as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; appropriating and 1.3 reducing money for environmental, natural resources, 1.4 and agricultural purposes; establishing and modifying 1.5 certain programs; providing for regulation of certain 1.6 activities and practices; providing for accounts, 1.7 assessments, and fees; amending Minnesota Statutes 1.8 2000, sections 41A.09, subdivision 3a; 84.0887, 1.9 subdivision 8; Minnesota Statutes 2001 Supplement, 1.10 sections 93.2235; 115A.545, subdivision 2; Laws 2000, 1.11 chapter 488, article 3, section 7; Laws 2001, First 1.12 Special Session chapter 2, sections 5, subdivisions 2, 1.13 4, 5, 6, 7, 8, 9, 10, 11; 6; 14, subdivision 5; 1.14 repealing Minnesota Statutes 2000, sections 1.31; 1.15 17.110; 84.0887, subdivisions 3, 7; 84.98, 1.16 subdivisions 1, 2, 3, 4, 6, 7, 8; 84.99; 84B.11; 1.17 103B.3369, subdivisions 7, 8; 103B.351; 103F.461; 1.18 103G.2373; Minnesota Statutes 2001 Supplement, 1.19 sections 84.0887, subdivisions 1, 2, 4, 5, 6, 9; 1.20 84.98, subdivision 5; Minnesota Rules, parts 1.21 8405.0100; 8405.0110; 8405.0120; 8405.0130; 8405.0140; 1.22 8405.0150; 8405.0160; 8405.0170; 8405.0180; 8405.0190; 1.23 8405.0200; 8405.0210; 8405.0220; 8405.0230. 1.24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.25 Section 1. [ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE 1.26 APPROPRIATIONS AND REDUCTIONS.] 1.27 The dollar amounts in the columns under "APPROPRIATIONS" 1.28 are added to or, if shown in parentheses, are subtracted from 1.29 the appropriations in Laws 2001, First Special Session chapter 1.30 2, or other law, to the specified agencies. The appropriations 1.31 are from the general fund or other named fund and are available 1.32 for the fiscal years indicated for each purpose. The figure 1.33 "2002" or "2003" means that the addition to or subtraction from 1.34 the appropriations listed under the figure are for the fiscal 2.1 year ending June 30, 2002, or June 30, 2003, respectively. The 2.2 term "the first year" means the year ending June 30, 2002, and 2.3 the term "the second year" means the year ending June 30, 2003. 2.4 SUMMARY BY FUND 2.5 2002 2003 TOTAL 2.6 General ($8,177,000) ($17,120,000) ($25,297,000) 2.7 Environmental (720,000) 437,000 (283,000) 2.8 Solid Waste 816,000 956,000 1,772,000 2.9 Natural Resources (35,000) (36,000) (71,000) 2.10 Game and Fish -0- (500,000) (500,000) 2.11 Future Resources (4,000,000) (1,300,000) (5,300,000) 2.12 Petroleum Tank Release (83,000) (32,000) (115,000) 2.13 TOTAL ($12,199,000) ($17,595,000) ($29,794,000) 2.14 APPROPRIATIONS 2.15 Available for the Year 2.16 Ending June 30, 2.17 2002 2003 2.18 Sec. 2. POLLUTION CONTROL 2.19 AGENCY 2.20 Subdivision 1. Total 2.21 Appropriation Reductions ($1,390,000) ($734,000) 2.22 Summary by Fund 2.23 General (1,403,000) (2,095,000) 2.24 Petroleum Tank (83,000) (32,000) 2.25 Environmental (720,000) 437,000 2.26 Solid Waste 816,000 956,000 2.27 The amounts reduced from the 2.28 appropriations in Laws 2001, First 2.29 Special Session chapter 2, section 2, 2.30 are specified in the following 2.31 subdivisions. 2.32 Subd. 2. Protection of the Water 2.33 (350,000) (280,000) 2.34 Summary by Fund 2.35 General (172,000) (917,000) 2.36 Environmental (178,000) 637,000 2.37 $234,000 the second year of this 2.38 reduction is from the clean water 2.39 partnership program. 2.40 Subd. 3. Protection of the Air 2.41 (194,000) (91,000) 3.1 Summary by Fund 3.2 General (3,000) -0- 3.3 Environmental (191,000) (91,000) 3.4 Subd. 4. Protection of the Land 3.5 (326,000) (158,000) 3.6 Summary by Fund 3.7 General (1,039,000) (1,041,000) 3.8 Petroleum Tank (64,000) (32,000) 3.9 Environmental (90,000) (41,000) 3.10 Solid Waste 867,000 956,000 3.11 Subd. 5. Integrated Environmental Programs 3.12 (375,000) (68,000) 3.13 Summary by Fund 3.14 General (44,000) -0- 3.15 Petroleum Tank (19,000) -0- 3.16 Environmental (261,000) (68,000) 3.17 Solid Waste (51,000) -0- 3.18 Subd. 6. Administrative Support 3.19 (145,000) (137,000) 3.20 Subd. 7. Cancellations 3.21 $140,000 in fiscal year 2001 for back 3.22 pay under settlements regarding 3.23 overtime under the federal Fair Labor 3.24 Standards Act shall be canceled to the 3.25 solid waste fund by June 30, 2002. 3.26 This is from the appropriation made in 3.27 Laws 2001, First Special Session 3.28 chapter 2, section 2, subdivision 7. 3.29 Sec. 3. OFFICE OF 3.30 ENVIRONMENTAL ASSISTANCE (2,034,000) (2,048,000) 3.31 $1,400,000 the first year and 3.32 $1,401,000 the second year are a 3.33 reduction from the money appropriated 3.34 for SCORE block grants to counties in 3.35 Laws 2001, First Special Session 3.36 chapter 2, section 3. The remainder is 3.37 a general reduction. 3.38 Sec. 4. ZOOLOGICAL BOARD (372,000) (383,000) 3.39 Sec. 5. NATURAL RESOURCES 3.40 Subdivision 1. Total 3.41 Appropriation Reductions (2,668,000) (7,022,000) 3.42 Summary by Fund 3.43 General (2,668,000) (6,522,000) 4.1 Game and Fish -0- (500,000) 4.2 The amounts reduced from the 4.3 appropriations in Laws 2001, First 4.4 Special Session chapter 2, section 5, 4.5 are specified in the following 4.6 subdivisions. 4.7 Subd. 2. Land and Mineral Resources Management 4.8 (81,000) (178,000) 4.9 $58,000 the first year and $33,000 the 4.10 second year of this reduction are from 4.11 iron ore cooperative research. 4.12 $20,000 the first year and $20,000 the 4.13 second year of this reduction are from 4.14 the nonstate match. 4.15 $10,000 the first year and $30,000 the 4.16 second year of this reduction are from 4.17 minerals diversification. 4.18 $10,000 the first year and $15,000 the 4.19 second year of this reduction are from 4.20 minerals cooperative environment 4.21 research. 4.22 $5,000 the first year and $5,500 the 4.23 second year of this reduction are from 4.24 the nonstate match. 4.25 Subd. 3. Forest Management 4.26 (358,000) (1,099,000) 4.27 $300,000 the second year of this 4.28 reduction is from the programs and 4.29 practices on state, county, and private 4.30 lands to regenerate and protect 4.31 Minnesota's white pine. 4.32 $700,000 the second year of this 4.33 reduction is from the forest resources 4.34 council for implementation of the 4.35 Sustainable Forest Resources Act. 4.36 Subd. 4. Parks and Recreation Management 4.37 (79,000) (1,367,000) 4.38 $800,000 the second year of this 4.39 reduction is from a grant to the 4.40 metropolitan council for metropolitan 4.41 area regional parks maintenance and 4.42 operations. 4.43 Subd. 5. Trails and Waterways Management 4.44 (188,000) 121,000 4.45 Summary by Fund 4.46 General (188,000) (177,000) 4.47 Natural Resources -0- 298,000 4.48 In the second year, $210,000 from the 4.49 snowmobile trails and enforcement 4.50 account and $88,000 from the water 5.1 recreation account in the natural 5.2 resources fund are transferred from 5.3 subdivision 10, operations support. 5.4 Subd. 6. Fish Management 5.5 (274,000) (175,000) 5.6 $274,000 the first year and $100,000 5.7 the second year of this reduction are 5.8 from the reinvest in Minnesota programs 5.9 of game and fish, critical habitat, and 5.10 wetlands established under Minnesota 5.11 Statutes, section 84.95, subdivision 2. 5.12 $75,000 the second year of this 5.13 reduction is from aquatic plant 5.14 restoration. 5.15 Subd. 7. Wildlife Management 5.16 (225,000) (610,000) 5.17 Summary by Fund 5.18 General (225,000) (110,000) 5.19 Game and Fish -0- (500,000) 5.20 $500,000 the second year of this 5.21 reduction is from grants to local 5.22 outdoor sports clubs for habitat 5.23 improvement projects on wildlife 5.24 management area lands. 5.25 The commissioner shall transfer 5.26 $500,000 in the second year from the 5.27 heritage enhancement account in the 5.28 game and fish fund to the general fund. 5.29 Subd. 8. Ecological Services 5.30 (92,000) 149,000 5.31 Summary by Fund 5.32 General (92,000) (44,000) 5.33 Natural Resources -0- 193,000 5.34 $22,000 the first year and $44,000 the 5.35 second year of this reduction are from 5.36 the reinvest in Minnesota programs of 5.37 game and fish, critical habitat, and 5.38 wetlands established under Minnesota 5.39 Statutes, section 84.95, subdivision 2. 5.40 In the first year, $179,000 from the 5.41 water recreation account (water license 5.42 surcharge) and $14,000 from the nongame 5.43 wildlife account in the natural 5.44 resources fund is transferred from 5.45 subdivision 10, operations support. 5.46 Subd. 9. Enforcement 5.47 (557,000) (382,000) 5.48 Summary by Fund 5.49 General (557,000) (382,000) 6.1 $315,000 the first year and $315,000 6.2 the second year of this reduction are 6.3 from the snowmobile trails and 6.4 enforcement account in the natural 6.5 resources fund for grants to local law 6.6 enforcement agencies for snowmobile 6.7 enforcement activities. 6.8 Subd. 10. Operations Support 6.9 (814,000) (3,481,000) 6.10 Summary by Fund 6.11 General (814,000) (2,990,000) 6.12 Natural Resources -0- (491,000) 6.13 $500,000 the first year and $2,104,000 6.14 the second year of this reduction are 6.15 from the operations of youth programs. 6.16 $491,000 the second year of this 6.17 reduction is from the natural resources 6.18 fund for youth programs operations. 6.19 In the second year, $491,000 from the 6.20 natural resources fund shall be added 6.21 to the appropriations authorized in 6.22 Laws 2001, First Special Session 6.23 chapter 2, section 5, subdivisions 6 6.24 and 9, as follows: 6.25 (1) $298,000 to Trails and Waterways 6.26 Management in subdivision 5; of this 6.27 amount, $88,000 is from the water 6.28 recreation account and $210,000 is from 6.29 the snowmobile trails and enforcement 6.30 account; and 6.31 (2) $193,000 to Ecological Services in 6.32 subdivision 8; of this amount, $179,000 6.33 is from the water recreation account 6.34 (watercraft license surcharge) and 6.35 $14,000 is from the nongame Wildlife 6.36 Natural Resources Fund. 6.37 Sec. 6. BOARD OF WATER AND 6.38 SOIL RESOURCES -0- (3,299,200) 6.39 $977,200 the second year of this 6.40 reduction is from natural resources 6.41 block grants to local governments. 6.42 $198,300 the second year of this 6.43 reduction is from grants to soil and 6.44 water conservation districts for 6.45 general purposes, nonpoint engineering, 6.46 and implementation of the reinvest in 6.47 Minnesota (RIM) conservation reserve 6.48 program. 6.49 $1,551,700 the second year of this 6.50 reduction is from grants to soil and 6.51 water conservation districts for 6.52 cost-sharing contracts for erosion 6.53 control and water quality management. 6.54 Cost-share funds in the amount of 6.55 $499,800 the second year are canceled. 7.1 Base funding for the grants program is 7.2 $12,858,000 for the fiscal year 7.3 beginning July 1, 2003. 7.4 Sec. 7. MINNESOTA-WISCONSIN 7.5 BOUNDARY AREA COMMISSION (163,000) (199,000) 7.6 Summary by Fund 7.7 General (128,000) (163,000) 7.8 Natural Resources (35,000) (36,000) 7.9 Sec. 8. SCIENCE MUSEUM OF MINNESOTA -0- (65,000) 7.10 Sec. 9. AGRICULTURE 7.11 Subdivision 1. Total 7.12 Appropriation Reductions (1,101,000) (1,407,000) 7.13 The amounts reduced from the 7.14 appropriations in Laws 2001, First 7.15 Special Session chapter 2, are 7.16 specified in the following subdivisions. 7.17 Subd. 2. Protection Service 7.18 (523,000) (446,000) 7.19 Base funding for the protection service 7.20 program is $11,071,000 in the fiscal 7.21 year beginning July 1, 2003, and 7.22 $11,072,000 for the fiscal year 7.23 beginning July 1, 2004. 7.24 Subd. 3. Agricultural 7.25 Marketing and Development 7.26 (409,000) (514,000) 7.27 Notwithstanding Minnesota Statutes, 7.28 section 41A.09, subdivision 3a, the 7.29 total payments from the ethanol 7.30 development account to all producers 7.31 may not exceed $63,802,800 for the 7.32 biennium ending June 30, 2003. If the 7.33 total amount for which all producers 7.34 are eligible in a quarter exceeds the 7.35 amount available for payments, the 7.36 commissioner shall make the payments on 7.37 a pro rata basis. 7.38 $65,000 the second year of this 7.39 reduction is from beaver damage control 7.40 grants under Minnesota Statutes, 7.41 section 17.110. 7.42 $50,000 the first year and $50,000 the 7.43 second year of this reduction are from 7.44 grants to farmers for demonstration 7.45 projects involving sustainable 7.46 agriculture as authorized in Minnesota 7.47 Statutes, section 17.116. 7.48 Base funding for the agricultural 7.49 marketing and development program is 7.50 $4,824,000 for the fiscal year 7.51 beginning July 1, 2003. 7.52 Subd. 4. Administration and 7.53 Financial Assistance 8.1 (169,000) (447,000) 8.2 $5,000 the first year and $2,000 the 8.3 second year of this reduction are from 8.4 family farm security interest payment 8.5 adjustments. 8.6 $7,000 the second year of this 8.7 reduction is from the appropriation for 8.8 the Northern Crops Institute. 8.9 $175,000 the second year of this 8.10 reduction is from grants to agriculture 8.11 information centers. 8.12 $11,500 the second year of this 8.13 reduction is from the appropriation for 8.14 the Seaway Port Authority of Duluth. 8.15 $1,900 the second year of this 8.16 reduction is from a grant to the 8.17 Minnesota Livestock Breeders' 8.18 Association. 8.19 Base funding for the administration and 8.20 financial assistance program is 8.21 $4,278,000 for the fiscal year 8.22 beginning July 1, 2003. 8.23 Subd. 5. Cancellations 8.24 (a) $10,000 from Laws 2000, chapter 8.25 488, article 3, section 5, for an 8.26 agricultural water quality and quantity 8.27 management, research, demonstration, 8.28 and education program is canceled to 8.29 the general fund. 8.30 (b) $93,000 from Laws 2000, chapter 8.31 488, article 3, section 5, for grants 8.32 to one or more cooperative associations 8.33 for the purpose of facilitating the 8.34 production and marketing of short 8.35 rotation woody crops is canceled to the 8.36 general fund. 8.37 Subd. 6. Transfers 8.38 (a) By June 30, 2002, the commissioner 8.39 shall transfer the unencumbered cash 8.40 balance in the ethanol development fund 8.41 established in Minnesota Statutes, 8.42 section 41B.044, to the general fund. 8.43 (b) By June 30, 2002, the commissioner 8.44 shall transfer $106,000 from the 8.45 balance in the family farm security 8.46 account established in Minnesota 8.47 Statutes, section 41.61, to the general 8.48 fund. 8.49 (c) By June 30, 2004, the commissioner 8.50 shall transfer $50,000 from the balance 8.51 in the family farm security account 8.52 established in Minnesota Statutes, 8.53 section 41.61, to the general fund. 8.54 (d) By June 30, 2002, the commissioner 8.55 shall transfer $1,690,000 from the 8.56 unencumbered bond proceeds balance in 9.1 the family farm security account 9.2 established in Minnesota Statutes, 9.3 section 41.61, to the debt service fund. 9.4 (e) By June 30, 2005, the commissioner 9.5 shall transfer $410,000 from the 9.6 unencumbered bond proceeds balance in 9.7 the family farm security account 9.8 established in Minnesota Statutes, 9.9 section 41.61, to the debt service fund. 9.10 Sec. 10. BOARD OF 9.11 ANIMAL HEALTH (71,000) (221,000) 9.12 $30,000 the first year and $76,000 the 9.13 second year of this reduction are from 9.14 the money appropriated for Johne's 9.15 disease. 9.16 $53,000 the second year of the 9.17 reduction is from money appropriated 9.18 for avian pneumovirus disease. 9.19 Base funding for the board is 9.20 $2,663,000 for the fiscal year 9.21 beginning July 1, 2003. 9.22 Sec. 11. MINNESOTA HORTICULTURE 9.23 SOCIETY -0- (16,000) 9.24 Sec. 12. AGRICULTURAL UTILIZATION 9.25 RESEARCH INSTITUTE (400,000) (401,000) 9.26 $20,000 each year of the reduction is 9.27 from the money appropriated for hybrid 9.28 tree management research and 9.29 development. 9.30 Base funding of the agricultural 9.31 utilization research institute is 9.32 $3,717,000 for the fiscal year 9.33 beginning July 1, 2003. 9.34 Sec. 13. MINNESOTA RESOURCES (4,000,000) (1,300,000) 9.35 $1,000,000 the first year of this 9.36 reduction is from Laws 2001, First 9.37 Special Session chapter 2, section 14, 9.38 subdivision 5, paragraph (b), Local 9.39 Grants Initiative: Program Outdoor 9.40 Recreation Grants. 9.41 $525,000 the first year of this 9.42 reduction is from Laws 2001, First 9.43 Special Session chapter 2, section 14, 9.44 subdivision 5, paragraph (c), Regional 9.45 and Local Trail Grants. 9.46 $500,000 the first year of this 9.47 reduction is from Laws 2001, First 9.48 Special Session chapter 2, section 14, 9.49 subdivision 5, paragraph (g), McQuade 9.50 Small Craft Harbor. 9.51 $530,000 the first year of this 9.52 reduction is from Laws 2001, First 9.53 Special Session chapter 2, section 14, 9.54 subdivision 5, paragraph (i), Gateway 9.55 Trail Bridge. 9.56 $910,000 the first year of this 10.1 reduction is from Laws 2001, First 10.2 Special Session chapter 2, section 14, 10.3 subdivision 5, paragraph (j), State 10.4 Trail Projects. 10.5 $500,000 the first year of this 10.6 reduction is from Laws 2001, First 10.7 Special Session chapter 2, section 14, 10.8 subdivision 5, paragraph (o), 10.9 Development and Rehabilitation of 10.10 Recreational Shooting Ranges. 10.11 $35,000 the first year of this 10.12 reduction is from Laws 2000, chapter 10.13 488, article 3, section 7. 10.14 $1,300,000 the second year of this 10.15 reduction is from cancellations in the 10.16 future resources fund. 10.17 Transfers: 10.18 (1) the first year, the appropriation 10.19 reduction of $3,965,000 from Laws 2001, 10.20 First Special Session chapter 2, 10.21 section 14, subdivision 5, paragraphs 10.22 (b), (c), (g), (i), (j), and (o), 10.23 cancels and the amount of the reduction 10.24 transfers to the general fund; 10.25 (2) the second year, the appropriation 10.26 reduction of $35,000 from Laws 2000, 10.27 chapter 488, article 3, section 7, 10.28 cancels and the amount of the reduction 10.29 transfers to the general fund; and 10.30 (3) the second year, $1,300,000 of the 10.31 balance of the Minnesota Future 10.32 Resources Fund transfers to the general 10.33 fund. 10.34 Sec. 14. Minnesota Statutes 2000, section 41A.09, 10.35 subdivision 3a, is amended to read: 10.36 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture 10.37 shall make cash payments to producers of ethanol, anhydrous 10.38 alcohol, and wet alcohol located in the state. These payments 10.39 shall apply only to ethanol, anhydrous alcohol, and wet alcohol 10.40 fermented in the state and produced at plants that have begun 10.41 production by June 30, 2000. For the purpose of this 10.42 subdivision, an entity that holds a controlling interest in more 10.43 than one ethanol plant is considered a single producer. The 10.44 amount of the payment for each producer's annual production is: 10.45 (1) except as providedin paragraph (b)below, for each 10.46 gallon of ethanol or anhydrous alcohol produced on orbefore10.47June 30, 2000after July 1, 2001, or ten years after the start 10.48 of production, whichever is later,2018 cents per gallon; and 11.1 (2) for each gallon produced of wet alcohol on or before 11.2 June 30, 2000, or ten years after the start of production, 11.3 whichever is later, a payment in cents per gallon calculated by 11.4 the formula "alcohol purity in percent divided by five," and 11.5 rounded to the nearest cent per gallon, but not less than 11 11.6 cents per gallon. 11.7 The producer payments for anhydrous alcohol and wet alcohol 11.8 under this section may be paid to either the original producer 11.9 of anhydrous alcohol or wet alcohol or the secondary processor, 11.10 at the option of the original producer, but not to both. 11.11 No payments shall be made for production that occurs after 11.12 June 30, 2010. 11.13 (b) If the level of production at an ethanol plant 11.14 increases due to an increase in the production capacity of the 11.15 plant, the payment under paragraph (a), clause (1), applies to 11.16 the additional increment of production until ten years after the 11.17 increased production began. Once a plant's production capacity 11.18 reaches 15,000,000 gallons per year, no additional increment 11.19 will qualify for the payment. 11.20 (c) The commissioner shall make payments to producers of 11.21 ethanol or wet alcohol in the amount of 1.5 cents for each 11.22 kilowatt hour of electricity generated using closed-loop biomass 11.23 in a cogeneration facility at an ethanol plant located in the 11.24 state. Payments under this paragraph shall be made only for 11.25 electricity generated at cogeneration facilities that begin 11.26 operation by June 30, 2000. The payments apply to electricity 11.27 generated on or before the date ten years after the producer 11.28 first qualifies for payment under this paragraph. Total 11.29 payments under this paragraph in any fiscal year may not exceed 11.30$750,000$675,000. For the purposes of this paragraph: 11.31 (1) "closed-loop biomass" means any organic material from a 11.32 plant that is planted for the purpose of being used to generate 11.33 electricity or for multiple purposes that include being used to 11.34 generate electricity; and 11.35 (2) "cogeneration" means the combined generation of: 11.36 (i) electrical or mechanical power; and 12.1 (ii) steam or forms of useful energy, such as heat, that 12.2 are used for industrial, commercial, heating, or cooling 12.3 purposes. 12.4 (d) Payments under paragraphs (a) and (b) to all producers 12.5 may not exceed$37,000,000$33,300,000 in a fiscal year. Total 12.6 payments under paragraphs (a) and (b) to a producer in a fiscal 12.7 year may not exceed$3,000,000$2,700,000. 12.8 (e) By the last day of October, January, April, and July, 12.9 each producer shall file a claim for payment for ethanol, 12.10 anhydrous alcohol, and wet alcohol production during the 12.11 preceding three calendar months. A producer with more than one 12.12 plant shall file a separate claim for each plant. A producer 12.13 that files a claim under this subdivision shall include a 12.14 statement of the producer's total ethanol, anhydrous alcohol, 12.15 and wet alcohol production in Minnesota during the quarter 12.16 covered by the claim, including anhydrous alcohol and wet 12.17 alcohol produced or received from an outside source. A producer 12.18 shall file a separate claim for any amount claimed under 12.19 paragraph (c). For each claim and statement of total ethanol, 12.20 anhydrous alcohol, and wet alcohol production filed under this 12.21 subdivision, the volume of ethanol, anhydrous alcohol, and wet 12.22 alcohol production or amounts of electricity generated using 12.23 closed-loop biomass must be examined by an independent certified 12.24 public accountant in accordance with standards established by 12.25 the American Institute of Certified Public Accountants. 12.26 (f) Payments shall be made November 15, February 15, May 12.27 15, and August 15. A separate payment shall be made for each 12.28 claim filed. Except as provided in paragraph (j), the total 12.29 quarterly payment to a producer under this paragraph, excluding 12.30 amounts paid under paragraph (c), may not 12.31 exceed$750,000$675,000. 12.32 (g) If the total amount for which all producers are 12.33 eligible in a quarter under paragraph (c) exceeds the amount 12.34 available for payments, the commissioner shall make payments in 12.35 the order in which the plants covered by the claims began 12.36 generating electricity using closed-loop biomass. 13.1 (h) After July 1, 1997, new production capacity is only 13.2 eligible for payment under this subdivision if the commissioner 13.3 receives: 13.4 (1) an application for approval of the new production 13.5 capacity; 13.6 (2) an appropriate letter of long-term financial commitment 13.7 for construction of the new production capacity; and 13.8 (3) copies of all necessary permits for construction of the 13.9 new production capacity. 13.10 The commissioner may approve new production capacity based 13.11 on the order in which the applications are received. 13.12 (i) The commissioner may not approve any new production 13.13 capacity after July 1, 1998, except that a producer with an 13.14 approved production capacity of at least 12,000,000 gallons per 13.15 year but less than 15,000,000 gallons per year prior to July 1, 13.16 1998, is approved for 15,000,000 gallons of production capacity. 13.17 (j) Notwithstanding the quarterly payment limits of 13.18 paragraph (f), the commissioner shall make an additional payment 13.19 in the eighth quarter of each fiscal biennium to ethanol 13.20 producers for the lesser of: (1)2018 cents per gallon of 13.21 production in the eighth quarter of the biennium that is greater 13.22 than 3,750,000 gallons; or (2) the total amount of payments lost 13.23 during the first seven quarters of the biennium due to plant 13.24 outages, repair, or major maintenance. Total payments to an 13.25 ethanol producer in a fiscal biennium, including any payment 13.26 under this paragraph, must not exceed the total amount the 13.27 producer is eligible to receive based on the producer's approved 13.28 production capacity. The provisions of this paragraph apply 13.29 only to production losses that occur in quarters beginning after 13.30 December 31, 1999. 13.31 (k) For the purposes of this subdivision "new production 13.32 capacity" means annual ethanol production capacity that was not 13.33 allowed under a permit issued by the pollution control agency 13.34 prior to July 1, 1997, or for which construction did not begin 13.35 prior to July 1, 1997. 13.36 [EFFECTIVE DATE.] This section is effective for payments 14.1 for ethanol production after July 1, 2001. Excess payments made 14.2 for production after July 1, 2001, but prior to the date of 14.3 final enactment of this act must be deducted from payments 14.4 otherwise due for production prior to July 1, 2002. 14.5 Sec. 15. Minnesota Statutes 2000, section 84.0887, 14.6 subdivision 8, is amended to read: 14.7 Subd. 8. [EDUCATION AWARDS.](a) A person employed as a14.8corps member for one year of continuous service, as determined14.9by standards adopted by the commissioner, and who receives a14.10satisfactory evaluation upon termination of employment may be14.11provided an incentive award of $500 or an education certificate14.12in an amount not less than $1,000 nor more than stipulated in14.13the National and Community Service Act (Public Law Number14.14101-610, United States Code, title 42, sections 12501 through14.1512681).14.16(b) The commissioner may authorize a partial incentive14.17award or education certificate to a person employed as a corps14.18member who receives a satisfactory evaluation upon termination14.19of employment if the person is employed as a corps member for14.20less than one year of continuous employment if the commissioner14.21determines that employment was terminated because of special14.22circumstances beyond the control of the corps member. Partial14.23awards may also be made if the person is employed as a corps14.24member for at least ten months but less than one year and the14.25commissioner determines that employment was terminated in order14.26to enable the person to attend an institution of higher14.27education, vocational institution, or other training program or14.28to enable the person to obtain other employment.14.29(c)The education certificate is valid for seven years 14.30 after the date of issuance for the payment of tuition, related 14.31 educational expenses, and required program activity fees at any 14.32 institution of higher education which accepts the certificate. 14.33 In instances where a corps member has attained a degree or 14.34 certificate from an institution of higher education and has an 14.35 education loan outstanding, the education certificate may be 14.36 used to repay that loan. The commissioner shall authorize 15.1 payment to the institution of face value of the certificate upon 15.2 presentation. No payments shall be made under this subdivision 15.3 after June 30, 2009. 15.4 Sec. 16. Minnesota Statutes 2001 Supplement, section 15.5 93.2235, is amended to read: 15.6 93.2235 [TACONITE MINING GRANTS; APPROPRIATIONS.] 15.7 Subdivision 1. [COMMISSIONER.] The commissioner shall 15.8 establish a program to award grants to taconite mining companies 15.9 for: 15.10 (1) taconite pellet product improvements; 15.11 (2) value-added production of taconite iron ore; or 15.12 (3) cost-savings production improvements at Minnesota 15.13 taconite plants. 15.14 An amount equal to the sum of money transferred to the 15.15 general fund under section 93.223, subdivision 1, is annually 15.16 appropriated from the general fund to the commissioner for the 15.17 purposes of this section, except for fiscal years 2003 and 15.18 thereafter, the amount appropriated is reduced by $100,000 15.19 annually. 15.20 Subd. 2. [COLERAINE LABORATORY.] The director of the 15.21 Coleraine laboratory shall establish a program to award grants 15.22 for the purpose of transferring technology from the Coleraine 15.23 laboratory to taconite mining companies for: 15.24 (1) taconite pellet product improvements; 15.25 (2) value-added production of taconite iron ore; or 15.26 (3) cost-savings production improvements at Minnesota 15.27 taconite plants. 15.28 An amount equal to the sum of money transferred to the 15.29 general fund under section 92.223, subdivision 2, is annually 15.30 appropriated from the general fund to the board of regents of 15.31 the University of Minnesota for the purposes of this section, 15.32 except for fiscal years 2003 and thereafter, the amount 15.33 appropriated is reduced by $100,000 annually. 15.34 Sec. 17. Minnesota Statutes 2001 Supplement, section 15.35 115A.545, subdivision 2, is amended to read: 15.36 Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay 16.1 counties a processing payment for each ton of mixed municipal 16.2 solid waste that is generated in the county and processed at a 16.3 resource recovery facility located in Minnesota. The processing 16.4 payment shall be $5 for each ton of mixed municipal solid waste 16.5 processed. 16.6 (b) By the last day of October, January, April, and July, 16.7 each county claiming the processing payment shall file a claim 16.8 for payment with the director for the three previous months 16.9 certifying the number of tons of mixed municipal solid waste 16.10 that were generated in the county and processed at a resource 16.11 recovery facility. The director shall pay the processing 16.12 payments by November 15, February 15, May 15, and August 15 each 16.13 year. 16.14 (c) If the total amount for which all counties are eligible 16.15 in a quarter exceeds the amount available for payment, the 16.16 director shall make the payments on a pro rata basis. 16.17 (d) All of the money received by a county under this 16.18 sectionmust be used to lower the tipping fee for waste to be16.19processed at a resource recovery facilitymay only be used for 16.20 the development and implementation of programs to: 16.21 (1) reduce the amount of solid waste generated; 16.22 (2) recycle the maximum amount of waste technically 16.23 feasible; 16.24 (3) create and support markets for recycled products; 16.25 (4) remove problem materials from the solid waste stream 16.26 and develop proper disposal options for them; 16.27 (5) inform and educate all sectors of the public about 16.28 proper solid waste management procedures; 16.29 (6) provide technical assistance to public and private 16.30 entities to ensure proper solid waste management; 16.31 (7) provide educational, technical, and financial 16.32 assistance for litter prevention; and 16.33 (8) process mixed municipal solid waste generated in the 16.34 county at a resource recovery facility located in Minnesota. 16.35 Sec. 18. Laws 2000, chapter 488, article 3, section 7, is 16.36 amended to read: 17.1 Sec. 7. MINNESOTA RESOURCES 17.2 The availability of the appropriation 17.3 for the following project is extended 17.4 to June 30, 2002: Laws 1997, chapter 17.5 216, section 15, subdivision 4, 17.6 paragraph (c), clause (3), local 17.7 initiatives grants program. $250,000 17.8 is to provide matching funds for an 17.9 ISTEA grant and to provide acquisition 17.10 and engineering costs for a proposed 17.11 trail between the city of Pelican 17.12 Rapids and Maplewood state 17.13 park. $35,000 of this appropriation 17.14 cancels and is transferred to the 17.15 general fund. 17.16 The availability of the appropriation 17.17 for the following project is extended 17.18 to June 30, 2001: Laws 1997, chapter 17.19 216, section 15, subdivision 4, 17.20 paragraph (b), metropolitan regional 17.21 park system, for the portion related to 17.22 Hyland-Bush-Anderson Lake Park Reserve 17.23 development. 17.24 Sec. 19. Laws 2001, First Special Session chapter 2, 17.25 section 5, subdivision 2, is amended to read: 17.26 Subd. 2. Land and Mineral Resources Management 17.277,079,0007,273,00017.28 6,998,000 7,095,000 17.29 Summary by Fund 17.30 General6,500,0006,679,00017.31 6,419,000 6,501,000 17.32 Natural Resources 152,000 156,000 17.33 Game and Fish 427,000 438,000 17.34$307,000$249,000 the first year and 17.35$308,000$275,000 the second year are 17.36 for iron ore cooperative research, of 17.37 which$200,000$180,000 the first year 17.38 and$200,000$180,000 the second year 17.39 are available only as matched by $1 of 17.40 nonstate money for each $1 of state 17.41 money. Any unencumbered balance 17.42 remaining in the first year does not 17.43 cancel but is available for the second 17.44 year. 17.45$370,000$360,000 the first year and 17.46$372,000$342,000 the second year are 17.47 for mineral diversification. 17.48$100,000$90,000 the first year and 17.49$101,000$86,000 the second year are 17.50 for minerals cooperative environmental 17.51 research, of which$50,000$45,000 the 17.52 first year and$50,500$45,000 the 17.53 second year are available only as 17.54 matched by $1 of nonstate money for 17.55 each $1 of state money. Any 17.56 unencumbered balance remaining in the 18.1 first year does not cancel but is 18.2 available for the second year. 18.3 Sec. 20. Laws 2001, First Special Session chapter 2, 18.4 section 5, subdivision 4, is amended to read: 18.5 Subd. 4. Forest Management 18.636,637,00037,259,00018.7 36,279,000 36,160,000 18.8 Summary by Fund 18.9 General36,337,00036,959,00018.10 35,979,000 35,860,000 18.11 Game and Fish 300,000 300,000 18.12 $6,000,000 the first year and 18.13 $6,000,000 the second year are for 18.14 presuppression and suppression costs of 18.15 emergency fire fighting and other costs 18.16 incurred under Minnesota Statutes, 18.17 section 88.12, subdivision 2, related 18.18 to search and rescue operations. If 18.19 the appropriation for either year is 18.20 insufficient to cover all costs of 18.21 suppression and search and rescue 18.22 operations, the amount necessary to pay 18.23 for these costs during the biennium is 18.24 appropriated from the general fund. By 18.25 November 15 of each year, the 18.26 commissioner of natural resources shall 18.27 submit a report to the chairs of the 18.28 house of representatives ways and means 18.29 committee, the senate finance 18.30 committee, the environment and 18.31 agriculture budget division of the 18.32 senate finance committee, and the house 18.33 of representatives environment and 18.34 natural resources finance committee, 18.35 identifying all firefighting costs 18.36 incurred and reimbursements received in 18.37 the prior fiscal year. The report must 18.38 be in a format agreed to by the house 18.39 environment finance committee chair, 18.40 the senate environment budget division 18.41 chair, the department, and the 18.42 department of finance. These 18.43 appropriations may not be transferred. 18.44 Any reimbursement of firefighting 18.45 expenditures made to the commissioner 18.46 from any source other than federal 18.47 mobilizations shall be deposited into 18.48 the general fund. 18.49 $730,000 the first year 18.50 and$736,000$436,000 the second year 18.51 are for programs and practices on 18.52 state, county, and private lands to 18.53 regenerate and protect Minnesota's 18.54 white pine. Up to $280,000 of the 18.55 appropriation ineachthe first year 18.56 and up to $75,000 in the second year 18.57 may be used by the commissioner to 18.58 provide 50 percent matching funds to 18.59 implement cultural practices for white 18.60 pine management on nonindustrial, 19.1 private forest lands at rates specified 19.2 in the Minnesota stewardship incentives 19.3 program manual. Up to $150,000 of the 19.4 appropriation ineachthe first year 19.5 and up to $100,000 in the second year 19.6 may be used by the commissioner to 19.7 provide funds to implement cultural 19.8 practices for white pine management on 19.9 county-administered lands through grant 19.10 agreements with individual counties,19.11with priorities for areas that19.12experienced wind damage in July 1995.19.13$40,000 each year is for a study of the19.14natural regeneration process of white19.15pine. The remainder of the funds in 19.16 each fiscal year will be available to 19.17 the commissioner for white pine 19.18 regeneration and protection on 19.19 department-administered lands. 19.20 Notwithstanding Minnesota Statutes, 19.21 section 16A.28, the appropriations 19.22 encumbered under contract on or before 19.23 June 30, 2003, for the forest health, 19.24 white pine, stewardship, and MnReleaf 19.25 grants in this subdivision are 19.26 available until June 30, 2004. 19.27 $64,000 the first year and $65,000 the 19.28 second year are for the focus on 19.29 community forests program, to provide 19.30 communities with natural resources 19.31 technical assistance. 19.32 $1,800,000 the first year and 19.33 $1,900,000 the second year are to be 19.34 used as follows: 19.35 (1) $375,000 the first year and 19.36 $375,000 the second year are for field 19.37 services; 19.38 (2) $625,000 the first year and 19.39 $625,000 the second year are for timber 19.40 sales; and 19.41 (3) $800,000 the first year and 19.42$900,000$200,000 the second year are 19.43 for the forest resources council for 19.44 implementation of the Sustainable 19.45 Forest Resources Act. 19.46 Funds in the second year must be 19.47 matched by $500,000 from other 19.48 sources. If the match is not met, this 19.49 appropriation is available to the 19.50 forest management program. 19.51 $100,000 the first year is for a 19.52 contract to develop and implement a 19.53 master logger certification program. 19.54 The master logger certification program 19.55 must use, to the extent practicable, 19.56 existing logger education and training 19.57 programs, and must be available to all 19.58 loggers in the state. To the extent 19.59 possible, the program must be 19.60 consistent with other forest 19.61 certification programs operating in the 19.62 state. The commissioner shall appoint 19.63 a committee to provide oversight in the 20.1 development and implementation of the 20.2 program. The performance and 20.3 enforcement standards of the program 20.4 must be consistent with the site-level 20.5 forest management guidelines developed 20.6 under Minnesota Statutes, section 20.7 89A.05. 20.8 $400,000 the first year and $400,000 20.9 the second year are for the FORIST 20.10 timber management information system 20.11 and for increased forestry management. 20.12 $300,000 the first year and $300,000 20.13 the second year are from the game and 20.14 fish fund for matching grants to 20.15 protect native oak forests from oak 20.16 wilt. This is a one-time appropriation 20.17 and is from revenue deposited to the 20.18 game and fish fund under Minnesota 20.19 Statutes, section 297A.94, paragraph 20.20 (e), clause (1). 20.21 Sec. 21. Laws 2001, First Special Session chapter 2, 20.22 section 5, subdivision 5, is amended to read: 20.23 Subd. 5. Parks and Recreation 20.24 Management 20.2540,295,00041,218,00020.26 40,216,000 39,851,000 20.27 Summary by Fund 20.28 General23,452,00024,023,00020.29 23,373,000 22,656,000 20.30 Natural Resources 16,843,000 17,195,000 20.31 $638,000 the first year and $640,000 20.32 the second year are from the water 20.33 recreation account in the natural 20.34 resources fund for state park 20.35 development projects. If the 20.36 appropriation in either year is 20.37 insufficient, the appropriation for the 20.38 other year is available for it. 20.39 $4,000,000 the first year and 20.40$4,000,000$3,200,000 the second year 20.41 are for payment of a grant to the 20.42 metropolitan council for metropolitan 20.43 area regional parks maintenance and 20.44 operations. The portion of this 20.45 appropriation allocated to the 20.46 Minneapolis park and recreation board 20.47 includes money for the Bassett's Creek 20.48 trail to connect the Cedar Lake trail 20.49 and the Luce Line trail. 20.50 $247,000 the first year and $253,000 20.51 the second year are for state forest 20.52 campground operations. 20.53 $4,103,000 the first year and 20.54 $4,453,000 the second year are from the 20.55 natural resources fund for state park 20.56 and recreation area operations and 21.1 acquisition. This appropriation is 21.2 from the revenue deposited to the 21.3 natural resources fund under Minnesota 21.4 Statutes, section 297A.94, paragraph 21.5 (e), clause (2). Of this amount: 21.6 (1) $1,805,000 the first year and 21.7 $1,805,000 the second year are to 21.8 restore camping and day use in state 21.9 parks, make camping available in the 21.10 spring and fall, provide maintenance to 21.11 the facilities and security for park 21.12 visitors, and partially fund winter 21.13 operations; 21.14 (2) $280,000 the first year and 21.15 $290,000 the second year are to fund 21.16 state park emergency maintenance 21.17 projects; 21.18 (3) $413,000 the first year and 21.19 $413,000 the second year are to fund 21.20 state park resource management 21.21 activities; 21.22 (4) $185,000 the first year is to fund 21.23 the purchase of the campground 21.24 manager/point-of-sale system for 28 21.25 state parks; 21.26 (5) $100,000 the first year and 21.27 $100,000 the second year are to make 21.28 improvements to the state park Web site 21.29 and provide additional state park 21.30 informational brochures and more state 21.31 park maps; 21.32 (6) $50,000 the first year and $50,000 21.33 the second year are to replace 21.34 computers in the field and regional 21.35 office locations according to 21.36 department standards; 21.37 (7) $75,000 the first year is to 21.38 complete master plans for both Big Bog 21.39 and Red River state recreation areas; 21.40(8) $600,000 the second year is for21.41operating costs, including fisheries21.42management, of the Red River state21.43recreation area;21.44(9) $200,000 the first year and21.45$200,000 the second year are for21.46operating costs of the Big Bog state21.47recreation area; and21.48(10) $995,000 the first year and21.49$995,000 the second year are for21.50acquisition of in-holdings for state21.51parks and recreation areas.21.52 The appropriations in clauses (2) to 21.53(10)(7) are one-time appropriations. 21.54 $4,130,000 the first year and 21.55 $5,130,000 the second year are from the 21.56 natural resources fund for a grant to 21.57 the metropolitan council for 21.58 metropolitan area regional parks and 21.59 trails maintenance and operations. 22.1 This appropriation is from the revenue 22.2 deposited to the natural resources fund 22.3 under Minnesota Statutes, section 22.4 297A.94, paragraph (e), clause (3). 22.5 $1,000,000 the first year is from the 22.6 natural resources fund for a grant to 22.7 the city of St. Paul to restore East 22.8 Como Lake trail and lakeshore in Como 22.9 Park. The money is available until 22.10 expended. This appropriation is from 22.11 the revenue deposited to the natural 22.12 resources fund under Minnesota 22.13 Statutes, section 297A.94, paragraph 22.14 (e), clause (3). 22.15 Sec. 22. Laws 2001, First Special Session chapter 2, 22.16 section 5, subdivision 6, is amended to read: 22.17 Subd. 6. Trails and Waterways 22.18 Management 22.1919,263,00019,616,00022.20 19,075,000 19,737,000 22.21 Summary by Fund 22.22 General2,053,0002,083,00022.23 1,865,000 1,906,000 22.24 Natural Resources 16,315,00016,223,00022.25 16,521,000 22.26 Game and Fish 895,000 1,310,000 22.27 $4,424,000 the first year and 22.28 $4,424,000 the second year are from the 22.29 snowmobile trails and enforcement 22.30 account in the natural resources fund 22.31 for snowmobile grants-in-aid. 22.32 $600,000 each year is dedicated to the 22.33 grant-in-aid system from the snowmobile 22.34 trails and enforcement account in the 22.35 natural resources fund made available 22.36 by the increase to one percent in the 22.37 unrefunded gas tax for snowmobile 22.38 activity. 22.39 Notwithstanding Minnesota Statutes, 22.40 section 16A.28, the appropriations 22.41 encumbered under contract on or before 22.42 June 30, 2003, for the snowmobile, 22.43 all-terrain vehicle, off-highway 22.44 vehicle, and off-road vehicle grants in 22.45 this subdivision are available until 22.46 June 30, 2004. 22.47 $259,000 the first year and $261,000 22.48 the second year are from the water 22.49 recreation account in the natural 22.50 resources fund for a safe harbor 22.51 program on Lake Superior. 22.52 $852,000 the first year and $852,000 22.53 the second year are from the natural 22.54 resources fund for state trail 23.1 operations. This appropriation is from 23.2 the revenue deposited to the natural 23.3 resources fund under Minnesota 23.4 Statutes, section 297A.94, paragraph 23.5 (e), clause (2). This is a one-time 23.6 appropriation. 23.7 $684,000 the first year and $684,000 23.8 the second year are from the natural 23.9 resources fund for trail grants to 23.10 local units of government on land to be 23.11 maintained for at least 20 years for 23.12 the purposes of the grant. This 23.13 appropriation is from the revenue 23.14 deposited to the natural resources fund 23.15 under Minnesota Statutes, section 23.16 297A.94, paragraph (e), clause (4). 23.17 This is a one-time appropriation. 23.18 The appropriation from the general fund 23.19 of $1,400,000 authorized in Laws 1998, 23.20 chapter 404, section 7, subdivision 26, 23.21 for Skunk Hollow trail in Yellow 23.22 Medicine and Chippewa counties is 23.23 reappropriated for the purpose of 23.24 developing the Minnesota River trail 23.25 under Minnesota Statutes, section 23.26 85.015, subdivision 22. 23.27 $300,000 the first year and $300,000 23.28 the second year are from the water 23.29 recreation account in the natural 23.30 resources fund for preconstruction, 23.31 acquisition, and staffing needs for the 23.32 Mississippi Whitewater trail authorized 23.33 by Minnesota Statutes, section 23.34 85.0156. This is a one-time 23.35 appropriation. 23.36 $150,000 the first year is from the 23.37 water recreation account in the natural 23.38 resources fund for necessary 23.39 improvements and repairs at the Knife 23.40 river harbor of refuge and marina. 23.41 This appropriation is available until 23.42 spent. 23.43 $100,000 the first year is from the 23.44 water recreation account in the natural 23.45 resources fund for an inventory of the 23.46 Red River of the North, to make 23.47 recommendations to the legislature on 23.48 the cost of improvements necessary for 23.49 the canoe and boating route on the 23.50 river, and for mapping and signing the 23.51 lower portion of the river from 23.52 Breckenridge to Georgetown. 23.53 Sec. 23. Laws 2001, First Special Session chapter 2, 23.54 section 5, subdivision 7, is amended to read: 23.55 Subd. 7. Fish Management 23.5627,692,00028,948,00023.57 27,418,000 28,773,000 23.58 Summary by Fund 23.59 General646,000660,00024.1 372,000 485,000 24.2 Natural Resources 191,000 197,000 24.3 Game and Fish 26,855,000 28,091,000 24.4 $222,000 the first year and $227,000 24.5 the second year are for resource 24.6 population surveys in the 1837 treaty 24.7 area. Of this amount, $84,000 the 24.8 first year and $85,000 the second year 24.9 are from the game and fish fund. 24.10$303,000$29,000 the first year and 24.11$311,000$211,000 the second year are 24.12 for the reinvest in Minnesota programs 24.13 of game and fish, critical habitat, and 24.14 wetlands established under Minnesota 24.15 Statutes, section 84.95, subdivision 2. 24.16 $666,000 the first year and $671,000 24.17 the second year are from the trout and 24.18 salmon management account for only the 24.19 purposes specified in Minnesota 24.20 Statutes, section 97A.075, subdivision 24.21 3. 24.22 $205,000 the first year 24.23 and$207,000$132,000 the second year 24.24 are available for aquatic plant 24.25 restoration. 24.26 $4,735,000 the first year and 24.27 $5,451,000 the second year are from the 24.28 heritage enhancement account in the 24.29 game and fish fund for only the 24.30 purposes specified in Minnesota 24.31 Statutes, section 297A.94, paragraph 24.32 (e), clause (1). This appropriation is 24.33 from the revenue deposited to the game 24.34 and fish fund under Minnesota Statutes, 24.35 section 297A.94, paragraph (e), clause 24.36 (1). Of this amount: 24.37 (1) $1,980,000 the first year and 24.38 $1,980,000 the second year are to carry 24.39 out projects such as installing lake 24.40 aeration systems, removing access 24.41 barriers for physically disabled 24.42 anglers, building fishing piers, 24.43 modifying dams, constructing rough fish 24.44 barriers, conducting creel surveys, 24.45 improving streams, improving spawning 24.46 areas, repairing hatcheries and rearing 24.47 ponds, stabilizing lake shorelines, and 24.48 acquiring aquatic management areas and 24.49 trout stream easements; and to provide 24.50 field offices with some discretionary 24.51 money for local habitat improvements 24.52 and restorations in partnership with 24.53 local stakeholders and other department 24.54 units, for lake and stream surveys and 24.55 assessments, and for equipment to do 24.56 field projects; 24.57 (2) $250,000 the first year and 24.58 $250,000 the second year are to provide 24.59 more fishing opportunities for children 24.60 and other anglers on small lakes and 24.61 ponds in the Twin Cities metropolitan 24.62 area; 25.1 (3) $150,000 the first year and 25.2 $150,000 the second year are to protect 25.3 and restore aquatic vegetation and 25.4 other aquatic habitat in cooperation 25.5 with local stakeholders; 25.6 (4) $500,000 the first year and 25.7 $500,000 the second year are for asset 25.8 preservation and improvement of state 25.9 fish hatcheries and rearing ponds; 25.10 (5) $500,000 the first year and 25.11 $500,000 the second year are for 25.12 acquisitions of the division of 25.13 fisheries' highest priority 25.14 acquisitions; 25.15 (6) $150,000 the first year and 25.16 $150,000 the second year are to 25.17 maintain funding for three field 25.18 positions to do fish management 25.19 activities including fish culture and 25.20 stocking, lake and stream monitoring, 25.21 and habitat improvement; 25.22 (7) $553,000 the first year and 25.23 $553,000 the second year are for 25.24 accelerated walleye stocking; 25.25 (8) $134,000 the first year is for 25.26 restoration and aeration of Powderhorn 25.27 Lake in Minneapolis; 25.28 (9) $850,000 the second year is to make 25.29 grants from the stream protection and 25.30 improvement loan program under 25.31 Minnesota Statutes, section 103G.705; 25.32 and 25.33 (10) $518,000 the first year and 25.34 $518,000 the second year are available 25.35 for aquatic plant restoration. 25.36 The appropriations in clauses (1), 25.37 except for $950,000 each year, (2) to 25.38 (5), and (8) to (10) are one-time 25.39 appropriations. 25.40 The division of fisheries shall provide 25.41 a written report to the chairs of the 25.42 house and senate natural resources 25.43 policy and finance committees by 25.44 January 1, 2003, on how the accelerated 25.45 walleye stocking money was spent, 25.46 including, but not limited to, lakes 25.47 that were stocked and the amount of 25.48 fry, frylings, or fingerlings stocked. 25.49 Notwithstanding Minnesota Statutes, 25.50 section 16A.28, the appropriations 25.51 encumbered under contract on or before 25.52 June 30, 2003, for the aquatic 25.53 restoration grants in this subdivision 25.54 are available until until June 30, 2004. 25.55 Sec. 24. Laws 2001, First Special Session chapter 2, 25.56 section 5, subdivision 8, is amended to read: 25.57 Subd. 8. Wildlife Management 26.122,948,00023,521,00026.2 22,723,000 22,911,000 26.3 Summary by Fund 26.4 General1,636,0001,655,00026.5 1,411,000 1,545,000 26.6 Game and Fish 21,312,00021,866,00026.7 21,366,000 26.8 $106,000 the first year and $106,000 26.9 the second year are for resource 26.10 population surveys in the 1837 treaty 26.11 area. Of this amount, $26,000 the 26.12 first year and $26,000 the second year 26.13 are from the game and fish fund. 26.14 $552,000 the first year and $565,000 26.15 the second year are for the reinvest in 26.16 Minnesota programs of game and fish, 26.17 critical habitat, and wetlands 26.18 established under Minnesota Statutes, 26.19 section 84.95, subdivision 2. 26.20 $1,419,000 the first year and 26.21 $1,430,000 the second year are from the 26.22 wildlife acquisition surcharge account 26.23 for only the purposes specified in 26.24 Minnesota Statutes, section 97A.071, 26.25 subdivision 2a. 26.26 $1,245,000 the first year and 26.27 $1,269,000 the second year are from the 26.28 deer habitat improvement account for 26.29 only the purposes specified in 26.30 Minnesota Statutes, section 97A.075, 26.31 subdivision 1, paragraph (b). 26.32 $147,000 the first year and $148,000 26.33 the second year are from the deer and 26.34 bear management account for only the 26.35 purposes specified in Minnesota 26.36 Statutes, section 97A.075, subdivision 26.37 1, paragraph (c). 26.38 $699,000 the first year and $708,000 26.39 the second year are from the waterfowl 26.40 habitat improvement account for only 26.41 the purposes specified in Minnesota 26.42 Statutes, section 97A.075, subdivision 26.43 2. 26.44 $546,000 the first year and $546,000 26.45 the second year are from the pheasant 26.46 habitat improvement account for only 26.47 the purposes specified in Minnesota 26.48 Statutes, section 97A.075, subdivision 26.49 4. In addition to the purposes 26.50 specified in Minnesota Statutes, 26.51 section 97A.075, subdivision 4, this 26.52 appropriation may be used for pheasant 26.53 restocking efforts. 26.54 $308,000 the first year and $313,000 26.55 the second year are from the game and 26.56 fish fund for activities relating to 26.57 reduction and prevention of property 27.1 damage by wildlife. $50,000 each year 27.2 is for emergency damage abatement 27.3 materials. 27.4 $8,000 the first year and $8,000 the 27.5 second year are from the game and fish 27.6 fund for the wild turkey management 27.7 program. This amount shall be included 27.8 in the department's base to be 27.9 transferred to the wild turkey 27.10 management account and is appropriated 27.11 for purposes under Minnesota Statutes, 27.12 section 97A.075, subdivision 5. 27.13 $86,000 the first year and $87,000 the 27.14 second year are from the wild turkey 27.15 management account for only the 27.16 purposes specified in Minnesota 27.17 Statutes, section 97A.075, subdivision 27.18 5. 27.19 $3,060,000 the first year and 27.20 $3,265,000 the second year are from the 27.21 heritage enhancement account in the 27.22 game and fish fund for only the 27.23 purposes specified in Minnesota 27.24 Statutes, section 297A.94, paragraph 27.25 (e), clause (1). This appropriation is 27.26 from the revenue deposited to the game 27.27 and fish fund under Minnesota Statutes, 27.28 section 297A.94, paragraph (e), clause 27.29 (1). Of this amount: 27.30 (1) $250,000 the first year and 27.31 $250,000 the second year are for 27.32 prescribed burning of grassland, 27.33 wetland, and forest habitats; 27.34 (2) $250,000 the first year and 27.35 $225,000 the second year are for 27.36 prairie grassland development including 27.37 the restoration of native species of 27.38 grasses and forbs on public lands and 27.39 for the improvement of existing stands 27.40 through interseeding and other 27.41 practices to improve stand diversity; 27.42 (3) $200,000 the first year and 27.43 $200,000 the second year are for the 27.44 development of forest openings and to 27.45 enhance mast production, regenerate 27.46 stands, improve thermal cover in order 27.47 to maintain healthy sustainable forest 27.48 wildlife populations, and improve 27.49 wildlife-related recreational 27.50 opportunities in forest habitats; 27.51 (4) $300,000 the first year and 27.52 $225,000 the second year are for 27.53 restoration of drained wetland basins 27.54 and improvement of existing basins 27.55 through water level maintenance and 27.56 water control structures to maintain 27.57 and improve habitats for wetland 27.58 dependent wildlife; 27.59 (5) $300,000 the first year and 27.60 $300,000 the second year are for the 27.61 completion of applied management 27.62 research and monitoring projects for 27.63 wetlands and forest wildlife 28.1 populations; 28.2 (6) $95,000 the first year and $400,000 28.3 the second year are for the state of 28.4 Minnesota to assume management of the 28.5 wolf, including monitoring wolf 28.6 populations, conducting cooperative 28.7 wolf depredation management, conducting 28.8 telemetry, and other applied research 28.9 and includes funding for a cooperative 28.10 agreement for depredation management 28.11 with United States Department of 28.12 Agriculture Wildlife Services. 28.13 $305,000 the second year is only 28.14 available if the federal government 28.15 finalizes delisting the wolf from 28.16 protection under the Endangered Species 28.17 Act of 1973; 28.18 (7) $125,000 the first year and 28.19 $125,000 the second year are for the 28.20 shearing and burning of brushland 28.21 habitats to maintain and improve high 28.22 priority brushland ecosystems on public 28.23 and private lands across northern 28.24 Minnesota for sharp-tailed grouse, 28.25 moose, deer, and many other species 28.26 dependent on these areas; 28.27 (8) $1,000,000 the first year and 28.28$1,000,000$500,000 the second year are 28.29 for development and rehabilitation of 28.30 wildlife management area lands and 28.31 includes boundary surveys and posting, 28.32 site cleanup and erosion control, 28.33 access development, and appropriate 28.34 cover establishment for wildlife 28.35 habitat. $945,000 the first year and 28.36$950,000$450,000 the second year are 28.37 available for grants to local outdoor 28.38 sports clubs for habitat improvement 28.39 projects on wildlife management area 28.40 lands; 28.41 (9) $35,000 the first year and $35,000 28.42 the second year are for waterfowl 28.43 development in Canada as authorized in 28.44 Minnesota Statutes, section 97A.127; 28.45 (10) $30,000 the first year and $30,000 28.46 the second year are to provide funds to 28.47 match private contributions for the 28.48 purpose of completing the capture, 28.49 relocation, and monitoring of prairie 28.50 chickens being reintroduced in west 28.51 central Minnesota; and 28.52 (11) $475,000 the first year and 28.53 $475,000 the second year are for 28.54 statewide technical assistance to 28.55 improve wildlife habitats on private 28.56 lands, including vegetation 28.57 establishment, management, and 28.58 stewardship planning, and other 28.59 wildlife habitat development and 28.60 management techniques. 28.61 The appropriations in clauses (1) to 28.62 (11) are one-time appropriations. 28.63 $13,000 the first year and $13,000 the 29.1 second year are to publicize the 29.2 critical habitat license plate match 29.3 program. 29.4 Notwithstanding Minnesota Statutes, 29.5 section 16A.28, the appropriations 29.6 encumbered under contract on or before 29.7 June 30, 2003, for the wildlife habitat 29.8 grants in this subdivision are 29.9 available until June 30, 2004. 29.10 Sec. 25. Laws 2001, First Special Session chapter 2, 29.11 section 5, subdivision 9, is amended to read: 29.12 Subd. 9. Ecological Services 29.139,882,0009,058,00029.14 9,790,000 9,207,000 29.15 Summary by Fund 29.16 General3,740,0003,812,00029.17 3,648,000 3,768,000 29.18 Natural Resources 1,979,0002,013,00029.19 2,206,000 29.20 Game and Fish 4,163,000 3,233,000 29.21 $1,006,000 the first year and 29.22 $1,028,000 the second year are from the 29.23 nongame wildlife management account in 29.24 the natural resources fund for the 29.25 purpose of nongame wildlife management. 29.26 $254,000 the first year and $259,000 29.27 the second year are for population and 29.28 habitat objectives of the nongame 29.29 wildlife management program. 29.30 Notwithstanding Minnesota Statutes, 29.31 section 16A.28, the appropriations 29.32 encumbered under contract on or before 29.33 June 30, 2003, for the milfoil program 29.34 grants in this subdivision are 29.35 available until June 30, 2004. 29.36$593,000$571,000 the first year and 29.37$600,000$556,000 the second year are 29.38 for the reinvest in Minnesota programs 29.39 of game and fish, critical habitat, and 29.40 wetlands established under Minnesota 29.41 Statutes, section 84.95, subdivision 2. 29.42 $103,000 the first year and $105,000 29.43 the second year are for water 29.44 monitoring activities, including 29.45 integrated monitoring using biology, 29.46 chemistry, hydrology, and habitat 29.47 assessment for water quality assessment. 29.48 $12,000 the first year and $12,000 the 29.49 second year are to publicize the tax 29.50 donation checkoff to the nongame 29.51 wildlife program. 29.52 $970,000 the first year is from the 30.1 game and fish fund for the wildlife 30.2 conservation and restoration program. 30.3 This appropriation is for the planning 30.4 and implementation of a program that 30.5 addresses wildlife conservation and 30.6 restoration, wildlife conservation 30.7 education, and wildlife associated 30.8 recreation. 30.9 $1,406,000 the first year and 30.10 $1,406,000 the second year are from the 30.11 heritage enhancement account in the 30.12 game and fish fund for only the 30.13 purposes specified in Minnesota 30.14 Statutes, section 297A.94, paragraph 30.15 (e), clause (1). This appropriation is 30.16 from the revenue deposited to the game 30.17 and fish fund under Minnesota Statutes, 30.18 section 297A.94, paragraph (e), clause 30.19 (1). Of this amount: 30.20 (1) $650,000 the first year and 30.21 $650,000 the second year are to provide 30.22 funding for the Minnesota county 30.23 biological survey; 30.24 (2) $220,000 the first year and 30.25 $220,000 the second year are to expand 30.26 the field effort of the nongame 30.27 wildlife program; 30.28 (3) $187,000 the first year and 30.29 $187,000 the second year are to upgrade 30.30 the management of ecological 30.31 information to improve its 30.32 accessibility for habitat management 30.33 and land use planning activities; 30.34 (4) $74,000 the first year and $74,000 30.35 the second year are to expand native 30.36 prairie stewardship on private lands; 30.37 (5) $100,000 the first year and 30.38 $100,000 the second year are to develop 30.39 educational products that interpret 30.40 emerging natural resource research and 30.41 management information on river and 30.42 stream ecosystems and natural 30.43 communities; and 30.44 (6) $175,000 the first year and 30.45 $175,000 the second year are for 30.46 establishing benchmarks for using birds 30.47 as ecological indicators of forest 30.48 health. 30.49 The appropriations in clauses (1) to 30.50 (6) are one-time appropriations. 30.51 Sec. 26. Laws 2001, First Special Session chapter 2, 30.52 section 5, subdivision 10, is amended to read: 30.53 Subd. 10. Enforcement 30.5424,739,00025,221,00030.55 24,182,000 24,839,000 30.56 Summary by Fund 31.1 General3,741,0003,836,00031.2 3,184,000 3,454,000 31.3 Natural Resources 4,682,000 4,696,000 31.4 Game and Fish 16,216,000 16,589,000 31.5 Solid Waste 100,000 100,000 31.6 $1,082,000 the first year and 31.7 $1,082,000 the second year are from the 31.8 water recreation account in the natural 31.9 resources fund for grants to counties 31.10 for boat and water safety. 31.11 Notwithstanding Minnesota Statutes, 31.12 section 16A.28, appropriations 31.13 encumbered under contract on or before 31.14 June 30, 2003, for the boat and water 31.15 safety program are available until June 31.16 30, 2004. 31.17 $100,000 the first year and $100,000 31.18 the second year are from the solid 31.19 waste fund for solid waste enforcement 31.20 activities under Minnesota Statutes, 31.21 section 116.073. 31.22$315,000 the first year and $315,00031.23the second year are from the snowmobile31.24trails and enforcement account in the31.25natural resources fund for grants to31.26local law enforcement agencies for31.27snowmobile enforcement activities.31.28 $40,000 the first year and $40,000 the 31.29 second year are from the natural 31.30 resources fund for enforcement 31.31 activities relating to the iron range 31.32 off-highway vehicle recreation area. 31.33 Of the amount appropriated, $40,000 is 31.34 from the all-terrain vehicle account, 31.35 $32,000 is from the off-road vehicle 31.36 account, and $8,000 is from the 31.37 off-highway motorcycle account. 31.38 $131,000 the first year and $133,000 31.39 the second year are for protected class 31.40 employee recruitment and retention. 31.41 $1,434,000 the first year and 31.42 $1,444,000 the second year are from the 31.43 heritage enhancement account in the 31.44 game and fish fund for only the 31.45 purposes specified in Minnesota 31.46 Statutes, section 297A.94, paragraph 31.47 (e), clause (1). This appropriation is 31.48 from the revenue deposited to the game 31.49 and fish fund under Minnesota Statutes, 31.50 section 297A.94, paragraph (e), clause 31.51 (1). Of this amount: 31.52 (1) $664,000 the first year and 31.53 $664,000 the second year are for the 31.54 replacement of necessary equipment; 31.55 (2) $170,000 the first year and 31.56 $180,000 the second year are to offset 31.57 increased fuel costs; and 32.1 (3) $600,000 the first year and 32.2 $600,000 the second year are for basic 32.3 enforcement services including filling 32.4 officer vacancies. 32.5 The appropriations in clauses (1) to 32.6 (3) are one-time appropriations. 32.7 Overtime shall be distributed to 32.8 conservation officers at historical 32.9 levels; however, a reasonable reduction 32.10 or addition may be made to the 32.11 officer's allocation, if justified, 32.12 based on an individual officer's 32.13 workload. If funding for enforcement 32.14 is reduced because of an unallotment, 32.15 the overtime bank may be reduced in 32.16 proportion to reductions made in other 32.17 areas of the budget. 32.18 $369,000 the first year and $380,000 32.19 the second year are in addition to base 32.20 for hiring new conservation officers 32.21 after January 1, 2001. 32.22 $161,000 the first year and $130,000 32.23 the second year are from the 32.24 all-terrain vehicle account in the 32.25 natural resources fund for 32.26 administration of the all-terrain 32.27 vehicle environmental and safety 32.28 education and training program under 32.29 Minnesota Statutes, section 84.925. 32.30 For fiscal years 1998 to 2002, local 32.31 enforcement units may carry forward 32.32 unspent snowmobile safety enforcement 32.33 grant money. The grant money carried 32.34 forward must be spent directly on 32.35 identifiable snowmobile safety 32.36 activities according to Laws 1997, 32.37 chapter 216, section 5, subdivision 8; 32.38 Minnesota Statutes, chapter 84; and 32.39 Minnesota Rules, chapter 6100. All 32.40 grant money carried forward must be 32.41 expended by June 30, 2002. 32.42 Sec. 27. Laws 2001, First Special Session chapter 2, 32.43 section 5, subdivision 11, is amended to read: 32.44 Subd. 11. Operations Support 32.4533,292,00033,674,00032.46 32,478,000 30,193,000 32.47 Summary by Fund 32.48 General20,528,00020,656,00032.49 19,714,000 17,666,000 32.50 Natural Resources 4,405,0004,490,00032.51 3,999,000 32.52 Game and Fish 8,359,000 8,528,000 32.53 $413,000 the first year and $418,000 32.54 the second year are for technical 33.1 assistance and grants to assist local 33.2 government units and organizations in 33.3 the metropolitan area to acquire and 33.4 develop natural areas and greenways. 33.5 $556,000 the first year and $572,000 33.6 the second year are for the community 33.7 assistance program to provide for 33.8 technical assistance and regional 33.9 resource enhancement grants. 33.10$2,538,000$2,038,000 the first year 33.11 and$2,595,000$0 the second year are 33.12 for the operations of the youth 33.13 programs. Of these amounts, $478,000 33.14 the first year and$491,000$0 the 33.15 second year are from the natural 33.16 resources fund. 33.17 Notwithstanding Minnesota Statutes, 33.18 section 16A.28, the appropriations 33.19 encumbered under contract on or before 33.20 June 30, 2003, for the metro greenways, 33.21 Red River, and community assistance 33.22 program grants in this subdivision are 33.23 available until June 30, 2004. 33.24 The commissioner may contract with and 33.25 make grants to nonprofit agencies to 33.26 carry out the purposes, plans, and 33.27 programs of the office of youth 33.28 programs, Minnesota Conservation Corps. 33.29 $304,000 the first year and $304,000 33.30 the second year are from the natural 33.31 resources fund for grants to be divided 33.32 equally between the city of St. Paul 33.33 for the Como Zoo and Conservatory and 33.34 the city of Duluth Zoo. This 33.35 appropriation is from the revenue 33.36 deposited to the natural resources fund 33.37 under Minnesota Statutes, section 33.38 297A.94, paragraph (e), clause (5). 33.39 This is a one-time appropriation. 33.40 $199,000 the first year is for grants 33.41 to Cook, Lake, and St. Louis counties 33.42 for emergency communications 33.43 equipment. This appropriation is 33.44 available until spent. Of this amount, 33.45 $106,000 is for a grant to Cook county 33.46 for a communications system upgrade and 33.47 development of radio paths along the 33.48 north shore of Lake Superior; $47,000 33.49 is for a grant to Lake county to 33.50 upgrade the existing communications 33.51 tower in the Two Harbors area; and 33.52 $46,000 is for a grant to St. Louis 33.53 county to enhance the emergency 33.54 alerting system by installing a 33.55 dispatching transmitter in the Crane 33.56 Lake area. 33.57 Sec. 28. Laws 2001, First Special Session chapter 2, 33.58 section 6, is amended to read: 33.59 Sec. 6. BOARD OF WATER AND 33.60 SOIL RESOURCES19,054,00018,936,00033.61 18,565,400 16,125,400 34.1$5,480,000$4,991,400 the first year 34.2 and$5,268,000$4,779,400 the second 34.3 year are for natural resources block 34.4 grants to local governments to 34.5 implement comprehensive local water 34.6 planning, the Wetland Conservation Act, 34.7 and the Shoreland Management Act. Of 34.8 this amount, $50,000 the first year is 34.9 for a grant to the North Shore 34.10 management board, $35,000 the first 34.11 year is for a grant to the St. Louis 34.12 river board, $100,000 the first year is 34.13 for a grant to the Minnesota river 34.14 basin joint powers board, and $27,000 34.15 the first year is for a grant to the 34.16 southeast Minnesota resources board. 34.17 The board shall reduce the amount of 34.18 the natural resource block grant to a 34.19 county by an amount equal to any 34.20 reduction in the county's general 34.21 services allocation to a soil and water 34.22 conservation district from the county's 34.23 previous year allocation. 34.24Grants must be matched with a34.25combination of local cash or in-kind34.26contributions.Thebasegrant portion 34.27 related to water planning must be 34.28 matched by an amount that would be 34.29 raised by a levy under Minnesota 34.30 Statutes, section 103B.3369. 34.31 $3,967,000 the first year and 34.32$4,037,000$3,838,700 the second year 34.33 are for grants to soil and water 34.34 conservation districts for general 34.35 purposes, nonpoint engineering, and 34.36 implementation of the reinvest in 34.37 Minnesota (RIM) conservation reserve 34.38 program. Upon approval of the board, 34.39 expenditures may be made from these 34.40 appropriations for supplies and 34.41 services benefiting soil and water 34.42 conservation districts. 34.43 $4,730,000 the first year 34.44 and$4,735,000$3,183,300 the second 34.45 year are for grants to soil and water 34.46 conservation districts for cost-sharing 34.47 contracts for erosion control and water 34.48 quality management. Cost-share funds 34.49 carried over to the second year in the 34.50 amount of $499,800 are canceled. Of 34.51 this amount, at least $2,110,000 the 34.52 first year and $2,115,000 the second 34.53 year are for grants for cost-sharing 34.54 contracts for water quality management 34.55 on feedlots. 34.56 $189,000 the first year and$189,00034.57 $140,000 the second year are for grants 34.58 to watershed districts and other local 34.59 units of government in the southern 34.60 Minnesota River basin study area 2 for 34.61 floodplain management. If the 34.62 appropriation in either year is 34.63 insufficient, the appropriation in the 34.64 other year is available for it. 34.65 $463,000 the first year and $476,000 35.1 the second year are for the 35.2 administrative costs of easement and 35.3 grant programs. 35.4 Any unencumbered balance in the board's 35.5 program of grants does not cancel at 35.6 the end of the first year and is 35.7 available for the second year for the 35.8 same grant program. This appropriation 35.9 is available until expended. If the 35.10 appropriation in either year is 35.11 insufficient, the appropriation in the 35.12 other year is available for it. 35.13 $100,000 the first year is to reimburse 35.14 the town of West Newton in Nicollet 35.15 county for costs the town has incurred 35.16 in construction of the St. George 35.17 community wastewater treatment system 35.18 using wetlands to treat wastewater from 35.19 23 properties. The reimbursement is 35.20 for the cost of installing additional 35.21 treatment components that were not part 35.22 of the originally planned project and 35.23 resulted in excessive costs to 35.24 homeowners. The reimbursement must be 35.25 used to reduce the bonded indebtedness 35.26 of the town of West Newton for the St. 35.27 George community wastewater treatment 35.28 system. 35.29 For the second year, a soil and water 35.30 conservation district that receives a 35.31 reduction in its cost-share and general 35.32 services allocation may choose to apply 35.33 the reduction to either of its 35.34 cost-share or its general services 35.35 allocation. 35.36 Sec. 29. Laws 2001, First Special Session chapter 2, 35.37 section 14, subdivision 5, is amended to read: 35.38 Subd. 5. Recreation 15,913,000 7,267,000 35.39 Summary by Fund 35.40 Future Resources 35.41 Fund 8,986,000 340,000 35.42 Trust Fund 6,927,000 6,927,000 35.43 (a) Metropolitan Regional 35.44 Parks Acquisition, 35.45 Rehabilitation, and Development 35.46 $2,823,000 the first and $2,822,000 the 35.47 second year are from the trust fund to 35.48 the commissioner of natural resources 35.49 for an agreement with the metropolitan 35.50 council for subgrants for acquisition, 35.51 development, and rehabilitation in the 35.52 metropolitan regional park system, 35.53 consistent with the metropolitan 35.54 council regional recreation open space 35.55 capital improvement plan. This 35.56 appropriation may not be used for the 35.57 purchase of residential structures. 35.58 This appropriation may be used to 35.59 reimburse implementing agencies for 35.60 acquisition of nonresidential property 36.1 as expressly approved in the work 36.2 program. This appropriation is 36.3 available until June 30, 2004, at which 36.4 time the project must be completed and 36.5 final products delivered, unless an 36.6 earlier date is specified in the work 36.7 program. 36.8 (b) Local Grants Initiative: 36.9 Program Outdoor Recreation 36.10 Grants 36.11 $1,614,000 the first year and 36.12 $1,765,000 the second year are from the 36.13 trust fund and$1,701,000$701,000 is 36.14 from the future resources fund to the 36.15 commissioner of natural resources for 36.16 matching grants: 36.17 (1) for regional parks outside the 36.18 metropolitan area as defined in 36.19 Minnesota Statutes, section 473.121; 36.20 (2) for local parks, outdoor recreation 36.21 areas, and natural and scenic areas 36.22 under Minnesota Statutes, section 36.23 85.019; 36.24 (3) for statewide conservation partners 36.25 grants of up to $20,000 each to 36.26 encourage private organizations and 36.27 local governments to cost-share 36.28 improvements of fish, wildlife, and 36.29 native plant habitats and research and 36.30 surveys of fish and wildlife; and 36.31 (4) for environmental partnerships 36.32 program grants of up to $20,000 each 36.33 for environmental service projects and 36.34 related education activities through 36.35 public and private partnerships. 36.36 Grants under clause (1) may provide up 36.37 to 60 percent of the nonfederal share 36.38 of the project cost. Grants under 36.39 clauses (2) to (4) may provide up to 50 36.40 percent of the nonfederal share of the 36.41 project cost. This appropriation 36.42 includes money for the 36.43Ramsey-Washington county Lake Links36.44trail,Westwood Hills nature center,36.45and the Chanhassen trail. 36.46 The commission will monitor the grants 36.47 for approximate balance over extended 36.48 periods of time between the 36.49 metropolitan area, under Minnesota 36.50 Statutes, section 473.121, subdivision 36.51 2, and the nonmetropolitan area through 36.52 work program oversight and periodic 36.53 allocation decisions. For the purposes 36.54 of this paragraph, the match must be a 36.55 nonstate contribution, but may be 36.56 either cash or qualifying in kind. 36.57 Recipients may receive funding for more 36.58 than one project in any given grant 36.59 period. This appropriation is 36.60 available until June 30, 2004, at which 36.61 time the project must be completed and 36.62 final products delivered. 37.1 (c) Regional and Local Trail 37.2 Grants 37.3$1,000,000$475,000 is from the future 37.4 resources fund to the commissioner of 37.5 natural resources for matching trail 37.6 grants on a one-to-one basis to local 37.7 units of government, under Minnesota 37.8 Statutes, section 85.019, for trail 37.9 linkages between communities, trails, 37.10 and parks, and for locally funded 37.11 trails of regional significance outside 37.12 the metropolitan area, under Minnesota 37.13 Statutes, section 473.121. If a 37.14 project financed under this program 37.15 receives a federal grant, the 37.16 availability of the financing from this 37.17 subdivision for that project is 37.18 extended to equal the period of the 37.19 federal grant. 37.20 (d) Outdoors for Everyone: 37.21 Accessing Recreational Trails 37.22 and Facilities 37.23 $115,000 the first year and $115,000 37.24 the second year are from the trust fund 37.25 to the commissioner of natural 37.26 resources for an agreement with 37.27 Wilderness Inquiry to provide technical 37.28 assistance to local units of government 37.29 for development of publicly funded 37.30 trails and outdoor recreation 37.31 facilities to ensure that federal 37.32 standards for accessibility for persons 37.33 with disabilities are met. 37.34 (e) Water Recreation: Boat 37.35 Access, Fishing Piers, and 37.36 Shorefishing 37.37 $455,000 the first year and $455,000 37.38 the second year are from the trust fund 37.39 to the commissioner of natural 37.40 resources to acquire and develop public 37.41 water access sites statewide, to 37.42 construct shorefishing and pier sites, 37.43 and to restore shorelands at public 37.44 accesses. This appropriation is 37.45 available until June 30, 2004, at which 37.46 time the project must be completed and 37.47 final products delivered, unless an 37.48 earlier date is specified in the work 37.49 program. 37.50 (f) Grays Bay, Lake 37.51 Minnetonka Public Water 37.52 Access 37.53 $2,000,000 is from the future resources 37.54 fund and $850,000 the first year is 37.55 from the trust fund to the commissioner 37.56 of natural resources to acquire and 37.57 develop, in cooperation with the city 37.58 of Minnetonka, approximately five acres 37.59 for a multiuse water access site on 37.60 Grays Bay, Lake Minnetonka. 37.61(g) McQuade Small Craft Harbor37.62$500,000 is from the future resources38.1fund to the commissioner of natural38.2resources to develop a small craft38.3harbor on Lake Superior in cooperation38.4with the McQuade Joint Powers Board,38.5U.S. Army Corps of Engineers, and local38.6units of government.38.7 (h) Land Acquisition at the 38.8 Minnesota Landscape Arboretum 38.9 $365,000 the first year and $365,000 38.10 the second year are from the trust fund 38.11 to the University of Minnesota for an 38.12 agreement with the University of 38.13 Minnesota Landscape Arboretum 38.14 Foundation for the fourth biennium to 38.15 acquire in-holdings of the Minnesota 38.16 Landscape Arboretum. This 38.17 appropriation must be matched by at 38.18 least $730,000 of nonstate money. This 38.19 appropriation is available until June 38.20 30, 2004, at which time the project 38.21 must be completed and final products 38.22 delivered, unless an earlier date is 38.23 specified in the work program. 38.24(i) Gateway Trail Bridge38.25$530,000 is from the future resources38.26fund to the commissioner of natural38.27resources for a trail bridge over state38.28highway No. 96 and expanded parking.38.29(j) State Trail Projects38.30$910,000 is from the future resources38.31fund to the commissioner of natural38.32resources to provide matching funds for38.33state trail projects eligible to38.34receive federal TEA-21 funds. If a38.35project financed under this program38.36receives a federal grant, the38.37availability of the financing from this38.38subdivision for that project is38.39extended to equal the period of the38.40federal grant.38.41 (k) Gitchi-Gami State Trail 38.42 $500,000 the first year and $500,000 38.43 the second year are from the trust fund 38.44 to the commissioner of natural 38.45 resources, in cooperation with the 38.46 Gitchi-Gami Trail Association, for the 38.47 second biennium to acquire and develop 38.48 approximately four miles of the 38.49 Gitchi-Gami state trail between 38.50 Gooseberry Falls state park and the 38.51 Split Rock river. As a condition of 38.52 this appropriation, the commissioner 38.53 must apply for federal TEA-21 funds for 38.54 funding of this portion of the trail 38.55 and must report back to the legislative 38.56 commission on Minnesota resources prior 38.57 to any expenditure. This appropriation 38.58 is available until June 30, 2004, at 38.59 which time the project must be 38.60 completed and final products delivered, 38.61 unless an earlier date is specified in 38.62 the work program. 39.1 (l) Forest History Center 39.2 Interpretive Trail 39.3 $90,000 is from the future resources 39.4 fund to the Minnesota historical 39.5 society to design and upgrade trails at 39.6 the Forest History Center in Grand 39.7 Rapids. 39.8 (m) Mesabi Trail Facility 39.9 $190,000 is from the future resources 39.10 fund to the commissioner of natural 39.11 resources for an agreement with the St. 39.12 Louis and Lake Counties Regional Rail 39.13 Authority for the authority to acquire 39.14 land and design a Mesabi trail center 39.15 building. 39.16 (n) Regional Trailhead 39.17 Building 39.18 $135,000 is from the future resources 39.19 fund to the commissioner of natural 39.20 resources for an agreement with the 39.21 Itasca county land department to 39.22 complete construction of a trailhead 39.23 building at Itasca county fairgrounds 39.24 to serve regional trail users. 39.25 (o) Development and 39.26 Rehabilitation of Recreational 39.27 Shooting Ranges 39.28$910,000$410,000 is from the future 39.29 resources fund to the commissioner of 39.30 natural resources to provide cost-share 39.31 grants on a one-to-one basis to local 39.32 recreational shooting clubs for the 39.33 purpose of developing or rehabilitating 39.34 shooting sports facilities for public 39.35 use. Recipient facilities must be open 39.36 to the general public at reasonable 39.37 times and for a reasonable fee on a 39.38 walk-in basis. 39.39 (p) State Park and 39.40 Recreation Area Acquisition 39.41 $205,000 the first year and $905,000 39.42 the second year are from the trust fund 39.43 and $616,000 is from the future 39.44 resources fund to the commissioner of 39.45 natural resources for acquisition of 39.46 in-holdings for state park and 39.47 recreation areas. Land acquired with 39.48 this appropriation must be sufficiently 39.49 improved to meet at least minimum 39.50 management standards as determined by 39.51 the commissioner of natural resources. 39.52 (q) LAWCON 39.53 $404,000 the first year and $340,000 39.54 the second year are from the Minnesota 39.55 future resources fund to the 39.56 commissioner of natural resources for 39.57 projects allowed under the federal Land 39.58 and Water Conservation Fund Act. 39.59 Sec. 30. [INCREASE TO WATER QUALITY PERMIT FEES.] 40.1 (a) The pollution control agency shall collect water 40.2 quality permit application and annual fees that reflect the fees 40.3 in Minnesota Rules, part 7002.0310, increased to the amounts 40.4 described in paragraphs (b) to (g). 40.5 (b) The application fee for individual permits, general 40.6 permits, and general industrial stormwater permits is $150. 40.7 (c) The annual fees for individual National Pollutant 40.8 Discharge Elimination System permits for major municipal 40.9 facilities are as follows: 40.10 Design Flow in 40.11 Million Gallons Per Day Annual Fee 40.13 50 and over $168,750 40.14 20 to 49.99 $38,750 40.15 5 to 19.99 $13,750 40.16 Up to 4.99 $5,625 40.17 (d) The annual fees for individual National Pollutant 40.18 Discharge Elimination System permits for major nonmunicipal 40.19 facilities are as follows: 40.20 Design Flow in 40.21 Million Gallons Per Day Annual Fee 40.23 20 to 49.99 $42,500 40.24 5 to 19.99 $17,500 40.25 Up to 4.99 $8,125 40.26 Cooling or mine pit 40.27 dewatering (any flow) $16,250 40.28 (e) The annual fees for individual National Pollutant 40.29 Discharge Elimination System and State Disposal System permits 40.30 for nonmajor municipal facilities with design flows greater than 40.31 0.100 million gallons per day are $1,310. 40.32 (f) The annual fees for general industrial stormwater 40.33 permits are $280. 40.34 (g) The annual fees for general National Pollutant 40.35 Discharge Elimination System and State Disposal System permits 40.36 are $345. 40.37 (h) The application and annual fees are not increased for 40.38 general construction stormwater permits and sanitary sewer 40.39 extension permits. The annual fees are not increased for 40.40 National Pollutant Discharge Elimination System and State 40.41 Disposal System permits regulating municipal nonmajors with 40.42 facility design flow of 0 to .100, sewage sludge landspreading 41.1 facilities, and nonmajor nonmunicipal facilities. 41.2 (i) The increased permit fees are effective July 1, 2002. 41.3 The agency shall adopt amended water quality permit fee rules 41.4 incorporating the permit fee increases in this subdivision under 41.5 Minnesota Statutes, section 14.389. The pollution control 41.6 agency shall begin collecting the increased permit fees on July 41.7 1, 2002, even if the rule adoption process has not been 41.8 initiated or completed. Notwithstanding Minnesota Statutes, 41.9 section 14.18, subdivision 2, the increased permit fees 41.10 reflecting the permit fee increases in this section and the rule 41.11 amendments incorporating those permit fee increases do not 41.12 require further legislative approval. 41.13 Sec. 31. [REPEALER.] 41.14 (a) Minnesota Statutes 2000, sections 1.31; 84.0887, 41.15 subdivisions 3 and 7; 84.98, subdivisions 1, 2, 3, 4, 6, 7, and 41.16 8; 84.99; 84B.11; 103B.3369, subdivisions 7 and 8; 103B.351; 41.17 103F.461; and 103G.2373; and Minnesota Statutes 2001 Supplement, 41.18 sections 84.0887, subdivisions 1, 2, 4, 5, 6, and 9; and 84.98, 41.19 subdivision 5, are repealed. 41.20 (b) Minnesota Statutes 2000, section 17.110, is repealed 41.21 effective June 30, 2003. 41.22 (c) Minnesota Rules, parts 8405.0100; 8405.0110; 8405.0120; 41.23 8405.0130; 8405.0140; 8405.0150; 8405.0160; 8405.0170; 41.24 8405.0180; 8405.0190; 8405.0200; 8405.0210; 8405.0220; and 41.25 8405.0230, are repealed. 41.26 Sec. 32. [EFFECTIVE DATE.] 41.27 Except as otherwise specified, this act is effective the 41.28 day following final enactment.