Engrossments
Introduction		Posted on 06/22/2005
1st Engrossment		Posted on 06/28/2005
2nd Engrossment		Posted on 06/30/2005

ARTICLE 1

AGRICULTURE AND RURAL DEVELOPMENT

Section 1. new text beginAGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATIONS.
new text end

The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "2006" and "2007," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the fiscal year ending June 30, 2006, or June 30, 2007,
respectively. The term "the first year" means the year ending
June 30, 2006, and the term "the second year" means the year
ending June 30, 2007.
SUMMARY BY FUND

2006 2007 TOTAL

General $ 44,648,000 $ 41,804,000 $ 86,452,000

Remediation 388,000 388,000 776,000

TOTAL $ 45,036,000 $ 42,192,000 $ 87,228,000

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2. DEPARTMENT OF AGRICULTURE

Subdivision 1.

Total
Appropriation 40,177,000 37,331,000

Summary by Fund

General 39,789,000 36,943,000

Remediation 388,000 388,000

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Protection Services

10,665,000 10,666,000

Summary by Fund

General 10,277,000 10,278,000

Remediation 388,000 388,000

$388,000 the first year and $388,000
the second year are from the
remediation fund for administrative
funding for the voluntary cleanup
program.

The balance in the waste pesticide
account in the agricultural fund is
canceled to the pesticide regulatory
account in the agricultural fund and
the waste pesticide account is
abolished.

$150,000 the first year and $150,000
the second year are from the
agricultural fund and must be spent for
increased monitoring of pesticides in
groundwater and surface waters
throughout the state. This amount must
be used primarily for sample collection
and laboratory analytical costs and is
in addition to other appropriations and
funding for the water monitoring
program.

Subd. 3.

Agricultural Marketing
and Development 4,085,000 3,865,000

$71,000 the first year and $71,000 the
second year are for transfer to the
Minnesota grown matching account and
may be used as grants for Minnesota
grown promotion under Minnesota
Statutes, section 17.109. Grants may
be made for one year. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under
contract on or before June 30, 2007,
for Minnesota grown grants in this
subdivision are available until June
30, 2009.

$80,000 the first year and $80,000 the
second year are for grants to farmers
for demonstration projects involving
sustainable agriculture as authorized
in Minnesota Statutes, section 17.116.
Of the amount for grants, up to $20,000
may be used for dissemination of
information about the demonstration
projects. Notwithstanding Minnesota
Statutes, section 16A.28, the
appropriations encumbered under
contract on or before June 30, 2007,
for sustainable agriculture grants in
this subdivision are available until
June 30, 2009.

$100,000 the first year and $100,000
the second year are to provide training
and technical assistance to county and
town officials relating to livestock
siting issues and local zoning and land
use planning including a checklist
template that would clarify the
federal, state, and local government
requirements for consideration of an
animal agriculture modernization or
expansion project. In developing the
training and technical assistance
program, the commissioner may seek
assistance from the local planning
assistance center of the Department of
Administration and shall seek guidance,
advice, and support of livestock
producer organizations, general
agricultural organizations, local
government associations, academic
institutions, other government
agencies, and others with expertise in
land use and agriculture.

$220,000 the first year is to contract
with the University of Minnesota for
further research and development of
livestock odor and air quality
management. This is a onetime
appropriation.

The commissioner of agriculture, in
consultation with the commissioner of
transportation, shall conduct an
economic impact study of a rail
container load-out facility located in
the west-central area of Minnesota.
The study must include benefits of a
facility to the region and to the state
transportation system. By January 15,
2006, the commissioner shall report to
the governor and the agriculture policy
committees of the senate and house on
the findings of the study.

Subd. 4.

Value-Added Agricultural Products

18,745,000 15,268,000

$18,145,000 the first year and
$15,168,000 the second year are for
ethanol producer payments under
Minnesota Statutes, section 41A.09.
Payments for eligible ethanol
production in fiscal years 2006 and
2007 shall be disbursed at the rate of
$0.13 per gallon. If the total amount
for which all producers are eligible in
a quarter exceeds the amount available
for payments, the commissioner shall
make payments on a pro rata basis. If
the appropriation exceeds the total
amount for which all producers are
eligible in a fiscal year for scheduled
payments and for deficiencies in
payments during previous fiscal years,
the balance in the appropriation is
available to the commissioner for
value-added agricultural programs
including the value-added agricultural
product processing and marketing grant
program under Minnesota Statutes,
section 17.101, subdivision 5. The
appropriation remains available until
spent.

$500,000 in the first year is for
grants to gasoline service station
owners who, after the effective date of
this section, install pumps in this
state for dispensing E85 gasoline. The
commissioner may reimburse owners of
gasoline service stations for up to 50
percent of the total cost of installing
an E85 pump, including the tank and any
related components, up to a maximum of
$15,000 per E85 pump. The commissioner
shall grant priority for E85 pumps
installed in areas of the state where
gasoline service stations with E85
pumps are not reasonably available to
the general public. This appropriation
is available until spent.

$100,000 the first year and $100,000
the second year are for ethanol
combustion efficiency grants under
Minnesota Statutes, section 41A.09,
subdivision 9.

Subd. 5.

Administration and Financial Assistance

6,682,000 7,532,000

$1,005,000 the first year and
$1,005,000 the second year are for
continuation of the dairy development
and profitability enhancement and dairy
business planning grant programs
established under Laws 1997, chapter
216, section 7, subdivision 2, and Laws
2001, First Special Session chapter 2,
section 9, subdivision 2 and to
administer a dairy investment tax
credit program. The commissioner may
allocate the available sums among
permissible activities, including
efforts to improve the quality of milk
produced in the state in the
proportions that the commissioner deems
most beneficial to Minnesota's dairy
farmers. The commissioner must submit
a work plan detailing plans for
expenditures under this program to the
chairs of the house and senate
committees dealing with agricultural
policy and budget on or before the
start of each fiscal year. If
significant changes are made to the
plans in the course of the year, the
commissioner must notify the chairs.

$50,000 the first year and $50,000 the
second year are for the Northern Crops
Institute. These appropriations may be
spent to purchase equipment.

$19,000 the first year and $19,000 the
second year are for a grant to the
Minnesota Livestock Breeders
Association.

$2,000 the first year and $2,000 the
second year are for family farm
security interest payment adjustments.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it. No new
loans may be approved in fiscal year
2006 or 2007.

Aid payments to county and district
agricultural societies and associations
under Minnesota Statutes, section
38.02, subdivision 1, shall be
disbursed not later than July 15.
These payments are the amount of aid
owed by the state for an annual fair
held in the previous calendar year.

$65,000 the first year and $65,000 the
second year are for annual grants to
the Northern Minnesota Forage-Turf Seed
Advisory Committee for basic and
applied research on the improved
production of forage and turf seed
related to new and improved varieties.
The grant recipient may subcontract
with a qualified third party for some
or all of the basic and applied
research.

$150,000 is for a grant to Second
Harvest Heartland on behalf of
Minnesota's six Second Harvest food
banks for the purchase of milk for
distribution to Minnesota's food
shelves and other charitable
organizations that are eligible to
receive food from the food banks. Milk
purchased under the grants must be
acquired from Minnesota milk processors
and based on low-cost bids. The milk
must be allocated to each Second
Harvest food bank serving Minnesota
according to the formula used in the
distribution of United States
Department of Agriculture commodities
under The Emergency Food Assistance
Program (TEFAP). Second Harvest
Heartland must submit quarterly reports
to the commissioner on forms prescribed
by the commissioner. The reports must
include, but are not limited to,
information on the expenditure of
funds, the amount of milk purchased,
and the organizations to which the milk
was distributed. Second Harvest
Heartland may enter into contracts or
agreements with food banks for shared
funding or reimbursement of the direct
purchase of milk. Each food bank
receiving money from this appropriation
may use up to two percent of the grant
for administrative expenses. This is a
onetime appropriation.

$100,000 the first year and $100,000
the second year are for transfer to the
Board of Trustees of the Minnesota
State Colleges and Universities for
mental health counseling support to
farm families and business operators
through farm business management
programs at Central Lakes College and
Ridgewater College.

$17,000 the first year and $18,000 the
second year are for grants to the
Minnesota Horticultural Society.

Sec. 3. BOARD OF ANIMAL
HEALTH 3,259,000 3,261,000

$200,000 the first year and $200,000
the second year are for a program to
control paratuberculosis ("Johne's
disease") in domestic bovine herds.

$80,000 the first year and $80,000 the
second year are for a program to
investigate the avian pneumovirus
disease and to identify the infected
flocks. This appropriation must be
matched on a dollar-for-dollar or
in-kind basis with nonstate sources and
is in addition to money currently
designated for turkey disease
research. Costs of blood sample
collection, handling, and
transportation, in addition to costs
associated with early diagnosis tests
and the expenses of vaccine research
trials, may be credited to the match.

$400,000 the first year and $400,000
the second year are for the purposes of
cervidae inspection as authorized in
Minnesota Statutes, section 17.452.

$300,000 the first year and $300,000
the second year are for grants to the
Veterinary Diagnostic Laboratory at the
University of Minnesota to expand
animal disease surveillance and to
protect animal agriculture and public
health. This appropriation is
available until June 30, 2007. This is
a onetime appropriation.

Sec. 4.

AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE 1,600,000 1,600,000

Sec. 5. FUND TRANSFER

By June 30, 2007, the commissioner of
the Pollution Control Agency shall
transfer $600,000 from the unreserved
balance of the environmental fund to
the commissioner of finance for
cancellation to the general fund.

Sec. 6.

new text begin [16C.137] MINIMIZING ENERGY USE; RENEWABLE
FUELS.
new text end

new text begin Subdivision 1. new text end

new text begin Goals and actions. new text end

new text begin (a) Using 2005 as a
baseline, the state of Minnesota shall reduce the use of
gasoline by on-road vehicles owned by state departments by 25
percent by 2010 and by 50 percent by 2015, and the use of
petroleum-based diesel fuel in diesel-fueled vehicles by ten
percent by 2010 and 25 percent by 2015.
new text end

new text begin (b) To meet the goals established in paragraph (a), each
state department must, whenever legally, technically, and
economically feasible, subject to the specific needs of the
department and responsible management of agency finances:
new text end

new text begin (1) ensure that all new on-road vehicles purchased,
excluding emergency and law enforcement vehicles:
new text end

new text begin (i) use "cleaner fuels" as that term is defined in section
16C.135, subdivision 1, clauses (1), (3), and (4); or
new text end

new text begin (ii) have fuel efficiency ratings that exceed 30 miles per
gallon for city usage or 35 miles per gallon for highway usage,
including but not limited to hybrid electric cars and
hydrogen-powered vehicles;
new text end

new text begin (2) increase its use of renewable transportation fuels,
including ethanol, biodiesel, and hydrogen from agricultural
products; and
new text end

new text begin (3) increase its use of Web-based Internet applications and
other electronic information technologies to enhance the access
to and delivery of government information and services to the
public, and reduce the reliance on the department's fleet for
the delivery of such information and services.
new text end

new text begin Subd. 2. new text end

new text begin Smartfleet committee. new text end

new text begin (a) The commissioner of
administration, or the commissioner's designee, shall chair a
SmartFleet Committee consisting of representatives designated by
the commissioners of the Pollution Control Agency, the
Departments of Agriculture and Commerce, and other state
departments that wish to participate. To ensure effective and
efficient state participation, the SmartFleet Committee must
assist state departments in implementing the requirements of
this section, including providing information, guidance, sample
policies and procedures, and technical and planning assistance.
new text end

new text begin (b) The SmartFleet Committee must evaluate the goals and
directives established in this section by December 2006 and
periodically thereafter. The committee may make recommendations
to the governor and appropriate committees of the legislature
for new or adjusted goals and directives, in light of the
progress the state has made implementing this section, and of
the availability of new or improved technologies.
new text end

new text begin (c) For the systematic and efficient monitoring of progress
in implementing this section by the SmartFleet Committee, the
Department of Administration shall implement a fleet reporting
and information management system. Each department will use
this management system to demonstrate its progress in complying
with this section.
new text end

new text begin Subd. 3.new text end

new text beginExclusion.new text end

new text beginPetroleum-based diesel fuel used in
a vehicle which a department has retrofit to use ultra low
sulfur diesel fuel and to add additional emissions control
technologies is excluded when evaluating progress toward the
reduction goals established in subdivision 1. This exclusion
applies only to vehicles purchased before the model year in
which the federal Environmental Protection Agency's new clean
diesel emission reduction rules take effect.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2004, section 17.03,
subdivision 13, is amended to read:

Subd. 13.

Semiannual reports.

(a) deleted text beginBy October 15 and
April 15 of each year,deleted text endThe commissioner shall submit to the
legislative committees having jurisdiction over appropriations
from the agricultural fund in section 16A.531deleted text begina report deleted text endnew text beginreports
new text end on the amount of revenue raised in each fee account within the
fund, the expenditures from each account, and the purposes for
which the expenditures were made. new text beginThe reports must be issued in
February and November each year, to coincide with the forecasts
of revenue and expenditures prepared under section 16A.103.
new text end

(b) The report delivered deleted text beginon October 15 deleted text endnew text beginin February new text endof each
year must include the commissioner's recommendations, if any,
for changes in statutes relating to the fee accounts of the
agricultural fund.

Sec. 8.

Minnesota Statutes 2004, section 17.117, is
amended by adding a subdivision to read:

new text begin Subd. 5b. new text end

new text begin Application fee. new text end

new text begin The commissioner may impose a
nonrefundable application fee of $50 for each loan issued under
the program. The fees must be credited to the agricultural best
management practices administration account, which is hereby
established in the agricultural fund. Interest earned in the
account accrues to the account. Money in the account and
interest earned in the accounts established in the agricultural
fund under subdivision 5a are appropriated to the commissioner
for administrative expenses of the program.
new text end

Sec. 9.

Minnesota Statutes 2004, section 17.117,
subdivision 11, is amended to read:

Subd. 11.

Loans issued to borrower.

(a) Local lenders
may issue loans only for projects that are approved and
certified by the local government unit as meeting priority needs
identified in a comprehensive water management plan or other
local planning documents, are in compliance with accepted
practices, standards, specifications, or criteria, and are
eligible for financing under Environmental Protection Agency or
other applicable guidelines.

(b) The local lender may use any additional criteria
considered necessary to determine the eligibility of borrowers
for loans.

(1) no loan to a borrower may exceed $50,000;

(2) no loan for a project may exceed $50,000; and

(3) no borrower shall, at any time, have multiple loans
from this program with a total outstanding loan balance of more
than $50,000.

(d) The maximum term length for conservation tillage deleted text beginand
individual sewage treatment system deleted text endprojects is five years. The
maximum term length for other projects in this paragraph is ten
years.

(e) new text beginNotwithstanding paragraph (c), a local lender may issue
a loan of up to $100,000 for a community sewage treatment system
serving two or more households.
new text end

new text begin (f) new text endFees charged at the time of closing must:

(1) be in compliance with normal and customary practices of
the local lender;

(2) be in accordance with published fee schedules issued by
the local lender;

(3) not be based on participation program; and

(4) be consistent with fees charged other similar types of
loans offered by the local lender.

deleted text begin (f) deleted text endnew text begin(g) new text endThe interest rate assessed to an outstanding loan
balance by the local lender must not exceed three percent per
year.

Sec. 10.

Minnesota Statutes 2004, section 17.452, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Other applicable definitions. new text end

new text begin The definitions
in section 35.153 apply to this section.
new text end

Sec. 11.

Minnesota Statutes 2004, section 17.982,
subdivision 1, is amended to read:

Subdivision 1.

Criminal penalties.

A person who violates
new text begin a provision of new text endchapter new text begin28A,new text end29, 31, 31A, 31B, or 34 for which a
penalty has not been prescribed is guilty of a misdemeanor.

Sec. 12.

Minnesota Statutes 2004, section 17.983,
subdivision 1, is amended to read:

Subdivision 1.

Administrative penalties; citation.

If a
person has violated new text begina provision of new text endchapter new text begin28A,new text end29, 31, 31A,
31B, 32, or 34, the commissioner may issue a written citation to
the person by personal service or by certified mail. The
citation deleted text beginshall deleted text endnew text beginmust new text enddescribe the nature of the violation and the
statute or rule alleged to have been violated; state the time
for correctionnew text begin, if applicablenew text end; and the amount of any proposed
fine. The citation must advise the person to notify the
commissioner in writing within 30 days if the person wishes to
appeal the citation. If the person fails to appeal the
citation, the citation is the final order and not subject to
further review.

Sec. 13.

Minnesota Statutes 2004, section 17.983,
subdivision 3, is amended to read:

Subd. 3.

Contested case.

If a person appeals a citation
or a penalty assessment within the time limits in
deleted text begin subdivisions deleted text endnew text beginsubdivision new text end1 deleted text beginand 2deleted text end, the commissionerdeleted text begin, within 40
days after receiving the appeal,deleted text endshall initiate a contested
proceeding under chapter 14. The report of the administrative
law judge is the final decision of the commissioner of
agriculture.

Sec. 14.

Minnesota Statutes 2004, section 17B.03,
subdivision 1, is amended to read:

Subdivision 1.

Commissioner's powers.

The commissioner
of agriculture shall exercise general supervision over the
inspection, grading, weighing, sampling, and analysis of grain
subject to the provisions of the United States Grain Standards
Act of 1976 and the rules promulgated thereunder by the United
States Department of Agriculture. This activity may take place
within or outside the state of Minnesota. new text beginScale testing must be
performed at export locations or, upon request from and with the
consent of the delegated authority, at domestic locations. Fees
for the testing of scales and weighing equipment shall be fixed
by the commissioner and must be uniform with those charged by
the Division of Weights and Measures of the Department of
Commerce.
new text end

Sec. 15.

Minnesota Statutes 2004, section 18B.05,
subdivision 1, is amended to read:

Subdivision 1.

Establishment.

A pesticide regulatory
account is established in the agricultural fund. Feesnew text begin,
assessments,new text endand penalties collected under this chapter must be
deposited in the agricultural fund and credited to the pesticide
regulatory account. Money in the account, including interest,
is appropriated to the commissioner for the administration and
enforcement of this chapter.

Sec. 16.

Minnesota Statutes 2004, section 18B.08,
subdivision 4, is amended to read:

Subd. 4.

Application fee.

A person deleted text begininitially deleted text endapplying
for a chemigation permit must pay a nonrefundable application
fee of deleted text begin$50 deleted text endnew text begin$250new text end. A person who holds a fertilizer chemigation
permit under section 18C.205, is exempt from the fee in this
subdivision.

Sec. 17.

Minnesota Statutes 2004, section 18B.26,
subdivision 3, is amended to read:

Subd. 3.

Application fee.

(a) A registrant shall pay an
annual application fee for each pesticide to be registered, and
this fee is set at deleted text beginone-tenth of one percent for calendar year
1990, at one-fifth of one percent for calendar year 1991, and at
two-fifths of one deleted text endnew text begin0.4 new text endpercent deleted text beginfor calendar year 1992 and
thereafter deleted text endof annual gross sales within the state and annual
gross sales of pesticides used in the state, with a minimum
nonrefundable fee of $250. The registrant shall determine when
and which pesticides are sold or used in this state. The
registrant shall secure sufficient sales information of
pesticides distributed into this state from distributors and
dealers, regardless of distributor location, to make a
determination. Sales of pesticides in this state and sales of
pesticides for use in this state by out-of-state distributors
are not exempt and must be included in the registrant's annual
report, as required under paragraph (c), and fees shall be paid
by the registrant based upon those reported sales. Sales of
pesticides in the state for use outside of the state are exempt
from the application fee in this paragraph if the registrant
properly documents the sale location and distributors. A
registrant paying more than the minimum fee shall pay the
balance due by March 1 based on the gross sales of the pesticide
by the registrant for the preceding calendar year. The fee for
disinfectants and sanitizers shall be the minimum. The minimum
fee is due by December 31 preceding the year for which the
application for registration is made. The commissioner shall
spend at least $300,000 per fiscal year from the pesticide
regulatory account for the purposes of the waste pesticide
collection program.

(b) An additional fee of $100 must be paid by the applicant
for each pesticide to be registered if the application is a
renewal application that is submitted after December 31.

(c) A registrant must annually report to the commissioner
the amount and type of each registered pesticide sold, offered
for sale, or otherwise distributed in the state. The report
shall be filed by March 1 for the previous year's registration.
The commissioner shall specify the form of the report and
require additional information deemed necessary to determine the
amount and type of pesticides annually distributed in the
state. The information required shall include the brand name,
amount, and formulation of each pesticide sold, offered for
sale, or otherwise distributed in the state, but the information
collected, if made public, shall be reported in a manner which
does not identify a specific brand name in the report.

new text begin (d) A registrant who is required to pay more than the
minimum fee for any pesticide under paragraph (a) must pay a
late fee penalty of $100 for each pesticide application fee paid
after March 1 in the year for which the license is to be issued.
new text end

Sec. 18.

Minnesota Statutes 2004, section 18B.31,
subdivision 5, is amended to read:

Subd. 5.

Application fee.

(a) An application for a
pesticide dealer license must be accompanied by a nonrefundable
application fee of deleted text begin$50 deleted text endnew text begin$150new text end.

(b) If an application for renewal of a pesticide dealer
license is not filed before January 1 of the year for which the
license is to be issued, an additional fee of $20 must be paid
by the applicant before the license is issued.

Sec. 19.

Minnesota Statutes 2004, section 18B.315,
subdivision 6, is amended to read:

Subd. 6.

Fees.

(a) An applicant for an aquatic pest
control license for a business must pay a nonrefundable
application fee of deleted text begin$100 deleted text endnew text begin$200new text end. An employee of a licensed
business must pay a nonrefundable application fee of $50 for an
individual aquatic pest control license.

(b) An application received after expiration of the aquatic
pest control license is subject to a penalty of 50 percent of
the application fee.

(c) An applicant that meets renewal requirements by
reexamination instead of attending workshops must pay the
equivalent workshop fee for the reexamination as determined by
the commissioner.

Sec. 20.

Minnesota Statutes 2004, section 18B.32,
subdivision 6, is amended to read:

Subd. 6.

Fees.

(a) An applicant for a structural pest
control license for a business must pay a nonrefundable
application fee of deleted text begin$100 deleted text endnew text begin$200new text end. An employee of a licensed
business must pay a nonrefundable application fee of $50 for an
individual structural pest control license.

(b) An application received after expiration of the
structural pest control license is subject to a penalty fee of
50 percent of the application fee.

(c) An applicant that meets renewal requirements by
reexamination instead of attending workshops must pay the
equivalent workshop fee for the reexamination as determined by
the commissioner.

Sec. 21.

Minnesota Statutes 2004, section 18B.33,
subdivision 7, is amended to read:

Subd. 7.

Application fees.

(a) A person initially
applying for or renewing a commercial applicator license must
pay a nonrefundable application fee of $50.

(b) deleted text beginIf deleted text endA new text beginlicense new text endrenewal application deleted text beginis not filed
before deleted text endnew text beginreceived after new text endMarch 1 deleted text beginof deleted text endnew text beginin new text endthe year for which the
license is to be issueddeleted text begin, an additional deleted text endnew text beginis subject to a new text endpenalty
fee of deleted text begin$10 must be paid before the commercial applicator deleted text endnew text begin50
percent of the application fee. The penalty fee must be paid
before the renewal new text endlicense may be issued.

(c) An application for a duplicate commercial applicator
license must be accompanied by a nonrefundable application fee
of $10.

Sec. 22.

Minnesota Statutes 2004, section 18B.34,
subdivision 5, is amended to read:

Subd. 5.

Fees.

(a) A person initially applying for or
renewing a noncommercial applicator license must pay a
nonrefundable application fee of $50, except an applicant who is
a government new text beginor Minnesota Conservation Corps new text endemployee who uses
pesticides in the course of performing official duties must pay
a nonrefundable application fee of $10.

(b) deleted text beginIf an deleted text endnew text beginA license renewal new text endapplication deleted text beginfor renewal of a
noncommercial license is not filed before deleted text endnew text beginreceived after new text endMarch 1
in the year for which the license is to be issueddeleted text begin, an additional
deleted text endnew text begin is subject to a new text endpenalty fee of deleted text begin$10 must be paid before the deleted text endnew text begin50
percent of the application fee. The penalty fee must be paid
before the new text endrenewal license may be issued.

(c) An application for a duplicate noncommercial applicator
license must be accompanied by a nonrefundable application fee
of $10.

Sec. 23.

Minnesota Statutes 2004, section 18C.141,
subdivision 1, is amended to read:

Subdivision 1.

Program establishment.

The commissioner
shall establish deleted text begina program deleted text endnew text beginvoluntary programs new text endto certify the
accuracy of analyses from soil and manure testing laboratories
and promote standardization of soil and manure testing
procedures and analytical results.

Sec. 24.

Minnesota Statutes 2004, section 18C.141,
subdivision 3, is amended to read:

Subd. 3.

Analyses reporting standards.

(a) The results
obtained from soil, manure, or plant analysis must be reported
in accordance with standard reporting units established by the
commissioner by rule. The standard reporting units must conform
as far as practical to uniform standards that are adopted on a
regional or national basis.

(b) If a certified laboratory offers a recommendation new text beginfor
use in Minnesotanew text end, the University of Minnesota recommendation or
that of another land grant college in a contiguous state must be
offered in addition to other recommendations, and the source of
the recommendation must be identified on the recommendation
form. If relative levels such as low, medium, or high are
presented to classify the analytical results, the corresponding
relative levels based on the analysis as designated by the
University of Minnesota or the land grant college in a
contiguous state must also be presented.

Sec. 25.

Minnesota Statutes 2004, section 18C.141,
subdivision 5, is amended to read:

Subd. 5.

deleted text begincertification deleted text endfees.

(a) new text beginThe commissioner may
charge the actual costs for check sample preparation and
shipping.
new text end

new text begin (b) new text endA laboratory applying for certification deleted text beginshall pay an
application fee of $100 and a certification fee of $100 before
the certification is issued deleted text endnew text beginmay be charged a nonrefundable
certification fee to cover the actual costs for administration
of the programnew text end.

deleted text begin (b) deleted text endnew text begin(c) new text endCertification is deleted text beginvalid for one year and the renewal
fee is $100. The commissioner shall charge an additional
application fee of $100 if a certified laboratory allows
certification to lapse before applying for renewed certification
deleted text endnew text begin renewable on an annual basisnew text end.

deleted text begin (c) deleted text endThe commissioner shall notify a certified lab that its
certification lapses within 30 to 60 days of the date when the
certification lapses.

new text begin (d) The commissioner may accept donations to support the
development and operation of soil and manure programs.
new text end

new text begin (e) Revenues under this section are deposited in the
fertilizer account of the agricultural fund.
new text end

Sec. 26.

Minnesota Statutes 2004, section 18C.425,
subdivision 6, is amended to read:

Subd. 6.

Inspection fees.

The person responsible for
payment of the inspection fees for fertilizers, soil amendments,
or plant amendments sold and used in this state must pay an
inspection fee of deleted text begin15 deleted text endnew text begin30 new text endcents per ton of fertilizer, soil
amendment, and plant amendment sold or distributed in this
state, with a minimum of $10 on all tonnage reports. Products
sold or distributed to manufacturers or exchanged between them
are exempt from the inspection fee imposed by this subdivision
if the products are used exclusively for manufacturing purposes.

Sec. 27.

Minnesota Statutes 2004, section 18E.03,
subdivision 2, is amended to read:

Subd. 2.

Expenditures.

(a) Money in the agricultural
chemical response and reimbursement account may only be used:

(1) to pay for the commissioner's responses to incidents
under chapters 18B, 18C, and 18D that are not eligible for
payment under section 115B.20, subdivision 2;

(2) to pay for emergency responses that are otherwise
unable to be funded;

(3) to reimburse and pay corrective action costs under
section 18E.04; and

(4) by the board to reimburse the commissioner for board
staff and other administrative costs up to deleted text begin$175,000 deleted text endnew text begin$225,000 new text endper
fiscal year.

(b) Money in the agricultural chemical response and
reimbursement account is appropriated to the commissioner to
make payments as provided in this subdivision.

Sec. 28.

Minnesota Statutes 2004, section 18G.03,
subdivision 1, is amended to read:

Subdivision 1.

Entry and inspection.

(a) The
commissioner may enter and inspect a public or private place
that might harbor plant pests and may require that the owner
destroy or treat plant pests, plants, or other material.

(b) If the owner fails to properly comply with a directive
of the commissioner, the commissioner may have any necessary
work done at the owner's expense. The commissioner shall notify
the owner of the deadline for paying those expenses. If the
owner does not reimburse the commissioner for an expense within
a time specified by the commissioner, the expense is a charge
upon the county as provided in subdivision 4.

(c) If a deleted text begindangerous deleted text endnew text beginharmful new text endplant pest infestation or
infection threatens plants of an area in the state, the
commissioner may take any measures necessary to eliminate or
alleviate the deleted text begindanger deleted text endnew text beginpotential significant damage or harmnew text end.

(d) The commissioner may collect fees required by this
chapter.

(e) The commissioner may issue and enforce deleted text begina deleted text endwritten or
printed "stop-sale" deleted text beginorder deleted text endnew text beginorders, compliance agreements, and
other directives and requests new text endto the owner or custodian of any
plants or articles infested or infected with deleted text begindangerously
injurious deleted text endnew text begina harmful new text endplant deleted text beginpests deleted text endnew text beginpestnew text end.

Sec. 29.

Minnesota Statutes 2004, section 18G.10,
subdivision 5, is amended to read:

Subd. 5.

Certificate fees.

(a) The commissioner shall
assess the fees in paragraphs (b) to (f) for the inspection,
service, and work performed in carrying out the issuance of a
phytosanitary certificate or export certificate. The inspection
fee must be based on mileage and inspection time.

(b) Mileage charge: current United States Internal Revenue
Service mileage rate.

(c) Inspection time: $50 per hour minimum or fee necessary
to cover department costs. Inspection time includes the driving
time to and from the location in addition to the time spent
conducting the inspection.

(d) deleted text beginA fee must be charged for any certificate issued that
requires laboratory analysis before issuance. The fee must be
deposited into the laboratory account as authorized in section
17.85.deleted text endnew text beginIf laboratory analysis or other technical analysis is
required to issue a certificate, the commissioner must set and
collect the fee to recover this additional cost.
new text end

(e) Certificate fee for product value greater than $250:
$75 for each phytosanitary or export certificate issued for any
single shipment valued at more than $250 in addition to any
mileage or inspection time charges that are assessed.

(f) Certificate fee for product value less than $250: $25
for each phytosanitary or export certificate issued for any
single shipment valued at less than $250 in addition to any
mileage or inspection time charges that are assessed.

new text begin (g) For services provided for in subdivision 7 that are
goods and services provided for the direct and primary use of a
private individual, business, or other entity, the commissioner
must set and collect the fees to cover the cost of the services
provided.
new text end

Sec. 30.

Minnesota Statutes 2004, section 18G.10,
subdivision 7, is amended to read:

Subd. 7.

deleted text beginplant protection inspections,deleted text endnew text beginsupplemental,
additional, or other new text endcertificatesdeleted text begin,deleted text endnew text beginand new text endpermitsdeleted text begin, and feesdeleted text end.

(a)
The commissioner may provide inspection, sampling, or
certification services to ensure that Minnesota plant products
or commodities meet import requirements of other states or
countries.

(b) The state plant regulatory official may issue permits
and certificates verifying that various Minnesota agricultural
products or commodities meet specified deleted text beginphytosanitary deleted text endnew text beginplant
health new text endrequirements, treatment requirements, or pest absence
assurances based on determinations by the commissioner. deleted text beginThe
commissioner may collect fees sufficient to recover costs for
these permits or certificates. The fees must be deposited in
the nursery and phytosanitary account.
deleted text end

Sec. 31.

Minnesota Statutes 2004, section 18G.16,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this
subdivision apply to this section.

(b) "Metropolitan area" means the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

(c) "Municipality" means a home rule charter or statutory
city or a town located in the metropolitan area that exercises
municipal powers under section 368.01 or any general or special
law; a special park district organized under chapter 398; a
special-purpose park and recreation board organized under the
city charter of a city of the first class located in the
metropolitan area; a county in the metropolitan area for the
purposes of county-owned property or any portion of a county
located outside the geographic boundaries of a city or a town
exercising municipal powers; and a municipality or county
located outside the metropolitan area with an approved disease
control program.

(d) "Shade tree deleted text begindisease deleted text endnew text beginpest new text end" means deleted text beginDutch elm disease, oak
wilt, or any disorder deleted text endnew text beginpests or pathogens new text endaffecting the growth
and life of shade trees.

(e) "Wood utilization or disposal system" means facilities,
equipment, or systems used for the removal and disposal of
diseased new text beginor pest-infested new text endshade trees, including collection,
transportation, processing, or storage of wood and assisting in
the recovery of materials or energy from wood.

(f) "Approved deleted text begindisease deleted text endnew text beginpest new text endcontrol program" means a
municipal plan approved by the commissioner to control new text beginor
eradicate a new text endshade tree deleted text begindisease deleted text endnew text beginpestnew text end.

(g) " deleted text beginDisease deleted text endnew text beginPest new text endcontrol area" means an area approved by
the commissioner within which a municipality will conduct an
approved deleted text begindisease deleted text endnew text beginpest new text endcontrol program.

(h) "Sanitation" means the identification, inspection,
disruption of a common root system, girdling, trimming, removal,
and disposal of deadnew text begin, pest-infested new text endor diseased wood of shade
trees, including subsidies for trees removed pursuant to
subdivision 4, on public or private property within a disease
control area.

(i) "Reforestation" means the replacement of shade trees
removed from public property and the planting of a tree as part
of a municipal disease control program. For purposes of this
paragraph, "public property" includes private property within
five feet of the boulevard or street terrace in a city that
enacted an ordinance on or before January 1, 1977, that
prohibits or requires a permit for the planting of trees in the
public right-of-way.

new text begin (j) "Shade tree" means a woody perennial grown primarily
for aesthetic or environmental purposes.
new text end

Sec. 32.

Minnesota Statutes 2004, section 18G.16,
subdivision 2, is amended to read:

Subd. 2.

Commissioner to adopt rules.

The commissioner
may adopt rules relating to shade tree pest and disease control
in any municipality. The rules must prescribe control measures
to be used to prevent the spread of shade tree pests and
diseases and must include the following:

(1) a definition of shade tree;

(2) qualifications for tree inspectors;

(3) methods of identifying diseased or deleted text begininfested
deleted text endnew text begin pest-infested new text endshade trees;

(4) procedures for giving reasonable notice of inspection
of private real property;

(5) measures for the removal of any shade tree which may
contribute to the spread of shade tree pests or disease and for
reforestation of pest or disease control areas;

(6) approved methods of treatment of shade trees;

(7) criteria for priority designation areas in an approved
pest or disease control program; and

(8) any other matters determined necessary by the
commissioner to prevent the spread of shade tree pests or
disease and enforce this section.

Sec. 33.

Minnesota Statutes 2004, section 18G.16,
subdivision 3, is amended to read:

Subd. 3.

Diagnostic laboratory.

The commissioner shall
operate a diagnostic laboratory for culturing diseased or
deleted text begin infested deleted text endnew text beginpest-infested new text endtrees for positive identification of
diseased or deleted text begininfested deleted text endnew text beginpest-infested new text endshade trees.

Sec. 34.

Minnesota Statutes 2004, section 18G.16,
subdivision 4, is amended to read:

Subd. 4.

Cooperation by university.

The University of
Minnesota College of Natural Resources shall cooperate with the
department in control of shade tree disease, pests, and
disorders and management of shade tree populations. The College
of Natural Resources shall cooperate with the department to
conduct tree inspector certification and recertification
workshops for certified tree inspectors. The College of Natural
Resources shall also conduct research into means for identifying
diseased new text beginor pest-infested new text endshade trees, develop and evaluate
control measures, and develop means for disposing of and using
diseased new text beginor pest-infested new text endshade trees.

Sec. 35.

Minnesota Statutes 2004, section 18G.16,
subdivision 5, is amended to read:

Subd. 5.

Experimental programs.

The commissioner may
establish experimental programs for sanitation or treatment of
shade tree diseases and for research into tree varieties most
suitable for municipal reforestation. The research must include
considerations of disease resistance, energy conservation, and
other factors considered appropriate. The commissioner may make
grants to municipalities or enter into contracts with
municipalities, nurseries, colleges, universities, or state or
federal agencies in connection with experimental shade tree
programs including research to assist municipalities in
establishing priority designation areas for shade tree deleted text begindisease
deleted text endnew text begin pest new text endcontrol and energy conservation.

Sec. 36.

Minnesota Statutes 2004, section 18G.16,
subdivision 6, is amended to read:

Subd. 6.

Removal of diseased or deleted text begininfested deleted text endnew text beginpest-infested
new text end trees.

After reasonable notice of inspection, an owner of real
property containing a shade tree that is diseased, infested, or
may contribute to the spread of pests or disease, must remove or
treat the tree within the period of time and in the manner
established by the commissioner. Trees that are not removed in
compliance with the commissioner's rules must be declared a
public nuisance and removed or treated by approved methods by
the municipality, which may assess all or part of the expense,
limited to the lowest contract rates available that include wage
levels which meet Minnesota minimum wage standards, to the
property and the expense becomes a lien on the property. A
municipality may assess not more than 50 percent of the expense
of treating with an approved method or removing diseased new text beginor
pest-infested new text endshade trees located on street terraces or
boulevards to the abutting properties and the assessment becomes
a lien on the property.

Sec. 37.

Minnesota Statutes 2004, section 18G.16,
subdivision 7, is amended to read:

Subd. 7.

Rules; applicability to municipalities.

The
rules of the commissioner apply in a municipality unless the
municipality adopts an ordinance determined by the commissioner
to be more stringent than the rules of the commissioner. The
rules of the commissioner or the municipality apply to all state
agencies, special purpose districts, and metropolitan
commissions as defined in section 473.121, subdivision 5a, that
own or control land adjacent to or within a shade tree deleted text begindisease
deleted text endnew text begin pest new text endcontrol area.

Sec. 38.

Minnesota Statutes 2004, section 18G.16,
subdivision 8, is amended to read:

Subd. 8.

Grants to municipalities.

(a) The commissioner
may, in the name of the state and within the limit of
appropriations provided, make a grant to a municipality with an
approved deleted text begindisease deleted text endnew text beginpest new text endcontrol program for the partial funding of
municipal sanitation and reforestation programs to replace trees
lost to new text beginpest,new text enddiseasenew text begin,new text endor natural disaster. The commissioner
may make a grant to a home rule charter or statutory city, a
special purpose park and recreation board organized under a
charter of a city of the first class, a nonprofit corporation
serving a city of the first class, or a county having an
approved disease control program for the acquisition or
implementation of a wood use or disposal system.

(b) The commissioner shall adopt rules for the
administration of grants under this subdivision. The rules must
contain:

(1) procedures for grant applications;

(2) conditions and procedures for the administration of
grants;

(3) criteria of eligibility for grants including, but not
limited to, those specified in this subdivision; and

(4) other matters the commissioner may find necessary to
the proper administration of the grant program.

(c) Grants for wood utilization and disposal systems made
by the commissioner under this subdivision must not exceed 50
percent of the total cost of the system. Grants for sanitation
and reforestation must be combined into one grant program.
Grants to a municipality for sanitation must not exceed 50
percent of sanitation costs approved by the commissioner
including any amount of sanitation costs paid by special
assessments, ad valorem taxes, federal grants, or other funds.
A municipality must not specially assess a property owner an
amount greater than the amount of the tree's sanitation cost
minus the amount of the tree's sanitation cost reimbursed by the
commissioner. Grants to municipalities for reforestation must
not exceed 50 percent of the wholesale cost of the trees planted
under the reforestation program; provided that a reforestation
grant to a county may include 90 percent of the cost of the
first 50 trees planted on public property in a town not included
in the definition of municipality in subdivision 1 and with less
than 1,000 population when the town applies to the county.
Reforestation grants to towns and home rule charter or statutory
cities of less than 4,000 population with an approved deleted text begindisease
deleted text endnew text begin pest new text endcontrol program may include 90 percent of the cost of the
first 50 trees planted on public property. The governing body
of a municipality that receives a reforestation grant under this
section must appoint up to seven residents of the municipality
or designate an existing municipal board or committee to serve
as a reforestation advisory committee to advise the governing
body of the municipality in the administration of the
reforestation program. For the purpose of this subdivision,
"cost" does not include the value of a gift or dedication of
trees required by a municipal ordinance but does include
documented "in-kind" services or voluntary work for
municipalities with a population of less than 1,000 according to
the most recent federal census.

(d) Based upon estimates submitted by the municipality to
the commissioner, which state the estimated costs of sanitation
and reforestation in the succeeding quarter under an approved
program, the commissioner shall direct quarterly advance
payments to be made by the state to the municipality commencing
April 1. The commissioner shall direct adjustment of any
overestimate in a succeeding quarter. A municipality may elect
to receive the proceeds of its sanitation and reforestation
grants on a periodic cost reimbursement basis.

(e) A home rule charter or statutory city, county outside
the metropolitan area, or any municipality, as defined in
subdivision 1, may submit an application for a grant authorized
by this subdivision concurrently with its request for approval
of a deleted text begindisease deleted text endnew text beginpest new text endcontrol program.

(f) The commissioner shall not make grants for sanitation
and reforestation or wood utilization and disposal systems in
excess of 67 percent of the amounts appropriated for those
purposes to the municipalities located within the metropolitan
area, as defined in subdivision 1.

Sec. 39.

Minnesota Statutes 2004, section 18G.16,
subdivision 9, is amended to read:

Subd. 9.

Subsidies to certain owners.

A municipality may
provide subsidies to nonprofit organizations, to owners of
private residential property of five acres or less, to owners of
property used for a homestead of more than five acres but less
than 20 acres, and to nonprofit cemeteries for the approved
treatment or removal of diseased new text beginor pest-infested new text endshade trees.

Notwithstanding any law to the contrary, an owner of
property on which shade trees are located may contract with a
municipality to provide protection against the cost of approved
treatment or removal of diseased new text beginor pest-infested new text endshade trees or
shade trees that will contribute to the spread of shade tree
diseases new text beginor pest infestationsnew text end. Under the contract, the
municipality must pay for the removal or approved treatment
under terms and conditions determined by its governing body.

Sec. 40.

Minnesota Statutes 2004, section 18G.16,
subdivision 14, is amended to read:

Subd. 14.

Municipal option to participate in program.

The term "municipality" shall include only those municipalities
which have informed the commissioner of their intent to continue
an approved deleted text begindisease deleted text endnew text beginpest new text endcontrol program. Any municipality
desiring to participate in the grants-in-aid for the partial
funding of municipal sanitation and reforestation programs must
notify the commissioner in writing before the beginning of the
calendar year in which it wants to participate and must have an
approved deleted text begindisease deleted text endnew text beginpest new text endcontrol program during any year in which
it receives grants-in-aid. Notwithstanding the provisions of
any law to the contrary, no municipality shall be required to
have an approved disease control program after December 31, 1981.

Sec. 41.

Minnesota Statutes 2004, section 18H.02, is
amended by adding a subdivision to read:

new text begin Subd. 12a. new text end

new text begin Individual. new text end

new text begin "Individual" means a human being.
new text end

Sec. 42.

Minnesota Statutes 2004, section 18H.02,
subdivision 21, is amended to read:

Subd. 21.

Nursery stock broker.

"Nursery stock broker"
means a nursery stock dealer engaged in the business of selling
or reselling new text begincertified new text endnursery stock as a business transaction
without taking ownership or handling the nursery stock.

Sec. 43.

Minnesota Statutes 2004, section 18H.02,
subdivision 22, is amended to read:

Subd. 22.

Nursery stock dealer.

"Nursery stock dealer"
means a person involved in the acquisition and further
distribution of new text begincertified new text endnursery stock; the utilization of
new text begin certified new text endnursery stock for landscaping or purchase of new text begincertified
new text end nursery stock for other persons; or the distribution
of new text begincertified new text endnursery stock with a mechanical digger, commonly
known as a tree spade, or by any other means. A person who
purchases more than half of the new text begincertified new text endnursery stock offered
for sale at a sales location during the current certificate year
is considered a nursery stock dealer rather than a nursery stock
grower for the purposes of determining a proper fee schedule.
Nursery stock brokers, landscapers, and tree spade operators are
considered nursery stock dealers for purposes of determining
proper certification.

Sec. 44.

Minnesota Statutes 2004, section 18H.02,
subdivision 23, is amended to read:

Subd. 23.

Nursery stock grower.

"Nursery stock grower"
includes, but is not limited to, a person who raises, grows, or
propagates nursery stock, outdoors or indoors. A person who
grows more than half of the new text begincertified new text endnursery stock offered for
sale at a sales location during the current certificate year is
considered a nursery stock grower for the purpose of determining
a proper fee schedule.

Sec. 45.

Minnesota Statutes 2004, section 18H.02,
subdivision 32, is amended to read:

Subd. 32.

Sales location.

"Sales location" means a fixed
location from which new text begincertified new text endnursery stock is displayed or
distributed.

Sec. 46.

Minnesota Statutes 2004, section 18H.02,
subdivision 34, is amended to read:

Subd. 34.

Tree spade operator.

"Tree spade operator"
means a deleted text beginnursery stock dealer deleted text endnew text beginperson new text endwho uses a tree spade to dig
deleted text begin nursery stock and sells deleted text endnew text begin, sellnew text end, deleted text beginoffers deleted text endnew text beginoffer new text endfor sale,
deleted text begin distributes deleted text endnew text begindistributenew text end, deleted text beginand transports deleted text endnew text beginor transport new text endcertified
nursery stock.

Sec. 47.

Minnesota Statutes 2004, section 18H.05, is
amended to read:

18H.05 NURSERY CERTIFICATE REQUIREMENTS.

(a) No person may offer for sale or distribute new text begincertified
new text end nursery stock as a nursery stock grower or dealer without first
obtaining the appropriate nursery stock certificate from the
commissioner. new text beginThe commissioner may not issue a certificate to a
person who does not sell certified nursery stock.new text endCertificates
are issued solely for these purposes and may not be used for
other purposes.

(b) A certificate issued by the commissioner expires on
December 31 of the year it is issued.

(c) A person required to be certified by this section must
apply for a certificate or for renewal on a form furnished by
the commissioner which must contain:

(1) the name and address of the applicant, the number of
locations to be operated by the applicant and their addresses,
and the assumed business name of the applicant;

(2) if other than an individual, a statement whether a
person is a partnership, corporation, or other organization; deleted text beginand
deleted text end

(3) the type of business to be operated and, if the
applicant is an agent, the principals the applicant representsnew text begin;
and
new text end

new text begin (4) source or sources of purchased nursery stocknew text end.

(d) No person may:

(1) falsely claim to be a certified dealer, grower, broker,
or agent; deleted text beginor
deleted text end

(2) make willful false statements when applying for a
certificatenew text begin; or
new text end

new text begin (3) sell or distribute certified nursery stock to an
uncertified nursery stock dealer who is required to be certified
or nursery stock growernew text end.

(e) Each application for a certificate must be accompanied
by the appropriate certificate fee under section 18H.07.

(f) Certificates issued by the commissioner must be
prominently displayed to the public in the place of business
where new text begincertified new text endnursery stock is sold or distributed.

(g) The commissioner may refuse to issue a certificate for
cause.

(h) Each grower or dealer is entitled to one sales location
under the certificate of the grower or dealer. Each additional
sales location maintained by the person requires the payment of
the full certificate fee for each additional sales outlet.

(i) A grower who is also a dealer is certified only as a
grower for that specific site.

(j) A certificate is personal to the applicant and may not
be transferred. A new certificate is necessary if the business
entity is changed or if the membership of a partnership is
changed, whether or not the business name is changed.

(k) The certificate issued to a dealer or grower applies to
the particular premises named in the certificate. However, if
prior approval is obtained from the commissioner, the place of
business may be moved to the other premises or location without
an additional certificate fee.

(l) A collector of nursery stock from the wild is required
to obtain a dealer's certificate from the commissioner and is
subject to all the requirements that apply to the inspection of
nursery stock. All collected nursery stock must be labeled as
"collected from the wild."

Sec. 48.

Minnesota Statutes 2004, section 18H.06, is
amended to read:

18H.06 EXEMPT NURSERY SALES.

Subdivision 1.

Not-for-profit sales.

An organization or
individual may offer for sale certified nursery stock and be
exempt from the requirement to obtain a nursery stock dealer
certificate if sales are conducted by a nonprofit charitable,
educational, or religious organization that:

(1) conducts sales or distributions of certified nursery
stock on deleted text begin14 deleted text endnew text beginten new text endor fewer days in a calendar year; and

(2) uses the proceeds from its certified nursery stock
sales or distribution for charitable, educational, or religious
purposes.

Subd. 2.

deleted text beginnursery hobbyist deleted text endoccasional sales.

(a) An
deleted text begin organization or deleted text endindividual may offer nursery stock for sale and
be exempt from the requirement to obtain a nursery stock dealer
certificate if:

(1) the gross sales of all nursery stock in a calendar year
do not exceed $2,000;

(2) all nursery stock sold or distributed by the deleted text beginhobbyist
deleted text endnew text begin individual new text endis intended for planting in Minnesota; deleted text beginand
deleted text end

(3) all nursery stock purchased or procured for resale or
distribution was grown in Minnesota and has been certified by
the commissionernew text begin; and
new text end

new text begin (4) conducts sales or distributions of nursery stock on ten
or fewer days in a calendar yearnew text end.

(b) The commissioner may prescribe the conditions of the
exempt nursery sales under this subdivision and may conduct
routine inspections of the nursery stock offered for sale.

Sec. 49.

Minnesota Statutes 2004, section 18H.07,
subdivision 1, is amended to read:

Subdivision 1.

Establishment of fees.

The commissioner
shall establish fees sufficient to allow for the administration
and enforcement of this chapter and rules adopted under this
chapter, including the portion of general support costs and
statewide indirect costs of the agency attributable to that
function, with a reserve sufficient for up to six months. The
commissioner shall review the fee schedule annually in
consultation with the Minnesota Nursery and Landscape Advisory
Committee. For the certificate year beginning January 1, deleted text begin2004
deleted text endnew text begin 2006new text end, the fees are as described in this section.

Sec. 50.

Minnesota Statutes 2004, section 18H.07,
subdivision 2, is amended to read:

Subd. 2.

Nursery stock grower certificate.

(a) A nursery
stock grower must pay an annual fee based on the area of all
acreage on which nursery stock is grown for certification as
follows:

(1) less than one-half acre, $150;

(2) from one-half acre to two acres, $200;

(3) over two acres up to five acres, $300;

(4) over five acres up to ten acres, $350;

(5) over ten acres up to 20 acres, $500;

(6) over 20 acres up to 40 acres, $650;

(7) over 40 acres up to 50 acres, $800;

(8) over 50 acres up to 200 acres, $1,100;

(9) over 200 acres up to 500 acres, $1,500; and

(10) over 500 acres, $1,500 plus $2 for each additional
acre.

(b) In addition to the fees in paragraph (a), a penalty of
ten percent of the fee due must be charged for each monthnew text begin, or
portion thereof,new text endthat the fee is delinquent new text beginup to a maximum of
30 percent new text endfor any application for renewal not received by
January 1 of the year following expiration of a certificate.

Sec. 51.

Minnesota Statutes 2004, section 18H.07,
subdivision 3, is amended to read:

Subd. 3.

Nursery stock dealer certificate.

(a) A nursery
stock dealer must pay an annual fee based on the dealer's gross
sales of new text begincertified new text endnursery stock per location during the
deleted text begin preceding deleted text endnew text beginmost recent new text endcertificate year. A certificate applicant
operating for the first time must pay the minimum fee. The fees
per sales location are:

(1) gross sales up to deleted text begin$20,000 deleted text endnew text begin$5,000new text end, $150;

(2) gross sales over deleted text begin$20,000 deleted text endnew text begin$5,000 new text endup to deleted text begin$100,000 deleted text endnew text begin$20,000new text end,
$175;

(3) gross sales over deleted text begin$100,000 deleted text endnew text begin$20,000 new text endup to
deleted text begin $250,000 deleted text endnew text begin$50,000new text end, $300;

(4) gross sales over deleted text begin$250,000 deleted text endnew text begin$50,000 new text endup to
deleted text begin $500,000 deleted text endnew text begin$75,000new text end, $425;

(5) gross sales over deleted text begin$500,000 deleted text endnew text begin$75,000 new text endup to
deleted text begin $1,000,000 deleted text endnew text begin$100,000new text end, $550;

(6) gross sales over deleted text begin$1,000,000 deleted text endnew text begin$100,000 new text endup to
deleted text begin $2,000,000 deleted text endnew text begin$200,000new text end, $675; and

(7) gross sales over deleted text begin$2,000,000 deleted text endnew text begin$200,000new text end, $800.

Sec. 52.

Minnesota Statutes 2004, section 18H.09, is
amended to read:

18H.09 NURSERY deleted text beginINSPECTIONS REQUIRED deleted text endnew text beginSTOCK CERTIFICATION
REQUIREMENTSnew text end.

(a) All nursery stock growing new text beginat new text endsites deleted text beginin Minnesota must
have had an deleted text endnew text beginidentified by nursery stock growers and submitted
for new text endinspection new text beginmust be inspected new text endby the commissioner deleted text beginduring
deleted text endnew text begin within new text endthe previous 12 months new text beginprior to sale new text endand found apparently
free from quarantine and regulated nonquarantine pests as well
as significantly dangerous or potentially damaging plant pests.
new text begin The commissioner may waive a site inspection under the following
conditions:
new text end

new text begin (1) the nursery stock is not going to be sold within 12
months;
new text end

new text begin (2) the nursery stock will not be moved out of Minnesota;
and
new text end

new text begin (3) the nursery site or stock is not subject to
certification requirements associated with a state or federally
regulated or quarantined plant pest.
new text end

All nursery stock originating from out of state and offered
for sale in Minnesota must have been inspected by the
appropriate state or federal agency during the previous 12
months and found free from quarantine and regulated
nonquarantine pests as well as significantly dangerous or
potentially damaging plant pests. A nursery stock certificate
is valid from January 1 to December 31.

(b) Nursery stock must be accessible to the commissioner
for inspection during regular business hours. Weeds or other
growth that hinder a proper inspection are grounds to suspend or
withhold a certificate or require a reinspection.

(c) Inspection reports issued to growers must contain a
list of the plant pests found at the time of inspection.
Withdrawal-from-distribution orders are considered part of the
inspection reports. A withdrawal-from-distribution order must
contain a list of plants withdrawn from distribution and the
location of the plants.

(d) The commissioner may post signs to delineate sections
withdrawn from distribution. These signs must remain in place
until the commissioner removes them or grants written permission
to the grower to remove the signs.

(e) Inspection reports issued to dealers must outline the
violations involved and corrective actions to be taken including
withdrawal-from-distribution orders which would specify nursery
stock that could not be distributed from a certain area.

(f) Optional inspections of plants may be conducted by the
commissioner upon request by any persons desiring an
inspection. A fee as provided in section 18H.07 must be charged
for such an inspection.

Sec. 53.

Minnesota Statutes 2004, section 18H.13,
subdivision 1, is amended to read:

Subdivision 1.

deleted text beginlabeling deleted text endnew text beginidentification of
originnew text end.

deleted text beginPlants, plant materials, or nursery stock distributed
into Minnesota must be conspicuously labeled on the exterior
with the name of the consignor, the state of origin, and the
name of the consignee and must be accompanied by certification
documents to satisfy all applicable state and federal
quarantines.deleted text endProof of valid nursery certification new text beginand origin of
all nursery stock new text endmust deleted text beginalso deleted text endaccompany the shipment. It is the
shared responsibility of both the consignee and consignor to
examine all shipments for the presence of current and applicable
nursery stock certifications for all plant material from all
sources of stock in each shipment.

Sec. 54.

Minnesota Statutes 2004, section 18H.15, is
amended to read:

18H.15 VIOLATIONS.

(a) A person who offers to distribute nursery stock that is
uncertified, uninspected, or falsely labeled or advertised
possesses an illegal regulated commodity that is considered
infested or infected with harmful plant pests and subject to
regulatory action and control. If the commissioner determines
that the provisions of this section have been violated, the
commissioner may order the destruction of all of the plants
unless the person:

(1) provides proper phytosanitary preclearance,
phytosanitary certification, or nursery stock certification;

(2) agrees to have the plants, plant materials, or nursery
stock returned to the consignor; and

(3) provides proper documentation, certification, or
compliance to support advertising claims.

(b) The plant owner is liable for all costs associated with
a withdrawal-from-distribution order or the quarantine,
treatment, or destruction of plants. The commissioner is not
liable for actual or incidental costs incurred by a person due
to the commissioner's actions. The commissioner must be
reimbursed by the owner of the plants for the actual expenses
incurred in carrying out a withdrawal-from-distribution order or
the quarantine, treatment, or destruction of any plants.

(1) misrepresent, falsify, or knowingly distribute, sell,
advertise, or display damaged, mislabeled, misrepresented,
infested, or infected nursery stock;

(2) fail to obtain a nursery certificate as required by the
commissioner;

(3) fail to renew a nursery certificate, but continue
business operations;

(4) fail to display a nursery certificate;

(5) misrepresent or falsify a nursery certificate;

(6) refuse to submit to a nursery inspection;

(7) fail to provide the cooperation necessary to conduct a
successful nursery inspection;

(8) offer for sale uncertified plants, plant materials, or
nursery stock;

(9) possess an illegal regulated commodity;

(10) violate or disobey a commissioner's order;

(11) violate a quarantine issued by the commissioner;

(12) fail to obtain phytosanitary certification for plant
material or nursery stock brought into Minnesota;

(13) deface, mutilate, or destroy a nursery stock
certificate, phytosanitary certificate, or phytosanitary
preclearance certificate, or other commissioner mark, permit, or
certificate;

(14) fail to notify the commissioner of an uncertified
shipment of plants, plant materials, or nursery stock; deleted text beginor
deleted text end

(15) transport uncertified plants, plant materials, or
nursery stock in Minnesotanew text begin; or
new text end

new text begin (16) sell nursery stock to an uncertified nursery stock
dealer who is required to be certifiednew text end.

Sec. 55.

Minnesota Statutes 2004, section 18H.18,
subdivision 1, is amended to read:

Subdivision 1.

Restrictions on collecting.

No person
shall distribute deleted text beginthe state flower (Cypripedium reginae), or deleted text endany
species of deleted text beginlady slipper (Cypripedieae) deleted text endnew text beginorchids
(Orchidaceae)new text end, deleted text beginany member of the orchid family,deleted text endany gentian
(Gentiana), arbutus (Epigaea repens), lilies (Lilium new text beginspecies new text end),
coneflowers (Echinacea new text beginspecies new text end), bloodroot (Sanguinaria
canadensis), mayapple (Podophyllum peltatutum), any species of
trillium new text begin(Trillium species)new text end, or lotus (Nelumbo lutea), which
have been collected in any manner from any public or private
property without the written permission of the property owner
and written authorization from the commissioner.

Sec. 56.

Minnesota Statutes 2004, section 19.64,
subdivision 1, is amended to read:

Subdivision 1.

Registration.

Every person who owns,
leases, or possesses colonies of bees deleted text beginor who intends to bring
bees into the state under an entry permit deleted text endshall register the
bees with the commissioner on or before deleted text beginApril 15 deleted text endnew text beginJune 1 new text endof each
year new text beginor within 15 days of entry into Minnesota or taking
possession of hives, whichever comes firstnew text end. The registration
application shall include the name and address of the applicant,
a description of the exact location of each of the applicant's
apiaries by county, township, range and quarter section, and
other information required by the commissioner. The fee for
registration under this subdivision is deleted text begin$10 deleted text endnew text begin$25 for beekeepers
with fewer than 50 colonies and $50 for beekeepers with 50 or
more colonies maintained in the statenew text end. deleted text beginThe commissioner shall
provide registered beekeepers with the Minnesota pest report.
deleted text endnew text begin The registration required by this section is not transferable.
At least one colony in each location must be plainly and legibly
marked with the owner's name and telephone number and address,
and other information required by the commissioner. The
department shall provide information on colony locations as
reported on the registrations on an Internet Web site or through
other appropriate measures.
new text end

Sec. 57.

Minnesota Statutes 2004, section 25.341,
subdivision 2, is amended to read:

Subd. 2.

Application; fee; term.

A person who is
required to have a commercial feed license shall submit an
application on a form provided or approved by the commissioner
accompanied by a deleted text beginlicense deleted text endfee of $25 paid to the commissioner for
each deleted text beginfacility deleted text endnew text beginlocationnew text end. new text beginA license is not transferable from one
person to another, from one ownership to another, or from one
location to another.new text endThe license year is the calendar year. A
license expires on December 31 of the year for which it is
issued, except that a license is valid through January 31 of the
next year or until the issuance of the renewal license,
whichever comes first, if the licensee has filed a renewal
application with the commissioner on or before December 31 of
the year for which the current license was issued. deleted text beginA new
applicant who deleted text endnew text beginAny person who is required to have, but new text endfails to
obtain a license deleted text beginwithin 15 working days of notification of the
requirement to obtain a license,deleted text endor a licensee who fails to
comply with license renewal requirements, shall pay a $50 late
fee in addition to the license fee. deleted text beginThe commissioner may issue
a withdrawal from distribution order on any commercial feed that
an unlicensed person produces or distributes in the state until
a license is issued.
deleted text end

Sec. 58.

new text begin [25.342] CERTIFICATES, FREE SALE.
new text end

new text begin A nonrefundable application fee of $25 must accompany all
free sale certificate requests to facilitate the movement of
Minnesota processed and manufactured feeds destined for export
from the state. Each label submitted for review must be
accompanied by a nonrefundable $50 application fee.
new text end

Sec. 59.

Minnesota Statutes 2004, section 25.39,
subdivision 1, is amended to read:

Subdivision 1.

Amount of fee.

(a) An inspection fee at
the rate of 16 cents per ton must be paid to the commissioner on
commercial feeds distributed in this state by the person who
first distributes the commercial feed, except thatnew text begin:
new text end

new text begin (1) new text endno fee deleted text beginneeds to deleted text endnew text beginneed new text endbe paid on:

deleted text begin (1) deleted text endnew text begin(i) new text enda commercial feed if the payment has been made by a
previous distributor; new text beginor
new text end

deleted text begin (2) deleted text endnew text begin(ii) new text endcustomer formula feeds if the inspection fee is
paid on the commercial feeds which are used as ingredients; or

deleted text begin (3) commercial feeds used as ingredients for the
manufacture of commercial feeds if the fee has been paid by a
previous distributor. If the fee has already been paid, credit
must be given for that payment.deleted text endnew text begin(2) new text enda Minnesota feed distributor
who deleted text begindistributes deleted text endnew text begincan substantiate that greater than 50 percent of
the distribution of new text endcommercial feed new text beginis new text endto purchasers outside the
state may purchase commercial feedsdeleted text begin,deleted text endwithout payment deleted text beginby any
person deleted text endof the inspection fee deleted text beginrequired on those purchases,deleted text endunder
a new text begintonnage fee exemption new text endpermit issued by the commissioner. Such
new text begin location specific new text endpermits shall deleted text beginonly deleted text endbe issued new text beginon a calendar
year basis new text endto commercial feed distributors who new text beginsubmit a $100
nonrefundable application fee and new text endcomply with rules adopted by
the commissioner relative to record keeping, tonnage of
commercial feed distributed in Minnesota, total of all
commercial feed tonnage distributed, and all other information
which the commissioner may require so as to ensure that proper
inspection fee payment has been made.

(b) In the case of pet food distributed in the state only
in packages of ten pounds or less, a listing of each product and
a current label for each product must be submitted annually on
forms provided by the commissioner and accompanied by an annual
fee of $50 for each product in lieu of the inspection fee. This
annual fee is due by July 1. The inspection fee required by
paragraph (a) applies to pet food distributed in packages
exceeding ten pounds.

(c) In the case of specialty pet food distributed in the
state only in packages of ten pounds or less, a listing of each
product and a current label for each product must be submitted
annually on forms provided by the commissioner and accompanied
by an annual fee of $25 for each product in lieu of the
inspection fee. This annual fee is due by July 1. The
inspection fee required by paragraph (a) applies to specialty
pet food distributed in packages exceeding ten pounds.

(d) The minimum inspection fee is $10 per annual reporting
period.

Sec. 60.

Minnesota Statutes 2004, section 25.39,
subdivision 4, is amended to read:

Subd. 4.

Commercial feed inspection account.

A
commercial feed inspection account is established in the
agricultural fund. Fees and penalties collected under deleted text beginsections
25.35 to 25.43 deleted text endnew text beginthis chapter new text endand interest attributable to money
in the account must be deposited in the agricultural fund and
credited to the commercial feed inspection account. Money in
the account, including interest earned, is appropriated to the
commissioner for the administration and enforcement of deleted text beginsections
25.341 to 25.43 deleted text endnew text beginthis chapternew text end.

Sec. 61.

Minnesota Statutes 2004, section 31.94, is
amended to read:

31.94 COMMISSIONER DUTIES.

(a) In order to promote opportunities for organic
agriculture in Minnesota, the commissioner shall:

(1) survey producers and support services and organizations
to determine information and research needs in the area of
organic agriculture practices;

(2) work with the University of Minnesota to demonstrate
the on-farm applicability of organic agriculture practices to
conditions in this state;

(3) direct the programs of the department so as to work
toward the promotion of organic agriculture in this state;

(4) inform agencies of how state or federal programs could
utilize and support organic agriculture practices; and

(5) work closely with producers, the University of
Minnesota, the Minnesota Trade Office, and other appropriate
organizations to identify opportunities and needs as well as
ensure coordination and avoid duplication of state agency
efforts regarding research, teaching, marketing, and extension
work relating to organic agriculture.

(b) By November 15 of each even-numbered year the
commissioner, in conjunction with the task force created in
paragraph (c), shall report on the status of organic agriculture
in Minnesota to the legislative policy and finance committees
and divisions with jurisdiction over agriculture. The report
must include:

(1) a description of current state or federal programs
directed toward organic agriculture, including significant
results and experiences of those programs;

(2) a description of specific actions the department of
agriculture is taking in the area of organic agriculture,
including the proportion of the department's budget spent on
organic agriculture;

(3) a description of current and future research needs at
all levels in the area of organic agriculture;

(4) suggestions for changes in existing programs or
policies or enactment of new programs or policies that will
affect organic agriculture;

(5) a description of market trends and potential for
organic products;

(6) available information, using currently reliable data,
on the price received, yield, and profitability of organic
farms, and a comparison with data on conventional farms; and

(7) available information, using currently reliable data,
on the positive and negative impacts of organic production on
the environment and human health.

(c) The commissioner shall appoint a Minnesota Organic
Advisory Task Force to advise the commissioner on policies and
practices to improve organic agriculture in Minnesota. The task
force must consist of the following residents of the state:

(1) three farmers using organic agriculture methods;

(2) two organic food wholesalers, retailers, or
distributors;

(3) one representative of organic food certification
agencies;

(4) two organic food processors;

(5) one representative from the Minnesota Extension
Service;

(6) one representative from a Minnesota postsecondary
research institution;

(7) one representative from a nonprofit organization
representing producers;

(8) one at-large member;

(9) one representative from the United States Department of
Agriculture; and

(10) one organic consumer representative.

Terms, compensation, and removal of members are governed by
section 15.059, subdivision 6. The task force must meet at
least twice each year and expires on June 30, deleted text begin2005 deleted text endnew text begin2009new text end.

(d) For the purposes of expanding, improving, and
developing production and marketing of the organic products of
Minnesota agriculture, the commissioner may receive funds from
state and federal sources and spend them, including through
grants or contracts, to assist producers and processors to
achieve certification, to conduct education or marketing
activities, to enter into research and development partnerships,
or to address production or marketing obstacles to the growth
and well-being of the industry.

(e) The commissioner may facilitate the registration of
state organic production and handling operations including those
exempt from organic certification according to Code of Federal
Regulations, title 7, section 205.101, and certification agents
operating within the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 62.

Minnesota Statutes 2004, section 35.02,
subdivision 1, is amended to read:

Subdivision 1.

Members; officers.

The board has five
members appointed by the governor with the advice and consent of
the senate, three of whom are producers of livestock in the
state, and two of whom are practicing veterinarians licensed in
Minnesota. The dean of the College of Veterinary Medicine new text beginand
the director of the Veterinary Diagnostic Laboratory new text endof the
University of Minnesota may serve as deleted text beginconsultant deleted text endnew text beginconsultants new text endto
the board without vote. Appointments to fill unexpired terms
must be made from the classes to which the retiring members
belong. The board shall elect a president and a vice-president
from among its members and a veterinarian licensed in Minnesota
who is not a member to be its executive director for a term of
one year and until a successor qualifies. The board shall set
the duties of the director.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 63.

Minnesota Statutes 2004, section 35.03, is
amended to read:

35.03 POWERS, DUTIES, AND REPORTS.

The board shall protect the health of Minnesota domestic
animals and carry out the provisions of this chapter. The board
shall make rules necessary to protect the health of domestic
animals. The board shall meet at least quarterly. Officers
must be elected each April. On or before November 1 of each
year the board shall publish an annual report. new text beginThe University
of Minnesota Veterinary Diagnostic Laboratory is the official
laboratory for the board. At least quarterly, the director of
the Veterinary Diagnostic Laboratory must report on the
laboratory's activities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 64.

Minnesota Statutes 2004, section 35.05, is
amended to read:

35.05 AUTHORITY OF STATE BOARD.

(a) The state board may quarantine or kill any domestic
animal infected with, or which has been exposed to, a contagious
or infectious dangerous disease if it is necessary to protect
the health of the domestic animals of the state.

(b) The board may regulate or prohibit the arrival in and
departure from the state of infected or exposed animals and, in
case of violation of any rule or prohibition, may detain any
animal at its owner's expense. The board may regulate or
prohibit the importation of domestic animals which, in its
opinion, may injure the health of Minnesota livestock.

(c) new text beginWhen the governor declares an emergency under section
35.0661,new text endthe boardnew text begin, through its executive director,new text endmay
deleted text begin implement the United States Voluntary Johne's Disease Herd
Status Program for Cattle deleted text endnew text beginassume control of such resources
within the University of Minnesota's Veterinary Diagnostic
Laboratory as necessary to effectively address the disease
outbreak. The director of the laboratory and other laboratory
personnel must cooperate fully in performing necessary functions
related to the outbreak or threatened outbreaknew text end.

(d) Rules adopted by the board under authority of this
chapter must be published in the State Register.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 65.

new text begin [35.153] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this
section apply to section 17.452, this section, and section
35.155.
new text end

new text begin Subd. 2. new text end

new text begin Cervidae. new text end

new text begin "Cervidae" means animals that are
members of the family Cervidae and includes, but is not limited
to, white-tailed deer, mule deer, red deer, elk, moose, caribou,
reindeer, and muntjac.
new text end

new text begin Subd. 3. new text end

new text begin Farmed cervidae. new text end

new text begin "Farmed cervidae" means
cervidae that are:
new text end

new text begin (1) raised for any purpose; and
new text end

new text begin (2) registered in a manner approved by the Board of Animal
Health.
new text end

new text begin Subd. 4. new text end

new text begin Owner. new text end

new text begin "Owner" means a person who owns or is
responsible for the raising of farmed cervidae.
new text end

new text begin Subd. 5.new text end

new text beginHerd.new text end

new text begin"Herd" means all cervidae:
new text end

new text begin (1) maintained on common ground for any purpose; or
new text end

new text begin (2) under common ownership or supervision, geographically
separated, but that have an interchange or movement of animals
without regard to whether the animals are infected with or
exposed to diseases.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 66.

Minnesota Statutes 2004, section 35.155, is
amended to read:

35.155 FARMED CERVIDAE.

new text begin Subdivision 1. new text end

new text begin Running at large prohibited. new text end

new text begin (a) An owner
may not allow farmed cervidae to run at large. The owner must
make all reasonable efforts to return escaped farmed cervidae to
their enclosures as soon as possible. The owner must notify the
commissioner of natural resources of the escape of farmed
cervidae if the farmed cervidae are not returned or captured by
the owner within 24 hours of their escape.
new text end

new text begin (b) An owner is liable for expenses of another person in
capturing, caring for, and returning farmed cervidae that have
left their enclosures if the person capturing the farmed
cervidae contacts the owner as soon as possible.
new text end

new text begin (c) If an owner is unwilling or unable to capture escaped
farmed cervidae, the commissioner of natural resources may
destroy the escaped farmed cervidae. The commissioner of
natural resources must allow the owner to attempt to capture the
escaped farmed cervidae prior to destroying the farmed
cervidae. Farmed cervidae that are not captured by 24 hours
after escape may be destroyed.
new text end

new text begin Subd. 2. new text end

new text begin Wild cervidae inside confinement area. new text end

new text begin An owner
or an employee or agent under the direction of the owner must
destroy wild cervidae found within the owner's farmed cervidae
confinement area. The owner, employee, or agent must report the
wild cervidae destroyed to a conservation officer or an employee
of the Department of Natural Resources, Division of Wildlife,
within 24 hours. The wild cervidae must be disposed of as
prescribed by the commissioner of natural resources.
new text end

new text begin Subd. 3. new text end

new text begin Farming in native elk area. new text end

new text begin A person may not
raise farmed red deer in the native elk area without written
approval of the commissioner of natural resources. The native
elk area is the area north of U.S. Highway 2 and west of U.S.
Highway 71 and trunk highway 72. The commissioner of natural
resources shall review the proposed farming operation and
approve with any condition or deny approval based on risks to
the native elk population.
new text end

new text begin Subd. 4. new text end

new text begin Fencing. new text end

new text begin Farmed cervidae must be confined in a
manner designed to prevent escape. All perimeter fences for
farmed cervidae must be at least 96 inches in height and be
constructed and maintained in a way that prevents the escape of
farmed cervidae or entry into the premises by free-roaming
cervidae.
new text end

new text begin Subd. 5. new text end

new text begin Disease control programs. new text end

new text begin Farmed cervidae are
subject to this chapter and the rules of the Board of Animal
Health in the same manner as other livestock and domestic
animals, including provisions related to importation and
transportation.
new text end

new text begin Subd. 6. new text end

new text begin Identification. new text end

new text begin (a) Farmed cervidae must be
identified by means approved by the Board of Animal Health. The
identification must be visible to the naked eye during daylight
under normal conditions at a distance of 50 yards. Newborn
animals must be identified before December 31 of the year in
which the animal is born or before movement from the premises,
whichever occurs first.
new text end

new text begin (b) The Board of Animal Health shall register farmed
cervidae. The owner must submit the registration request on
forms provided by the board. The forms must include sales
receipts or other documentation of the origin of the cervidae.
The board shall provide copies of the registration information
to the commissioner of natural resources upon request. The
owner must keep written records of the acquisition and
disposition of registered farmed cervidae.
new text end

new text begin Subd. 7. new text end

new text begin Inspection. new text end

new text begin The commissioner of agriculture and
the Board of Animal Health may inspect farmed cervidae, farmed
cervidae facilities, and farmed cervidae records. For each
herd, the owner or owners must, on or before January 1, pay an
annual inspection fee equal to $10 for each cervid in the herd
as reflected in the most recent inventory submitted to the Board
of Animal Health, up to a maximum fee of $100. The commissioner
of natural resources may inspect farmed cervidae, farmed
cervidae facilities, and farmed cervidae records with reasonable
suspicion that laws protecting native wild animals have been
violated and must notify the owner in writing at the time of the
inspection of the reason for the inspection and must inform the
owner in writing after the inspection of whether (1) the cause
of the inspection was unfounded; or (2) there will be an ongoing
investigation or continuing evaluation.
new text end

new text begin Subd. 8. new text end

new text begin Cervidae inspection account. new text end

new text begin A cervidae
inspection account is established in the state treasury. The
fees collected under this section and interest attributable to
money in the account must be deposited in the state treasury and
credited to the cervidae inspection account in the special
revenue fund. Money in the account, including interest earned,
is appropriated to the Board of Animal Health for the
administration and enforcement of this section.
new text end

new text begin Subd. 9. new text end

new text begin Contested case hearing. new text end

new text begin A person raising farmed
cervidae that is aggrieved with any decision regarding the
farmed cervidae may request a contested case hearing under
chapter 14.
new text end

new text begin Subd. 10. new text end

new text begin Mandatory registration. new text end

new text begin A person may not
possess live cervidae in Minnesota unless the person is
registered with the Board of Animal Health and meets all the
requirements for farmed cervidae under this section. Cervidae
possessed in violation of this subdivision may be seized and
destroyed by the commissioner of natural resources.
new text end

new text begin Subd. 11. new text end

new text begin Mandatory surveillance for chronic wasting
disease. new text end

new text begin (a) An inventory for each farmed cervidae herd must be
verified by an accredited veterinarian and filed with the Board
of Animal Health every 12 months.
new text end

new text begin (b) Movement of farmed cervidae from any premises to
another location must be reported to the Board of Animal Health
within 14 days of the movement on forms approved by the Board of
Animal Health.
new text end

new text begin (c) All animals from farmed cervidae herds that are over 16
months of age that die or are slaughtered must be tested for
chronic wasting disease.
new text end

new text begin Subd. 12. new text end

new text begin Importation. new text end

A person must not import cervidae
into the state from a herd that is infected or exposed to
chronic wasting disease or from a known chronic wasting disease
endemic area, as determined by the board. A person may import
cervidae into the state only from a herd that is not in a known
chronic wasting disease endemic area, as determined by the
board, and the herd has been subject to a state or provincial
approved chronic wasting disease monitoring program for at least
three years. Cervidae imported in violation of this section may
be seized and destroyed by the commissioner of natural resources.

new text begin Subd. 13.new text end

new text beginRules.new text end

new text beginThe Board of Animal Health shall adopt
rules as necessary to implement this section and to otherwise
provide for the control of cervidae diseases.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 67.

Minnesota Statutes 2004, section 38.01, is
amended to read:

38.01 COUNTY AGRICULTURAL SOCIETIES; FORMATION, POWERS.

new text begin (a) new text endAn agricultural society or association may be
incorporated by citizens of any county, or two or more counties
jointly, but only one agricultural society shall be organized in
any county. An agricultural society may sue and be sued in its
corporate name; may adopt bylaws, rules, and regulations, alter
and amend the same; may purchase and hold, lease and control any
real or personal property deemed to promote the objects of the
society, and may rent, lease, sell, and convey the same. Any
income from the rental or lease of deleted text beginsuch deleted text endnew text beginthe new text endproperty may be used
for any or all of the following purposes: (1) Acquisition of
additional real property; (2) Construction of additional
buildings; or (3) Maintenance and care of the society's
property. This section shall not be construed to preclude the
continuance of any agricultural society now existing or the
granting of aid deleted text beginthereto deleted text endnew text beginto the societynew text end.

new text begin (b) new text endAn agricultural society shall have jurisdiction and
control of the grounds upon which its fairs are held and of the
streets and deleted text begingrounds deleted text endadjacent deleted text beginthereto deleted text endnew text begingrounds new text endduring deleted text beginsuch deleted text endnew text beginthe
new text end fair, so far as may be necessary for deleted text beginsuch purpose deleted text endnew text beginfair purposes,
and are exempt from local zoning ordinances throughout the year
as provided in section 38.16new text end. deleted text beginAt or before the time of holding
any fair, the agricultural society may appoint, in writing, as
many persons to act as special constables as necessary, for and
during the time of holding the same and for a reasonable time
prior and subsequent thereto. These constables, before entering
upon their duties, shall take and subscribe the usual oath of
office, endorsed upon their appointment, and have and exercise
upon the grounds of the society, and within one-half mile
thereof, all the power and authority of constables at common law
and, in addition thereto, may, within these limits, without
warrant, arrest any person found violating any laws of the
state, or any rule, regulation, or bylaw of the society, and
summarily remove the persons and property of such offenders from
the grounds and take them before any court of competent
jurisdiction to be dealt with according to law. Each such peace
officer shall wear an appropriate badge of office while acting
as such.
deleted text end

new text begin (c) new text enddeleted text beginAs an alternative to the appointment of special
constables,deleted text endThe society may contract with the sheriff deleted text beginor deleted text endnew text begin,new text endlocal
municipalitynew text begin, or security guard as defined in section 626.88 new text endto
provide the society with deleted text beginthe same deleted text endpolice service deleted text beginit may secure
by appointing special constablesdeleted text end. A person providing police
service pursuant to deleted text beginsuch deleted text enda contract is not, by reason of the
contract, classified as an employee of the agricultural society
for any purpose other than the discharge of powers and duties
under the contract.

new text begin (d) new text endAny person who shall willfully violate any rule or
regulation made by deleted text beginsuch deleted text endnew text beginagricultural new text endsocieties during the days
of a fair shall be guilty of a misdemeanor.

The provisions of this section supersede all special laws
on the same subject.

Sec. 68.

Minnesota Statutes 2004, section 38.16, is
amended to read:

38.16 EXEMPTION FROM ZONING ORDINANCES.

When lands lying within the corporate limits of towns or
cities are owned by a county or agricultural society and used
for agricultural fair purposes, the lands and the buildings now
or hereafter erected are exempt from the zoning, building, and
other ordinances of the town or city; provided, that no license
or permit need be obtained from, nor fee paid to, the town or
city in connection with the use of the lands. new text beginFor the purposes
of this section, "agricultural fair purposes" includes the
management of property as provided in section 38.01, paragraph
(a).
new text end

Sec. 69.

Minnesota Statutes 2004, section 41A.09,
subdivision 2a, is amended to read:

Subd. 2a.

Definitions.

For the purposes of this section,
the terms defined in this subdivision have the meanings given
them.

(a) "Ethanol" means fermentation ethyl alcohol derived from
agricultural products, including potatoes, cereal grains, cheese
whey, and sugar beets; forest products; or other renewable
resources, including residue and waste generated from the
production, processing, and marketing of agricultural products,
forest products, and other renewable resources, that:

(1) meets all of the specifications in ASTM specification
D4806-01; and

(2) is denatured as specified in Code of Federal
Regulations, title 27, parts 20 and 21.

(b) "Ethanol plant" means a plant at which ethanol is
produced.

new text begin (d) "Rural economic infrastructure" means the development
of activities that will enhance the value of agricultural crop
or livestock commodities or by-products or waste from farming
operations through new and improved value-added conversion
processes and technologies, the development of more timely and
efficient infrastructure delivery systems, and the enhancement
of marketing opportunities. "Rural economic infrastructure"
also means land, buildings, structures, fixtures, and
improvements located or to be located in Minnesota and used or
operated primarily for the processing or the support of
production of marketable products from agricultural commodities
or wind energy produced in Minnesota.
new text end

Sec. 70.

Minnesota Statutes 2004, section 41A.09,
subdivision 3a, is amended to read:

Subd. 3a.

Ethanol producer payments.

(a) The
commissioner shall make cash payments to producers of ethanol
located in the state that have begun production new text beginat a specific
location new text endby June 30, 2000. For the purpose of this subdivision,
an entity that holds a controlling interest in more than one
ethanol plant is considered a single producer. The amount of
the payment for each producer's annual production, except as
provided in paragraph (c), is 20 cents per gallon for each
gallon of ethanol produced new text beginat a specific location new text endon or before
June 30, 2000, or ten years after the start of production,
whichever is later. Annually, within 90 days of the end of its
fiscal year, an ethanol producer receiving payments under this
subdivision must file a disclosure statement on a form provided
by the commissioner. The initial disclosure statement must
include a summary description of the organization of the
business structure of the claimant, a listing of the percentages
of ownership by any person or other entity with an ownership
interest of five percent or greater, and a copy of its annual
audited financial statements, including the auditor's report and
footnotes. The disclosure statement must include information
demonstrating what percentage of the entity receiving payments
under this section is owned by farmers or other entities
eligible to farm or own agricultural land in Minnesota under the
provisions of section 500.24. Subsequent annual reports must
reflect noncumulative changes in ownership of ten percent or
more of the entity. The report need not disclose the identity
of the persons or entities eligible to farm or own agricultural
land with ownership interests, individuals residing within 30
miles of the plant, or of any other entity with less than ten
percent ownership interest, but the claimant must retain
information within its files confirming the accuracy of the data
provided. This data must be made available to the commissioner
upon request. Not later than the 15th day of February in each
year the commissioner shall deliver to the chairs of the
standing committees of the senate and the house of
representatives that deal with agricultural policy and
agricultural finance issues an annual report summarizing
aggregated data from plants receiving payments under this
section during the preceding calendar year. Audited financial
statements and notes and disclosure statements submitted to the
commissioner are nonpublic data under section 13.02, subdivision
9. Notwithstanding the provisions of chapter 13 relating to
nonpublic data, summaries of the submitted audited financial
reports and notes and disclosure statements will be contained in
the report to the committee chairs and will be public data.

(b) No payments shall be made for ethanol production that
occurs after June 30, 2010. new text beginA producer of ethanol shall not
transfer the producer's eligibility for payments under this
section to an ethanol plant at a different location.
new text end

(c) If the level of production at an ethanol plant
increases due to an increase in the production capacity of the
plant, the payment under paragraph (a) applies to the additional
increment of production until ten years after the increased
production began. Once a plant's production capacity reaches
15,000,000 gallons per year, no additional increment will
qualify for the payment.

(d) Total payments under paragraphs (a) and (c) to a
producer in a fiscal year may not exceed $3,000,000.

(e) By the last day of October, January, April, and July,
each producer shall file a claim for payment for ethanol
production during the preceding three calendar months. A
producer that files a claim under this subdivision shall include
a statement of the producer's total ethanol production in
Minnesota during the quarter covered by the claim. For each
claim and statement of total ethanol production filed under this
subdivision, the volume of ethanol production must be examined
by an independent certified public accountant in accordance with
standards established by the American Institute of Certified
Public Accountants.

(f) Payments shall be made November 15, February 15, May
15, and August 15. A separate payment shall be made for each
claim filed. Except as provided in paragraph (g), the total
quarterly payment to a producer under this paragraph may not
exceed $750,000.

(g) Notwithstanding the quarterly payment limits of
paragraph (f), the commissioner shall make an additional payment
in the fourth quarter of each fiscal year to ethanol producers
for the lesser of: (1) 20 cents per gallon of production in the
fourth quarter of the year that is greater than 3,750,000
gallons; or (2) the total amount of payments lost during the
first three quarters of the fiscal year due to plant outages,
repair, or major maintenance. Total payments to an ethanol
producer in a fiscal year, including any payment under this
paragraph, must not exceed the total amount the producer is
eligible to receive based on the producer's approved production
capacity. The provisions of this paragraph apply only to
production losses that occur in quarters beginning after
December 31, 1999.

(h) The commissioner shall reimburse ethanol producers for
any deficiency in payments during earlier quarters if the
deficiency occurred because new text beginof unallotment or because
new text end appropriated money was insufficient to make timely payments in
the full amount provided in paragraph (a). Notwithstanding the
quarterly or annual payment limitations in this subdivision, the
commissioner shall begin making payments for earlier
deficiencies in each fiscal year that appropriations for ethanol
payments exceed the amount required to make eligible scheduled
payments. Payments for earlier deficiencies must continue until
the deficiencies for each producer are paid in full.

new text begin (i) The commissioner may make direct payments to producers
of rural economic infrastructure with any amount of the annual
appropriation for ethanol producer payments and rural economic
infrastructure that is in excess of the amount required to make
scheduled ethanol producer payments and deficiency payments
under paragraphs (a) to (h).
new text end

Sec. 71.

Minnesota Statutes 2004, section 41A.09, is
amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Motor vehicles; ethanol combustion efficiency
grants. new text end

new text begin From within the appropriation for each fiscal year to
the ethanol development program under this section, or from
other appropriated money, the commissioner shall make up to two
grants, each in an amount not exceeding $50,000, to qualified
applicants proposing to do research on, but not limited to,
ethanol's effect on fuel system materials compatibility and ways
to improve the energy efficiency of ethanol fuel blends in motor
vehicles while meeting all requirements for control of tailpipe
emissions. A grant recipient may receive funding for no more
than two consecutive years. A research project must be matched
by $2 of nonstate money for each $3 of state grant money.
new text end

Sec. 72.

Minnesota Statutes 2004, section 41A.09, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Guidelines. new text end

new text begin The commissioner shall establish
guidelines not subject to chapter 14 for the submission and
review of applications and the awarding of grants under
subdivision 9.
new text end

Sec. 73.

Minnesota Statutes 2004, section 41B.046,
subdivision 5, is amended to read:

Subd. 5.

Loans.

(a) The authority may participate in a
stock loan with an eligible lender to a farmer who is eligible
under subdivision 4. Participation is limited to 45 percent of
the principal amount of the loan or $40,000, whichever is less.
The interest rates and repayment terms of the authority's
participation interest may differ from the interest rates and
repayment terms of the lender's retained portion of the loan,
but the authority's interest rate must not exceed 50 percent of
the lender's interest rate.

(b) No more than 95 percent of the purchase price of the
stock may be financed under this program.

(c) Security for stock loans must be the stock purchased, a
personal note executed by the borrower, and whatever other
security is required by the eligible lender or the authority.

(d) The authority may impose a reasonable nonrefundable
application fee for each application for a stock loan. The
authority may review the fee annually and make adjustments as
necessary. The application fee is initially $50. Application
fees received by the authority must be deposited in the
deleted text begin value-added agricultural product revolving fund deleted text endnew text beginrevolving loan
account established in section 41B.06new text end.

(e) Stock loans under this program will be made using money
in the deleted text beginvalue-added agricultural product deleted text endrevolving deleted text beginfund deleted text endnew text beginloan
account new text endestablished deleted text beginunder subdivision 3 deleted text endnew text beginin section 41B.06new text end.

(f) The authority may not grant stock loans in a cumulative
amount exceeding $2,000,000 for the financing of stock purchases
in any one cooperative.

new text begin (g) Repayments of financial assistance under this section,
including principal and interest, must be deposited into the
revolving loan account established in section 41B.06.
new text end

Sec. 74.

Minnesota Statutes 2004, section 41B.049,
subdivision 2, is amended to read:

Subd. 2.

deleted text beginrevolving fund deleted text endnew text begindeposit of repaymentsnew text end.

deleted text beginThere is
established in the state treasury a revolving fund, which is
eligible to receive appropriations and the transfer of funds
from other services.deleted text endAll repayments of financial assistance
granted under subdivision 1, including principal and interest,
must be deposited into deleted text beginthis fund. Interest earned on money in
the fund accrues to the fund, and money in the fund is
appropriated to the commissioner of agriculture for purposes of
the manure digester loan program, including costs incurred by
the authority to establish and administer the program deleted text endnew text beginthe
revolving loan account established in section 41B.06new text end.

Sec. 75.

Minnesota Statutes 2004, section 41B.049,
subdivision 4, is amended to read:

Subd. 4.

Loans.

(a) The authority may make a direct loan
or participate in a loan with an eligible lender to a farmer who
is eligible under subdivision 3. deleted text beginThe interest rates and
deleted text end Repayment terms of the authority's participation interest may
differ from deleted text beginthe interest rates and deleted text endrepayment terms of the
lender's retained portion of the loan. deleted text beginThe authority's interest
rate for a direct loan or a loan participation must not exceed
four percent.deleted text endLoans made under this section deleted text beginbefore July 1,
2003,deleted text endmust be no-interest loans.

(b) Application for a direct loan or a loan participation
must be made on forms prescribed by the authority.

(d) Security for the loans must be a personal note executed
by the borrower and whatever other security is required by the
eligible lender or the authority.

(e) No loan proceeds may be used to refinance a debt
existing prior to application.

(f) The authority may impose a reasonable nonrefundable
application fee for each application for a direct loan or a loan
participation. The authority may review the application fees
annually and make adjustments as necessary. The application fee
is initially set at $100 for a loan under subdivision 1. The
fees received by the authority must be deposited in the
revolving deleted text beginfund created in subdivision 2 deleted text endnew text beginloan account established
in section 41B.06new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively
for any loan made on or after July 1, 2003.
new text end

Sec. 76.

new text begin [41B.055] LIVESTOCK EQUIPMENT PILOT LOAN
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The authority must
establish and implement a livestock equipment pilot loan program
to help finance the first purchase of livestock-related
equipment and make livestock facilities improvements.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin Notwithstanding section 41B.03, to
be eligible for this program a borrower must:
new text end

new text begin (1) be a resident of Minnesota or general partnership or a
family farm corporation, authorized farm corporation, family
farm partnership, or authorized farm partnership as defined in
section 500.24, subdivision 2;
new text end

new text begin (2) be the principal operator of a livestock farm;
new text end

new text begin (3) have a total net worth, including assets and
liabilities of the borrower's spouse and dependents, no greater
than the amount stipulated in section 41B.03, subdivision 3;
new text end

new text begin (4) demonstrate an ability to repay the loan; and
new text end

new text begin (5) hold an appropriate feedlot registration or be using
the loan under this program to meet registration requirements.
In addition to the requirements in clauses (1) to (5),
preference must be given to applicants who have farmed less than
ten years as evidenced by their filing of schedule F in their
federal tax returns.
new text end

new text begin Subd. 3. new text end

new text begin Loans. new text end

new text begin (a) The authority may participate in a
livestock equipment loan equal to 90 percent of the purchased
equipment value with an eligible lender to a farmer who is
eligible under subdivision 2. Participation is limited to 45
percent of the principal amount of the loan or $40,000,
whichever is less. The interest rates and repayment terms of
the authority's participation interest may differ from the
interest rates and repayment terms of the lender's retained
portion of the loan, but the authority's interest rate must not
exceed three percent. The authority may review the interest
annually and make adjustments as necessary.
new text end

new text begin (b) Standards for loan amortization must be set by the
rural finance authority and must not exceed seven years.
new text end

new text begin (c) Security for a livestock equipment loan must be a
personal note executed by the borrower and whatever other
security is required by the eligible lender or the authority.
new text end

new text begin (d) Refinancing of existing debt is not an eligible purpose.
new text end

new text begin (e) The authority may impose a reasonable, nonrefundable
application fee for a livestock equipment loan. The authority
may review the fee annually and make adjustments as necessary.
The initial application fee is $50. Application fees received
by the authority must be deposited in the revolving loan account
established in section 41B.06.
new text end

new text begin (f) Loans under this program must be made using money in
the revolving loan account established in section 41B.06.
new text end

new text begin Subd. 4. new text end

new text begin Eligible expenditures. new text end

new text begin Money may be used for
loans for the acquisition of equipment for animal housing,
confinement, animal feeding, milk production, and waste
management, including the following, if related to animal
husbandry:
new text end

new text begin (1) fences;
new text end

new text begin (2) watering facilities;
new text end

new text begin (3) feed storage and handling equipment;
new text end

new text begin (4) milking parlors;
new text end

new text begin (5) milking equipment;
new text end

new text begin (6) scales;
new text end

new text begin (7) milk storage and cooling facilities;
new text end

new text begin (8) manure pumping and storage facilities; and
new text end

new text begin (9) capital investment in pasture.
new text end

Sec. 77.

new text begin [41B.06] RURAL FINANCE AUTHORITY REVOLVING LOAN
ACCOUNT.
new text end

new text begin There is established in the rural finance administration
fund a rural finance authority revolving loan account that is
eligible to receive appropriations and the transfer of loan
funds from other programs. All repayments of financial
assistance granted from this account, including principal and
interest, must be deposited into this account. Interest earned
on money in the account accrues to the account, and the money in
the account is appropriated to the commissioner of agriculture
for purposes of the rural finance authority livestock equipment,
methane digester, and value-added agricultural product loan
programs, including costs incurred by the authority to establish
and administer the programs.
new text end

Sec. 78.

Minnesota Statutes 2004, section 116.07,
subdivision 7a, is amended to read:

Subd. 7a.

Notice of application for livestock feedlot
permit.

(a) A person who applies to the Pollution Control
Agency or a county board for a permit to construct or expand a
feedlot with a capacity of 500 animal units or more shall, not
less than 20 business days before the date on which a permit is
issued, provide notice to each resident and each owner of real
property within 5,000 feet of the perimeter of the proposed
feedlot. The notice may be delivered by first class mail, in
person, or by the publication in a newspaper of general
circulation within the affected area and must include
information on the type of livestock and the proposed capacity
of the feedlot. Notification under this subdivision is
satisfied under an equal or greater notification requirement of
a county deleted text beginconditional use deleted text endnew text beginor town new text endpermit new text beginprocessnew text end. new text beginA person must
also send a copy of the notice by first class mail to the clerk
of the town in which the feedlot is proposed not less than 20
business days before the date on which a permit is issued.
new text end

(b) The agency or a county board must verify that notice
was provided as required under paragraph (a) prior to issuing a
permit.

Sec. 79.

Minnesota Statutes 2004, section 116O.09,
subdivision 1a, is amended to read:

Subd. 1a.

Board of directors.

The board of directors of
the Agricultural Utilization Research Institute is comprised of:

(1) the chairs of the senate and the house of
representatives standing committees with jurisdiction over
agriculture finance or the chair's designee;

(2) two representatives of statewide farm organizations;

(3) two representatives of agribusiness; and

(4) three representatives of the commodity promotion
councils.

deleted text begin A member of the board of directors under clauses (2) to
(4), including a member serving on July 1, 2003, may serve for a
maximum of two three-year terms. The board's compensation is
governed by section 15.0575, subdivision 3.
deleted text end

Sec. 80.

new text begin [156.075] REQUIREMENT FOR EQUINE TEETH
FLOATERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section
the following terms have the meanings given them.
new text end

new text begin (a) "Equine teeth floating" means:
new text end

new text begin (1) removal of enamel points from teeth with handheld,
nonmotorized, non-air-powered files or rasps;
new text end

new text begin (2) reestablishing normal molar table angles and freeing up
lateral excursion and other normal movements of the mandible;
new text end

new text begin (3) shaping the lingual aspect of the lower arcades and the
buccal aspect of the upper arcades to a rounded smooth surface;
and
new text end

new text begin (4) removing points from the buccal aspect of the upper
arcade and the lingual aspect of the lower arcade.
new text end

new text begin (b) "Indirect supervision" means a veterinarian must be
available by telephone or other form of immediate
communication. The veterinarian must be currently licensed
under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Equine teeth floating services. new text end

new text begin (a) A person
may perform equine teeth floating services after submitting to
the board the following:
new text end

new text begin (1) proof of current certification from the International
Association of Equine Dentistry or other professional equine
dentistry association as determined by the board; and
new text end

new text begin (2) a written statement signed by a supervising
veterinarian experienced in large animal medicine that the
applicant will be under direct or indirect supervision of the
veterinarian when floating equine teeth.
new text end

new text begin (b) The board must waive the requirement in paragraph (a),
clause (1), and allow a person to perform equine teeth floating
services if the person provides satisfactory evidence of being
actively engaged in equine teeth floating for at least ten of
the past 15 years and has generated at least $5,000 annually in
personal income from this activity.
new text end

Sec. 81.

Minnesota Statutes 2004, section 168.27, is
amended by adding a subdivision to read:

new text begin Subd. 29. new text end

new text begin Flexible fuel vehicle notice. new text end

new text begin At the time a
dealer delivers a flexible fuel vehicle, the dealer must provide
written notice to the consumer that the vehicle is capable of
using alternative fuels, including E85 fuel.
new text end

Sec. 82.

Minnesota Statutes 2004, section 169.87,
subdivision 4, is amended to read:

Subd. 4.

Vehicle transporting milk.

Until June 1,
deleted text begin 2003 deleted text endnew text begin2007new text end, a weight restriction imposed under subdivision 1 by
the commissioner of transportation or a local road authority, or
imposed by subdivision 2, does not apply to a vehicle
transporting milk from the point of production to the point of
first processing if, at the time the weight restriction is
exceeded, the vehicle is carrying milk loaded at only one point
of production. This subdivision does not authorize a vehicle
described in this subdivision to exceed a weight restriction of
five tons per axle by more than two tons per axle.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 83.

Minnesota Statutes 2004, section 174.52,
subdivision 5, is amended to read:

Subd. 5.

Grant procedures and criteria.

The commissioner
shall establish procedures for statutory or home rule charter
cities, towns, and counties to apply for grants or loans from
the fund and criteria to be used to select projects for funding.
The commissioner shall establish these procedures and criteria
in consultation with representatives appointed by the
Association of Minnesota Counties, League of Minnesota
Cities, deleted text beginand deleted text endMinnesota deleted text beginTownship Officers Association deleted text endnew text beginAssociation
of Townships, and the appropriate state agency as needednew text end. The
criteria for determining project priority and the amount of a
grant or loan must be based upon consideration of:

(1) the availability of other state, federal, and local
funds;

(2) the regional significance of the route;

(3) effectiveness of the proposed project in eliminating a
transportation system deficiency;

(4) the number of persons who will be positively impacted
by the project;

(5) the project's contribution to other local, regional, or
state economic development or redevelopment efforts new text beginincluding
livestock and other agricultural operations permitted after the
effective date of this sectionnew text end; and

(6) ability of the local unit of government to adequately
provide for the safe operation and maintenance of the facility
upon project completion.

Sec. 84.

Minnesota Statutes 2004, section 223.17,
subdivision 3, is amended to read:

Subd. 3.

Grain buyers and storage account; fees.

The
commissioner shall set the fees for inspections under sections
223.15 to 223.22 at levels necessary to pay the expenses of
administering and enforcing sections 223.15 to 223.22.

The fee for any license issued or renewed after June 30,
deleted text begin 2001 deleted text endnew text begin2005new text end, shall be set according to the following schedule:

(a) deleted text begin$125 deleted text endnew text begin$140 new text endplus deleted text begin$100 deleted text endnew text begin$110 new text endfor each additional location
for grain buyers whose gross annual purchases are less than
$100,000;

(b) deleted text begin$250 deleted text endnew text begin$275 new text endplus deleted text begin$100 deleted text endnew text begin$110 new text endfor each additional location
for grain buyers whose gross annual purchases are at least
$100,000, but not more than $750,000;

(c) deleted text begin$375 deleted text endnew text begin$415 new text endplus deleted text begin$200 deleted text endnew text begin$220 new text endfor each additional location
for grain buyers whose gross annual purchases are more than
$750,000 but not more than $1,500,000;

(d) deleted text begin$500 deleted text endnew text begin$550 new text endplus deleted text begin$200 deleted text endnew text begin$220 new text endfor each additional location
for grain buyers whose gross annual purchases are more than
$1,500,000 but not more than $3,000,000; and

(e) deleted text begin$625 deleted text endnew text begin$700 new text endplus deleted text begin$200 deleted text endnew text begin$220 new text endfor each additional location
for grain buyers whose gross annual purchases are more than
$3,000,000.

new text begin A penalty amount not to exceed ten percent of the fees due
may be imposed by the commissioner for each month for which the
fees are delinquent.
new text end

There is created the grain buyers and storage account in
the agricultural fund. Money collected pursuant to sections
223.15 to 223.19 shall be paid into the state treasury and
credited to the grain buyers and storage account and is
appropriated to the commissioner for the administration and
enforcement of sections 223.15 to 223.22.

Sec. 85.

Minnesota Statutes 2004, section 223.17,
subdivision 6, is amended to read:

Subd. 6.

Financial statements.

For the purpose of fixing
or changing the amount of a required bond or for any other
proper reason, the commissioner shall require an annual
financial statement from a licensee which has been prepared in
accordance with generally accepted accounting principles and
which meets the following requirements:

(a) The financial statement shall include, but not be
limited to the following: (1) a balance sheet; (2) a statement
of income (profit and loss); (3) a statement of retained
earnings; (4) a statement of changes in financial position; and
(5) a statement of the dollar amount of grain purchased in the
previous fiscal year of the grain buyer.

(b) The financial statement shall be accompanied by a
reviewed financial statement or audit prepared by an independent
public accountant or a compilation report prepared by a grain
commission firm approved by the commissioner, in accordance with
standards established by the American Institute of Certified
Public Accountants. new text beginGrain buyers purchasing less than 150,000
bushels of grain per calendar year may submit a financial
statement prepared by a public accountant who is not an employee
or a relative within the third degree of kindred according to
civil law.
new text end

(c) The financial statement shall be accompanied by a
certification by the chief executive officer or the chief
executive officer's designee of the licensee, under penalty of
perjury, that the financial statement accurately reflects the
financial condition of the licensee for the period specified in
the statement.

Only one financial statement must be filed for a chain of
warehouses owned or operated as a single business entity, unless
otherwise required by the commissioner. Any grain buyer having
a net worth in excess of $500,000,000 need not file the
financial statement required by this subdivision but must
provide the commissioner with a certified net worth statement.
All financial statements filed with the commissioner are private
or nonpublic data as provided in section 13.02.

Sec. 86.

Minnesota Statutes 2004, section 231.16, is
amended to read:

231.16 WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE
OPERATOR TO OBTAIN LICENSE.

A warehouse operator or household goods warehouse operator
must be licensed annually by the department. The department
shall prescribe the form of the written application. If the
department approves the license application and the applicant
files with the department the necessary bond, in the case of
household goods warehouse operators, or proof of warehouse
operators legal liability insurance coverage in an amount of
$50,000 or more, as provided for in this chapter, the department
shall issue the license upon payment of the license fee required
in this section. A warehouse operator or household goods
warehouse operator to whom a license is issued shall pay a fee
as follows:
Building square footage used for public storage

(1) 5,000 or less deleted text begin$100 deleted text endnew text begin$110
new text end (2) 5,001 to 10,000 deleted text begin$200 deleted text endnew text begin$220
new text end (3) 10,001 to 20,000 deleted text begin$300 deleted text endnew text begin$330
new text end (4) 20,001 to 100,000 deleted text begin$400 deleted text endnew text begin$440
new text end (5) 100,001 to 200,000 deleted text begin$500 deleted text endnew text begin$550
new text end (6) over 200,000 deleted text begin$600 deleted text endnew text begin$660
new text end

new text begin A penalty amount not to exceed ten percent of the fees due
may be imposed by the commissioner for each month for which the
fees are delinquent.
new text end

Fees collected under this chapter must be paid into the
grain buyers and storage account established in section 232.22.

The license must be renewed annually on or before July 1,
and always upon payment of the full license fee required in this
section. No license shall be issued for any portion of a year
for less than the full amount of the license fee required in
this section. Each license obtained under this chapter must be
publicly displayed in the main office of the place of business
of the warehouse operator or household goods warehouse operator
to whom it is issued. The license authorizes the warehouse
operator or household goods warehouse operator to carry on the
business of warehousing only in the one city or town named in
the application and in the buildings therein described. The
department, without requiring an additional bond and license,
may issue permits from time to time to any warehouse operator
already duly licensed under the provisions of this chapter to
operate an additional warehouse in the same city or town for
which the original license was issued during the term thereof,
upon the filing an application for a permit in the form
prescribed by the department.

A license may be refused for good cause shown and revoked
by the department for violation of law or of any rule adopted by
the department, upon notice and after hearing.

Sec. 87.

Minnesota Statutes 2004, section 232.22,
subdivision 3, is amended to read:

Subd. 3.

Fees; grain buyers and storage account.

There
is created in the agricultural fund an account known as the
grain buyers and storage account. The commissioner shall set
the fees for inspections, certifications and licenses under
sections 232.20 to 232.25 at levels necessary to pay the costs
of administering and enforcing sections 232.20 to 232.25. All
money collected pursuant to sections 232.20 to 232.25 and
chapters 233 and 236 shall be paid by the commissioner into the
state treasury and credited to the grain buyers and storage
account and is appropriated to the commissioner for the
administration and enforcement of sections 232.20 to 232.25 and
chapters 233 and 236. All money collected pursuant to chapter
231 shall be paid by the commissioner into the grain buyers and
storage account and is appropriated to the commissioner for the
administration and enforcement of chapter 231.

new text begin The fees for a license to store grain are as follows:
new text end

new text begin (a) For a license to store grain, $110 for each home rule
charter or statutory city or town in which a public grain
warehouse is operated.
new text end

new text begin (b) A person with a license to store grain in a public
grain warehouse is subject to an examination fee for each
licensed location, based on the following schedule for one
examination:
new text end

new text begin Bushel Capacity new text end new text begin Examination Fee
Less than 150,001 new text end new text begin $300
150,001 to 250,000 new text end new text begin $425
250,001 to 500,000 new text end new text begin $545
500,001 to 750,000 new text end new text begin $700
750,001 to 1,000,000 new text end new text begin $865
1,000,001 to 1,200,000 new text end new text begin $1,040
1,200,001 to 1,500,000 new text end new text begin $1,205
1,500,001 to 2,000,000 new text end new text begin $1,380
More than 2,000,000 new text end new text begin $1,555
new text end

new text begin (c) The fee for the second examination is $55 per hour per
examiner for warehouse operators who choose to have it performed
by the commissioner.
new text end

new text begin (d) A penalty amount not to exceed ten percent of the fees
due may be imposed by the commissioner for each month for which
the fees are delinquent.
new text end

Sec. 88.

Minnesota Statutes 2004, section 236.02,
subdivision 4, is amended to read:

Subd. 4.

Fees.

new text beginThe license fee is $140 for each home
rule charter or statutory city or town in which a private grain
warehouse is operated and which will be used to operate a grain
bank. A penalty amount not to exceed ten percent of the fees
due may be imposed by the commissioner for each month for which
the fees are delinquent.new text endThe license fee must be set by the
commissioner in an amount sufficient to cover the costs of
administering and enforcing this chapter. Fees collected under
this chapter must be paid into the grain buyers and storage
account established in section 232.22.

Sec. 89.

Minnesota Statutes 2004, section 327.23,
subdivision 2, is amended to read:

Subd. 2.

Manufactured home park.

new text begin(a) new text endThe term
"manufactured home park" shall not be construed to includenew text begin:
new text end

new text begin (1) new text endmanufactured homes, buildings, tents or other
structures temporarily maintained by any individual or company
on premises associated with a work project and used exclusively
to house labor or other personnel occupied in such work projectnew text begin;
or
new text end

new text begin (2) two or fewer manufactured homes maintained by an
individual or company on premises associated with an
agricultural operation in an area zoned agricultural, provided
the homes:
new text end

new text begin (i) are located within 100 yards of an existing residence
on those premises;
new text end

new text begin (ii) are used exclusively to house either family of the
individual, at least one of whose members is engaged in
agricultural work on the premises, or agricultural labor as
defined in section 3121(g) of the Internal Revenue Code; and
new text end

new text begin (iii) meet the requirements of sections 327.31 to 327.35,
and Minnesota Rules, chapter 1350, and parts 4630.0600, subpart
1; 4630.0700; 4630.1200; 4630.3500; and 4715.0310new text end.

new text begin (b) new text endThe deleted text beginstate deleted text endDepartment of Health may by rule prescribe
such sanitary facilities as it may deem necessary to provide for
the sanitation of such structures and the safety of the
occupants thereof.

Sec. 90.

Minnesota Statutes 2004, section 394.25,
subdivision 3c, is amended to read:

Subd. 3c.

Feedlot zoning ordinances.

(a) A county
proposing to adopt a new feedlot ordinance or amend an existing
feedlot ordinance must notify the Pollution Control Agency and
commissioner of agriculture at the beginning of the processnew text begin, no
later than the notice of the first hearing proposing to adopt or
amend an ordinance purporting to address feedlotsnew text end.

(b) Prior to final approval of a feedlot ordinance, a
county board may submit a copy of the proposed ordinance to the
Pollution Control Agency and to the commissioner of agriculture
and request review, comment, and deleted text beginpreparation of deleted text endnew text beginrecommendations
on the environmental and agricultural effects from specific
provisions in the ordinance.
new text end

new text begin (c) The agencies' response to the county may include:
new text end

new text begin (1) any recommendations for improvements in the ordinance;
and
new text end

new text begin (2) the legal, social, economic, or scientific
justification for each recommendation under clause (1).
new text end

new text begin (d) At the request of the county board, the county must
prepare new text enda report on the deleted text beginenvironmental and agricultural deleted text endnew text begineconomic
new text end effects from specific provisions in the ordinance. new text beginEconomic
analysis must state whether the ordinance will affect the local
economy and describe the kinds of businesses affected and the
projected impact the proposal will have on those businesses. To
assist the county, the commissioner of agriculture, in
cooperation with the Department of Employment and Economic
Development, must develop a template for measuring local
economic effects and make it available to the county. The
report must be submitted to the commissioners of employment and
economic development and agriculture along with the proposed
ordinance.
new text end

deleted text begin (c) The report may include:
deleted text end

deleted text begin (1) any recommendations for improvements in the ordinance;
and
deleted text end

deleted text begin (2) the legal, social, economic, or scientific
justification for each recommendation under clause (1).
deleted text end

deleted text begin (d) deleted text endnew text begin(e) new text endA local ordinance that contains a setback for new
feedlots from existing residences must also provide for a new
residence setback from existing feedlots located in areas zoned
agricultural at the same distances and conditions specified in
the setback for new feedlots, unless the new residence is built
to replace an existing residence. A county may grant a variance
from this requirement under section 394.27, subdivision 7.

Sec. 91.

Minnesota Statutes 2004, section 462.355,
subdivision 4, as amended by Laws 2005, chapter 41, section 17,
is amended to read:

Subd. 4.

Interim ordinance.

new text begin(a) new text endIf a municipality is
conducting studies or has authorized a study to be conducted or
has held or has scheduled a hearing for the purpose of
considering adoption or amendment of a comprehensive plan or
official controls as defined in section 462.352, subdivision 15,
or if new territory for which plans or controls have not been
adopted is annexed to a municipality, the governing body of the
municipality may adopt an interim ordinance applicable to all or
part of its jurisdiction for the purpose of protecting the
planning process and the health, safety and welfare of its
citizens. The interim ordinance may regulate, restrict, or
prohibit any use, development, or subdivision within the
jurisdiction or a portion thereof for a period not to exceed one
year from the date it is effective.

new text begin (b) If a proposed interim ordinance purports to regulate,
restrict, or prohibit activities relating to livestock
production, a public hearing must be held following a ten-day
notice given by publication in a newspaper of general
circulation in the municipality before the interim ordinance
takes effect.
new text end

new text begin (c) new text endThe period of an interim ordinance applicable to an
area that is affected by a city's master plan for a municipal
airport may be extended for such additional periods as the
municipality may deem appropriate, not exceeding a total
additional period of 18 months. In all other cases, no interim
ordinance may halt, delay, or impede a subdivision that has been
given preliminary approval, nor may any interim ordinance extend
the time deadline for agency action set forth in section 15.99
with respect to any application filed prior to the effective
date of the interim ordinance. The governing body of the
municipality may extend the interim ordinance after a public
hearing and written findings have been adopted based upon one or
more of the conditions in clause (1), (2), or (3). The public
hearing must be held at least 15 days but not more than 30 days
before the expiration of the interim ordinance, and notice of
the hearing must be published at least ten days before the
hearing. The interim ordinance may be extended for the
following conditions and durations, but, except as provided in
clause (3), an interim ordinance may not be extended more than
an additional 18 months:

(1) up to an additional 120 days following the receipt of
the final approval or review by a federal, state, or
metropolitan agency when the approval is required by law and the
review or approval has not been completed and received by the
municipality at least 30 days before the expiration of the
interim ordinance;

(2) up to an additional 120 days following the completion
of any other process required by a state statute, federal law,
or court order, when the process is not completed at least 30
days before the expiration of the interim ordinance; or

(3) up to an additional one year if the municipality has
not adopted a comprehensive plan under this section at the time
the interim ordinance is enacted.

Sec. 92.

Minnesota Statutes 2004, section 462.357, is
amended by adding a subdivision to read:

new text begin Subd. 1g. new text end

new text begin Feedlot zoning controls. new text end

new text begin (a) A municipality
proposing to adopt a new feedlot zoning control or to amend an
existing feedlot zoning control must notify the Pollution
Control Agency and commissioner of agriculture at the beginning
of the process, no later than the date notice is given of the
first hearing proposing to adopt or amend a zoning control
purporting to address feedlots.
new text end

new text begin (b) Prior to final approval of a feedlot zoning control,
the governing body of a municipality may submit a copy of the
proposed zoning control to the Pollution Control Agency and to
the commissioner of agriculture and request review, comment, and
recommendations on the environmental and agricultural effects
from specific provisions in the ordinance.
new text end

new text begin (c) The agencies' response to the municipality may include:
new text end

new text begin (1) any recommendations for improvements in the ordinance;
and
new text end

new text begin (2) the legal, social, economic, or scientific
justification for each recommendation under clause (1).
new text end

new text begin (d) At the request of the municipality's governing body,
the municipality must prepare a report on the economic effects
from specific provisions in the ordinance. Economic analysis
must state whether the ordinance will affect the local economy
and describe the kinds of businesses affected and the projected
impact the proposal will have on those businesses. To assist
the municipality, the commissioner of agriculture, in
cooperation with the Department of Employment and Economic
Development, must develop a template for measuring local
economic effects and make it available to the municipality. The
report must be submitted to the commissioners of employment and
economic development and agriculture along with the proposed
ordinance.
new text end

new text begin (e) A local ordinance that contains a setback for new
feedlots from existing residences must also provide for a new
residence setback from existing feedlots located in areas zoned
agricultural at the same distances and conditions specified in
the setback for new feedlots, unless the new residence is built
to replace an existing residence. A municipality may grant a
variance from this requirement under section 462.358,
subdivision 6.
new text end

Sec. 93. new text beginTRANSFER OF FUNDS; DEPOSIT OF REPAYMENTS.
new text end

new text begin The remaining balances in the revolving accounts in
Minnesota Statutes, sections 41B.046 and 41B.049, that are
dedicated to rural finance authority loan programs under those
sections, are transferred to the revolving loan account
established in Minnesota Statutes, section 41B.06, on the
effective date of this section. All future receipts from
value-added agricultural product loans and methane digester
loans originated under Minnesota Statutes, sections 41B.046 and
41B.049, must be deposited in the revolving loan account
established in Minnesota Statutes, section 41B.06.
new text end

Sec. 94. new text beginAGRICULTURAL NUTRIENT TASK FORCE.
new text end

new text begin (a) There is created an Agricultural Nutrient Task Force
consisting of two members of the senate appointed by the chair
of the senate Committee on Agriculture, Veterans and Gaming; two
members of the house of representatives appointed by the chair
of the house Committee on Agriculture and Rural Development; the
commissioner of agriculture or the commissioner's designee; and
15 public members appointed by the commissioner. The public
members must be broadly representative of the diverse range of
persons interested in and knowledgeable about agricultural soil
nutrients and must include representatives of agricultural crop
growers, fertilizer retailers, soil nutrient consultants, and
agricultural soil and nutrient researchers. Public members of
the task force must serve without compensation or reimbursement
of personal expenses.
new text end

new text begin (b) The commissioner of agriculture must convene the first
meeting of the task force and must provide office support
services to the task force as needed. The task force may
determine the date, location, and agenda of additional meetings.
new text end

new text begin (c) The task force must review and make recommendations on
at least the following topics and practices:
new text end

new text begin (1) the need for research, education, and training in the
selection and application of agricultural fertilizer and soil
nutrients in the state;
new text end

new text begin (2) the imposition of a tonnage fee on all agricultural
fertilizer applied in Minnesota and the designated uses of the
proceeds from the fee;
new text end

new text begin (3) the desirability of amending statutes and rules that
apply to the selection, purchase, storage, and application of
agricultural fertilizer and soil nutrients, including the
reasonableness of rules for their on-farm storage; and
new text end

new text begin (4) methods of inspection and monitoring for compliance
with fertilizer regulations to protect against the theft of
anhydrous ammonia for production of methamphetamine.
new text end

new text begin (d) On behalf of the task force, not later than February
15, 2006, the commissioner of agriculture shall prepare and
deliver to the standing agriculture policy committees of the
senate and the house of representatives a report and list of
recommendations for changes in statutes and rules.
new text end

new text begin (e) The task force expires June 30, 2006.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 95. new text beginSTUDY; BIODIESEL FUEL FOR RESIDENTIAL,
COMMERCIAL, AND INDUSTRIAL HEATING.
new text end

new text begin (a) From the money available to the commissioner of
commerce for purposes of studies and technical assistance by the
reliability administrator under Minnesota Statutes, section
216C.052, and in conformity with the goals and directives of
Minnesota Statutes, section 16B.325, the reliability
administrator shall perform a comprehensive technical and
economic analysis of the benefits to be derived from using
biodiesel fuel as defined in Minnesota Statutes, section 239.77,
subdivision 1, or biodiesel fuel blends, as a residential,
commercial, and industrial heating fuel. The analysis must
consider blends ranging from B2 to B100. No more than $25,000
may be expended for the analysis.
new text end

new text begin (b) Not later than March 15, 2007, the reliability
administrator shall report the results of the study and analysis
to the appropriate standing committees of the Minnesota senate
and house of representatives.
new text end

Sec. 96. new text beginCONTINUED SUPPORT FOR SUSTAINABLE AND ORGANIC
AGRICULTURE.
new text end

new text begin The University of Minnesota is requested to continue
providing support for sustainable and organic agriculture
initiatives including, but not limited to, the alternative swine
systems program.
new text end

Sec. 97. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change cross-references in
Minnesota Statutes and Minnesota Rules to reflect the amendments
and repealers in this act and Minnesota Statutes, sections
17.452, subdivision 5a; 35.153; and 35.155, as amended in this
article.
new text end

Sec. 98. new text beginREPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, section 41B.046, subdivision
3, is repealed effective the day following final enactment.
new text end

new text begin (b) Minnesota Statutes 2004, sections 18B.065, subdivision
5; and 19.64, subdivision 4a, are repealed.
new text end

new text begin (c) Minnesota Statutes 2004, section 18H.02, subdivisions
15 and 19, are repealed.
new text end

new text begin (d) Minnesota Statutes 2004, section 17.983, subdivision 2,
is repealed.
new text end

new text begin (e) Minnesota Statutes 2004, section 35.0661, subdivision
4, is repealed.
new text end

new text begin (f) Minnesota Statutes 2004, sections 17.451; and 17.452,
subdivisions 6, 6a, 7, 10, 11, 12, 13, 13a, 14, 15, and 16, are
repealed.
new text end

ARTICLE 2

ENVIRONMENT AND NATURAL RESOURCES

Section 1. new text beginENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.
new text end

The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2006" and "2007," where used in this article, mean
that the appropriation or appropriations listed under them are
available for the fiscal year ending June 30, 2006, or June 30,
2007, respectively. The term "the first year" means the year
ending June 30, 2006, and the term "the second year" means the
year ending June 30, 2007.
SUMMARY BY FUND

2006 2007 TOTAL

General $ 113,313,000 $ 111,865,000 $ 225,178,000

State Government
Special Revenue 48,000 48,000 96,000

Environmental 56,031,000 56,338,000 112,369,000

Natural Resources 68,443,000 68,671,000 137,114,000

Game and Fish 86,928,000 87,773,000 174,701,000

Remediation 11,504,000 11,504,000 23,008,000

Permanent School 200,000 200,000 400,000

State Land and Water Conservation
Account (LAWCON) 1,600,000 -0- 1,600,000

Environment and Natural Resources
Trust Fund 18,829,000 18,829,000 37,658,000

Great Lakes Protection
Account 28,000 -0- 28,000

TOTAL $ 356,924,000 $ 355,228,000 $ 712,152,000

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2. POLLUTION CONTROL
AGENCY

Subdivision 1.

Total
Appropriation $ 78,836,000 $ 79,154,000

Summary by Fund

General 11,353,000 11,364,000

State Government
Special Revenue 48,000 48,000

Environmental 56,031,000 56,338,000

Remediation 11,404,000 11,404,000

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Water

25,428,000 25,439,000

Summary by Fund

General 7,506,000 7,517,000

State Government
Special Revenue 48,000 48,000

Environmental 17,874,000 17,874,000

$2,348,000 the first year and
$2,348,000 the second year are for the
clean water partnership program. Any
balance remaining in the first year
does not cancel and is available for
the second year. This appropriation
may be used for grants to local units
of government for the purpose of
restoring impaired waters listed under
section 303(d) of the federal Clean
Water Act in accordance with adopted
total maximum daily loads (TMDLs),
including implementation of approved
clean water partnership diagnostic
study work plans that will assist in
restoration of such impaired waters.

$335,000 the first year and $335,000
the second year are for community
technical assistance and education,
including grants and technical
assistance to communities for local and
basinwide water quality protection.

$405,000 the first year and $405,000
the second year are for individual
sewage treatment system (ISTS)
administration and grants. Of this
amount, $86,000 each year is for
assistance to counties through grants
for ISTS program administration. Any
unexpended balance in the first year
does not cancel but is available in the
second year.

$480,000 the first year and $480,000
the second year are from the
environmental fund to address the need
for continued increased activity in the
areas of new technology review,
technical assistance for local
governments, and enforcement under
Minnesota Statutes, sections 115.55 to
115.58, and to complete the
requirements of Laws 2003, chapter 128,
article 1, sections 164 and 165. Of
this amount, $48,000 each year is for
administration of individual septic
tank fees, as provided in Minnesota
Statutes, section 115.551.

$2,324,000 the first year and
$2,324,000 the second year must be
distributed as grants to delegated
counties to administer the county
feedlot program. Distribution of the
funds must be conducted according to
the following three-part formula:

(1) Number of feedlots in the county:
60 percent of the total appropriation
must be distributed according to the
number of feedlots that are required to
be registered in the county. Grants
awarded under this clause must be
matched with a combination of local
cash and in-kind contributions.

(2) Minimum program requirements: 25
percent of the total appropriation must
be distributed based on the county (i)
conducting an annual number of
inspections at feedlots that is equal
to or greater than seven percent of the
total number of registered feedlots
that are required to be registered in
the county; and (ii) meeting
noninspection minimum program
requirements as identified in the
county feedlot workplan form. Counties
that do not meet the inspection
requirement must not receive 50 percent
of the eligible funding under this
clause. Counties must receive funding
for noninspection requirements under
this clause according to a scoring
system checklist administered by the
department. The commissioner, in
consultation with the Minnesota
Association of County Feedlot Officers
executive team, shall make a final
decision regarding any appeal by a
county regarding the terms and
conditions of this clause.

(3) Performance credits: 15 percent of
the total appropriation must be
distributed according to work that has
been done by the counties during the
fiscal year. The amount must be
determined by the number of performance
credits a county accumulates during the
year based on a performance credit
matrix jointly agreed upon by the
commissioner in consultation with the
Minnesota Association of County Feedlot
Officers executive team. To receive an
award under this clause the county must
meet the requirements of clause (2)(i)
and achieve 90 percent of the
requirements according to clause
(2)(ii) of the formula. The rate of
reimbursement per performance credit
item must not exceed $200.

Delegated counties are eligible for a
minimum grant of $7,500. To receive
the full $7,500 amount a county must
meet the requirements under clause (2)
of the formula. Nondelegated counties
that apply for delegation shall receive
a grant prorated according to the
number of full quarters remaining in
the program year from the date of
commissioner approval of the
delegation. Funds for awards to any
newly delegated counties must be made
out of the appropriation reserved for
clause (3) of the formula. The
commissioner, in consultation with the
Minnesota Association of County Feedlot
Officers executive team, may decide to
use funds reserved for clause (3) of
the formula in an amount not to exceed
five percent of the total annual
appropriation for initiatives to
enhance existing delegated county
feedlot programs, information and
education, or technical assistance
efforts to reduce feedlot-related
pollution hazards. Any funds remaining
after distribution under clauses (1)
and (2) of the formula must be
transferred to clause (3) of the
formula. Any money remaining after the
first year is available for the second
year.

Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2007, for clean water
partnership, individual sewage
treatment systems (ISTS), Minnesota
River, total maximum daily loads
(TMDLs), and local and basinwide water
quality protection grants in this
subdivision are available until June
30, 2009.

Subd. 3.

Air

9,297,000 9,604,000

Summary by Fund

Environmental 9,297,000 9,604,000

Up to $150,000 the first year and
$150,000 the second year may be
transferred to the environmental fund
for the small business environmental
improvement loan program established in
Minnesota Statutes, section 116.993.

$200,000 the first year and $200,000
the second year are from the
environmental fund for a monitoring
program under Minnesota Statutes,
section 116.454.

$125,000 the first year and $125,000
the second year are from the
environmental fund for monitoring
ambient air for hazardous pollutants in
the metropolitan area.

Subd. 4.

Land

18,469,000 18,469,000

Summary by Fund

Environmental 7,065,000 7,065,000

Remediation 11,404,000 11,404,000

All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise
appropriated is appropriated to the
commissioners of the Pollution Control
Agency and the Department of
Agriculture for purposes of Minnesota
Statutes, section 115B.20, subdivision
2, clauses (1), (2), (3), (6), and
(7). At the beginning of each fiscal
year, the two commissioners shall
jointly submit an annual spending plan
to the commissioner of finance that
maximizes the utilization of resources
and appropriately allocates the money
between the two agencies. This
appropriation is available until June
30, 2007.

$3,616,000 the first year and
$3,616,000 the second year are from the
petroleum tank fund to be transferred
to the remediation fund for purposes of
the leaking underground storage tank
program to protect the land.

$200,000 the first year and $200,000
the second year are from the
remediation fund to be transferred to
the Department of Health for private
water supply monitoring and health
assessment costs in areas contaminated
by unpermitted mixed municipal solid
waste disposal facilities.

In fiscal years 2006 and 2007, of the
money appropriated from the remediation
fund under Minnesota Statutes, section
116.155, subdivision 2, at least
$2,000,000 must be used for cleanup at
Valentine Clark and Reserve Mining.

Subd. 5.

Multimedia

4,305,000 4,305,000

Summary by Fund

General 2,264,000 2,264,000

Environmental 2,041,000 2,041,000

Subd. 6.

Environmental Assistance

19,754,000 19,754,000

Summary by Fund

Environmental 19,754,000 19,754,000

$12,500,000 each year is from the
environmental fund for SCORE block
grants to counties.

Any unencumbered grant and loan
balances in the first year do not
cancel but are available for grants and
loans in the second year.

All money deposited in the
environmental fund for the metropolitan
solid waste landfill fee in accordance
with Minnesota Statutes, section
473.843, and not otherwise
appropriated, is appropriated for the
purposes of Minnesota Statutes, section
473.844.

$119,000 the first year and $119,000
the second year are for environmental
assistance grants or loans under
Minnesota Statutes, section 115A.0716.

Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2007, for environmental
assistance grants awarded under
Minnesota Statutes, section 115A.0716,
and for technical and research
assistance under Minnesota Statutes,
section 115A.152, technical assistance
under Minnesota Statutes, section
115A.52, and pollution prevention
assistance under Minnesota Statutes,
section 115D.04, are available until
June 30, 2009.

Subd. 7.

Administrative Support

1,583,000 1,583,000

Summary by Fund

General 1,583,000 1,583,000

By December 1, 2005, the commissioner
shall submit a report to the
Environment and Natural Resources
Policy and Finance Committees of the
house and senate that provides a
benchmarking matrix and analysis that
compares the environmental review and
permitting requirements for forest
products and mining industry projects
in Minnesota with requirements in other
states and countries. The matrix and
analysis must include an assessment of
whether the requirements in Minnesota
and other relevant states and countries
that have similar industries are more
strict, less strict, or equivalent to
requirements of the federal
Environmental Protection Agency and
requirements under the National
Environmental Policy Act.

The commissioner may transfer money
from the environmental fund to the
remediation fund as necessary for the
purposes of the remediation fund under
Minnesota Statutes, section 116.155,
subdivision 2.

Sec. 3. NATURAL RESOURCES

Subdivision 1.

Total
Appropriation 226,157,000 225,980,000

Summary by Fund

General 75,681,000 74,431,000

Natural Resources 63,248,000 63,476,000

Game and Fish 86,928,000 87,773,000

Remediation 100,000 100,000

Permanent School 200,000 200,000

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Land and Mineral Resources
Management

8,903,000 8,675,000

Summary by Fund

General 5,498,000 5,248,000

Natural Resources 2,222,000 2,222,000

Game and Fish 983,000 1,005,000

Permanent School 200,000 200,000

$275,000 the first year and $275,000
the second year are for iron ore
cooperative research, of which $137,500
the first year and $137,500 the second
year are available only as matched by
$1 of nonstate money for each $1 of
state money. The match may be cash or
in-kind.

$86,000 the first year and $86,000 the
second year are for minerals
cooperative environmental research, of
which $43,000 the first year and
$43,000 the second year are available
only as matched by $1 of nonstate money
for each $1 of state money. The match
may be cash or in-kind.

$2,046,000 the first year and
$2,046,000 the second year are from the
minerals management account in the
natural resources fund for only the
purposes specified in new Minnesota
Statutes, section 93.2236, paragraph
(c). Of this amount, $1,526,000 the
first year and $1,526,000 the second
year are for mineral resource
management, $420,000 the first year and
$420,000 the second year are for
projects to enhance future income and
promote new opportunities, including
value-added iron products, geological
mapping, and mercury research, and
$100,000 the first year and $100,000
the second year are for environmental
review and the processing of permits
for mining projects that involve
state-owned mineral rights. The
appropriation is from the revenue
deposited in the minerals management
account under Minnesota Statutes,
section 93.22, subdivision 1, paragraph
(b). $100,000 each year is a onetime
appropriation.

$150,000 the first year and $150,000
the second year are from the state
forest suspense account in the
permanent school fund to accelerate
land exchanges, land sales, and
commercial leasing of school trust
lands. This appropriation is to be
used toward meeting the provisions of
Minnesota Statutes, section 92.121, to
exchange school trust lands or put
alternatives in effect when management
practices have diminished or prohibited
revenue generation, and the direction
of Minnesota Statutes, section 127A.31,
to secure maximum long-term economic
return from the school trust lands
consistent with fiduciary
responsibilities and sound natural
resources conservation and management
principles.

$50,000 the first year and $50,000 the
second year are from the state forest
suspense account in the permanent
school fund to identify, evaluate, and
lease construction aggregate located on
school trust lands.

$250,000 the first year is for a grant
to the Board of Regents of the
University of Minnesota to drill a
5,000 foot core sampling bore hole at
the Tower-Soudan mine complex in
support of a National Science
Foundation grant. This is a onetime
appropriation

Subd. 3.

Water Resources Management

11,092,000 11,092,000

Summary by Fund

General 10,812,000 10,812,000

Natural Resources 280,000 280,000

$210,000 the first year and $210,000
the second year are for grants
associated with the implementation of
the Red River mediation agreement.

$65,000 the first year and $65,000 the
second year are for a grant to the
Mississippi Headwaters Board for up to
50 percent of the cost of implementing
the comprehensive plan for the upper
Mississippi within areas under its
jurisdiction.

$5,000 the first year and $5,000 the
second year are for payment to the
Leech Lake Band of Chippewa Indians to
implement its portion of the
comprehensive plan for the upper
Mississippi.

$125,000 the first year and $125,000
the second year are for the
construction of ring dikes under
Minnesota Statutes, section 103F.161.
The ring dikes may be publicly or
privately owned. Any unencumbered
balance does not cancel at the end of
the first year and is available for the
second year.

Subd. 4.

Forest Management

35,526,000 35,126,000

Summary by Fund

General 24,961,000 24,561,000

Natural Resources 10,315,000 10,315,000

Game and Fish 250,000 250,000

$7,217,000 the first year and
$7,217,000 the second year are for
prevention, presuppression, and
suppression costs of emergency
firefighting and other costs incurred
under Minnesota Statutes, section
88.12. If the appropriation for either
year is insufficient to cover all costs
of presuppression and suppression, the
amount necessary to pay for these costs
during the biennium is appropriated
from the general fund. By November 15
of each year, the commissioner of
natural resources shall submit a report
to the chairs of the house of
representatives Ways and Means
Committee, the senate Finance
Committee, the Environment and
Agriculture Budget Division of the
senate Finance Committee, and the house
of representatives Agriculture,
Environment and Natural Resources
Finance Committee, identifying all
firefighting costs incurred and
reimbursements received in the prior
fiscal year. These appropriations may
not be transferred. Any reimbursement
of firefighting expenditures made to
the commissioner from any source other
than federal mobilizations shall be
deposited into the general fund.

$10,315,000 the first year and
$10,315,000 the second year are from
the forest management investment
account in the natural resources fund
for only the purposes specified in
Minnesota Statutes, section 89.039,
subdivision 2.

$730,000 the first year and $730,000
the second year are for the Forest
Resources Council for implementation of
the Sustainable Forest Resources Act.

$350,000 the first year and $350,000
the second year are for the FORIST
Timber Management Information System
and for increased forestry management.
The amount in the second year is also
available in the first year.

$250,000 the first year and $250,000
the second year are from the game and
fish fund to implement Ecological
Classification Systems (ECS) standards
on forested landscapes. This
appropriation is from revenue deposited
in the game and fish fund under
Minnesota Statutes, section 297A.94,
paragraph (e), clause (1).

$400,000 the first year is for grants
to the Natural Resources Research
Institute for silvicultural research to
improve the quality and quantity of
timber fiber. The appropriation must
be matched in the amount of $400,000,
in cash or in-kind contributions, from
the forest products industry members of
the Minnesota Forest Productivity
Research Cooperative. This is a
onetime appropriation.

Subd. 5.

Parks and Recreation
Management

33,001,000 33,161,000

Summary by Fund

General 19,279,000 19,279,000

Natural Resources 13,722,000 13,882,000

$640,000 the first year and $640,000
the second year are from the water
recreation account in the natural
resources fund for state park water
access projects.

$3,811,000 the first year and
$3,971,000 the second year are from the
natural resources fund for state park
and recreation area operations. This
appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (2).

Subd. 6.

Trails and Waterways
Management

26,971,000 26,660,000

Summary by Fund

General 1,684,000 1,284,000

Natural Resources 23,196,000 23,289,000

Game and Fish 2,091,000 2,087,000

$7,224,000 the first year and
$7,224,000 the second year are from the
snowmobile trails and enforcement
account in the natural resources fund
for snowmobile grants-in-aid. The
additional money under this item may be
used for new grant-in-aid trails. Any
unencumbered balance does not cancel at
the end of the first year and is
available for the second year.

$925,000 the first year and $825,000
the second year are from the natural
resources fund for off-highway vehicle
grants-in-aid. Of this amount,
$575,000 each year is from the
all-terrain vehicle account; $150,000
each year is from the off-highway
motorcycle account; and $200,000 the
first year and $100,000 the second year
are from the off-road vehicle account.
Any unencumbered balance does not
cancel at the end of the first year and
is available for the second year.

$261,000 the first year and $261,000
the second year are from the water
recreation account in the natural
resources fund for a safe harbor
program on Lake Superior.

$742,000 the first year and $760,000
the second year are from the natural
resources fund for state trail
operations. This appropriation is from
the revenue deposited in the natural
resources fund under Minnesota
Statutes, section 297A.94, paragraph
(e), clause (2).

$655,000 the first year and $655,000
the second year are from the natural
resources fund for trail grants to
local units of government on land to be
maintained for at least 20 years for
the purposes of the grant. This
appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (4).

By June 30, 2007, the department shall
establish a boat launch and ramp at
Horseshoe Bay in Cook County, and
rehabilitate the historic fishing pier
on Dower Lake in Todd County.

$1,600,000 the first year and
$1,900,000 the second year are from the
water recreation account in the natural
resources fund for the acquisition,
development, maintenance, and
rehabilitation of existing sites for
public access and boating facilities on
public waters. This money is from the
watercraft license fee increases in
this act.

$100,000 the first year is for a grant
to the Duluth Port Authority to
determine the cause of freshwater
corrosion of harbor sheet piling,
provided these state funds are matched
on a dollar-for-dollar basis by
nonstate funds. This is a onetime
appropriation.

$300,000 is for a grant to the St.
Louis and Lake Counties Regional
Railroad Authority to complete
constructing, furnishing, and equipping
Mesabi Station along the 132-mile
recreational trail known as Mesabi
Trail and located at the intersection
of U.S. Highway 53 and marked Trunk
Highway 37. This appropriation is
dependent upon a matching contribution
of $800,000 from other sources, public
or private. This is a onetime
appropriation.

$75,000 the first year is from the
all-terrain vehicle account in the
natural resources fund for a study to
determine the amount of gasoline used
each year by all-terrain vehicle riders
in the state, except for riders with
vehicles registered for private use.
The commissioners of natural resources,
revenue, and transportation shall
jointly determine the amount of
unrefunded gasoline tax attributable to
all-terrain vehicle use in the state
and shall report to the legislature by
March 1, 2006, with an appropriate
proposed revision to Minnesota
Statutes, section 296A.18.

$50,000 is appropriated from the
all-terrain vehicle account in the
natural resources fund to the
commissioner of natural resources for
fiscal year 2006 for a feasibility
study on the use of all-terrain
vehicles on the North Shore Trail. All
data and information compiled for this
study may be used in any future master
trail plan revision. The study shall
be reported back to the house and
senate environment committee chairs by
March 1, 2006.

The appropriation in Laws 2003, chapter
128, article 1, section 5, subdivision
6, from the water recreation account in
the natural resources fund for a
cooperative project with the United
States Army Corps of Engineers to
develop the Mississippi Whitewater Park
is available until June 30, 2007.

By February 15, 2006, the commissioner
shall report to the senate Environment,
Agriculture and Economic Development
Budget Division and the house
Environment, Natural Resources, and
Agriculture Finance Committees on the
management and operational
responsibilities for the Mississippi
Whitewater Park authorized by Minnesota
Statutes, section 85.0156. The report
shall identify who the potential
operators, owners, and managers of the
park will be as well as related issues.

Subd. 7.

Fish and Wildlife Management

62,688,000 62,866,000

Summary by Fund

General 2,166,000 1,966,000

Natural Resources 1,740,000 1,740,000

Game and Fish 58,782,000 59,160,000

$407,000 the first year and $412,000
the second year are for resource
population surveys in the 1837 treaty
area. Of this amount, $265,000 the
first year and $270,000 the second year
are from the game and fish fund.

$3,013,000 the first year and
$3,013,000 the second year are from the
wildlife acquisition surcharge account
for only the purposes specified in
Minnesota Statutes, section 97A.071,
subdivision 2a. This appropriation is
available until spent.

$7,233,000 the first year and
$7,233,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1).

Notwithstanding Minnesota Statutes,
section 84.943, $13,000 the first year
and $13,000 the second year from the
critical habitat private sector
matching account may be used to
publicize the critical habitat license
plate match program.

Notwithstanding Minnesota Statutes,
section 297A.94, this appropriation may
be used for hunter recruitment and
retention and public land user
facilities.

$1,030,000 the first year and $880,000
the second year are from the trout and
salmon management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
3.

$1,411,000 the first year and
$1,411,000 the second year are from the
deer habitat improvement account for
only the purposes specified in
Minnesota Statutes, section 97A.075,
subdivision 1, paragraph (b).

$397,000 the first year and $397,000
the second year are from the deer and
bear management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
1, paragraph (c).

$851,000 the first year and $851,000
the second year are from the waterfowl
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
2.

$890,000 the first year and $890,000
the second year are from the pheasant
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
4.

$142,000 the first year and $142,000
the second year are from the wild
turkey management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
5. Of this amount, $8,000 the first
year and $8,000 the second year are
appropriated from the game and fish
fund for transfer to the wild turkey
management account for purposes
specified in Minnesota Statutes,
section 97A.075, subdivision 5.

$200,000 the first year is for
coordination and implementation of the
roadsides for wildlife program,
including roadside wildlife management
training for road managers and adjacent
landowners, development of local
partnerships to maximize roadside
habitat benefits, identification and
cataloguing of existing and needed
technical resources, and development of
a steering group to monitor the
progress of the program and identify
and resolve issues of concern for
wildlife management in roadsides. This
is a onetime appropriation.

Notwithstanding Minnesota Statutes,
section 297A.94, paragraph (e), clause
(1), $325,000 is from the revenue
deposited to the game and fish fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (1), for
a grant to "Let's Go Fishing" of
Minnesota to promote opportunities for
fishing. The grant recipient must
report back to the commissioner by
February 1, 2006, on the use and
results of the appropriation. This is
a onetime appropriation.

Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2007, for aquatic restoration
grants and wildlife habitat grants are
available until June 30, 2008.

Subd. 8.

Ecological Services

10,196,000 10,235,000

Summary by Fund

General 3,275,000 3,275,000

Natural Resources 3,215,000 3,215,000

Game and Fish 3,706,000 3,745,000

$1,128,000 the first year and
$1,128,000 the second year are from the
nongame wildlife management account in
the natural resources fund for the
purpose of nongame wildlife management.

Notwithstanding Minnesota Statutes,
section 290.431, $100,000 the first
year and $100,000 the second year may
be used for nongame information,
education, and promotion.

$477,000 the first year and $477,000
the second year are for the reinvest in
Minnesota programs of game and fish,
critical habitat, and wetlands
established under Minnesota Statutes,
section 84.95, subdivision 2.

$1,588,000 the first year and
$1,588,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1).

Subd. 9.

Enforcement

28,492,000 28,817,000

Summary by Fund

General 3,106,000 3,106,000

Natural Resources 6,963,000 6,938,000

Game and Fish 18,323,000 18,673,000

Remediation 100,000 100,000

$1,082,000 the first year and
$1,082,000 the second year are from the
water recreation account in the natural
resources fund for grants to counties
for boat and water safety.

$100,000 the first year and $100,000
the second year are from the
remediation fund for solid waste
enforcement activities under Minnesota
Statutes, section 116.073.

$315,000 the first year and $315,000
the second year are from the snowmobile
trails and enforcement account in the
natural resources fund for grants to
local law enforcement agencies for
snowmobile enforcement activities.

The unexpended balance of money from
Laws 1999, chapter 231, section 5,
subdivision 6, must be credited to the
snowmobile trails and enforcement
account and the appropriation for the
repair of public trails damaged by
snowmobiles shall be canceled.

$1,164,000 the first year and
$1,164,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1).

Overtime must be distributed to
conservation officers at historical
levels; however, a reasonable reduction
or addition may be made to the
officer's allocation, if justified,
based on an individual officer's
workload. If funding for enforcement
is reduced because of an unallotment,
the overtime bank may be reduced in
proportion to reductions made in other
areas of the budget.

$225,000 the first year and $225,000
the second year are from the natural
resources fund for grants to county law
enforcement agencies for off-highway
vehicle enforcement and public
education activities based on
off-highway vehicle use in the county.
Of this amount, $213,000 each year is
from the all-terrain vehicle account;
$11,000 each year is from the
off-highway motorcycle account; and
$1,000 each year is from the off-road
vehicle account. The county
enforcement agencies may use money
received under this appropriation to
make grants to other local enforcement
agencies within the county that have a
high concentration of off-highway
vehicle use. Of this appropriation,
$25,000 each year is for administration
of these grants.

$15,000 the first year is from the
off-highway motorcycle account in the
natural resources fund to produce an
interactive CD-ROM training tool for
the off-highway motorcycle education
and training program under Minnesota
Statutes, section 84.791.

$15,000 the first year and $5,000 the
second year are from the off-road
vehicle account in the natural
resources fund to establish the
off-road vehicle environment and safety
education and training program under
Minnesota Statutes, section 84.8015.

Subd. 10.

Operations Support

9,288,000 9,348,000

Summary by Fund

General 4,900,000 4,900,000

Natural Resources 1,595,000 1,595,000

Game and Fish 2,793,000 2,853,000

$270,000 the first year and $270,000
the second year are from the natural
resources fund for grants to be divided
equally between the city of St. Paul
for the Como Zoo and Conservatory and
the city of Duluth Zoo. This
appropriation is from the revenue
deposited to the fund under Minnesota
Statutes, section 297A.94, paragraph
(e), clause (5).

Sec. 4. MINNESOTA
CONSERVATION CORPS 840,000 840,000

Summary by Fund

General 350,000 350,000

Natural Resources 490,000 490,000

The Minnesota Conservation Corps may
receive money appropriated from the
natural resources fund under this
section only as provided in an
agreement with the commissioner of
natural resources.

Sec. 5. BOARD OF WATER
AND SOIL RESOURCES 15,440,000 15,231,000

$4,102,000 the first year and
$4,102,000 the second year are for
natural resources block grants to local
governments.

The board may reduce the amount of the
natural resources block grant to a
county by an amount equal to any
reduction in the county's general
services allocation to a soil and water
conservation district from the county's
previous year allocation when the board
determines that the reduction was
disproportionate.

Grants must be matched with a
combination of local cash or in-kind
contributions. The base grant portion
related to water planning must be
matched by an amount that would be
raised by a levy under Minnesota
Statutes, section 103B.3369.

$3,566,000 the first year and
$3,566,000 the second year are for
grants to soil and water conservation
districts for general purposes,
nonpoint engineering, and
implementation of the reinvest in
Minnesota conservation reserve
program. Upon approval of the board,
expenditures may be made from these
appropriations for supplies and
services benefiting soil and water
conservation districts.

$3,285,000 the first year and
$3,285,000 the second year are for
grants to soil and water conservation
districts for cost-sharing contracts
for erosion control and water quality
management. For base grant allocations
made prior to January 1, 2007, up to
100 percent of this appropriation may
be used for technical assistance. Of
this amount, at least $1,500,000 the
first year and $1,500,000 the second
year are for grants for cost-sharing
contracts for water quality management
on feedlots.

Any balance in the board's cost share
program that remains from the fiscal
year 2005 appropriation is available in
an amount of up to $15,000 for a grant
to the Mower County Soil and Water
Conservation District to create a small
pond demonstration project in the Cedar
River Watershed for purposes of water
retention and flood control. The Mower
County Soil and Water Conservation
District must seek other sources of
funding, including federal and private
sources, to ensure that the
demonstration project is educational
and complete.

$100,000 the first year and $100,000
the second year are for a grant to the
Red River Basin Commission to develop a
Red River basin plan and to coordinate
water management activities in the
states and provinces bordering the Red
River. The unencumbered balance in the
first year does not cancel but is
available for the second year.

$105,000 the first year and $105,000
the second year are for a grant to Area
II, Minnesota River Basin Projects,
Inc., for floodplain management,
including administration of programs.
If the appropriation in either year is
insufficient, the appropriation in the
other year is available for it.

$109,000 the first year is for an
implementation assessment of public
drainage system buffers and their use,
maintenance, and benefits. The
assessment must be done in consultation
with farm groups, watershed districts,
soil and water conservation districts,
counties, and conservation
organizations, as well as federal
agencies implementing voluntary buffer
programs. The board shall report the
results to the senate and house of
representatives committees with
jurisdiction over drainage systems by
January 15, 2006. This is a onetime
appropriation.

$100,000 the first year is for beaver
damage control grants under new
Minnesota Statutes, section 103F.950.
This is a onetime appropriation.

The appropriations for grants in this
section are available until expended.
If an appropriation for grants in
either year is insufficient, the
appropriation in the other year is
available for it.

Sec. 6. ZOOLOGICAL BOARD 6,574,000 6,574,000

Summary by Fund

General 6,439,000 6,439,000

Natural Resources 135,000 135,000

$135,000 the first year and $135,000
the second year are from the natural
resources fund from the revenue
deposited under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(5). This is a onetime appropriation.

Sec. 7.

SCIENCE MUSEUM
OF MINNESOTA 750,000 750,000

Sec. 8. METROPOLITAN COUNCIL 7,870,000 7,870,000

Summary by Fund

General 3,300,000 3,300,000

Natural Resources 4,570,000 4,570,000

$3,300,000 the first year and
$3,300,000 the second year are for
metropolitan area regional parks
maintenance and operations.

$4,570,000 the first year and
$4,570,000 the second year are from the
natural resources fund for metropolitan
area regional parks and trails
maintenance and operations. This
appropriation is from the revenue
deposited in the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (3).

Sec. 9. FUND TRANSFER

By June 30, 2007, the commissioner of
the Pollution Control Agency shall
transfer $1,459,000 from the
environmental fund to the commissioner
of finance for cancellation to the
general fund.

Sec. 10. MINNESOTA FUTURE
RESOURCES FUND

By June 30, 2006, and by June 30, 2007,
the commissioner of finance shall
transfer any remaining unappropriated
balance from the Minnesota future
resources fund to the general fund.

Sec. 11. MINNESOTA RESOURCES

Subdivision 1.

Total
Appropriation
20,457,000 18,829,000

Summary by Fund

State Land and Water Conservation
Account (LAWCON) 1,600,000 -0-

Environment and Natural Resources
Trust Fund 18,829,000 18,829,000

Great Lakes Protection
Account 28,000 -0-

Appropriations from the LAWCON account
and Great Lakes protection account are
available for either year of the
biennium.

For appropriations from the environment
and natural resources trust fund, any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium. Unless otherwise provided,
the amounts in this section are
available until June 30, 2007, when
projects must be completed and final
products delivered.

Subd. 2. Definitions

(a) "State land and water conservation
account (LAWCON)" means the state land
and water conservation account in the
natural resources fund referred to in
Minnesota Statutes, section 116P.14.

(b) "Great Lakes protection account"
means the Great Lakes protection
account referred to in Minnesota
Statutes, section 116Q.02, subdivision
1.

(c) "Trust fund" means the Minnesota
environment and natural resources trust
fund referred to in Minnesota Statutes,
section 116P.02, subdivision 6.

Subd. 3.

Administration 524,000 525,000

Summary by Fund

Trust Fund 524,000 525,000

(a) Legislative Commission on Minnesota Resources

$449,000 the first year and $450,000
the second year are from the trust fund
for administration as provided in
Minnesota Statutes, section 116P.09,
subdivision 5.

(b) Contract Administration

$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of natural resources
for contract administration activities
assigned to the commissioner in this
section. This appropriation is
available until June 30, 2008.

Subd. 4.

Citizen Advisory Committee 10,000 10,000

Summary by Fund

Trust Fund 10,000 10,000

$10,000 the first year and $10,000 the
second year are from the trust fund to
the Legislative Commission on Minnesota
Resources for expenses of the citizen
advisory committee as provided in
Minnesota Statutes, section 116P.06.
Notwithstanding Minnesota Statutes,
section 16A.281, the availability of
$15,000 of the appropriation from Laws
2003, chapter 128, article 1, section
9, subdivision 4, advisory committee,
is extended to June 30, 2007.

Subd. 5.

Fish and Wildlife Habitat 5,038,000 5,038,000

Summary by Fund

Trust Fund 5,038,000 5,038,000

(a) Restoring Minnesota's Fish and Wildlife
Habitat Corridors-Phase III

$2,031,000 the first year and
$2,031,000 the second year are from the
trust fund to the commissioner of
natural resources for the third
biennium for acceleration of agency
programs and cooperative agreements
with Pheasants Forever, Minnesota Deer
Hunters Association, Ducks Unlimited,
Inc., National Wild Turkey Federation,
the Nature Conservancy, Minnesota Land
Trust, the Trust for Public Land,
Minnesota Valley National Wildlife
Refuge Trust, Inc., U.S. Fish and
Wildlife Service, Red Lake Band of
Chippewa, Leech Lake Band of Chippewa,
Fond du Lac Band of Chippewa,
USDA-Natural Resources Conservation
Service, and the Board of Water and
Soil Resources to plan, restore, and
acquire fragmented landscape corridors
that connect areas of quality habitat
to sustain fish, wildlife, and plants.
Expenditures are limited to the 11
project areas as defined in the work
program. Land acquired with this
appropriation must be sufficiently
improved to meet at least minimum
habitat and facility management
standards as determined by the
commissioner of natural resources.
This appropriation may not be used for
the purchase of residential structures,
unless expressly approved in the work
program. Any land acquired in fee
title by the commissioner of natural
resources with money from this
appropriation must be designated: (1)
as an outdoor recreation unit under
Minnesota Statutes, section 86A.07; or
(2) as provided in Minnesota Statutes,
sections 89.018, subdivision 2,
paragraph (a); 97A.101; 97A.125;
97C.001; and 97C.011. The commissioner
may similarly designate any lands
acquired in less than fee title. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

(b) Metropolitan Area Wildlife
Corridors-Phase II

$1,765,000 the first year and
$1,765,000 the second year are from the
trust fund to the commissioner of
natural resources for the second
biennium for acceleration of agency
programs and cooperative agreements
with the Trust for Public Land, Ducks
Unlimited, Inc., Friends of the
Mississippi River, Great River
Greening, Minnesota Land Trust,
Minnesota Valley National Wildlife
Refuge Trust, Inc., Pheasants Forever,
Inc., and Friends of the Minnesota
Valley for the purposes of planning,
improving, and protecting important
natural areas in the metropolitan
region, as defined by Minnesota
Statutes, section 473.121, subdivision
2, and portions of the surrounding
counties, through grants, contracted
services, conservation easements, and
fee acquisition. Land acquired with
this appropriation must be sufficiently
improved to meet at least minimum
management standards as determined by
the commissioner of natural resources.
Expenditures are limited to the
identified project areas as defined in
the work program. This appropriation
may not be used for the purchase of
residential structures, unless
expressly approved in the work
program. Any land acquired in fee
title by the commissioner of natural
resources with money from this
appropriation must be designated: (1)
as an outdoor recreation unit under
Minnesota Statutes, section 86A.07; or
(2) as provided in Minnesota Statutes,
sections 89.018, subdivision 2,
paragraph (a); 97A.101; 97A.125;
97C.001; and 97C.011. The commissioner
may similarly designate any lands
acquired in less than fee title. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

$67,000 the first year and $67,000 the
second year are from the trust fund to
the commissioner of natural resources
to develop and enhance lands designated
as scientific and natural areas. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

(d) Prairie Stewardship of Private Lands

$50,000 the first year and $50,000 the
second year are from the trust fund to
the commissioner of natural resources
to develop stewardship plans and
implement prairie management on private
prairie lands on a cost-share basis
with private or federal funds. This
appropriation is available until June
30, 2008, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.

(e) Local Initiative Grants-Conservation
Partners and Environmental Partnerships

$250,000 the first year and $250,000
the second year are from the trust fund
to the commissioner of natural
resources to provide matching grants of
up to $20,000 to local government and
private organizations for enhancement,
restoration, research, and education
associated with natural habitat and
environmental service projects.
Subdivision 16 applies to grants
awarded in the approved work program.
This appropriation is available until
June 30, 2008, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.

(f) Minnesota ReLeaf Community Forest
Development and Protection

$250,000 the first year and $250,000
the second year are from the trust fund
to the commissioner of natural
resources for acceleration of the
agency program and a cooperative
agreement with Tree Trust to protect
forest resources, develop
inventory-based management plans, and
provide matching grants to communities
to plant native trees. At least
$390,000 of this appropriation must be
used for grants to communities. For
the purposes of this paragraph, the
match must be a nonstate contribution,
but may be either cash or qualifying
in-kind. This appropriation is
available until June 30, 2008, at which
time the project must be completed and
final projects delivered, unless an
earlier date is specified in the work
program.

(g) Integrated and Pheromonal Control of
Common Carp

$275,000 the first year and $275,000
the second year are from the trust fund
to the University of Minnesota for the
second biennium to research new options
for controlling common carp. This
appropriation is available unti

SF 69

Bill Text Versions

Current Version - 2nd Engrossment

ARTICLE 1

AGRICULTURE AND RURAL DEVELOPMENT

Section 1. new text beginAGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.new text end

Sec. 2. DEPARTMENT OF AGRICULTURE

Subdivision 1.

Subd. 2.

Subd. 3.

Subd. 4.

Subd. 5.

Sec. 3. BOARD OF ANIMAL HEALTH 3,259,000 3,261,000

Sec. 4.

Sec. 5. FUND TRANSFER

Sec. 6.

new text begin [16C.137] MINIMIZING ENERGY USE; RENEWABLE FUELS. new text end

new text begin Subdivision 1. new text end

new text begin Goals and actions. new text end

new text begin Subd. 2. new text end

new text begin Smartfleet committee. new text end

new text begin Subd. 3.new text end

new text beginExclusion.new text end

new text begin EFFECTIVE DATE. new text end

Sec. 7.

Subd. 13.

Semiannual reports.

Sec. 8.

new text begin Subd. 5b. new text end

new text begin Application fee. new text end

Sec. 9.

Subd. 11.

Loans issued to borrower.

Sec. 10.

new text begin Subd. 5a. new text end

new text begin Other applicable definitions. new text end

Sec. 11.

Subdivision 1.

Criminal penalties.

Sec. 12.

Subdivision 1.

Administrative penalties; citation.

Sec. 13.

Subd. 3.

Contested case.

Sec. 14.

Subdivision 1.

Commissioner's powers.

Sec. 15.

Subdivision 1.

Establishment.

Sec. 16.

Subd. 4.

Application fee.

Sec. 17.

Subd. 3.

Application fee.

Sec. 18.

Subd. 5.

Application fee.

Sec. 19.

Subd. 6.

Fees.

Sec. 20.

Subd. 6.

Fees.

Sec. 21.

Subd. 7.

Application fees.

Sec. 22.

Subd. 5.

Fees.

Sec. 23.

Subdivision 1.

Program establishment.

Sec. 24.

Subd. 3.

Analyses reporting standards.

Sec. 25.

Subd. 5.

Section 1. new text beginAGRICULTURE AND RURAL DEVELOPMENT
APPROPRIATIONS.
new text end

Sec. 3. BOARD OF ANIMAL
HEALTH 3,259,000 3,261,000

new text begin [16C.137] MINIMIZING ENERGY USE; RENEWABLE
FUELS.
new text end

deleted text beginplant protection inspections,deleted text endnew text beginsupplemental,
additional, or other new text endcertificatesdeleted text begin,deleted text endnew text beginand new text endpermitsdeleted text begin, and feesdeleted text end.

Removal of diseased or deleted text begininfested deleted text endnew text beginpest-infested
new text end trees.