3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
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
soby a timber wolf that it must 14.55 be destroyed by an animal classified as endangered under the14.56 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 countya university 15.3 extension agent for the owner's countyand 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 animal15.12 described in this subdivisiona 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 county15.18 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 not15.24 by an animal classified as an endangered speciesa 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 LIVESTOCKPRODUCT 16.32 PROCESSING AND MARKETING GRANT PROGRAM.] (a) For purposes of 16.33 this section ,: 16.34 (1) " livestock or dairyagricultural 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 dairycommodities produced in 17.9 Minnesota. 17.10 (b) The commissioner shall establish and implement a 17.11 value-added agricultural livestock and dairyproduct 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 dairyagricultural product processing 17.15 facilities and for marketing activities related to the sale and 17.16 distribution of processed livestock and dairyagricultural 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 dairy17.23 agricultural commodity production; 17.24 (3) be operated primarily for the processing of livestock17.25 or dairyagricultural commodities produced in Minnesota; 17.26 (4) receive livestock or dairyagricultural 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 dairyagricultural 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 fourtwo 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 deepat 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 220,000,000240,000,000 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 the28.21 total amount of ethanol or wet alcohol production reported for a28.22 quarter under paragraph (e) equals or exceeds 55,000,000 gallons:28.23 (1) payments under this subdivision do not apply to the28.24 amount produced in excess of 55,000,000 gallons;28.25 (2) the commissioner shall make payments to producers in28.26 the order in which the portion of production capacity covered by28.27 each claim began production; and28.28 (3) only those producers that receive payments for the28.29 quarter, or received payments under paragraph (a) or (b) in an28.30 earlier quarter, will be eligible for future ethanol or wet28.31 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 additionalnew production 29.11 capacity based on the order in which the applications are 29.12 received. The commissioner shall not approve production29.13 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 for29.19 new capacity beyondnot 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 PERMITSTICKER.] 29.30 Subdivision 1. [STICKER REQUIRED; FEE.] A person may not 29.31 operate a snowmobile that is not registered in this state may29.32 not be operatedon 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 trail29.35 permit. The commissioner of natural resources shall issue a 29.36 permitsticker upon application and payment of a $15 fee. The 30.1 permitsticker 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 [ MUFFLERSEQUIPMENT 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 statepublic 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 one36.21 representative from each ofthe 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 the37.20 timber remaining to be cut will be recalculated using current37.21 stumpage rates. Any timber cut during the period of extension37.22 or remaining uncut at the expiration of the extension shall be37.23 billed for at the stumpage rates determined at the time of37.24 extension provided that in no event shall stumpage rates be less37.25 than those in effect at the time of the original sale.An 37.26 interest rate of eight percent willmay 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, andthe 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 States38.16 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 ofanother person from taking or 38.23 preparing to take a wild animal or enjoyment of the out-of-doors 38.24 maymust not disturb or interfere with anotherthat person who38.25 if that person is lawfully taking a wild animalor 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 shallmay be reimbursed for the use of the supervisor's own 39.14 automobile in the performance of official duties at thea rate 39.15 per mile prescribed for state officers and employeesup 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; and42.8 (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; and42.28 (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 thisa 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; or44.35 (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 SoilNatural Resources Conservation Service and the 47.16 Agricultural Stabilization and Conservation ServiceFarm 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; or53.3 (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 the55.43 office of environmental assistance for56.1 agreements with Citizens for a Better56.2 Environment andthe 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.