1.1 A bill for an act
1.2 relating to the organization and operation of state
1.3 government; appropriating money for environmental,
1.4 natural resource, and agricultural purposes; providing
1.5 for regulation of certain activities and practices;
1.6 amending Minnesota Statutes 1996, sections 3.737,
1.7 subdivisions 1, 4, and by adding a subdivision;
1.8 18C.141; 35.82, subdivision 2; 41A.09, subdivision 1a;
1.9 84.871; 86B.101, subdivision 2; 86B.415, subdivision
1.10 1, and by adding a subdivision; 89A.03, subdivision 1;
1.11 90.193; 93.002, subdivision 1; 97A.037, subdivision 1;
1.12 97A.245; 103C.315, subdivision 4; 103F.155,
1.13 subdivision 2; 103F.161, subdivision 2; 103G.271,
1.14 subdivision 6; 115.076, subdivision 1; 116.07, by
1.15 adding subdivisions; 308A.131, subdivision 1;
1.16 308A.705, subdivision 3; Minnesota Statutes 1997
1.17 Supplement, sections 17.101, subdivision 5; 41A.09,
1.18 subdivision 3a; 84.8205; 84.86, subdivision 1; 85.015,
1.19 subdivision 1c; 115.55, subdivision 5a; 116.07,
1.20 subdivision 7; 116.18, subdivision 3c; 169.1217,
1.21 subdivision 1; and 308A.705, subdivision 1; Laws 1997,
1.22 chapter 216, section 15, subdivision 8; proposing
1.23 coding for new law in Minnesota Statutes, chapters 17;
1.24 18C; and 84; repealing Minnesota Statutes 1997
1.25 Supplement, section 85.015, subdivision 1c; and Laws
1.26 1991, chapter 275, section 3.
1.27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.28 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.]
1.29 The sums in the columns headed "APPROPRIATIONS" are
1.30 appropriated from the general fund, or another named fund, to
1.31 the agencies and for the purposes specified in this act to be
1.32 available for the fiscal years indicated for each purpose. The
1.33 figures "1998" and "1999," where used in this act, mean that the
1.34 appropriation or appropriations listed under them are available
1.35 for the year ending June 30, 1998, or June 30, 1999,
1.36 respectively.
2.1 SUMMARY BY FUND
2.2 1998 1999
2.3 General Fund $5,294,000 $12,498,000
2.4 Natural Resources Fund -0- 500,000
2.5 Total 5,294,000 12,998,000
2.6 APPROPRIATIONS
2.7 Available for the Year
2.8 Ending June 30
2.9 1998 1999
2.10 Sec. 2. POLLUTION CONTROL
2.11 AGENCY 180,000 1,210,000
2.12 $350,000 in fiscal year 1999 is added
2.13 to the appropriation for county feedlot
2.14 program grants in Laws 1997, chapter
2.15 216, section 2, subdivision 2. In
2.16 fiscal year 1999 delegated counties
2.17 shall be eligible to receive a grant of
2.18 either: $40 multiplied by the number
2.19 of livestock or poultry farms with
2.20 sales greater than $10,000, as reported
2.21 in the 1992 Census of Agriculture,
2.22 published by the United States Bureau
2.23 of Census; or $50 multiplied by the
2.24 number of feedlots with greater than
2.25 ten animal units, as determined by a
2.26 level 2 or level 3 feedlot inventory
2.27 conducted in accordance with the
2.28 Feedlot Inventory Guidebook published
2.29 by the board of water and soil
2.30 resources, dated June 1991.
2.31 $50,000 in fiscal year 1999 is for the
2.32 bioaccumulative residues research
2.33 program at the University of
2.34 Minnesota-Duluth to analyze fish
2.35 contaminants, including researching the
2.36 presence of selenium in fish samples.
2.37 As a condition of this grant, the
2.38 University of Minnesota-Duluth must
2.39 submit a work program and submit
2.40 semiannual progress reports as provided
2.41 in Minnesota Statutes, section 116P.05,
2.42 subdivision 2, paragraph (c). This is
2.43 a one-time appropriation.
2.44 $180,000 in fiscal year 1998 is for the
2.45 cost of administering the wastewater
2.46 infrastructure program. This
2.47 appropriation is available until June
2.48 30, 2002.
2.49 $50,000 in fiscal year 1999 is for a
2.50 scoping study for a cost-benefit model
2.51 to analyze the costs of water quality
2.52 standards. This is a one-time
2.53 appropriation.
2.54 $375,000 in fiscal year 1999 is for
2.55 acceleration of research being
2.56 conducted on deformities and possible
2.57 causes found in amphibians. The
2.58 funding must be shared with the
2.59 departments of agriculture, natural
2.60 resources, and health and with the
3.1 appropriate University of Minnesota
3.2 departments. $39,000 of the
3.3 appropriation must be shared with
3.4 Hamline University for its friends of
3.5 the frog program. The money must be
3.6 used for research and monitoring of
3.7 amphibian deformities, including, but
3.8 not limited to, a possible groundwater
3.9 surface water interconnection. The
3.10 money may be used as a match for any
3.11 federal dollars available. This is a
3.12 one-time appropriation.
3.13 $300,000 in fiscal year 1999 is for
3.14 expansion of permitting activities
3.15 under the federal Clean Water Act that
3.16 affect feedlots in excess of 1,000
3.17 animal units.
3.18 The availability of the appropriation
3.19 in Laws 1997, chapter 216, section 15,
3.20 subdivision 14, paragraph (c), to
3.21 monitor and research the effects of
3.22 endocrine disrupting chemicals in
3.23 surface waters is extended to June 30,
3.24 2000.
3.25 $85,000 in fiscal year 1999 is for a
3.26 grant to Benton county to pay the
3.27 principal amount due in fiscal year
3.28 1999 on bonds issued by the county to
3.29 pay part of a final order or settlement
3.30 of a lawsuit for environmental response
3.31 costs at a mixed municipal solid waste
3.32 facility. This money and any future
3.33 money appropriated for this purpose
3.34 must be apportioned by Benton county
3.35 among the local units of government
3.36 that were parties to the final order or
3.37 settlement in the same proportion that
3.38 the local units of government agreed to
3.39 as their share of the liability. This
3.40 is a one-time appropriation.
3.41 Sec. 3. ZOOLOGICAL BOARD 1,500,000 -0-
3.42 $1,500,000 is for zoo operations. This
3.43 is a one-time supplemental
3.44 appropriation. By September 1, 1998,
3.45 the board shall report to the governor,
3.46 the chair of the senate environment and
3.47 agriculture budget division, and the
3.48 chair of the house environment, natural
3.49 resources and agriculture finance
3.50 committee on recommendations to
3.51 internally manage the effects of
3.52 lowered attendance projections and
3.53 methods for improving attendance
3.54 forecasting.
3.55 Sec. 4. NATURAL RESOURCES 2,974,000 7,717,000
3.56 Summary by Fund
3.57 General Fund 2,974,000 7,267,000
3.58 Natural Resources Fund -0- 450,000
3.59 $1,504,000 in fiscal year 1999 is for
3.60 flood-related activities in the
3.61 division of waters. $200,000 of this
4.1 appropriation is for alternative flood
4.2 control measures beneficial to the
4.3 environment, such as culvert downsizing
4.4 on man-made waterways and wetland
4.5 restoration. $10,000 of this
4.6 appropriation is for a grant to the
4.7 Marine-on-St. Croix watershed
4.8 management organization for engineering
4.9 analysis of flooding problems along
4.10 Twin lake. Notwithstanding Minnesota
4.11 Statutes, section 103F.161, subdivision
4.12 2, paragraph (c), this appropriation
4.13 may be combined with a flood hazard
4.14 mitigation grant previously awarded to
4.15 the watershed management organization.
4.16 $75,000 of this appropriation is for a
4.17 grant under Minnesota Statutes, section
4.18 103F.161, to Swift county for
4.19 improvements at Lake Oliver. $30,000
4.20 of this appropriation is for a grant
4.21 under Minnesota Statutes, section
4.22 103F.161, to the Chisago Lake
4.23 improvement district for improvements
4.24 to the outlet project. The portion of
4.25 this appropriation to be included in
4.26 the department's base is $1,189,000 for
4.27 each fiscal year.
4.28 $150,000 in fiscal year 1999 is for
4.29 transfer to the Minnesota forest
4.30 resources council for implementation of
4.31 the Sustainable Forest Resources Act
4.32 pursuant to Minnesota Statutes, chapter
4.33 89A. This a one-time appropriation.
4.34 $476,000 in fiscal year 1998 is for
4.35 sealing inactive wells on state-owned
4.36 land. The commissioner shall determine
4.37 project priorities as appropriate based
4.38 upon need. This appropriation is
4.39 available until June 30, 2002.
4.40 $430,000 in fiscal year 1999 is for
4.41 operations at Fort Snelling park and
4.42 for statewide resource protection. The
4.43 portion of this appropriation to be
4.44 included in the department's base is
4.45 $200,000 in each fiscal year.
4.46 $250,000 in fiscal year 1999 is for
4.47 population and habitat objectives of
4.48 the nongame wildlife management program.
4.49 $180,000 in fiscal year 1998 and
4.50 $120,000 in fiscal year 1999 are for
4.51 increased public involvement in white
4.52 pine management planning and to
4.53 accelerate white pine management on
4.54 state forest lands. Any amount of this
4.55 appropriation not used in fiscal year
4.56 1998 is available in fiscal year 1999.
4.57 $370,000 in fiscal year 1998 and
4.58 $230,000 in fiscal year 1999 are for
4.59 improvement of camper safety and
4.60 security in state forest campgrounds
4.61 and to make repairs to selected state
4.62 forest campgrounds.
4.63 $450,000 in fiscal year 1999 is from
4.64 the water recreation account in the
5.1 natural resources fund for enforcement
5.2 of personal watercraft laws. At least
5.3 one-half of the conservation officers
5.4 hired pursuant to this item must be
5.5 from the protected classes. $225,000
5.6 of this appropriation is for grants to
5.7 counties where there is significant use
5.8 of personal watercraft on waters in and
5.9 bordering the counties. The grants
5.10 must be used for personal watercraft
5.11 safety education and law enforcement,
5.12 pursuant to Minnesota Statutes, section
5.13 86B.415, subdivision 7a.
5.14 $250,000 in fiscal year 1999 is for
5.15 operational costs related to wildlife
5.16 management at the area level.
5.17 $470,000 in fiscal year 1998 and
5.18 $250,000 in fiscal year 1999 are for
5.19 the interpretation, management, and
5.20 monitoring of scientific and natural
5.21 areas.
5.22 $340,000 in fiscal year 1999 is for
5.23 technical assistance and grants to
5.24 assist local government units and
5.25 organizations in the metropolitan area
5.26 to acquire and develop natural areas
5.27 and greenways.
5.28 $300,000 in fiscal year 1999 is for
5.29 state trail maintenance and amenities.
5.30 $250,000 in fiscal year 1999 is for a
5.31 grant to the city of North St. Paul for
5.32 improvements including trail
5.33 connections, lighting, and landscaping
5.34 related to the trail bridge over
5.35 Highway 36 in North St. Paul. This is
5.36 a one-time appropriation.
5.37 $500,000 in fiscal year 1999 is for
5.38 further work to develop protected water
5.39 flow recommendations on Minnesota
5.40 streams and for support of river
5.41 restoration expertise and its
5.42 application to the Whitewater river and
5.43 Sandy river. $300,000 of this amount
5.44 is a one-time appropriation for stream
5.45 protection on Brown's creek in
5.46 Washington county.
5.47 $53,000 in fiscal year 1999 is for
5.48 minerals cooperative environmental
5.49 research. $26,500 is available only as
5.50 matched by $1 of nonstate money for
5.51 each $1 of state money. This
5.52 appropriation is added to the
5.53 appropriation in Laws 1997, chapter
5.54 216, section 5, subdivision 2.
5.55 $75,000 in fiscal year 1998 is to
5.56 repair state forest land in Morrison,
5.57 Mille Lacs, Kanabec, and Crow Wing
5.58 counties.
5.59 $100,000 in fiscal year 1998 is for
5.60 development and maintenance of habitat
5.61 and facilities, and data management
5.62 system development at Swan lake
6.1 wildlife management area.
6.2 $1,175,000 in fiscal year 1999 is for
6.3 wildlife habitat improvement, wildlife
6.4 population surveys, monitoring, private
6.5 lands cost-sharing for wildlife habitat
6.6 and forest stewardship, and project
6.7 grants to local governments and private
6.8 organizations to enhance fish,
6.9 wildlife, and native plant habitats.
6.10 Of this amount, $375,000 is for brush
6.11 land and forest habitat renewal for
6.12 sharp-tailed grouse and other species
6.13 of birds dependent on open brush lands
6.14 in forest areas by providing financial
6.15 and technical assistance to landowners
6.16 as well as brush land renewal on public
6.17 lands; $300,000 is for wildlife habitat
6.18 improvements through cost-sharing and
6.19 technical assistance to private
6.20 landowners; $300,000 is for forest
6.21 stewardship improvements through
6.22 cost-sharing and technical assistance
6.23 to private landowners; and $200,000 is
6.24 for wildlife population surveys,
6.25 monitoring, evaluation, and constituent
6.26 surveys. The portion of this
6.27 appropriation to be included in the
6.28 department's base is $1,075,000 in each
6.29 fiscal year. The base amounts for each
6.30 specific item are $325,000, $275,000,
6.31 $275,000, and $200,000, respectively.
6.32 $100,000 in fiscal year 1998 is for
6.33 engineering and hydraulic studies in
6.34 conjunction with the proposed
6.35 development of an urban whitewater
6.36 trail along the Mississippi river in
6.37 the lower St. Anthony Falls area below
6.38 the stone arch bridge in Minneapolis
6.39 and to examine the economic impact,
6.40 market use potential, public safety
6.41 concerns, environmental considerations,
6.42 and land and water use impacts of the
6.43 proposed Mississippi Whitewater trail.
6.44 The commissioner must coordinate and
6.45 work with affected local, state, and
6.46 federal governments and interested
6.47 citizen groups, including, but not
6.48 limited to, the National Park Service,
6.49 the United States Army Corps of
6.50 Engineers, the University of Minnesota,
6.51 the Minnesota historical society, the
6.52 metropolitan parks and open space
6.53 commission, the Minneapolis park board,
6.54 and the Mississippi Whitewater Park
6.55 Development Corporation. The
6.56 commissioner must report to the senate
6.57 environment and agriculture budget
6.58 division and the house environment,
6.59 natural resources, and agriculture
6.60 finance committee by November 1, 1999,
6.61 on the findings from the studies
6.62 required under this item. This
6.63 appropriation is available until June
6.64 30, 1999.
6.65 $100,000 in fiscal year 1998 is for a
6.66 grant to the township of Linwood in
6.67 Anoka county to construct a surface
6.68 water drainage system to control water
7.1 pollution. This appropriation is
7.2 available until expended. Expenses
7.3 incurred by Linwood township related to
7.4 the proposed project, prior to this
7.5 appropriation, may be considered as
7.6 part of the total project cost for
7.7 purposes of satisfying the requirements
7.8 of Minnesota Statutes, section
7.9 103F.161, subdivision 2, paragraph (c).
7.10 $200,000 in fiscal year 1998 is added
7.11 to the appropriation in Laws 1997,
7.12 chapter 216, section 15, subdivision 4,
7.13 paragraph (c), clause (4), for the
7.14 statewide conservation partners program.
7.15 $215,000 in fiscal year 1998 and
7.16 $250,000 in fiscal year 1999 are to
7.17 enhance customer service and data
7.18 access through the collaborative use of
7.19 technology, to improve communication
7.20 with citizens and stakeholders, to
7.21 provide technical assistance and data
7.22 delivery to citizens and local
7.23 government, and for the Minnesota
7.24 Environmental/Natural Resource
7.25 Electronic Library (MENREL) to
7.26 accelerate the development of
7.27 integrated and indexed environmental
7.28 and geographic data catalogs,
7.29 cross-agency search and retrieval, and
7.30 content-rich libraries of environmental
7.31 data and information.
7.32 $350,000 in fiscal year 1998 is to
7.33 serve as the state match to federal
7.34 money to remove surplus sediment along
7.35 the east bank of the Mississippi river
7.36 at Little Falls. The commissioner must
7.37 coordinate and work with the United
7.38 States Army Corps of Engineers on this
7.39 project. This appropriation is
7.40 available until expended.
7.41 $203,000 in fiscal year 1998 is for a
7.42 forestry information management system
7.43 to improve the timber sale program,
7.44 forest development model, and fire
7.45 management.
7.46 $35,000 in fiscal year 1998 and
7.47 $115,000 in fiscal year 1999 are for
7.48 expansion of the "Becoming an Outdoors
7.49 Woman Program," and for a position to
7.50 coordinate shooting range development
7.51 on a statewide basis. Of this amount,
7.52 $35,000 in fiscal year 1998 is
7.53 available until June 30, 1999, to match
7.54 an equal amount of nonstate money for
7.55 shooting range partnership agreements
7.56 and is a one-time appropriation.
7.57 $50,000 in fiscal year 1998 is for
7.58 ecosystem-based management workshops
7.59 for teams of local officials, natural
7.60 resource managers, and citizens.
7.61 $200,000 in fiscal year 1999 is for
7.62 aquatic plant restoration.
7.63 $125,000 in fiscal year 1999 is for
8.1 local initiatives grants program
8.2 administration.
8.3 $150,000 in fiscal year 1999 is for
8.4 long-term monitoring of lake ecosystems.
8.5 The appropriations in Laws 1996,
8.6 chapter 407, section 3, for the Iron
8.7 Range off-highway vehicle recreation
8.8 area are available until June 30, 2000.
8.9 $100,000 in fiscal year 1999 is for an
8.10 enhanced lake classification system to
8.11 provide comprehensive lake
8.12 descriptions. This appropriation is
8.13 added to the base in fiscal year 2000
8.14 only.
8.15 $200,000 in fiscal year 1999 is to
8.16 identify lake watershed boundaries for
8.17 lakes greater than 100 acres in a
8.18 geographic information system format.
8.19 This appropriation is added to the base
8.20 in fiscal year 2000 only.
8.21 $150,000 in fiscal year 1999 is to
8.22 develop methodologies to assess the
8.23 cumulative effects of development on
8.24 lakes. This appropriation is added to
8.25 the base in fiscal year 2000 only.
8.26 $100,000 in fiscal year 1999 is for a
8.27 grant to the Upper Swede Hollow
8.28 Association for improvements in and
8.29 around Swede Hollow Park. The
8.30 appropriation must be used for
8.31 plantings, improvements to railway
8.32 trestles, trail repair, reconstruction
8.33 of the pond outlet, and other trail
8.34 improvements. This is a one-time
8.35 appropriation.
8.36 $50,000 in fiscal year 1998 and $50,000
8.37 in fiscal year 1999 are for an
8.38 agreement with the University of
8.39 Minnesota College of Architecture and
8.40 Landscape Architecture to develop
8.41 environmental brownfields mitigation
8.42 strategies. This is a one-time
8.43 appropriation.
8.44 The appropriation in Laws 1997, chapter
8.45 216, section 5, subdivision 4, for
8.46 grants to local community forest
8.47 ecosystem health programs is available
8.48 until June 30, 2000.
8.49 $25,000 in fiscal year 1999 is for
8.50 promotion and enhanced public awareness
8.51 of the RIM critical habitat license
8.52 plate program.
8.53 Sec. 5. BOARD OF WATER AND
8.54 SOIL RESOURCES 300,000 1,100,000
8.55 $200,000 in fiscal year 1998 is for a
8.56 grant to the Faribault county soil and
8.57 water conservation district for the
8.58 quad-lakes restoration project in
8.59 Faribault and Blue Earth counties and
8.60 is available until expended.
9.1 $1,000,000 in fiscal year 1999 is for
9.2 grants to soil and water conservation
9.3 districts for cost-sharing contracts
9.4 for water quality management on
9.5 feedlots. Priority must be given to
9.6 feedlot operators who have received a
9.7 notice of violation and for feedlots in
9.8 counties that are conducting or have
9.9 completed a level 2 or level 3 feedlot
9.10 inventory.
9.11 $100,000 in fiscal year 1998 is for a
9.12 grant to the University of Minnesota
9.13 extension service to improve existing
9.14 Minnesota extension shoreland guidance
9.15 and other related guidebooks. This is
9.16 a one-time appropriation, available
9.17 until expended.
9.18 $100,000 in fiscal year 1999 is for a
9.19 pilot grant program to soil and water
9.20 conservation districts for cost-sharing
9.21 contracts with landowners to establish
9.22 and maintain plantings of trees,
9.23 shrubs, and grass strips that are
9.24 native species of a local ecotype for
9.25 the primary purpose of controlling snow
9.26 deposition for the benefit of public
9.27 transportation. The board, in
9.28 consultation with the Minnesota
9.29 Association of Soil and Water
9.30 Conservation Districts, shall select at
9.31 least five districts for participation
9.32 in the pilot program. Up to 20 percent
9.33 of the appropriation may be used for
9.34 the technical and administrative
9.35 expenses of soil and water conservation
9.36 districts to implement this item. The
9.37 board shall enter into grant agreements
9.38 to accomplish the transfer of funds to
9.39 soil and water conservation districts
9.40 and to establish guidelines to
9.41 implement this item. Cost-sharing
9.42 contracts between soil and water
9.43 conservation districts and landowners
9.44 may provide for annual payments to
9.45 landowners for maintenance. This
9.46 appropriation is available until spent.
9.47 Sec. 6. AGRICULTURE 310,000 2,169,000
9.48 $110,000 in fiscal year 1998 and
9.49 $250,000 in fiscal year 1999 are for
9.50 expansion of efforts to prevent the
9.51 establishment and spread of gypsy moths
9.52 in Minnesota.
9.53 $25,000 in fiscal year 1998 and
9.54 $325,000 in fiscal year 1999 are for a
9.55 state meat inspection program.
9.56 $75,000 in fiscal year 1999 is for
9.57 additional matching funds for the WIC
9.58 coupon program.
9.59 $25,000 in fiscal year 1999 is for
9.60 additional livestock depredation
9.61 payments pursuant to Minnesota
9.62 Statutes, section 3.737.
9.63 $50,000 in fiscal year 1999 is added to
10.1 the appropriation in Laws 1997, chapter
10.2 216, section 7, subdivision 4, for
10.3 beaver damage control grants. This is
10.4 a one-time appropriation.
10.5 Any unencumbered balance from the
10.6 appropriation in Laws 1997, chapter
10.7 216, section 7, subdivision 4, for
10.8 beaver damage control grants for the
10.9 first year of the biennium is available
10.10 for the second year of the biennium.
10.11 $100,000 in fiscal year 1998 is added
10.12 to the appropriation in Laws 1997,
10.13 chapter 216, section 7, subdivision 4,
10.14 to accomplish reform of the federal
10.15 milk market order system and for legal
10.16 actions opposing the Northeast Dairy
10.17 Compact. This appropriation is
10.18 available until June 30, 1999.
10.19 $500,000 in fiscal year 1999 is added
10.20 to the appropriation for dairy
10.21 diagnostic teams in Laws 1997, chapter
10.22 216, section 7, subdivision 2, and is
10.23 added to the department's base.
10.24 $267,000 in fiscal year 1999 is for a
10.25 pilot program to expand the concept of
10.26 the Minnesota grown program. The
10.27 program is to assist low-income
10.28 families in accessing nutritious and
10.29 affordable food and to promote economic
10.30 development by creating new markets and
10.31 food distribution systems. $17,000 of
10.32 this appropriation is for costs of
10.33 administration. $87,000 of this
10.34 appropriation is for payment to the
10.35 Sustainable Resources Center for the
10.36 purposes of this appropriation.
10.37 $163,000 of this appropriation is for
10.38 food coupons. The coupons shall be
10.39 distributed and administered according
10.40 to this section, subject to the
10.41 approval of the commissioner of
10.42 agriculture. The portion of this
10.43 appropriation to be included in the
10.44 department's base for fiscal year 2001
10.45 is $200,000, which may only be used for
10.46 food coupons.
10.47 The Sustainable Resources Center, in
10.48 conjunction with the Minnesota Food
10.49 Association, and subject to the
10.50 approval of the commissioner of
10.51 agriculture, shall select up to two
10.52 urban and up to two rural communities
10.53 as locations for activities that will
10.54 serve as models for sustainable
10.55 community food systems. These
10.56 activities shall include but are not
10.57 limited to:
10.58 (1) conducting food system assessments
10.59 in each community to identify assets
10.60 and needs;
10.61 (2) supporting the creation of producer
10.62 distribution networks to establish
10.63 direct links to low-income consumers;
10.64 and
11.1 (3) working with food processing plants
11.2 in the selected community to develop
11.3 the support services needed to make
11.4 entry-level jobs accessible to
11.5 low-income people.
11.6 During each fiscal year beginning in
11.7 fiscal year 1999, the commissioner of
11.8 agriculture, within the funds
11.9 available, shall provide coupons to the
11.10 Sustainable Resources Center for
11.11 distribution to participating eligible
11.12 individuals. The coupons must be
11.13 issued in two allocations each fiscal
11.14 year. Eligible individuals may receive
11.15 up to $100 in coupons per year, subject
11.16 to the limitation that additional
11.17 eligible individuals who reside in the
11.18 same household may receive up to $20 in
11.19 coupons per year, up to a maximum of
11.20 $200 per household per year. Eligible
11.21 individuals include individuals who are
11.22 residents of the communities in the
11.23 pilot project and are eligible for the
11.24 Minnesota grown coupons under this
11.25 section. Eligible individuals include:
11.26 (1) individuals who are in a
11.27 state-verified income program; and
11.28 (2) individuals who are selected by the
11.29 Sustainable Resources Center based on
11.30 guidelines targeting specific
11.31 populations within the pilot
11.32 communities.
11.33 The amount of the Minnesota grown
11.34 coupons must be excluded as income
11.35 under the AFDC, refugee cash
11.36 assistance, general assistance, MFIP,
11.37 MFIP-R, MFIP-S, food stamp programs,
11.38 state housing subsidy programs,
11.39 low-income energy assistance programs,
11.40 and other programs that do not count
11.41 food stamps as income.
11.42 The coupons must be clearly labeled as
11.43 redeemable only for products licensed
11.44 to use the Minnesota grown logo or
11.45 labeling statement under Minnesota
11.46 Statutes, section 17.102. Coupons may
11.47 be redeemed by farmers, custom meat
11.48 processors, community-supported
11.49 agriculture farms, and other entities
11.50 approved by the commissioner of
11.51 agriculture. The person accepting the
11.52 coupon is responsible for its
11.53 redemption only on products licensed to
11.54 use the Minnesota grown logo or
11.55 labeling statement. The commissioner
11.56 must receive and reimburse all valid
11.57 coupons redeemed pursuant to this
11.58 section.
11.59 The commissioner may establish criteria
11.60 for vendor eligibility and may enforce
11.61 the Minnesota grown coupon program
11.62 according to Minnesota Statutes,
11.63 sections 17.982 to 17.984.
11.64 $160,000 in fiscal year 1999 is for
12.1 value-added agricultural product
12.2 processing and marketing grants under
12.3 Minnesota Statutes, section 17.101,
12.4 subdivision 5. This appropriation and
12.5 the appropriation in Laws 1997, chapter
12.6 216, section 7, subdivision 3, for
12.7 grants under Minnesota Statutes,
12.8 section 17.101, subdivision 5, are
12.9 available until June 30, 2001.
12.10 $125,000 in fiscal year 1999 is for a
12.11 grant to the Market Champ, Inc. board.
12.12 This is a one-time appropriation.
12.13 $25,000 in fiscal year 1999 is for the
12.14 Passing on the Farm Center established
12.15 in Minnesota Statutes, section 17.985.
12.16 This is a one-time appropriation.
12.17 $200,000 in fiscal year 1999 is to
12.18 expand the shared savings loan program
12.19 under Minnesota Statutes, section
12.20 17.115, to include a program of
12.21 revolving loans for demonstration
12.22 projects of farm manure digester
12.23 technology. Notwithstanding the
12.24 limitations of Minnesota Statutes,
12.25 section 17.115, subdivision 2,
12.26 paragraphs (b) and (c), loans under
12.27 this program are no-interest loans in
12.28 principal amounts not to exceed
12.29 $200,000 and may be made to any
12.30 resident of this state. Loans for one
12.31 or more projects must be made only
12.32 after the commissioner seeks
12.33 applications. Loans under this program
12.34 may be used as a match for federal
12.35 loans or grants. Money repaid from
12.36 loans must be returned to the revolving
12.37 fund for future projects. This is a
12.38 one-time appropriation.
12.39 $50,000 in fiscal year 1998 is for a
12.40 grant to the University of Minnesota
12.41 for investigation, screening, and a
12.42 survey of existing research into the
12.43 design and development of low-cost
12.44 alternatives to pasteurization that
12.45 provide comparable bacteria count
12.46 reduction in fruit juice. The
12.47 commissioner must report to the chair
12.48 of the house environment, natural
12.49 resources, and agriculture finance
12.50 committee and the chair of the senate
12.51 environment and agriculture budget
12.52 division by January 15, 1999, regarding
12.53 the results of the research and with a
12.54 recommendation for further action.
12.55 $25,000 in fiscal year 1998 is for a
12.56 grant to the University of Minnesota to
12.57 study factors associated with farms
12.58 that experience varying levels of
12.59 livestock depredation caused by timber
12.60 wolves. The university shall make
12.61 recommendations to the commissioner to
12.62 assist in the development of best
12.63 management practices to prevent timber
12.64 wolf depredation on livestock farms.
12.65 This appropriation is available until
12.66 June 30, 1999.
13.1 $60,000 in fiscal year 1999 is for
13.2 payment of attorney general and other
13.3 costs of assisting local government
13.4 units in the process of adoption,
13.5 review, or modification of ordinances
13.6 relating to animal feedlots. This
13.7 appropriation is available until June
13.8 30, 1999.
13.9 $107,000 in fiscal year 1999 is for
13.10 development of the program under
13.11 Minnesota Statutes, section 18C.430.
13.12 This is a one-time appropriation.
13.13 As a condition of receiving state
13.14 funds, the ethanol production plant in
13.15 St. Paul must provide year-round public
13.16 access to the well that was publicly
13.17 accessible when the plant was a brewery.
13.18 Sec. 7. UNIVERSITY
13.19 OF MINNESOTA -0- 292,000
13.20 For alternative and sustainable hog
13.21 production facilities and programs.
13.22 $125,000 of this appropriation is for a
13.23 grant to the Minnesota Institute for
13.24 Sustainable Agriculture to extend
13.25 funding for the Alternative Swine
13.26 Production Systems Task Force and
13.27 coordinator. $30,000 of this
13.28 appropriation is for a grant to the
13.29 Minnesota Institute for Sustainable
13.30 Agriculture for alternative and
13.31 sustainable hog production programs and
13.32 program support, including on-farm
13.33 systems research. $137,000 of this
13.34 appropriation is to establish a faculty
13.35 position in agricultural and community
13.36 sociology at the University of
13.37 Minnesota-Morris, focusing on the
13.38 sustainability of agricultural systems
13.39 and rural communities. The position
13.40 shall be defined by the Alternative
13.41 Swine Production Systems Task Force.
13.42 This is a one-time appropriation.
13.43 Sec. 8. BOARD OF ANIMAL HEALTH 30,000 160,000
13.44 $30,000 in fiscal year 1998 and
13.45 $160,000 in fiscal year 1999 is for
13.46 expansion of the program for the
13.47 control of paratuberculosis ("Johne's
13.48 disease") in domestic bovine herds.
13.49 These appropriations are in addition to
13.50 the appropriations for the same
13.51 purposes in Laws 1997, chapter 216,
13.52 section 8.
13.53 Sec. 9. ADMINISTRATION -0- 350,000
13.54 Summary by Fund
13.55 General Fund -0- 300,000
13.56 Natural Resources Fund -0- 50,000
13.57 $50,000 is from the water recreation
13.58 account in the natural resources fund
13.59 for a study by a qualified consultant
13.60 to determine the actual percentage of
14.1 all gasoline received in and produced
14.2 or brought into the state, except
14.3 gasoline used for aviation purposes,
14.4 that is being used as fuel for
14.5 watercraft in this state. The study
14.6 must include a determination of the
14.7 amount of gasoline consumed by vehicles
14.8 in the course of transporting
14.9 watercraft on the highways of this
14.10 state. The commissioner shall consult
14.11 with the commissioners of revenue,
14.12 transportation, and natural resources
14.13 in preparing the request for proposals
14.14 for the study and in selecting the
14.15 consultant to perform the study. The
14.16 commissioner shall report to the chairs
14.17 of the senate and house environment and
14.18 natural resources committees, the
14.19 senate environment and agriculture
14.20 budget division, the house environment,
14.21 natural resources, and agriculture
14.22 finance committee, the senate
14.23 transportation committee, and the house
14.24 transportation and transit committee on
14.25 the results of the study by February 1,
14.26 1999. This is a one-time appropriation.
14.27 $300,000 is for modifications of
14.28 department of natural resources
14.29 business systems to address year 2000
14.30 changes. This appropriation is added
14.31 to the appropriation for technology
14.32 management in Laws 1997, chapter 202,
14.33 article 1, section 12, subdivision 7.
14.34 This is a one-time appropriation.
14.35 Sec. 10. ETHANOL DEVELOPMENT
14.36 FUND TRANSFER
14.37 As cash flow in the ethanol development
14.38 fund under Minnesota Statutes, section
14.39 41B.044, permits, but no later than
14.40 June 30, 1999, the commissioner of
14.41 finance, in consultation with the
14.42 commissioner of agriculture, shall
14.43 transfer $400,000 from the unencumbered
14.44 balance in the fund to the general
14.45 fund. This transfer is in addition to
14.46 the transfer required by Laws 1997,
14.47 chapter 216, section 17.
14.48 Sec. 11. Minnesota Statutes 1996, section 3.737,
14.49 subdivision 1, is amended to read:
14.50 Subdivision 1. [COMPENSATION REQUIRED.] (a)
14.51 Notwithstanding section 3.736, subdivision 3, paragraph (e), or
14.52 any other law, a livestock owner shall be compensated by the
14.53 commissioner of agriculture for livestock that is destroyed by a
14.54 timber wolf or is so crippled so by a timber wolf that it must
14.55 be destroyed by an animal classified as endangered under the
14.56 federal Endangered Species Act of 1973. The owner is entitled
14.57 to the fair market value of the destroyed livestock, not to
15.1 exceed $400 $750 per animal destroyed, as determined by the
15.2 commissioner, upon recommendation of the county a university
15.3 extension agent for the owner's county and a conservation
15.4 officer.
15.5 (b) Either the agent or the conservation officer must make
15.6 a personal inspection of the site. The agent or the
15.7 conservation officer must take into account factors in addition
15.8 to a visual identification of a carcass when making a
15.9 recommendation to the commissioner. The commissioner, upon
15.10 recommendation of the agent and conservation officer, shall
15.11 determine whether the livestock was destroyed by an animal
15.12 described in this subdivision a timber wolf and any deficiencies
15.13 in the owner's adoption of the best management practices
15.14 developed in subdivision 5. The commissioner may authorize
15.15 payment of claims only if the agent and the conservation officer
15.16 have recommended payment. The owner shall file a claim on forms
15.17 provided by the commissioner and available at the county
15.18 university extension agent's office.
15.19 Sec. 12. Minnesota Statutes 1996, section 3.737,
15.20 subdivision 4, is amended to read:
15.21 Subd. 4. [PAYMENT, DENIAL OF COMPENSATION.] (a) If the
15.22 commissioner finds that the livestock owner has shown that the
15.23 loss of the livestock was likely caused more probably than not
15.24 by an animal classified as an endangered species a timber wolf,
15.25 the commissioner shall pay compensation as provided in this
15.26 section and in the rules of the department.
15.27 (b) For a timber wolf depredation claim submitted by a
15.28 livestock owner after September 1, 1999, the commissioner shall,
15.29 based on the report from the university extension agent and
15.30 conservation officer, evaluate the claim for conformance with
15.31 the best management practices developed by the commissioner in
15.32 subdivision 5. The commissioner must provide to the livestock
15.33 owner an itemized list of any deficiencies in the livestock
15.34 owner's adoption of best management practices that were noted in
15.35 the university extension agent's or conservation officer's
15.36 report.
16.1 (c) If the commissioner denies compensation claimed by an
16.2 owner under this section, the commissioner shall issue a written
16.3 decision based upon the available evidence. It shall include
16.4 specification of the facts upon which the decision is based and
16.5 the conclusions on the material issues of the claim. A copy of
16.6 the decision shall be mailed to the owner.
16.7 (d) A decision to deny compensation claimed under this
16.8 section is not subject to the contested case review procedures
16.9 of chapter 14, but may be reviewed upon a trial de novo in a
16.10 court in the county where the loss occurred. The decision of
16.11 the court may be appealed as in other civil cases. Review in
16.12 court may be obtained by filing a petition for review with the
16.13 administrator of the court within 60 days following receipt of a
16.14 decision under this section. Upon the filing of a petition, the
16.15 administrator shall mail a copy to the commissioner and set a
16.16 time for hearing within 90 days of the filing.
16.17 Sec. 13. Minnesota Statutes 1996, section 3.737, is
16.18 amended by adding a subdivision to read:
16.19 Subd. 5. [TIMBER WOLF BEST MANAGEMENT PRACTICES.] By
16.20 September 1, 1999, the commissioner must develop best management
16.21 practices to prevent timber wolf depredation on livestock
16.22 farms. The commissioner shall periodically update the best
16.23 management practices when new practices are found by the
16.24 commissioner to prevent timber wolf depredation on livestock
16.25 farms. The commissioner must provide an updated copy of the
16.26 best management practices for timber wolf depredation to all
16.27 livestock owners who are still engaged in livestock farming and
16.28 have previously submitted livestock claims under this section.
16.29 Sec. 14. Minnesota Statutes 1997 Supplement, section
16.30 17.101, subdivision 5, is amended to read:
16.31 Subd. 5. [VALUE-ADDED AGRICULTURAL LIVESTOCK PRODUCT
16.32 PROCESSING AND MARKETING GRANT PROGRAM.] (a) For purposes of
16.33 this section,:
16.34 (1) "livestock or dairy agricultural commodity" means a
16.35 material produced for use in or as food, feed, seed, or fiber
16.36 and includes crops for fiber, food, oilseeds, seeds, livestock,
17.1 livestock products, dairy, dairy products, poultry, poultry
17.2 products, and other products or by-products of the farm produced
17.3 for the same or similar use, except ethanol; and
17.4 (2) "agricultural product processing facility" means land,
17.5 buildings, structures, fixtures, and improvements located or to
17.6 be located in Minnesota and used or operated primarily for the
17.7 processing or production of marketable products from
17.8 agricultural livestock or dairy commodities produced in
17.9 Minnesota.
17.10 (b) The commissioner shall establish and implement a
17.11 value-added agricultural livestock and dairy product processing
17.12 and marketing grant program to help farmers finance new
17.13 cooperatives that organize for the purposes of
17.14 operating livestock and dairy agricultural product processing
17.15 facilities and for marketing activities related to the sale and
17.16 distribution of processed livestock and dairy agricultural
17.17 products.
17.18 (c) To be eligible for this program a grantee must:
17.19 (1) be a cooperative organized under chapter 308A;
17.20 (2) certify that all of the control and equity in the
17.21 cooperative is from farmers as defined in section 500.24,
17.22 subdivision 2, who are actively engaged in livestock or dairy
17.23 agricultural commodity production;
17.24 (3) be operated primarily for the processing of livestock
17.25 or dairy agricultural commodities produced in Minnesota;
17.26 (4) receive livestock or dairy agricultural commodities
17.27 produced primarily by shareholders or members of the
17.28 cooperative; and
17.29 (5) have no direct or indirect involvement in the
17.30 production of livestock and dairy agricultural commodities.
17.31 (d) The commissioner may receive applications from and make
17.32 grants up to $50,000 for feasibility, marketing analysis, and
17.33 predesign of facilities to eligible cooperatives. The
17.34 commissioner shall give priority to applicants who use the
17.35 grants for planning costs related to an application for
17.36 financial assistance from the United States Department of
18.1 Agriculture, Rural Business - Cooperative Service.
18.2 Sec. 15. [17.987] [MARKET CHAMP, INC; ACCESS TO QUALITY
18.3 GENETICS BY FAMILY FARMERS.]
18.4 Subdivision 1. [ESTABLISHMENT; PURPOSE.] Market Champ,
18.5 Inc. is established as a nonprofit public corporation under
18.6 chapter 317A and is subject to the provisions of that chapter.
18.7 The corporation is neither a state agency nor an entity within
18.8 the University of Minnesota. The purpose of the corporation is
18.9 to transfer high quality swine genetic material from the
18.10 University of Minnesota to the family farmers of the state in
18.11 order to enhance the state's economic growth and the
18.12 competitiveness of family farmers. Market Champ, Inc. shall
18.13 assist Minnesota swine producers in understanding genetic
18.14 technologies and developing improved animal genetic lines.
18.15 Subd. 2. [DUTIES.] Market Champ, Inc. shall:
18.16 (1) encourage family farmers to use the highest quality
18.17 swine genetics;
18.18 (2) facilitate the transfer of the latest swine genetic
18.19 research and technology information and materials from the
18.20 University of Minnesota and other sources to family farmers;
18.21 (3) assist family farmers to market the swine they produce;
18.22 (4) develop a system for tracking family farmers' products
18.23 through the processing, meat packing, and marketing system to
18.24 determine the market value of the genetic technology;
18.25 (5) provide genetic testing, counseling, and assistance in
18.26 genetic decisions to identify new market developments and
18.27 capture value-added opportunities;
18.28 (6) provide centralized testing services with regional
18.29 technology transfer specialists;
18.30 (7) secure access to new genetic tests and services for all
18.31 Minnesota producers through licensing agreements; and
18.32 (8) assist family farmers who do not otherwise have access
18.33 to high quality genetic technologies.
18.34 Subd. 3. [BOARD OF DIRECTORS.] (a) Market Champ, Inc.
18.35 shall be governed by a board of directors consisting of 11
18.36 voting members, appointed by the governor.
19.1 (b) The members of the board shall be:
19.2 (1) two representatives of small family farmers with under
19.3 250 sows;
19.4 (2) one representative of purebred swine producers;
19.5 (3) one member of the Minnesota Pork Producers Association;
19.6 (4) one representative of the pork industry;
19.7 (5) one member of the meat packing industry;
19.8 (6) one member representing the University of Minnesota;
19.9 (7) one member representing Minnesota state colleges and
19.10 universities;
19.11 (8) the commissioner of agriculture;
19.12 (9) the chair of the senate committee on agriculture and
19.13 rural development, or the chair's designee; and
19.14 (10) the chair of the house committee on agriculture, or
19.15 the chair's designee.
19.16 Members listed in clauses (1) to (5) must be recommended by the
19.17 president of the University of Minnesota or a designee of the
19.18 president, in consultation with the chairs of the senate and
19.19 house of representatives committees with jurisdiction over
19.20 agricultural policy and finance issues.
19.21 (c) Meetings of the board are subject to section 471.705.
19.22 (d) Members of the board shall be compensated and
19.23 reimbursed in the same manner as members of advisory councils
19.24 under section 15.059, subdivision 3.
19.25 Subd. 4. [BYLAWS.] Bylaws of Market Champ, Inc. must
19.26 provide for the qualification and removal of directors and for
19.27 filling vacancies on the board in a manner not inconsistent with
19.28 this section.
19.29 Subd. 5. [ARTICLES OF INCORPORATION.] The articles of
19.30 incorporation of Market Champ, Inc. must be filed with the
19.31 secretary of state under chapter 317A and must be consistent
19.32 with this section.
19.33 Subd. 6. [AUDIT.] Market Champ, Inc. shall contract with
19.34 the legislative auditor to perform audits and must report the
19.35 results to the legislature.
19.36 Subd. 7. [REPORT.] The board of directors of Market Champ,
20.1 Inc. shall submit an annual report on the activities of Market
20.2 Champ, Inc. by January 15 of each year to the appropriations,
20.3 finance, and agriculture committees of the legislature and to
20.4 the governor. The report must include a description of the
20.5 corporation's activities for the past year, a list of all
20.6 contracts entered into by the corporation, and a financial
20.7 report of revenues and expenditures of the corporation.
20.8 Subd. 8. [EXPIRATION.] The board of directors of Market
20.9 Champ, Inc. expires on June 30, 2003.
20.10 Sec. 16. Minnesota Statutes 1996, section 18C.141, is
20.11 amended to read:
20.12 18C.141 [SOIL AND MANURE TESTING LABORATORY CERTIFICATION.]
20.13 Subdivision 1. [PROGRAM ESTABLISHMENT.] The commissioner
20.14 shall establish a program to certify the accuracy of analyses
20.15 from soil and manure testing laboratories and promote
20.16 standardization of soil and manure testing procedures and
20.17 analytical results.
20.18 Subd. 2. [CHECK SAMPLE SYSTEM.] (a) The commissioner shall
20.19 institute a system of check samples that requires a laboratory
20.20 to be certified to analyze at least four two multiple soil or
20.21 manure check samples during the calendar year. The samples must
20.22 be supplied by the commissioner or by a person under contract
20.23 with the commissioner to prepare and distribute the samples.
20.24 (b) Within 30 days after the laboratory receives check
20.25 samples, the laboratory shall report to the commissioner the
20.26 results of the analyses for all requested elements or compounds
20.27 or for the elements or compounds the laboratory makes an
20.28 analytical determination of as a service to others.
20.29 (c) The commissioner shall compile analytical data
20.30 submitted by laboratories and provide laboratories submitting
20.31 samples with a copy of the data without laboratory names or code
20.32 numbers.
20.33 (d) The commissioner may conduct check samples on
20.34 laboratories that are not certified.
20.35 Subd. 3. [ANALYSES REPORTING STANDARDS.] (a) The results
20.36 obtained from soil, manure, or plant analysis must be reported
21.1 in accordance with standard reporting units established by the
21.2 commissioner by rule. The standard reporting units must conform
21.3 as far as practical to uniform standards that are adopted on a
21.4 regional or national basis.
21.5 (b) If a certified laboratory offers a recommendation, the
21.6 University of Minnesota recommendation or that of another land
21.7 grant college in a contiguous state must be offered in addition
21.8 to other recommendations, and the source of the recommendation
21.9 must be identified on the recommendation form. If relative
21.10 levels such as low, medium, or high are presented to classify
21.11 the analytical results, the corresponding relative levels based
21.12 on the analysis as designated by the University of Minnesota or
21.13 the land grant college in a contiguous state must also be
21.14 presented.
21.15 Subd. 4. [REVOCATION OF CERTIFICATION.] If the
21.16 commissioner determines that analysis being performed by a
21.17 laboratory is inaccurate as evidenced by check sample results,
21.18 the commissioner may deny, suspend, or revoke certification.
21.19 Subd. 5. [CERTIFICATION FEES.] (a) A laboratory applying
21.20 for certification shall pay an application fee of $100 and a
21.21 certification fee of $100 before the certification is issued.
21.22 (b) Certification is valid for one year and the renewal fee
21.23 is $100. The commissioner shall charge an additional
21.24 application fee of $100 if a certified laboratory allows
21.25 certification to lapse before applying for renewed certification.
21.26 (c) The commissioner shall notify a certified lab that its
21.27 certification lapses within 30 to 60 days of the date when the
21.28 certification lapses.
21.29 Subd. 6. [RULES.] The commissioner shall adopt rules for
21.30 the establishment of minimum standards for laboratories,
21.31 equipment, procedures, and personnel used in soil and manure
21.32 analysis and rules necessary to administer and enforce this
21.33 section. The commissioner shall consult with representatives of
21.34 the fertilizer industry, representatives of the laboratories
21.35 doing business in this state, and with the University of
21.36 Minnesota college of agriculture before proposing rules.
22.1 Sec. 17. [18C.430] [COMMERCIAL ANIMAL WASTE TECHNICIAN.]
22.2 Subdivision 1. [REQUIREMENT.] (a) Except as provided in
22.3 paragraph (c), after March 1, 2000, a person may not manage or
22.4 apply animal wastes for hire without a valid commercial animal
22.5 waste technician license. This section does not apply to a
22.6 person managing or applying animal waste on land managed by the
22.7 person's employer.
22.8 (b) A person managing or applying animal wastes for hire
22.9 must have a valid license identification card when managing or
22.10 applying animal wastes for hire and must display it upon demand
22.11 by an authorized representative of the commissioner or a law
22.12 enforcement officer. The commissioner shall prescribe the
22.13 information required on the license identification card.
22.14 (c) A person who is not a licensed commercial animal waste
22.15 technician who has had at least two hours of training or
22.16 experience in animal waste management may manage or apply animal
22.17 waste for hire under the supervision of a commercial animal
22.18 waste technician.
22.19 Subd. 2. [RESPONSIBILITY.] A person required to be
22.20 licensed under this section who performs animal waste management
22.21 or application for hire or who employs a person to perform
22.22 animal waste management or application for compensation is
22.23 responsible for proper management or application of the animal
22.24 wastes.
22.25 Subd. 3. [LICENSE.] A commercial animal waste technician
22.26 license:
22.27 (1) is valid for three years and expires on December 31 of
22.28 the third year for which it is issued, unless suspended or
22.29 revoked before that date;
22.30 (2) is not transferable to another person; and
22.31 (3) must be prominently displayed to the public in the
22.32 commercial animal waste technician's place of business.
22.33 Subd. 4. [APPLICATION.] (a) A person must apply to the
22.34 commissioner for a commercial animal waste technician license on
22.35 forms and in the manner required by the commissioner and must
22.36 include the application fee. The commissioner shall prescribe
23.1 and administer an examination or equivalent measure to determine
23.2 if the applicant is eligible for the commercial animal waste
23.3 technician license.
23.4 (b) The commissioner of agriculture, in cooperation with
23.5 the Minnesota extension service and appropriate educational
23.6 institutions, shall establish and implement a program for
23.7 training and licensing commercial animal waste technicians.
23.8 Subd. 5. [RENEWAL APPLICATION.] A person must apply to the
23.9 commissioner of agriculture to renew a commercial animal waste
23.10 technician license and must include the application fee. The
23.11 commissioner may renew a commercial animal waste technician
23.12 license, subject to reexamination, attendance at workshops
23.13 approved by the commissioner, or other requirements imposed by
23.14 the commissioner to provide the animal waste technician with
23.15 information regarding changing technology and to help ensure a
23.16 continuing level of competence and ability to manage and apply
23.17 animal wastes properly. The applicant may renew a commercial
23.18 animal waste technician license within 12 months after
23.19 expiration of the license without having to meet initial testing
23.20 requirements. The commissioner may require additional
23.21 demonstration of animal waste technician qualification if a
23.22 person has had a license suspended or revoked or has had a
23.23 history of violations of this section.
23.24 Subd. 6. [FINANCIAL RESPONSIBILITY.] (a) A commercial
23.25 animal waste technician license may not be issued unless the
23.26 applicant furnishes proof of financial responsibility. The
23.27 financial responsibility may be demonstrated by (1) proof of net
23.28 assets equal to or greater than $50,000, or (2) a performance
23.29 bond or insurance of the kind and in an amount determined by the
23.30 commissioner of agriculture.
23.31 (b) The bond or insurance must cover a period of time at
23.32 least equal to the term of the applicant's license. The
23.33 commissioner shall immediately suspend the license of a person
23.34 who fails to maintain the required bond or insurance.
23.35 (c) An employee of a licensed person is not required to
23.36 maintain an insurance policy or bond during the time the
24.1 employer is maintaining the required insurance or bond.
24.2 (d) Applications for reinstatement of a license suspended
24.3 under paragraph (b) must be accompanied by proof of satisfaction
24.4 of judgments previously rendered.
24.5 Subd. 7. [APPLICATION FEE.] A person initially applying
24.6 for or renewing a commercial animal waste technician license
24.7 must pay a nonrefundable application fee of $50 and a fee of $10
24.8 for each additional identification card requested.
24.9 Sec. 18. Minnesota Statutes 1996, section 35.82,
24.10 subdivision 2, is amended to read:
24.11 Subd. 2. [DISPOSITION OF CARCASSES.] (a) Except as
24.12 provided in subdivision 1b and paragraph (d), every person
24.13 owning or controlling any domestic animal that has died or been
24.14 killed otherwise than by being slaughtered for human or animal
24.15 consumption, shall as soon as reasonably possible bury the
24.16 carcass at least three feet deep at a depth adequate to prevent
24.17 scavenging by other animals in the ground or thoroughly burn it
24.18 or dispose of it by another method approved by the board as
24.19 being effective for the protection of public health and the
24.20 control of livestock diseases. The board, through its executive
24.21 secretary, may issue permits to owners of rendering plants
24.22 located in Minnesota which are operated and conducted as
24.23 required by law, to transport carcasses of domestic animals and
24.24 fowl that have died, or have been killed otherwise than by being
24.25 slaughtered for human or animal consumption, over the public
24.26 highways to their plants for rendering purposes in accordance
24.27 with the rules adopted by the board relative to transportation,
24.28 rendering, and other provisions the board considers necessary to
24.29 prevent the spread of disease. The board may issue permits to
24.30 owners of rendering plants located in an adjacent state with
24.31 which a reciprocal agreement is in effect under subdivision 3.
24.32 (b) Carcasses collected by rendering plants under permit
24.33 may be used for pet food or mink food if the owner or operator
24.34 meets the requirements of subdivision 1b.
24.35 (c) An authorized employee or agent of the board may enter
24.36 private or public property and inspect the carcass of any
25.1 domestic animal that has died or has been killed other than by
25.2 being slaughtered for human or animal consumption. Failure to
25.3 dispose of the carcass of any domestic animal within the period
25.4 specified by this subdivision is a public nuisance. The board
25.5 may petition the district court of the county in which a carcass
25.6 is located for a writ requiring the abatement of the public
25.7 nuisance. A civil action commenced under this paragraph does
25.8 not preclude a criminal prosecution under this section. No
25.9 person may sell, offer to sell, give away, or convey along a
25.10 public road or on land the person does not own, the carcass of a
25.11 domestic animal when the animal died or was killed other than by
25.12 being slaughtered for human or animal consumption unless it is
25.13 done with a special permit pursuant to this section. The
25.14 carcass or parts of a domestic animal that has died or has been
25.15 killed other than by being slaughtered for human or animal
25.16 consumption may be transported along a public road for a medical
25.17 or scientific purpose if the carcass is enclosed in a leakproof
25.18 container to prevent spillage or the dripping of liquid waste.
25.19 The board may adopt rules relative to the transportation of the
25.20 carcass of any domestic animal for a medical or scientific
25.21 purpose. A carcass on a public thoroughfare may be transported
25.22 for burial or other disposition in accordance with this section.
25.23 No person who owns or controls diseased animals shall
25.24 negligently or willfully permit them to escape from that control
25.25 or to run at large.
25.26 (d) A sheep producer may compost sheep carcasses owned by
25.27 the producer on the producer's land without a permit and is
25.28 exempt from compost facility specifications contained in rules
25.29 of the board.
25.30 (e) The board shall develop best management practices for
25.31 dead animal disposal and the pollution control agency feedlot
25.32 program shall distribute them to livestock producers in the
25.33 state.
25.34 Sec. 19. Minnesota Statutes 1996, section 41A.09,
25.35 subdivision 1a, is amended to read:
25.36 Subd. 1a. [ETHANOL PRODUCTION GOAL.] It is a goal of the
26.1 state that ethanol production plants in the state attain a total
26.2 annual production level of 220,000,000 240,000,000 gallons.
26.3 Sec. 20. Minnesota Statutes 1997 Supplement, section
26.4 41A.09, subdivision 3a, is amended to read:
26.5 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
26.6 shall make cash payments to producers of ethanol, anhydrous
26.7 alcohol, and wet alcohol located in the state. These payments
26.8 shall apply only to ethanol, anhydrous alcohol, and wet alcohol
26.9 fermented in the state and produced at plants that have begun
26.10 production by June 30, 2000. For the purpose of this
26.11 subdivision, an entity that holds a controlling interest in more
26.12 than one ethanol plant is considered a single producer. The
26.13 amount of the payment for each producer's annual production is:
26.14 (1) except as provided in paragraph (b), for each gallon of
26.15 ethanol or anhydrous alcohol produced on or before June 30,
26.16 2000, or ten years after the start of production, whichever is
26.17 later, 20 cents per gallon; and
26.18 (2) for each gallon produced of wet alcohol on or before
26.19 June 30, 2000, or ten years after the start of production,
26.20 whichever is later, a payment in cents per gallon calculated by
26.21 the formula "alcohol purity in percent divided by five," and
26.22 rounded to the nearest cent per gallon, but not less than 11
26.23 cents per gallon.
26.24 The producer payments for anhydrous alcohol and wet alcohol
26.25 under this section may be paid to either the original producer
26.26 of anhydrous alcohol or wet alcohol or the secondary processor,
26.27 at the option of the original producer, but not to both.
26.28 (b) If the level of production at an ethanol plant
26.29 increases due to an increase in the production capacity of the
26.30 plant and the increased production begins by June 30, 2000, the
26.31 payment under paragraph (a), clause (1), applies to the
26.32 additional increment of production until ten years after the
26.33 increased production began. Once a plant's production capacity
26.34 reaches 15,000,000 gallons per year, no additional increment
26.35 will qualify for the payment.
26.36 (c) The commissioner shall make payments to producers of
27.1 ethanol or wet alcohol in the amount of 1.5 cents for each
27.2 kilowatt hour of electricity generated using closed-loop biomass
27.3 in a cogeneration facility at an ethanol plant located in the
27.4 state. Payments under this paragraph shall be made only for
27.5 electricity generated at cogeneration facilities that begin
27.6 operation by June 30, 2000. The payments apply to electricity
27.7 generated on or before the date ten years after the producer
27.8 first qualifies for payment under this paragraph. Total
27.9 payments under this paragraph in any fiscal year may not exceed
27.10 $750,000. For the purposes of this paragraph:
27.11 (1) "closed-loop biomass" means any organic material from a
27.12 plant that is planted for the purpose of being used to generate
27.13 electricity or for multiple purposes that include being used to
27.14 generate electricity; and
27.15 (2) "cogeneration" means the combined generation of:
27.16 (i) electrical or mechanical power; and
27.17 (ii) steam or forms of useful energy, such as heat, that
27.18 are used for industrial, commercial, heating, or cooling
27.19 purposes.
27.20 (d) Except for new production capacity approved under
27.21 paragraph (i), clause (1), the total payments under paragraphs
27.22 (a) and (b) to all producers may not exceed $34,000,000 in a
27.23 fiscal year. Total payments under paragraphs (a) and (b) to a
27.24 producer in a fiscal year may not exceed $3,000,000.
27.25 (e) By the last day of October, January, April, and July,
27.26 each producer shall file a claim for payment for ethanol,
27.27 anhydrous alcohol, and wet alcohol production during the
27.28 preceding three calendar months. A producer with more than one
27.29 plant shall file a separate claim for each plant. A producer
27.30 shall file a separate claim for the original production capacity
27.31 of each plant and for each additional increment of production
27.32 that qualifies under paragraph (b). A producer that files a
27.33 claim under this subdivision shall include a statement of the
27.34 producer's total ethanol, anhydrous alcohol, and wet alcohol
27.35 production in Minnesota during the quarter covered by the claim,
27.36 including anhydrous alcohol and wet alcohol produced or received
28.1 from an outside source. A producer shall file a separate claim
28.2 for any amount claimed under paragraph (c). For each claim and
28.3 statement of total ethanol, anhydrous alcohol, and wet alcohol
28.4 production filed under this subdivision, the volume of ethanol,
28.5 anhydrous alcohol, and wet alcohol production or amounts of
28.6 electricity generated using closed-loop biomass must be examined
28.7 by an independent certified public accountant in accordance with
28.8 standards established by the American Institute of Certified
28.9 Public Accountants.
28.10 (f) Payments shall be made November 15, February 15, May
28.11 15, and August 15. A separate payment shall be made for each
28.12 claim filed. The total quarterly payment to a producer under
28.13 this paragraph, excluding amounts paid under paragraph (c), may
28.14 not exceed $750,000. Except for new production capacity
28.15 approved under paragraph (i), clause (1), if the total amount
28.16 for which all other producers are eligible in a quarter under
28.17 paragraphs (a) and (b) exceeds $8,500,000, the commissioner
28.18 shall make payments for production capacity that is subject to
28.19 this restriction in the order in which the portion of production
28.20 capacity covered by each claim went into production. If the
28.21 total amount of ethanol or wet alcohol production reported for a
28.22 quarter under paragraph (e) equals or exceeds 55,000,000 gallons:
28.23 (1) payments under this subdivision do not apply to the
28.24 amount produced in excess of 55,000,000 gallons;
28.25 (2) the commissioner shall make payments to producers in
28.26 the order in which the portion of production capacity covered by
28.27 each claim began production; and
28.28 (3) only those producers that receive payments for the
28.29 quarter, or received payments under paragraph (a) or (b) in an
28.30 earlier quarter, will be eligible for future ethanol or wet
28.31 alcohol production payments under this subdivision.
28.32 (g) If the total amount for which all producers are
28.33 eligible in a quarter under paragraph (c) exceeds the amount
28.34 available for payments, the commissioner shall make payments in
28.35 the order in which the plants covered by the claims began
28.36 generating electricity using closed-loop biomass.
29.1 (h) After July 1, 1997, new production capacity is only
29.2 eligible for payment under this subdivision if the commissioner
29.3 receives:
29.4 (1) an application for approval of the new production
29.5 capacity;
29.6 (2) an appropriate letter of long-term financial commitment
29.7 for construction of the new production capacity; and
29.8 (3) copies of all necessary permits for construction of the
29.9 new production capacity.
29.10 The commissioner may approve the additional new production
29.11 capacity based on the order in which the applications are
29.12 received. The commissioner shall not approve production
29.13 capacity in excess of the limitations in paragraph (f).
29.14 (i) After the effective date of this section, the
29.15 commissioner may only approve: (1) up to 12,000,000 gallons of
29.16 new production capacity at one plant that has not previously
29.17 received approval or payment for any production capacity; or (2)
29.18 new production capacity at existing plants are not eligible for
29.19 new capacity beyond not to exceed planned expansions reported to
29.20 the commissioner by February 1997. The commissioner may not
29.21 approve any new production capacity after July 1, 1998.
29.22 (j) For the purposes of this subdivision "new production
29.23 capacity" means annual ethanol production capacity that was not
29.24 allowed under a permit issued by the pollution control agency
29.25 prior to July 1, 1997, or for which construction did not begin
29.26 prior to July 1, 1997.
29.27 Sec. 21. Minnesota Statutes 1997 Supplement, section
29.28 84.8205, is amended to read:
29.29 84.8205 [SNOWMOBILE STATE TRAIL PERMIT STICKER.]
29.30 Subdivision 1. [STICKER REQUIRED; FEE.] A person may not
29.31 operate a snowmobile that is not registered in this state may
29.32 not be operated on a state or grant-in-aid snowmobile trail
29.33 unless a snowmobile state trail sticker is affixed to the
29.34 snowmobile operator has in possession a snowmobile state trail
29.35 permit. The commissioner of natural resources shall issue a
29.36 permit sticker upon application and payment of a $15 fee. The
30.1 permit sticker is valid from November 1 through April 30. Fees
30.2 collected under this section shall be deposited in the state
30.3 treasury and credited to the snowmobile trails and enforcement
30.4 account in the natural resources fund.
30.5 Subd. 2. [PLACEMENT OF STICKER.] The state trail sticker
30.6 shall be permanently affixed to the forward half of the
30.7 snowmobile directly above or below the headlight of the
30.8 snowmobile.
30.9 Subd. 3. [LICENSE AGENTS.] County auditors are appointed
30.10 agents of the commissioner for the sale of snowmobile state
30.11 trail stickers. The commissioner may appoint other state
30.12 agencies as agents for the sale of the stickers. A county
30.13 auditor may appoint subagents within the county or within
30.14 adjacent counties to sell stickers. Upon appointment of a
30.15 subagent, the auditor shall notify the commissioner of the name
30.16 and address of the subagent. The auditor may revoke the
30.17 appointment of a subagent, and the commissioner may revoke the
30.18 appointment of a state agency at any time. The commissioner may
30.19 require an auditor to revoke a subagent's appointment. The
30.20 auditor shall furnish stickers on consignment to any subagent
30.21 who furnishes a surety bond in favor of the county in an amount
30.22 at least equal to the value of the stickers to be consigned to
30.23 that subagent. A surety bond is not required for a state agency
30.24 appointed by the commissioner. The county auditor shall be
30.25 responsible for all stickers issued to and user fees received by
30.26 agents except in a county where the county auditor does not
30.27 retain fees paid for license purposes. In these counties, the
30.28 responsibilities imposed by this section upon the county auditor
30.29 are imposed upon the county. The commissioner may promulgate
30.30 additional rules governing the accounting and procedures for
30.31 handling state trail stickers as provided in section 97A.485,
30.32 subdivision 11.
30.33 Any resident desiring to sell snowmobile state trail
30.34 stickers may either purchase for cash or obtain on consignment
30.35 stickers from a county auditor in groups of not less than ten
30.36 individual stickers. In selling stickers, the resident shall be
31.1 deemed a subagent of the county auditor and the commissioner,
31.2 and shall observe all rules promulgated by the commissioner for
31.3 accounting and handling of licenses and stickers pursuant to
31.4 section 97A.485, subdivision 11.
31.5 The county auditor shall promptly deposit all money
31.6 received from the sale of the stickers with the county treasurer
31.7 and shall promptly transmit any reports required by the
31.8 commissioner, plus 96 percent of the price paid by each
31.9 stickerholder, exclusive of the issuing fee, for each sticker
31.10 sold or consigned by the auditor and subsequently sold to a
31.11 stickerholder during the accounting period. The county auditor
31.12 shall retain as a commission four percent of all sticker fees,
31.13 excluding the issuing fee for stickers consigned to subagents
31.14 and the issuing fee on stickers sold by the auditor to
31.15 stickerholders.
31.16 Unsold stickers in the hands of any subagent shall be
31.17 redeemed by the commissioner if presented for redemption within
31.18 the time prescribed by the commissioner. Any stickers not
31.19 presented for redemption within the period prescribed shall be
31.20 conclusively presumed to have been sold, and the subagent
31.21 possessing the same or to whom they are charged shall be
31.22 accountable.
31.23 Subd. 4. [DISTRIBUTION OF STICKERS.] The commissioner
31.24 shall provide stickers to all agents authorized to issue
31.25 stickers by the commissioner.
31.26 Subd. 5. [AGENT'S FEE.] The fee for a sticker shall be
31.27 increased by the amount of an issuing fee of $1 per sticker.
31.28 The issuing fee may be retained by the seller of the sticker.
31.29 Sec. 22. Minnesota Statutes 1997 Supplement, section
31.30 84.86, subdivision 1, is amended to read:
31.31 Subdivision 1. With a view of achieving maximum use of
31.32 snowmobiles consistent with protection of the environment the
31.33 commissioner of natural resources shall adopt rules in the
31.34 manner provided by chapter 14, for the following purposes:
31.35 (1) Registration of snowmobiles and display of registration
31.36 numbers.
32.1 (2) Use of snowmobiles insofar as game and fish resources
32.2 are affected.
32.3 (3) Use of snowmobiles on public lands and waters, or on
32.4 grant-in-aid trails, including, but not limited to, the use of
32.5 specified metal traction devices and nonmetal traction devices.
32.6 (4) Uniform signs to be used by the state, counties, and
32.7 cities, which are necessary or desirable to control, direct, or
32.8 regulate the operation and use of snowmobiles.
32.9 (5) Specifications relating to snowmobile mufflers.
32.10 (6) A comprehensive snowmobile information and safety
32.11 education and training program, including but not limited to the
32.12 preparation and dissemination of snowmobile information and
32.13 safety advice to the public, the training of snowmobile
32.14 operators, and the issuance of snowmobile safety certificates to
32.15 snowmobile operators who successfully complete the snowmobile
32.16 safety education and training course. For the purpose of
32.17 administering such program and to defray a portion of the
32.18 expenses of training and certifying snowmobile operators, the
32.19 commissioner shall collect a fee of not to exceed $5 from each
32.20 person who receives the youth and young adult training and a fee
32.21 established under chapter 16A from each person who receives the
32.22 adult training. The commissioner shall deposit the fee in the
32.23 snowmobile trails and enforcement account and the amount thereof
32.24 is appropriated annually to the commissioner of natural
32.25 resources for the administration of such programs. The
32.26 commissioner shall cooperate with private organizations and
32.27 associations, private and public corporations, and local
32.28 governmental units in furtherance of the program established
32.29 under this clause. The commissioner shall consult with the
32.30 commissioner of public safety in regard to training program
32.31 subject matter and performance testing that leads to the
32.32 certification of snowmobile operators.
32.33 (7) The operator of any snowmobile involved in an accident
32.34 resulting in injury requiring medical attention or
32.35 hospitalization to or death of any person or total damage to an
32.36 extent of $500 or more, shall forward a written report of the
33.1 accident to the commissioner on such form as the commissioner
33.2 shall prescribe. If the operator is killed or is unable to file
33.3 a report due to incapacitation, any peace officer investigating
33.4 the accident shall file the accident report within ten business
33.5 days.
33.6 Sec. 23. Minnesota Statutes 1996, section 84.871, is
33.7 amended to read:
33.8 84.871 [MUFFLERS EQUIPMENT REQUIREMENTS.]
33.9 Subdivision 1. [MUFFLERS.] Except as provided in this
33.10 section, every snowmobile shall be equipped at all times with a
33.11 muffler in good working order which blends the exhaust noise
33.12 into the overall snowmobile noise and is in constant operation
33.13 to prevent excessive or unusual noise. The exhaust system shall
33.14 not emit or produce a sharp popping or crackling sound. This
33.15 section does not apply to organized races or similar competitive
33.16 events held on (1) private lands, with the permission of the
33.17 owner, lessee, or custodian of the land; (2) public lands and
33.18 water under the jurisdiction of the commissioner of natural
33.19 resources, with the commissioner's permission; or (3) other
33.20 public lands, with the consent of the public agency owning the
33.21 land. No person shall have for sale, sell, or offer for sale on
33.22 any new snowmobile any muffler that fails to comply with the
33.23 specifications required by the rules of the commissioner after
33.24 the effective date of the rules.
33.25 Subd. 2. [METAL TRACTION DEVICES ON SNOWMOBILE
33.26 TRACKS.] Except as provided in this subdivision, a person may
33.27 not operate a snowmobile with a track equipped with metal
33.28 traction devices on public lands, roads, or trails, or public
33.29 road or trail rights-of-way. Pursuant to section 84.86, the
33.30 commissioner may adopt rules that: (1) limit the use of
33.31 nonmetal traction devices; and (2) permit metal traction devices
33.32 that meet certain specifications.
33.33 Sec. 24. [84.8715] [METAL TRACTION DEVICE STICKER.]
33.34 Subdivision 1. [STICKER REQUIRED; FEE.] A person may not
33.35 operate a snowmobile with a track equipped with metal traction
33.36 devices unless a metal traction device sticker is affixed to the
34.1 snowmobile. The commissioner shall issue a metal traction
34.2 device sticker upon application and payment of a $50 fee. The
34.3 sticker is valid for one year following June 30 in the year it
34.4 is issued. Fees collected under this section shall be deposited
34.5 in the state treasury and credited to the snowmobile trails and
34.6 enforcement account in the natural resources fund. Money
34.7 deposited under this section must be used for repair of paved
34.8 public trails except that any money not necessary for this
34.9 purpose may be used for the grant-in-aid snowmobile trail system.
34.10 Subd. 2. [PLACEMENT OF STICKER.] The metal traction device
34.11 sticker must be permanently affixed to the forward half of the
34.12 snowmobile directly above or below the headlight of the
34.13 snowmobile.
34.14 Subd. 3. [LICENSE AGENTS.] The commissioner shall sell
34.15 metal traction device stickers through the process established
34.16 under section 84.8205.
34.17 Subd. 4. [REPEALER.] This section is repealed on July 1,
34.18 1999.
34.19 Sec. 25. Minnesota Statutes 1997 Supplement, section
34.20 85.015, subdivision 1c, is amended to read:
34.21 Subd. 1c. [METAL TRACTION DEVICES; PROHIBITION ON PAVED
34.22 TRAILS.] A person may not use a snowmobile with metal traction
34.23 devices on any paved state public trail, except as otherwise
34.24 provided by a local government with jurisdiction over a trail.
34.25 Sec. 26. [85.0156] [MISSISSIPPI WHITEWATER TRAIL.]
34.26 Subdivision 1. [CREATION.] An urban whitewater trail is
34.27 created along the Mississippi river in the lower St. Anthony
34.28 falls area below the stone arch bridge in Minneapolis. The
34.29 trail must be primarily developed for whitewater rafters,
34.30 canoers, and kayakers.
34.31 Subd. 2. [COMMISSIONER'S DUTIES.] (a) The commissioner of
34.32 natural resources must coordinate the creation of the whitewater
34.33 trail by placing designation signs near and along the river and
34.34 must publicize the designation.
34.35 (b) In designating the Mississippi whitewater trail, the
34.36 commissioner must work with other federal, state, and local
35.1 agencies and private businesses and organizations interested in
35.2 the trail.
35.3 Subd. 3. [GIFTS; DONATIONS.] The commissioner of natural
35.4 resources is authorized to accept, on behalf of a nonprofit
35.5 corporation, donations of land or easements in land for the
35.6 whitewater trail and may seek and accept money for the trail
35.7 from other public and private sources.
35.8 Sec. 27. Minnesota Statutes 1996, section 86B.101,
35.9 subdivision 2, is amended to read:
35.10 Subd. 2. [YOUTH WATERCRAFT SAFETY COURSE.] (a) The
35.11 commissioner shall establish an educational course and a testing
35.12 program for personal watercraft and watercraft operators and for
35.13 persons age 12 or older but younger than age 18 required to take
35.14 the watercraft safety course. The commissioner shall prescribe
35.15 a written test as part of the course. A personal watercraft
35.16 educational course and testing program that emphasizes safe and
35.17 legal operation must be required for persons age 13 or older but
35.18 younger than age 18 operating personal watercraft.
35.19 (b) The commissioner shall issue a watercraft operator's
35.20 permit to a person age 12 or older but younger than age 18 who
35.21 successfully completes the educational program and the written
35.22 test.
35.23 Sec. 28. Minnesota Statutes 1996, section 86B.415,
35.24 subdivision 1, is amended to read:
35.25 Subdivision 1. [WATERCRAFT 19 FEET OR LESS.] The fee for a
35.26 watercraft license for watercraft 19 feet or less in length is
35.27 $12 except:
35.28 (1) for watercraft, other than personal watercraft, 19 feet
35.29 in length or less that is offered for rent or lease, the fee is
35.30 $6;
35.31 (2) for a canoe, kayak, sailboat, sailboard, paddle boat,
35.32 or rowing shell 19 feet in length or less, the fee is $7;
35.33 (3) for a watercraft 19 feet in length or less used by a
35.34 nonprofit corporation for teaching boat and water safety, the
35.35 fee is as provided in subdivision 4; and
35.36 (4) for a watercraft owned by a dealer under a dealer's
36.1 license, the fee is as provided in subdivision 5.
36.2 Sec. 29. Minnesota Statutes 1996, section 86B.415, is
36.3 amended by adding a subdivision to read:
36.4 Subd. 7a. [PERSONAL WATERCRAFT SURCHARGE.] A $50 surcharge
36.5 is placed on each personal watercraft licensed under
36.6 subdivisions 1 to 5 for enforcement of personal watercraft laws
36.7 and for personal watercraft safety education. The surcharge
36.8 must be deposited in the state treasury and credited to the
36.9 water recreation account in the natural resources fund. Any
36.10 grants to counties from revenue collected under this subdivision
36.11 must be proportional to the use of personal watercraft in each
36.12 county. Grants made under this subdivision are subject to the
36.13 applicable administrative, reporting, and auditing requirements
36.14 in sections 86B.701 and 86B.705.
36.15 Sec. 30. Minnesota Statutes 1996, section 89A.03,
36.16 subdivision 1, is amended to read:
36.17 Subdivision 1. [MEMBERSHIP.] The Minnesota forest
36.18 resources council has 13 members appointed by the governor and
36.19 one member appointed by the Indian affairs council. The council
36.20 membership appointed by the governor must include one
36.21 representative from each of the following individuals:
36.22 (1) a representative from an organization representing
36.23 environmental interests within the state;
36.24 (2) a representative from an organization representing the
36.25 interests of management of game species;
36.26 (3) a representative from a conservation organization;
36.27 (4) a representative from an association representing
36.28 forest products industry within the state;
36.29 (5) a commercial logging contractor active in a forest
36.30 product association;
36.31 (6) a representative from a statewide association
36.32 representing the resort and tourism industry;
36.33 (7) a faculty or researcher of a Minnesota research or
36.34 higher educational institution;
36.35 (8) an owner of nonindustrial, private forest land of 40
36.36 acres or more;
37.1 (9) an agricultural woodlot owner;
37.2 (10) a representative from the department;
37.3 (11) a county land commissioner who is a member of the
37.4 Minnesota association of county land commissioners;
37.5 (12) a representative from the United States Forest Service
37.6 unit with land management responsibility in Minnesota; and
37.7 (13) a representative from a labor organization with
37.8 membership having an interest in forest resource issues.
37.9 Sec. 31. Minnesota Statutes 1996, section 90.193, is
37.10 amended to read:
37.11 90.193 [EXTENSION OF TIMBER PERMITS.]
37.12 The commissioner may, in the case of an exceptional
37.13 circumstance beyond the control of the timber permit holder
37.14 which makes it unreasonable, impractical, and not feasible to
37.15 complete cutting and removal under the permit within the time
37.16 allowed, grant an extension of one year. A request for the
37.17 extension must be received by the commissioner before the permit
37.18 expires. The request must state the reason the extension is
37.19 necessary and be signed by the permit holder. The value of the
37.20 timber remaining to be cut will be recalculated using current
37.21 stumpage rates. Any timber cut during the period of extension
37.22 or remaining uncut at the expiration of the extension shall be
37.23 billed for at the stumpage rates determined at the time of
37.24 extension provided that in no event shall stumpage rates be less
37.25 than those in effect at the time of the original sale. An
37.26 interest rate of eight percent will may be charged for the
37.27 period of extension.
37.28 Sec. 32. Minnesota Statutes 1996, section 93.002,
37.29 subdivision 1, is amended to read:
37.30 Subdivision 1. [ESTABLISHMENT.] The mineral coordinating
37.31 committee is established to plan for diversified mineral
37.32 development. The mineral coordinating committee consists of the
37.33 director of the minerals division of the department of natural
37.34 resources, the deputy commissioner of the Minnesota pollution
37.35 control agency, the director of United Steelworkers of America,
37.36 district 11, or the director's designee, the commissioner of the
38.1 iron range resources and rehabilitation board, the director of
38.2 the Minnesota geological survey, the dean of the University of
38.3 Minnesota institute of technology, and the director of the
38.4 natural resources research institute, and three individuals
38.5 appointed by the governor for a four-year term, one each
38.6 representing the iron ore and taconite, the nonferrous metallic
38.7 minerals, and the industrial minerals industries within the
38.8 state. The director of the minerals division of the department
38.9 of natural resources shall serve as chair. A member of the
38.10 committee may designate another person of the member's
38.11 organization to act in the member's place. The commissioner of
38.12 natural resources shall provide staff and administrative
38.13 services necessary for the committee's activities.
38.14 The mineral coordinating committee is encouraged to solicit
38.15 and receive advice from representatives of the United States
38.16 Bureau of Mines, the United States Geological Survey, and the
38.17 United States Environmental Protection Agency.
38.18 Sec. 33. Minnesota Statutes 1996, section 97A.037,
38.19 subdivision 1, is amended to read:
38.20 Subdivision 1. [INTERFERENCE WITH TAKING WILD ANIMALS
38.21 PROHIBITED.] A person who has the intent to prevent, or disrupt,
38.22 or dissuade the taking of another person from taking or
38.23 preparing to take a wild animal or enjoyment of the out-of-doors
38.24 may must not disturb or interfere with another that person who
38.25 if that person is lawfully taking a wild animal or preparing to
38.26 take a wild animal. "Preparing to take a wild animal" includes
38.27 travel, camping, and other acts that occur on land or water
38.28 where the affected person has the right or privilege to take
38.29 lawfully a wild animal.
38.30 Sec. 34. Minnesota Statutes 1996, section 97A.245, is
38.31 amended to read:
38.32 97A.245 [REWARDS.]
38.33 The commissioner may pay rewards for information leading to
38.34 the conviction of a person that has violated a provision of laws
38.35 relating to wild animals or threatened or endangered species of
38.36 wildlife. A reward may not exceed $500, except a reward for
39.1 information relating to big game or threatened or endangered
39.2 species of wildlife, may be up to $1,000 and a reward for
39.3 information relating to timber wolves may be up to $2,500. The
39.4 rewards may only be paid from funds donated to the commissioner
39.5 for these purposes and may not be paid to salaried conservation
39.6 officers or peace officers.
39.7 Sec. 35. Minnesota Statutes 1996, section 103C.315,
39.8 subdivision 4, is amended to read:
39.9 Subd. 4. [COMPENSATION.] A supervisor shall receive
39.10 compensation for services as the state board may determine, and
39.11 may be reimbursed for expenses, including traveling expenses,
39.12 necessarily incurred in the discharge of duties. A supervisor
39.13 shall may be reimbursed for the use of the supervisor's own
39.14 automobile in the performance of official duties at the a rate
39.15 per mile prescribed for state officers and employees up to the
39.16 maximum tax-deductible mileage rate permitted under the federal
39.17 Internal Revenue Code.
39.18 Sec. 36. Minnesota Statutes 1996, section 103F.155,
39.19 subdivision 2, is amended to read:
39.20 Subd. 2. [COMMISSIONER'S REVIEW.] (a) The commissioner
39.21 shall review the plan and consult with the state office of civil
39.22 defense and other appropriate state and federal agencies.
39.23 Following the review, the commissioner shall accept, require
39.24 modification, or reject the plan.
39.25 (b) If required modifications are not made, or if the plan
39.26 is rejected, the commissioner shall order the removal of the
39.27 emergency protection measures and shall not provide grant money
39.28 under section 103F.161 until the plan is approved or the
39.29 required modifications are made.
39.30 Sec. 37. Minnesota Statutes 1996, section 103F.161,
39.31 subdivision 2, is amended to read:
39.32 Subd. 2. [ACTION ON GRANT APPLICATIONS.] (a) A local
39.33 government may apply to the commissioner for a grant on forms
39.34 provided by the commissioner. The commissioner shall confer
39.35 with the local government requesting the grant and may make a
39.36 grant up to $75,000 $150,000 based on the following
40.1 considerations:
40.2 (1) the extent and effectiveness of mitigation measures
40.3 already implemented by the local government requesting the
40.4 grant;
40.5 (2) the feasibility, practicality, and effectiveness of the
40.6 proposed mitigation measures and the associated nonflood related
40.7 benefits and detriments;
40.8 (3) the level of grant assistance that should be provided
40.9 to the local government, based on available facts regarding the
40.10 nature, extent, and severity of flood problems;
40.11 (4) the frequency of occurrence of severe flooding that has
40.12 resulted in declaration of the area as a flood disaster area by
40.13 the President of the United States;
40.14 (5) the economic, social, and environmental benefits and
40.15 detriments of the proposed mitigation measures;
40.16 (6) whether the floodplain management ordinance or
40.17 regulation adopted by the local government meets the minimum
40.18 standards established by the commissioner, the degree of
40.19 enforcement of the ordinance or regulation, and whether the
40.20 local government is complying with the ordinance or regulation;
40.21 (7) the degree to which the grant request is consistent
40.22 with local water plans developed under chapters 103B and 103D;
40.23 (8) the financial capability of the local government to
40.24 solve its flood hazard problems without financial assistance;
40.25 and
40.26 (9) the estimated cost and method of financing of the
40.27 proposed mitigation measures based on local money and federal
40.28 and state financial assistance.
40.29 (b) If the amount of the grant requested
40.30 is $75,000 $150,000 or more, the commissioner shall determine,
40.31 under the considerations in paragraph (a), whether any part of
40.32 the grant should be awarded. The commissioner must submit an
40.33 appropriation request to the governor and the legislature for
40.34 funding consideration before each odd-numbered year, consisting
40.35 of requests or parts of grant requests of $75,000 $150,000 or
40.36 more. The commissioner must prioritize the grant requests,
41.1 under the considerations in paragraph (a), beginning with the
41.2 projects the commissioner determines most deserving of financing.
41.3 (c) A grant may not exceed one-half the total cost of the
41.4 proposed mitigation measures.
41.5 (d) After July 1, 1991, grants made under this section may
41.6 be made to local governments whose grant requests are part of,
41.7 or responsive to, a comprehensive local water plan prepared
41.8 under chapter 103B or 103D.
41.9 Sec. 38. Minnesota Statutes 1996, section 103G.271,
41.10 subdivision 6, is amended to read:
41.11 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as
41.12 described in paragraphs (b) to (f), a water use permit
41.13 processing fee must be prescribed by the commissioner in
41.14 accordance with the following schedule of fees for each water
41.15 use permit in force at any time during the year:
41.16 (1) 0.05 cents per 1,000 gallons for the first 50,000,000
41.17 gallons per year;
41.18 (2) 0.10 cents per 1,000 gallons for amounts greater than
41.19 50,000,000 gallons but less than 100,000,000 gallons per year;
41.20 (3) 0.15 cents per 1,000 gallons for amounts greater than
41.21 100,000,000 gallons but less than 150,000,000 gallons per year;
41.22 and
41.23 (4) 0.20 cents per 1,000 gallons for amounts greater than
41.24 150,000,000 gallons but less than 200,000,000 gallons per year;
41.25 (5) 0.25 cents per 1,000 gallons for amounts greater than
41.26 200,000,000 gallons but less than 250,000,000 gallons per year;
41.27 (6) 0.30 cents per 1,000 gallons for amounts greater than
41.28 250,000,000 gallons but less than 300,000,000 gallons per year;
41.29 (7) 0.35 cents per 1,000 gallons for amounts greater than
41.30 300,000,000 gallons but less than 350,000,000 gallons per year;
41.31 (8) 0.40 cents per 1,000 gallons for amounts greater than
41.32 350,000,000 gallons but less than 400,000,000 gallons per year;
41.33 and
41.34 (9) 0.45 cents per 1,000 gallons for amounts greater than
41.35 400,000,000 gallons per year.
41.36 (b) For once-through cooling systems, a water use
42.1 processing fee must be prescribed by the commissioner in
42.2 accordance with the following schedule of fees for each water
42.3 use permit in force at any time during the year:
42.4 (1) for nonprofit corporations and school districts:
42.5 (i) 5.0 cents per 1,000 gallons until December 31, 1991;
42.6 (ii) 10.0 cents per 1,000 gallons from January 1, 1992,
42.7 until December 31, 1996; and
42.8 (iii), 15.0 cents per 1,000 gallons after January 1, 1997;
42.9 and
42.10 (2) for all other users, 20 cents per 1,000 gallons.
42.11 (c) The fee is payable based on the amount of water
42.12 appropriated during the year and, except as provided in
42.13 paragraph (f), the minimum fee is $50.
42.14 (d) For water use processing fees other than once-through
42.15 cooling systems:
42.16 (1) the fee for a city of the first class may not exceed
42.17 $175,000 per year;
42.18 (2) the fee for other entities for any permitted use may
42.19 not exceed:
42.20 (i) $35,000 per year for an entity holding three or fewer
42.21 permits;
42.22 (ii) $50,000 per year for an entity holding four or five
42.23 permits;
42.24 (iii) $175,000 per year for an entity holding more than
42.25 five permits;
42.26 (3) the fee for agricultural irrigation may not exceed $750
42.27 per year; and
42.28 (4) the fee for a municipality that furnishes electric
42.29 service and cogenerates steam for home heating may not exceed
42.30 $10,000 for its permit for water use related to the cogeneration
42.31 of electricity and steam; and
42.32 (5) no fee is required for a project involving the
42.33 appropriation of surface water to prevent flood damage or to
42.34 remove flood waters during a period of flooding, as determined
42.35 by the commissioner.
42.36 (e) Failure to pay the fee is sufficient cause for revoking
43.1 a permit. A penalty of two percent per month calculated from
43.2 the original due date must be imposed on the unpaid balance of
43.3 fees remaining 30 days after the sending of a second notice of
43.4 fees due. A fee may not be imposed on an agency, as defined in
43.5 section 16B.01, subdivision 2, or federal governmental agency
43.6 holding a water appropriation permit.
43.7 (f) The minimum water use processing fee for a permit
43.8 issued for irrigation of agricultural land is $10 for years in
43.9 which:
43.10 (1) there is no appropriation of water under the permit; or
43.11 (2) the permit is suspended for more than seven consecutive
43.12 days between May 1 and October 1.
43.13 (g) For once-through systems fees payable after July 1,
43.14 1993, 75 percent of the fees must be credited to a special
43.15 account and are appropriated to the Minnesota public facilities
43.16 authority for loans under section 446A.21.
43.17 Sec. 39. Minnesota Statutes 1996, section 115.076,
43.18 subdivision 1, is amended to read:
43.19 Subdivision 1. [AUTHORITY OF COMMISSIONER.] (a) The agency
43.20 may refuse to issue or to authorize the transfer of:
43.21 (1) a hazardous waste facility permit or a solid waste
43.22 facility permit to construct or operate a commercial waste
43.23 facility as defined in section 115A.03, subdivision 6, if the
43.24 agency determines that the permit applicant does not possess
43.25 sufficient expertise and competence to operate the facility in
43.26 conformance with the requirements of this chapter and chapters
43.27 114C and 116, or if other circumstances exist that demonstrate
43.28 that the permit applicant may not operate the facility in
43.29 conformance with the requirements of this chapter and chapters
43.30 114C and 116; or
43.31 (2) an animal feedlot facility permit, under section
43.32 116.07, subdivision 7, to construct or operate an animal feedlot
43.33 facility, if the agency determines that the permit applicant
43.34 does not possess sufficient expertise and competence to operate
43.35 the feedlot facility in conformance with the requirements of
43.36 this chapter and chapter 116 or if other circumstances exist
44.1 that demonstrate that the permit applicant may not operate the
44.2 feedlot facility in conformance with the requirements of this
44.3 chapter and chapter 116.
44.4 (b) In making this a determination under paragraph (a), the
44.5 agency may consider:
44.6 (1) the experience of the permit applicant in constructing
44.7 or operating commercial waste facilities or animal feedlot
44.8 facilities;
44.9 (2) the expertise of the permit applicant;
44.10 (3) the past record of the permit applicant in operating
44.11 commercial waste facilities or animal feedlot facilities in
44.12 Minnesota and other states;
44.13 (4) any criminal convictions of the permit applicant in
44.14 state or federal court during the past five years that bear on
44.15 the likelihood that the permit applicant will operate the
44.16 facility in conformance with the applicable requirements of this
44.17 chapter and chapters 114C and 116; and
44.18 (5) in the case of a corporation or business entity, any
44.19 criminal convictions in state or federal court during the past
44.20 five years of any of the permit applicant's officers, partners,
44.21 or facility managers that bear on the likelihood that the
44.22 facility will be operated in conformance with the applicable
44.23 requirements of this chapter and chapters 114C and 116.
44.24 Sec. 40. Minnesota Statutes 1997 Supplement, section
44.25 115.55, subdivision 5a, is amended to read:
44.26 Subd. 5a. [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a)
44.27 An inspection of an existing system must evaluate the criteria
44.28 in paragraphs (b) to (h).
44.29 (b) If the inspector finds one or more of the following
44.30 conditions:
44.31 (1) sewage discharge to surface water;
44.32 (2) sewage discharge to ground surface;
44.33 (3) sewage backup; or
44.34 (4) a cesspool; or
44.35 (5) any other situation with the potential to immediately
44.36 and adversely affect or threaten public health or safety,
45.1 then the system constitutes an imminent threat to public health
45.2 or safety and, if not repaired, must be upgraded, replaced, or
45.3 its use discontinued within ten months of receipt of the notice
45.4 described in subdivision 5b, or within a shorter period of time
45.5 if required by local ordinance.
45.6 (c) An existing system that has none of the conditions in
45.7 paragraph (b), and has at least two feet of soil separation need
45.8 not be upgraded, repaired, replaced, or its use discontinued,
45.9 notwithstanding any local ordinance that is more restrictive.
45.10 (d) Paragraph (c) does not apply to systems in shoreland
45.11 areas regulated under sections 103F.201 to 103F.221, wellhead
45.12 protection areas as defined in section 103I.005, or those used
45.13 in connection with food, beverage, and lodging establishments
45.14 regulated under chapter 157.
45.15 (e) If the local unit of government with jurisdiction over
45.16 the system has adopted an ordinance containing local standards
45.17 pursuant to subdivision 7, the existing system must comply with
45.18 the ordinance. If the system does not comply with the
45.19 ordinance, it must be upgraded, replaced, or its use
45.20 discontinued according to the ordinance.
45.21 (f) If a seepage pit, drywell, cesspool, or leaching pit
45.22 exists and the local unit of government with jurisdiction over
45.23 the system has not adopted local standards to the contrary, the
45.24 system is failing and must be upgraded, replaced, or its use
45.25 discontinued within the time required by subdivision 3 or local
45.26 ordinance.
45.27 (g) If the system fails to provide sufficient groundwater
45.28 protection, then the local unit of government or its agent shall
45.29 order that the system be upgraded, replaced, or its use
45.30 discontinued within the time required by rule or the local
45.31 ordinance.
45.32 (h) The authority to find a threat to public health under
45.33 section 145A.04, subdivision 8, is in addition to the authority
45.34 to make a finding under paragraphs (b) to (d).
45.35 Sec. 41. Minnesota Statutes 1997 Supplement, section
45.36 116.07, subdivision 7, is amended to read:
46.1 Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL
46.2 LOT PERMITS.] Any Minnesota county board may, by resolution,
46.3 with approval of the pollution control agency, assume
46.4 responsibility for processing applications for permits required
46.5 by the pollution control agency under this section for livestock
46.6 feedlots, poultry lots or other animal lots. The responsibility
46.7 for permit application processing, if assumed by a county, may
46.8 be delegated by the county board to any appropriate county
46.9 officer or employee.
46.10 (a) For the purposes of this subdivision, the term
46.11 "processing" includes:
46.12 (1) the distribution to applicants of forms provided by the
46.13 pollution control agency;
46.14 (2) the receipt and examination of completed application
46.15 forms, and the certification, in writing, to the pollution
46.16 control agency either that the animal lot facility for which a
46.17 permit is sought by an applicant will comply with applicable
46.18 rules and standards, or, if the facility will not comply, the
46.19 respects in which a variance would be required for the issuance
46.20 of a permit; and
46.21 (3) rendering to applicants, upon request, assistance
46.22 necessary for the proper completion of an application.
46.23 (b) For the purposes of this subdivision, the term
46.24 "processing" may include, at the option of the county board,
46.25 issuing, denying, modifying, imposing conditions upon, or
46.26 revoking permits pursuant to the provisions of this section or
46.27 rules promulgated pursuant to it, subject to review, suspension,
46.28 and reversal by the pollution control agency. The pollution
46.29 control agency shall, after written notification, have 15 days
46.30 to review, suspend, modify, or reverse the issuance of the
46.31 permit. After this period, the action of the county board is
46.32 final, subject to appeal as provided in chapter 14.
46.33 (c) For the purpose of administration of rules adopted
46.34 under this subdivision, the commissioner and the agency may
46.35 provide exceptions for cases where the owner of a feedlot has
46.36 specific written plans to close the feedlot within five years.
47.1 These exceptions include waiving requirements for major capital
47.2 improvements.
47.3 (d) For purposes of this subdivision, a discharge caused by
47.4 an extraordinary natural event such as a precipitation event of
47.5 greater magnitude than the 25-year, 24-hour event, tornado, or
47.6 flood in excess of the 100-year flood is not a "direct discharge
47.7 of pollutants."
47.8 (e) In adopting and enforcing rules under this subdivision,
47.9 the commissioner shall cooperate closely with other governmental
47.10 agencies.
47.11 (f) The pollution control agency shall work with the
47.12 Minnesota extension service, the department of agriculture, the
47.13 board of water and soil resources, producer groups, local units
47.14 of government, as well as with appropriate federal agencies such
47.15 as the Soil Natural Resources Conservation Service and the
47.16 Agricultural Stabilization and Conservation Service Farm Service
47.17 Agency, to notify and educate producers of rules under this
47.18 subdivision at the time the rules are being developed and
47.19 adopted and at least every two years thereafter.
47.20 (g) The pollution control agency shall adopt rules
47.21 governing the issuance and denial of permits for livestock
47.22 feedlots, poultry lots or other animal lots pursuant to this
47.23 section. A feedlot permit is not required for livestock
47.24 feedlots with more than ten but less than 50 animal units;
47.25 provided they are not in shoreland areas. These rules apply
47.26 both to permits issued by counties and to permits issued by the
47.27 pollution control agency directly.
47.28 (h) The pollution control agency shall exercise supervising
47.29 authority with respect to the processing of animal lot permit
47.30 applications by a county.
47.31 (i) After May 17, 1997, any new rules or amendments to
47.32 existing rules proposed under the authority granted in this
47.33 subdivision, must be submitted to the members of legislative
47.34 policy committees with jurisdiction over agriculture and the
47.35 environment prior to final adoption. The rules must not become
47.36 effective until 90 days after the proposed rules are submitted
48.1 to the members.
48.2 (j) Until new rules are adopted that provide for plans for
48.3 manure storage structures, any plans for a liquid manure storage
48.4 structure must be prepared or approved by a registered
48.5 professional engineer or a United States Department of
48.6 Agriculture, Natural Resources Conservation Service employee.
48.7 (k) A county may adopt by ordinance standards for animal
48.8 feedlots that are more stringent than standards in pollution
48.9 control agency rules.
48.10 (l) After January 1, 2001, a county that has not accepted
48.11 delegation of the feedlot permit program must hold a public
48.12 meeting prior to the agency issuing a feedlot permit for a
48.13 feedlot facility with 300 or more animal units, unless another
48.14 public meeting has been held with regard to the feedlot facility
48.15 to be permitted.
48.16 Sec. 42. Minnesota Statutes 1996, section 116.07, is
48.17 amended by adding a subdivision to read:
48.18 Subd. 7b. [FEEDLOT INVENTORY NOTIFICATION AND PUBLIC
48.19 MEETING REQUIREMENTS.] (a) Any state agency or local government
48.20 unit conducting an inventory or survey of livestock feedlots
48.21 under its jurisdiction must publicize notice of the inventory in
48.22 a newspaper of general circulation in the affected area and in
48.23 other media as appropriate. The notice must state the dates the
48.24 inventory will be conducted, the information that will be
48.25 requested in the inventory, and how the information collected
48.26 will be provided to the public. The notice must also specify
48.27 the date for a public meeting to provide information regarding
48.28 the inventory.
48.29 (b) A local government unit conducting an inventory or
48.30 survey of livestock feedlots under its jurisdiction must hold at
48.31 least one public meeting within the boundaries of the
48.32 jurisdiction of the local unit of government, prior to beginning
48.33 the inventory. A state agency conducting a survey of livestock
48.34 feedlots must hold at least four public meetings outside of the
48.35 seven-county Twin Cities metropolitan area, prior to beginning
48.36 the inventory. The public meeting must provide information
49.1 concerning the dates the inventory will be conducted, the
49.2 procedure the agency or local unit of government will use to
49.3 request the information to be included in the inventory, and how
49.4 the information collected will be provided to the public.
49.5 Sec. 43. Minnesota Statutes 1996, section 116.07, is
49.6 amended by adding a subdivision to read:
49.7 Subd. 7c. [NPDES PERMITTING REQUIREMENTS.] (a) The agency
49.8 must issue National Pollutant Discharge Elimination System
49.9 permits for feedlots with 1,000 animal units or more based on
49.10 the following schedule:
49.11 (1) for applications received after the effective date of
49.12 this section, a permit for a newly constructed or expanded
49.13 animal feedlot with 2,000 or more animal units must be issued as
49.14 an individual permit;
49.15 (2) for applications received after January 1, 1999, a
49.16 permit for a newly constructed or expanded animal feedlot with
49.17 between 1,000 and 2,000 animal units that is identified as a
49.18 priority by the commissioner, using criteria established under
49.19 paragraph (e), must be issued as an individual permit; and
49.20 (3) after January 1, 2001, all existing feedlots with 1,000
49.21 or more animal units must be issued an individual or general
49.22 National Pollutant Discharge Elimination System permit.
49.23 (b) By October 1, 1999, the agency must issue a general
49.24 National Pollutant Discharge Elimination System permit for
49.25 animal feedlots with between 1,000 and 2,000 animal units that
49.26 are not identified under paragraph (a), clause (2).
49.27 (c) Prior to the issuance of a general National Pollutant
49.28 Discharge Elimination System permit for a category of animal
49.29 feedlot facility permittees, the agency must hold at least one
49.30 public hearing on the permit issuance.
49.31 (d) To the extent practicable, the agency must include a
49.32 public notice and comment period for an individual National
49.33 Pollutant Discharge Elimination System permit concurrent with
49.34 any public notice and comment for:
49.35 (1) the purpose of environmental review of the same
49.36 facility under chapter 116D; or
50.1 (2) the purpose of obtaining a conditional use permit from
50.2 a local unit of government where the local government unit is
50.3 the responsible governmental unit for purposes of environmental
50.4 review under chapter 116D.
50.5 (e) By January 1, 1999, the commissioner, in consultation
50.6 with the feedlot and manure management advisory committee,
50.7 created under section 17.136, and other interested parties must
50.8 develop criteria for determining whether an individual National
50.9 Pollutant Discharge Elimination System permit is required under
50.10 paragraph (a), clause (2), for an animal feedlot with between
50.11 1,000 and 2,000 animal units. The criteria must be based on
50.12 proximity to waters of the state, facility design, and other
50.13 site-specific environmental factors.
50.14 (f) By January 1, 2000, the commissioner, in consultation
50.15 with the feedlot and manure management advisory committee,
50.16 created under section 17.136, and other interested parties must
50.17 develop criteria for determining whether an individual National
50.18 Pollutant Discharge Elimination System permit is required for an
50.19 existing animal feedlot, under paragraph (a), clause (3). The
50.20 criteria must be based on violations and other compliance
50.21 problems at the facility.
50.22 Sec. 44. Minnesota Statutes 1997 Supplement, section
50.23 116.18, subdivision 3c, is amended to read:
50.24 Subd. 3c. [INDIVIDUAL ON-SITE TREATMENT SYSTEMS AND
50.25 ALTERNATIVE DISCHARGING SEWAGE SYSTEMS PROGRAM.] (a) Beginning
50.26 in fiscal year 1989, up to ten percent of the money to be
50.27 awarded as grants under subdivision 3a in any single fiscal
50.28 year, up to a maximum of $1,000,000, may be set aside for the
50.29 award of grants by the agency to municipalities to reimburse
50.30 owners of individual on-site wastewater treatment systems or
50.31 alternative discharging sewage systems for a part of the costs
50.32 of upgrading or replacing the systems.
50.33 (b) An individual on-site treatment system is a wastewater
50.34 treatment system, or part thereof, that uses soil treatment and
50.35 disposal technology to treat 5,000 gallons or less of wastewater
50.36 per day from dwellings or other establishments.
51.1 (c) An alternative discharging sewage system is a system
51.2 permitted under section 115.58 that:
51.3 (1) serves one or more dwellings and other establishments;
51.4 (2) discharges less than 10,000 gallons of water per day;
51.5 and
51.6 (3) uses any treatment and disposal methods other than
51.7 subsurface soil treatment and disposal.
51.8 (d) Municipalities may apply yearly for grants of up to 50
51.9 percent of the cost of replacing or upgrading individual on-site
51.10 treatment systems, including conversion to an alternative
51.11 discharging sewage system, within their jurisdiction, up to a
51.12 limit of $5,000 per system or per connection to a cluster
51.13 system. Before agency approval of the grant application, a
51.14 municipality must certify that:
51.15 (1) it has adopted and is enforcing the requirements of
51.16 Minnesota Rules governing individual sewage treatment systems;
51.17 (2) the existing systems for which application is made do
51.18 not conform to those rules, are at least 20 years old, do not
51.19 serve seasonal residences, and were not constructed with state
51.20 or federal funds; and
51.21 (3) the costs requested do not include administrative
51.22 costs, costs for improvements or replacements made before the
51.23 application is submitted to the agency unless it pertains to the
51.24 plan finally adopted, and planning and engineering costs other
51.25 than those for the individual site evaluations and system design.
51.26 (d) (e) The federal and state regulations regarding the
51.27 award of state and federal wastewater treatment grants do not
51.28 apply to municipalities or systems funded under this
51.29 subdivision, except as provided in this subdivision.
51.30 (e) (f) The agency shall adopt permanent rules regarding
51.31 priorities, distribution of funds, payments, inspections,
51.32 procedures for administration of the agency's duties, and other
51.33 matters that the agency finds necessary for proper
51.34 administration of grants awarded under this subdivision.
51.35 Sec. 45. Minnesota Statutes 1997 Supplement, section
51.36 169.1217, subdivision 1, is amended to read:
52.1 Subdivision 1. [DEFINITIONS.] As used in this section, the
52.2 following terms have the meanings given them:
52.3 (a) "Appropriate agency" means a law enforcement agency
52.4 that has the authority to make an arrest for a violation of a
52.5 designated offense or to require a test under section 169.123.
52.6 (b) "Designated license revocation" includes a license
52.7 revocation under section 169.123:
52.8 (1) within five years of two prior impaired driving
52.9 convictions, two prior license revocations, or a prior impaired
52.10 driving conviction and a prior license revocation, based on
52.11 separate incidents; or
52.12 (2) within 15 years of the first of three or more prior
52.13 impaired driving convictions, three or more prior license
52.14 revocations, or any combination of three or more prior impaired
52.15 driving convictions and prior license revocations, based on
52.16 separate incidents.
52.17 (c) "Designated offense" includes:
52.18 (1) a violation of section 169.121, subdivision 1, clause
52.19 (a), (b), (c), (d), (e), (g), or (h), subdivision 1a, an
52.20 ordinance in conformity with any of them, or section 169.129:
52.21 (i) within five years of two prior impaired driving
52.22 convictions, or two prior license revocations, or a prior
52.23 impaired driving conviction and a prior license revocation,
52.24 based on separate incidents; or
52.25 (ii) within 15 years of the first of three or more prior
52.26 impaired driving convictions, three or more prior license
52.27 revocations, or any combination of three or more impaired
52.28 driving convictions and prior license revocations, based on
52.29 separate incidents;
52.30 (2) a violation of section 169.121, subdivision 1, clause
52.31 (f), or a violation of section 169.121, subdivision 3, paragraph
52.32 (c), clause (4):
52.33 (i) within five years of a prior impaired driving
52.34 conviction or a prior license revocation; or
52.35 (ii) within 15 years of the first of two or more prior
52.36 impaired driving convictions, two or more prior license
53.1 revocations, or a prior impaired driving conviction and a prior
53.2 license revocation, based on separate incidents; or
53.3 (3) a violation of section 169.121, an ordinance in
53.4 conformity with it, or section 169.129:
53.5 (i) by a person whose driver's license or driving
53.6 privileges have been canceled under section 171.04, subdivision
53.7 1, clause (9); or
53.8 (ii) by a person who is subject to a restriction on the
53.9 person's driver's license under section 171.09 which provides
53.10 that the person may not use or consume any amount of alcohol or
53.11 a controlled substance; or
53.12 (4) until June 30, 1999, a second or subsequent violation
53.13 of section 85.015, subdivision 1c.
53.14 (d) "Motor vehicle" and "vehicle" have the meaning given
53.15 "motor vehicle" in section 169.121, subdivision 11. The terms
53.16 do not include a vehicle which is stolen or taken in violation
53.17 of the law.
53.18 (e) "Owner" means the registered owner of the motor vehicle
53.19 according to records of the department of public safety and
53.20 includes a lessee of a motor vehicle if the lease agreement has
53.21 a term of 180 days or more.
53.22 (f) "Prior impaired driving conviction" has the meaning
53.23 given it in section 169.121, subdivision 3. A prior impaired
53.24 driving conviction also includes a prior juvenile adjudication
53.25 that would have been a prior impaired driving conviction if
53.26 committed by an adult.
53.27 (g) "Prior license revocation" has the meaning given it in
53.28 section 169.121, subdivision 3.
53.29 (h) "Prosecuting authority" means the attorney in the
53.30 jurisdiction in which the designated offense occurred who is
53.31 responsible for prosecuting violations of a designated offense.
53.32 Sec. 46. Minnesota Statutes 1996, section 308A.131,
53.33 subdivision 1, is amended to read:
53.34 Subdivision 1. [CONTENTS.] (a) The incorporators shall
53.35 prepare the articles, which must include:
53.36 (1) the name of the cooperative;
54.1 (2) the purpose of the cooperative;
54.2 (3) the principal place of business for the cooperative;
54.3 (4) the period of duration for the cooperative, if the
54.4 duration is not to be perpetual;
54.5 (5) the total authorized number of shares and the par value
54.6 of each share if the cooperative is organized on a capital stock
54.7 basis;
54.8 (6) a description of the classes of shares, if the shares
54.9 are to be classified;
54.10 (7) a statement of the number of shares in each class and
54.11 relative rights, preferences, and restrictions granted to or
54.12 imposed upon the shares of each class, and a provision that only
54.13 common stockholders have voting power;
54.14 (8) a statement that individuals owning common stock shall
54.15 be restricted to one vote in the affairs of the cooperative or a
54.16 statement that the cooperative is one described in section
54.17 308A.641, subdivision 2;
54.18 (9) a statement that shares of stock are transferable only
54.19 with the approval of the board;
54.20 (10) a statement that dividends on the capital stock and
54.21 nonstock units of equity of the cooperative may not exceed eight
54.22 percent annually;
54.23 (11) the names, post office addresses, and terms of office
54.24 of the directors of the first board;
54.25 (12) a statement that net income in excess of dividends and
54.26 additions to reserves shall be distributed on the basis of
54.27 patronage, and that the records of the cooperative may show the
54.28 interest of patrons, stockholders of any classes, and members in
54.29 the reserves; and
54.30 (13) the registered office address of the cooperative and
54.31 the name of the registered agent, if any, at that address.
54.32 (b) The articles must always contain the provisions in
54.33 paragraph (a), except that the names, post office addresses, and
54.34 terms of offices of the directors of the first board may be
54.35 omitted after their successors have been elected by the members
54.36 or the articles are amended in their entirety.
55.1 (c) The articles may contain other lawful provisions.
55.2 (d) The articles must be signed by the incorporators.
55.3 Sec. 47. Minnesota Statutes 1997 Supplement, section
55.4 308A.705, subdivision 1, is amended to read:
55.5 Subdivision 1. [DISTRIBUTION OF NET INCOME.] Net income in
55.6 excess of dividends on capital stock, nonstock units of equity,
55.7 and additions to reserves shall be distributed on the basis of
55.8 patronage. A cooperative may establish allocation units,
55.9 whether the units are functional, divisional, departmental,
55.10 geographic, or otherwise, and pooling arrangements and may
55.11 account for and distribute net income on the basis of allocation
55.12 units and pooling arrangements. A cooperative may offset the
55.13 net loss of an allocation unit or pooling arrangement against
55.14 the net income of other allocation units or pooling arrangements
55.15 to the extent permitted by section 1388(j) of the Internal
55.16 Revenue Code of 1986, as amended through December 31, 1996.
55.17 Sec. 48. Minnesota Statutes 1996, section 308A.705,
55.18 subdivision 3, is amended to read:
55.19 Subd. 3. [DIVIDENDS.] Dividends may be paid on capital
55.20 stock and nonstock units of equity only if the net income of the
55.21 cooperative for the previous fiscal year is sufficient. The
55.22 dividends are not cumulative.
55.23 Sec. 49. Laws 1997, chapter 216, section 15, subdivision
55.24 8, is amended to read:
55.25 Subd. 8. Pollution Prevention
55.26 (a) TOXIC EMISSIONS FROM FIRE
55.27 TRAINING 65,000
55.28 This appropriation is from the trust
55.29 fund to metropolitan state university
55.30 to identify and quantify toxic
55.31 emissions from live-burn training in
55.32 acquired structures to evaluate and
55.33 propose alternatives. This
55.34 appropriation is available until June
55.35 30, 2000, at which time the project
55.36 must be completed and final products
55.37 delivered, unless an earlier date is
55.38 specified in the work program.
55.39 (b) POLLUTION PREVENTION TRAINING
55.40 PROGRAM FOR INDUSTRIAL EMPLOYEES 200,000
55.41 This appropriation is from the future
55.42 resources fund to the director of the
55.43 office of environmental assistance for
56.1 agreements with Citizens for a Better
56.2 Environment and the University of
56.3 Minnesota to provide the training and
56.4 technical assistance needed for
56.5 pollution prevention by industrial
56.6 employees.
56.7 Sec. 50. [AGGREGATE RESOURCES TASK FORCE.]
56.8 Subdivision 1. [CREATION; MEMBERSHIP.] (a) An aggregate
56.9 resources task force consists of 12 members appointed as follows:
56.10 (1) the subcommittee on subcommittees of the senate
56.11 committee on rules and administration shall appoint one citizen
56.12 member with experience in the state's aggregates industry, one
56.13 citizen member who is an employee of a local government unit
56.14 that works with environmental and land use impacts from
56.15 aggregate mining, and four members of the senate, two of whom
56.16 must be members of the minority caucus; and
56.17 (2) the speaker of the house shall appoint one citizen
56.18 member who is an employee of a local governmental unit that
56.19 works with environmental and land use impacts from aggregate
56.20 mining, one citizen member with experience in native prairie
56.21 conservation, and four members of the house, two of whom must be
56.22 members of the minority caucus.
56.23 (b) The appointing authorities must make their respective
56.24 appointments not later than July 1, 1998.
56.25 (c) The first meeting of the task force must be convened by
56.26 a person designated by the chair of the senate committee on
56.27 rules and administration. Task force members shall then elect a
56.28 permanent chair from among the task force members.
56.29 Subd. 2. [DUTIES.] The task force shall examine current
56.30 and projected issues concerning the need for and use of the
56.31 state's aggregate resources. The task force shall seek input
56.32 from the aggregate industry, state agencies, counties, local
56.33 units of government, environmental organizations, and other
56.34 interested parties on aggregate resource issues, including
56.35 resource inventory, resource depletion, mining practices,
56.36 nuisance problems, safety, competing land uses and land use
56.37 planning, native prairie conservation, environmental review,
56.38 local permit requirements, reclamation, recycling,
57.1 transportation of aggregates, and the aggregate material tax.
57.2 Subd. 3. [REPORT.] Not later than February 1, 2000, the
57.3 task force shall report to the legislature on the findings of
57.4 its study. The report must include a recommendation as to
57.5 whether there is a need for a comprehensive statewide policy on
57.6 any aggregate resource issue. If the task force recommends a
57.7 statewide policy, the report must include recommendations on the
57.8 framework for the statewide policy.
57.9 Subd. 4. [EXPIRATION.] The aggregate resources task force
57.10 expires 45 days after its report and recommendations are
57.11 delivered to the legislature, or on June 30, 2001, whichever
57.12 date is earlier.
57.13 Sec. 51. [REPORT ON NONCOMMERCIAL MANURE APPLICATOR
57.14 TRAINING AND CERTIFICATION.]
57.15 The commissioner of agriculture, in close consultation with
57.16 the commissioner of the pollution control agency and statewide
57.17 farm organizations including the Minnesota Farmers Union and the
57.18 Minnesota Farm Bureau Federation, shall conduct a study to
57.19 assess the need for and feasibility of a program for
57.20 noncommercial manure applicator training and certification. The
57.21 commissioner must submit a report to the members of the senate
57.22 and house policy committees with jurisdiction over agriculture
57.23 and the environment by January 20, 1999. The report must
57.24 include recommendations on:
57.25 (1) persons and activities that should be exempt from
57.26 certification;
57.27 (2) dates by which persons should be required to obtain
57.28 certification;
57.29 (3) content of the noncommercial animal waste technician
57.30 training curriculum; and
57.31 (4) procedures and timelines for implementing noncommercial
57.32 animal waste technician training programs.
57.33 Sec. 52. [PERMIT REQUIREMENTS.]
57.34 Until June 30, 2000, neither the pollution control agency
57.35 nor a county board may issue a permit for the construction of an
57.36 open-air clay, earthen, or flexible membrane lined swine waste
58.1 lagoon. This section does not apply to repair or modification
58.2 related to an environmental improvement of an existing lagoon.
58.3 Sec. 53. [FEEDLOT RULES.]
58.4 By March 1, 1999, the commissioner of the pollution control
58.5 agency must submit a copy of updated feedlot permit rules as
58.6 prescribed in Minnesota Statutes, section 116.07, subdivision 7,
58.7 paragraph (i). The updated rules must become effective no later
58.8 than June 1, 1999.
58.9 Sec. 54. [ENVIRONMENTAL REVIEW RULES.]
58.10 The environmental quality board, in consultation with the
58.11 pollution control agency, shall study and adopt rules pursuant
58.12 to Minnesota Statutes, chapter 14, to revise and clarify
58.13 Minnesota Rules, part 4410.1000, subpart 4, as it applies to
58.14 connected actions on animal feedlots and the need for
58.15 environmental review. The board must submit a copy of the
58.16 proposed rules and a summary of public comments received on the
58.17 rules to the members of the senate and house policy committees
58.18 with jurisdiction over agriculture and the environment, the
58.19 senate environment and agriculture budget division, and the
58.20 house environment, natural resources, and agriculture finance
58.21 committee by March 1, 1999. The rules may not become effective
58.22 until 60 days after they are submitted to the committee members
58.23 and must become effective no later than June 1, 1999.
58.24 Sec. 55. [REPORT ON REVISED STANDARDS FOR HYDROGEN SULFIDE
58.25 EXPOSURE.]
58.26 By January 15, 1999, the commissioner of labor and
58.27 industry, in consultation with the commissioners of the
58.28 pollution control agency, health, and agriculture, shall report
58.29 to the senate and house policy committees with jurisdiction over
58.30 agriculture and environment on the need for and, if appropriate,
58.31 suggested changes to standards for hydrogen sulfide exposure
58.32 levels within livestock confinement facilities having a design
58.33 capacity of 500 animal units or more and at various distances up
58.34 to 5,000 feet from animal waste storage facilities.
58.35 Sec. 56. [REPORT ON ANIMAL WASTE LIABILITY.]
58.36 By January 15, 1999, the commissioner of the pollution
59.1 control agency, in conjunction with the commissioner of
59.2 agriculture, shall report to the legislative policy and finance
59.3 committees or divisions with jurisdiction over agriculture and
59.4 the environment on the need for an animal waste liability
59.5 account, improved animal waste incident reporting, and a
59.6 contingency action plan for animal waste sites. The report must
59.7 include:
59.8 (1) an analysis of the need and level of funding required
59.9 for an animal waste liability account;
59.10 (2) the identification of possible funding sources to
59.11 ensure adequate resources for animal waste site cleanup under
59.12 clause (1);
59.13 (3) an analysis of the need for changes to the current
59.14 animal waste incident reporting system; and
59.15 (4) the need for development of a statewide animal waste
59.16 contingency plan for animal waste sites, including containment,
59.17 closure, and cleanup.
59.18 Sec. 57. [COUNTIES AND TOWNS TO REPORT.]
59.19 (a) Not later than August 1, 1998, each county and each
59.20 town that has adopted ordinances related to animal feedlots
59.21 shall supply copies of the ordinances to the commissioner of
59.22 agriculture. A county or town that adopts a new or amended
59.23 ordinance related to animal feedlots shall report the new or
59.24 amended ordinance to the commissioner within 60 days after the
59.25 adoption.
59.26 (b) The reporting requirements of paragraph (a) expire
59.27 after June 30, 2001.
59.28 Sec. 58. [LOAN WORK PLAN.]
59.29 Notwithstanding the requirements of rules adopted pursuant
59.30 to Minnesota Statutes, section 115A.0716, that prevent the use
59.31 of funds for costs incurred before the term of the agreement,
59.32 the director shall disburse loan funds awarded to United
59.33 Recycling, Inc., provided that the director has approved a new
59.34 project proposal that includes performance goals for carpet
59.35 recycling and demonstrates the financial viability of the
59.36 recycling enterprise.
60.1 Sec. 59. [WATER QUALITY COST-BENEFIT MODEL SCOPING TASK
60.2 FORCE.]
60.3 The commissioner of the pollution control agency shall
60.4 convene a task force comprising of no more than three
60.5 representatives each from industry, municipalities, watershed
60.6 management groups, labor, agriculture, and environmental groups
60.7 within 30 days of the effective date of this section. The task
60.8 force shall select an entity to conduct a scoping study for a
60.9 cost-benefit model to analyze water quality standards. The
60.10 scoping study shall include: a watershed-based approach that
60.11 evaluates both point and nonpoint pollution sources, the extent
60.12 of the costs and benefits to be evaluated, the necessary
60.13 elements of the model, a model that is transferable to other
60.14 watersheds and standards, and the characteristics of the
60.15 watersheds and standards to be evaluated. By October 15, 1998,
60.16 the task force shall review the completed scoping study and make
60.17 recommendations on the scope, cost, and time frame for
60.18 development of the model to the commissioner and to the chairs
60.19 of the house and senate environment and natural resources
60.20 committees, the chair of the house environment, natural
60.21 resources, and agriculture finance committee, and the chair of
60.22 the senate environment and agriculture budget division.
60.23 Sec. 60. [ANALYSIS AND SALE OF LAKESHORE LEASED LOTS.]
60.24 Subdivision 1. [ANALYSIS OF LOTS.] By January 15, 1999,
60.25 the commissioner of natural resources must submit a report to
60.26 the chairs of the senate and house environment and natural
60.27 resources committees, the chair of the house environment,
60.28 natural resources, and agriculture finance committee, the chair
60.29 of the senate environment and agriculture budget division, the
60.30 chairs of the senate children, families and learning committee,
60.31 and the chair of the house education committee, including the
60.32 results of the field inspection required by this section,
60.33 recommendations on appropriations needed to accomplish this
60.34 section, and additional recommendations on methods to preserve
60.35 public lakeshore in the state. The commissioner must conduct a
60.36 field inspection of all lands leased pursuant to Minnesota
61.1 Statutes, section 92.46, subdivision 1. The commissioner shall
61.2 identify all lots within the following classifications:
61.3 (1) sale of the lot would create a block of contiguous
61.4 property that could result in a shift in land use from
61.5 residential to commercial development;
61.6 (2) the lot should remain in public ownership in order to
61.7 provide public access to the lake where it is located;
61.8 (3) the lot is part of the trust land in Horseshoe Bay, as
61.9 referenced in Laws 1997, chapter 216, section 151;
61.10 (4) the lot contains all or part of an unusual resource,
61.11 such as a historical or archaeological site, or a sensitive
61.12 ecological resource, or contains high quality habitat, or has a
61.13 high scenic value;
61.14 (5) the lot is not in compliance with state law concerning
61.15 on-site sewage treatment or minimum lot size requirements for
61.16 development, or the lot is hydrologically unsuitable for future
61.17 development; and
61.18 (6) the lot provides access for adjacent state land.
61.19 Subd. 2. [SCHOOL TRUST LAKESHORE LOTS; EXCHANGE AND SALE.]
61.20 (a) For each parcel of land that does not meet the criteria in
61.21 subdivision 1, the commissioner must preserve the assets of the
61.22 school trust pursuant to this subdivision.
61.23 (b) The commissioner must attempt to establish a land
61.24 exchange with each lessee. The lessee and the commissioner must
61.25 attempt to agree on a parcel of private lakeshore land to be
61.26 used for the land exchange. If the lessee obtains an option to
61.27 purchase the parcel, the commissioner must conduct an appraisal
61.28 and a survey of both parcels of land at the lessee's expense.
61.29 If the commissioner determines that the parcel offered by the
61.30 lessee is of equal or greater value than the trust land, the
61.31 commissioner must submit the proposed exchange to the land
61.32 exchange board, as defined in Minnesota Statutes, section
61.33 94.341, for approval. Notwithstanding Minnesota Statutes,
61.34 sections 94.342 to 94.347, the land exchange board shall
61.35 determine the procedures for approval of individual land
61.36 exchanges, subject to the requirements of the Minnesota
62.1 Constitution and this section. Any exchange under this
62.2 paragraph must be submitted to the land exchange board by July
62.3 1, 2004.
62.4 (c) By December 15, 2004, the commissioner must submit a
62.5 list of each parcel of land that has not been exchanged pursuant
62.6 to paragraph (b) to the house and senate environment and natural
62.7 resource committees. The list submitted by the commissioner
62.8 must include recommendations for sale or retention of the
62.9 remaining individual parcels. Subject to approval by the
62.10 legislature, the commissioner must sell parcels approved for
62.11 sale by public sale at the expiration of the lease term using a
62.12 sealed bid procedure under the remaining provisions of Minnesota
62.13 Statutes, chapter 92. After approval of sale by the
62.14 legislature, a lessee of land approved for sale may request
62.15 during the remainder of the lease term that lands leased by the
62.16 lessee be sold at a public sale pursuant to this section within
62.17 one year of the request.
62.18 (d) The commissioner must mail notice of this section to
62.19 each lessee by July 1, 1998.
62.20 Sec. 61. [REPEALER.]
62.21 (a) Minnesota Statutes 1997 Supplement, section 85.015,
62.22 subdivision 1c, as amended by this act, is repealed effective
62.23 June 30, 1999.
62.24 (b) Laws 1991, chapter 275, section 3, is repealed.
62.25 Sec. 62. [EFFECTIVE DATE.]
62.26 Section 31 is effective January 1, 1998. Sections 28 and
62.27 29 are effective January 1, 1999. Section 23 is effective July
62.28 1, 1999. Section 52 is effective the day following final
62.29 enactment and applies to new applications submitted after that
62.30 date. The remainder of this act is effective the day following
62.31 final enactment.