, for the 36.4 purchase, operation, and demonstration 36.5 of ozonation equipment for water 36.6 treatment and conditioning in large 36.7 recirculating aquaculture systems. 36.8 These appropriations are available 36.9 until June 30, 2002, at which time the 36.10 project must be completed and final 36.11 products delivered, unless an earlier 36.12 date is specified in the work program. 36.13 As a condition of receiving this 36.14 appropriation, MinAqua Fisheries 36.15 Cooperative must agree to pay to the 36.16 state a royalty. Notwithstanding 36.17 Minnesota Statutes, section 116P.10, 36.18 the royalty must be two percent of the 36.19 gross revenues accruing to MinAqua 36.20 Fisheries Cooperative from this 36.21 application of ozonation technology. 36.22 Receipts from the royalty must be 36.23 credited to the fund. 36.24 (m) Sustainable Farming 36.25 Systems - Continuation 36.26 $350,000 the first year is from the 36.27 future resources fund to the University 36.28 of Minnesota, Minnesota Institute for 36.29 Sustainable Agriculture, for on-farm 36.30 and experiment station research, 36.31 documentation and dissemination of 36.32 information on alternative farm 36.33 practices in order to integrate recent 36.34 scientific advances, improve farm 36.35 efficiencies, promote profitability, 36.36 and to enhance environmental quality. 36.37 (n) Economic Analysis of 36.38 Agriculture for Multiple 36.39 Benefits 36.40 $250,000 the first year is from the 36.41 future resources fund to the 36.42 commissioner of agriculture for an 36.43 agreement with the Land Stewardship 36.44 Project to evaluate economic and 36.45 environmental benefits from current and 36.46 future agricultural production. 36.47 (o) Nonwood Agricultural Fibers 36.48 and Industrial Hemp for Pulp 36.49 and Paper Manufacture 36.50 $200,000 the first year is from the 36.51 future resources fund to the University 36.52 of Minnesota to investigate the 36.53 feasibility of various agricultural 36.54 pulp markets in the development of 36.55 small scale pulp mills in the 36.56 agricultural regions of the state. 36.57 (p) Sustainable Livestock 36.58 Systems 36.59 $350,000 the first year is from the 36.60 future resources fund to the 36.61 commissioner of agriculture for an 36.62 agreement with the University of 36.63 Minnesota, West Central Experiment 37.1 Station, for on-farm research and 37.2 education programs to support small- to 37.3 moderate-scale farms through whole farm 37.4 planning and monitoring of forage-based 37.5 livestock systems. 37.6 (q) Forest Wildlife Biologist 37.7 for Ruffed Grouse 37.8 $1,000,000 the first year is from the 37.9 future resources fund to the 37.10 commissioner of natural resources for 37.11 an agreement with the Ruffed Grouse 37.12 Society, Inc. to fund a position and 37.13 related costs for a forest wildlife 37.14 biologist employed by the society that 37.15 will provide technical assistance to 37.16 public and private landowners for 37.17 improved ruffed grouse habitat and 37.18 related forest wildlife conservation. 37.19 The activity funded by this 37.20 appropriation must be done in 37.21 collaboration with institutes of higher 37.22 learning and state agencies. The 37.23 amounts of this appropriation made 37.24 available in each fiscal year must not 37.25 exceed those stated in the work 37.26 program. As a condition of receiving 37.27 this appropriation, the society must 37.28 demonstrate that it has created a 37.29 private endowment to fund this position 37.30 and related costs with nonstate money 37.31 after this appropriation has been 37.32 spent. The society must demonstrate 37.33 that it has a sound financial plan to 37.34 increase the principal of the endowment 37.35 to at least $1,000,000 of nonstate 37.36 money by January 1, 2000, and to 37.37 $2,000,000 of nonstate money by June 37.38 30, 2007. The work program must 37.39 provide that failure of the society to 37.40 meet the goals of the financial plan on 37.41 time will cause further payments from 37.42 this appropriation to be withheld until 37.43 the goals are met. This appropriation 37.44 is available until June 30, 2007, at 37.45 which time the project must be 37.46 completed and final products delivered, 37.47 unless an earlier date is specified in 37.48 the work program. 37.49 (r) Organic Farming 37.50 Training Project 37.51 $175,000 the first year and $175,000 37.52 the second year are from the trust fund 37.53 to the commissioner of agriculture for 37.54 an agreement with the Minnesota Food 37.55 Association in cooperation with the 37.56 Midwest Organic Alliance to recruit and 37.57 train new immigrant and conventional 37.58 farmers in sustainable and organic 37.59 methods utilizing a mentoring approach. 37.60 (s) Construction and Demolition 37.61 Waste Abatement 37.62 Demonstration Project 37.63 $250,000 the first year is from the 37.64 future resources fund to the director 37.65 of the office of environmental 38.1 assistance for an agreement with the 38.2 Green Institute to field test building 38.3 salvage strategies, expanding markets 38.4 for salvaged materials, and creating a 38.5 community-based enterprise model. 38.6 (t) Minnesota River Valley 38.7 Scenic Byway Interpretive 38.8 Signage 38.9 $100,000 the first year is from the 38.10 future resources fund to the 38.11 commissioner of transportation for an 38.12 agreement with the Upper Minnesota 38.13 Valley Regional Development Commission 38.14 to design and construct interpretive 38.15 kiosks and entrance signs along the 38.16 Minnesota River Valley scenic byway. 38.17 Construction and installation are 38.18 contingent on receiving 80 percent 38.19 TEA-21 or other nonstate match money. 38.20 Subd. 8. Urbanization Impacts 38.21 1,998,000 400,000 38.22 Summary by Fund 38.23 Minnesota Future 38.24 Resources Fund 1,598,000 - 0 - 38.25 Environment and 38.26 Natural Resources 38.27 Trust Fund 400,000 400,000 38.28 (a) Resources for Redevelopment: 38.29 A Community Property 38.30 Investigation Program 38.31 $100,000 the first year is from the 38.32 future resources fund to the pollution 38.33 control agency for an agreement with 38.34 the Minnesota Environmental Initiative 38.35 to assess environmental contamination 38.36 in up to sixteen brownfield sites 38.37 statewide on a cost-share basis for 38.38 each site in order to promote property 38.39 redevelopment by community nonprofit 38.40 organizations. 38.41 (b) Tools and Training for 38.42 Community-Based Planning 38.43 $225,000 the first year and $225,000 38.44 the second year are from the trust fund 38.45 to the office of strategic and 38.46 long-range planning to develop 38.47 software, data, and training for local 38.48 government planning for delivery of 38.49 state geographic information systems 38.50 data and models for social and 38.51 environmental decision making. 38.52 (c) Protecting Dakota County 38.53 Farmland and Natural Areas 38.54 $100,000 the first year and $100,000 38.55 the second year are from the trust fund 38.56 to the commissioner of natural 38.57 resources for an agreement with Dakota 38.58 county to inventory and identify unique 39.1 farmland and natural areas and to 39.2 protect land through conservation 39.3 easements. 39.4 (d) Urban Corridor Design 39.5 $600,000 the first year is from the 39.6 future resources fund to the University 39.7 of Minnesota to develop sustainability 39.8 designs for selected urban corridors. 39.9 (e) Conservation-Based Development 39.10 Program 39.11 $75,000 the first year and $75,000 the 39.12 second year are from the trust fund to 39.13 the commissioner of natural resources 39.14 for an agreement with the Minnesota 39.15 Land Trust to design four model 39.16 developments and acquire conservation 39.17 easements within new developments that 39.18 enhance the natural, rural landscape. 39.19 This appropriation must be matched by 39.20 at least $65,000 of nonstate money. 39.21 (f) Sustainable Stormwater Management 39.22 and Erosion Control for Athletic 39.23 Fields and Parking Lot Retrofit 39.24 $200,000 the first year is from the 39.25 future resources fund to the 39.26 metropolitan council for an agreement 39.27 with the Minneapolis Park and 39.28 Recreation Board to design and 39.29 construct bioretention areas at 39.30 athletic fields and existing parking 39.31 lots in order to manage erosion, soil 39.32 compaction, and stormwater runoff. 39.33 Design results must be made available 39.34 in readily useable formats. This 39.35 appropriation must be matched by at 39.36 least $200,000 of nonstate money. 39.37 (g) Community-Based Initiatives: 39.38 Land Use for Sustainable 39.39 Agriculture - Continuation 39.40 $400,000 the first year is from the 39.41 future resources fund to the 39.42 commissioner of natural resources for 39.43 an agreement with the Sustainable 39.44 Resources Center to develop and 39.45 preserve urban and suburban agriculture 39.46 sites through sustainable landscaping, 39.47 to promote producer and consumer 39.48 participation in sustainable 39.49 agriculture, and to train urban 39.50 gardening experts. 39.51 (h) Chisago Lakes Outlet 39.52 Channel Project 39.53 $40,000 the first year is from the 39.54 future resources fund to the 39.55 commissioner of natural resources for 39.56 an agreement with Chisago county to 39.57 complete the final construction phase 39.58 of the outlet channel at Chisago 39.59 Lakes. This appropriation must be 39.60 matched by at least $50,000 of nonstate 39.61 money. 40.1 (i) Virginia Storm Sewer Project 40.2 $225,000 the first year is from the 40.3 future resources fund to the department 40.4 of trade and economic development for 40.5 an agreement with the city of Virginia 40.6 for relocation of the Silver Lake storm 40.7 sewer outlet, construction of 40.8 sedimentation ponds, and renovation of 40.9 the Sauntry Creek diversion structure. 40.10 Native plantings must be used in buffer 40.11 strips. This appropriation must be 40.12 matched by at least $225,000 of 40.13 nonstate money. 40.14 (j) Blufflands Implementation 40.15 $33,000 the first year is from the 40.16 future resources fund to the 40.17 commissioner of natural resources for 40.18 an agreement with Winona county to 40.19 implement land protection 40.20 recommendations in the blufflands 40.21 design manual. 40.22 Subd. 9. Innovations in Energy 40.23 and Transportation 40.24 513,000 62,000 40.25 Summary by Fund 40.26 Minnesota Future 40.27 Resources Fund 450,000 - 0 - 40.28 Environment and 40.29 Natural Resources 40.30 Trust Fund 63,000 62,000 40.31 (a) Ice Arena Design for Efficiency 40.32 and Air Quality - Continuation 40.33 $100,000 the first year is from the 40.34 future resources fund to the amateur 40.35 sports commission for an agreement with 40.36 the Center for Energy and Environment 40.37 in cooperation with the department of 40.38 health to enhance energy efficiency and 40.39 assure indoor air quality in new and 40.40 existing ice arenas in Minnesota 40.41 technical assistance and energy audits. 40.42 (b) Promoting High Efficiency 40.43 Cogeneration 40.44 $100,000 the first year is from the 40.45 future resources fund to the office of 40.46 strategic and long-range planning and 40.47 the Minnesota environmental quality 40.48 board to develop a statewide inventory 40.49 of potential cogeneration sites and a 40.50 regulatory guidance manual. 40.51 (c) Evaluate Biodiesel Made From 40.52 Waste Fats and Oils 40.53 $63,000 the first year and $62,000 the 40.54 second year are from the trust fund to 40.55 the commissioner of agriculture in 40.56 cooperation with the Minnesota Soybean 40.57 Growers Association to produce a diesel 41.1 fuel from soybeans and waste cooking 41.2 oils and greases, for laboratory 41.3 evaluation of the fuel for particulates 41.4 and engine power, and for trial in 41.5 light-duty vehicles. The appropriation 41.6 must be matched by at least $50,000 of 41.7 nonstate money. 41.8 (d) Wind Power for Rural 41.9 Development - Continuation 41.10 $250,000 the first year is from the 41.11 future resources fund to the 41.12 commissioner of natural resources for 41.13 an agreement with the Sustainable 41.14 Resources Center to provide an outreach 41.15 program including technical assistance, 41.16 site-specific resource analysis, 41.17 training for local officials on wind 41.18 energy rights and economics, and the 41.19 design and construction of a wind 41.20 energy traveling exhibit. 41.21 Subd. 10. Decision-Making Tools 41.22 1,000,000 705,000 41.23 Summary by Fund 41.24 Minnesota Future 41.25 Resources Fund 295,000 - 0 - 41.26 Environment and 41.27 Natural Resources 41.28 Trust Fund 705,000 705,000 41.29 (a) Goodhue County Natural Resources 41.30 Inventory and Management Plan 41.31 $75,000 the first year is from the 41.32 future resources fund to the board of 41.33 water and soil resources for an 41.34 agreement with Goodhue county to 41.35 inventory, evaluate, and describe 41.36 natural resources and create a 41.37 geographic information system-based map 41.38 and database. The appropriation must 41.39 be matched by at least $50,000 of 41.40 nonstate money. 41.41 (b) Public Access to Mineral 41.42 Knowledge 41.43 $100,000 the first year is from the 41.44 future resources fund to the department 41.45 of natural resources to accelerate the 41.46 automation of historic mineral 41.47 exploration information and to make the 41.48 database accessible and searchable. 41.49 (c) Updating Outmoded Soil 41.50 Surveys - Continuation 41.51 $250,000 the first year and $250,000 41.52 the second year are from the trust fund 41.53 to the board of water and soil 41.54 resources for the first biennium of a 41.55 four biennia project to accelerate a 41.56 statewide program to begin to update 41.57 and digitize soil surveys in up to 25 41.58 counties, including Fillmore county. 42.1 Participating counties must provide a 42.2 cost share. 42.3 (d) Climate Variability and Change 42.4 Impacts on Minnesota Resources 42.5 $175,000 the first year and $175,000 42.6 the second year are from the trust fund 42.7 to the University of Minnesota to 42.8 develop a database of climate measures 42.9 relevant to recreation, tourism, 42.10 agriculture, and forestry, and to 42.11 construct climate scenarios for 42.12 Minnesota over the next 50 years. 42.13 (e) Minnesota Environmentally 42.14 Preferable Chemicals Project 42.15 $75,000 the first year and $75,000 the 42.16 second year are from the trust fund to 42.17 the office of environmental assistance 42.18 for an agreement with the Institute for 42.19 Local Self-Reliance to build an 42.20 industry network of users and producers 42.21 of petrochemicals and biochemicals, and 42.22 to promote a shift to environmentally 42.23 preferable chemicals. This 42.24 appropriation must be matched by at 42.25 least $40,000 of nonstate money. 42.26 (f) GIS Utilization of Historic 42.27 Timberland Survey Records 42.28 $120,000 the first year is from the 42.29 future resources fund to the Minnesota 42.30 Historical Society to digitize and 42.31 distribute historic timberland survey 42.32 records in a geographic information 42.33 system format. 42.34 (g) By-Products Application 42.35 to Agricultural, Mineland, and 42.36 Forest Soils 42.37 $175,000 the first year and $175,000 42.38 the second year are from the trust fund 42.39 to the pollution control agency for an 42.40 agreement with Western Lake Superior 42.41 Sanitary District to create a northeast 42.42 Minnesota consortium of public 42.43 utilities, wood-products, and mining 42.44 industries to research environmentally 42.45 sound coapplications of industrial and 42.46 municipal by-products for agriculture, 42.47 forestry, and mineland reclamation. 42.48 This appropriation must be matched by 42.49 at least $21,000 of nonstate money. 42.50 (h) Winter Severity Index 42.51 for Deer 42.52 $30,000 the first year and $30,000 the 42.53 second year are from the trust fund to 42.54 the commissioner of natural resources 42.55 for an agreement with the Minnesota 42.56 Deer Hunters Association to determine 42.57 the relationship between the winter 42.58 severity index, deer condition, and 42.59 deer mortality. This appropriation 42.60 must be matched by at least $5,000 in 42.61 nonstate money and at least $30,000 in- 43.1 kind match. This appropriation is 43.2 available until June 30, 2002, at which 43.3 time the project must be completed and 43.4 final products delivered, unless an 43.5 earlier date is specified in the work 43.6 program. 43.7 Subd. 11. Environmental Education 43.8 2,525,000 980,000 43.9 Summary by Fund 43.10 Minnesota Future 43.11 Resources Fund 1,545,000 - 0 - 43.12 Environment and 43.13 Natural Resources 43.14 Trust Fund 980,000 980,000 43.15 (a) Uncommon Ground: An Educational 43.16 Television Series 43.17 $200,000 the first year and $200,000 43.18 the second year are from the trust fund 43.19 to the University of Minnesota for 43.20 matching funding to produce a televised 43.21 series of natural landscapes 43.22 chronicling two centuries of change in 43.23 Minnesota. 43.24 (b) Ecology Bus Environmental 43.25 Education 43.26 $200,000 the first year is from the 43.27 future resources fund to the 43.28 commissioner of natural resources for 43.29 an agreement with the Prairie Ecology 43.30 Bus Center to expand programs conducted 43.31 with the ecology bus. This 43.32 appropriation may not be used for 43.33 depreciation costs on equipment. 43.34 (c) Renovation of Open Spaces: 43.35 Twin Cities Neighborhoods 43.36 $200,000 the first year is from the 43.37 future resources fund to the 43.38 commissioner of natural resources for 43.39 an agreement with the Crown Jewel 43.40 Foundation to coordinate and implement 43.41 neighborhood planting activities 43.42 through youth and citizen training, and 43.43 education. This appropriation must be 43.44 matched by at least $170,000 of 43.45 nonstate money. 43.46 (d) Karst Education for 43.47 Southeastern Minnesota 43.48 $60,000 the first year and $60,000 the 43.49 second year are from the trust fund to 43.50 the board of water and soil resources 43.51 for an agreement with the Southeast 43.52 Minnesota Water Resources Board to 43.53 develop teacher training workshops, 43.54 educational materials, and exhibits 43.55 demonstrating the connections between 43.56 land use and ground water contamination 43.57 in southeastern Minnesota. 44.1 (e) Minnesota Wolf Public 44.2 Education 44.3 $60,000 the first year and $60,000 the 44.4 second year are from the trust fund to 44.5 the commissioner of natural resources 44.6 for an agreement with the International 44.7 Wolf Center to develop educational 44.8 curriculum, conduct teacher training 44.9 workshops, and develop a traveling 44.10 exhibit on wolves to address the 44.11 current Minnesota wolf management 44.12 debate. This appropriation must be 44.13 matched by at least $15,000 of nonstate 44.14 money. 44.15 (f) North American Bear Center, 44.16 Ely, Minnesota 44.17 $80,000 the first year is from the 44.18 future resources fund to the 44.19 commissioner of natural resources for 44.20 an agreement with the North American 44.21 Bear Center to develop a business plan, 44.22 marketing study, facility predesign, 44.23 and exhibit design for a North American 44.24 Bear Center. This appropriation must 44.25 be matched by at least $21,000 of 44.26 nonstate money. 44.27 (g) Accessible Outdoor 44.28 Recreation 44.29 $200,000 the first year and $200,000 44.30 the second year are from the trust fund 44.31 to the commissioner of natural 44.32 resources for an agreement with 44.33 wilderness inquiry to survey facilities 44.34 in at least 50 state recreation units 44.35 for the Minnesota guide to universal 44.36 access, develop assessments of 44.37 inclusion in recreation and 44.38 environmental education activities, and 44.39 provide opportunities for 44.40 participation. This appropriation is 44.41 available until June 30, 2002, at which 44.42 time the project must be completed and 44.43 final products delivered, unless an 44.44 earlier date is specified in the work 44.45 program. 44.46 (h) Science Outreach and 44.47 Integrated Learning on Soil 44.48 $125,000 the first year and $125,000 44.49 the second year are from the trust fund 44.50 to the Science Museum of Minnesota to 44.51 develop a soils experiment center and 44.52 demonstration plots to increase the 44.53 awareness of soil science and soil 44.54 health. This appropriation must be 44.55 matched by at least $100,000 of 44.56 nonstate money. This appropriation is 44.57 available until June 30, 2002, at which 44.58 time the project must be completed and 44.59 final products delivered, unless an 44.60 earlier date is specified in the work 44.61 program. 44.62 (i) Southeast Minnesota Streams 44.63 and Watershed Signage 45.1 $75,000 the first year and $75,000 the 45.2 second year are from the trust fund to 45.3 the commissioner of natural resources 45.4 for an agreement with the Minnesota 45.5 Trout Association to design, 45.6 manufacture, and install road signs to 45.7 identify southeast Minnesota streams 45.8 and watersheds. 45.9 (j) Teacher Training in 45.10 Interdisciplinary Environmental 45.11 Education 45.12 $30,000 the first year and $30,000 the 45.13 second year are from the trust fund to 45.14 the commissioner of natural resources 45.15 for an agreement with the Audubon 45.16 Center of the North Woods to train K-12 45.17 teachers in environmental education 45.18 techniques. 45.19 (k) Development and Rehabilitation 45.20 of Recreational Shooting Ranges 45.21 $350,000 the first year is from the 45.22 future resources fund to the 45.23 commissioner of natural resources to 45.24 provide cost-share grants to local 45.25 recreational shooting clubs for the 45.26 purpose of developing or rehabilitating 45.27 shooting sports facilities for public 45.28 use. In addition to the required work 45.29 program, grants may not be approved 45.30 until grant proposals to be funded have 45.31 been submitted to the legislative 45.32 commission on Minnesota resources and 45.33 the commission has approved the grants 45.34 or allowed 60 days to pass. 45.35 (l) Youth Outdoor Environmental 45.36 Education Program 45.37 $125,000 the first year is from the 45.38 future resources fund to the 45.39 commissioner of natural resources for 45.40 an agreement with Dakota county to 45.41 develop a youth naturalist program and 45.42 youth-at-risk environmental education 45.43 programs. 45.44 (m) Twin Cities Environmental 45.45 Service Learning - Continuation 45.46 $20,000 the first year and $20,000 the 45.47 second year are from the trust fund to 45.48 the commissioner of natural resources 45.49 for an agreement with Eco Education to 45.50 provide training and matching grants 45.51 for student service environmental 45.52 learning projects. This appropriation 45.53 must be matched by at least $40,000 of 45.54 nonstate money. 45.55 (n) Minnesota Whitetail Deer 45.56 Resource Center Exhibits 45.57 $400,000 the first year is from the 45.58 future resources fund to the 45.59 commissioner of natural resources for 45.60 an agreement with the Minnesota Deer 46.1 Hunters Association to construct 46.2 exhibits on whitetail deer in 46.3 Minnesota. This appropriation is 46.4 available to the extent matched by 46.5 expenditure of nonstate money on 46.6 exhibits. 46.7 (o) Sustainability Forums 46.8 $100,000 the first year and $100,000 46.9 the second year are from the trust fund 46.10 to the office of environmental 46.11 assistance for an agreement with the 46.12 Minnesota Division of the Izaak Walton 46.13 League of America to conduct forums for 46.14 the public and local units of 46.15 government on sustainability and 46.16 community-based planning objectives. 46.17 (p) Minnesota River Watershed 46.18 Ecology and History Exhibit 46.19 $90,000 the first year is from the 46.20 future resources fund to the Minnesota 46.21 Historical Society for an agreement 46.22 with Joseph R. Brown Heritage Society 46.23 to design and construct exhibits at the 46.24 Joseph R. Brown Minnesota River Center. 46.25 (q) Hyland Lake Environmental 46.26 Center 46.27 $110,000 the first year and $110,000 46.28 the second year are from the trust fund 46.29 to the metropolitan council for an 46.30 agreement with Suburban Hennepin 46.31 Regional Park District for predesign 46.32 and design of an environmental 46.33 education center in 46.34 Hyland-Bush-Anderson Lakes Regional 46.35 Park Reserve. 46.36 (r) Aquaculture, Hydroponics, and 46.37 Greenhouse Research Lab 46.38 $100,000 the first year is from the 46.39 future resources fund to the 46.40 commissioner of agriculture for an 46.41 agreement with Chisago Lakes High 46.42 School to design and construct a 46.43 greenhouse, hydroponics, and 46.44 aquaculture facility to support an 46.45 outdoor living classroom. 46.46 Subd. 12. Benchmarks and Indicators 46.47 2,365,000 1,965,000 46.48 Summary by Fund 46.49 Minnesota Future 46.50 Resources Fund 200,000 - 0 - 46.51 Environment and 46.52 Natural Resources 46.53 Trust Fund 1,965,000 1,965,000 46.54 Great Lakes 46.55 Protection Account 200,000 - 0 - 46.56 (a) Measuring Children's Exposures 47.1 to Environmental Health Hazards 47.2 $250,000 the first year and $250,000 47.3 the second year are from the trust fund 47.4 to the University of Minnesota in 47.5 cooperation with the department of 47.6 health to augment a federal study of 47.7 exposure of children to multiple 47.8 environmental hazards, to evaluate 47.9 comparative health risks, and to design 47.10 intervention strategies. 47.11 (b) Minnesota County Biological 47.12 Survey - Continuation 47.13 $800,000 the first year and $800,000 47.14 the second year are from the trust fund 47.15 to the commissioner of natural 47.16 resources for the seventh biennium of a 47.17 12-biennia project to accelerate the 47.18 survey that identifies significant 47.19 natural areas and systematically 47.20 collects and interprets data on the 47.21 distribution and ecology of natural 47.22 communities, rare plants, and animals. 47.23 (c) Environmental Indicators 47.24 Initiative - Continuation 47.25 $200,000 the first year and $200,000 47.26 the second year are from the trust fund 47.27 to the commissioner of natural 47.28 resources for the third and final 47.29 biennium to complete a set of statewide 47.30 environmental indicators that will 47.31 assist public understanding of 47.32 Minnesota environmental health and the 47.33 effectiveness of sustainable 47.34 development efforts. 47.35 (d) Dakota County Wetland Health 47.36 Monitoring Program 47.37 $80,000 the first year and $80,000 the 47.38 second year are from the trust fund to 47.39 the commissioner of the pollution 47.40 control agency for an agreement with 47.41 Dakota county to evaluate wetland 47.42 health through citizen volunteers, 47.43 develop wetland biodiversity projects 47.44 in urban areas, and conduct public 47.45 education. 47.46 (e) Predicting Water and Forest 47.47 Resources Health and Sustainability 47.48 $150,000 the first year and $150,000 47.49 the second year are from the trust fund 47.50 to the University of Minnesota, Natural 47.51 Resources Research Institute, to assess 47.52 ecosystem health using indicators and 47.53 to develop models that incorporate 47.54 landscape composition change. 47.55 (f) Potential for Infant Risk 47.56 from Nitrate Contamination 47.57 $200,000 the first year is from the 47.58 future resources fund to the 47.59 commissioner of health to study nitrate 47.60 and bacteria-contaminated drinking 48.1 water of infants and families at risk. 48.2 (g) Assessing Lake Superior Waters 48.3 Off the North Shore 48.4 $100,000 the first year and $100,000 48.5 the second year of this appropriation 48.6 are from the trust fund, and $200,000 48.7 is from the Great Lakes protection 48.8 account to the University of Minnesota 48.9 Duluth for a pilot program to establish 48.10 benchmark data for Lake Superior. 48.11 Expenses may not include capital cost 48.12 for a research vessel. This 48.13 appropriation is available until June 48.14 30, 2002, at which time the project 48.15 must be completed and final products 48.16 delivered, unless an earlier date is 48.17 specified in the work program. 48.18 (h) Minnesota's Forest Bird 48.19 Diversity Initiative - Continuation 48.20 $225,000 the first year and $225,000 48.21 the second year are from the trust fund 48.22 to the commissioner of natural 48.23 resources for the fifth biennium of a 48.24 six-biennium project to establish 48.25 benchmarks for using birds as 48.26 ecological indicators of forest 48.27 health. This appropriation must be 48.28 matched by at least $80,000 of nonstate 48.29 contributions. This appropriation is 48.30 available until June 30, 2002, at which 48.31 time the project must be completed and 48.32 final products delivered, unless an 48.33 earlier date is specified in the work 48.34 program. 48.35 (i) Farm Ponds as Critical 48.36 Habitats for Native Amphibians 48.37 $125,000 the first year and $125,000 48.38 the second year are from the trust fund 48.39 to the commissioner of natural 48.40 resources for an agreement with the 48.41 Upper Mississippi Science Center to 48.42 study management practices that sustain 48.43 healthy populations of amphibians in 48.44 southeastern Minnesota farm ponds and 48.45 to recommend monitoring methods 48.46 suitable for testing amphibian habitat 48.47 quality. This appropriation must be 48.48 matched by at least $200,000 of 48.49 nonstate contributions. This 48.50 appropriation is available until June 48.51 30, 2002, at which time the project 48.52 must be completed and final products 48.53 delivered, unless an earlier date is 48.54 specified in the work program. 48.55 (j) Improved Minnesota Fungus 48.56 Collection and Database 48.57 $35,000 the first year and $35,000 the 48.58 second year are from the trust fund to 48.59 the University of Minnesota to 48.60 consolidate and preserve fungus 48.61 specimen collections and computerize 48.62 the data for use in agriculture, 48.63 forestry, and recreation management. 49.1 Subd. 13. Critical Lands or Habitats 49.2 2,869,000 2,230,000 49.3 Summary by Fund 49.4 Minnesota Future 49.5 Resources Fund 639,000 - 0 - 49.6 Environment and 49.7 Natural Resources 49.8 Trust Fund 2,230,000 2,230,000 49.9 (a) Sustainable Woodlands and 49.10 Prairies on Private Lands - 49.11 Continuation 49.12 $225,000 the first year and $225,000 49.13 the second year are from the trust fund 49.14 to the commissioner of natural 49.15 resources, in cooperation with the 49.16 Minnesota Forestry Association and the 49.17 Nature Conservancy, to develop 49.18 stewardship plans for private 49.19 landowners and to implement natural 49.20 resource projects by providing matching 49.21 money to private landowners. This 49.22 appropriation is available until June 49.23 30, 2002, at which time the project 49.24 must be completed and final products 49.25 delivered, unless an earlier date is 49.26 specified in the work program. 49.27 (b) National Prairie Passage; Linking 49.28 Isolated Prairie Preserves 49.29 $75,000 the first year and $75,000 the 49.30 second year are from the trust fund to 49.31 the commissioner of transportation to 49.32 link isolated tallgrass prairie 49.33 preserves with corridors of prairie. 49.34 This appropriation must be matched by 49.35 at least $600,000 of nonstate money. 49.36 (c) Greening the Metro 49.37 Mississippi-Minnesota River 49.38 Valleys 49.39 $400,000 the first year and $400,000 49.40 the second year are from the trust fund 49.41 to the commissioner of natural 49.42 resources for an agreement with 49.43 Greening the Great River Park to 49.44 implement private and public habitat 49.45 projects in the Mississippi and 49.46 Minnesota River Valleys. This 49.47 appropriation must be matched by at 49.48 least $374,000 of nonstate money and 49.49 cost sharing is required for projects 49.50 on private lands. This appropriation is 49.51 available until June 30, 2002, at which 49.52 time the project must be completed and 49.53 final products delivered, unless an 49.54 earlier date is specified in the work 49.55 program. 49.56 (d) Restoring the Greater Prairie 49.57 Chicken to Southwestern Minnesota 49.58 $30,000 the first year and $30,000 the 49.59 second year are from the trust fund to 50.1 the commissioner of natural resources 50.2 for an agreement with the Minnesota 50.3 Prairie Chicken Society to restore the 50.4 greater prairie chicken to appropriate 50.5 habitat. 50.6 (e) Prairie Heritage Fund - 50.7 Continuation 50.8 $250,000 the first year and $250,000 50.9 the second year are from the trust fund 50.10 to the commissioner of natural 50.11 resources for an agreement with 50.12 Pheasants Forever, Inc. to acquire and 50.13 develop land for prairie grasslands and 50.14 wetlands to be donated to the public. 50.15 The land must be open and accessible to 50.16 the public. This appropriation must be 50.17 matched by at least $500,000 of money. 50.18 In addition to the required work 50.19 program, parcels may not be acquired 50.20 until parcel lists have been submitted 50.21 to the legislative commission on 50.22 Minnesota resources and the commission 50.23 has approved the parcel list or allowed 50.24 60 days to pass. 50.25 (f) Public Boat Access and 50.26 Fishing Piers 50.27 $500,000 the first year and $500,000 50.28 the second year are from the trust 50.29 fund, and $299,000 the first year is 50.30 from the future resources fund to the 50.31 commissioner of natural resources for 50.32 increased access to lakes and rivers 50.33 statewide through the provision of 50.34 public boat access, fishing piers, and 50.35 shoreline access, with approximately 50.36 equal allocations for the Twin Cities 50.37 metropolitan area and the remainder of 50.38 the state. These appropriations are 50.39 available until June 30, 2002, at which 50.40 time the project must be completed and 50.41 final products delivered, unless an 50.42 earlier date is specified in the work 50.43 program. $212,000 of the appropriation 50.44 from the future resources fund is 50.45 available immediately upon enactment. 50.46 (g) Arboretum Land Acquisition and 50.47 Wetlands Restoration - Continuation 50.48 $350,000 the first year and $350,000 50.49 the second year are from the trust fund 50.50 to the University of Minnesota for an 50.51 agreement with the University of 50.52 Minnesota Landscape Arboretum 50.53 Foundation for the third biennium for 50.54 land acquisition. The priority is to 50.55 acquire approximately 40 acres of land 50.56 within the Arboretum boundary before 50.57 completing the Spring Peeper Meadow 50.58 wetland restoration. This 50.59 appropriation must be matched by at 50.60 least $700,000 of nonstate money. 50.61 (h) Implement the Chisago and 50.62 Washington Counties Green 50.63 Corridor Project - Continuation 51.1 $225,000 the first year and $225,000 51.2 the second year are from the trust fund 51.3 to the commissioner of natural 51.4 resources for an agreement with 1000 51.5 Friends of Minnesota for land 51.6 protection activities, including at 51.7 least $300,000 for cost-share grants to 51.8 local governments for fee or less than 51.9 fee acquisition. 51.10 (i) RIM Shoreland Stabilization 51.11 $175,000 the first year and $175,000 51.12 the second year are from the trust fund 51.13 to the commissioner of natural 51.14 resources to complete the high priority 51.15 bank stabilization on Lake 51.16 Winnibigoshish and, if additional match 51.17 money becomes available, to begin 51.18 similar work on Lac Qui Parle Lake. 51.19 This appropriation must be matched by 51.20 at least $56,000 of nonstate money. 51.21 This appropriation is available until 51.22 June 30, 2002, at which time the 51.23 project must be completed and final 51.24 products delivered, unless an earlier 51.25 date is specified in the work program. 51.26 (j) Enhancing Canada Goose 51.27 Hunting Opportunities for 51.28 Recreation and Management Purposes 51.29 $340,000 the first year is from the 51.30 future resources fund to the 51.31 commissioner of natural resources for 51.32 an agreement with Geese Unlimited to 51.33 purchase leases and provide 51.34 observational and hunting blinds for 51.35 the public using volunteer labor. 51.36 Subd. 14. Native Species Planting 51.37 1,035,000 635,000 51.38 Minnesota Future 51.39 Resources Fund 400,000 - 0 - 51.40 Environment and 51.41 Natural Resources 51.42 Trust Fund 635,000 635,000 51.43 (a) Minnesota Releaf Matching 51.44 Grant Program - Continuation 51.45 $290,000 the first year and $290,000 51.46 the second year of this appropriation 51.47 are from the trust fund, and $270,000 51.48 the first year is from the future 51.49 resources fund to the commissioner of 51.50 natural resources for the fourth 51.51 biennium, with at least $210,000 for 51.52 matching grants to local communities to 51.53 protect native oak forests from oak 51.54 wilt and to provide technical 51.55 assistance and cost sharing with 51.56 communities for tree planting and 51.57 community forestry assessments. The 51.58 appropriation from the future resources 51.59 fund is available immediately upon 51.60 enactment. 52.1 (b) Landscaping for Wildlife and 52.2 Nonpoint Source Pollution Prevention 52.3 $75,000 the first year and $75,000 the 52.4 second year are from the trust fund to 52.5 the commissioner of natural resources 52.6 for an agreement with St. Paul 52.7 Neighborhood Energy Consortium to work 52.8 with urban and suburban communities to 52.9 expand native species planting through 52.10 residential landscaping and cooperative 52.11 neighborhood projects. The activities 52.12 must include participant cost sharing. 52.13 This appropriation must be matched by 52.14 at least $24,000 of nonstate money. 52.15 (c) Lakescaping for Wildlife and 52.16 Water Quality Initiative 52.17 $70,000 the first year and $70,000 the 52.18 second year are from the trust fund to 52.19 the commissioner of natural resources 52.20 in cooperation with the Minnesota Lakes 52.21 Association to promote lakescaping for 52.22 wildlife and water quality through 52.23 workshops, demonstration sites, and a 52.24 registry program for lakeshore owners. 52.25 The activities must include participant 52.26 cost sharing. 52.27 (d) Development and Assessment of 52.28 Oak Wilt Biological Control 52.29 Technologies - Continuation 52.30 $100,000 the first year and $100,000 52.31 the second year are from the trust fund 52.32 to the University of Minnesota to 52.33 evaluate biocontrol efficacy, spore mat 52.34 production, and root graft barrier 52.35 guidelines for oak wilt, in cooperation 52.36 with the department of agriculture. 52.37 (e) Saint Paul-Minneapolis Native 52.38 Plant Habitat Interpretive Program 52.39 $130,000 the first year is from the 52.40 future resources fund to the 52.41 commissioner of natural resources for 52.42 an agreement with the city of St. Paul 52.43 to restore native plants to selected 52.44 St. Paul parks and to develop native 52.45 plant interpretive sites in Minneapolis 52.46 and St. Paul and related educational 52.47 material. This appropriation must be 52.48 matched by at least $86,000 of nonstate 52.49 money. 52.50 (f) Restoring Ecological Health to 52.51 St. Paul's Mississippi River Bluffs 52.52 $100,000 the first year and $100,000 52.53 the second year are from the trust fund 52.54 to the commissioner of natural 52.55 resources for an agreement with Friends 52.56 of the Parks and Trails of St. Paul and 52.57 Ramsey County to inventory and restore 52.58 native species, and to plan for 52.59 critical greenways and natural area 52.60 habitat. This appropriation is 52.61 available until June 30, 2002, at which 52.62 time the project must be completed and 53.1 final products delivered, unless an 53.2 earlier date is specified in the work 53.3 program. 53.4 Subd. 15. Native Fish 53.5 229,000 229,000 53.6 Summary by Fund 53.7 Environment and 53.8 Natural Resources 53.9 Trust Fund 229,000 229,000 53.10 (a) Mussel Resource Survey 53.11 $200,000 the first year and $200,000 53.12 the second year are from the trust fund 53.13 to the commissioner of natural 53.14 resources for the first biennium of a 53.15 three-biennium project to survey 53.16 mussels statewide for resource 53.17 management. 53.18 (b) Freshwater Mussel Resources in 53.19 the St. Croix River 53.20 $29,000 the first year and $29,000 the 53.21 second year are from the trust fund to 53.22 the commissioner of natural resources 53.23 for an agreement with Macalester 53.24 College to continue refugia studies and 53.25 assess populations for freshwater 53.26 mussels. 53.27 Subd. 16. Exotic Species 53.28 405,000 145,000 53.29 Summary by Fund 53.30 Minnesota Future 53.31 Resources Fund 260,000 - 0 - 53.32 Environment and 53.33 Natural Resources 53.34 Trust Fund 145,000 145,000 53.35 (a) Biological Control of Eurasian 53.36 Water Milfoil and Purple 53.37 Loosestrife - Continuation 53.38 $75,000 the first year and $75,000 the 53.39 second year are from the trust fund to 53.40 the commissioner of natural resources 53.41 for the fourth biennium of a 53.42 five-biennium project to develop and 53.43 implement biological controls for 53.44 Eurasian water milfoil and purple 53.45 loosestrife. This appropriation is 53.46 available until June 30, 2002, at which 53.47 time the project must be completed and 53.48 final products delivered, unless an 53.49 earlier date is specified in the work 53.50 program. 53.51 (b) Evaluate Establishment, Impact of 53.52 Leafy Spurge Biocontrol Agents 53.53 $70,000 the first year and $70,000 the 53.54 second year are from the trust fund to 54.1 the commissioner of agriculture to 54.2 study flea beetles introduced to 54.3 control leafy spurge by site 54.4 characterization and assessment for 54.5 biological control. This appropriation 54.6 is available until June 30, 2002, at 54.7 which time the project must be 54.8 completed and final products delivered, 54.9 unless an earlier date is specified in 54.10 the work program. 54.11 (c) Restoring Native Vegetation in 54.12 Parks and Nature Centers 54.13 $260,000 the first year is from the 54.14 future resources fund to the 54.15 commissioner of natural resources for 54.16 an agreement with the St. Paul Audubon 54.17 Society to restore native vegetation at 54.18 community nature centers and parks. 54.19 Subd. 17. Data Availability Requirements 54.20 (a) During the biennium ending June 30, 54.21 2001, the data collected by the 54.22 projects funded under this section that 54.23 have common value for natural resource 54.24 planning and management must conform to 54.25 information architecture as defined in 54.26 guidelines and standards adopted by the 54.27 office of technology. Spatial data 54.28 must conform with guidelines and 54.29 standards described in the geographic 54.30 data compatibility guidelines available 54.31 from the land management information 54.32 center. These data must be made 54.33 available under the provisions of the 54.34 Data Practices Act in chapter 13. 54.35 (b) For the purposes of information 54.36 dissemination to the extent 54.37 practicable, summary data and results 54.38 of projects funded under this section 54.39 should be readily accessible on the 54.40 Internet. To the extent practicable, 54.41 spatial data and their documentation 54.42 must be made available through the 54.43 Minnesota Geographic Data Clearinghouse. 54.44 (c) As part of project expenditures, 54.45 recipients of land acquisition 54.46 appropriations must provide the 54.47 information necessary to update public 54.48 recreation information maps to the 54.49 department of natural resources in the 54.50 specified form. 54.51 Subd. 18. Project Requirements 54.52 It is a condition of acceptance of the 54.53 appropriations in this section that any 54.54 agency or entity receiving the 54.55 appropriation must comply with 54.56 Minnesota Statutes, chapter 116P. 54.57 Subd. 19. Match Requirements 54.58 Unless specifically authorized, 54.59 appropriations in this section that 54.60 must be matched and for which the match 54.61 has not been committed by December 31, 55.1 1999, are canceled, and in-kind 55.2 contributions may not be counted as 55.3 match. 55.4 Subd. 20. Payment Conditions and 55.5 Capital Equipment Expenditures 55.6 All agreements, grants, or contracts 55.7 referred to in this section must be 55.8 administered on a reimbursement basis. 55.9 Notwithstanding Minnesota Statutes, 55.10 section 16A.41, expenditures made on or 55.11 after July 1, 1999, or the date the 55.12 work program is approved, whichever is 55.13 later, are eligible for reimbursement. 55.14 Payment must be made upon receiving 55.15 documentation that project-eligible 55.16 reimbursable amounts have been 55.17 expended, except that reasonable 55.18 amounts may be advanced to projects in 55.19 order to accommodate cash flow needs. 55.20 The advances must be approved as part 55.21 of the work program. No expenditures 55.22 for capital equipment are allowed 55.23 unless expressly authorized in the 55.24 project work program. 55.25 Subd. 21. Purchase of Recycled and 55.26 Recyclable Materials 55.27 A political subdivision, public or 55.28 private corporation, or other entity 55.29 that receives an appropriation in this 55.30 section must use the appropriation in 55.31 compliance with Minnesota Statutes, 55.32 sections 16B.121 to 16B.123, requiring 55.33 the purchase of recycled, repairable, 55.34 and durable materials, the purchase of 55.35 uncoated paper stock, and the use of 55.36 soy-based ink, the same as if it were a 55.37 state agency. 55.38 Subd. 22. Energy Conservation 55.39 A recipient to whom an appropriation is 55.40 made in this section for a capital 55.41 improvement project shall ensure that 55.42 the project complies with the 55.43 applicable energy conservation 55.44 standards contained in law, including 55.45 Minnesota Statutes, sections 216C.19 to 55.46 216C.21, and rules adopted thereunder. 55.47 The recipient may use the energy 55.48 planning and intervention and energy 55.49 technologies units of the commissioner 55.50 of public service to obtain information 55.51 and technical assistance on energy 55.52 conservation and alternative energy 55.53 development relating to the planning 55.54 and construction of the capital 55.55 improvement project. 55.56 Subd. 23. Accessibility 55.57 New structures must be shown to meet 55.58 the design standards in the Americans 55.59 with Disabilities Act Accessibility 55.60 Guidelines. Nonstructural facilities 55.61 such as trails, campgrounds, picnic 55.62 areas, parking, play areas, water 55.63 sources, and the access routes to these 56.1 features should be shown to be designed 56.2 using guidelines in the Recommendations 56.3 for Accessibility Guidelines: 56.4 Recreational Facilities and Outdoor 56.5 Developed Areas. 56.6 Subd. 24. Year 2000 Compatible 56.7 A recipient to whom an appropriation is 56.8 made in this section for computer 56.9 equipment and software must ensure that 56.10 the project expenditures comply with 56.11 year 2000 compatible database and 56.12 software. 56.13 Subd. 25. Carryforward 56.14 (a) The availability of the 56.15 appropriations for the following 56.16 projects is extended to June 30, 2000: 56.17 Laws 1997, chapter 216, section 15, 56.18 subdivision 5, paragraph (a), Ft. 56.19 Snelling State Park-upper bluff 56.20 utilization and AYH hostel; paragraph 56.21 (c), Jeffers petroglyphs environmental 56.22 assessment and prairie restoration; 56.23 paragraph (g), Native American 56.24 perspective of the historic north 56.25 shore; subdivision 6, paragraph (g), 56.26 lakeshore restoration - Minneapolis 56.27 chain of lakes; subdivision 9, 56.28 paragraph (a), grants to local 56.29 governments to assist natural resource 56.30 decision making; paragraph (e), North 56.31 Minneapolis upper river master plan; 56.32 paragraph (g), Miller Creek management; 56.33 and paragraph (h), trout habitat 56.34 preservation using alternative 56.35 watershed management practices; 56.36 subdivision 10, paragraph (g), Fillmore 56.37 county soil survey update; subdivision 56.38 11, paragraph (a), foundations to 56.39 integrated access to environmental 56.40 information; subdivision 12, paragraph 56.41 (a), sustainable development assistance 56.42 for municipalities through electric 56.43 utilities; paragraph (h), soy-based 56.44 diesel fuel study; subdivision 13, 56.45 paragraph (g), state wolf management: 56.46 electronically moderating the 56.47 discussion; subdivision 14, paragraph 56.48 (f), loons; indicators of mercury in 56.49 the environment; subdivision 17, 56.50 paragraph (a), sustainable woodlands on 56.51 private lands; and paragraph (d) 56.52 prairie heritage project; subdivision 56.53 20, paragraph (a), ballast water 56.54 technology demonstration for exotic 56.55 species control; Laws 1995, chapter 56.56 220, section 19, subdivision 12, 56.57 paragraph (a), restore historic 56.58 Mississippi river mill site, as amended 56.59 by Laws 1997, chapter 216, section 15, 56.60 subdivision 26, paragraph (b). 56.61 (b) The availability of the 56.62 appropriations for the following 56.63 projects is extended to June 30, 2001: 56.64 Laws 1997, chapter 216, section 15, 56.65 subdivision 5, paragraph (f), 56.66 historical and cultural museum on 57.1 Vermilion Lake Indian Reservation; 57.2 subdivision 7, paragraph (f), mercury 57.3 manometers; subdivision 16, paragraph 57.4 (b), Arboretum Land Acquisition. 57.5 Sec. 16. ADDITIONAL APPROPRIATIONS 57.6 The following amounts are appropriated 57.7 in fiscal year 1999 from the Minnesota 57.8 environment and natural resources trust 57.9 fund referred to in Minnesota Statutes, 57.10 section 116P.02, subdivision 6. 57.11 $496,000 in fiscal year 1999 is added 57.12 to the appropriation in Laws 1997, 57.13 chapter 216, section 15, subdivision 4, 57.14 paragraph (a), clause (1), for state 57.15 park and recreation area acquisition. 57.16 $495,000 in fiscal year 1999 is added 57.17 to the appropriation in Laws 1997, 57.18 chapter 216, section 15, subdivision 4, 57.19 paragraph (b), metropolitan regional 57.20 park system. 57.21 Sec. 17. TRADE AND ECONOMIC 57.22 DEVELOPMENT 1,000,000 -0- 57.23 This appropriation is for the Minnesota 57.24 investment fund under Minnesota 57.25 Statutes, section 116J.8731, to make a 57.26 grant to the city of Windom to assist 57.27 an expanding agricultural processing 57.28 facility. The amount of the grant is 57.29 not subject to the limit in Minnesota 57.30 Statutes, section 116J.8731, 57.31 subdivision 5. If the grant is used to 57.32 acquire or improve real property, the 57.33 grant agreement between the city of 57.34 Windom and a recipient must provide 57.35 that, if the grant recipient sells, 57.36 transfers, or exchanges the real 57.37 property, any capital gain or other 57.38 profit on the transaction that accrues 57.39 to the grant recipient must be paid to 57.40 the commissioner for credit to the 57.41 Minnesota investment fund in the same 57.42 proportion as was paid from the 57.43 Minnesota investment fund to acquire or 57.44 improve the real property. 57.45 Sec. 18. Minnesota Statutes 1998, section 14.386, is 57.46 amended to read: 57.47 14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.] 57.48 (a) A rule adopted, amended, or repealed by an agency, 57.49 under a statute enacted after January 1, 1997, authorizing or 57.50 requiring rules to be adopted but excluded from the rulemaking 57.51 provisions of chapter 14 or from the definition of a rule, has 57.52 the force and effect of law only if: 57.53 (1) the revisor of statutes approves the form of the rule 57.54 by certificate; 58.1 (2) the office of administrative hearings approves the rule 58.2 as to its legality within 14 days after the agency submits it 58.3 for approval and files two copies of the rule with the revisor's 58.4 certificate in the office of the secretary of state; and 58.5 (3) a copy is published by the agency in the State Register. 58.6 A statute enacted after January 1, 1997, authorizing or 58.7 requiring rules to be adopted but excluded from the rulemaking 58.8 provisions of chapter 14 or from the definition of a rule does 58.9 not excuse compliance with this section unless it makes specific 58.10 reference to this section. 58.11 (b) A rule adopted under this section is effective for a 58.12 period of two years from the date of publication of the rule in 58.13 the State Register. The authority for the rule expires at the 58.14 end of this two-year period. 58.15 (c) The chief administrative law judge shall adopt rules 58.16 relating to the rule approval duties imposed by this section and 58.17 section 14.388, including rules establishing standards for 58.18 review. 58.19 (d) This section does not apply to: 58.20 (1) any group or rule listed in section 14.03, subdivisions 58.21 1 and 3, except as otherwise provided by law; 58.22 (2) game and fish rules of the commissioner of natural 58.23 resources adopted under section 84.027, subdivision 13, or 58.24 sections 97A.0451 to 97A.0459; 58.25 (3) experimental and special management waters designated 58.26 by the commissioner of natural resources under sections 97C.001 58.27 and 97C.005;or58.28 (4) game refuges designated by the commissioner of natural 58.29 resources under section 97A.085; or 58.30 (5) transaction fees established by the commissioner of 58.31 natural resources for electronic or telephone sales of licenses, 58.32 stamps, permits, registrations, or transfers under section 58.33 84.027, subdivision 15, paragraph (a), clause (3). 58.34 (e) If a statute provides that a rule is exempt from 58.35 chapter 14, and section 14.386 does not apply to the rule, the 58.36 rule has the force of law unless the context of the statute 59.1 delegating the rulemaking authority makes clear that the rule 59.2 does not have force of law. 59.3 Sec. 19. Minnesota Statutes 1998, section 16A.531, is 59.4 amended by adding a subdivision to read: 59.5 Subd. 3. [AGRICULTURAL FUND.] There is created in the 59.6 state treasury an agricultural fund as a special revenue fund 59.7 for deposit of receipts from agricultural related fees and 59.8 activities conducted by the state. 59.9 Sec. 20. Minnesota Statutes 1998, section 16B.171, as 59.10 amended by Laws 1999, chapter 86, section 7, if enacted, is 59.11 amended to read: 59.12 16B.171 [EXCEPTION FOR FEDERAL TRANSPORTATION CONTRACTS.] 59.13 Notwithstandingsection 16C.08 or otherany law to the 59.14 contrary, the commissioner of transportation, commissioner of 59.15 the pollution control agency, or commissioner of natural 59.16 resources may, when required by a federal agency entering into 59.17 an intergovernmental contract, negotiate contract terms 59.18 providing for full or partial prepayment to the federal agency 59.19 before work is performed or services are provided. 59.20 Sec. 21. Minnesota Statutes 1998, section 17.038, is 59.21 amended to read: 59.22 17.038 [STATISTICAL SERVICES ACCOUNT.] 59.23 The statistical services account is established in the 59.24state treasuryagricultural fund. All payments for statistical 59.25 services performed by the agricultural statistics division of 59.26 the department of agriculture must be deposited in thestate59.27treasuryagricultural fund and credited to the statistical 59.28 services account. The money in the account is appropriated to 59.29 the commissioner of agriculture to administer the programs of 59.30 the agricultural statistics division. 59.31 Sec. 22. Minnesota Statutes 1998, section 17.102, 59.32 subdivision 4, is amended to read: 59.33 Subd. 4. [MINNESOTA GROWN ACCOUNT.] The Minnesota grown 59.34 account is established as an account in thestate59.35treasuryagricultural fund. License fee receipts and penalties 59.36 collected under this section must be deposited in thestate60.1treasuryagricultural fund and credited to the Minnesota grown 60.2 account. The money in the account is continuously appropriated 60.3 to the commissioner to implement and enforce this section and to 60.4 promote the Minnesota grown logo and labeling. 60.5 Sec. 23. Minnesota Statutes 1998, section 17.109, 60.6 subdivision 1, is amended to read: 60.7 Subdivision 1. [ESTABLISHMENT.] The Minnesota grown 60.8 matching account is established as a separate account in the 60.9state treasuryagricultural fund. The account shall be 60.10 administered by the commissioner of agriculture as provided in 60.11 this section. 60.12 Sec. 24. Minnesota Statutes 1998, section 17.109, 60.13 subdivision 3, is amended to read: 60.14 Subd. 3. [APPROPRIATIONS MUST BE MATCHED BY PRIVATE 60.15 FUNDS.] Appropriations to the Minnesota grown matching account 60.16 may be expended only to the extent that they are matched with 60.17 contributions to the account from private sources on a basis of 60.18 $4 of the appropriation to each $1 of private contributions. 60.19 Matching funds are not available after the appropriation is 60.20 encumbered. For the purposes of this subdivision, "private 60.21 contributions" includes, but is not limited to, advertising 60.22 revenue, listing fees, and revenues from the development and 60.23 sale of promotional materials. 60.24 Sec. 25. Minnesota Statutes 1998, section 17.115, 60.25 subdivision 3, is amended to read: 60.26 Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans 60.27 must be made to the commissioner on forms prescribed by the 60.28 commissioner. 60.29 (b) The applications must be reviewed, ranked, and 60.30 recommended by a loan review panel appointed by the 60.31 commissioner. The loan review panel shall consist of two 60.32 lenders with agricultural experience, two resident farmers of 60.33 the state using sustainable agriculture methods, two resident 60.34 farmers of the state using organic agriculture methods, a farm 60.35 management specialist, a representative from a post-secondary 60.36 education institution, and a chair from the department. 61.1 (c) The loan review panel shall rank applications according 61.2 to the following criteria: 61.3 (1) realize savings to the cost of agricultural production 61.4 and project savings to repay the cost of the loan; 61.5 (2) reduce or make more efficient use of energy; and 61.6 (3) reduce production costs. 61.7 (d) A loan application must show that the loan can be 61.8 repaid by the applicant. 61.9 (e) The commissioner must consider the recommendations of 61.10 the loan review panel and may make loans for eligible projects. 61.11 Priority must be given based on the amount of savings realized 61.12 by adopting the practice implemented by the loan. 61.13 Sec. 26. Minnesota Statutes 1998, section 17.116, 61.14 subdivision 3, is amended to read: 61.15 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants 61.16 must be made to the commissioner on forms prescribed by the 61.17 commissioner. 61.18 (b) The applications must be reviewed, ranked, and 61.19 recommended by a technical review panel appointed by the 61.20 commissioner. The technical review panel shall consist of a 61.21 soil scientist, an agronomist, a representative from a 61.22 post-secondary educational institution, two resident farmers of 61.23 the state using sustainable agriculture methods, two resident 61.24 farmers of the state using organic agriculture methods, and a 61.25 chair from the department. 61.26 (c) The technical review panel shall rank applications 61.27 according to the following criteria: 61.28 (1) direct or indirect energy savings or production; 61.29 (2) environmental benefit; 61.30 (3) farm profitability; 61.31 (4) the number of farms able to apply the techniques or the 61.32 technology proposed; 61.33 (5) the effectiveness of the project as a demonstration; 61.34 (6) the immediate transferability of the project to farms; 61.35 and 61.36 (7) the ability of the project to accomplish its goals. 62.1 (d) The commissioner shall consider the recommendations of 62.2 the technical review panel and may award grants for eligible 62.3 projects. Priority must be given to applicants who are farmers 62.4 or groups of farmers. 62.5 (e) Grants for eligible projects may not exceed $25,000 62.6 unless the portion above $25,000 is matched on an equal basis by 62.7 the applicant's cash or in-kind land use contribution. Grant 62.8 funding of projects may not exceed $50,000 under this section, 62.9 but applicants may utilize other funding sources. A portion of 62.10 each grant must be targeted for public information activities of 62.11 the project. 62.12 (f) A project may continue for up to three years. 62.13 Multiyear projects must be reevaluated by the technical review 62.14 panel and the commissioner before second or third year funding 62.15 is approved. A project is limited to one grant for its funding. 62.16 Sec. 27. Minnesota Statutes 1998, section 17.117, 62.17 subdivision 3, is amended to read: 62.18 Subd. 3. [APPROPRIATIONS.] Up to$40,000,000$140,000,000 62.19 of the balance in the water pollution control revolving fund in 62.20 section 446A.07, as determined by the public facilities 62.21 authority, is appropriated to the commissioner for the 62.22 establishment of this program. 62.23 Sec. 28. Minnesota Statutes 1998, section 17.457, 62.24 subdivision 10, is amended to read: 62.25 Subd. 10. [FEE.] The commissioner shall impose a fee for 62.26 permits in an amount sufficient to cover the costs of issuing 62.27 the permits and for facility inspections. The fee may not 62.28 exceed $50. Fee receipts must be deposited in thestate62.29treasuryagricultural fund and credited to thespecial revenue62.30fundEurasian wild pigs account and are appropriated to the 62.31 commissioner for the purposes of this section. 62.32 Sec. 29. Minnesota Statutes 1998, section 17.59, 62.33 subdivision 5, is amended to read: 62.34 Subd. 5. [COMMODITIES RESEARCH AND PROMOTION ACCOUNT.] All 62.35 fees collected by the department under sections 17.51 to 17.69 62.36 and any other fees and income received by the department in the 63.1 administration of these statutes shall be deposited in a 63.2 separate account known as the commodity research and promotion 63.3 account in thespecial revenueagricultural fund. Money in the 63.4 account, including interest, is appropriated to the commissioner 63.5 to carry out the duties of sections 17.51 to 17.69. 63.6 Sec. 30. Minnesota Statutes 1998, section 17.85, is 63.7 amended to read: 63.8 17.85 [LABORATORY SERVICES ACCOUNT.] 63.9 A laboratory services account is established in thestate63.10treasuryagricultural fund. Payments for laboratory services 63.11 performed by the laboratory services division of the department 63.12 of agriculture must be deposited in thestate treasury63.13 agricultural fund and credited to the laboratory services 63.14 account. Money in the account, including interest earned on the 63.15 account, is annually appropriated to the commissioner of 63.16 agriculture to administer the programs of the laboratory 63.17 services division. 63.18 Sec. 31. Minnesota Statutes 1998, section 17.982, 63.19 subdivision 1, is amended to read: 63.20 Subdivision 1. [CRIMINAL PENALTIES.] A person who violates 63.21 chapter 29, 31, 31A, 31B, or 34 for which a penalty has not been 63.22 prescribed is guilty of a misdemeanor. 63.23 Sec. 32. Minnesota Statutes 1998, section 17.983, 63.24 subdivision 1, is amended to read: 63.25 Subdivision 1. [ADMINISTRATIVE PENALTIES; CITATION.] If a 63.26 person has violated chapter 29, 31, 31A, 31B, 32, or 34, the 63.27 commissioner may issue a written citation to the person by 63.28 personal service or by certified mail. The citation shall 63.29 describe the nature of the violation and the statute or rule 63.30 alleged to have been violated; state the time for correction; 63.31 and the amount of any proposed fine. The citation must advise 63.32 the person to notify the commissioner in writing within 30 days 63.33 if the person wishes to appeal the citation. If the person 63.34 fails to appeal the citation, the citation is the final order 63.35 and not subject to further review. 63.36 Sec. 33. Minnesota Statutes 1998, section 17A.11, is 64.1 amended to read: 64.2 17A.11 [FEES FOR LIVESTOCK WEIGHING.] 64.3 The commissioner shall prescribe the fee necessary to cover 64.4 the cost of state weighing, to be assessed and collected from 64.5 the seller in the manner the commissioner may prescribe. The 64.6 fee assessed must be the same, and the manner of collection of 64.7 the fee must be uniform at all facilities. At any location 64.8 where state weighing is performed in accordance with this 64.9 chapter and the total annual fees collected are insufficient to 64.10 pay the cost of the weighing, the annual deficit shall be 64.11 assessed and collected in the manner the commissioner may 64.12 prescribe. Additional money arising from the weighing of 64.13 animals by the commissioner, which has been collected and 64.14 retained by any person, shall be paid on demand to the 64.15 commissioner. All money collected by the commissioner shall be 64.16 deposited in thestate treasuryagricultural fund and credited 64.17 to the livestock weighingfundaccount. Money in the account is 64.18 appropriated to the commissioner to carry out the duties of 64.19 section 17A.10. 64.20 Sec. 34. Minnesota Statutes 1998, section 17B.15, 64.21 subdivision 1, is amended to read: 64.22 Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees 64.23 for inspection and weighing shall be fixed by the commissioner 64.24 and be a lien upon the grain. The commissioner shall set fees 64.25 for all inspection and weighing in an amount adequate to pay the 64.26 expenses of carrying out and enforcing the purposes of sections 64.27 17B.01 to 17B.23, including the portion of general support costs 64.28 and statewide indirect costs of the agency attributable to that 64.29 function, with a reserve sufficient for up to six months. The 64.30 commissioner shall review the fee schedule twice each year. Fee 64.31 adjustments are not subject to chapter 14. Payment shall be 64.32 required for services rendered. If the grain is in transit, the 64.33 fees shall be paid by the carrier and treated as advance 64.34 charges, and, if received for storage, the fees shall be paid by 64.35 the warehouse operator, and added to the storage charges. 64.36 All fees collected and all fines and penalties for 65.1 violation of any provision of this chapter shall be deposited in 65.2 the grain inspection and weighing account, which is created in 65.3 thestate treasuryagricultural fund for carrying out the 65.4 purpose of sections 17B.01 to 17B.23. The money in the account, 65.5 including interest earned on the account, is annually 65.6 appropriated to the commissioner of agriculture to administer 65.7 the provisions of sections 17B.01 to 17B.23. When money from 65.8 any other account is used to administer sections 17B.01 to 65.9 17B.23, the commissioner shall notify the chairs of the 65.10 agriculture, environment and natural resources finance, and ways 65.11 and means committees of the house of representatives; the 65.12 agriculture and rural development and finance committees of the 65.13 senate; and the finance division of the environment and natural 65.14 resources committee of the senate. 65.15 Sec. 35. [18.324] [REGULATION OF THE PRODUCTION OF 65.16 INDUSTRIAL HEMP.] 65.17 Subdivision 1. [LEGISLATIVE FINDINGS AND PURPOSE.] The 65.18 legislature finds the development and use of industrial hemp to 65.19 be in the best interests of the state economy and agriculture 65.20 and that the production of industrial hemp can be regulated so 65.21 as not to interfere with the strict control of controlled 65.22 substances. The purpose of this section is to promote the 65.23 economy, agriculture, public safety, health, and welfare by 65.24 permitting the development of an industrial hemp industry while 65.25 maintaining strict control over the production and use of 65.26 marijuana. 65.27 Subd. 2. [DEFINITIONS.] (a) The definitions in this 65.28 subdivision apply to this section. 65.29 (b) "Commercial uses" means noninjurious adaptations of 65.30 industrial hemp to the manufacture of rope, sacks, and other 65.31 sisal hemp products, batts, yarn, paper, composite materials, 65.32 thread, cordage, merchandise, cloth, and other noninjurious 65.33 products made from fiber, sterilized seed, inner hurds, or other 65.34 plant material of industrial hemp. 65.35 (c) "Commissioner" means the commissioner of agriculture. 65.36 (d) "Industrial hemp" means C. sativa L. 66.1 Subd. 3. [INDUSTRIAL HEMP AUTHORIZED AS AN AGRICULTURAL 66.2 CROP.] Notwithstanding sections 18.75 to 18.87 and chapter 152, 66.3 the growing and maintenance of experimental and demonstration 66.4 plots of industrial hemp by persons registered under subdivision 66.5 4 is authorized in this state. The experimental and 66.6 demonstration plots must be used to develop optimal agricultural 66.7 practices for growing industrial hemp in Minnesota. All plant 66.8 materials from industrial hemp grown on experimental and 66.9 demonstration plots, except plant materials retained for 66.10 breeding and propagation, must be used for commercial uses only. 66.11 Industrial hemp produced by a person registered under 66.12 subdivision 4 is not a noxious weed under sections 18.75 to 66.13 18.87. 66.14 Subd. 4. [REGISTRATION.] A person desiring to grow 66.15 experimental or demonstration plots of industrial hemp for 66.16 noninjurious commercial uses shall apply to the commissioner for 66.17 registration on a form prescribed by the commissioner. The 66.18 application must describe the commercial uses for which the 66.19 industrial hemp will be used and the specific location of each 66.20 experimental or demonstration plot where it will be grown. The 66.21 commissioner may grant the applicant permission to grow 66.22 experimental or demonstration plots of industrial hemp for the 66.23 commercial uses described in the registration form. The growing 66.24 of industrial hemp by the registrant pursuant to the terms of 66.25 the registration is a lawful agricultural activity. Data 66.26 related to the registration of experimental or demonstration 66.27 plots is public data under section 13.03. 66.28 Subd. 5. [ANNUAL NOTIFICATION REQUIRED.] A person 66.29 registered under subdivision 4 shall notify the commissioner 66.30 annually of the production and sale or distribution of 66.31 industrial hemp grown on experimental or demonstration plots 66.32 under the terms of the registration and shall provide the 66.33 commissioner with the names of all persons to whom the 66.34 industrial hemp plant material is sold or distributed. 66.35 Subd. 6. [PENALTY.] A person who grows industrial hemp in 66.36 violation of this section is subject to the applicable criminal 67.1 penalties provided in chapter 152. 67.2 Subd. 7. [ANNUAL REPORT TO THE LEGISLATURE.] On or before 67.3 March 1 of each year, the commissioner shall report to the 67.4 senate and house of representatives committees having 67.5 jurisdiction over agriculture policy issues on the development 67.6 of industrial hemp as an agricultural crop in the state. The 67.7 report must include information on the number, size, and general 67.8 location of registered experimental and demonstration plots and 67.9 the commercial uses of the industrial hemp grown on the plots. 67.10 Sec. 36. Minnesota Statutes 1998, section 18B.05, 67.11 subdivision 1, is amended to read: 67.12 Subdivision 1. [ESTABLISHMENT.] A pesticide regulatory 67.13 account is established in thestate treasuryagricultural fund. 67.14 Fees and penalties collected under this chapter must be 67.15 deposited in thestate treasuryagricultural fund and credited 67.16 to the pesticide regulatory account. Money in the account, 67.17 including interest, is appropriated to the commissioner for the 67.18 administration and enforcement of this chapter. 67.19 Sec. 37. Minnesota Statutes 1998, section 18B.26, 67.20 subdivision 5, is amended to read: 67.21 Subd. 5. [REVIEW AND REGISTRATION.] (a) The commissioner 67.22 may not deny the registration of a pesticide because the 67.23 commissioner determines the pesticide is not essential. 67.24 (b) The commissioner shall review each application and may 67.25 approve, deny, or cancel the registration of any pesticide. The 67.26 commissioner may impose state use and distribution restrictions 67.27 on a pesticide as part of the registration to prevent 67.28 unreasonable adverse effects on the environment. 67.29 (c) The commissioner must notify the applicant of the 67.30 approval, denial, cancellation, state use or distribution 67.31 restrictions. 67.32 (d) The applicant may request a hearing on any adverse 67.33 action of the commissioner within 30 days after being notified. 67.34 (e) The commissioner may exempt pesticides that have been 67.35 deregulated or classified as minimum risk by the United States 67.36 Environmental Protection Agency from the requirement of 68.1 registration. 68.2 Sec. 38. Minnesota Statutes 1998, section 18C.131, is 68.3 amended to read: 68.4 18C.131 [FERTILIZER INSPECTION ACCOUNT.] 68.5 A fertilizer inspection account is established in the state 68.6 treasury. The fees collected under this chapter and interest 68.7 attributable to money in the account must be deposited in the 68.8 state treasury and credited to the fertilizer inspection account 68.9 in the agricultural fund. Money in the account, including 68.10 interest earned, is appropriated to the commissioner for the 68.11 administration and enforcement of this chapter. 68.12 Sec. 39. Minnesota Statutes 1998, section 18E.02, 68.13 subdivision 5, is amended to read: 68.14 Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means: 68.15 (1) a responsible party or an owner of real property, but 68.16 does not include the state, a state agency, a political 68.17 subdivision of the state, except as provided in clause (2), the 68.18 federal government, or an agency of the federal government; 68.19 (2) the owners of municipal airportsat Perham, Madison,68.20and Hector,in Minnesota where a licensed aerial pesticide 68.21 applicator has caused an incident through storage, handling, or 68.22 distribution operations for agricultural chemicals if (i) the 68.23 commissioner has determined that corrective action is necessary 68.24 and (ii) the commissioner determines, and the agricultural 68.25 chemical response compensation board concurs, that based on an 68.26 affirmative showing made by the owner, a responsible party 68.27 cannot be identified or the identified responsible party is 68.28 unable to comply with an order for corrective action; or 68.29 (3) a person involved in a transaction relating to real 68.30 property who is not a responsible party or owner of the real 68.31 property and who voluntarily takes corrective action on the 68.32 property in response to a request or order for corrective action 68.33 from the commissioner, except an owner of a municipal airport68.34not listed in clause (2). 68.35 Sec. 40. Minnesota Statutes 1998, section 18E.03, 68.36 subdivision 1, is amended to read: 69.1 Subdivision 1. [ESTABLISHMENT.] The agricultural chemical 69.2 response and reimbursement account is established as an account 69.3 in thestate treasuryagricultural fund. 69.4 Sec. 41. Minnesota Statutes 1998, section 21.115, is 69.5 amended to read: 69.6 21.115 [FEES; SEED POTATO INSPECTIONFUNDACCOUNT.] 69.7 The commissioner shall fix the fees for all inspections and 69.8 certifications in such amounts as from time to time may be found 69.9 necessary to pay the expenses of carrying out and enforcing the 69.10 purposes of sections 21.111 to 21.122, with a reasonable 69.11 reserve, and shall require the same to be paid before such 69.12 inspections or certifications are made. All moneys collected as 69.13 fees or as penalties for violations of any of the provisions of 69.14 such sections shall be paid into thestate treasuryagricultural 69.15 fund andthereincredited to the seed potato inspectionfund69.16 account of the commissioner, whichfundaccount is hereby 69.17 created and appropriated for carrying out the purposes of 69.18 sections 21.111 to 21.122. Interest, if any, received on 69.19 deposits of these moneys shall be credited tosuch fundthe 69.20 account, and there shall be paid into this fund any sum provided 69.21 by the legislature for the purpose of carrying out the 69.22 provisions of such sections. 69.23 Sec. 42. Minnesota Statutes 1998, section 21.116, is 69.24 amended to read: 69.25 21.116 [EXPENSES.] 69.26 All necessary expenses incurred in carrying out the 69.27 provisions of sections 21.111 to 21.122 and the compensation of 69.28 officers, inspectors, and employees appointed, designated, or 69.29 employed by the commissioner, as provided in such sections, 69.30 together with their necessary traveling expenses, together with 69.31 the traveling expenses of the members of the advisory seed 69.32 potato certification committee, and other expenses necessary in 69.33 attending committee meetings, shall be paid from, and only from, 69.34 the seed potato inspectionfundaccount, on order of the 69.35 commissioner and commissioner of finance's voucher warrant. 69.36 Sec. 43. Minnesota Statutes 1998, section 21.90, 70.1 subdivision 3, is amended to read: 70.2 Subd. 3. [TESTS OF VARIETIES.] If the commissioner needs 70.3 to verify that a hybrid seed field corn variety is adapted to 70.4 the corn growing zone declared by the originator or owner, it 70.5 must, when grown in several official comparative trials by the 70.6 director of the Minnesota agricultural experiment station in the 70.7 declared zone of adaptation, have an average kernel moisture at 70.8 normal harvest time which does not differ from the average 70.9 kernel moisture content of three or more selected standard 70.10 varieties adapted for grain production in that particular 70.11 growing zone by more than four percentage points. If a new 70.12 variety when tested has more than six percentage points of 70.13 moisture over the standard variety, it must have the relative 70.14 maturity increased by five days in the correct zone of 70.15 adaptation before it can be sold the second year. If it does 70.16 not exceed the standard varieties by more than five percentage 70.17 points of moisture the second year tested, it can be sold the 70.18 third year with the same relative maturity. If upon being 70.19 tested the third year the moisture percentage points are found 70.20 to be over the four percentage points allowed, the variety then 70.21 must have the relative maturity increased by five days in the 70.22 correct zone. The varieties to be used as standard varieties 70.23 for determining adaptability to a zone shall be selected for 70.24 each zone by the director of the Minnesota agricultural 70.25 experiment station with the advice and consent of the 70.26 commissioner of agriculture. Should a person, firm, originator, 70.27 or owner of a hybrid seed field corn variety wish to offer 70.28 hybrid seed for sale or distribution in this state, the person, 70.29 firm, originator, or owner not having distributed any products 70.30 in Minnesota during the past ten years, or not having any record 70.31 of testing by an agency acceptable to the commissioner, then 70.32 after registration of the variety the commissioner is required 70.33 to have the variety tested for one year by the director of the 70.34 Minnesota agricultural experiment station before it may be 70.35 distributed in Minnesota. Should any person, firm, originator, 70.36 or owner of a seed field corn variety be guilty of two 71.1 successive violations with respect to the declaration of 71.2 relative maturity date and zone number, then the violator must 71.3 commence a program of pretesting for varieties as determined by 71.4 the commissioner. The list of varieties to be used as standards 71.5 in each growing zone shall be sent by the commissioner not later 71.6 than February 1 of each year to each seed firm registering 71.7 hybrid varieties with the commissioner as of the previous April 71.8 1. To assist in defraying the expenses of the Minnesota 71.9 agricultural experiment station in carrying out the provisions 71.10 of this section, there shall be transferred annually from the 71.11 seed inspectionfundaccount to the agricultural experiment 71.12 station a sum which shall at least equal 80 percent of the total 71.13 revenue from all hybrid seed field corn variety registrations. 71.14 Sec. 44. Minnesota Statutes 1998, section 21.92, is 71.15 amended to read: 71.16 21.92 [SEED INSPECTIONFUNDACCOUNT.] 71.17 There is established in thestate treasuryagricultural 71.18 fund an account known as the seed inspectionfundaccount. Fees 71.19 and penalties collected by the commissioner under sections 21.80 71.20 to 21.92 and interest attributable to money in the account shall 71.21 be deposited into this account. The rates at which the fees are 71.22 charged may be adjusted pursuant to section 16A.1285. Money in 71.23 the account, including interest earned, is appropriated to the 71.24 commissioner for the administration and enforcement of sections 71.25 21.80 to 21.92. 71.26 Sec. 45. Minnesota Statutes 1998, section 25.39, 71.27 subdivision 4, is amended to read: 71.28 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A 71.29 commercial feed inspection account is established in thestate71.30treasuryagricultural fund. Fees and penalties collected under 71.31 sections 25.35 to 25.43 and interest attributable to money in 71.32 the account must be deposited in thestate treasuryagricultural 71.33 fund and credited to the commercial feed inspection 71.34 account. Money in the account, including interest earned, is 71.35 appropriated to the commissioner for the administration and 71.36 enforcement of sections 25.341 to 25.43. 72.1 Sec. 46. Minnesota Statutes 1998, section 27.07, 72.2 subdivision 6, is amended to read: 72.3 Subd. 6. [COOPERATIVE AGREEMENTS; FEES; ACCOUNT.] The 72.4 commissioner may collect fees as provided for in cooperative 72.5 agreements between the commissioner and the United States 72.6 Department of Agriculture for the inspection of fresh fruits, 72.7 vegetables, and other products. The fees and interest 72.8 attributable to money in the account must be deposited in the 72.9state treasuryagricultural fund and credited to a fruit and 72.10 vegetables inspection account. Money in the account, including 72.11 interest earned, is appropriated to the commissioner to 72.12 administer the cooperative agreements. 72.13 Sec. 47. Minnesota Statutes 1998, section 28A.08, 72.14 subdivision 3, is amended to read: 72.15 Subd. 3. [FEES EFFECTIVE JULY 1,19961999.] 72.16 Penalties 72.17 Type of food handler License Late No 72.18 Fee Renewal License 72.19 Effective 72.20 July 1,19961999 72.21 1. Retail food handler 72.22 (a) Having gross sales of only 72.23 prepackaged nonperishable food 72.24 of less than $15,000 for 72.25 the immediately previous 72.26 license or fiscal year and 72.27 filing a statement with the 72.28 commissioner$ 45$ 15$ 2572.29 $ 48 $ 16 $ 27 72.30 (b) Having under $15,000 gross 72.31 sales including food preparation 72.32 or having $15,000 to $50,000 72.33 gross sales for the immediately 72.34 previous license or fiscal year$ 61$ 15$ 2572.35 $ 65 $ 16 $ 27 72.36 (c) Having $50,000 to $250,000 73.1 gross sales for the immediately 73.2 previous license or fiscal year$118$ 35$ 7573.3 $126 $ 37 $ 80 73.4 (d) Having $250,000 to 73.5 $1,000,000 gross sales for the 73.6 immediately previous license or 73.7 fiscal year$202$ 50$10073.8 $216 $ 54 $107 73.9 (e) Having $1,000,000 to 73.10 $5,000,000 gross sales for the 73.11 immediately previous license or 73.12 fiscal year$562$100$17573.13 $601 $107 $187 73.14 (f) Having $5,000,000 to 73.15 $10,000,000 gross sales for the 73.16 immediately previous license or 73.17 fiscal year$787$150$30073.18 $842 $161 $321 73.19 (g) Having over $10,000,000 73.20 gross sales for the immediately 73.21 previous license or fiscal year$899$200$35073.22 $962 $214 $375 73.23 2. Wholesale food handler 73.24 (a) Having gross sales or 73.25 service of less than $25,000 73.26 for the immediately previous 73.27 license or fiscal year$ 50$ 15$ 1573.28 $ 54 $ 16 $ 16 73.29 (b) Having $25,000 to 73.30 $250,000 gross sales or 73.31 service for the immediately 73.32 previous license or fiscal year$225$ 50$10073.33 $241 $ 54 $107 73.34 (c) Having $250,000 to 73.35 $1,000,000 gross sales or 73.36 service from a mobile unit 74.1 without a separate food facility 74.2 for the immediately previous 74.3 license or fiscal year$337$ 75$15074.4 $361 $ 80 $161 74.5 (d) Having $250,000 to 74.6 $1,000,000 gross sales or 74.7 service not covered under 74.8 paragraph (c) for the immediately 74.9 previous license or fiscal year$449$100$20074.10 $480 $107 $214 74.11 (e) Having $1,000,000 to 74.12 $5,000,000 gross sales or 74.13 service for the immediately 74.14 previous license or fiscal year$562$125$25074.15 $601 $134 $268 74.16 (f) Having over $5,000,000 gross 74.17 sales for the immediately 74.18 previous license or fiscal year$647$150$30074.19 $692 $161 $321 74.20 3. Food broker$112$ 30$ 5074.21 $120 $ 32 $ 54 74.22 4. Wholesale food processor 74.23 or manufacturer 74.24 (a) Having gross sales of less 74.25 than $125,000 for the 74.26 immediately previous license 74.27 or fiscal year$150$ 50$10074.28 $161 $ 54 $107 74.29 (b) Having $125,000 to $250,000 74.30 gross sales for the immediately 74.31 previous license or fiscal year$310$ 75$15074.32 $332 $ 80 $161 74.33 (c) Having $250,001 to $1,000,000 74.34 gross sales for the immediately 74.35 previous license or fiscal year$449$100$20074.36 $480 $107 $214 75.1 (d) Having $1,000,001 to 75.2 5,000,000 gross sales for the 75.3 immediately previous license or 75.4 fiscal year$562$125$25075.5 $601 $134 $268 75.6 (e) Having $5,000,001 to 75.7 $10,000,000 gross sales for 75.8 the immediately previous 75.9 license or fiscal year$647$150$30075.10 $692 $161 $321 75.11 (f) Having over $10,000,000 75.12 gross sales for the immediately 75.13 previous license or fiscal year$900$200$35075.14 $963 $214 $375 75.15 5. Wholesale food processor of 75.16 meat or poultry products 75.17 under supervision of the 75.18 U. S. Department of Agriculture 75.19 (a) Having gross sales of less 75.20 than $125,000 for the 75.21 immediately previous license 75.22 or fiscal year$100$ 25$ 5075.23 $107 $ 27 $ 54 75.24 (b) Having $125,000 to 75.25 $250,000 gross sales for the 75.26 immediately previous license 75.27 or fiscal year$169$ 50$ 7575.28 $181 $ 54 $ 80 75.29 (c) Having $250,001 to 75.30 $1,000,000 gross sales for the 75.31 immediately previous license 75.32 or fiscal year$253$ 75$12575.33 $271 $ 80 $134 75.34 (d) Having $1,000,001 to 75.35 $5,000,000 gross sales 75.36 for the immediately previous 76.1 license or fiscal year$310$ 75$15076.2 $332 $ 80 $161 76.3 (e) Having $5,000,001 to 76.4 $10,000,000 gross sales for 76.5 the immediately previous 76.6 license or fiscal year$366$100$17576.7 $392 $107 $187 76.8 (f) Having over $10,000,000 76.9 gross sales for the immediately 76.10 previous license or fiscal year$500$150$25076.11 $535 $161 $268 76.12 6. Wholesale food manufacturer 76.13 having the permission of the 76.14 commissioner to use the name 76.15 Minnesota Farmstead cheese $ 30 $ 10 $ 15 76.16 7. Nonresident frozen dairy 76.17 manufacturer $200 $ 50 $ 75 76.18 8. Wholesale food manufacturer 76.19 processing less than 700,000 76.20 pounds per year of raw milk $ 30 $ 10 $ 15 76.21 9. A milk marketing organization 76.22 without facilities for 76.23 processing or manufacturing 76.24 that purchases milk from milk 76.25 producers for delivery to a 76.26 licensed wholesale food 76.27 processor or manufacturer $ 50 $ 15 $ 25 76.28 Sec. 48. [28A.081] [CERTIFICATE FEES.] 76.29 A fee of $75 for each certificate shall be charged to all 76.30 food establishments that request certificates issued by the 76.31 Minnesota department of agriculture to facilitate the movement 76.32 of Minnesota processed and manufactured foods destined for 76.33 export from the state of Minnesota. Certificates include, but 76.34 are not limited to, a certificate of free sale, certificate of 76.35 export, certificate of sanitation, sanitary certificate, 76.36 certificate of origin and/or free sale, certificate of health 77.1 and/or free sale, sanitation, and purity, certificate of free 77.2 trade, certificate of free sale, sanitation, purity, and origin, 77.3 certificate of health, sanitation, purity, and free sale, and 77.4 letter of plant certification. 77.5 The commissioner shall bill a food establishment within 77.6 seven days after issuing a certificate to the establishment. 77.7 The operator of the food establishment must submit payment for a 77.8 certificate within ten days of the billing date. If a 77.9 certificate fee payment is not received within 15 days of the 77.10 billing date, the commissioner may not issue any future 77.11 certificates until previous fees due are paid in full. 77.12 Sec. 49. Minnesota Statutes 1998, section 29.22, 77.13 subdivision 5, is amended to read: 77.14 Subd. 5. [DISPOSITION OF FEES.] All fees collected and all 77.15 fines paid for a violation of sections 29.21 to 29.28 or rules 77.16 promulgated under those sections, as well as all license fees 77.17 and penalties must be deposited in thestate treasury77.18 agricultural fund, and credited to a separate account to be 77.19 known as the egg law inspectionfundaccount, which is hereby 77.20 created, set aside, and appropriated as a revolvingfundaccount 77.21 to be used by the department to help defray the expense of 77.22 inspection, supervision, and enforcement of sections 29.21 to 77.23 29.28 and is in addition to and not in substitution for the sums 77.24 regularly appropriated or otherwise made available for this 77.25 purpose to the department. 77.26 Sec. 50. Minnesota Statutes 1998, section 31.94, is 77.27 amended to read: 77.28 31.94 [COMMISSIONER DUTIES.] 77.29 (a) The commissioner shall enforce sections 31.92 to 31.95. 77.30 The commissioner shall withhold from sale or trade any product 77.31 sold, labeled, or advertised in violation of sections 31.92 to 77.32 31.95. 77.33 (b) The commissioner shall investigate the offering for 77.34 sale, labeling, or advertising of an article or substance as 77.35 organically grown, organically processed, or produced in an 77.36 organic environment if there is reason to believe that action is 78.1 in violation of sections 31.92 to 31.95. 78.2 (c) The commissioner may adopt rules that further clarify 78.3 organic food standards and marketing practices. 78.4 (d) In order to promote opportunities for organic 78.5 agriculture in Minnesota, the commissioner shall: 78.6 (1) survey producers and support services and organizations 78.7 to determine information and research needs in the area of 78.8 organic agriculture practices; 78.9 (2) work with the University of Minnesota to demonstrate 78.10 the on-farm applicability of organic agriculture practices to 78.11 conditions in this state; 78.12 (3) direct the programs of the department so as to work 78.13 toward the promotion of organic agriculture in this state; 78.14 (4) inform agencies of how state or federal programs could 78.15 utilize and support organic agriculture practices; and 78.16 (5) work closely with farmers, the University of Minnesota, 78.17 the Minnesota trade office, and other appropriate organizations 78.18 to identify opportunities and needs as well as ensure 78.19 coordination and avoid duplication of state agency efforts 78.20 regarding research, teaching, and extension work relating to 78.21 organic agriculture. 78.22 (e) By November 15 of each even-numbered year the 78.23 commissioner, in conjunction with the task force created in 78.24 section 31.95, subdivision 3a, shall report on the status of 78.25 organic agriculture in Minnesota to the legislative policy and 78.26 finance committees and divisions with jurisdiction over 78.27 agriculture. The report must include: 78.28 (1) a description of current state or federal programs 78.29 directed toward organic agriculture, including significant 78.30 results and experiences of those programs; 78.31 (2) a description of specific actions the department of 78.32 agriculture is taking in the area of organic agriculture, 78.33 including the proportion of the department's budget spent on 78.34 organic agriculture; 78.35 (3) a description of current and future research needs at 78.36 all levels in the area of organic agriculture; and 79.1 (4) suggestions for changes in existing programs or 79.2 policies or enactment of new programs or policies that will 79.3 affect organic agriculture. 79.4 Sec. 51. Minnesota Statutes 1998, section 31.95, 79.5 subdivision 3a, is amended to read: 79.6 Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota 79.7 grown organic product that is labeled "certified" must be 79.8 certified by a designated certification organization. 79.9 (b) A certified organic product sold in this state must be 79.10 certified by a designated certification organization or by a 79.11 certification organization approved by the commissioner. Before 79.12 approving a certification organization, the commissioner must 79.13 seek the evaluation and recommendation of the Minnesota organic 79.14 advisory task force. 79.15 (c) The commissioner shall appoint a Minnesota organic 79.16 advisory task forcecomposed of members of the organic industry79.17to advise the commissioner on organic issues. Members of the79.18task force may not be paid compensation or costs for expensesto 79.19 advise the commissioner on policies and practices to improve 79.20 organic agriculture in Minnesota. The task force shall consist 79.21 of the following residents of the state: 79.22 (1) three farmers using organic agriculture methods; 79.23 (2) one organic food retailer or distributor; 79.24 (3) one representative of organic food certification 79.25 agencies; 79.26 (4) one organic food processor; 79.27 (5) one representative from the Minnesota extension 79.28 service; 79.29 (6) one representative from an environmental nonprofit 79.30 organization; 79.31 (7) two at-large members; and 79.32 (8) one representative from the agricultural utilization 79.33 research institute. Terms, compensation, and removal of members 79.34 are governed by section 15.059, subdivision 6. The task 79.35 force must meet at least twice each year and expires on June 30, 79.3620012003. 80.1 Sec. 52. Minnesota Statutes 1998, section 31B.06, is 80.2 amended to read: 80.3 31B.06 [PACKER AND PROCESSORACCOUNTINGREQUIREMENTS.] 80.4 (a) Hog, cattle, sheep, and dairy processors with annual 80.5 sales greater than $10,000,000 are required to conduct all 80.6 financial transactions relating to a contract feeding operation 80.7 through a separate and exclusive bank account. This separate 80.8 account is subject to audit and inspection at any reasonable 80.9 time by the commissioner. 80.10 (b) Grain and feed businesses with annual sales greater 80.11 than $10,000,000 are required to conduct all financial 80.12 transactions relating to contract feeding of hogs, cattle, 80.13 sheep, or dairy cows through a separate and exclusive bank 80.14 account. This separate account is subject to audit and 80.15 inspection at any reasonable time by the commissioner. 80.16 (c) Hog, cattle, and sheep processors with annual sales 80.17 greater than $10,000,000 may not include a confidentiality 80.18 clause in contracts with agricultural producers. 80.19 (d) Hog, cattle, and sheep processors with annual sales 80.20 greater than $10,000,000 may not have contracts with 80.21 agricultural producers for more than 75 percent of the 80.22 processor's capacity. 80.23 Sec. 53. [31B.32] [DAILY PRICE REPORTS.] 80.24 (a) At the close of each business day on which a packer 80.25 purchased or received on contract livestock for slaughter, the 80.26 packer must report to the United States Department of 80.27 Agriculture, Agricultural Marketing Service, and the 80.28 commissioner of agriculture all prices paid for livestock under 80.29 contract and through cash market sales during that business day, 80.30 including: 80.31 (1) the amount of the base price and a description of the 80.32 formula used to establish that base price; 80.33 (2) a description of the types and amount of any premiums 80.34 or discounts including but not limited to quality 80.35 characteristics, grade and yield, volume, early delivery, 80.36 percent lean, and transportation or acquisition cost savings to 81.1 the packer; and 81.2 (3) the basis on which payment was made including 81.3 live-weight, carcass weight, or value in the meat. 81.4 (b) The commissioner shall make information reported by 81.5 packers available to the public, through an electronic medium, 81.6 on the day succeeding the day covered by the packer's report. 81.7 The disclosure of information reported by the commissioner may 81.8 be made only in a form that ensures that: 81.9 (1) the identity of the parties involved in any transaction 81.10 described in a report is not disclosed; 81.11 (2) the identity of the packer submitting a report is not 81.12 disclosed; and 81.13 (3) the confidentiality of proprietary business information 81.14 is otherwise protected. 81.15 Sec. 54. [31B.33] [QUARTERLY REPORTS; COMMISSIONER 81.16 PUBLICATION OF TERMS AND PRICE.] 81.17 (a) A packer that acquires livestock for slaughter under 81.18 contract with one or more producers shall, within ten business 81.19 days after the close of each calendar quarter, provide a report 81.20 to the commissioner. The report must include copies of each 81.21 type of forward contract, marketing agreement, production 81.22 contract, and joint venture agreement used by the packer to 81.23 procure slaughter livestock from producers during the previous 81.24 calendar quarter. The report must also include copies of any 81.25 contract the packer intends to use in the upcoming quarter. 81.26 (b) Not later than 15 business days after packers have 81.27 provided reports required under paragraph (a), the commissioner 81.28 shall release to the agricultural press and other interested 81.29 parties a summary report of the contract terms and prices 81.30 offered by packers to producers during the previous calendar 81.31 quarter. 81.32 Sec. 55. [31B.34] [VIOLATION OF REPORTING REQUIREMENTS.] 81.33 A packer that knowingly violates the reporting requirements 81.34 of section 31B.32 or 31B.33 is guilty of a misdemeanor. 81.35 Sec. 56. [31B.35] [ENFORCEMENT.] 81.36 The attorney general shall enforce sections 31B.32 and 82.1 31B.33. The commissioner of agriculture shall refer violations 82.2 of these sections to the attorney general. The attorney general 82.3 may bring an action in district court to restrain a packer from 82.4 further violations. The attorney general may, upon referral 82.5 from the department, file an action in district court to enforce 82.6 these sections. 82.7 Sec. 57. Minnesota Statutes 1998, section 32.21, 82.8 subdivision 4, is amended to read: 82.9 Subd. 4. [PENALTIES.] (a) A person, other than a milk 82.10 producer, who violates this section is guilty of a misdemeanor 82.11 or subject to a civil penalty up to $1,000. 82.12 (b) A milk producer may not change milk plants within 30 82.13 days, without permission of the commissioner, after receiving 82.14 notification from the commissioner under paragraph (c) or (d) 82.15 that the milk producer has violated this section. 82.16 (c) A milk producer who violates subdivision 3, clause (1), 82.17 (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 82.18 paragraph. 82.19 (1) Upon notification of the first violation in a 12-month 82.20 period, the producer must meet with the dairy plant field 82.21 service representative to initiate corrective action within 30 82.22 days. 82.23 (2) Upon the second violation within a 12-month period, the 82.24 producer is subject to a civil penalty of $300. The 82.25 commissioner shall notify the producer by certified mail stating 82.26 the penalty is payable in 30 days, the consequences of failure 82.27 to pay the penalty, and the consequences of future violations. 82.28 (3) Upon the third violation within a 12-month period, the 82.29 producer is subject to an additional civil penalty of $300 and 82.30 possible revocation of the producer's permit or certification. 82.31 The commissioner shall notify the producer by certified mail 82.32 that all civil penalties owed must be paid within 30 days and 82.33 that the commissioner is initiating administrative procedures to 82.34 revoke the producer's permit or certification to sell milk for 82.35 at least 30 days. 82.36 (d) The producer's shipment of milk must be immediately 83.1 suspended if the producer is identified as an individual source 83.2 of milk containing residues causing a bulk load of milk to test 83.3 positive in violation of subdivision 3, clause (6) or (7). 83.4Shipment may resumeThe Grade A or manufacturing grade permit 83.5 must be converted to temporary status for not more than 30 days 83.6 and shipment may resume only after subsequent milk has been 83.7 sampled by the commissioner or the commissioner's agent and 83.8 found to contain no residues above established tolerances or 83.9 safe levels. 83.10 The Grade A or manufacturing grade permit may be restored 83.11 if the producerremains eligible only for manufacturing grade83.12until the producercompletes the "Milk and Dairy Beef Residue 83.13 Prevention Protocol" with a licensed veterinarian, displays the 83.14 signed certificate in the milkhouse, and sends verification to 83.15 the commissioner within the 30-day temporary permit status 83.16 period. If the producer does not comply within the temporary 83.17 permit status period, the Grade A or manufacturing grade permit 83.18 must be suspended. A milk producer whose milk supply is in 83.19 violation of subdivision 3, clause (6) or (7), and has caused a 83.20 bulk load to test positive is subject to clauses (1) to (3) of 83.21 this paragraph. 83.22 (1) For the first violation in a 12-month period, a dairy 83.23 plant may collect from the responsible producer the value of the 83.24 contaminated truck load of milk. If the amount collected by the 83.25 plant is less than two days of milk production on that farm, 83.26 then the commissioner must assess the difference as a civil 83.27 penalty payable by the plant or marketing organization on behalf 83.28 of the responsible producer. 83.29 (2) For the second violation in a 12-month period, a dairy 83.30 plant may collect from the responsible producer the value of the 83.31 contaminated truck load of milk. If the amount collected by the 83.32 plant is less than four days of milk production on that farm, 83.33 then the commissioner must assess the difference as a civil 83.34 penalty payable by the plant or marketing organization on behalf 83.35 of the responsible producer. 83.36 (3) For the third violation in a 12-month period, a dairy 84.1 plant may collect from the responsible producer the value of the 84.2 contaminated load of milk. If the amount collected by the plant 84.3 is less than four days of milk production on that farm, then the 84.4 commissioner must assess the difference as a civil penalty 84.5 payable by the plant or marketing organization on behalf of the 84.6 responsible producer. The commissioner shall also notify the 84.7 producer by certified mail that the commissioner is initiating 84.8 administrative procedures to revoke the producer's right to sell 84.9 milk for a minimum of 30 days. 84.10 (4) If a bulk load of milk tests negative for residues and 84.11 there is a positive producer sample on the load, no civil 84.12 penalties may be assessed to the producer. The plant must 84.13 report the positive result within 24 hours and reject further 84.14 milk shipments from that producer until the producer's milk 84.15 tests negative. The department shall suspend the producer's 84.16 permit and count the violation on the producer's record. The 84.17producer remains eligible only for manufacturing grade84.18untilGrade A or manufacturing grade permit must be converted to 84.19 temporary status for not more than 30 days during which time the 84.20 producerreviewsmust review the "Milk and Dairy Beef Residue 84.21 Prevention Protocol" with a licensed veterinarian, display the 84.22 signed certificate in the milkhouse, and send verification to 84.23 the commissioner.To maintain a permit or certification to84.24market milk, this program must be reviewed within 30 days.If 84.25 these conditions are met, the Grade A or manufacturing grade 84.26 permit must be reinstated. If the producer does not comply 84.27 within the temporary permit status period, the Grade A or 84.28 manufacturing grade permit must be suspended. 84.29 (e) A milk producer that has been certified as completing 84.30 the "Milk and Dairy Beef Residue Prevention Protocol" within 12 84.31 months of the first violation of subdivision 3, clause (7), need 84.32 only review the cause of the violation with a field service 84.33 representative within three days to maintain Grade A or 84.34 manufacturing grade permit and shipping status if all other 84.35 requirements of this section are met. 84.36 (f) Civil penalties collected under this section must be 85.1 deposited in the milk inspection services account established in 85.2 this chapter. 85.3 Sec. 58. Minnesota Statutes 1998, section 32.394, 85.4 subdivision 9, is amended to read: 85.5 Subd. 9. [PAYMENTS; REFUNDS; DISPOSITION.] Fees are 85.6 payable by a processor or marketing organization by July 1 of 85.7 each year for Grade A, and by January 1 of each year for 85.8 manufacturing grade, and if not paid within 30 days of the due 85.9 date, the service must be discontinued, and permission to market 85.10 manufacturing grade or Grade A milk or milk products or use the 85.11 Grade A label must be withdrawn. A processor may terminate 85.12 payment and service without loss of the Grade A label if written 85.13 notice of that intention is given prior to the due date of the 85.14 payment of an assessment and if the continuous inspection of the 85.15 plant is assumed by a city whose milk control ordinance is 85.16 substantially equivalent to Minnesota law and rule and is 85.17 enforced with equal effectiveness. If a farm discontinues the 85.18 production of milk within six months of the billing date, a 85.19 request for a refund based on inspection services not received 85.20 may be made by the processor or by the marketing organization on 85.21 behalf of its patrons. This request must be made in writing by 85.22 July 1 for manufacturing grade, or by December 31 for Grade A, 85.23 and on approval by the commissioner refunds must be made to the 85.24 processor or marketing organization. 85.25 The fees for services performed by the activities of this 85.26 section must be deposited in thestate treasuryagricultural 85.27 fund and constitute a separate account to be known as the dairy 85.28 services account, which is hereby created. Money in the 85.29 account, including interest earned, is appropriated to the 85.30 commissioner to administer this chapter. 85.31 Sec. 59. Minnesota Statutes 1998, section 41B.044, 85.32 subdivision 2, is amended to read: 85.33 Subd. 2. [ETHANOL DEVELOPMENT FUND.] There is established 85.34 in the state treasury an ethanol development fund. All 85.35 repayments of financial assistance granted under subdivision 1, 85.36 including principal and interest, must be deposited intothis86.1 the general fund.Interest earned on money in the fund accrues86.2to the fund, and money in the fund is appropriated to the86.3commissioner of agriculture for purposes of the ethanol86.4production facility loan program, including costs incurred by86.5the authority to establish and administer the program.86.6 Sec. 60. [41B.048] [LIVESTOCK PROCESSING PLANT DEVELOPMENT 86.7 PROGRAM.] 86.8 Subdivision 1. [LIVESTOCK PROCESSING PLANT LOAN AND GRANT 86.9 PROGRAM.] The authority may establish, adopt rules for, and 86.10 implement a livestock processing plant loan and grant program to 86.11 provide capital for cooperatively owned livestock slaughter and 86.12 processing plants. The program may provide for secured or 86.13 unsecured loans, loan participations and loan guarantees with 86.14 respect to real or personal property comprising all or part of a 86.15 livestock processing plant, and the payment of costs incurred by 86.16 the authority to establish and administer the program. 86.17 Subd. 2. [LIVESTOCK PROCESSING PLANT DEVELOPMENT FUND.] A 86.18 livestock processing plant development revolving fund is 86.19 established in the state treasury. All repayments of financial 86.20 assistance granted under subdivision 1, including principal and 86.21 interest, must be deposited into this fund. Interest earned on 86.22 money in the fund accrues to the fund, and money in the fund is 86.23 appropriated to the commissioner of agriculture for purposes of 86.24 the livestock processing plant loan program, including costs 86.25 incurred by the authority to establish and administer the 86.26 program. 86.27 Subd. 3. [PROGRAM REQUIREMENTS.] (a) The requirements in 86.28 this subdivision apply to the livestock processing plant loan 86.29 and grant program. 86.30 (b) A cooperative organized under chapter 308A, all of 86.31 whose members are natural persons residing in Minnesota, may 86.32 participate in the program and is not required to meet the 86.33 eligibility requirements of section 41B.03, subdivision 1. 86.34 (c) A cooperative wishing to participate may be required to 86.35 pay a reasonable nonrefundable application fee. The application 86.36 fee is initially $500. The authority may review the fee 87.1 annually and make adjustments as necessary. Application fees 87.2 received by the authority must be deposited in the livestock 87.3 processing plant revolving development fund. 87.4 (d) The total assistance provided to a livestock processing 87.5 plant must not exceed $750,000. 87.6 (e) The interest rate on loans and loan participations made 87.7 by the authority from appropriated funds must not exceed two 87.8 percent. The interest payable on loans and loan participations 87.9 funded from other sources may be at a rate determined by the 87.10 authority. 87.11 (f) Loan payments of interest only are permitted for up to 87.12 24 full months, with a fully amortized repayment schedule of 87.13 interest and principal calculated on a basis of ten years 87.14 maximum for the remaining years of the loan. 87.15 Sec. 61. Minnesota Statutes 1998, section 84.027, 87.16 subdivision 15, is amended to read: 87.17 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner 87.18 may receive an application for, sell, and issue any license, 87.19 stamp, permit, registration, or transfer under the jurisdiction 87.20 of the commissioner by electronic means, including by 87.21 telephone. Notwithstanding section 97A.472, electronic and 87.22 telephone transactions may be made outside of the state. The 87.23 commissioner may: 87.24 (1) provide for the electronic transfer of funds generated 87.25 by electronic transactions, including by telephone; 87.26 (2) assign a license identification number to an applicant 87.27 who purchases a hunting or fishing license by electronic means, 87.28 to serve as temporary authorization to engage in the licensed 87.29 activity until the license is received or expires; 87.30 (3) charge and permit agents to charge a fee of individuals 87.31 who make electronic transactions,and transactions by telephone, 87.32 includinga transactionthe issuing fee under section 97A.485, 87.33 subdivision 6, anda credit cardan additional transaction fee 87.34 not to exceed $3.50for electronic transactions; 87.35 (4) select up to four volunteer counties, not more than two 87.36 in the metropolitan area, to participate in this pilot project 88.1 and the counties shall select the participating agents;and88.2 (5) upon completion of a pilot project, implement a 88.3 statewide system and select the participating agents; and 88.4 (6) adopt rules to administer the provisions of this 88.5 subdivision. 88.6 (b) A county shall not collect a commission for the sale of 88.7 licenses or permits made by agents selected by the participating 88.8 counties under this subdivision. 88.9 (c) Establishment of the transaction fee under paragraph 88.10 (a), clause (3), is not subject to the rulemaking procedures of 88.11 chapter 14. 88.12 (d) An amount sufficient to pay the cost of electronic 88.13 transactions, on a per transaction basis, is annually 88.14 appropriated from the game and fish fund and the natural 88.15 resources fund. 88.16 Sec. 62. Minnesota Statutes 1998, section 84.0855, is 88.17 amended by adding a subdivision to read: 88.18 Subd. 1a. [SOFTWARE SALES.] Notwithstanding section 88.19 16B.405, the commissioner may sell or license intellectual 88.20 property and software products or services developed by the 88.21 department or custom developed by a vendor for the department. 88.22 Sec. 63. Minnesota Statutes 1998, section 84.0855, 88.23 subdivision 2, is amended to read: 88.24 Subd. 2. [RECEIPTS; APPROPRIATION.] Money received by the 88.25 commissioner under this section or to buy supplies for the use 88.26 of volunteers, may be credited to one or more special accounts 88.27 in the state treasury and is appropriated to the commissioner 88.28 for the purposes for which the money was received. Money 88.29 received from sales at the state fair shall be available for 88.30 state fair related costs. Money received from sales of 88.31 intellectual property and software products or services shall be 88.32 available for development, maintenance, and support of software 88.33 products and systems. 88.34 Sec. 64. Minnesota Statutes 1998, section 84.81, is 88.35 amended by adding a subdivision to read: 88.36 Subd. 13. [METAL TRACTION DEVICE.] "Metal traction device" 89.1 means any metal device or array of metal devices attached to a 89.2 snowmobile track to enhance traction, that is: 89.3 (1) made of metal, except that metal cleats affixed 89.4 perpendicular to the direction of travel of a snowmobile track 89.5 which was manufactured in 1981 or earlier shall not be 89.6 considered a metal traction device; or 89.7 (2) affixed to a snowmobile track with metal components 89.8 that extend more than one-fourth inch from the bottom of the 89.9 track. 89.10 Sec. 65. Minnesota Statutes 1998, section 84.8205, is 89.11 amended by adding a subdivision to read: 89.12 Subd. 6. [DUPLICATE STATE TRAIL STICKERS.] The 89.13 commissioner shall issue a duplicate sticker to a person whose 89.14 sticker is lost or destroyed using the process established under 89.15 section 97A.405, subdivision 3, and rules adopted thereunder. 89.16 The fee for a duplicate state trail sticker is $2, with an 89.17 issuing fee of 50 cents. 89.18 Sec. 66. Minnesota Statutes 1998, section 84.83, 89.19 subdivision 3, is amended to read: 89.20 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited 89.21 in the account and interest earned on that money may be expended 89.22 only as appropriated by law for the following purposes: 89.23 (1) for a grant-in-aid program to counties and 89.24 municipalities for construction and maintenance of snowmobile 89.25 trails, including maintenance of trails on lands and waters of 89.26 Voyageurs National Park; 89.27 (2) for acquisition, development, and maintenance of state 89.28 recreational snowmobile trails; 89.29 (3) for snowmobile safety programs; and 89.30 (4) for the administration and enforcement of sections 89.31 84.81 to 84.90. 89.32 Sec. 67. Minnesota Statutes 1998, section 84.83, 89.33 subdivision 4, is amended to read: 89.34 Subd. 4. [PROVISIONS APPLICABLE TO FUNDING RECIPIENTS.] (a) 89.35 Recipients of Minnesota trail assistance program funds must be 89.36 afforded the same protection and be held to the same standard of 90.1 liability as a political subdivision under chapter 466 for 90.2 activities associated with the administration, design, 90.3 construction, maintenance, and grooming of snowmobile trails. 90.4 (b) Recipients of Minnesota trail assistance program funds 90.5 who maintain ice trails on waters of Voyageurs National Park are 90.6 expressly immune from liability under section 466.03, 90.7 subdivision 6e. 90.8 Sec. 68. Minnesota Statutes 1998, section 84.86, 90.9 subdivision 1, is amended to read: 90.10 Subdivision 1. With a view of achieving maximum use of 90.11 snowmobiles consistent with protection of the environment the 90.12 commissioner of natural resources shall adopt rules in the 90.13 manner provided by chapter 14, for the following purposes: 90.14 (1) Registration of snowmobiles and display of registration 90.15 numbers. 90.16 (2) Use of snowmobiles insofar as game and fish resources 90.17 are affected. 90.18 (3) Use of snowmobiles on public lands and waters, or on 90.19 grant-in-aid trails, including, but not limited to, the use of 90.20 specified metal traction devices and nonmetal traction devices. 90.21 (4) Uniform signs to be used by the state, counties, and 90.22 cities, which are necessary or desirable to control, direct, or 90.23 regulate the operation and use of snowmobiles. 90.24 (5) Specifications relating to snowmobile mufflers. 90.25 (6) A comprehensive snowmobile information and safety 90.26 education and training program, including but not limited to the 90.27 preparation and dissemination of snowmobile information and 90.28 safety advice to the public, the training of snowmobile 90.29 operators, and the issuance of snowmobile safety certificates to 90.30 snowmobile operators who successfully complete the snowmobile 90.31 safety education and training course. For the purpose of 90.32 administering such program and to defraya portion of the90.33 expenses of training and certifying snowmobile operators, the 90.34 commissioner shall collect a feeof not to exceed $5from each 90.35 person who receives the youth and young adult trainingand a fee90.36established under chapter 16A from each person who receivesor 91.1 the adult training. The commissioner shall establish a fee that 91.2 neither significantly over recovers nor under recovers costs, 91.3 including overhead costs, involved in providing the services. 91.4 The fee is not subject to the rulemaking provisions of chapter 91.5 14 and section 14.386 does not apply. The commissioner shall 91.6 deposit the fee in the snowmobile trails and enforcement account 91.7 and the amount thereof is appropriated annually to the 91.8 commissioner of natural resources for the administration of such 91.9 programs. The commissioner shall cooperate with private 91.10 organizations and associations, private and public corporations, 91.11 and local governmental units in furtherance of the program 91.12 established under this clause. The commissioner shall consult 91.13 with the commissioner of public safety in regard to training 91.14 program subject matter and performance testing that leads to the 91.15 certification of snowmobile operators. 91.16 (7) The operator of any snowmobile involved in an accident 91.17 resulting in injury requiring medical attention or 91.18 hospitalization to or death of any person or total damage to an 91.19 extent of $500 or more, shall forward a written report of the 91.20 accident to the commissioner on such form as the commissioner 91.21 shall prescribe. If the operator is killed or is unable to file 91.22 a report due to incapacitation, any peace officer investigating 91.23 the accident shall file the accident report within ten business 91.24 days. 91.25 Sec. 69. Minnesota Statutes 1998, section 84.862, 91.26 subdivision 1, is amended to read: 91.27 Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY TRAINING.] 91.28 Effective October 1, 1998, any resident born after December 31, 91.29 1979, who operates a snowmobile in Minnesota, must possess a 91.30 valid snowmobile safety certificate or a driver's license or 91.31 identification card with a valid snowmobile qualification 91.32 indicator issued under section 171.07, subdivision 12. The 91.33 certificate or qualification indicator may only be issued upon 91.34 successful completion ofthea course authorized under section 91.35 84.86 or 84.862, subdivision 2, if the person is 16 years of age 91.36 or older. 92.1 Sec. 70. Minnesota Statutes 1998, section 84.862, 92.2 subdivision 2, is amended to read: 92.3 Subd. 2. [ADULT SAFETY TRAINING.] Effective October 1, 92.4 2002, any resident born after December 31, 1976, and before 92.5 December 31, 1983, who operates a snowmobile in Minnesota, must 92.6 possess a valid operator's permit or driver's license or 92.7 identification card with a valid snowmobile qualification 92.8 indicator issued under section 171.07, subdivision 12, showing 92.9 successful completion of a safety course designed for adults or 92.10 persons 16 years of age or older. Whenever possible, the course 92.11 shall include a riding component that stresses stopping 92.12 distances. 92.13 Sec. 71. [84.8713] [METAL TRACTION DEVICE STICKER.] 92.14 Subdivision 1. [STICKER REQUIRED; FEE.] (a) An owner of a 92.15 snowmobile registered in the state may not operate the 92.16 snowmobile with a track equipped with metal traction devices 92.17 unless a metal traction device sticker is affixed to the 92.18 snowmobile. The commissioner shall issue a metal traction 92.19 device sticker upon application and payment of a $15 fee. The 92.20 sticker is valid for one year following June 30 in the year it 92.21 is issued. 92.22 (b) The requirements in paragraph (a) do not apply to 92.23 snowmobiles owned, leased, or operated by the state or a 92.24 political subdivision, or to snowmobiles used in an organized 92.25 race, so long as they do not utilize a paved public trail, 92.26 except as otherwise provided in this chapter. 92.27 (c) Fees collected under this section shall be deposited in 92.28 the state treasury and credited to the snowmobile trails and 92.29 enforcement account in the natural resources fund. Money 92.30 deposited under this section is appropriated to the commissioner 92.31 and must be used for repair of paved public trails, unless a 92.32 trail is exempted by local authorities under section 84.8712, 92.33 except that any money not necessary for this purpose may be used 92.34 for the grant-in-aid snowmobile trail system and for the 92.35 development and construction of nonpaved alternate snowmobile 92.36 trails adjacent to paved trails. The commissioner must reserve 93.1 an appropriate portion of the revenue received under this 93.2 section for grants to local units of government. A local unit 93.3 of government with jurisdiction over paved public trails may 93.4 apply to the commissioner for a grant from funds received under 93.5 this section for the repair of a paved trail damaged by metal 93.6 traction devices. 93.7 Subd. 2. [PLACEMENT OF STICKER.] The metal traction device 93.8 sticker must be permanently affixed to the forward half of the 93.9 snowmobile and clearly visible to law enforcement authorities. 93.10 Subd. 3. [LICENSE AGENTS.] The commissioner shall sell 93.11 metal traction device stickers for a $1 issuance fee through the 93.12 process established under section 84.82, subdivision 2. 93.13 Subd. 4. [DUPLICATE METAL TRACTION DEVICE STICKERS.] The 93.14 commissioner or an authorized deputy registrar of motor vehicles 93.15 shall issue a duplicate metal traction device sticker to a 93.16 person whose sticker is lost or destroyed. A duplicate sticker 93.17 may not be issued unless the applicant takes an oath covering 93.18 the facts of loss or destruction of the sticker and signs an 93.19 affidavit. The fee for a duplicate metal traction device 93.20 sticker is $2, with an issuing fee of 50 cents. 93.21 Subd. 5. [EXPIRATION.] This section expires on July 1, 93.22 2004. 93.23 Sec. 72. Minnesota Statutes 1998, section 84.872, 93.24 subdivision 1, is amended to read: 93.25 Subdivision 1. [RESTRICTIONS ON OPERATION.] (a) 93.26 Notwithstanding anything in section 84.87 to the contrary, no 93.27 person under 14 years of age shall make a direct crossing of a 93.28 trunk, county state-aid, or county highway as the operator of a 93.29 snowmobile, or operate a snowmobile upon a street or highway 93.30 within a municipality. 93.31 A person 14 years of age or older, but less than 18 years 93.32 of age, may make a direct crossing of a trunk, county state-aid, 93.33 or county highway only if the person has in immediate possession 93.34 a valid snowmobile safety certificate issued by the commissioner 93.35 or avalid motor vehicle operator'sdriver's licenseissued by93.36the commissioner of public safety or the driver's license94.1authority of another stateor identification card with a valid 94.2 snowmobile qualification indicator issued under section 171.07, 94.3 subdivision 12. 94.4 (b) Notwithstanding section 84.862, no person under the age 94.5 of 14 years shall operate a snowmobile on any public land, 94.6 public easements, or water or grant-in-aid trail unless 94.7 accompanied by one of the following listed persons on the same 94.8 or an accompanying snowmobile, or on a device towed by the same 94.9 or an accompanying snowmobile: the person's parent, legal 94.10 guardian, or other person 18 years of age or older designated by 94.11 the parent or guardian. However, a person 12 years of age or 94.12 older but under the age of 14 years may operate a snowmobile on 94.13 public lands, public easements, and waters or a grant-in-aid 94.14 trail if the person has in immediate possession a valid 94.15 snowmobile safety certificate issued by the commissioner or an 94.16 identification card with a valid snowmobile qualification 94.17 indicator issued under section 171.07, subdivision 12. 94.18 Sec. 73. Minnesota Statutes 1998, section 84.91, 94.19 subdivision 1, is amended to read: 94.20 Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other 94.21 person having charge or control of any snowmobile or all-terrain 94.22 vehicle shall authorize or permit any individual the person 94.23 knows or has reason to believe is under the influence of alcohol 94.24 or a controlled substance or other substance to operate the 94.25 snowmobile or all-terrain vehicle anywhere in this state or on 94.26 the ice of any boundary water of this state. 94.27 (b) No owner or other person having charge or control of 94.28 any snowmobile or all-terrain vehicle shall knowingly authorize 94.29 or permit any person, who by reason of any physical or mental 94.30 disability is incapable of operating the vehicle, to operate the 94.31 snowmobile or all-terrain vehicle anywhere in this state or on 94.32 the ice of any boundary water of this state. 94.33 (c) A person who operates or is in physical control of a 94.34 snowmobile or all-terrain vehicle anywhere in this state or on 94.35 the ice of any boundary water of this state is subject to 94.36 sections 169.121 to 169.1218 and 169.123 to 169.129. In 95.1 addition to the applicable sanctions under chapter 169, a person 95.2 who is convicted of violating section 169.121 while operating a 95.3 snowmobile or all-terrain vehicle, or who refuses to comply with 95.4 a lawful request to submit to testing under section 169.123, 95.5 shall be prohibited from operating the snowmobile or all-terrain 95.6 vehicle for a period of one year. The commissioner shall notify 95.7 the convicted person of the period during which the person is 95.8 prohibited from operating a snowmobile or all-terrain vehicle. 95.9 (d) Administrative and judicial review of the operating 95.10 privileges prohibition is governed by section 97B.066, 95.11 subdivisions 7 to 9, if the person does not have a prior 95.12 impaired driving conviction or prior license revocation, as 95.13 defined in section 169.121, subdivision 3. Otherwise, 95.14 administrative and judicial review of the prohibition is 95.15 governed by section 169.123. 95.16 (e) The court shall promptly forward to the commissioner 95.17 and the department of public safety copies of all convictions 95.18 and criminal and civil sanctions imposed under this section and 95.19 chapter 169 relating to snowmobiles and all-terrain vehicles. 95.20 (f) A person who violates paragraph (a) or (b), or an 95.21 ordinance in conformity with either of them, is guilty of a 95.22 misdemeanor. A person who operates a snowmobile or all-terrain 95.23 vehicle during the period the person is prohibited from 95.24 operating a vehicle under paragraph (c) is guilty of a 95.25 misdemeanor. 95.26 Sec. 74. Minnesota Statutes 1998, section 84.98, 95.27 subdivision 6, is amended to read: 95.28 Subd. 6. [FEES.] The commissioner may charge a fee for any 95.29 service performed by the Minnesota conservation corps. Fees 95.30 collected under this subdivision shall be deposited in a special 95.31 revenue fund and are appropriated to the commissioner for 95.32 Minnesota conservation corps projects and administration. 95.33 Sec. 75. Minnesota Statutes 1998, section 84A.55, 95.34 subdivision 5, is amended to read: 95.35 Subd. 5. [WILDLIFE.] The commissioner shall care for, 95.36 protect, and preserve any species of wildlife there, so far as 96.1 means are available. Until June 30, 2000, the commissioner may 96.2 designate conservation lands as wildlife management areas only 96.3 if: 96.4 (1) the lands have been classified as nonagricultural under 96.5 section 282.14; and 96.6 (2) the designation is by rule under subdivision 11. 96.7 Sec. 76. [ADDING LAND TO BLUE MOUNDS STATE PARK.] 96.8 [85.012] [Subd. 8.] The following area is added to Blue 96.9 Mounds state park: That part of the Northeast Quarter of the 96.10 Southwest Quarter and the Southeast Quarter of the Northwest 96.11 Quarter of Section 13, Township 103 North, Range 45 West, Rock 96.12 County, described as follows: Commencing at the southwest 96.13 corner of said Northeast Quarter of the Southwest Quarter; 96.14 thence on an assumed bearing of South 89 degrees 36 minutes 41 96.15 seconds East along the south line of said Northeast Quarter of 96.16 the Southwest Quarter 165.00 feet to the point of beginning; 96.17 thence North 00 degrees 17 minutes 27 seconds West parallel with 96.18 the west line of said section 1438.74 feet to an iron stake with 96.19 DNR caps; thence South 88 degrees 57 minutes 33 seconds East 96.20 along an existing fence line 42.15 feet; thence South 00 degrees 96.21 30 minutes 38 seconds West along an existing fence line 1438.16 96.22 feet to the south line of said Northeast Quarter of the 96.23 Southwest Quarter; thence North 89 degrees 36 minutes 41 seconds 96.24 West along said south line 22.02 feet to the point of beginning. 96.25 Sec. 77. [85.013] [Subd. 12a.] [IRON RANGE OFF-HIGHWAY 96.26 VEHICLE RECREATION AREA, ST. LOUIS COUNTY.] 96.27 Subdivision 1. [ADDITIONS TO IRON RANGE OFF-HIGHWAY 96.28 VEHICLE RECREATION AREA, ST. LOUIS COUNTY.] The following areas 96.29 are added to the Iron Range off-highway vehicle recreation area, 96.30 all in St. Louis county: 96.31 (1) Section 2, Township 58 North, Range 17 West, EXCEPT: 96.32 the East Half; the North Half of the Northwest Quarter; and the 96.33 Southeast Quarter of the Northwest Quarter; 96.34 (2) Section 3, Township 58 North, Range 17 West, EXCEPT: 96.35 the Southeast Quarter; the North Half of the Northeast Quarter; 96.36 the North Half of the Northwest Quarter; the Southwest Quarter 97.1 of the Northwest Quarter; and the Northwest Quarter of the 97.2 Southwest Quarter; 97.3 (3) Section 4, Township 58 North, Range 17 West, EXCEPT: 97.4 the West Half; the Northeast Quarter; the North Half of the 97.5 Southeast Quarter; and the Southwest Quarter of the Southeast 97.6 Quarter; 97.7 (4) Section 8, Township 58 North, Range 17 West, EXCEPT: 97.8 the West Half; the West Half of the Southeast Quarter; and the 97.9 West Half of the Northeast Quarter; 97.10 (5) Section 9, Township 58 North, Range 17 West; 97.11 (6) Section 11, Township 58 North, Range 17 West, EXCEPT: 97.12 the West Half of the Northwest Quarter; and the Northwest 97.13 Quarter of the Southwest Quarter; 97.14 (7) Section 14, Township 58 North, Range 17 West, EXCEPT: 97.15 the East Half; 97.16 (8) Section 15, Township 58 North, Range 17 West, lying 97.17 North of the DM&IR grade, EXCEPT: the Southwest Quarter; and 97.18 the South Half of the Northwest Quarter; 97.19 (9) Section 16, Township 58 North, Range 17 West, lying 97.20 North of county road 921, EXCEPT: the East Half of the 97.21 Southeast Quarter, lying North of the DM&IR grade; 97.22 (10) Section 22, Township 58 North, Range 17 West, lying 97.23 North of the DM&IR grade; and 97.24 (11) Section 23, Township 58 North, Range 17 West, a 100 97.25 foot corridor of the Mesabi Trail as located between the west 97.26 line of said Section 23 and Minnesota trunk highway No. 135. 97.27 Subd. 2. [ADVISORY COMMITTEE; ADDING MEMBERS.] The 97.28 advisory committee created under Laws 1996, chapter 407, section 97.29 32, subdivision 4, shall continue to provide direction on the 97.30 planning, development, and operation of the Iron Range 97.31 off-highway vehicle recreation area, including the land added 97.32 under subdivision 1. The following members are added to the 97.33 advisory committee: 97.34 (1) a representative of the city council of Gilbert; and 97.35 (2) a representative of the city council of Virginia. 97.36 Subd. 3. [MINING.] The commissioner shall recognize the 98.1 possibility that mining, including, but not limited, to taconite 98.2 and iron ore, may be conducted in the future within the Iron 98.3 Range off-highway vehicle area and that use of portions of the 98.4 surface estate and control of the flowage of water may be 98.5 necessary for future mining operations. 98.6 Subd. 4. [MANAGEMENT PLAN.] The commissioner of natural 98.7 resources and the local area advisory committee shall 98.8 cooperatively develop a separate comprehensive management plan 98.9 for the land added to the Iron Range off-highway vehicle 98.10 recreation area under subdivision 1. The management plan shall 98.11 provide for: 98.12 (1) multiple use recreation for off-highway vehicles; 98.13 (2) protection of natural resources; 98.14 (3) limited timber management; 98.15 (4) mineral exploration and mining management; 98.16 (5) land acquisition needs; 98.17 (6) road and facility development; and 98.18 (7) trail and road connections between the land added under 98.19 subdivision 1 and the land added by Laws 1996, chapter 407, 98.20 section 32, subdivision 6. 98.21 The completed management plan, together with the management 98.22 plan completed under Laws 1996, chapter 407, section 32, 98.23 subdivision 5, shall serve as the master plan for the Iron Range 98.24 off-highway vehicle recreation area under Minnesota Statutes, 98.25 section 86A.09. 98.26 Subd. 5. [APPLICABILITY OF OTHER LAW.] Except as otherwise 98.27 provided by subdivisions 2 and 3, the provisions of Laws 1996, 98.28 chapter 407, section 32, apply to the land added to the Iron 98.29 Range off-highway vehicle recreation area under subdivision 1. 98.30 Sec. 78. Minnesota Statutes 1998, section 85.015, 98.31 subdivision 4, is amended to read: 98.32 Subd. 4. [DOUGLAS TRAIL, OLMSTED, WABASHA, AND GOODHUE 98.33 COUNTIES.] (a) The trail shall originate at Rochester in Olmsted 98.34 county and shall follow the route of the Chicago Great Western 98.35 Railroad to Pine Island in Goodhue county and there terminate. 98.36 (b) Additional trails may be established that extend the 99.1 Douglas trail system to include Pine Island, Mazeppa in Wabasha 99.2 county to Zumbrota, Bellechester, Goodhue, and Red Wing in 99.3 Goodhue county. In addition to the criteria in section 86A.05, 99.4 subdivision 4, these trails must utilize abandoned railroad 99.5 rights-of-way where possible. 99.6 (c) The trail shall be developed primarily for riding and 99.7 hiking. 99.8 (d) Under no circumstances shall the commissioner acquire 99.9 any of the right-of-way of the Chicago Great Western Railroad 99.10 until the abandonment of the line of railway described in this 99.11 subdivision has been approved by the Interstate Commerce 99.12 Commission. 99.13 Sec. 79. Minnesota Statutes 1998, section 85.015, is 99.14 amended by adding a subdivision to read: 99.15 Subd. 21. [GITCHI-GAMI TRAIL, LAKE AND COOK COUNTIES.] (a) 99.16 The trail shall originate in the city of Two Harbors and shall 99.17 extend in a northeasterly direction along the shore of Lake 99.18 Superior, running parallel to state highway 61 to the city of 99.19 Grand Marais. 99.20 (b) The trail shall be developed primarily for hiking and 99.21 bicycling. 99.22 Sec. 80. Minnesota Statutes 1998, section 85.019, 99.23 subdivision 2, is amended to read: 99.24 Subd. 2. [PARKS AND OUTDOOR RECREATION AREAS.] The 99.25 commissioner shall administer a program to provide grants to 99.26 units of government for up to 50 percent of the costsor99.27$50,000, whichever is less,of acquisition and betterment of 99.28 public land and improvements needed for parks and other outdoor 99.29 recreation areas and facilities. 99.30 Sec. 81. Minnesota Statutes 1998, section 85.019, is 99.31 amended by adding a subdivision to read: 99.32 Subd. 4b. [REGIONAL TRAILS.] The commissioner shall 99.33 administer a program to provide grants to units of government 99.34 for up to 50 percent of the costs of acquisition and betterment 99.35 of public land and improvements needed for trails deemed to be 99.36 of regional significance according to criteria published by the 100.1 commissioner. If land used for the trails is not in full public 100.2 ownership, then the recipients must prove it is dedicated to the 100.3 purposes of the grants for at least 20 years. 100.4 Sec. 82. Minnesota Statutes 1998, section 85.019, is 100.5 amended by adding a subdivision to read: 100.6 Subd. 4c. [LOCAL TRAIL CONNECTIONS.] The commissioner 100.7 shall administer a program to provide grants to units of 100.8 government for up to 50 percent of the costs of acquisition and 100.9 betterment of public land and improvements needed for trails 100.10 that connect communities, trails, and parks and thereby increase 100.11 the effective length of trail experiences. If land used for the 100.12 trails is not in full public ownership, then the recipients must 100.13 prove it is dedicated to the purposes of the grants for at least 100.14 20 years. 100.15 Sec. 83. Minnesota Statutes 1998, section 85.40, 100.16 subdivision 5, is amended to read: 100.17 Subd. 5. [CROSS-COUNTRY SKI TRAIL.] "Cross-country ski 100.18 trail" means a public pathway designated and promoted for cross 100.19 country skiing, excluding trails that have not received state100.20acquisition or betterment funds for recreational purposesin 100.21 state parks as defined in section 85.012, on state forest lands 100.22 as defined in section 89.001, on state trails as defined in 100.23 section 85.015, on elements of the regional recreation open 100.24 space system as defined in section 473.147, or on trails within 100.25 the cross-country ski grant-in-aid program as defined in section 100.26 85.44. 100.27 Sec. 84. Minnesota Statutes 1998, section 85.41, 100.28 subdivision 1, is amended to read: 100.29 Subdivision 1. [ON PERSON.] While skiing on cross-country 100.30 ski trails, a personbetween the ages of 16 and 64 yearsage 16 100.31 and over shall carry in immediate possession a valid, signed 100.32 cross-country ski pass. A landowner who grants an easement for 100.33 a grant-in-aid ski trail is not required to have a pass when 100.34 skiing on the landowner's property. 100.35 Sec. 85. Minnesota Statutes 1998, section 85.41, 100.36 subdivision 4, is amended to read: 101.1 Subd. 4. [FORM.] The department shall provide forms and 101.2 blanks to all agents authorized to issue passes by the 101.3 commissioner. The pass shall be with the skier and available 101.4 for inspection by any peace or conservation officer. The pass 101.5 shall include the applicant'snamesignature and other 101.6 information deemed necessary by the commissioner. 101.7 Sec. 86. Minnesota Statutes 1998, section 85.41, 101.8 subdivision 5, is amended to read: 101.9 Subd. 5. [AGENT'SISSUING FEE.] The fee for a 101.10 cross-country ski pass shall be increased by the amount of an 101.11 issuing fee of50 cents$1 per pass. The issuing feemayshall 101.12 be retained by the seller of the pass. A pass shall indicate 101.13 the amount of the fee that is retained by the seller.This101.14subdivision does not apply to any pass sold by the state.101.15 Sec. 87. Minnesota Statutes 1998, section 85.42, is 101.16 amended to read: 101.17 85.42 [USER FEE; VALIDITY.] 101.18 (a) The fee for an annual cross-country ski pass is$5 for101.19an individual pass or $7.50 for a combination husband and wife101.20pass$9 for an individual age 16 and over. The fee for a 101.21 three-year pass is$14 for an individual pass or $21 for a101.22combination husband and wife pass$24 for an individual age 16 101.23 and over. This fee shall be collected at the time the pass is 101.24 purchased. Three-year passes are valid for three years 101.25 beginning the previous July 1. Annual passes are valid for one 101.26 year beginning the previous July 1.Passes are not transferable.101.27 (b) The cost for a daily cross-country skier pass is$1$2 101.28 for an individual age 16 and over. This fee shall be collected 101.29 at the time the pass is purchased. The daily pass is valid only 101.30 for the date designated on the pass form. 101.31 (c) A pass must be signed by the skier across the front of 101.32 the pass to be valid and becomes nontransferable on signing. 101.33 Sec. 88. Minnesota Statutes 1998, section 85.44, is 101.34 amended to read: 101.35 85.44 [CROSS-COUNTRY SKI TRAIL GRANT-IN-AID PROGRAM.] 101.36 The commissioner shall establish a grant-in-aid program for 102.1 local units of government and special park districts for the 102.2 acquisition, development, and maintenance of cross-country ski 102.3 trails. Grants shall be available for acquisition of trail 102.4 easements but may not be used to acquire any lands in fee 102.5 title. Local units of government and special park districts 102.6 applying for and receiving grants under this section shall be 102.7 considered to have cross-country ski trails for one year 102.8 following the expiration of their last grant. The department 102.9 shall reimburse all public sponsors of grants-in-aid 102.10 cross-country ski trails based upon criteria established by the 102.11 department. Prior to the use of any reimbursement criteria, a 102.12 certain proportion of the revenues shall be allocated on the 102.13 basis of user fee sales location. 102.14 Sec. 89. Minnesota Statutes 1998, section 85.45, 102.15 subdivision 1, is amended to read: 102.16 Subdivision 1. [SKIING WITHOUT PASS.] No person may ski on 102.17 apubliccross-country ski trail, including a grant-in-aid102.18cross-country ski trail,without a valid, signed cross-country 102.19 ski pass.Effective July 1, 1984,Any person who violates this 102.20 subdivision is guilty of a petty misdemeanor. 102.21 Sec. 90. Minnesota Statutes 1998, section 88.067, is 102.22 amended to read: 102.23 88.067 [TRAINING OFGRANTS TO LOCAL FIRE DEPARTMENTS.] 102.24 The commissioner may make grants for procurement of fire 102.25 suppression equipment and training of fire departments in 102.26 techniques of fire controlthat. These grants will enablethem102.27 local fire departments to assist the state more effectively in 102.28 controlling wildfires. The commissioner may require a local 102.29 match for any grant. Fire suppression equipment may include, 102.30 but is not limited to, fire suppression tools and equipment, 102.31 protective clothing, dry hydrants, communications equipment, and 102.32 conversion of vehicles to wildfire suppression vehicles. 102.33 Training shall be provided to the extent practicable in 102.34 coordination with other public agencies with training and 102.35 educational responsibilities. 102.36 Sec. 91. Minnesota Statutes 1998, section 89A.01, is 103.1 amended by adding a subdivision to read: 103.2 Subd. 10a. [PEER REVIEW.] "Peer review" means a 103.3 scientifically based review conducted by individuals with 103.4 substantial knowledge and experience in the subject matter. 103.5 Sec. 92. Minnesota Statutes 1998, section 89A.02, is 103.6 amended to read: 103.7 89A.02 [POLICY.] 103.8 It is the policy of the state to: 103.9 (1) pursue the sustainable management, use, and protection 103.10 of the state's forest resources to achieve the state's economic, 103.11 environmental, and social goals; 103.12 (2) encourage cooperation and collaboration between public 103.13 and private sectors in the management of the state's forest 103.14 resources; 103.15 (3) recognize and consider forest resource issues, 103.16 concerns, and impacts at the site and landscape levels; and 103.17 (4) recognize the broad array of perspectives regarding the 103.18 management, use, and protection of the state's forest resources, 103.19 and establish processes and mechanisms that seek and incorporate 103.20 these perspectives in the planning and management of the state's 103.21 forest resources. 103.22 Nothing in this chapter abolishes, repeals, or negates any 103.23 existing authorities, policies, programs, or activities of the103.24commissioner or other statutory authoritiesrelated to managing 103.25 and protecting the state's forest resources. 103.26 Sec. 93. Minnesota Statutes 1998, section 89A.03, is 103.27 amended to read: 103.28 89A.03 [MINNESOTA FOREST RESOURCES COUNCIL.] 103.29 Subdivision 1. [MEMBERSHIP.]The Minnesota forest103.30resources council has 13 members appointed by the governor and103.31one member appointed by the Indian affairs council.The 103.32 governor must appoint a chair and 15 other members to the 103.33 Minnesota forest resources council. The Indian affairs council 103.34 will appoint one additional member. When making appointments to 103.35 the council, the governor must appoint knowledgeable individuals 103.36 with an understanding of state forest resource issues who fairly 104.1 reflect a balance of the various interests in the sustainable 104.2 management, use, and protection of the state's forest resources 104.3 in order to achieve the purpose and policies specified in 104.4 section 89A.02, and subdivision 2 of this section. The council 104.5 membership appointed by the governor must include the following 104.6 individuals: 104.7 (1)a representativetwo representatives froman104.8organizationorganizations representing environmental interests 104.9 within the state; 104.10 (2) a representative from an organization representing the 104.11 interests of management of game species; 104.12 (3) a representative from a conservation organization; 104.13 (4) a representative from an association representing 104.14 forest products industry within the state; 104.15 (5) a commercial logging contractor active in a forest 104.16 product association; 104.17 (6) a representative from a statewide association 104.18 representing the resort and tourism industry; 104.19 (7) a faculty or researcher of a Minnesota research or 104.20 higher educational institution; 104.21 (8) an owner of nonindustrial, private forest land of 40 104.22 acres or more; 104.23 (9) anagricultural woodlot ownerowner of nonindustrial, 104.24 private forest land; 104.25 (10) a representative from the department; 104.26 (11) a county land commissioner who is a member of the 104.27 Minnesota association of county land commissioners; 104.28 (12) a representative from the United States Forest Service 104.29 unit with land management responsibility in Minnesota;and104.30 (13) a representative from a labor organization with 104.31 membership having an interest in forest resource issues; 104.32 (14) an individual representing a secondary wood products 104.33 manufacturing organization; and 104.34 (15) a chair. 104.35 Subd. 2. [PURPOSE.] The councilshallmust develop 104.36 recommendations to the governor and to federal, state, county, 105.1 and local governments with respect to forest resource policies 105.2 and practices that result in the sustainable management, use, 105.3 and protection of the state's forest resources. The policies 105.4 and practices must: 105.5 (1) acknowledge the interactions of complex sustainable 105.6 forest resources, multiple ownership patterns, and local to 105.7 international economic forces; 105.8 (2) give equal consideration to the long-term economic, 105.9 ecological, and social needs and limits of the state's forest 105.10 resources; 105.11 (3) foster the productivity of the state's forests to 105.12 provide a diversity of sustainable benefits at site-levels and 105.13 landscape-levels; 105.14 (4) enhance the ability of the state's forest resources to 105.15 provide future benefits and services; 105.16 (5) foster no net loss of forest land in Minnesota: 105.17 (6) encourage appropriate mixes of forest cover types and 105.18 age classes within landscapes to promote biological diversity 105.19 and viable forest-dependent fish and wildlife habitats; 105.20 (7) encourage collaboration and coordination with multiple 105.21 constituencies in planning and managing the state's forest 105.22 resources; and 105.23 (8) address the environmental impacts andtheirimplement 105.24 mitigations as recommended in the generic environmental impact 105.25 statement on timber harvesting. 105.26 Subd. 3. [COUNCIL MEETINGS.]The council shall establish105.27procedures for conducting its meetings in accordance with105.28section 471.705 that include provisions for seeking and105.29incorporating public input.At a minimum, meetings of the 105.30 council and all of the committees, task forces, technical teams, 105.31 regional committees, and other groups the council may establish 105.32 must be conducted in accordance with section 471.705. Except 105.33 where prohibited by law, the council must establish additional 105.34 processes to broaden public involvement in all aspects of its 105.35 deliberations. 105.36 Subd. 4. [COUNCILOFFICERS ANDSTAFF.]The council shall106.1elect a chair from among its members.The councilmayshall 106.2 employ an executive directorand administrative assistantwho 106.3 shall have the authority to employ staff. Technical expertise 106.4 that will enable the council to carry out its functions must be 106.5 provided to the council by those interests represented on the 106.6 council. 106.7 Subd. 5. [MEMBERSHIP REGULATION.] Terms, compensation, 106.8 nomination, appointment, and removal of council members are 106.9 governed by section 15.059. Section 15.059, subdivision 5, does 106.10 not govern the expiration date of the council. 106.11 Subd. 6. [REPORT.]By January 1, 1997, the council shall106.12prepare a report to the governor and legislature on the status106.13of the state's forest resources, and strategic directions to106.14provide for their management, use, and protection. Information106.15generated by the reporting requirements in this chapter must be106.16incorporated in the council's report. To the extent possible,106.17the council's report must also identify the activities and106.18accomplishments of various programs that directly affect the106.19state's forest resources.The council must report to the 106.20 governor and to the legislative committees and divisions with 106.21 jurisdiction over environment and natural resource policy and 106.22 finance by February 1 of each year. The report must describe 106.23 the progress and accomplishments made by the council during the 106.24 preceding year. 106.25Subd. 7. [REVIEW OF FOREST RESOURCES PLAN AND ASSESSMENT.]106.26The council shall undertake a review of the forest resource106.27management plan and forest assessment requirements contained in106.28section 89.011, and report to the commissioner no later than106.29July 1, 1996, on the appropriateness and effectiveness of these106.30requirements, including recommendations for enhancing existing106.31forest resource planning processes. The council shall review106.32draft statewide and district forest resource planning documents,106.33and incorporate the findings, including any recommendation, of106.34such reviews in its biennial report specified in subdivision 6.106.35 Sec. 94. Minnesota Statutes 1998, section 89A.04, is 106.36 amended to read: 107.1 89A.04 [PARTNERSHIP.] 107.2 It is the policy of the state to encourage forest 107.3 landowners, forest managers, and loggers to establish a 107.4 partnership in which the implementation of council 107.5 recommendations can occur in a timely and coordinated manner 107.6 across ownerships. The partnership shall serve as a forum for 107.7 discussing operational implementation issues and problem solving 107.8 related to forest resources management and planning concerns, 107.9 and be responsive to the recommendations of the council. This 107.10 partnership shall also actively foster collaboration and 107.11 coordination among forest managers and landowners in addressing 107.12 landscape-level operations and concerns. In fulfilling its 107.13 responsibilities as identified in this chapter,the council107.14shall seek input from and consult withthe partnership may 107.15 advise the council. Nothing in this section shall imply extra 107.16 rights or influence for the partnership. 107.17 Sec. 95. Minnesota Statutes 1998, section 89A.05, is 107.18 amended to read: 107.19 89A.05 [TIMBER HARVESTING AND FOREST MANAGEMENT 107.20 GUIDELINES.] 107.21 Subdivision 1. [DEVELOPMENT.] The council shall coordinate 107.22 the development of comprehensive timber harvesting and forest 107.23 management guidelines. The guidelines must address the water, 107.24 air, soil, biotic, recreational, and aesthetic resources found 107.25 in forest ecosystems by focusing on those impacts commonly 107.26 associated with applying site-level forestry practices. The 107.27 guidelines must reflect a range of practical and sound practices 107.28 based on the best available scientific information, and be 107.29 integrated to minimize conflicting recommendations while being 107.30 easy to understand and implement.Best management practices107.31previously developed for forest management must be incorporated107.32into the guidelines.By June 30, 2003, the council 107.33 shallperiodicallyreview and,whenif deemed necessary, update 107.34 the guidelines. Changes to the guidelines shall be peer 107.35 reviewed prior to final adoption by the council. By December 107.36 1999, the council must undertake a peer review of the 108.1 recommendations in the forest management guidelines adopted in 108.2 December 1998 for protecting forest riparian areas and seasonal 108.3 ponds. 108.4 Subd. 2. [ECONOMIC CONSIDERATIONS.] Before the 108.5 implementation of timber harvesting and forest management 108.6 guidelines, new site-level practices and landscape-level 108.7 programs, the council shall analyze the costs and benefits of 108.8 new site-level practices and landscape-level programs. When the 108.9 analysis concludes that new landscape-level programs and 108.10 site-level practices will result in adverse economic effects, 108.11 including decreased timber supply and negative effects on 108.12 tourism, opportunities to offset those effects must be 108.13 explored. The council shall also: 108.14 (1) identify and quantify forest and timberland acreages 108.15 that will no longer be available for harvest; and 108.16 (2) encourage public resource agencies to provide 108.17 sustainable, predictable supplies of high-quality forest 108.18 resource benefits, including timber supplies that are consistent 108.19 with their multiple mandates and diverse management objectives. 108.20 These benefits should be provided by public resource agencies in 108.21 proportion to their forest land's capability to do so. 108.22 Subd. 2a. [REVIEW.] In reviewing the guidelines, the 108.23 council must consider information from forest resources, 108.24 practices, compliance, and effectiveness monitoring programs of 108.25 the department. The council's recommendations relating to 108.26 revisions to the forest management guidelines must be subject to 108.27 peer reviewers appointed by the council. The council must 108.28 consider recommendations of peer reviewers prior to final 108.29 adoption of revisions to the guidelines. 108.30 Subd. 3. [APPLICATION.] The timber harvesting and forest 108.31 management guidelines are voluntary. Prior to their actual use, 108.32 the councilshallmust develop guideline implementation goals 108.33 for each major forest land ownership category. If the 108.34 information developed as a result oftheforest resources, 108.35 practices, compliance, and effectiveness monitoring programs 108.36established in section 89A.07conducted by the department or 109.1 other information obtained by the council indicates the 109.2 implementation goals for the guidelines are not being met and 109.3 the council determines significant adverse impacts are 109.4 occurring, the council shall recommend to the governor 109.5 additional measures to address those impacts. The councilshall109.6 must incorporate the recommendations as part of the council's 109.7 biennial report required by section 89A.03, subdivision 6. 109.8 Subd. 4. [MONITORING RIPARIAN FORESTS.] The commissioner, 109.9 with program advice from the council, shall accelerate 109.10 monitoring the extent and condition of riparian forests, the 109.11 extent to which harvesting occurs within riparian management 109.12 zones and seasonal ponds, and the use and effectiveness of 109.13 timber harvesting and forest management guidelines applied in 109.14 riparian management zones and seasonal ponds. This information 109.15 shall, to the extent possible, be consistent with the monitoring 109.16 programs identified in section 89A.07. Information gathered on 109.17 riparian forests and timber harvesting in riparian management 109.18 zones and seasonal ponds as specified in this subdivision shall 109.19 be presented to the legislature by February 2001 and in 109.20 subsequent reports required in section 89A.03, subdivision 6. 109.21 Sec. 96. Minnesota Statutes 1998, section 89A.06, is 109.22 amended to read: 109.23 89A.06 [LANDSCAPE-LEVEL FOREST RESOURCE PLANNING AND 109.24 COORDINATION.] 109.25 Subdivision 1. [FRAMEWORK.] The councilshallmust 109.26 establish a framework that will enable long-range strategic 109.27 planning and landscape coordination to occur, to the extent 109.28 possible, across all forested regions of the state and across 109.29 all ownerships. The framework must include: 109.30 (1) identification of the landscapes within which 109.31 long-range strategic planning of forest resources can occur, 109.32 provided that the landscapes must be delineated based on broadly 109.33 defined ecological units and existing classification systems, 109.34 yet recognize existing political and administrative boundaries 109.35 and planning processes; 109.36 (2) a statement of principles and goals for landscape-based 110.1 forest resource planning; and 110.2 (3) identification of a general process by which 110.3 landscape-based forest resource planningcan occuroccurs, 110.4 provided that the process must give considerable latitude to 110.5 design planning processes that fit the unique needs and 110.6 resources of each landscape; reflect a balanced consideration of 110.7 the economic, social, and environmental conditions and needs of 110.8 each landscape; and interface and establish formats that are 110.9 compatible with other landscape-based forest resource plans. 110.10 Subd. 2. [REGIONAL FOREST RESOURCE COMMITTEES.] To foster 110.11 landscape-based forest resource planning, the councilshallmust 110.12 establish regional forest resource committees.TheEach 110.13 regionalcommittees mustcommittee shall: 110.14 (1) include representative interests in a particular region 110.15 that are committed to and involved in landscape planning and 110.16 coordination activities; 110.17 (2) serve as a forum for landowners, managers, and 110.18 representative interests to discuss landscape forest resource 110.19 issues; 110.20 (3) identify and implement an open and public process 110.21 whereby landscape-based strategic planning of forest resources 110.22 can occur; 110.23 (4) integrate its report with existing public and private 110.24 landscape planning efforts in the region; 110.25 (5) facilitate landscape coordination between existing 110.26 regional landscape planning efforts of land managers, both 110.27 public and private; 110.28 (6) identify and facilitate opportunities for public 110.29 participation in existing landscape planning efforts in this 110.30 region; 110.31 (7) identify sustainable forest resource goals for the 110.32 landscape and strategies to achieve those goals; and 110.33(5)(8) provide a regional perspective to the council with 110.34 respect to council activities. 110.35 Subd. 2a. [REGIONAL FOREST COMMITTEE REPORTING.] The 110.36 council must report annually on the activities and progress made 111.1 by the regional forest committees established under subdivision 111.2 2, including the following: 111.3 (1) by December 1, 1999, the regional committee for the 111.4 council's northeast landscape will complete the identification 111.5 of draft desired future outcomes, key issues, and strategies for 111.6 the landscape; 111.7 (2) by July 1, 2000, the council will complete assessments 111.8 for the council's north central and southeast landscape regions; 111.9 (3) by July 1, 2001, the regional committees for the north 111.10 central and southeast landscapes will complete draft desired 111.11 future outcomes, key issues, and strategies for their respective 111.12 landscapes; and 111.13 (4) the council will establish time lines for additional 111.14 regional landscape committees and activities as staffing and 111.15 funding allow. 111.16 Subd. 3. [REGIONAL COMMITTEE OFFICERS AND STAFF.]Each111.17regional committee shall elect a chair from among its111.18membersThe council chair may appoint a chair from the regional 111.19 committee participants. The councilshall ensuremust include 111.20 in its budget request sufficient resources for each regional 111.21committees have sufficient staff resourcescommittee to carry 111.22 outtheirits mission as defined in this section. 111.23 Subd. 4. [REPORT.] Each regional committeeshallmust 111.24 report to the council its work activities and accomplishments. 111.25 Sec. 97. Minnesota Statutes 1998, section 89A.07, 111.26 subdivision 3, is amended to read: 111.27 Subd. 3. [EFFECTIVENESS MONITORING.] The commissioner, in 111.28 cooperation with other research and land management 111.29 organizations, shall evaluate the effectiveness of practices to 111.30 mitigate impacts of timber harvesting and forest management 111.31 activities on the state's forest resources. The council shall 111.32 provide oversight and program direction for the development and 111.33 implementation of this monitoring program. The commissioner 111.34 shall report to the council on the effectiveness of these 111.35 practices. 111.36 Sec. 98. Minnesota Statutes 1998, section 89A.07, 112.1 subdivision 5, is amended to read: 112.2 Subd. 5. [CITIZEN CONCERNS.] The council shall facilitate 112.3 the establishment of a process to accept comments from the 112.4 public on negligent timber harvesting or forest management 112.5 practices.Comments must also be directed to the organization112.6administering the certification program.112.7 Sec. 99. Minnesota Statutes 1998, section 89A.10, is 112.8 amended to read: 112.9 89A.10 [CONTINUING EDUCATION; CERTIFICATION.] 112.10 It is the policy of the state to encourage timber 112.11 harvesters and forest resource professionals to establish 112.12voluntary certification andcontinuing education programs within 112.13 their respective professions that promote sustainable forest 112.14 management. The council shall, where appropriate, facilitate 112.15 the development of these programs. 112.16 Sec. 100. Minnesota Statutes 1998, section 92.45, is 112.17 amended to read: 112.18 92.45 [STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.] 112.19 All state lands bordering on or adjacent to meandered lakes 112.20 and other public waters and watercourses, with the live timber 112.21 growing on them, are withdrawn from sale except as provided in 112.22 this section. The commissioner of natural resources may sell 112.23 the timber as otherwise provided by law for cutting and removal 112.24 under conditions the commissioner prescribes. The conditions 112.25 must be in accordance with approved, sustained-yield forestry 112.26 practices. The commissioner must reserve the timber and impose 112.27 other conditions the commissioner deems necessary to protect 112.28 watersheds, wildlife habitat, shorelines, and scenic features. 112.29 Within the area in Cook, Lake, and St. Louis counties described 112.30 in the act of Congress approved July 10, 1930, (Statutes at 112.31 Large, volume 46, page 1020), the timber on state lands is 112.32 subject to restrictions like those now imposed by the act on 112.33 federal lands. 112.34 The following land is reserved for public travel: of all 112.35 land bordering on or adjacent to meandered lakes and other 112.36 public waters and watercourses and withdrawn from sale, a strip 113.1 two rods wide, the ordinary high-water mark being its waterside 113.2 boundary, and its landside boundary a line drawn parallel to the 113.3 ordinary high-water mark and two rods distant landward from it. 113.4 Wherever the conformation of the shore line or conditions 113.5 require, the commissioner must reserve a wider strip. 113.6 Except for sales under section 282.018, subdivision 1, when 113.7 a state agency or any other unit of government requests the 113.8 legislature to authorize the sale of state lands bordering on or 113.9 adjacent to meandered lakes and other public waters and 113.10 watercourses, the commissioner shall evaluate the lands and 113.11 their public benefits and make recommendations on the proposed 113.12 dispositions to the committees of the legislature with 113.13 jurisdiction over natural resources. The commissioner shall 113.14 include any recommendations of the commissioner for disposition 113.15 of lands withdrawn from sale under this section over which the 113.16 commissioner has jurisdiction. The commissioner's 113.17 recommendations may include a public sale, sale to a private 113.18 party, acquisition by the commissioner for public purposes, 113.19 retention of a conservation easement for shoreland preservation 113.20 by the commissioner under chapter 84C, or a cooperative 113.21 management agreement with, or transfer to, another unit of 113.22 government. 113.23 The commissioner may sell state lands bordering on or 113.24 adjacent to the Mississippi river or any lakes, waters, and 113.25 watercourses in its bottom lands, desired or needed by the 113.26 United States government for, or in connection with, any project 113.27 heretofore authorized by Congress, to improve navigation in the 113.28 Mississippi River at public sale according to law, as in other 113.29 cases, upon application by an authorized United States 113.30 official. The application must describe the land and include a 113.31 map showing its location with reference to adjoining properties. 113.32 Sec. 101. Minnesota Statutes 1998, section 92.46, 113.33 subdivision 1, is amended to read: 113.34 Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may 113.35 designate suitable portions of the state lands withdrawn from 113.36 sale and not reserved, as provided in section 92.45, as 114.1 permanent state public campgrounds. The director may have the 114.2 land surveyed and platted into lots of convenient size, and 114.3 lease them for cottage and camp purposes under terms and 114.4 conditions the director prescribes, subject to the provisions of 114.5 this section. 114.6 (b) A lease may not be for a term more than 20 years. The 114.7 lease may allow renewal, from time to time, for additional terms 114.8 of no longer than 20 years each. The lease may be canceled by 114.9 the commissioner 90 days after giving the person leasing the 114.10 land written notice of violation of lease conditions. The lease 114.11 rate shall be based on the appraised value of leased land as 114.12 determined by the commissioner of natural resources and shall be 114.13 adjusted by the commissioner at the fifth, tenth, and 15th 114.14 anniversary of the lease, if the appraised value has increased 114.15 or decreased. For leases that are renewed in 1991 and following 114.16 years, the lease rate shall be five percent of the appraised 114.17 value of the leased land. The appraised value shall be the 114.18 value of the leased land without any private improvements and 114.19 must be comparable to similar land without any improvements 114.20 within the same county. The minimum appraised value that the 114.21 commissioner assigns to the leased land must be substantially 114.22 equal to the county assessor's estimated market value of similar 114.23 land adjusted by the assessment/sales ratio as determined by the 114.24 department of revenue. 114.25 (c) By July 1, 1986, the commissioner of natural resources 114.26 shall adopt rules under chapter 14 to establish procedures for 114.27 leasing land under this section. The rules shall be subject to 114.28 review and approval by the commissioners of revenue and 114.29 administration prior to the initial publication pursuant to 114.30 chapter 14 and prior to their final adoption. The rules must 114.31 address at least the following: 114.32 (1) method of appraising the property; and 114.33 (2) an appeal procedure for both the appraised values and 114.34 lease rates. 114.35 (d) All money received from these leases must be credited 114.36 to the fund to which the proceeds of the land belong. 115.1 Notwithstanding section 16A.125 or any other law to the 115.2 contrary,50beginning in fiscal year 1999, 100 percent of the 115.3 money received from the lease of permanent school fund lands 115.4 leased pursuant to this subdivision must be credited to the 115.5 lakeshore leasing and sales account in the permanent school fund 115.6 and is appropriated for use to survey, appraise, and pay 115.7 associated sellingand, leasing, or exchange costs of lots as 115.8 required in this section and Minnesota Statutes 1992, section 115.9 92.67, subdivision 3.The money may not be used to pay the cost115.10of surveying lots not scheduled for sale.Any money designated 115.11 for deposit in the permanent school fund that is not needed to 115.12 survey, appraise, and pay associated sellingand, leasing, or 115.13 exchange costs of lots, as required in this section, shall be 115.14 deposited in the permanent school fund. The commissioner shall 115.15 add to the appraised value of any lot offered for sale or 115.16 exchange the costs of surveying, appraising, andselling115.17 disposing of the lot, and shall first deposit into the permanent 115.18 school fund an amount equal to the costs of surveying, 115.19 appraising, andsellingdisposing of any lot paid out of the 115.20 permanent school fund. Any remaining money shall be deposited 115.21 into any other contributing funds in proportion to the 115.22 contribution from each fund. In no case may the commissioner 115.23 add to the appraised value of any lot offered for sale or 115.24 exchange an amount more than$700 forthe actual contract 115.25 service costs of surveyingand, appraising, and disposing of the 115.26 lot. 115.27 Sec. 102. Minnesota Statutes 1998, section 97A.075, 115.28 subdivision 1, is amended to read: 115.29 Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes 115.30 of this subdivision, "deer license" means a license issued under 115.31 section 97A.475, subdivisions 2, clauses (4), (5), and (9), and 115.32 3, clauses (2), (3), and (7), and licenses issued under section 115.33 97B.301, subdivision 4. 115.34 (b) At least $2 from each deer license shall be used for 115.35 deer habitat improvement or deer management programs. 115.36 (c) At least $1 from each deer license and each bear 116.1 license shall be used for deer and bear management programs, 116.2 including a computerized licensing system. Fifty cents from 116.3 each deer license is appropriated for emergency deer feeding. 116.4 Money appropriated for emergency deer feeding is available until 116.5 expended. When the unencumbered balance in the appropriation 116.6 for emergency deer feeding at the end of a fiscal year exceeds 116.7$750,000$1,500,000 for the first time, $750,000 is canceled to 116.8 the unappropriated balance of the game and fish fundand the116.9amount appropriated for emergency deer feeding is reduced to 25116.10cents from each deer license. 116.11 Thereafter, when the unencumbered balance in the 116.12 appropriation for emergency deer feeding exceeds $1,500,000 at 116.13 the end of a fiscal year, the unencumbered balance in excess of 116.14 $1,500,000 is canceled and available for deer and bear 116.15 management programs and computerized licensing. 116.16 Sec. 103. Minnesota Statutes 1998, section 97B.020, is 116.17 amended to read: 116.18 97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.] 116.19 Except as provided in this section, a person born after 116.20 December 31, 1979, may not obtain a license to take wild animals 116.21 by firearms. A person may obtain a hunting license ifunless 116.22 the person has a firearms safety certificate or equivalent 116.23 certificate, driver's license or identification card with a 116.24 valid firearms safety qualification indicator issued under 116.25 section 171.07, subdivision 13, previous hunting license, or 116.26 other evidence indicating that the person has completed in this 116.27 state or in another state a hunter safety course recognized by 116.28 the department under a reciprocity agreement. A person who is 116.29 on active duty and has successfully completed basic training in 116.30 the United States armed forces, reserve component, or national 116.31 guard may obtain a hunting license or approval authorizing 116.32 hunting regardless of whether the person is issued a firearms 116.33 safety certificate. 116.34 Sec. 104. [97C.326] [UNDERWATER VIDEO CAMERA RESTRICTION.] 116.35 A person who is fishing in the waters of this state and has 116.36 immediate possession or control of an underwater video camera 117.1 must immediately return all fish to the water that are in the 117.2 person's possession on the water or on the ice. For the 117.3 purposes of this section, an underwater video camera that is in 117.4 a fish house, or in the possession of any member of a fishing 117.5 party, as that term is defined in section 97C.317, is considered 117.6 to be in the immediate possession of each occupant of the fish 117.7 house or each member of the party. 117.8 Sec. 105. Minnesota Statutes 1998, section 103G.271, 117.9 subdivision 6, is amended to read: 117.10 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as 117.11 described in paragraphs (b) to (f), a water use permit 117.12 processing fee must be prescribed by the commissioner in 117.13 accordance with the following schedule of fees for each water 117.14 use permit in force at any time during the year: 117.15 (1) 0.05 cents per 1,000 gallons for the first 50,000,000 117.16 gallons per year; 117.17 (2) 0.10 cents per 1,000 gallons for amounts greater than 117.18 50,000,000 gallons but less than 100,000,000 gallons per year; 117.19 (3) 0.15 cents per 1,000 gallons for amounts greater than 117.20 100,000,000 gallons but less than 150,000,000 gallons per year; 117.21 (4) 0.20 cents per 1,000 gallons for amounts greater than 117.22 150,000,000 gallons but less than 200,000,000 gallons per year; 117.23 (5) 0.25 cents per 1,000 gallons for amounts greater than 117.24 200,000,000 gallons but less than 250,000,000 gallons per year; 117.25 (6) 0.30 cents per 1,000 gallons for amounts greater than 117.26 250,000,000 gallons but less than 300,000,000 gallons per year; 117.27 (7) 0.35 cents per 1,000 gallons for amounts greater than 117.28 300,000,000 gallons but less than 350,000,000 gallons per year; 117.29 (8) 0.40 cents per 1,000 gallons for amounts greater than 117.30 350,000,000 gallons but less than 400,000,000 gallons per year; 117.31 and 117.32 (9) 0.45 cents per 1,000 gallons for amounts greater than 117.33 400,000,000 gallons per year. 117.34 (b) For once-through cooling systems, a water use 117.35 processing fee must be prescribed by the commissioner in 117.36 accordance with the following schedule of fees for each water 118.1 use permit in force at any time during the year: 118.2 (1) for nonprofit corporations and school districts, 15.0 118.3 cents per 1,000 gallons; and 118.4 (2) for all other users, 20 cents per 1,000 gallons. 118.5 (c) The fee is payable based on the amount of water 118.6 appropriated during the year and, except as provided in 118.7 paragraph (f), the minimum fee is $50. 118.8 (d) For water use processing fees other than once-through 118.9 cooling systems: 118.10 (1) the fee for a city of the first class may not exceed 118.11 $175,000 per year; 118.12 (2) the fee for other entities for any permitted use may 118.13 not exceed: 118.14 (i) $35,000 per year for an entity holding three or fewer 118.15 permits; 118.16 (ii) $50,000 per year for an entity holding four or five 118.17 permits; 118.18 (iii) $175,000 per year for an entity holding more than 118.19 five permits; 118.20 (3) the fee for agricultural irrigation may not exceed $750 118.21 per year; 118.22 (4) the fee for a municipality that furnishes electric 118.23 service and cogenerates steam for home heating may not exceed 118.24 $10,000 for its permit for water use related to the cogeneration 118.25 of electricity and steam; and 118.26 (5) no fee is required for a project involving the 118.27 appropriation of surface water to prevent flood damage or to 118.28 remove flood waters during a period of flooding, as determined 118.29 by the commissioner. 118.30 (e) Failure to pay the fee is sufficient cause for revoking 118.31 a permit. A penalty of two percent per month calculated from 118.32 the original due date must be imposed on the unpaid balance of 118.33 fees remaining 30 days after the sending of a second notice of 118.34 fees due. A fee may not be imposed on an agency, as defined in 118.35 section 16B.01, subdivision 2, or federal governmental agency 118.36 holding a water appropriation permit. 119.1 (f) The minimum water use processing fee for a permit 119.2 issued for irrigation of agricultural land is $10 for years in 119.3 which: 119.4 (1) there is no appropriation of water under the permit; or 119.5 (2) the permit is suspended for more than seven consecutive 119.6 days between May 1 and October 1. 119.7(g) For once-through systems fees payable after July 1,119.81993, 75 percent of the fees must be credited to a special119.9account and are appropriated to the Minnesota public facilities119.10authority for loans under section 446A.21.119.11 Sec. 106. [103G.705] [STREAM PROTECTION AND IMPROVEMENT 119.12 LOAN PROGRAM.] 119.13 Subdivision 1. [LOAN PROGRAM.] (a) A political subdivision 119.14 may apply to the commissioner on forms provided by the 119.15 commissioner for a loan for up to 90 percent of the total local 119.16 cost of a project to protect or improve a stream. The 119.17 commissioner shall apportion loans according to the potential 119.18 for prevention of immediate harm to the stream, the relative 119.19 need for maintenance or improvements, the date of the 119.20 application for the loan, and the availability of funds. 119.21 (b) By January 15 of each year, the commissioner must 119.22 provide the legislature with a list of all applications received 119.23 by the commissioner, the loan amounts requested, and a listing 119.24 and explanation of the disposition of the applications. 119.25 (c) The commissioner must make the loan to the political 119.26 subdivision in the amount determined by the commissioner and 119.27 under the terms specified in this section. Loans made under 119.28 this section do not require the approval of the electors of the 119.29 political subdivision as provided in section 475.58 and do not 119.30 constitute net debt for purposes of section 475.53 or any debt 119.31 limitation provision of any special law or city charter. 119.32 (d) A loan made under this section must be repaid without 119.33 interest over a period not to exceed ten years. The 119.34 commissioner may charge an annual administrative fee to the 119.35 political subdivision. 119.36 (e) A political subdivision receiving a loan made under 120.1 this section must levy for the loan repayment beginning in the 120.2 year the loan proceeds are received and succeeding years until 120.3 the loan and the associated administrative costs are repaid. 120.4 The levy must be for: 120.5 (1) the amount of the annual loan repayment and the 120.6 associated administrative costs; or 120.7 (2) the amount of the annual loan repayment and 120.8 administrative costs less the amount the political subdivision 120.9 certifies it has received from other sources for the loan 120.10 repayment. 120.11 Subd. 2. [STREAM PROTECTION AND IMPROVEMENT FUND.] There 120.12 is established in the state treasury a stream protection and 120.13 redevelopment fund. All repayments of loans made and 120.14 administrative fees assessed under subdivision 1 must be 120.15 deposited in this fund. Interest earned on money in the fund 120.16 accrues to the fund and money in the fund is appropriated to the 120.17 commissioner of natural resources for purposes of the stream 120.18 protection and redevelopment program, including costs incurred 120.19 by the commissioner to establish and administer the program. 120.20 Sec. 107. Minnesota Statutes 1998, section 115.55, 120.21 subdivision 5a, is amended to read: 120.22 Subd. 5a. [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a) 120.23 An inspection of an existing system must evaluate the criteria 120.24 in paragraphs (b) to(h)(j). 120.25 (b) If the inspector finds one or more of the following 120.26 conditions: 120.27 (1) sewage discharge to surface water; 120.28 (2) sewage discharge to ground surface; 120.29 (3) sewage backup; or 120.30 (4) any other situation with the potential to immediately 120.31 and adversely affect or threaten public health or safety, 120.32 then the system constitutes an imminent threat to public health 120.33 or safety and, if not repaired, must be upgraded, replaced, or 120.34 its use discontinued within ten months of receipt of the notice 120.35 described in subdivision 5b, or within a shorter period of time 120.36 if required by local ordinance. 121.1 (c) An existing system that has none of the conditions in 121.2 paragraph (b), and has at least two feet of soil separation need 121.3 not be upgraded, repaired, replaced, or its use discontinued, 121.4 notwithstanding any local ordinance that is more restrictive. 121.5 (d) Paragraph (c) does not apply to systems in shoreland 121.6 areas regulated under sections 103F.201 to 103F.221, wellhead 121.7 protection areas as defined in section 103I.005, or those used 121.8 in connection with food, beverage, and lodging establishments 121.9 regulated under chapter 157. 121.10 (e) If the local unit of government with jurisdiction over 121.11 the system has adopted an ordinance containing local standards 121.12 pursuant to subdivision 7, the existing system must comply with 121.13 the ordinance. If the system does not comply with the 121.14 ordinance, it must be upgraded, replaced, or its use 121.15 discontinued according to the ordinance. 121.16 (f) If a seepage pit, drywell, cesspool, or leaching pit 121.17 exists and the local unit of government with jurisdiction over 121.18 the system has not adopted local standards to the contrary, the 121.19 system is failing and must be upgraded, replaced, or its use 121.20 discontinued within the time required by subdivision 3 or local 121.21 ordinance. 121.22 (g) If the system fails to provide sufficient groundwater 121.23 protection, then the local unit of government or its agent shall 121.24 order that the system be upgraded, replaced, or its use 121.25 discontinued within the time required by rule or the local 121.26 ordinance. 121.27 (h) The authority to find a threat to public health under 121.28 section 145A.04, subdivision 8, is in addition to the authority 121.29 to make a finding under paragraphs (b) to (d). 121.30 (i) Local inspectors must use the standard inspection form 121.31 provided by the agency. The inspection information required by 121.32 local ordinance may be included as an attachment to the standard 121.33 form. The following language must appear on the standard form: 121.34 "If an existing system is not failing as defined in law, and has 121.35 at least two feet of design soil separation, then the system 121.36 need not be upgraded, repaired, replaced, or its use 122.1 discontinued, notwithstanding any local ordinance that is more 122.2 strict. This does not apply to systems in shoreland areas, 122.3 wellhead protection areas, or those used in connection with 122.4 food, beverage, and lodging establishments as defined in law." 122.5 (j) For the purposes of this subdivision, an "existing 122.6 system" means a functioning system installed prior to April 1, 122.7 1996. 122.8 Sec. 108. Minnesota Statutes 1998, section 115A.908, 122.9 subdivision 2, is amended to read: 122.10 Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be 122.11 credited to the motor vehicle transfer account in the 122.12 environmental fund. As cash flow permits, the commissioner of 122.13 finance must transfer (1) $3,200,000 each fiscal year from the 122.14 motor vehicle transfer account to the environmental response, 122.15 compensation, and compliance account established in section 122.16 115B.20; and (2) $1,200,000 each fiscal year from the motor 122.17 vehicle transfer account to the general fund. 122.18 Sec. 109. Minnesota Statutes 1998, section 115A.9651, 122.19 subdivision 6, is amended to read: 122.20 Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided 122.21 under subdivision 7, the manufacturer, or an association of 122.22 manufacturers, of any specified product distributed for sale or 122.23 use in this state that is not listed pursuant to subdivision 4 122.24 shall submit a product review report and fee as provided in 122.25 paragraph (c) to the commissioner for each product by July 1, 122.26 1998. Each product review report shall contain at least the 122.27 following: 122.28 (1) a policy statement articulating upper management 122.29 support for eliminating or reducing intentional introduction of 122.30 listed metals into its products; 122.31 (2) a description of the product and the amount of each 122.32 listed metal distributed for use in this state; 122.33 (3) a description of past and ongoing efforts to eliminate 122.34 or reduce the listed metal in the product; 122.35 (4) an assessment of options available to reduce or 122.36 eliminate the intentional introduction of the listed metal 123.1 including any alternatives to the specified product that do not 123.2 contain the listed metal, perform the same technical function, 123.3 are commercially available, and are economically practicable; 123.4 (5) a statement of objectives in numerical terms and a 123.5 schedule for achieving the elimination of the listed metals and 123.6 an environmental assessment of alternative products; 123.7 (6) a listing of options considered not to be technically 123.8 or economically practicable; and 123.9 (7) certification attesting to the accuracy of the 123.10 information in the report signed and dated by an official of the 123.11 manufacturer or user. 123.12 If the manufacturer fails to submit a product review report, a 123.13 user of a specified product may submit a report and fee which 123.14 comply with this subdivision by August 15, 1998. 123.15 (b) By July 1, 1999, and annually thereafter until the 123.16 commissioner takes action under subdivision 9, the manufacturer 123.17 or user must submit a progress report and fee as provided in 123.18 paragraph (c) updating the information presented under paragraph 123.19 (a). 123.20 (c) The fee shall be$295$750 for each report. The fee 123.21 shall be deposited in the state treasury and credited to the 123.22 environmental fund. 123.23 (d) Where it cannot be determined from a progress report 123.24 submitted by a person pursuant to Laws 1994, chapter 585, 123.25 section 30, subdivision 2, paragraph (e), the number of products 123.26 for which product review reports are due under this subdivision, 123.27 the commissioner shall have the authority to determine, after 123.28 consultation with that person, the number of products for which 123.29 product review reports are required. 123.30 (e) The commissioner shall summarize, aggregate, and 123.31 publish data reported under paragraphs (a) and (b) annually. 123.32 (f) A product that is the subject of a decision under 123.33 section 115A.965 is exempt from this section. 123.34 Sec. 110. Minnesota Statutes 1998, section 115B.175, 123.35 subdivision 2, is amended to read: 123.36 Subd. 2. [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR 124.1 APPROVAL.] (a) The commissioner may approve a voluntary response 124.2 action plan submitted under this section that does not require 124.3 removal or remedy of all releases and threatened releases at an 124.4 identified area of real property if the commissioner determines 124.5 that all of the following criteria have been met: 124.6 (1) if reuse or development of the property is proposed, 124.7 the voluntary response action plan provides for all response 124.8 actions required to carry out the proposed reuse or development 124.9 in a manner that meets the same standards for protection that 124.10 apply to response actions taken or requested under section 124.11 115B.17, subdivision 1 or 2; 124.12 (2) the response actions and the activities associated with 124.13 any reuse or development proposed for the property will not 124.14 aggravate or contribute to releases or threatened releases that 124.15 are not required to be removed or remedied under the voluntary 124.16 response action plan, and will not interfere with or 124.17 substantially increase the cost of response actions to address 124.18 the remaining releases or threatened releases; and 124.19 (3) the owner of the property agrees to cooperate with the 124.20 commissioner or other persons acting at the direction of the 124.21 commissioner in taking response actions necessary to address 124.22 remaining releases or threatened releases, and to avoid any 124.23 action that interferes with the response actions. 124.24 (b) Under paragraph (a), clause (3), an owner may be 124.25 required to agree to any or all of the following terms necessary 124.26 to carry out response actions to address remaining releases or 124.27 threatened releases: 124.28 (1) to provide access to the property to the commissioner 124.29 and the commissioner's authorized representatives; 124.30 (2) to allow the commissioner, or persons acting at the 124.31 direction of the commissioner, to undertake reasonable and 124.32 necessary activities at the property including placement of 124.33 borings, wells, equipment, and structures on the property, 124.34 provided that the activities do not unreasonably interfere with 124.35 the proposed reuse or redevelopment; and 124.36 (3) to grant easements or other interests in the property 125.1 to the agency for any of the purposes provided in clause (1) or 125.2 (2). 125.3 (c) An agreement under paragraph (a), clause (3), must 125.4 apply to and be binding upon the successors and assigns of the 125.5 owner. The owner shall record the agreement, or a memorandum 125.6 approved by the commissioner that summarizes the agreement, with 125.7 the county recorder or registrar of titles of the county where 125.8 the property is located. 125.9 (d) For the purpose of qualifying for a grant under section 125.10 116J.554, subdivision 1, paragraph (c), a letter from the 125.11 commissioner that no removal or remedial action is required 125.12 shall be considered an approved response action plan. 125.13 Sec. 111. Minnesota Statutes 1998, section 115B.39, 125.14 subdivision 2, is amended to read: 125.15 Subd. 2. [DEFINITIONS.] (a) In addition to the definitions 125.16 in this subdivision, the definitions in sections 115A.03 and 125.17 115B.02 apply to sections 115B.39 to 115B.445, except as 125.18 specifically modified in this subdivision. 125.19 (b) "Cleanup order" means a consent order between 125.20 responsible persons and the agency or an order issued by the 125.21 United States Environmental Protection Agency under section 106 125.22 of the federal Superfund Act. 125.23 (c) "Closure" means actions to prevent or minimize the 125.24 threat to public health and the environment posed by a mixed 125.25 municipal solid waste disposal facility that has stopped 125.26 accepting waste by controlling the sources of releases or 125.27 threatened releases at the facility. "Closure" includes 125.28 removing contaminated equipment and liners; applying final 125.29 cover; grading and seeding final cover; installing wells, 125.30 borings, and other monitoring devices; constructing groundwater 125.31 and surface water diversion structures; and installing gas 125.32 control systems and site security systems, as necessary. The 125.33 commissioner may authorize use of final cover that includes 125.34 processed materials that meet the requirements in Code of 125.35 Federal Regulations, title 40, section 503.32, paragraph (a). 125.36 (d) "Closure upgrade" means construction activity that 126.1 will, at a minimum, modify an existing cover so that it 126.2 satisfies current rule requirements for mixed municipal solid 126.3 waste land disposal facilities. 126.4 (e) "Contingency action" means organized, planned, or 126.5 coordinated courses of action to be followed in case of fire, 126.6 explosion, or release of solid waste, waste by-products, or 126.7 leachate that could threaten human health or the environment. 126.8 (f) "Corrective action" means steps taken to repair 126.9 facility structures including liners, monitoring wells, 126.10 separation equipment, covers, and aeration devices and to bring 126.11 the facility into compliance with design, construction, 126.12 groundwater, surface water, and air emission standards. 126.13 (g) "Decomposition gases" means gases produced by chemical 126.14 or microbial activity during the decomposition of solid waste. 126.15 (h) "Dump materials" means nonhazardous mixed municipal 126.16 solid wastes disposed at a Minnesota waste disposal site other 126.17 than a qualified facility prior to 1973. 126.18 (i) "Environmental response action" means response action 126.19 at a qualified facility, including corrective action, closure, 126.20 postclosure care; contingency action; environmental studies, 126.21 including remedial investigations and feasibility studies; 126.22 engineering, including remedial design; removal; remedial 126.23 action; site construction; and other similar cleanup-related 126.24 activities. 126.25 (j) "Environmental response costs" means: 126.26 (1) costs of environmental response action, not including 126.27 legal or administrative expenses; and 126.28 (2) costs required to be paid to the federal government 126.29 under section 107(a) of the federal Superfund Act, as amended. 126.30 (k) "Postclosure" or "postclosure care" means actions taken 126.31 for the care, maintenance, and monitoring of closure actions at 126.32 a mixed municipal solid waste disposal facility. 126.33 (l) "Qualified facility" means a mixed municipal solid 126.34 waste disposal facility as described in the most recent agency 126.35 permit, including adjacent property used for solid waste 126.36 disposal that did not occur under a permit from the agency, that: 127.1 (1)(i) is or was permitted by the agency; 127.2(2)(ii) stopped accepting solid waste, except demolition 127.3 debris, for disposal by April 9, 1994; and 127.4(3)(iii) stopped accepting demolition debris for disposal 127.5 by June 1, 1994, except that demolition debris may be accepted 127.6 until May 1, 1995, at a permitted area where disposal of 127.7 demolition debris is allowed, if the area where the demolition 127.8 debris is deposited is at least 50 feet from the fill boundary 127.9 of the area where mixed municipal solid waste was deposited; or 127.10 (2)(i) is or was permitted by the agency; and 127.11 (ii) stopped accepting waste by January 1, 2000, except 127.12 that demolition debris, industrial waste, and municipal solid 127.13 waste combustor ash may be accepted until January 1, 2001, at a 127.14 permitted area where disposal of such waste is allowed, if the 127.15 area where the waste is deposited is at least 50 feet from the 127.16 fill boundary of the area where mixed municipal solid waste was 127.17 deposited. 127.18 Sec. 112. Minnesota Statutes 1998, section 115B.40, 127.19 subdivision 2, is amended to read: 127.20 Subd. 2. [PRIORITY LIST.] (a) The commissioner shall 127.21 establish a priority list for preventing or responding to 127.22 releases of hazardous substances, pollutants and contaminants, 127.23 or decomposition gases at qualified facilities defined in 127.24 section 115B.39, subdivision 2, paragraph (l), clause (1). The 127.25 commissioner shall periodically revise the list to reflect 127.26 changing conditions at facilities that affect priority for 127.27 response actions. The initial priority list must be established 127.28 by January 1, 1995. 127.29 (b) The priority list required under this subdivision must 127.30 be based on the relative risk or danger to public health or 127.31 welfare or the environment, taking into account to the extent 127.32 possible the population at risk, the hazardous potential of the 127.33 hazardous substances at the facility, the potential for 127.34 contamination of drinking water supplies, the potential for 127.35 direct human contact, and the potential for destruction of 127.36 sensitive ecosystems. 128.1 Sec. 113. Minnesota Statutes 1998, section 115B.40, 128.2 subdivision 3, is amended to read: 128.3 Subd. 3. [NOTIFICATION.] By September 1, 1994, the 128.4 commissioner shall notify the owner or operator of, and persons 128.5 subject to a cleanup order at, each qualified facility defined 128.6 in section 115B.39, subdivision 2, paragraph (l), clause (1), of 128.7 whether the requirements of subdivision 4 or 5 have been met. 128.8 If the requirements have not been met at a facility, the 128.9 commissioner, by the earliest practicable date, shall notify the 128.10 owner or operator and persons subject to a cleanup order of what 128.11 actions need to be taken. 128.12 Sec. 114. Minnesota Statutes 1998, section 115B.40, 128.13 subdivision 4, is amended to read: 128.14 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 128.15 DUTIES.] (a) The owner or operator of a qualified facility that 128.16 is not subject to a cleanup order shall: 128.17 (1) complete closure activities at the facility, or enter 128.18 into a binding agreement with the commissioner to do so, as 128.19 provided in paragraph(d)(e), within one year from the date the 128.20 owner or operator is notified by the commissioner under 128.21 subdivision 3 of the closure activities that are necessary to 128.22 properly close the facility in compliance with facility's 128.23 permit, closure orders, or enforcement agreement with the 128.24 agency, and with the solid waste rules in effect at the time the 128.25 facility stopped accepting waste; 128.26 (2) undertake or continue postclosure care at the facility 128.27 until the date of notice of compliance under subdivision 7; 128.28 (3) in the case of qualified facilities defined in section 128.29 115B.39, subdivision 2, paragraph (l), clause (1), transfer to 128.30 the commissioner of revenue for deposit in the solid waste fund 128.31 established in section 115B.42 any funds required for proof of 128.32 financial responsibility under section 116.07, subdivision 4h, 128.33 that remain after facility closure and any postclosure care and 128.34 response action undertaken by the owner or operator at the 128.35 facility including, if proof of financial responsibility is 128.36 provided through a letter of credit or other financial 129.1 instrument or mechanism that does not accumulate money in an 129.2 account, the amount that would have accumulated had the owner or 129.3 operator utilized a trust fund, less any amount used for 129.4 closure, postclosure care, and response action at the 129.5 facility; and 129.6 (4) in the case of qualified facilities defined in section 129.7 115B.39, subdivision 2, paragraph (l), clause (2), transfer to 129.8 the commissioner of revenue for deposit in the solid waste fund 129.9 established in section 115B.42 an amount of cash that is equal 129.10 to the sum of their approved current contingency action cost 129.11 estimate and the present value of their approved estimated 129.12 remaining postclosure care costs required for proof of financial 129.13 responsibility under section 116.07, subdivision 4h. 129.14 (b) The owner or operator of a qualified facility that is 129.15 not subject to a cleanup order shall: 129.16 (1) in the case of qualified facilities defined in section 129.17 115B.39, subdivision 2, paragraph (l), clause (1), provide the 129.18 commissioner with a copy of all applicable comprehensive general 129.19 liability insurance policies and other liability policies 129.20 relating to property damage, certificates, or other evidence of 129.21 insurance coverage held during the life of the facility; and 129.22(5)(2) enter into a binding agreement with the 129.23 commissioner to: 129.24 (i) in the case of qualified facilities defined in section 129.25 115B.39, subdivision 2, paragraph (l), clause (1), take any 129.26 actions necessary to preserve the owner or operator's rights to 129.27 payment or defense under insurance policies included in 129.28 clause(4)(1); cooperate with the commissioner in asserting 129.29 claims under the policies; and, within 60 days of a request by 129.30 the commissioner, but no earlier than July 1, 1996, assign only 129.31 those rights under the policies related to environmental 129.32 response costs; 129.33 (ii) cooperate with the commissioner or other persons 129.34 acting at the direction of the commissioner in taking additional 129.35 environmental response actions necessary to address releases or 129.36 threatened releases and to avoid any action that interferes with 130.1 environmental response actions, including allowing entry to the 130.2 property and to the facility's records and allowing entry and 130.3 installation of equipment; and 130.4 (iii) refrain from developing or altering the use of 130.5 property described in any permit for the facility except after 130.6 consultation with the commissioner and in conformance with any 130.7 conditions established by the commissioner for that property, 130.8 including use restrictions, to protect public health and welfare 130.9 and the environment. 130.10(b)(c) The owner or operator of a qualified facility 130.11 defined in section 115B.39, subdivision 2, paragraph (l), clause 130.12 (1), that is a political subdivision may use a portion of any 130.13 funds established for response at the facility, which are 130.14 available directly or through a financial instrument or other 130.15 financial arrangement, for closure or postclosure care at the 130.16 facility if funds available for closure or postclosure care are 130.17 inadequate and shall assign the rights to any remainder to the 130.18 commissioner. 130.19(c)(d) The agreement required in paragraph(a)(b), 130.20 clause(5)(2), must be in writing and must apply to and be 130.21 binding upon the successors and assigns of the owner. The owner 130.22 shall record the agreement, or a memorandum approved by the 130.23 commissioner that summarizes the agreement, with the county 130.24 recorder or registrar of titles of the county where the property 130.25 is located. 130.26(d)(e) A binding agreement entered into under paragraph 130.27 (a), clause (1), may include a provision that the owner or 130.28 operator will reimburse the commissioner for the costs of 130.29 closing the facility to the standard required in that clause. 130.30 Sec. 115. Minnesota Statutes 1998, section 115B.40, 130.31 subdivision 5, is amended to read: 130.32 Subd. 5. [QUALIFIED FACILITY UNDER CLEANUP ORDER; DUTIES.] 130.33 (a) For a qualified facility that is subject to a cleanup order, 130.34 persons identified in the order shall complete construction of 130.35 the remedy required under the cleanup order and: 130.36 (1) for a federal order, receive a concurrent determination 131.1 of the United States Environmental Protection Agency and the 131.2 agency or commissioner that the remedy is functioning properly 131.3 and is performing as designed; or 131.4 (2) for a state order, receive acknowledgment from the 131.5 agency or commissioner that the obligations under the order for 131.6 construction of the remedy have been met. 131.7 (b) The owner or operator of a qualified facility that is 131.8 subject to a cleanup order, in addition to any applicable 131.9 requirement in paragraph (a), shall comply with subdivision 4, 131.10paragraphparagraphs (a),clausesclause (3)to (5)or (4); 131.11 and (b). 131.12 Sec. 116. Minnesota Statutes 1998, section 115B.40, 131.13 subdivision 6, is amended to read: 131.14 Subd. 6. [COMMISSIONER; DUTIES.] (a) If the owner or 131.15 operator of a qualified facility that is subject to the 131.16 requirements of subdivision 4, paragraph (a), fails to comply 131.17 with subdivision 4, paragraph (a), clause (1) or (2), the 131.18 commissioner shall: 131.19 (1) undertake or complete closure activities at the 131.20 facility in compliance with the solid waste rules in effect at 131.21 the time the commissioner takes action under this clause; and 131.22 (2) undertake or continue postclosure care at the facility 131.23 as required under subdivision 2. 131.24 (b) If a facility has been properly closed under 131.25 subdivision 4, but the applicable closure requirements are less 131.26 environmentally protective than closure requirements in the 131.27 solid waste rules in effect on January 1, 1993, the commissioner 131.28 shall determine whether the facility should be closed to the 131.29 higher standards and, if so, shall undertake additional closure 131.30 activities at the facility to meet those standards. The 131.31 commissioner may determine that additional closure activities 131.32 are unnecessary only if it is likely that response actions will 131.33 be taken in the near future and that those response actions will 131.34 result in removal or significant alteration of the closure 131.35 activities or render the closure activities unnecessary. 131.36 Sec. 117. Minnesota Statutes 1998, section 115B.40, 132.1 subdivision 7, is amended to read: 132.2 Subd. 7. [NOTICE OF COMPLIANCE; EFFECTS.] (a) The 132.3 commissioner shall provide written notice of compliance to the 132.4 appropriate owner or operator or person subject to a cleanup 132.5 order when: 132.6 (1) the commissioner determines that the requirements of 132.7 subdivision 4 or 5 have been met; and 132.8 (2) the person who will receive the notice has submitted to 132.9 the commissioner a written waiver of any claims the person may 132.10 have against any other person for recovery of any environmental 132.11 response costs related to a qualified facility that were 132.12 incurred prior to the date of notice of compliance. 132.13 (b) Beginning on the date of the notice of compliance: 132.14 (1) the commissioner shall assume all obligations of the 132.15 owner or operator or person for environmental response actions 132.16 under the federal Superfund Act and any federal or state cleanup 132.17 orders and shall undertake all further action under subdivision 132.18 1 at or related to the facility that the commissioner deems 132.19 appropriate and in accordance with the priority list; and 132.20 (2) the commissioner may not seek recovery against the 132.21 owner or operator of the facility or any responsible person of 132.22 any costs incurred by the commissioner for environmental 132.23 response action at or related to the facility, except: 132.24 (i) in the case of qualified facilities defined in section 132.25 115B.39, subdivision 2, paragraph (l), clause (1), to the extent 132.26 of insurance coverage held by the owner or operator or 132.27 responsible person; or 132.28 (ii) as provided in section 115B.402. 132.29 (c) The commissioner and the attorney general shall 132.30 communicate with the United States Environmental Protection 132.31 Agency addressing the manner and procedure for the state's 132.32 assumption of federal obligations under paragraph (b), clause 132.33 (1). 132.34 Sec. 118. Minnesota Statutes 1998, section 115B.40, 132.35 subdivision 8, is amended to read: 132.36 Subd. 8. [STATUTES OF LIMITATIONS.] (a) With respect to 133.1 claims for recovery of environmental response costs related to 133.2 qualified facilities defined in section 115B.39, subdivision 2, 133.3 paragraph (l), clause (1), the running of all applicable periods 133.4 of limitation under state law is suspended until July 1, 2004. 133.5 (b) A waiver of claims for recovery of environmental 133.6 response costs under this section or section 115B.43 is 133.7 extinguished for that portion of reimbursable costs under 133.8 section 115B.43 that have not been reimbursed by July 1, 2004. 133.9 Sec. 119. Minnesota Statutes 1998, section 115B.405, 133.10 subdivision 1, is amended to read: 133.11 Subdivision 1. [APPLICATION.] The owner or operator of a 133.12 qualified facility may apply to the commissioner for exclusion 133.13 from the landfill cleanup program under sections 115B.39, 133.14 115B.40, 115B.41, 115B.412, and 115B.43. Applications for 133.15 qualified facilities defined in section 115B.39, subdivision 2, 133.16 paragraph (l), clause (1), must be received by the commissioner 133.17 by February 1, 1995. Applications for qualified facilities 133.18 defined in section 115B.39, subdivision 2, paragraph (l), clause 133.19 (2), must be received by the commissioner by December 31, 1999. 133.20 The owner or operator of a qualified facility that is subject to 133.21 a federal cleanup order or that includes any portion that is 133.22 tax-forfeited may not apply for exclusion under this section. 133.23 In addition to other information required by the commissioner, 133.24 an application must include a disclosure of all financial 133.25 assurance accounts established for the facility. Applications 133.26 for exclusion must: 133.27 (1) show that the operator or owner is complying with the 133.28 agency's rules adopted under section 116.07, subdivision 4h, and 133.29 is complying with a financial assurance plan for the facility 133.30 that the commissioner has approved after determining that the 133.31 plan is adequate to provide for closure, postclosure care, and 133.32 contingency action; 133.33 (2) demonstrate that the facility is closed or is in 133.34 compliance with a closure schedule approved by the commissioner; 133.35 and 133.36 (3) include a waiver of all claims for recovery of costs 134.1 incurred under sections 115B.01 to 115B.24 and the federal 134.2 Superfund Act at or related to a qualified facility. 134.3 Sec. 120. Minnesota Statutes 1998, section 115B.412, 134.4 subdivision 3, is amended to read: 134.5 Subd. 3. [ACQUISITION AND DISPOSITION OF REAL PROPERTY.] 134.6 The commissioner may acquire and dispose of real property the 134.7 commissioner deems reasonably necessary for environmental 134.8 response actions at or related to a qualified facility under 134.9 section 115B.17, subdivisions 15 and 16. Revenue from the sale, 134.10 lease, or other transfer of property acquired under this 134.11 subdivision shall be deposited in the solid waste fund 134.12 established in section 115B.42. 134.13 Sec. 121. Minnesota Statutes 1998, section 115B.42, is 134.14 amended to read: 134.15 115B.42 [SOLID WASTE FUND.] 134.16 Subdivision 1. [ESTABLISHMENT; APPROPRIATION; SEPARATE 134.17 ACCOUNTING.] (a) The solid waste fund is established in the 134.18 state treasury. The fund consists of money credited to the fund 134.19 and interest earned on the money in the fund. Except as 134.20 provided in subdivision 2,clauseclauses (7), (8), and (11), 134.21 money in the fund is annually appropriated to the commissioner 134.22 for the purposes listed in subdivision 2. 134.23 (b) The commissioner of finance shall separately account 134.24 for revenue deposited in the fund from financial assurance funds 134.25 or other mechanisms, the metropolitan landfill contingency 134.26 action trust fund, and all other sources of revenue. 134.27 Subd. 2. [EXPENDITURES.] (a) Money in the fund may be 134.28 spent by the commissioner to: 134.29 (1) inspect permitted mixed municipal solid waste disposal 134.30 facilities to: 134.31 (i) evaluate the adequacy of final cover, slopes, 134.32 vegetation, and erosion control; 134.33 (ii) determine the presence and concentration of hazardous 134.34 substances, pollutants or contaminants, and decomposition gases; 134.35 and 134.36 (iii) determine the boundaries of fill areas; 135.1 (2) monitor and take, or reimburse others for, 135.2 environmental response actions, including emergency response 135.3 actions, at qualified facilities; 135.4 (3) acquire and dispose of property under section 115B.412, 135.5 subdivision 3; 135.6 (4) recover costs under section 115B.39; 135.7 (5) administer, including providing staff and 135.8 administrative support for, sections 115B.39 to 115B.445; 135.9 (6) enforce sections 115B.39 to 115B.445; 135.10 (7) subject to appropriation, administer the agency's 135.11 groundwater and solid waste management programs; 135.12 (8) subject to appropriation, until June 30, 2007, pay for 135.13 private water supply well monitoring and health assessment costs 135.14 of the commissioner of health in areas affected by unpermitted 135.15 mixed municipal solid waste disposal facilities; 135.16 (9) reimburse persons under section 115B.43;and135.17(9)(10) reimburse mediation expenses up to a total of 135.18 $250,000 annually or defense costs up to a total of $250,000 135.19 annually for third-party claims for response costs under state 135.20 or federal law as provided in section 115B.414; and 135.21 (11) subject to appropriation, perform environmental 135.22 assessments and response action at unpermitted mixed municipal 135.23 solid waste disposal facilities. 135.24 Sec. 122. [115B.421] [CLOSED LANDFILL PERPETUAL CARE TRUST 135.25 FUND.] 135.26 (a) The closed landfill perpetual care trust fund is 135.27 established in the state treasury. The fund consists of money 135.28 credited to the fund, and interest and other earnings on money 135.29 in the fund. Money in the fund is annually appropriated to the 135.30 commissioner for the purposes and in the years provided in 135.31 subdivision 2. 135.32 (b) The commissioner of finance shall transfer an initial 135.33 amount of $5,100,000 from the balance in the solid waste fund 135.34 beginning in fiscal year 2000 and shall continue to transfer 135.35 $5,100,000 for each succeeding fiscal year, ceasing after fiscal 135.36 year 2003. The fund shall be managed by the state board of 136.1 investment to maximize long-term gain while maintaining 136.2 sufficient liquidity to meet anticipated environmental response 136.3 actions at facilities after the eligibility dates specified in 136.4 subdivision 2. 136.5 Subd. 2. [EXPENDITURES.] Money in the fund may be spent by 136.6 the commissioner as follows: 136.7 (1) in the case of qualified facilities defined in section 136.8 115B.39, subdivision 2, paragraph (1), clause (1), to: (i) 136.9 monitor and take environmental response actions, including 136.10 emergency response actions, at such facilities after fiscal year 136.11 2020; and (ii) acquire and dispose of property at such 136.12 facilities under section 115B.412, subdivision 3, after fiscal 136.13 year 2020; or 136.14 (2) in the case of qualified facilities defined in section 136.15 115B.39, subdivision 2, paragraph (1), clause (2), to: (i) 136.16 monitor and take environmental response actions, including 136.17 emergency response actions, at such facilities after fiscal year 136.18 2030; and (ii) acquire and dispose of property at such 136.19 facilities under section 115B.412, subdivision 3, after fiscal 136.20 year 2030. 136.21 Sec. 123. Minnesota Statutes 1998, section 115B.43, 136.22 subdivision 1, is amended to read: 136.23 Subdivision 1. [GENERALLY.] Environmental response costs 136.24 at qualified facilities defined in section 115B.39, subdivision 136.25 2, paragraph (l), clause (1), for which a notice of compliance 136.26 has been issued under section 115B.40, subdivision 7, are 136.27 reimbursable as provided in this section. 136.28 Sec. 124. Minnesota Statutes 1998, section 115B.442, is 136.29 amended by adding a subdivision to read: 136.30 Subd. 1a. [DEFINITION OF QUALIFIED FACILITIES.] For the 136.31 purposes of sections 115B.441 to 115B.445, "qualified facility" 136.32 means only those qualified facilities defined in section 136.33 115B.39, subdivision 2, paragraph (l), clause (1). 136.34 Sec. 125. Minnesota Statutes 1998, section 115B.445, is 136.35 amended to read: 136.36 115B.445 [DEPOSIT OF PROCEEDS.] 137.1 All amounts paid to the stateby an insurerpursuant to any 137.2 settlement under section 115B.443 or 115B.444, or pursuant to 137.3 any judgment under section 115B.444, must be deposited in the 137.4 state treasury and credited to the solid waste fund. Any amount 137.5 received by the state in settlement of natural resource damages 137.6 shall be transferred from the solid waste fund to the 137.7 environmental response, compensation, and compliance account in 137.8 accordance with section 115B.20, subdivision 1, paragraph (e). 137.9 Sec. 126. [115B.451] [DEFINITIONS.] 137.10 Subdivision 1. [SCOPE OF APPLICATION.] For purposes of 137.11 sections 115B.451 to 115B.455, the following terms have the 137.12 meanings given. 137.13 Subd. 2. [CLEANUP COSTS OR COSTS.] "Cleanup costs" or 137.14 "costs" means the costs of developing and implementing 137.15 construction work under a response action plan, but does not 137.16 include implementation costs incurred before the award of a 137.17 grant unless the application for the grant was submitted within 137.18 180 days after the response action plan was approved by the 137.19 commissioner. 137.20 Subd. 3. [COMMISSIONER.] "Commissioner" means the 137.21 commissioner of the pollution control agency. 137.22 Subd. 4. [MUNICIPALITY.] "Municipality" means the 137.23 statutory or home rule charter city, town, or, in the case of 137.24 unorganized territory, the county in which the qualified site is 137.25 located. 137.26 Subd. 5. [QUALIFIED MUNICIPAL DUMP SITE OR QUALIFIED 137.27 SITE.] "Qualified municipal dump site" or "qualified site" means 137.28 an unpermitted mixed municipal waste disposal facility, 137.29 including adjacent property used for solid waste disposal, that: 137.30 (1) stopped accepting mixed municipal solid waste by 137.31 January 1, 1973; 137.32 (2) is over 30 percent publicly owned on January 1, 1999; 137.33 and 137.34 (3) on January 1, 1999, was listed on the permanent list of 137.35 priorities under section 115B.17, subdivision 13; and 137.36 (4) is 100 percent owned by the municipality at the time of 138.1 grant application. 138.2 Subd. 6. [RESPONSE ACTION PLAN.] "Response action plan" 138.3 means a response action plan approved by the commissioner. 138.4 Sec. 127. [115B.452] [GRANT APPLICATION.] 138.5 Subdivision 1. [APPLICATION REQUIRED.] To obtain a 138.6 municipal dump cleanup grant, the municipality shall apply to 138.7 the commissioner. The governing body of the municipality must 138.8 approve, by resolution, the application. 138.9 Subd. 2. [REQUIRED CONTENT.] The commissioner shall 138.10 prescribe and provide the application form. The application 138.11 must include at least the following information: 138.12 (1) information that is currently available about types and 138.13 disposal-cessation dates of waste contained in the qualified 138.14 site; 138.15 (2) ownership and known fill boundaries of the qualified 138.16 site along with ownership and known fill boundaries of any 138.17 adjacent property used for solid waste disposal. 138.18 (3) an approved response action plan for the qualified site 138.19 or the portion of the qualified site that is covered by the 138.20 grant application, including the results of engineering and 138.21 other tests showing the nature and extent of the release or 138.22 threatened release of contaminants at the qualified site; 138.23 (4) a detailed estimate, along with necessary supporting 138.24 evidence, of the total cleanup costs for the qualified site or 138.25 the portion of the qualified site that is covered by the grant 138.26 application; 138.27 (5) an appraisal of the current market value of the 138.28 property, separately taking into account the effect of the 138.29 contaminants on the market value, prepared by a qualified 138.30 independent appraiser using accepted appraisal methodology; 138.31 (6) an assessment of the development potential or likely 138.32 use of the qualified site after completion of the response 138.33 action plan, including any specific commitments from third 138.34 parties to construct improvements on the qualified site; 138.35 (7) a description of other potentially available sources of 138.36 funding, including, but not limited to, identification of all 139.1 liability, excess, and umbrella insurance issued to the 139.2 municipality from the date the waste was first accepted at the 139.3 qualified site through January 1, 1986; and 139.4 (8) identification of any portions of the qualified site 139.5 that the municipality intends to exclude from the application, 139.6 with an explanation of response actions needed on the excluded 139.7 portion and how those actions will be conducted. 139.8 Sec. 128. [115B.453] [GRANTS.] 139.9 Subdivision 1. [AUTHORITY.] The commissioner may make a 139.10 grant to an applicant municipality to pay for up to 100 percent 139.11 of the cleanup costs for a qualified site. 139.12 Subd. 2. [PRIORITIES FOR DETERMINATION OF AWARD 139.13 AMOUNTS.] If the estimated costs of response action plans in 139.14 applications for grants for qualified sites exceed the estimate 139.15 of available appropriations over the life of the program, the 139.16 commissioner shall prioritize the amount of grants based on the 139.17 following factors: 139.18 (1) the potential threat to public health and the 139.19 environment that would be reduced or eliminated by completion of 139.20 each of the response action plans including, but not limited to, 139.21 the projected extent to which cleanup costs paid by grant awards 139.22 would bring about a reduction in a qualified site's hazard 139.23 ranking system score; 139.24 (2) the benefit to the state to be gained in comparison to 139.25 the cleanup costs that are estimated in the application. 139.26 (3) the lack of availability under other state or federal 139.27 cleanup programs; 139.28 (4) the lack of development potential for the qualified 139.29 site; and 139.30 (5) the extent to which the municipality or other parties 139.31 would commit to paying a portion of the cleanup costs. 139.32 The factors are not listed in a rank order of priority; 139.33 rather the commissioner may weigh each factor, depending upon 139.34 the facts and circumstances, as the commissioner considers 139.35 appropriate. 139.36 Subd. 3. [REPORTING TO LEGISLATURE.] By November 1 of each 140.1 even-numbered year, the commissioner shall report to the 140.2 legislative committees and divisions with jurisdiction over 140.3 environmental policy and finance on the status of the cleanup 140.4 projects undertaken with grants made under this section. The 140.5 commissioner shall include in the report information on the 140.6 cleanup activities undertaken for the grants made in that and 140.7 previous fiscal years. 140.8 Sec. 129. [115B.454] [COST RECOVERY ACTIONS.] 140.9 Subdivision 1. [CAUSE OF ACTION.] A municipality that 140.10 incurs cleanup costs to implement an approved response action 140.11 plan pursuant to sections 115B.451 to 115B.455, may bring an 140.12 action under section 115B.04 or other law to recover the 140.13 reasonable and necessary cleanup costs incurred by the 140.14 municipality. The municipality may recover all cleanup costs 140.15 incurred whether paid from the proceeds of a grant under 140.16 sections 115B.451 to 115B.455 or funds of the municipality. 140.17 Recoverable costs include administrative and legal costs related 140.18 to the development and implementation of the response action 140.19 plan but do not include any costs associated with development or 140.20 redevelopment of property. A municipality must have the consent 140.21 of the attorney general to bring or settle an action under this 140.22 subdivision to recover cleanup costs paid from the proceeds of a 140.23 grant. 140.24 Subd. 2. [PROCEDURES.] The commissioner shall notify the 140.25 attorney general when a grant is awarded under sections 115B.451 140.26 to 115B.455. Certification by the municipality of the cleanup 140.27 costs incurred to develop and implement the approved response 140.28 action plan is prima facie evidence that the costs are 140.29 reasonable and necessary in any action brought under this 140.30 section. 140.31 Subd. 3. [ATTORNEY GENERAL ASSISTANCE AND COSTS.] (a) The 140.32 attorney general may assist a municipality, if requested to do 140.33 so, in bringing an action under subdivision 1 by providing legal 140.34 and technical advice or other appropriate assistance. The 140.35 attorney general shall not assess any fee to the municipality 140.36 for the assistance but may recover the cost of the assistance as 141.1 provided in paragraph (b). 141.2 (b) If the attorney general assists in an action brought 141.3 under subdivision 1, the reasonable litigation expenses or other 141.4 costs of legal or technical assistance incurred by the attorney 141.5 general must be deducted from any recovery and paid to the 141.6 attorney general before proceeds of the recovery are otherwise 141.7 distributed. The attorney general shall deposit any money so 141.8 deducted in the general fund. 141.9 Subd. 4. [DISPOSITION OF RECOVERED AMOUNTS.] Amounts 141.10 recovered from responsible persons, after any deduction for 141.11 costs of recovery, including costs under subdivision 3, and all 141.12 other amounts otherwise received by the municipality, the 141.13 agency, or the attorney general for the qualified site shall be 141.14 used to reimburse the municipality and the solid waste fund in 141.15 proportion to their respective payments for response costs. 141.16 Sec. 130. [115B.455] [EFFECT OF ISSUANCE OF GRANTS.] 141.17 The issuance of a municipal dump cleanup grant under 141.18 sections 115B.451 to 115B.455 has no effect on the 141.19 responsibility or the liability of the state, under this chapter 141.20 or any other law, in relation to the contamination at a site or 141.21 sites for which the grant is issued. The issuance of a grant 141.22 neither implies any state responsibility for the contamination 141.23 nor imposes any obligation on the state to participate in the 141.24 cleanup of the contamination or in the cleanup costs beyond the 141.25 amount of the grant. 141.26 Sec. 131. Minnesota Statutes 1998, section 115B.48, 141.27 subdivision 8, is amended to read: 141.28 Subd. 8. [FULL-TIME EQUIVALENCE.] "Full-time equivalence" 141.29 means 2,000 hours worked by employees, owners, and others in a 141.30 drycleaning facility during a 12-month period beginning July 1 141.31 of the preceding year and running through June 30 of the year in 141.32 which the annual registration fee is due. An owner shall not be 141.33 counted as more than one full-time equivalent, regardless of how 141.34 many hours the owner works at a facility during a 12-month 141.35 period. For those drycleaning facilities that were in business 141.36 less than the 12-month period, full-time equivalence means the 142.1 total of all of the hours worked in the drycleaning facility, 142.2 divided by 2,000 and multiplied by a fraction, the numerator of 142.3 which is 50 and the denominator of which is the number of weeks 142.4 in business during the reporting period. 142.5 Sec. 132. Minnesota Statutes 1998, section 116.072, 142.6 subdivision 1, is amended to read: 142.7 Subdivision 1. [AUTHORITY TO ISSUE PENALTY ORDERS.] (a) 142.8 The commissioner may issue an order requiring violations to be 142.9 corrected and administratively assessing monetary penalties for 142.10 violations of this chapter and chapters 114C, 115, 115A, 115D, 142.11 and 115E, any rules adopted under those chapters, and any 142.12 standards, limitations, or conditions established in an agency 142.13 permit; and for failure to respond to a request for information 142.14 under section 115B.17, subdivision 3. The order must be issued 142.15 as provided in this section. 142.16 (b) A county board may adopt an ordinance containing 142.17 procedures for the issuance of administrative penalty orders and 142.18 may issue orders beginning August 1, 1996. Before adopting 142.19 ordinances, counties shall work cooperatively with the agency to 142.20 develop an implementation plan for the orders that substantially 142.21 conforms to a model ordinance developed by the counties and the 142.22 agency. After adopting the ordinance, the county board may 142.23 issue orders requiring violations to be corrected and 142.24 administratively assessing monetary penalties for violations of 142.25 county ordinances adopted under section400.16,400.161,or142.26 473.811 or chapter 115A that regulatesolid andhazardous waste 142.27 and any standards, limitations, or conditions established in a 142.28 county license issued pursuant to these ordinances. For 142.29 violations of ordinances relating to hazardous waste, a county's 142.30 penalty authority is described in subdivisions 2 to 5. For 142.31 violations of ordinances relating to solid waste, a county's 142.32 penalty authority is described in subdivision 5a. Subdivisions 142.33 6 to 11 apply to violations of ordinances relating to both solid 142.34 and hazardous waste. 142.35 (c) Monetary penalties collected by a county must be used 142.36 to manage solid and hazardous waste. A county board's authority 143.1 is limited to violations described in paragraph (b), except that 143.2 the Western Lake Superior Sanitary District, as organized 143.3 pursuant to chapter 458D, may also issue orders and assess 143.4 penalties for violations of ordinances adopted under section 143.5 400.16, or chapter 115A, that regulate solid waste and any 143.6 standards, limitations, or conditions established in a sanitary 143.7 district license issued pursuant to the ordinances. Its 143.8 authority to issue orders under this section expires August 143.9 1,19992003. 143.10 Sec. 133. Minnesota Statutes 1998, section 116.073, 143.11 subdivision 1, is amended to read: 143.12 Subdivision 1. [AUTHORITY TO ISSUE.] Pollution control 143.13 agency staff designated by the commissioner and department of 143.14 natural resources conservation officers may issue citations to a 143.15 person who: 143.16 (1) disposes of solid waste as defined in section 116.06, 143.17 subdivision 22, at a location not authorized by law for the 143.18 disposal of solid waste without permission of the owner of the 143.19 property; 143.20 (2) fails to report or recover oil or hazardous substance 143.21 discharges as required under section 115.061; or 143.22 (3) fails to take discharge preventive or preparedness 143.23 measures required under chapter 115E. In addition, pollution 143.24 control agency staff designated by the commissioner may issue 143.25 citations to owners and operators of facilities dispensing 143.26 petroleum products who violate sections 116.46 to 116.50 and 143.27 Minnesota Rules,chapterchapters 7150 and 7151, and Minnesota 143.28 Rules, parts 7001.4200 to 7001.4300. The citations for 143.29 violation of sections 116.46 to 116.50 and Minnesota Rules, 143.30 chapter 7150, may be issued only after the owners and operators 143.31 have had a 90-day period to correct all the violations stated in 143.32 a letter issued previously by pollution control agency staff. A 143.33 citation issued under this subdivision must include a 143.34 requirement that the person cited remove and properly dispose of 143.35 or otherwise manage the waste or discharged oil or hazardous 143.36 substance, reimburse any government agency that has disposed of 144.1 the waste or discharged oil or hazardous substance and 144.2 contaminated debris for the reasonable costs of disposal, or 144.3 correct any underground storage tank violations. 144.4 Sec. 134. Minnesota Statutes 1998, section 116.073, 144.5 subdivision 2, is amended to read: 144.6 Subd. 2. [PENALTY AMOUNT.] The citation must impose the 144.7 following penalty amounts: 144.8 (1) $100 per major appliance, as defined in section 144.9 115A.03, subdivision 17a, up to a maximum of $2,000; 144.10 (2) $25 per waste tire, as defined in section 115A.90, 144.11 subdivision 11, up to a maximum of $2,000; 144.12 (3) $25 per lead acid battery governed by section 115A.915, 144.13 up to a maximum of $2,000; 144.14 (4) $1 per pound of other solid waste or $20 per cubic foot 144.15 up to a maximum of $2,000; 144.16 (5) up to $200 for any amount of waste that escapes from a 144.17 vehicle used for the transportation of solid waste if, after 144.18 receiving actual notice that waste has escaped the vehicle, the 144.19 person or company transporting the waste fails to immediately 144.20 collect the waste; 144.21 (6) $50 per violation of rules adopted under section 144.22 116.49, relating to underground storage tank system design, 144.23 construction, installation, and notification requirements, up to 144.24 a maximum of $2,000; 144.25 (7) $250 per violation of rules adopted under section 144.26 116.49, relating to upgrading of existing underground storage 144.27 tank systems, up to a maximum of $2,000; 144.28 (8) $100 per violation of rules adopted under section 144.29 116.49, relating to underground storage tank system general 144.30 operating requirements, up to a maximum of $2,000; 144.31 (9) $250 per violation of rules adopted under section 144.32 116.49, relating to underground storage tank system release 144.33 detection requirements, up to a maximum of $2,000; 144.34 (10) $50 per violation of rules adopted under section 144.35 116.49, relating to out-of-service underground storage tank 144.36 systems and closure, up to a maximum of $2,000;and145.1 (11) $50 per violation of sections 116.48 to 116.491 145.2 relating to underground storage tank system notification, 145.3 monitoring, environmental protection, and tank installers 145.4 training and certification requirements, up to a maximum of 145.5 $2,000; 145.6 (12) $25 per gallon of oil or hazardous substance 145.7 discharged which is not reported or recovered under section 145.8 115.061, up to a maximum of $2,000; 145.9 (13) $1 per gallon of oil or hazardous substance being 145.10 stored, transported, or otherwise handled without the prevention 145.11 or preparedness measures required under chapter 115E, up to a 145.12 maximum of $2,000; and 145.13 (14) $250 per violation of Minnesota Rules, parts 7001.4200 145.14 to 7001.4300, or Minnesota Rules, chapter 7151, related to 145.15 aboveground storage tank systems, up to a maximum of $2,000. 145.16 Sec. 135. [116.656] [PROHIBITION ON FEE INCREASE TO 145.17 REPLACE MOTOR VEHICLE INSPECTION FEES.] 145.18 The commissioner must not impose any additional, nor 145.19 collect any increase in, fees from stationary sources, 145.20 stationary emission facilities, or stationary emissions units to 145.21 offset or recover any reduction in the aggregate amount of fees 145.22 collected under the motor vehicle inspection program before 145.23 fiscal year 2001. 145.24 Sec. 136. [116.915] [MERCURY REDUCTION.] 145.25 Subdivision 1. [GOAL.] It is the goal of the state to 145.26 reduce mercury contamination by reducing the release of mercury 145.27 into the air and water of the state by 60 percent from 1990 145.28 levels by December 31, 2000, and by 70 percent from 1990 levels 145.29 by December 31, 2005. The goal applies to the statewide total 145.30 of releases from existing and new sources of mercury. The 145.31 commissioner shall publish updated estimates of 1990 releases in 145.32 the State Register. 145.33 Subd. 2. [REDUCTION STRATEGIES.] The commissioner shall 145.34 implement the strategies recommended by the mercury 145.35 contamination reduction initiative advisory council and 145.36 identified on pages 31 to 42 of the Minnesota pollution control 146.1 agency's report entitled "Report on the Mercury Contamination 146.2 Reduction Initiative Advisory Council's Results and 146.3 Recommendations" as transmitted to the legislature by the 146.4 commissioner's letter dated March 15, 1999. The commissioner 146.5 shall solicit, by July 1, 1999, voluntary reduction agreements 146.6 from sources that emit more than 50 pounds of mercury per year. 146.7 Subd. 3. [PROGRESS REPORTS.] The commissioner, in 146.8 cooperation with the director of the office of environmental 146.9 assistance, shall submit progress reports to the legislature on 146.10 October 15, 2001, and October 15, 2005. The reports shall 146.11 address the state's success in meeting the mercury release 146.12 reduction goals of subdivision 1, and discuss whether different 146.13 voluntary or mandatory reduction strategies are needed. The 146.14 reports shall also discuss whether the reduction goals are still 146.15 appropriate given the most recent information regarding mercury 146.16 risks. 146.17 Sec. 137. Minnesota Statutes 1998, section 116O.09, 146.18 subdivision 5, is amended to read: 146.19 Subd. 5. [ADVISORY BOARD.] A26-member27-member advisory 146.20 board may be established to identify priorities for the 146.21 agricultural utilization research institute. Members of the 146.22 advisory board are appointed by the board. The advisory board 146.23 consists of: the chair of the Minnesota house of 146.24 representatives agricultural committee; the chair of the 146.25 Minnesota senate agricultural committee; a representative from 146.26 each of the ten largest agricultural-related businesses in the 146.27 state as determined by the corporation; a member from each of 146.28 the appropriate trade organizations representing producers 146.29 of organic products, beef cattle, dairy, corn, soybeans, pork, 146.30 wheat, turkey, barley, wild rice, edible beans, eggs, and 146.31 potatoes; a member of the Farmers's Union; and a member of the 146.32 Farm Bureau. Terms and removal of members must be set by the 146.33 board and members of the advisory board serve without 146.34 compensation but shall receive their necessary and actual 146.35 expenses. 146.36 The advisory board shall annually provide a list of 147.1 priorities and suggested research and marketing studies that 147.2 should be performed by the agricultural utilization research 147.3 institute. 147.4 Sec. 138. Minnesota Statutes 1998, section 169.121, 147.5 subdivision 3, is amended to read: 147.6 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this section: 147.7 (1) "Prior impaired driving conviction" means a prior 147.8 conviction under: 147.9 (i) this section; Minnesota Statutes 1996, section 84.91, 147.10 subdivision 1, paragraph (a), or 86B.331, subdivision 1, 147.11 paragraph (a); section 169.1211; section 169.129; or section 147.12 360.0752; 147.13 (ii) section 609.21, subdivision 1, clauses (2) to (6); 147.14 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 147.15 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 147.16 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 147.17 (iii) an ordinance from this state, or a statute or 147.18 ordinance from another state, in conformity with any provision 147.19 listed in item (i) or (ii). 147.20 A prior impaired driving conviction also includes a prior 147.21 juvenile adjudication that would have been a prior impaired 147.22 driving conviction if committed by an adult. 147.23 (2) "Prior license revocation" means a driver's license 147.24 suspension, revocation, cancellation, denial, or 147.25 disqualification under: 147.26 (i) this section or section 169.1211, 169.123, 171.04, 147.27 171.14, 171.16, 171.165, 171.17, or 171.18 because of an 147.28 alcohol-related incident; 147.29 (ii) section 609.21, subdivision 1, clauses (2) to (6); 147.30 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 147.31 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 147.32 clauses (2) to (6); or subdivision 4, clauses (2) to (6); or 147.33 (iii) an ordinance from this state, or a statute or 147.34 ordinance from another state, in conformity with any provision 147.35 listed in item (i) or (ii). 147.36 "Prior license revocation" also means the revocation of 148.1 snowmobile or all-terrain vehicle operating privileges under 148.2 section 84.911, or motorboat operating privileges under section 148.3 86B.335, for violations that occurred on or after August 1,1995148.4 1994; the revocation of snowmobile or all-terrain vehicle 148.5 operating privileges under section 84.91; or the revocation of 148.6 motorboat operating privileges under section 86B.331. 148.7 (b) A person who violates subdivision 1, clause (a), (b), 148.8 (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 148.9 in conformity with any of them, is guilty of a misdemeanor. 148.10 (c) A person is guilty of a gross misdemeanor under any of 148.11 the following circumstances: 148.12 (1) the person violates subdivision 1, clause (f); 148.13 (2) the person violates subdivision 1, clause (a), (b), 148.14 (c), (d), (e), (g), or (h), or subdivision 1a, within five years 148.15 of a prior impaired driving conviction or a prior license 148.16 revocation; 148.17 (3) the person violates section 169.26 while in violation 148.18 of subdivision 1; or 148.19 (4) the person violates subdivision 1 or 1a while a child 148.20 under the age of 16 is in the vehicle, if the child is more than 148.21 36 months younger than the violator. 148.22 A person convicted of a gross misdemeanor under this 148.23 paragraph is subject to the mandatory penalties provided in 148.24 subdivision 3d. 148.25 (d) A person is guilty of an enhanced gross misdemeanor 148.26 under any of the following circumstances: 148.27 (1) the person violates subdivision 1, clause (f), or 148.28 commits a violation described in paragraph (c), clause (3) or 148.29 (4), within ten years of one or more prior impaired driving 148.30 convictions or prior license revocations; 148.31 (2) the person violates subdivision 1, clause (a), (b), 148.32 (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 148.33 of the first of two or more prior impaired driving convictions, 148.34 two or more prior license revocations, or any combination of two 148.35 or more prior impaired driving convictions and prior license 148.36 revocations, based on separate incidents. 149.1 A person convicted of an enhanced gross misdemeanor under 149.2 this paragraph may be sentenced to imprisonment in a local 149.3 correctional facility for not more than two years or to payment 149.4 of a fine of not more than $3,000, or both. Additionally, the 149.5 person is subject to the applicable mandatory penalties provided 149.6 in subdivision 3e. 149.7 (e) The court shall notify a person convicted of violating 149.8 subdivision 1 or 1a that the registration plates of the person's 149.9 motor vehicle may be impounded under section 168.042 and the 149.10 vehicle may be subject to forfeiture under section 169.1217 upon 149.11 a subsequent conviction for violating this section, section 149.12 169.129, or section 171.24, or a subsequent license revocation 149.13 under section 169.123. The notice must describe the conduct and 149.14 the time periods within which the conduct must occur in order to 149.15 result in plate impoundment or forfeiture. The failure of the 149.16 court to provide this information does not affect the 149.17 applicability of the plate impoundment or the forfeiture 149.18 provision to that person. 149.19 (f) The attorney in the jurisdiction in which the violation 149.20 occurred who is responsible for prosecution of misdemeanor 149.21 violations of this section shall also be responsible for 149.22 prosecution of gross misdemeanor and enhanced gross misdemeanor 149.23 violations of this section. 149.24 (g) The court must impose consecutive sentences when it 149.25 sentences a person for a violation of this section or section 149.26 169.129 arising out of separate behavioral incidents. The court 149.27 also must impose a consecutive sentence when it sentences a 149.28 person for a violation of this section or section 169.129 and 149.29 the person, at the time of sentencing, is on probation for, or 149.30 serving, an executed sentence for a violation of this section or 149.31 section 169.129 and the prior sentence involved a separate 149.32 behavioral incident. The court also may order that the sentence 149.33 imposed for a violation of this section or section 169.129 shall 149.34 run consecutively to a previously imposed misdemeanor, gross 149.35 misdemeanor, or felony sentence for a violation other than this 149.36 section or section 169.129. 150.1 (h) When the court stays the sentence of a person convicted 150.2 under this section, the length of the stay is governed by 150.3 section 609.135, subdivision 2. 150.4 (i) The court may impose consecutive sentences for offenses 150.5 arising out of a single course of conduct as permitted in 150.6 section 609.035, subdivision 2. 150.7 (j) When an attorney responsible for prosecuting gross 150.8 misdemeanors or enhanced gross misdemeanors under this section 150.9 requests criminal history information relating to prior impaired 150.10 driving convictions from a court, the court must furnish the 150.11 information without charge. 150.12 (k) A violation of subdivision 1a may be prosecuted either 150.13 in the jurisdiction where the arresting officer observed the 150.14 defendant driving, operating, or in control of the motor vehicle 150.15 or in the jurisdiction where the refusal occurred. 150.16 Sec. 139. Minnesota Statutes 1998, section 169.1217, 150.17 subdivision 7a, is amended to read: 150.18 Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 150.19 motor vehicle used to commit a designated offense or used in 150.20 conduct resulting in a designated license revocation is subject 150.21 to administrative forfeiture under this subdivision. 150.22 (b) When a motor vehicle is seized under subdivision 2, the 150.23 appropriate agency shall serve the driver or operator of the 150.24 vehicle with a notice of the seizure and intent to forfeit the 150.25 vehicle. Additionally, when a motor vehicle is seized under 150.26 subdivision 2, or within a reasonable time after that, all 150.27 persons known to have an ownership or possessory interest in the 150.28 vehicle must be notified of the seizure and the intent to 150.29 forfeit the vehicle. Notice mailed by certified mail to the 150.30 address shown in department of public safety records is 150.31 sufficient notice to the registered owner of the vehicle. 150.32 Otherwise, notice may be given in the manner provided by law for 150.33 service of a summons in a civil action. 150.34 (c) The notice must be in writing and contain: 150.35 (1) a description of the vehicle seized; 150.36 (2) the date of seizure; and 151.1 (3) notice of the right to obtain judicial review of the 151.2 forfeiture and of the procedure for obtaining that judicial 151.3 review, printed in English, Hmong, and Spanish. Substantially 151.4 the following language must appear conspicuously: "IF YOU DO 151.5 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 151.6 STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 151.7 TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 151.8 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 151.9 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 151.10 UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE 151.11 IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM 151.12 IN CONCILIATION COURT." 151.13 (d) Within 30 days following service of a notice of seizure 151.14 and forfeiture under this subdivision, a claimant may file a 151.15 demand for a judicial determination of the forfeiture. The 151.16 demand must be in the form of a civil complaint and must be 151.17 filed with the court administrator in the county in which the 151.18 seizure occurred, together with proof of service of a copy of 151.19 the complaint on the prosecuting authority having jurisdiction 151.20 over the forfeiture, and the standard filing fee for civil 151.21 actions unless the petitioner has the right to sue in forma 151.22 pauperis under section 563.01. If the value of the seized 151.23 property is less than $500, the claimant may file an action in 151.24 conciliation court for recovery of the seized vehicle without 151.25 paying the conciliation court filing fee. No responsive 151.26 pleading is required of the prosecuting authority and no court 151.27 fees may be charged for the prosecuting authority's appearance 151.28 in the matter. Except as provided in this section, judicial 151.29 reviews and hearings are governed by section 169.123, 151.30 subdivisions 5c and 6, and shall take place at the same time as 151.31 any judicial review of the person's license revocation under 151.32 section 169.123. The proceedings may be combined with any 151.33 hearing on a petition filed under section 169.123, subdivision 151.34 5c, and are governed by the rules of civil procedure. 151.35 (e) The complaint must be captioned in the name of the 151.36 claimant as plaintiff and the seized vehicle as defendant, and 152.1 must state with specificity the grounds on which the claimant 152.2 alleges the vehicle was improperly seized and the plaintiff's 152.3 interest in the vehicle seized. Notwithstanding any law to the 152.4 contrary, an action for the return of a vehicle seized under 152.5 this section may not be maintained by or on behalf of any person 152.6 who has been served with a notice of seizure and forfeiture 152.7 unless the person has complied with this subdivision. 152.8 (f) If the claimant makes a timely demand for a judicial 152.9 determination under this subdivision, the appropriate agency 152.10 must conduct the forfeiture under subdivision 8. 152.11 (g) If a demand for judicial determination of an 152.12 administrative forfeiture is filed under this subdivision and 152.13 the court orders the return of the seized vehicle, the court 152.14 shall order that filing fees be reimbursed to the person who 152.15 filed the demand. In addition, the court may order the payment 152.16 of reasonable costs, expenses, and attorney fees under 152.17 section549.21, subdivision 2549.211. 152.18 Sec. 140. Minnesota Statutes 1998, section 169.1217, 152.19 subdivision 9, is amended to read: 152.20 Subd. 9. [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 152.21 vehicle is administratively forfeited under subdivision 7a, or 152.22 if the court finds under subdivision 8 that the vehicle is 152.23 subject to forfeiture under subdivisions 6 and 7, the 152.24 appropriate agency shall: 152.25 (1) sell the vehicle and distribute the proceeds under 152.26 paragraph (b); or 152.27 (2) keep the vehicle for official use. If the agency keeps 152.28 a forfeited motor vehicle for official use, it shall make 152.29 reasonable efforts to ensure that the motor vehicle is available 152.30 for use by the agency's officers who participate in the drug 152.31 abuse resistance education program. 152.32 (b) The proceeds from the sale of forfeited vehicles, after 152.33 payment of seizure, storage, forfeiture, and sale expenses, and 152.34 satisfaction of valid liens against the property, must be 152.35 forwarded to the treasury of the political subdivision that 152.36 employs the appropriate agency responsible for the forfeiture 153.1 for use in DWI-related enforcement, training and education. If 153.2 the appropriate agency is an agency of state government, the net 153.3 proceeds must be forwarded to the state treasury and credited to 153.4 thegeneral fund.153.5(c) The proceeds from the sale of forfeited off-road153.6recreational vehicles and motorboats, after payment of seizure,153.7storage, forfeiture, and sale expenses, and satisfaction of153.8valid liens against the property, must be forwarded to the state153.9treasury and credited to thefollowing funds: 153.10 (1) if the forfeited vehicle is a motorboat, the net 153.11 proceeds must be credited to the water recreation account in the 153.12 natural resources fund; 153.13 (2) if the forfeited vehicle is a snowmobile, the net 153.14 proceeds must be credited to the snowmobile trails and 153.15 enforcement account in the natural resources fund; 153.16 (3) if the forfeited vehicle is an all-terrain vehicle, the 153.17 net proceeds must be credited to the all-terrain vehicle account 153.18 in the natural resources fund; 153.19 (4) if the forfeited vehicle is an off-highway motorcycle, 153.20 the net proceeds must be credited to the off-highway motorcycle 153.21 account in the natural resources fund; 153.22 (5) if the forfeited vehicle is an off-road vehicle, the 153.23 net proceeds must be credited to the off-road vehicle account in 153.24 the natural resources fund; and 153.25 (6) if otherwise, the net proceeds must be credited to the 153.26 general fund. 153.27 Sec. 141. Minnesota Statutes 1998, section 169.123, 153.28 subdivision 1, is amended to read: 153.29 Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of 153.30 this section, section 169.121, and section 169.1211, the term 153.31 peace officer means (1) a state patrol officer, (2) University 153.32 of Minnesota peace officer, (3) a constable as defined in 153.33 section 367.40, subdivision 3, (4) police officer of any 153.34 municipality, including towns having powers under section 153.35 368.01, or county, and (5) for purposes of violations of those 153.36 sections in or on an off-road recreational vehicle or motorboat, 154.1 or for violations of section 97B.065 or 97B.066, a state 154.2 conservation officer. 154.3 Sec. 142. Minnesota Statutes 1998, section 171.07, 154.4 subdivision 12, is amended to read: 154.5 Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 154.6 department shall maintain in its records information transmitted 154.7 electronically from the commissioner of natural resources 154.8 identifying each person to whom the commissioner has issued a 154.9 snowmobile safety certificate. The records transmitted from the 154.10 department of natural resources must contain the full name and 154.11 date of birth as required for the driver's license or 154.12 identification card. Records that are not matched to a driver's 154.13 license or identification card record may be deleted after seven 154.14 years. 154.15 (b) After receiving information under paragraph (a) that a 154.16 person has received a snowmobile safety certificate, the 154.17 department shall include, on all drivers' licenses or Minnesota 154.18 identification cards subsequently issued to the person, a 154.19 graphic or written indication that the person has received the 154.20 certificate. 154.21 (c) If a person who has received a snowmobile safety 154.22 certificate applies for a driver's license or Minnesota 154.23 identification card before that information has been transmitted 154.24 to the department, the department may accept a copy of the 154.25 certificate as proof of its issuance and shall then follow the 154.26 procedures in paragraph (b). 154.27 Sec. 143. Minnesota Statutes 1998, section 171.07, 154.28 subdivision 13, is amended to read: 154.29 Subd. 13. [FIREARMS SAFETY DESIGNATION.] (a) When an 154.30 applicant has a record transmitted to the department as 154.31 described in paragraph (c) or presents a firearms safety 154.32 certificate issued for successfully completing a firearms safety 154.33 course administered under section 97B.015,voluntarilyand 154.34 requests a driver's license or identification card described in 154.35 paragraph (b),pays the required fees, and otherwise qualifies,154.36 the department shall issue, renew, or reissue to the applicant a 155.1 driver's license or Minnesota identification card described in 155.2 paragraph (b). 155.3 (b) Pursuant to paragraph (a), the department shall issue a 155.4 driver's license or Minnesota identification card bearing a 155.5designation or symbolic representation, as designed by the155.6commissioner in consultation with the commissioner of natural155.7resources, indicatinggraphic or written indication that the 155.8 applicant has successfully completed a firearms safety 155.9 courseand is knowledgeable in firearms safetyadministered 155.10 under section 97B.015. 155.11 (c) The department shall maintain in its records 155.12 information transmitted electronically from the commissioner of 155.13 natural resources identifying each person to whom the 155.14 commissioner has issued a firearms safety certificate. The 155.15 records transmitted from the department of natural resources 155.16 must contain the full name and date of birth as required for the 155.17 driver's license or identification card. Records that are not 155.18 matched to a driver's license or identification card record may 155.19 be deleted after seven years. 155.20 Sec. 144. Minnesota Statutes 1998, section 216C.41, 155.21 subdivision 2, is amended to read: 155.22 Subd. 2. [INCENTIVE PAYMENT.] Incentive payments shall be 155.23 made according to this section to the owner or operator of a 155.24 qualified hydropower facility or qualified wind energy 155.25 conversion facility for electric energy generated and sold by 155.26 the facility or, for a hydropower facility, generated by the 155.27 facility and used by the owner of the facility outside the 155.28 facility. Payment may only be made upon receipt by the 155.29 commissioner of finance of an incentive payment application that 155.30 establishes that the applicant is eligible to receive an 155.31 incentive payment and that satisfies other requirements the 155.32 commissioner deems necessary. The application shall be in a 155.33 form and submitted at a time the commissioner establishes. 155.34 There is annually appropriated from the general fund sums 155.35 sufficient to make the payments required under this section. 155.36 Sec. 145. Minnesota Statutes 1998, section 223.17, 156.1 subdivision 3, is amended to read: 156.2 Subd. 3. [GRAIN BUYERS AND STORAGEFUNDACCOUNT; FEES.] 156.3 The commissioner shall set the fees for inspections under 156.4 sections 223.15 to 223.22 at levels necessary to pay the 156.5 expenses of administering and enforcing sections 223.15 to 156.6 223.22. These fees may be adjusted pursuant to the provisions 156.7 of section 16A.1285. 156.8 The fee for any license issued or renewed after June 30, 156.9 1997, shall be set according to the following schedule: 156.10 (a) $100 plus $50 for each additional location for grain 156.11 buyers whose gross annual purchases are less than $100,000; 156.12 (b) $200 plus $50 for each additional location for grain 156.13 buyers whose gross annual purchases are at least $100,000, but 156.14 not more than $750,000; 156.15 (c) $300 plus $100 for each additional location for grain 156.16 buyers whose gross annual purchases are more than $750,000 but 156.17 not more than $1,500,000; 156.18 (d) $400 plus $100 for each additional location for grain 156.19 buyers whose gross annual purchases are more than $1,500,000 but 156.20 not more than $3,000,000; and 156.21 (e) $500 plus $100 for each additional location for grain 156.22 buyers whose gross annual purchases are more than $3,000,000. 156.23 There is createdinthestate treasury thegrain buyers and 156.24 storage account in the agricultural fund. Money collected 156.25 pursuant to sections 223.15 to 223.19 shall be paid into the 156.26 state treasury and credited to the grain buyers and storagefund156.27 account and is appropriated to the commissioner for the 156.28 administration and enforcement of sections 223.15 to 223.22. 156.29 Sec. 146. Minnesota Statutes 1998, section 231.16, is 156.30 amended to read: 156.31 231.16 [WAREHOUSE OPERATOR TO OBTAIN LICENSE.] 156.32 Every person desiring to engage in the business of 156.33 warehouse operator, before engaging therein, shall be licensed 156.34 annually by, and shall be under the supervision and subject to 156.35 the inspection of, the department. Written application in the 156.36 form prescribed by the department shall be made to the 157.1 department for license, specifying the city in which it is 157.2 proposed to carry on the business of warehousing, the location, 157.3 size, character, and equipment of the buildings or premises to 157.4 be used by the warehouse operator, the kind of goods, wares, and 157.5 merchandise intended to be stored therein, the name of the 157.6 person or corporation operating the same, and of each member of 157.7 the firm or officer of the corporation, and any other facts 157.8 necessary to satisfy the department that the property proposed 157.9 to be used is suitable for warehouse purposes and that the 157.10 warehouse operator making the application is qualified to carry 157.11 on the business of warehousing. Should the department decide 157.12 that the building or other property proposed to be used as a 157.13 warehouse is suitable for the proposed purpose and that the 157.14 applicants are entitled to a license, notice of the decision 157.15 shall be given the interested parties and, upon the applicants 157.16 filing with the department the necessary bond, as provided for 157.17 in this chapter, the department shall issue the license provided 157.18 for, upon payment of the license fee, as in this section 157.19 provided. A warehouse operator to whom a license is issued 157.20 shall pay for the license a fee based on the storage capacity of 157.21 the warehouse as follows: 157.22 Storage capacity in square feet 157.23 (1) 5,000 or less $ 80 157.24 (2) 5,001 to 10,000 $155 157.25 (3) 10,001 to 20,000 $250 157.26 (4) 20,001 to 100,000 $315 157.27 (5) 100,001 to 200,000 $410 157.28 (6) over 200,000 $470 157.29 Fees collected under this chapter shall be paid into the 157.30 grain buyers and storagefundaccount established in section 157.31 232.22. 157.32 The license shall be renewed annually on or before July 1, 157.33 and always upon payment of the full license fee, as provided for 157.34 in this section for such renewal; and no license shall be issued 157.35 for any portion of a year for less than the full amount of the 157.36 license fee, as provided for in this section. Each license 158.1 obtained under this chapter shall be publicly displayed in the 158.2 main office of the place of business of the warehouse operator 158.3 to whom it is issued. The license shall authorize the warehouse 158.4 operator to carry on the business of warehousing only in the one 158.5 city or town named in the application and in the buildings 158.6 therein described. The department, without requiring an 158.7 additional bond and license, may issue permits from time to time 158.8 to any warehouse operator already duly licensed under the 158.9 provisions of this chapter to operate an additional warehouse in 158.10 the same city or town for which the original license was issued 158.11 during the term thereof, upon the filing an application for a 158.12 permit in the form prescribed by the department. 158.13 License may be refused for good cause shown and revoked by 158.14 the department for violation of law or of any rule by it 158.15 prescribed, upon notice and after hearing. 158.16 Sec. 147. Minnesota Statutes 1998, section 232.22, 158.17 subdivision 3, is amended to read: 158.18 Subd. 3. [FEES; GRAIN BUYERS AND STORAGEFUNDACCOUNT.] 158.19 There is created in thestate treasuryagricultural fund an 158.20 account known as the grain buyers and storagefundaccount. The 158.21 commissioner shall set the fees for inspections, certifications 158.22 and licenses under sections 232.20 to 232.25 at levels necessary 158.23 to pay the costs of administering and enforcing sections 232.20 158.24 to 232.25. All money collected pursuant to sections 232.20 to 158.25 232.25 and chapters 233 and 236 shall be paid by the 158.26 commissioner into the state treasury and credited to the grain 158.27 buyers and storagefundaccount and is appropriated to the 158.28 commissioner for the administration and enforcement of sections 158.29 232.20 to 232.25 and chapters 233 and 236. All money collected 158.30 pursuant to chapter 231 shall be paid by the commissioner into 158.31 the grain buyers and storagefundaccount and is appropriated to 158.32 the commissioner for the administration and enforcement of 158.33 chapter 231. 158.34 Sec. 148. Minnesota Statutes 1998, section 233.08, is 158.35 amended to read: 158.36 233.08 [LICENSE.] 159.1 No public terminal warehouse may be operated or receive 159.2 grain for storage until the owners or parties in charge and 159.3 operating the warehouse obtain a license from the department 159.4 authorizing the warehouse operator to operate a warehouse under 159.5 this chapter. Licenses issued or renewed annually expire at 159.6 midnight on June 30 following the date of issuance or renewal. 159.7 Before a license may be issued, written application must be made 159.8 to the department for a license specifying the kind of 159.9 warehouse, the nature of its construction, its capacity and 159.10 location, the name of the firm or corporation operating it, each 159.11 member of the firm or officer of the corporation, and other 159.12 facts the department requires. The department shall act on the 159.13 application with reasonable dispatch. If no reason exists for 159.14 refusing the application, a license must be issued upon the 159.15 payment of the fee set by the commissioner. The amount of the 159.16 fee must be set to cover the costs of administering and 159.17 enforcing this chapter. 159.18 A license may be revoked by the department for violation of 159.19 the law or a rule of the department, but may only be revoked 159.20 upon a written notice or complaint specifying the charges and 159.21 after a hearing before the department. A license may be refused 159.22 to a warehouse operator whose license has been revoked within 159.23 the preceding year. 159.24 Fees collected under this chapter must be paid into the 159.25 grain buyers and storagefundaccount established in section 159.26 232.22. 159.27 Sec. 149. Minnesota Statutes 1998, section 236.02, 159.28 subdivision 4, is amended to read: 159.29 Subd. 4. [FEES.] The license fee must be set by the 159.30 commissioner in an amount sufficient to cover the costs of 159.31 administering and enforcing this chapter. Fees collected under 159.32 this chapter must be paid into the grain buyers and storagefund159.33 account established in section 232.22. 159.34 Sec. 150. Minnesota Statutes 1998, section 290.431, is 159.35 amended to read: 159.36 290.431 [NONGAME WILDLIFE CHECKOFF.] 160.1 Every individual who files an income tax return or property 160.2 tax refund claim form may designate on their original return 160.3 that $1 or more shall be added to the tax or deducted from the 160.4 refund that would otherwise be payable by or to that individual 160.5 and paid into an account to be established for the management of 160.6 nongame wildlife. The commissioner of revenue shall, on the 160.7 income tax return and the property tax refund claim form, notify 160.8 filers of their right to designate that a portion of their tax 160.9 or refund shall be paid into the nongame wildlife management 160.10 account. The sum of the amounts so designated to be paid shall 160.11 be credited to the nongame wildlife management account for use 160.12 by the nongame program of the section of wildlife in the 160.13 department of natural resources. For each $3 contributed to the 160.14 nongame wildlife management account under this section, the 160.15 commissioner of finance must transfer $1 from the general fund 160.16 to the nongame wildlife management account. All interest earned 160.17 on money accrued, gifts to the program, contributions to the 160.18 program, and reimbursements of expenditures in the nongame 160.19 wildlife management account shall be credited to the account by 160.20 the state treasurer. The commissioner of natural resources 160.21 shall submit a work program for each fiscal year and semiannual 160.22 progress reports to the legislative commission on Minnesota 160.23 resources in the form determined by the commission. None of the 160.24 money provided in this section may be expended unless the 160.25 commission has approved the work program. 160.26 The state pledges and agrees with all contributors to the 160.27 nongame wildlife management account to use the funds contributed 160.28 solely for the management of nongame wildlife projects and 160.29 further agrees that it will not impose additional conditions or 160.30 restrictions that will limit or otherwise restrict the ability 160.31 of the commissioner of natural resources to use the available 160.32 funds for the most efficient and effective management of nongame 160.33 wildlife. 160.34 Sec. 151. Minnesota Statutes 1998, section 290.432, is 160.35 amended to read: 160.36 290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.] 161.1 A corporation that files an income tax return may designate 161.2 on its original return that $1 or more shall be added to the tax 161.3 or deducted from the refund that would otherwise be payable by 161.4 or to that corporation and paid into the nongame wildlife 161.5 management account established by section 290.431 for use by the 161.6 section of wildlife in the department of natural resources for 161.7 its nongame wildlife program. The commissioner of revenue 161.8 shall, on the corporate tax return, notify filers of their right 161.9 to designate that a portion of their tax return be paid into the 161.10 nongame wildlife management account for the protection of 161.11 endangered natural resources. For each $3 contributed to the 161.12 nongame wildlife management account under this section, the 161.13 commissioner of finance must transfer $1 from the general fund 161.14 to the nongame wildlife management account. All interest earned 161.15 on money accrued, gifts to the program, contributions to the 161.16 program, and reimbursements of expenditures in the nongame 161.17 wildlife management account shall be credited to the account by 161.18 the state treasurer. The commissioner of natural resources 161.19 shall submit a work program for each fiscal year to the 161.20 legislative commission on Minnesota resources in the form 161.21 determined by the commission. None of the money provided in 161.22 this section may be spent unless the commission has approved the 161.23 work program. 161.24 The state pledges and agrees with all corporate 161.25 contributors to the nongame wildlife account to use the funds 161.26 contributed solely for the nongame wildlife program and further 161.27 agrees that it will not impose additional conditions or 161.28 restrictions that will limit or otherwise restrict the ability 161.29 of the commissioner of natural resources to use the available 161.30 funds for the most efficient and effective management of those 161.31 programs. 161.32 Sec. 152. Minnesota Statutes 1998, section 446A.072, 161.33 subdivision 4, is amended to read: 161.34 Subd. 4. [FUNDING LEVEL.] (a) The authority shall provide 161.35 supplemental assistance for essential project component costs as 161.36 certified by the commissioner of the pollution control agency 162.1 under section 116.182, subdivision 4. 162.2 (b) Except as provided in paragraph (c), a municipality may 162.3 not receive more than $4,000,000 under this section unless 162.4 specifically approved by law. 162.5 (c) A sanitary district created by order of the agency may 162.6 not receive more than an amount equal to the maximum in 162.7 paragraph (b) times the number of territorial units included in 162.8 the territory of the sanitary district. 162.9(c)(d) The authority shall provide supplemental assistance 162.10 for up to one-half of the eligible grant funding level 162.11 determined by the United States Department of Agriculture Rural 162.12 Development funding for projects listed on the agency's project 162.13 priority list, in priority order. For municipalities that are 162.14 not eligible for United States Department of Agriculture Rural 162.15 Development funding for wastewater, the authority shall provide 162.16 supplemental assistance for: (1) essential project component 162.17 costs calculated by first determining the amount needed to 162.18 reduce a municipality's annual residential sewer costs to 1.4 162.19 percent of the municipality's median household income or $25 per 162.20 month per household, whichever is greater, and then multiplying 162.21 that amount by 80 percent to determine the actual award amount 162.22 to supplement loans under section 446A.07; and (2) up to 50 162.23 percent of the incremental costs specifically identified by the 162.24 agency as being attributable to more stringent wastewater 162.25 standards required to protect outstanding resource value waters 162.26 or outstanding international resource value waters. 162.27(d)(e) Notwithstanding paragraph (b), in the event that a 162.28 municipality's monthly residential sewer service charges average 162.29 above $50, the authority will provide 90 percent of the grant 162.30 amount needed to reduce the average monthly sewer service charge 162.31 to $50, provided the project is ranked in the top 50 percentile 162.32 of the agency's intended use plan. 162.33(e)(f) Notwithstanding paragraphs (b),(c)(d), 162.34 and(d)(e), a municipality with an annual median household 162.35 income of$40,000$46,000 or greater shall not be eligible for a 162.36 grant, except for incremental costs specifically identified by 163.1 the agency as being attributable to more stringent wastewater 163.2 standards required to protect outstanding resource value waters 163.3 or outstanding international resource value waters. 163.4(f)(g) The authority shall provide supplemental assistance 163.5 to a municipality that would not otherwise qualify for 163.6 supplemental assistance if: 163.7 (1) the municipality voluntarily accepts a sewer connection 163.8 from another governmental unit to serve residential, industrial, 163.9 or commercial developments that were completed before March 1, 163.10 1996, or are on lots whose plats were recorded before that date; 163.11 and 163.12 (2) fees charged by the municipality for the connection 163.13 must take into account state and federal grants used by the 163.14 municipality for the construction of the treatment plant. 163.15 The amount of supplemental assistance under this paragraph must 163.16 be sufficient to reduce debt service payments under section 163.17 446A.07 to an extent equivalent to a zero percent loan in an 163.18 amount up to the other governmental unit's project costs 163.19 necessary for connection. Eligibility for supplemental 163.20 assistance under this paragraph ends three years after the 163.21 agency certifies that the connection has met the operational 163.22 performance standards established by the agency. 163.23 Sec. 153. Minnesota Statutes 1998, section 574.263, is 163.24 amended to read: 163.25 574.263 [FORESTRYNATURAL RESOURCE DEVELOPMENT PROJECTS.] 163.26 Subdivision 1. [DEFINITION.] For the purposes of this 163.27 section and section 574.264, "forestrynatural resource 163.28 development project" includes site preparation by discing, 163.29 shearing, rock raking or piling, patch scarification, or 163.30 furrowing; prairie restoration; creation of wildlife openings 163.31 and other wildlife habitat improvements; landscape clearing; 163.32 tree planting; tree seeding; tree pruning; timber stand 163.33 improvement by thinning or clearing existing forest trees by 163.34 manual, mechanical, or chemical techniques; orforest road and163.35bridgeconstruction, reconstruction, and maintenance of 163.36 department of natural resources trails, public accesses, water 164.1 control structures, fish barriers, sewage treatment systems, 164.2 roads, and bridges. 164.3 Subd. 2. [CONTRACTOR'S BOND.] A contract with the state 164.4 for aforestrynatural resource development project may require 164.5 a performance bond at the discretion of the commissioner of 164.6 natural resources. If the commissioner determines that a 164.7 performance bond is required, it shall not be less than five 164.8 percent of the contract price. 164.9 Subd. 3. [BID DEPOSIT IN PLACE OF PERFORMANCE BOND.] For a 164.10 contract made by the commissioner for aforestrynatural 164.11 resource development project, the commissioner may require a bid 164.12 deposit in place of a performance bond for charges that may 164.13 accrue because of doing the specified work and to enforce the 164.14 terms of the contract. The commissioner may set the amount of 164.15 the bid deposit, but it may not be less than five percent of the 164.16 contract price. 164.17 Subd. 4. [PAYMENT BOND.] A contract with the state for 164.18 aforestrynatural resource development project may require a 164.19 payment bond at the discretion of the commissioner of natural 164.20 resources. If the commissioner determines that a payment bond 164.21 is required, the commissioner also has the discretion to decide 164.22 whether the bond may be in the form of securities in place of a 164.23 bond as provided in section 574.264. If so, the securities 164.24 cannot have less value than five percent of the contract price. 164.25 Sec. 154. Minnesota Statutes 1998, section 574.264, 164.26 subdivision 1, is amended to read: 164.27 Subdivision 1. [FORESTNATURAL RESOURCE DEVELOPMENT 164.28 PROJECTS.] In place of a performance or payment bond or bid 164.29 deposit for a state contract for aforestrynatural resource 164.30 development project less than $50,000, the person required to 164.31 file the bond or bid deposit may deposit in a local designated 164.32 state depository or with the state treasurer a certified check, 164.33 a cashier's check, a postal, bank, or express money order, 164.34 assignable bonds or notes of the United States, or an assignment 164.35 of a bank savings account or investment certificate or an 164.36 irrevocable bank letter of credit, in the same amount that would 165.1 be required for the bond or bid deposit. If securities listed 165.2 in this section are deposited, their value shall not be less 165.3 than the amount required for the bond or bid deposit and the 165.4 person required to file the bond or bid deposit shall submit an 165.5 agreement authorizing the commissioner to sell or otherwise take 165.6 possession of the securities in the event of default under the 165.7 contract or nonpayment of any persons furnishing labor and 165.8 materials under, or to perform, the contract. 165.9 Sec. 155. Laws 1994, chapter 643, section 27, subdivision 165.10 2, as amended by Laws 1996, chapter 463, section 54, is amended 165.11 to read: 165.12 Subd. 2. [MARINE EDUCATION CENTER.] $20,500,000 165.13 To design, construct, furnish, and 165.14 equip a marine education center and 165.15 related visitor improvements at the 165.16 zoo. This appropriation is intended to 165.17 complete the project. 165.18 All of the debt service costs on the 165.19 bonds sold to finance this project that 165.20 are due and payable before fiscal year 165.21 1998 must be paid from dedicated 165.22 receipts of the Minnesota zoological 165.23 garden to the commissioner of finance 165.24 as required by Minnesota Statutes, 165.25 section 16A.643. Beginning in fiscal 165.26 year 1998, 60 percent of the debt 165.27 service costs on the bonds sold to 165.28 finance this project must be paid from 165.29 dedicated receipts of the Minnesota 165.30 zoological garden to the commissioner 165.31 of finance as required by Minnesota 165.32 Statutes, section 16A.643. 165.33The board may not institute an165.34admission fee increase before April 1,165.352000.165.36 Sec. 156. Laws 1995, chapter 220, section 142, as amended 165.37 by Laws 1995, chapter 263, section 12, and Laws 1996, chapter 165.38 351, section 1, is amended to read: 165.39 Sec. 142. [EFFECTIVE DATES.] 165.40 Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 165.41 and 141, paragraph (d), are effective the day following final 165.42 enactment. 165.43 Sections 114, 115, 118, and 121 are effective January 1, 165.44 1996. 165.45 Sections 120, subdivisions 2, 3, 4, and 5, and 141, 165.46 paragraph (c), are effective July 1, 1996. 166.1 Section 141, paragraph (b), is effective June 30,19992001. 166.2 Sec. 157. Laws 1998, chapter 401, section 53, is amended 166.3 to read: 166.4 Sec. 53. [FEEDLOT RULES.] 166.5 ByMarchDecember 1, 1999, the commissioner of the 166.6 pollution control agency must submit a copy of updated feedlot 166.7 permit rules as prescribed in Minnesota Statutes, section 166.8 116.07, subdivision 7, paragraph (i). The updated rules must 166.9 become effective nolatersooner thanJune 1, 1999April 1, 166.10 2000. 166.11 Sec. 158. [PRIVATE CONVEYANCE OF STATE LAND; ROCK COUNTY.] 166.12 (a) Notwithstanding Minnesota Statutes, sections 94.09 to 166.13 94.16, the commissioner of natural resources may sell the 166.14 state-owned land described in paragraph (c) by private sale to 166.15 the adjacent landowner east of the township road. 166.16 (b) The consideration for the sale shall be the land's 166.17 appraised value as certified by the state and the conveyance 166.18 shall be in a form approved by the attorney general. 166.19 (c) The land to be sold is located in Rock county, consists 166.20 of 0.6 acres, more or less, and is described as: 166.21 That part of the Northwest Quarter of Section 13, Township 166.22 103 North, Range 45 West, described as follows: 166.23 Commencing at the West Quarter corner of Section 13; thence 166.24 North 00 degrees 17 minutes 27 seconds West (assumed 166.25 bearing) along the west line of the Northwest Quarter of 166.26 said section a distance of 128.17 feet to the point of 166.27 beginning; thence continuing North 00 degrees 17 minutes 27 166.28 seconds West along said west line a distance of 11.84 feet 166.29 to a point 140.00 feet north of the south line of the 166.30 Northwest Quarter of said section and the northwest corner 166.31 of that certain tract of land conveyed to the state of 166.32 Minnesota by final certificate, filed for record in the 166.33 office of the Rock county recorder on May 19, 1938, in Book 166.34 "M" of Miscl., pages 515-517; thence South 89 degrees 28 166.35 minutes 55 seconds East parallel with the south line of the 166.36 Northwest Quarter of said section and along the north line 167.1 of said tract a distance of 1474.45 feet to the northeast 167.2 corner of said tract; thence South 00 degrees 17 minutes 27 167.3 seconds East parallel with the west line of said section 167.4 and along the east line of said tract a distance of 25.29 167.5 feet to an iron stake with DNR caps; thence North 88 167.6 degrees 57 minutes 33 seconds West along an existing fence 167.7 line a distance of 1092.38 feet to Point A and an iron 167.8 stake; thence continuing North 88 degrees 57 minutes 33 167.9 seconds West along said fence line extended a distance of 167.10 382.32 feet to said point of beginning. 167.11 Said tract is subject to a roadway easement and any other 167.12 easements of record if any. 167.13 (d) The deed from the commissioner shall include the 167.14 following restrictive covenant: that part of the above 167.15 described tract of land lying easterly of and within 60 feet of 167.16 Point A shall be maintained in tall grass cover with no use for 167.17 livestock purposes. A breach of such restrictive covenant shall 167.18 result in the automatic reversion of the restricted land to the 167.19 state. 167.20 Sec. 159. [STUDY COMMITTEE REGARDING NEED FOR CENTRAL 167.21 COLLECTION WASTEWATER TREATMENT SYSTEM.] 167.22 The commissioner of the Minnesota pollution control agency 167.23 shall convene a committee of interested persons to address the 167.24 need for central collection wastewater treatment systems in 167.25 unsewered areas. The committee shall evaluate the effectiveness 167.26 of alternative system designs and identify regulatory and other 167.27 barriers to cost-efficient design and construction. By January 167.28 15, 2000, the commissioner shall report the results of the 167.29 committee's evaluation to the house and senate committees with 167.30 jurisdiction over environmental policy and budget issues. 167.31 Sec. 160. [ECONOMIC BENEFITS OF TRAILS; STUDY.] 167.32 The commissioner of natural resources shall conduct a study 167.33 on the economic benefits of state trails. The study shall be 167.34 done in consultation with the office of tourism and the 167.35 University of Minnesota. By January 15, 2001, the commissioner 167.36 shall report the results of the study to the chairs of the 168.1 legislative committees with jurisdiction over the environment 168.2 and natural resources policy and finance issues. 168.3 Sec. 161. [ADVISORY TASK FORCE ON SNOWMOBILE TRAIL 168.4 REPAIR.] 168.5 The commissioner of natural resources shall appoint an 168.6 advisory task force including representatives of the department 168.7 of natural resources, the department of transportation, the 168.8 association of Minnesota counties, the Minnesota united 168.9 snowmobile association, the snowmobile manufacturers and 168.10 snowmobile stud manufacturers, the Minnesota parks and trails 168.11 council, and the Minnesota bicycle business council to make 168.12 recommendations to the commissioner regarding prioritization of 168.13 repairs to snowmobile trails. The advisory task force shall 168.14 assess damage to snowmobile trails, establish criteria for 168.15 repairs, and prioritize repairs. This section expires after 168.16 June 2001. 168.17 Sec. 162. [REPORT ON FEEDLOT UPGRADE ACCOUNT.] 168.18 By January 15, 2000, the commissioner of the pollution 168.19 control agency, in conjunction with the commissioner of 168.20 agriculture, shall report to the legislative policy and finance 168.21 committees or divisions with jurisdiction over agriculture and 168.22 the environment on the need for a feedlot upgrade account and a 168.23 priority action plan for upgrading animal waste sites. The 168.24 report must include: 168.25 (1) an analysis of the need and level of funding required 168.26 for a feedlot upgrade account; 168.27 (2) the identification of possible funding sources to 168.28 ensure adequate resources for the account under clause (1); and 168.29 (3) the need for development of a statewide animal waste 168.30 priority action plan for animal waste sites, including 168.31 containment, closure, and cleanup. 168.32 Sec. 163. [REPEALER.] 168.33 Minnesota Statutes 1998, sections 115A.981; 297H.13, 168.34 subdivisions 3 and 6; and 473.845, subdivision 2, are repealed. 168.35 Sections 126 to 130 are repealed effective June 30, 2007. 168.36 Sec. 164. [EFFECTIVE DATE.] 169.1 Section 52 is effective July 1, 1999, and applies to 169.2 agreements made effective after that date. 169.3 Sections 18, 61, 91 to 99, and 156 are effective the day 169.4 following final enactment.