Office of the Revisor of Statutes
Minnesota Session Laws - 1993, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 172-S.F.No. 1570
An act relating to the organization and operation of
state government; appropriating money for
environmental, natural resource, and agricultural
purposes; transferring responsibilities to the
commissioner of natural resources; continuing the
citizen's council on Voyageurs national park;
establishing the Cuyuna country state recreation area;
modifying provisions relating to timber sales;
providing for crop protection assistance; establishing
a grant program to determine how to manage motor
vehicle shredder residue; imposing a solid waste
assessment; modifying the hazardous waste generator
tax; establishing a hazardous waste generator loan
program; expanding the number of facilities subject to
pollution prevention requirements; requiring reports
relating to toxic air contaminants; amending Minnesota
Statutes 1992, sections 17.59, subdivision 5; 17A.11;
18B.05, subdivision 2; 18C.131; 21.115; 21.92; 25.39,
subdivision 4; 27.07, subdivision 6; 32.394,
subdivision 9; 41A.09, subdivisions 1 and 3; 84.027,
by adding a subdivision; 84B.11, subdivision 1;
85.045, subdivision 2; 85.22, subdivision 2a; 86A.04;
86A.05, subdivisions 2 and 3; 86A.08, subdivision 1;
88.79, subdivision 2; 90.031, subdivision 4; 90.041,
by adding a subdivision; 90.101, subdivision 1;
90.121; 90.201, by adding a subdivision; 92.46,
subdivision 1; 94.165; 97A.055, subdivision 1, and by
adding a subdivision; 97A.071, subdivision 2; 97A.075,
subdivision 1; 97A.441, by adding a subdivision;
97A.475, subdivision 12; 97C.355, subdivision 2;
115A.90, by adding a subdivision; 115A.908,
subdivisions 2 and 3; 115A.96, subdivisions 3 and 4;
115B.22, by adding subdivisions; 115B.24, subdivision
6; 115B.42, subdivision 2; 115D.07, subdivision 1;
115D.10; 115D.12, subdivision 2; 116.07, by adding a
subdivision; 116J.401; 116P.10; 297A.45, by adding a
subdivision; 299K.08, by adding subdivisions; and
473.351, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapters 85; 97A; 115A; 115B;
and 115D; repealing Minnesota Statutes 1992, sections
115B.21; 115B.22; 115B.23; 115B.24; and 116J.406.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [ENVIRONMENT AND NATURAL RESOURCES; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1993," "1994," and "1995," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1993, June 30, 1994, or
June 30, 1995, respectively.
SUMMARY BY FUND
1994 1995 TOTAL
General $ $147,433,000 $143,836,000 $291,269,000
Environmental 29,568,000 30,028,000 59,596,000
Metro Landfill
Contingency Trust 797,000 797,000 1,594,000
Special Revenue 10,316,000 10,351,000 20,667,000
Natural Resources 18,066,000 17,547,000 35,613,000
Game and Fish 52,110,000 53,201,000 105,311,000
Permanent School
Trust 374,000 104,000 478,000
Minnesota Resources 14,662,000 14,662,000
Environmental Trust 24,600,000 24,600,000
Oil Overcharge 2,012,000 2,012,000
TOTAL 299,938,000 255,864,000 555,802,000
APPROPRIATIONS
Available for the Year
Ending June 30
1994 1995
Sec. 2. POLLUTION CONTROL
AGENCY
Subdivision 1. Total
Appropriation 38,888,000 37,140,000
Summary by Fund
General 9,230,000 6,822,000
Environmental 28,006,000 28,666,000
Metro Landfill
Contingency 797,000 797,000
Special Revenue 855,000 855,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Water Pollution Control
7,865,000 5,418,000
Summary by Fund
General 5,873,000 3,426,000
Environmental 1,992,000 1,992,000
$1,946,000 the first year is for grants
to local units of government for the
clean water partnership program. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium.
$500,000 the first year is appropriated
for Minnesota's contribution to the
Great Lakes Protection Fund. This is
the final payment of a $1,500,000
obligation. * (The preceding paragraph
beginning "$500,000" was vetoed by the
governor.)
General fund money appropriated for the
nonpoint source pollution Minnesota
River project must be matched by
federal dollars.
Subd. 3. Air Pollution Control
6,222,000 6,398,000
Summary by Fund
Environmental 5,367,000 5,543,000
Special Revenue 855,000 855,000
Subd. 4. Groundwater and Solid Waste
Pollution Control
13,137,000 13,329,000
Summary by Fund
Environmental 12,348,000 12,540,000
Metro Landfill
Contingency 789,000 789,000
All money in the environmental
response, compensation, and compliance
account in the environmental 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), (4), (11),
(12), and (13). 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, 1995.
$3,800,000 the first year and
$4,000,000 the second year is from the
landfill cleanup account in the
environmental fund for the purposes
specified in Minnesota Statutes,
section 115B.42. This appropriation
may be used for staff costs related to
response actions at landfills under
Minnesota Statutes, chapter 115B.
All money in the metropolitan landfill
abatement account in the environmental
fund not otherwise appropriated is
appropriated to the pollution control
agency for payment to the metropolitan
council and may be used by the council
for the purposes of Minnesota Statutes,
section 473.844. The council shall
report to the legislative commission on
waste management its budget and work
program for spending this appropriation.
The commissioner of the pollution
control agency shall evaluate the
feasibility of using a 900 telephone
number as a means of ensuring that the
agency recovers its costs for the
property transfer program under
Minnesota Statutes, section 115B.17,
subdivision 14.
Any unencumbered balance from the
metropolitan landfill contingency
action trust fund remaining in the
first year does not cancel but is
available for the second year.
Subd. 5. Hazardous Waste Pollution
Control
4,988,000 5,027,000
Summary by Fund
General 1,595,000 1,634,000
Environmental 3,393,000 3,393,000
$250,000 the first year and $250,000
the second year is from the
environmental fund for the purposes of
the hazardous waste generator loan
program established in section 115B.223.
The commissioner of the pollution
control agency shall evaluate the
feasibility of using a 900 telephone
number as a means of ensuring that the
agency recovers its costs of providing
assistance under Minnesota Statutes,
section 115C.03, subdivision 9.
Subd. 6. Regional Support
52,000 52,000
This appropriation is from the
environmental fund.
Subd. 7. General Support
6,624,000 6,916,000
Summary by Fund
General 1,762,000 1,762,000
Environmental 4,854,000 5,146,000
Metro Landfill
Contingency 8,000 8,000
(a) The following amounts are
appropriated for Phase I of an
environmental computer compliance
management system:
General 400,000 400,000
Environmental 1,309,000 1,599,000
From the environmental fund, $381,000
the first year and $420,000 the second
year are appropriated from the agency's
indirect cost account; $350,000 the
first year is appropriated from the
balance in the hazardous waste fee
account; $200,000 the first year is
appropriated from the balance in the
low level radiation fee account;
$790,000 the second year is
appropriated from the unexpended
balance in the motor vehicle transfer
fee account; and $378,000 the first
year and $389,000 are appropriated
proportionately from all salary
accounts in the environmental fund.
The project must be coordinated to
access department of natural resources
computer information. The commissioner
must report on the project to the house
ways and means and senate finance
committee by July 1, 1995.
(b) $150,000 is appropriated in each of
fiscal years 1994 and 1995 to the
commissioner of the pollution control
agency from the motor vehicle transfer
account in the environmental fund for
the purpose of making grants for
development of management alternatives
for shredder residue under article 2,
section 29. The unencumbered balance
remaining in the first year does not
cancel but is available for the second
year and any amount of this
appropriation not used to make grants
under article 2, section 29 reverts to
the motor vehicle transfer account on
June 30, 1995.
(c) $140,000 is appropriated to the
commissioner of the pollution control
agency from the motor vehicle transfer
account in the environmental fund for
the purpose of studying management of
shredder residue from motor vehicles,
appliances, and other sources of
recyclable steel and administering the
grants authorized under article 2,
section 29.
(d) None of the money appropriated in
paragraphs (b) and (c) may be spent
unless the legislative commission on
waste management has approved a work
program prepared by the commissioner of
the pollution control agency.
Sec. 3. OFFICE OF WASTE MANAGEMENT
Subdivision 1. Total
Appropriation 20,229,000 20,214,000
Summary by Fund
General 19,139,000 19,124,000
Environmental 1,090,000 1,090,000
Notwithstanding any other law to the
contrary, any outstanding obligations
that may be held in St. Louis county
for grants and loans issued to the
county for construction or operation of
the Babbitt waste tire facility under
Minnesota Statutes 1986, section
116M.07; Minnesota Statutes, section
115A.54, subdivision 2a; or 298.22;
shall be suspended until June 30, 1995.
The amounts that may be spent from this
appropriation for each program are
specified in the following sections.
Subd. 2. Business Assistance
2,960,000 2,819,000
Summary by Fund
General 1,870,000 1,729,000
Environmental 1,090,000 1,090,000
$1,327,000 the first year and
$1,332,000 the second year are for
grants for market development, source
reduction, and pollution prevention.
Of these amounts, $103,000 the first
year and $190,000 the second year from
the environmental fund, and $47,000 the
first year and $50,000 the second year
from the general fund, are for
pollution prevention grants. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
$100,000 the first year and $100,000
the second year are from the
environmental fund for payment of a
grant to the Minnesota technical
assistance program and for pollution
prevention assistance.
Notwithstanding Minnesota Statutes,
chapter 115A, money from this
appropriation may, at the discretion of
the director, be used for demonstration
or pilot programs for farm animal waste
management techniques or facilities.
This money may not be used for these
programs unless the director has
notified the chairs of the legislative
committees or divisions with
jurisdiction over appropriations for
environmental and natural resources
activities.
Subd. 3. Citizen Outreach
696,000 696,000
Subd. 4. Local Government Assistance
15,437,000 15,556,000
$14,008,000 the first year and
$14,008,000 the second year are for the
SCORE block grants to counties.
Subd. 5. Research and Policy Development
324,000 324,000
Subd. 6. Administrative Assistance
812,000 819,000
Sec. 4. ZOOLOGICAL BOARD
Subdivision 1. Total
Appropriation 5,048,000 5,051,000
The amounts that may be spent from this
appropriation are specified in the
following subdivisions.
Subd. 2. Biological Programs
755,000 651,000
Subd. 3. Enterprise Program
92,000 94,000
Subd. 4. Operations
4,201,000 4,306,000
Sec. 5. NATURAL RESOURCES
Subdivision 1. Total
Appropriation 151,154,000 151,192,000
Summary by Fund
General 80,604,000 80,340,000
Game and Fish 52,110,000 53,201,000
Natural Resources 18,066,000 17,547,000
Permanent School 374,000 104,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Any unencumbered balances remaining in
the first year from appropriations made
in this section for organizational
realignment do not cancel, but are
available for the second year.
Subd. 2. Mineral Resources Management
4,751,000 4,714,000
$311,000 the first year and $311,000
the second year are for iron ore
cooperative research, of which $225,000
the first year and $225,000 the second
year are available only as matched by
$1 of nonstate money for each $1 of
state money. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
$375,000 the first year and $375,000
the second year are for mineral
diversification. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year. The commissioner is
authorized one position in the
unclassified service for minerals
diversification.
The commissioner of natural resources,
before adopting amendments to the
mineland reclamation rules governing
permits to mine for taconite and iron
ore mining operations, shall study how
to effectively implement the financial
assurance requirements of Minnesota
Statutes, section 93.49. The
commissioner, by June 30, 1994, shall
submit a report to the legislature
containing:
(1) an analysis of the types of
financial assurance used for mineland
reclamation, including the
availability, strengths, and weaknesses
of the different types;
(2) an analysis of the feasibility of
establishing financial assurance pools;
and
(3) recommendations for procedures to
phase financial assurance requirements
in over a period of years for ferrous
mine operations.
The commissioner shall solicit and
receive advice from the ferrous mining
industry, environmental organizations,
the state investment board, the Iron
Range Resources and Rehabilitation
Board, and the Minnesota pollution
control agency.
$30,000 the first year and $45,000 the
second year are for minerals
cooperative environmental research, of
which $20,000 the first year and
$35,000 the second year are available
only as matched by $1 of nonstate money
for each $1 of state money. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
$20,000 is appropriated in 1994 for a
project to be completed in cooperation
with the Iron Range Resources and
Rehabilitation Board and the department
of trade and economic development
utilizing available information on iron
product production in Minnesota, steel
production using the newest mini mill
technology and steel market projections
to produce a report on the feasibility
of locating a steel mill in northern
Minnesota. This report is to be
completed by March 31, 1994.
Subd. 3. Water Resources Management
7,985,000 7,747,000
Summary by Fund
General 7,884,000 7,643,000
Natural Resources 101,000 104,000
$35,000 the first year is for
reimbursement of the cost of emergency
flood damage repairs to the dike on the
Root river in Hokah township, section
32. The commissioner of natural
resources shall pursue any federal
funds that might be available for this
project.
$180,000 is for payment of a grant to
the metropolitan council for
development of a mathematical,
state-of-the-art groundwater model for
the seven-county metropolitan area.
The funds are available for the
biennium ending June 30, 1995. This
appropriation is available only if
matched by $150,000 from nonstate
sources. * (The preceding paragraph
beginning "$180,000" was vetoed by the
governor.)
$40,000 is appropriated in 1994 for
bank stabilization on the Middle
River-Snake River Watershed. The money
must be matched by nonstate funds.
Subd. 4. Forest Management
27,200,000 26,805,000
Summary by Fund
General 26,546,000 26,130,000
Game and Fish 321,000 331,000
Natural Resources 333,000 344,000
$735,000 the first year and $735,000
the second year are for presuppression
and suppression costs of emergency fire
fighting. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it. If these
appropriations are insufficient to
cover all costs of suppression, the
amount necessary to pay for emergency
firefighting expenses during the
biennium is appropriated from the
general fund.
$114,000 the first year and $114,000
the second year are for transfer to the
board of water and soil resources for
grants to soil and water conservation
districts for cost-sharing with
landowners in the state forest
improvement program. This
appropriation is not subject to any
budget reductions made in the
agency. * (The preceding paragraph
beginning "$114,000" was vetoed by the
governor.)
The commissioner of natural resources
shall continue the oak regeneration
technical assistance program described
in Laws 1991, chapter 254, article 1,
section 14, subdivision 7, paragraph
(e).
Subd. 5. Parks and Recreation
Management
22,239,000 22,974,000
Summary by Fund
General 21,631,000 22,345,000
Natural Resources 608,000 629,000
$608,000 the first year and $629,000
the second year are from the water
recreation account in the natural
resources fund for state park
development projects. If the
appropriation in either year is
insufficient, the appropriation for the
other year is available for it.
$2,238,000 the first year and
$2,238,000 the second year are for
payment of a grant to the metropolitan
council for metropolitan area regional
parks maintenance and operation.
The commissioner of natural resources
shall study the management and
operational costs of the state park
system and evaluate alternative funding
approaches for the system. Results of
the study must be reported to the
legislature by July 1, 1994, and must
include a review of the size, type, and
number of units within the system;
alternative management strategies and
organizational structures; revenue
generating alternatives; potential
stable funding sources; and potential
alternatives for reducing costs and
improving self-sufficiency.
Any increase in general fund
appropriations for state parks for each
year of the biennium ending June 30,
1995, above the amount appropriated for
fiscal year 1993 must be used only for
state park field operations.
$5,000 is appropriated in 1994 for the
development and completion of the
management plan for the Cuyuna Country
State Recreational Area.
The commissioner of natural resources
may not operate a work training program
for unemployed and underemployed
individuals during the biennium ending
June 30, 1995, unless the terms and
conditions of employment of such
individuals have been negotiated with
the exclusive bargaining
representatives of employees pursuant
to Minnesota Statutes, chapter 179A.
Subd. 6. Trails and Waterways
11,039,000 10,726,000
Summary by Fund
General 1,125,000 1,163,000
Game and Fish 836,000 859,000
Natural Resources 9,078,000 8,704,000
$2,249,000 the first year and
$2,249,000 the second year are from the
snowmobile trails and enforcement
account in the natural resources fund
for snowmobile grants-in-aid.
$250,000 the first year and $250,000
the second year are from the water
recreation account in the natural
resources fund for a safe harbor
program on Lake Superior. Any
unencumbered balance at the end of the
first year does not cancel and is
available for the second year.
Subd. 7. Fish and Wildlife Management
36,613,000 37,537,000
Summary by Fund
General 2,496,000 2,460,000
Game and Fish 32,339,000 33,234,000
Natural Resources 1,778,000 1,843,000
$874,000 the first year and $874,000
the second year are appropriated from
the game and fish fund for payments to
counties in lieu of taxes on acquired
wildlife lands and are not subject to
transfer.
$984,000 the first year and $1,020,000
the second year are from the nongame
wildlife management account in the
natural resources fund for the purpose
of nongame wildlife management. Any
unencumbered balance remaining in the
first year does not cancel but is
available the second year. The
commissioner of natural resources shall
submit to the legislature by January
15, 1994, a budget request to spend any
excess receipts from the nongame
checkoff.
$1,310,000 the first year and
$1,310,000 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. Any unencumbered balance for the
first year does not cancel but is
available for use the second year.
$810,000 the first year and $2,618,000
the second year are from the fish
management intensification account and
$1,440,000 the first year is from the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 97A.065, subdivision
3.
$1,342,000 the first year and
$1,342,000 the second year are from the
wildlife acquisition account for only
the purposes specified in Minnesota
Statutes, section 97A.071, subdivision
3. Of these amounts, $540,000 the
first year and $360,000 the second year
are for acquisition, $360,000 the first
year and $540,000 the second year are
for development, and $120,000 each year
is for ditch assessments. $322,000
each year is for development work
performed by participants in youth
programs.
$975,000 the first year and $1,041,000
the second year are from the deer
habitat improvement account, and
$225,000 the first year and $159,000
the second year are from the game and
fish fund, for only the purposes
specified in Minnesota Statutes,
section 97A.075, subdivision 1,
paragraph (b).
$424,000 the first year and $424,000
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).
$130,000 the first year and $130,000
the second year are from the game and
fish fund for deer and bear management
to include emergency deer feeding. If
the appropriation for either year is
insufficient, the appropriation for the
other year is available.
$222,000 the first year and $485,000
the second year are from the waterfowl
habitat improvement account, and
$486,000 the first year and $224,000
the second year are from the game and
fish fund, for only the purposes
specified in Minnesota Statutes,
section 97A.075, subdivision 2.
$531,000 the first year and $531,000
the second year are from the trout
stream management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
3.
$605,000 the first year and $605,000
the second year are from the pheasant
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
4.
$390,000 the first year and $370,000
the second year are from the game and
fish fund for activities relating to
reduction and prevention of property
damage by wildlife. Of these amounts,
$110,000 and two full-time equivalent
positions each year is for technical
assistance, $95,000 and two full-time
equivalent positions each year is for
continued development of the geographic
information system for wildlife
management, and $100,000 each year is
for emergency damage abatement
materials.
The commissioner shall report to the
house environment and natural resource
finance and the senate environment and
natural resource committee on the
activities and budgeting of the deer
population management program by
February 15, 1994.
$44,000 is appropriated in 1994 for the
construction of barrier reefs on the
west traverse bay of the Lake of the
Woods, for fish habitat improvement.
$8,000 is appropriated in 1994 for
construction of an interpretive display
in the Thief Lake WMA.
The department of natural resources
shall establish a task force to examine
the feasibility of creating an urban
trout fishing site in St. Paul.
Potential sites shall include, but not
be limited to, Swede Hollow, the
historic Trout Brook, or a route from
near downtown to the department of
natural resources metro fish hatchery.
The task force shall include
representatives of the city of St.
Paul, the office of tourism, the
Minnesota chapter of Trout Unlimited,
the University of Minnesota, and other
interested parties. A report shall be
presented to the house and senate
committees on environment and natural
resources by February 15, 1994.
Subd. 8. Enforcement
15,930,000 16,121,000
Summary by Fund
General 2,945,000 2,916,000
Game and Fish 10,386,000 10,556,000
Natural Resources 2,599,000 2,649,000
$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.
$80,000 the first year and $50,000 the
second year are for costs related to
the 1837 Treaty with the Chippewa.
The commissioner shall study the county
sheriff's water patrol grant funding,
including but not limited to the aid
formula and county level activities,
and make recommendations for any needed
legislation. The commissioner shall
report to the house environment and
natural resources finance and senate
environment and natural resources
committees by January 15, 1994.
Subd. 9. Operations Support
25,397,000 24,568,000
Summary by Fund
General 13,226,000 12,969,000
Game and Fish 8,228,000 8,221,000
Natural Resources 3,569,000 3,274,000
Permanent School 374,000 104,000
$95,000 the first year and $95,000 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.
$17,000 the first year and $17,000 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.
The commissioner of natural resources
shall have the authority to contract
with and make grants to nonprofit
agencies to carry out the purposes,
plans, and programs of the office of
youth programs, Minnesota conservation
corps.
The commissioner of natural resources
shall complete a study of the payment
in lieu of taxes program. The
commissioner shall compare the amount
of payments that would be made under an
ad valorem system to the current
payments to counties. The findings of
the study must be reported by January
15, 1994, to the environment and
natural resources and finance
committees of the senate and the
environment and natural resources and
ways and means committees of the house
of representatives.
$286,000 the first year and $104,000
the second year are from the lakeshore
sales account in the permanent school
fund for land sale costs under
Minnesota Statutes, section 92.67,
subdivision 3. $88,000 the first year
is from the permanent school fund
suspense account, and must be repaid to
the suspense account from closing costs
collected at the August 1993 lease
sale. Any unencumbered balance
remaining in the first year does not
cancel and is available for the second
year.
The commissioner of natural resources
shall prepare a report on the support
service costs incurred by each
department program by fund. The report
must include a history of these costs
for the past four years and measures
the department has taken to reduce and
manage these costs. The report must be
submitted to the senate environment and
natural resources finance division and
the house of representatives committee
on environment and natural resources
finance by December 31, 1993.
The appropriation in Laws 1991, chapter
254, article 1, section 5, subdivision
9, from the land acquisition account is
available until expended.
$100,000 is appropriated in 1994 to the
commissioner of natural resources for
transfer to the environment quality
board. The money is to be used for the
coordination of the preparation of a
strategic plan for Minnesota's
environment based on sustainable human
and economic development.
The department of natural resources,
with the cooperation of other state
agencies, shall identify state
employees who are potentially eligible
for approval as certified ecologists
under guidelines of the Ecological
Society of America. Employees shall be
eligible for reimbursement in
accordance with personnel regulations
for expenses directly related to
becoming certified ecologists.
Subd. 10. Deficiency Appropriations
$240,000 is appropriated to the
commissioner of the department of
natural resources. Of this amount,
$120,000 is from the permanent school
fund suspense account and is to be
added to the appropriation in, and used
for the purposes of Laws 1991, chapter
254, article 1, section 5, subdivision
9, and $120,000 is to pay legal costs
of litigation and settlement of
disputes relating to the 1837 Treaty.
The amounts appropriated are for the
fiscal year ending June 30, 1993.
Sec. 6. BOARD OF WATER AND
SOIL RESOURCES 11,874,000 12,126,000
$5,003,000 the first year and
$5,353,000 the second year are for
natural resources block grants to local
governments. Of this amount, $50,000
in each year is for a grant to the
north shore management board.
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.
$1,599,000 the first year and
$1,599,000 the second year are for
grants to soil and water conservation
districts for general purposes and for
implementation of the RIM 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.
$2,220,000 the first year and
$2,120,000 the second year are for
grants to soil and water conservation
districts for cost-sharing contracts
for erosion control and water quality
management. This appropriation is
available until expended.
Any unencumbered balance in the board's
program of grants to soil and water
conservation districts and counties
does not cancel at the end of the first
year and is available for the second
year for the same grant program.
Funds may not be used by the board for
providing assistance for individual
on-site household waste treatment
systems.
$189,000 the first year and $189,000
the second year are for grants to
watershed districts and other local
units of government in the southern
Minnesota river basin study area 2 for
flood plain management.
Sec. 7. AGRICULTURE
Subdivision 1. Total
Appropriation 23,669,000 22,572,000
Summary by Fund
General 13,936,000 12,804,000
Environmental 272,000 272,000
Special Revenue 9,461,000 9,496,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Protection Service
15,709,000 15,744,000
Summary by Fund
General 6,159,000 6,159,000
Environmental 272,000 272,000
Special Revenue 9,278,000 9,313,000
$272,000 the first year and $272,000
the second year are from the
environmental response, compensation,
and compliance account in the
environmental fund.
$4,500,000 the first year and
$4,500,000 the second year are
appropriated from the pesticide
regulatory account established under
Minnesota Statutes, section 18B.05 for
administration and enforcement of
Minnesota Statutes, chapter 18B.
The commissioner shall continue to
operate a tractor and machinery safety
training program for youth.
The unexpended balance appropriated for
farm safety projects and programs at
the discretion of the commissioner in
Laws 1991, chapter 254, article 1,
section 7, subdivision 5, does not
cancel and is reappropriated to the
commissioner for the biennium ending
June 30, 1995, to carry out farm safety
projects and programs. These funds can
be used in either year of the biennium.
$650,000 the first year and $650,000
the second year are appropriated from
the fertilizer inspection account
established under Minnesota Statutes,
section 18C.131 for administration and
enforcement of Minnesota Statutes,
chapter 18C.
$400,000 the first year and $400,000
the second year are appropriated from
the seed potato inspection fund
established under Minnesota Statutes,
section 21.115 for administration and
enforcement of Minnesota Statutes,
sections 21.111 to 21.122.
$600,000 the first year and $600,000
the second year are appropriated from
the seed inspection fund established
under Minnesota Statutes, section 21.92
for administration and enforcement of
Minnesota Statutes, sections 21.80 to
21.92.
$650,000 the first year and $650,000
the second year are appropriated from
the commercial feed inspection account
established under Minnesota Statutes,
section 25.39, subdivision 4 for
administration and enforcement of
Minnesota Statutes, sections 25.35 to
25.44.
$620,000 the first year and $620,000
the second year are appropriated from
the fruit and vegetables inspection
account established under Minnesota
Statutes, section 27.07, subdivision 6
for administration and enforcement of
Minnesota Statutes, section 27.07.
$1,563,000 the first year and
$1,598,000 the second year are
appropriated from the dairy services
account established under Minnesota
Statutes, section 32.394, subdivision
9, for the purpose of dairy services
under Minnesota Statutes, chapter 32.
$295,000 the first year and $295,000
the second year are appropriated from
the livestock weighing fund established
under Minnesota Statutes, section
17A.11 for the purpose of livestock
weighing costs under Minnesota
Statutes, chapter 17A.
Subd. 3. Promotion and Marketing
2,142,000 1,142,000
Summary by Fund
General 1,959,000 959,000
Special Revenue 183,000 183,000
Notwithstanding Minnesota Statutes,
section 41A.09, subdivision 3, the
total payments from the ethanol
development account to all producers
may not exceed $15,800,000 for the
biennium ending June 30, 1995. In
fiscal year 1994, the commissioner
shall first reimburse producers up to
$981,024 for eligible, unpaid claims
accumulated through June 30, 1993.
$1,000,000 is appropriated in 1994 for
use by the rural finance authority for
purposes of assisting in the finance of
ethanol production facilities in
Minnesota. Any amount of this
appropriation that remains unencumbered
at the end of any biennium does not
revert to the general fund but remains
available as a revolving account.
$100,000 the first year and $100,000
the second year are for ethanol
promotion and public education.
$100,000 the first year and $100,000
the second year must be spent for the
WIC coupon program.
$45,000 is appropriated in each year
for a project to expand agriculture
opportunities for the Hmong and other
Southeast Asian farmers by expansion of
the existing market base and to target
new wholesale and retail markets. The
money may also be used to expand the
wholesale and retail market for other
groups involved in direct marketing
efforts such as alternative meat and
food products. The department must
report on the project to the finance
committees by January 15, 1995.
$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.
$183,000 the first year and $183,000
the second year are from the
commodities research and promotion
account in the special revenue fund.
Subd. 4. Administration and
Financial Service
5,818,000 5,686,000
$1,200,000 from the balance in the
special account created in Minnesota
Statutes, section 41.61, shall be
transferred to the general fund by June
30, 1994.
$389,000 the first year and $389,000
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
1994 or 1995.
$199,000 the first year and $199,000
the second year are to manage the
family farm advocacy program.
$80,000 the first year and $80,000 the
second year are for grants to farmers
for demonstration projects involving
sustainable agriculture. If a project
cost is more than $25,000, the amount
above $25,000 must be cost-shared at a
state-applicant ratio of one to one.
Priorities must be given for projects
involving multiple parties. Up to
$20,000 each year may be used for
dissemination of information about the
demonstration grant projects. If the
appropriation for either year is
insufficient, the appropriation for the
other is available.
$70,000 the first year and $70,000 the
second year are for the Northern Crops
Institute. These appropriations may be
spent to purchase equipment and are
available until spent.
$150,000 the first year and $150,000
the second year are for grants to
agriculture information centers. The
grants are only available on a match
basis. The funds may be released at
the rate of two state dollars for each
$1 of matching nonstate money that is
raised. Any appropriated amounts not
matched by April 1 of each year are
available for other purposes within the
department.
$45,000 the first year and $45,000 the
second year are for payment of claims
relating to livestock damaged by
endangered animal species and
agricultural crops damaged by elk. If
the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$80,000 the first year and $80,000 the
second year are for the seaway port
authority of Duluth.
$19,000 the first year and $19,000 the
second year is for a grant to the
Minnesota livestock breeder's
association.
Money from this appropriation may, at
the discretion of the commissioner, be
used for demonstration or pilot
programs for farm animal waste
management techniques or facilities.
This money may not be used for these
programs unless the commissioner has
notified the chairs of the legislative
committees or divisions with
jurisdiction over appropriations for
environmental and natural resources
activities.
The unencumbered balance on June 1,
1993, of amounts authorized under Laws
1992, chapter 513, article 2, section
6, subdivision 5, for legal challenges
to discriminatory aspects of the
federal milk market order system are
transferred to the supreme court for
the same purposes.
Sec. 8. BOARD OF ANIMAL HEALTH 2,071,000 2,071,000
This appropriation includes $25,000 the
first year and $25,000 the second year
for payment of indemnities. If the
appropriation for indemnities for
either year is insufficient, the
appropriation for the other year is
available for it. Indemnities of less
than $1 must not be paid.
$200,000 the first year and $200,000
the second year are for an integrated
pseudorabies control and research
program. The board of animal health
must consult with the pseudorabies
advisory council about how this money
should be spent. The appropriation is
available only as matched, dollar for
dollar, by money from nonstate sources.
Sec. 9. MINNESOTA-WISCONSIN
BOUNDARY AREA COMMISSION 129,000 130,000
This appropriation is only available to
the extent it is matched by an equal
amount from the state of Wisconsin.
Sec. 10. CITIZEN'S COUNCIL ON
VOYAGEURS NATIONAL PARK 72,000 72,000*
* (The appropriation of $72,000 for the year ending June
30, 1995, was vetoed by the governor.)
The council shall have an executive
committee composed of the legislative
members and the chair. The executive
committee shall act on matters of
personnel, out-of-state trips by
members of the council, and nonroutine
monetary issues.
Sec. 11. SCIENCE MUSEUM
OF MINNESOTA 1,114,000 1,108,000
$6,000 is appropriated for a project to
study the creation of a freshwater
aquarium on the Mississippi river in
downtown St. Paul. The project will
look at displaying and interpreting the
aquatic life and surrounding cultures
of the great river of the world. The
science museum will work with groups
including but not limited to the
department of natural resources,
Minnesota tourism office, University of
Minnesota, city of St. Paul, the
Minnesota alliance for geographic
education, and other interested
parties. A report must be submitted to
the appropriate finance committees of
the house and senate by February 1,
1994. This appropriation is contingent
upon securing matching funds.
Sec. 12. MINNESOTA ACADEMY
OF SCIENCE 36,000 36,000
Sec. 13. MINNESOTA HORTICULTURAL
SOCIETY 72,000 72,000
Sec. 14. MINNESOTA RESOURCES
Subdivision 1. Total
Appropriation 41,274,000
Summary by Fund
Minnesota Future
Resources Fund 14,662,000
Minnesota
Environment and
Natural Resources
Trust Fund 24,600,000
Of this appropriation $10,298,000 is
for trust fund acceleration.
Oil Overcharge
Money in the Special
Revenue Fund 2,012,000
The appropriations in this section are
available until June 30, 1995.
In this section:
(a) "Future resources fund" means the
Minnesota future resources fund
referred to in Minnesota Statutes,
section 116P.13.
(b) "Trust fund" means the Minnesota
environment and natural resources trust
fund referred to in Minnesota Statutes,
section 116P.02, subdivision 6.
(c) "Trust fund acceleration" means the
Minnesota environment and natural
resources trust fund to be expended
only for capital investments in parks
and trails referred to in Minnesota
Statutes, section 116P.11, paragraph
(b), clause (3).
(d) "Oil overcharge money" means the
money referred to in Minnesota
Statutes, section 4.071, subdivision 2.
Subd. 2. Legislative Commission
on Minnesota Resources 695,000
$425,000 of this appropriation is from
the future resources fund and $270,000
is from the trust fund pursuant to
Minnesota Statutes, section 116P.09,
subdivision 5.
For the biennium ending June 30, 1995,
the commission shall monitor the
programs in this section; assess the
status of the state's natural
resources; convene a state resource
congress; establish priorities for,
request, review, and recommend programs
for the 1995-1997 biennium from the
future resources fund, environment and
natural resources trust fund, and oil
overcharge money, and for support of
the citizen advisory committee
activities.
Subd. 3. Agriculture
(a) Biological Control of Plant
and Animal Pests 880,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for transfer to the
commissioner of agriculture to develop,
test, and implement biological control
agents to reduce the use of
petroleum-based chemicals. A grant
request to supplement this
appropriation must be submitted to the
United States Department of Agriculture
and the results reported to the
legislative commission on Minnesota
resources.
(b) Cover Crops in a Corn and
Soybean Rotation 150,000
This appropriation is from the future
resources fund to the commissioner of
agriculture for a contract with the
University of Minnesota for the
development of economic management
strategies of cover crops for corn and
soybean rotations to reduce soil
erosion, nitrate leaching, and
pesticide use.
(c) Increasing Utilization of
Federal Cost Share Feedlot Funds 480,000
This appropriation is from the future
resources fund to the commissioner of
agriculture to provide technical
assistance for the rehabilitation of
priority feedlots with water quality
concerns.
(d) Demonstration of Production
Scale Waste Collection in
Aquaculture 100,000
This appropriation is from the future
resources fund to the commissioner of
the pollution control agency for a
contract with Minnesota aquafarms to
evaluate operational efficiencies of a
fish waste collection system and to
evaluate the potential for the waste
collection system to meet state water
quality requirements.
(e) Reinvest in Minnesota -
Conservation Reserve Easements 823,000
$500,000 of this appropriation is from
the trust fund and $323,000 of this
appropriation is from the future
resources fund to the board of water
and soil resources to accelerate the
RIM program to acquire perpetual
conservation easements on marginal
agricultural lands. Up to $165,000 may
be used to implement conservation
practices on the easements. None of
this appropriation may be used for
administrative costs.
(f) Alternative Aquaculture
Methods 230,000
This appropriation is from the future
resources fund to the commissioner of
agriculture to develop and evaluate
alternative methods of raising fish,
focusing on water conservation through
waste removal, and collection involving
recirculating aquaculture systems.
Grant requests to supplement this
appropriation must be submitted to the
United States Department of Agriculture
and the national Sea Grant program and
the results reported to the legislative
commission on Minnesota resources.
(g) Minnesota Aquaculture
Development Program 230,000
This appropriation is from the future
resources fund to the commissioner of
agriculture to conduct a grant program
for the evaluation and development of
environmentally sound aquaculture
systems.
(h) Managing Agricultural
Environments of North-Central
Minnesota Sandy Soils 480,000
This appropriation is from the future
resources fund to the commissioner of
agriculture for a contract with the
University of Minnesota to develop
improved management strategies for
water, nitrogen, and herbicide use on
sandy soils in north central Minnesota.
(i) Nutrient Availability
From Land-Applied Manure 280,000
This appropriation is from the future
resources fund to the commissioner of
agriculture for a contract with the
University of Minnesota to determine
nutrient availability from
manure/soil/crop systems to improve
manure utilization by crops, reduce
environmental impacts on water
resources, and provide best management
practices (BMPs) to guide manure
management decisions.
(j) Effective Manure Management
in Conservation Tillage Systems
for Karst Areas 500,000
This appropriation is from the future
resources fund to the commissioner of
agriculture for a contract with the
University of Minnesota to investigate
factors that influence losses of
contaminants to surface and
groundwater. The emphasis will be on
soil, crop residue, and manure
management to maximize crop recovery of
nitrogen and minimize losses to surface
and groundwater.
(k) Nutrient Recycling
Through Plants and Animals 260,000
This appropriation is from the future
resources fund to the commissioner of
agriculture for a contract with the
University of Minnesota to improve
techniques to predict nitrogen
mineralization from manure and soil
organic matter in west central
Minnesota.
(l) Developing Soil Specific
Nitrogen Management as a Best
Management Practice (BMP) 294,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for transfer to the
commissioner of agriculture for
development of new soil specific,
variable rate nitrogen applications
that will increase operating efficiency
and reduce applied nitrogen without
reducing yield.
Subd. 4. Energy
(a) Reducing Energy and CO2 230,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for a contract with the
center for energy and urban environment
to develop a comprehensive action plan
that will focus on energy efficiency,
alternative energy, and fuel switching
through an assessment of opportunities
for the reduction of CO2 and other
greenhouse gases.
(b) Photovoltaic Demonstration Project 230,000
This appropriation is from the future
resources fund to the commissioner of
public service for a grant to the St.
Paul school district for purchase and
installation of a photovoltaic
demonstration system at the Battle
Creek environmental magnet school.
(c) Operational Implications
of Alternate Transit Bus Fuels 78,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for a contract with the
metropolitan transit commission to test
alternate bus fuels to evaluate their
potential for reduced fuel consumption
and increased operational efficiency.
(d) The Bus, Bike, or Car
Pool (B-BOP) Challenge 150,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for a contract with the
center for energy and urban environment
to reduce energy use by the delivery of
an employer-based program that cost
effectively reduces the use of single
occupant vehicles by commuters who
pledge to B-BOP or telecommute
regularly during the summer.
(e) Tree and Grass Production
for Ethanol 380,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for a contract with the
agricultural utilization research
institute to implement a program to
supply biomass feedstock derived from
trees and grass to a national renewable
energy laboratory (NREL), United States
Department of Energy Engineering
Development facility for converting
biomass to ethanol and thermochemical
fuels. This appropriation is
contingent on a NREL agreement by
January 1, 1994, to purchase biomass.
Subd. 5. Forestry
(a) Development of Tree
Seed Orchard Complex 80,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for production of
genetically improved forest tree seed.
(b) Como Park Replanting Program 93,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the metropolitan council for a subgrant
to the city of St. Paul to replant
areas in Como Park that have lost trees
due to disease, age, or other causes.
(c) Reforestation in Ramsey
County Parks and Open Space 50,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
Ramsey county to accelerate the
reforestation program in Ramsey county
regional and county parks to replace
trees lost to storm damage, drought,
and disease and begin establishment of
new plantings. None of this
appropriation is to be used for
administration.
(d) Developing Quality
Hardwood Forests 210,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the University of Minnesota to conduct
research on the effects of different
canopy gap sizes and site preparation
methods on natural hardwood
regeneration.
Subd. 6. General
(a) Minnesota County Biological
Survey - Continuation 900,000
This appropriation is from the trust
fund to the commissioner of natural
resources to continue the Minnesota
county biological survey of systematic
collection ($432,000) and management of
data on the distribution of rare
plants, animals, and natural habitats
($288,000) and to provide for
distribution and integration of rare
features information ($180,000).
(b) Minnesota's Forest-Bird
Diversity Initiative - Continuation 500,000
This appropriation is from the trust
fund to the commissioner of natural
resources to monitor forest songbird
populations and to utilize geographic
information system tools to correlate
forest bird populations with dynamics
of the forest landscape.
(c) Description and Evaluation
of Minnesota Old Growth Forests -
Continuation 250,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to accelerate the
evaluation of old growth candidate
stands ($90,000), develop detailed
descriptions of old growth forest types
($110,000), and determine habitat
relations of forest fungi in old growth
forests ($50,000) for completion of the
implementation of the department of
natural resources old growth guidelines.
(d) Mississippi Headwaters River
Inquiry and Education Project 75,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the Mississippi headwaters board to
provide for the investigation of river
corridor biology, hydrology, and
cultural issues, training of local
government officials, and public
education on river protection
strategies.
(e) Anadromous Fish Monitoring 137,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for biologic
monitoring to improve the management of
the steelhead population on the north
shore of Lake Superior.
(f) Land and Water Conservation
Fund Administration 80,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for administration of
the federal land and water conservation
program and other contract
administration activities assigned to
the commissioner in this section.
Subd. 7. Information/Education
(a) Quantify Pesticide and
Fertilizer Runoff from Golf Courses 49,000
This appropriation is from the future
resources fund to the commissioner of
the pollution control agency for a
contract with suburban Hennepin
Regional Park district for a study of
the quantity of pesticide and
fertilizer runoff water from golf
courses and an assessment of the impact
of these contaminants on downstream
waterbodies. This appropriation must
be matched by $49,000 of nonstate funds.
(b) Developing Multi-Use
Urban Green Space 220,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the Minneapolis park and recreation
board to develop city tax forfeited
lands into neighborhood gardens,
orchards, alternative landscape
demonstration areas, and tree nurseries.
(c) K-12 Prairie Wetland Field
Study Program - Ecology Bus 270,000
This appropriation is from the future
resources fund to the commissioner of
education for a contract with Heron
Lake Environmental Learning Center,
Inc., to purchase, equip, and operate
an ecology bus to deliver an
interdisciplinary K-12 school
environmental education program in
southwest Minnesota. This
appropriation is contingent on the
learning center employing a specialist
to guide student and teacher
participation in the ecology bus.
(d) The On-Line Museum:
Computer and Interactive Video 260,000
This appropriation is from the trust
fund to the commissioner of education
for a contract with the science museum
of Minnesota to create an interactive
video data base of selected cultural
and natural history collections as a
prototype for a unique learning
experience in environmental education
for museum visitors and school children.
(e) Environmental Education
Outreach Program 215,000
This appropriation is from the future
resources fund to the commissioner of
education for a contract with
metropolitan waste control commission
(MWCC) to develop a multidisciplinary
environmental science and math
curriculum for grades K-12 and
team-taught by private sector
volunteers, teachers, and MWCC
volunteer staff. A grant request to
supplement this appropriation must be
submitted to the United States
Environmental Protection Agency and the
results reported to the legislative
commission on Minnesota resources.
This appropriation must be matched by
an equal amount of nonstate funds.
(f) Summer Youth History Program 100,000
This appropriation is from the future
resources fund to the Minnesota state
historical society to provide summer
employment for high school students of
at least 50 percent minority or
disadvantaged at historic sites.
(g) The Ecology of Minnesota -
Book 51,000
This appropriation is from the future
resources fund to the University of
Minnesota for a grant to the university
press to assist in the preparation and
production of a book presenting a
comprehensive overview of Minnesota's
natural environment.
(h) Green Street: An Urban
Environmental Awareness Project 550,000
This appropriation is from the trust
fund to the commissioner of education
for a contract with the science museum
of Minnesota to develop a
comprehensive, coordinated urban
environmental education project, which
will be a core exhibit and outreach
program focused on revealing the links
between modern lifestyles and major
environmental issues.
(i) Minnehaha Park Environmental
Interpretive Center 300,000
This appropriation is from the trust
fund to the commissioner of natural
resources for a contract with the
metropolitan council for a subgrant to
the Minneapolis park and recreation
board to adaptively reuse the
Longfellow house in Minnehaha Park as
an urban interpretive center. This
appropriation must be matched by
$37,000 from the Minneapolis park and
recreation board.
(j) Nicollet Conservation Club
Swan Lake Interpretive Room 18,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the Nicollet conservation club to equip
a Swan Lake interpretive center at the
Nicollet conservation club. Facilities
will be open for use by local school
groups and state agencies for
interpretive programs and meetings at
no charge. This appropriation must be
matched by an equal amount of nonstate
funds.
(k) Project City Camp:
Experiential Urban Environmental
Education 130,000
This appropriation is from the future
resources fund to the commissioner of
education for a contract with Pillsbury
Neighborhood Services, Inc., to
implement Project City Camp, to help
inner city poor and minority youth and
adults understand the urban environment
and its impact on human development.
(l) Granite Quarry Park and
Interpretive Center Planning 50,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
Stearns county to study the features of
the quarry sites and plan for the
development of an interpretive and
recreational regional park. This
appropriation must be matched by
$50,000 of nonstate funds.
(m) Expanded Crosby Farm Park
Nature Program 91,000
This appropriation is from the future
resources fund to the commissioner of
education for a contract with the city
of St. Paul to accelerate the nature
study program established at Crosby
Farm Park utilizing the Como zoo, Como
conservatory, and Crosby Farm Nature
Park.
(n) Multiple-Use Forest
Management Learning Kit 15,000
This appropriation is from the future
resources fund to the commissioner of
education for a contract with Deep
Portage environmental learning center
to develop a multiple use forest
management learning kit. This
appropriation must be matched by $5,500
of nonstate funds.
(o) An Outdoor Classroom to
Improve Rural Environmental
Education 60,000
This appropriation is from the future
resources fund to the commissioner of
education for a contract with the
Faribault County Environmental Learning
Center, Inc., in cooperation with area
4-H, communities and schools, for an
outdoor classroom project using native
Minnesota vegetation, to train
instructors, educate youth and
community members, and evaluate changes
in environmental awareness.
Subd. 8. Land
(a) Base Maps for 1990s -
Continuation 710,000
This appropriation is from the trust
fund to the commissioner of
administration to provide the state
share of a 50/50 match program with the
United States Geological Survey to
continue statewide coverage of
orthophoto maps, update mapping for the
state major urban areas, and plan for
future cooperative mapping and air
photos programs.
(b) Rural County Use of National
Aerial Photography Program Flight 90,000
This appropriation is from the future
resources fund to the commissioner of
administration for a contract with
Houston county to evaluate the quality
of digital planimetric map products and
the effectiveness of national aerial
photography program products in meeting
the needs of Houston county users and
to assist other counties in the future
use of the products. This project must
comply with the data compatibility
requirements set forth in subdivision
14.
(c) Recreational Resource
Planning in the Metro Mississippi
Corridor 175,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the University of Minnesota to
investigate the potential for enhancing
and enriching the recreational
opportunities along the Mississippi
river in the metropolitan corridors of
the Mississippi National River and
Recreation Area (MNRRA). This
appropriation must be matched by
$25,000 of nonstate funds.
Subd. 9. Minerals
Mitigating Concrete
Aggregate Problems in Minnesota 179,000
This appropriation is from the future
resources fund to the commissioner of
transportation for a contract with the
University of Minnesota to study means
of mitigating concrete aggregate
problems in southern Minnesota.
Subd. 10. Recreation
The appropriations in items (a) to (l)
are for trust fund acceleration.
(a) State Park Betterment 3,000,000
This appropriation is from the trust
fund to the commissioner of natural
resources to develop, improve, and
rehabilitate state park facilities to
meet growing user demand as well as
prevent further deterioration of
outstanding historically significant
structures.
(b) Americans With Disabilities
Act: Retrofitting Regional Parks 220,000
This appropriation is from the trust
fund to the commissioner of natural
resources for a contract with the
metropolitan council to make subgrants
to regional park implementing agencies
to retrofit existing facilities to meet
federal Americans with Disabilities Act
(ADA) requirements.
(c) Trail Linkages, Metropolitan
Regional Network 2,327,000
This appropriation is from the trust
fund to the commissioner of natural
resources for a contract with the
metropolitan council to make subgrants
to acquire and improve regional trails
which link existing and planned
regional, local, and state parks and
trails.
(d) Initiate Gateway Segment of
the Willard Munger State Trail into
Downtown St. Paul 254,000
Of this appropriation, $200,000 is from
the trust fund and $54,000 is from the
future resources fund to the
commissioner of natural resources for
acquisition and development of the
trail right-of-way of the gateway
segment of the Willard Munger state
trail into downtown St. Paul. This
appropriation is for acquisition and
development only and must be done in
cooperation with the city of St. Paul.
(e) Birch Lake Regional
Bikeway/Walkway 450,000
This appropriation is from the trust
fund to the commissioner of natural
resources for a contract with the
metropolitan council for a subgrant to
Ramsey county which shall cooperate
with the city of White Bear Lake to
develop a bikeway/walkway linking trunk
highway 96 regional bikeway with
Tamarack nature center and business
centers, and a trailside interpretive
program. This appropriation is
contingent on this facility being
designated part of the metropolitan
regional park and open space system.
(f) Cedar Lake Trail Development 610,000
This appropriation is from the trust
fund to the commissioner of natural
resources for a contract with the
metropolitan council for a subgrant to
the Minneapolis park and recreation
board to plan and construct Cedar Lake
recreational and nonmotorized commuter
trail from Highway 100 to downtown
Minneapolis intersecting with the chain
of lakes. This appropriation must be
matched by $200,000 of nonstate funds.
This appropriation is contingent on
this facility being designated part of
the metropolitan regional park and open
space system.
(g) State Trail Development 2,327,000
This appropriation is from the trust
fund to the commissioner of natural
resources to start development of the
Paul Bunyan state trail, the
development of an abandoned railroad
grade located between Barnum and
Carlton, and provide for the
acquisition and development of a trail
connection from Harmony to the Root
river state trail.
(h) Shingle Creek Trail Improvement 130,000
This appropriation is from the trust
fund to the commissioner of natural
resources for a contract with the
metropolitan council for a subgrant to
the Minneapolis park and recreation
board to develop the Shingle Creek
trail connection between Minneapolis
and Hennepin county regional trail.
(i) Lilydale/Harriet Island
Regional Park Trail 246,000
This appropriation is from the trust
fund to the commissioner of natural
resources for a contract with the
metropolitan council for a contract
with the city of St. Paul to plan and
construct a pedestrian bicycle trail in
the Lilydale/Harriet Island Regional
Park.
(j) Como Park East Lakeshore
Reclamation 163,000
This appropriation is from the trust
fund to the commissioner of natural
resources for a contract with the
metropolitan council for a subgrant to
the city of St. Paul to provide site
improvements for reclamation and
restoration of severely eroded areas on
east lakeshore in Como Park.
(k) Acquisition of Palace
Restaurant Site on Mississippi
River 325,000
This appropriation is from the trust
fund to the commissioner of natural
resources for a contract with the
metropolitan council for a subgrant to
the Minneapolis park and recreation
board to acquire the Palace Restaurant
property located on the east bank of
the Mississippi for open space and
recreational opportunities. This
appropriation is contingent on this
facility being designated part of the
metropolitan regional park and open
space system.
(l) Access to Lakes and Rivers -
Continuation 1,000,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate access to lakes
and rivers statewide. $500,000 is for
boat access to lakes and rivers and
$500,000 is for shoreline access and
fishing piers statewide.
(m) Saint Louis River Land
Acquisition 1,000,000
This appropriation is from the trust
fund to the commissioner of natural
resources to acquire and protect
undeveloped lands known for their
resource and recreation values located
along the Saint Louis, Cloquet, and
Whiteface rivers. Up to $50,000 of
this appropriation may be used as a
grant to the Saint Louis river board
for the implementation of the Saint
Louis river management plan.
(n) Lake Minnetonka Water
Access Acquisition 944,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to acquire land for a
water access site on Maxwell and
Crystal Bays in Lake Minnetonka.
(o) Lake Superior Safe Harbors -
Continuation 1,000,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to acquire a site not
to exceed 25 acres and construct a Lake
Superior safe harbor site at Silver Bay
in cooperation with the north shore
management board. This appropriation
is contingent on additional funding
being requested from the IRRRB, the
United States Army Corps of Engineers
and other federal/local sources as
described in the north shore harbors
plan.
(p) Cooperative Trails Grant
Program 800,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a grant program
to assist in the acquisition and
development of local connections to
planned and existing state trails and
other public recreation facilities.
(q) Agassiz Recreational
Trails (ART) 650,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
Agassiz Recreational Trail Joint Powers
Board to plan, purchase, and develop
Agassiz recreational trails and improve
up to five local parks.
(r) Mesabi Trail Acquisition,
Planning and Development 700,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the St. Louis and Lake county regional
rail authority to plan and begin
acquiring and developing a 132-mile
multipurpose trail linking the Mesabi
iron range between Grand Rapids and
Ely. This appropriation must be
matched by $350,000 cash from IRRRB or
nonstate funds.
(s) Recreational Programming:
Inclusiveness for Persons with
Disabilities 160,000
This appropriation is from the future
resources fund to the commissioner of
education for a contract with Vinland
National Center to provide staff
training and consultation, targeted
outreach and resource education, to
enhance the inclusiveness,
accessibility, and utilization of
existing recreational programs by
persons with disabilities.
(t) Enhanced Recreational
Opportunities for Southeast
Asian Ethnic Communities 300,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to provide community
education, develop bilingual
communication exchanges, and cultural
and sensitivity training with community
members and natural resource
professionals.
(u) Urban Community Gardening
Program 110,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the Sustainable Resources center to
provide technical assistance and
information to neighborhood based
groups, special populations, and
municipalities for community gardening,
including the rehabilitation of urban
open space.
(v) National Register Grants
Program 165,000
This appropriation is from the future
resources fund to the Minnesota state
historical society to assist in the
preservation of outstanding historical
properties such as Pickwick Mill
(1854-58), Sibley County Courthouse
(1879), Wendelin Grimm Farmstead
(1876), and Tugboat Edna G (1896), and
other emergency needs of properties of
national or statewide historic
significance.
(w) Historical Research and
Planning for Traverse Des Sioux 68,000
This appropriation is from the future
resources fund to the Minnesota state
historical society to research and
develop a master plan for Traverse des
Sioux, a historic site owned by the
Minnesota historical society and
located in Nicollet county.
(x) Peninsula Point Two Rivers
Historical Park 435,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the city of Anoka to develop Peninsula
Point Two Rivers Historical Park
located at the confluence of the Rum
and Mississippi rivers.
Subd. 11. Water
(a) Minnesota River
Implementation - Continuation 1,100,000
This appropriation is from the trust
fund to the commissioner of the
pollution control agency to accelerate
the adoption of best management
practices (BMPs) and to accelerate
related state and local implementation
activities for the Minnesota river
basin.
(b) Local River Planning -
Continuation 480,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for contracts of up
to two-thirds of the cost to counties
or groups of counties acting pursuant
to a joint powers agreement, to develop
comprehensive plans for the management
and protection of rivers in northern
and central Minnesota. The
commissioner of natural resources shall
include in the work plan for review and
approval by the legislative commission
on Minnesota resources a proposed list
of rivers and a planning process
developed by the consensus of the
affected counties. All plans must meet
or exceed the requirements of state
shoreland and floodplain laws. Up to
$100,000 is available for
administration and technical assistance.
(c) Mercury Reduction in Fish -
Continuation 200,000
This appropriation is from the trust
fund to the commissioner of the
pollution control agency for a contract
with the University of Minnesota to
complete pilot studies testing mercury
reduction in fish for Minnesota
waters. Grant requests to supplement
this appropriation must be submitted to
the United States Environmental
Protection Agency and the results
reported to the legislative commission
on Minnesota resources.
(d) Stream Flow Protection 280,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to collect stream
habitat data (width, depth, velocity,
substrate, water elevation) in up to 39
watersheds to develop community-based
flows that protect stream resources.
This project must comply with the data
compatibility requirements set forth in
subdivision 15.
(e) The South Central Minnesota
Groundwater Contamination
Susceptibility Project -
Continuation 290,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
Mankato state university to couple
surface hydrology, subsurface geology,
and hydrogeology for environmental
analysis to assess present
environmental conditions, establish
benchmarks, and develop regional
priorities for south central
Minnesota. This project must comply
with the data compatibility
requirements set forth in subdivision
14.
(f) White Bear Lake Levels
Feasibility Study 228,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to install additional
observation wells at White Bear Lake
($50,000), to study lake and
groundwater relationships, to conduct a
feasibility study to address lake level
issues ($50,000), and to abandon or
retrofit existing augmentation wells
($128,000).
(g) County Geologic Atlases
and Regional Hydrogeologic
Assessments - Continuation 850,000
$425,000 is from the trust fund to the
University of Minnesota, Minnesota
geologic survey, and $425,000 is from
the trust fund to the commissioner of
natural resources to expand production
of county geologic atlases and regional
hydrogeologic assessments. This
project must comply with the data
compatibility requirements set forth in
subdivision 14.
(h) Septic System Replacement for
Water Related Tourism Businesses 500,000
This appropriation is from the future
resources fund to the commissioner of
trade and economic development to
provide matching grants of up to
$10,000 to resorts and related tourism
businesses located on lakes and rivers
for replacement of failing or
nonconforming septic systems.
Businesses that begin replacement of
failing or nonconforming septic systems
after the effective date of this act
are eligible for these grants.
(i) Optical Brighteners:
Indicators of Sewage
Contamination of Groundwaters 157,000
This appropriation is from the future
resources fund to the commissioner of
the pollution control agency for a
contract with Dakota county to study
the correlation of optical brighteners
present in domestic sewage from
detergent use with nonagricultural
nitrogen as interferences with atrazine
detection.
Subd. 12. Wildlife, Fisheries, Plants
(a) Reinvest in Minnesota -
Critical Habitat Match, Scientific
and Natural Area, Wildlife, and
Prairie Acquisition 4,000,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate the reinvest in
Minnesota program. $2,600,000 is to
protect and improve critical fish,
wildlife, and native plant habitat
through critical habitat match;
$1,000,000 is to acquire land for
scientific and natural areas; $300,000
is to acquire North American waterfowl
management plan projects; and $100,000
is to acquire prairie bank easements to
protect native prairie on private lands.
(b) Reinvest in Minnesota -
Wildlife Habitat Stewardship and
Property Development 900,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate the reinvest in
Minnesota program, to develop state
land, to protect wildlife and native
plant populations, restore native plant
communities, and enhance wildlife
habitat.
(c) Reinvest in Minnesota -
Statewide Fisheries Habitat
Development 687,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate the reinvest in
Minnesota program through the
development of trout, walleye, and
smallmouth bass habitat in streams,
removal of the Flandrau dam on the
Cottonwood river to allow migration of
fish, and the installation of aeration
systems on winterkill-prone lakes.
(d) Establishment of Critical
Winter Habitat Areas on
Intensively Farmed Land 100,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
Pheasants Forever, Inc., to acquire and
establish areas of critical winter
habitat for wildlife on farmland in
Scott county. This appropriation must
be matched by $60,000 nonstate funds.
(e) Wild Turkey Hunting
Safety/Education 39,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the wild turkey federation to develop a
program to promote safety in the sport
of wild turkey hunting, to minimize
accidents, and improve hunter/landowner
relationships.
(f) Niemackl Watershed Restoration 500,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for the restoration
of the Niemackl watershed by
improvement of water quality, flood
reduction, fish and wildlife habitat,
and recreation through citizen
participation with federal, state, and
local governments, and nongovernment
agencies. $200,000 is available to
begin the project and the remaining
$300,000 is contingent on a match of
$300,000 of nonstate funds.
(g) Deer Critical Habitat
Survey - Koochiching County 75,000
This appropriation is from the future
resources fund to the commissioner of
natural resources in cooperation with
Koochiching county to conduct an
intensive survey of deer winter cover
in Koochiching county to identify
critical habitat for deer for improved
timber management and for deer
population management. This
appropriation must be matched by $5,000
of nonstate funds.
(h) Reinvest in Minnesota -
Fisheries Acquisition for Angler
Access and Habitat Development 300,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate the reinvest in
Minnesota program. $50,000 is for
trout stream easements; $50,000 is for
warm water stream easements; and
$200,000 is for aquatic management
areas acquisition.
(i) Establishing Goose Nesting
Sites in Northern Minnesota and
Relocation of Giant Canada Goslings 21,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
Geese International, Inc., to
manufacture and place 160 permanent
goose nesting sites in the Squaw Lake
and Baudette areas and to purchase a
four-wheel drive vehicle capable of
towing a trailer for 400 goslings.
This appropriation must be matched by
$31,890 from Geese International, Inc.
(j) Prairie Ecosystem Restoration
in the Minneapolis Park System 60,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the Minneapolis park and recreation
board to restore and rehabilitate the
remnant, secondary, and introduced
prairie tracts in the Minneapolis park
system. This appropriation must be
matched by $60,000 from nonstate funds.
(k) Theodore Wirth Park Tamarack
Bog Preservation Project 40,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the People for Minneapolis Parks fund
in cooperation with the Minneapolis
park and recreation board to restore
the Theodore Wirth park tamarack bog,
improve the access trail, construct a
boardwalk, and develop and install
self-guided interpretive signage.
(l) Biological Control of
Eurasian Water Milfoil and
Purple Loosestrife 400,000
This appropriation is from the trust
fund to the commissioner of natural
resources to research biological
control for purple loosestrife and
Eurasian water milfoil. The purple
loosestrife research must be done in
cooperation with the commissioner of
agriculture. $100,000 is for the
propagation, release, and evaluation of
insects for purple loosestrife control;
$50,000 is for the development of
mycoherbicides to control purple
loosestrife; $200,000 is for evaluation
of biocontrol agents for Eurasian water
milfoil fungi and insects; and $50,000
is to research the biology of Eurasian
water milfoil. The $250,000 for
Eurasian water milfoil must be matched
by $200,000 of nonstate funds.
(m) Replacement of Eurasian
Water Milfoil with Native Minnesota
Plants 40,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the White Bear Lake conservation
district to research the replanting of
areas treated for Eurasian water
milfoil with native aquatic plants.
(n) Integrated Control of
Purple Loosestrife 90,000
This appropriation is from the future
resources fund to the commissioner of
agriculture in cooperation with the
commissioner of natural resources to
accelerate evaluation of integrated
biological control agents for purple
loosestrife infestations in Houston,
Hennepin, Wabasha, and Goodhue counties.
(o) Ecological Impacts of
Releasing Genetically Engineered
Fishes 175,000
This appropriation is from the trust
fund to the commissioner of agriculture
in cooperation with the commissioner of
natural resources for a contract with
the University of Minnesota to assess
impacts of the release of genetically
engineered fish on Minnesota's game
fish and aquatic ecosystems and
formulate recommendations to reduce
detrimental impacts through measurement
of bioenergetic and behavioral traits.
Subd. 13. MFRF Contingent Account
If cancellations or increased revenue,
or both, create an excess balance in
the future resources fund, up to
$600,000 for the biennium is
appropriated from the fund for
acquisition or development of state
land or other projects that are part of
a natural resources acceleration
activity, when deemed to be of an
emergency or critical nature. This
appropriation is also available for
projects initiated by the legislative
commission on Minnesota resources that
are found to be proper in order for the
commission to carry out its legislative
charge.
This appropriation is not available
until the legislative commission on
Minnesota resources has made a
recommendation to the legislative
advisory commission regarding each
expenditure from the account. The
legislative advisory commission must
then hold a meeting and provide its
recommendation on each item, which may
be spent only with the approval of the
governor.
Subd. 14. Data Compatibility
Requirements
During the biennium ending June 30,
1995, the data collected by the
projects funded under this section that
have common value for natural resource
planning and management must conform to
information architecture as defined in
guidelines and standards adopted by the
information policy office. Data review
committees may be established to
develop or comment on plans for data
integration and distribution and shall
submit semiannual status reports to the
legislative commission on Minnesota
resources on their findings. In
addition, the data must be provided to
and integrated with the Minnesota land
management information center's
geographic data bases with the
integration costs borne by the activity
receiving funding under this section.
Subd. 15. Work Program
It is a condition of acceptance of the
appropriations in this section that any
agency or entity receiving the
appropriation must submit a work
program and semiannual progress reports
in the form determined by the
legislative commission on Minnesota
resources. None of the money provided
may be spent unless the commission has
approved the pertinent work program.
Subd. 16. Temporary Positions
Persons employed by a state agency and
paid by an appropriation in this
section are in the unclassified civil
service, and their continued employment
is contingent upon the availability of
money from the appropriation. The
positions are in addition to any other
approved complement for the agency.
Part-time employment of persons is
authorized.
Subd. 17. Match Requirements
Appropriations in this section that
must be matched and for which the match
has not been committed by January 1,
1994, must be canceled.
Subd. 18. Purchase of Recycled
and Recyclable Materials
A political subdivision, public or
private corporation, or other entity
that receives an appropriation in this
section must use the appropriation in
compliance with Minnesota Statutes,
sections 16B.121 to 16B.125, regarding
the purchase of recycled, repairable,
and durable materials, the purchase of
uncoated paper stock, and the use of
soy-based ink, the same as if it were a
state agency.
Subd. 19. Carryforward
The appropriation in Laws 1991, chapter
254, article 1, section 14, subdivision
7, paragraph (e), Private Forest
Management Oak Regeneration, is
available until December 31, 1993.
Sec. 15. AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE 3,958,000 3,930,000
$28,000 the first year is appropriated
from the general fund for a grant to
the southwest regional development
commission to pay for the planning and
final system design for connecting four
rural water systems to the federal
Lewis and Clark Rural Water System.
Any funds not spent in the first year
may be spent in the second year.
Sec. 16. PUBLIC FACILITIES AUTHORITY $150,000 $150,000
$150,000 the first year and $150,000
the second year are for the individual
on-site treatment program under
Minnesota Statutes, section 116.18,
subdivision 3c. In awarding grants,
the public facilities authority shall
give priority to projects within the
Minnesota river watershed.
The commissioner of the pollution
control agency shall report to the
legislative committees on environment
and natural resources by December 15,
1993, on the advisability and
feasibility of expanding the individual
on-site treatment systems program under
Minnesota Statutes, section 116.18,
subdivision 3c, to include areas
outside municipalities. The report
must include an assessment of
alternative means of providing
assistance to individuals for on-site
treatment systems.
Sec. 17. COMMERCE 200,000
This appropriation is from the landfill
cleanup account in the environmental
fund for development of the insurance
buyout formula under section 88.
Sec. 18. [TRANSFERS.]
Subdivision 1. [GENERAL PROCEDURE.] If the appropriation
in this act to an agency in the executive branch is specified by
program, the agency may transfer unencumbered balances among the
programs specified in that section after getting the approval of
the commissioner of finance. The commissioner shall not approve
a transfer unless the commissioner believes that it will carry
out the intent of the legislature. The transfer must be
reported immediately to the committee on finance of the senate
and the committee on ways and means of the house of
representatives. If the appropriation in this act to an agency
in the executive branch is specified by activity, the agency may
transfer unencumbered balances among the activities specified in
that section using the same procedure as for transfers among
programs.
Subd. 2. [TRANSFER PROHIBITED.] If an amount is specified
in this act for an item within an activity, that amount must not
be transferred or used for any other purpose.
Sec. 19. [INFORMATION POLICY OFFICE (IPO) APPROVAL.]
Appropriations for information systems shall not be
allotted until the commissioner of the agency certifies to the
commissioner of finance that all IPO project requirements have
been met or will be met. If the appropriation for either year
is insufficient, the appropriation for the other year is
available.
Sec. 20. [TRANSFER OF RESPONSIBILITIES TO COMMISSIONER OF
NATURAL RESOURCES.]
The responsibilities of the commissioner of trade and
economic development relating to conservation and recreation
grants under Minnesota Statutes, sections 116J.401, clause (5),
and 116J.406, are transferred to the commissioner of natural
resources under Minnesota Statutes, section 15.039.
Sec. 21. Minnesota Statutes 1992, section 17.59,
subdivision 5, is amended to read:
Subd. 5. [COMMODITIES RESEARCH AND PROMOTION ACCOUNT.] All
fees collected by the department under sections 17.51 to 17.69
and any other fees and income received by the department in the
administration of these statutes shall be deposited in a
separate account known as the commodity research and promotion
account in the special revenue fund. These funds shall be
appropriated to the department for the purpose of defraying the
expenses of administering and enforcing the sections listed in
this subdivision.
Sec. 22. Minnesota Statutes 1992, section 17A.11, is
amended to read:
17A.11 [FEES FOR LIVESTOCK WEIGHING.]
The commissioner shall prescribe the fee necessary to cover
the cost of state weighing, to be assessed and collected from
the seller in the manner the commissioner may prescribe. The
fee assessed must be the same, and the manner of collection of
the fee must be uniform at all facilities. At any location
where state weighing is performed in accordance with this
chapter and the total annual fees collected are insufficient to
pay the cost of the weighing, the annual deficit shall be
assessed and collected in the manner the commissioner may
prescribe. Additional money arising from the weighing of
animals by the commissioner, which has been collected and
retained by any person, shall be paid on demand to the
commissioner. All money collected by the commissioner shall be
deposited in the state treasury and credited to the livestock
weighing fund, and shall be paid out only on the order of the
commissioner and the state's warrant.
Sec. 23. Minnesota Statutes 1992, section 18B.05,
subdivision 2, is amended to read:
Subd. 2. [ANNUAL APPROPRIATION EXPENDITURES.] Subject to
appropriation by the legislature, money in the account,
including the amount of interest attributable to money in the
account and any money appropriated for the purposes of this
chapter, is annually appropriated to may be used by the
commissioner for the administration and enforcement of this
chapter.
Sec. 24. Minnesota Statutes 1992, section 18C.131, is
amended to read:
18C.131 [FERTILIZER INSPECTION ACCOUNT.]
A fertilizer inspection account is established in the state
treasury. The fees collected under this chapter and interest
attributable to money in the account must be deposited in the
state treasury and credited to the fertilizer inspection
account. Money in that account, including interest earned and
money appropriated for the purposes of this chapter, is annually
appropriated to the commissioner for the administration of this
chapter.
Sec. 25. Minnesota Statutes 1992, section 21.115, is
amended to read:
21.115 [FEES; SEED POTATO INSPECTION FUND.]
The commissioner shall fix the fees for all inspections and
certifications in such amounts as from time to time may be found
necessary to pay the expenses of carrying out and enforcing the
purposes of sections 21.111 to 21.122, with a reasonable
reserve, and shall require the same to be paid before such
inspections or certifications are made. All moneys collected as
fees or as penalties for violations of any of the provisions of
such sections shall be paid into the state treasury and therein
credited to the seed potato inspection fund of the commissioner,
which fund is hereby created and appropriated for carrying out
the purposes of such sections. Interest, if any, received on
deposits of these moneys shall be credited to such fund, and
there shall be paid into this fund any sum provided by the
legislature for the purpose of carrying out the provisions of
such sections.
Sec. 26. Minnesota Statutes 1992, section 21.92, is
amended to read:
21.92 [SEED INSPECTION FUND.]
There is established in the state treasury an account known
as the seed inspection fund. Fees and penalties collected by
the commissioner under sections 21.80 to 21.92 and interest
attributable to money in the account shall be deposited into
this account. The rates at which the fees are charged may be
adjusted pursuant to section 16A.128. Money in this account,
including interest earned and any appropriations made by the
legislature for the purposes of sections 21.80 to 21.92, is
annually appropriated to the commissioner for the administration
and enforcement of sections 21.80 to 21.92.
Sec. 27. Minnesota Statutes 1992, section 25.39,
subdivision 4, is amended to read:
Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A
commercial feed inspection account is established in the state
treasury. Fees and penalties collected under sections 25.35 to
25.44 and interest attributable to money in the account must be
deposited in the state treasury and credited to the commercial
feed inspection account. Money in that account, including
interest earned and money appropriated for the enforcement and
administration of sections 25.35 to 25.44, is annually
appropriated to the commissioner for the administration and
enforcement of sections 25.35 to 25.44.
Sec. 28. Minnesota Statutes 1992, section 27.07,
subdivision 6, is amended to read:
Subd. 6. [COOPERATIVE AGREEMENTS; FEES; ACCOUNT.] The
commissioner may collect fees as provided for in cooperative
agreements between the commissioner and the United States
Department of Agriculture for the inspection of fresh fruits,
vegetables, and other products. The fees and interest
attributable to money in the account must be deposited in the
state treasury and credited to a fruit and vegetables inspection
account. The money in the account, including interest earned,
is appropriated to the commissioner to carry out the cooperative
agreements.
Sec. 29. Minnesota Statutes 1992, section 32.394,
subdivision 9, is amended to read:
Subd. 9. [PAYMENTS; REFUNDS; DISPOSITION.] Fees are
payable by a processor or marketing organization by July 1 of
each year for Grade A, and by January 1 of each year for
manufacturing grade, and if not paid within 30 days of the due
date, the service must be discontinued, and permission to market
manufacturing grade or Grade A milk or milk products or use the
Grade A label must be withdrawn. A processor may terminate
payment and service without loss of the Grade A label if written
notice of that intention is given prior to the due date of the
payment of an assessment and if the continuous inspection of the
plant is assumed by a city whose milk control ordinance is
substantially equivalent to Minnesota law and rule and is
enforced with equal effectiveness. If a farm discontinues the
production of milk within six months of the billing date, a
request for a refund based on inspection services not received
may be made by the processor or by the marketing organization on
behalf of its patrons. This request must be made in writing by
July 1 for manufacturing grade, or by December 31 for Grade A,
and on approval by the commissioner refunds must be made to the
processor or marketing organization.
The fees for services performed by the activities of this
section must be deposited in the state treasury and constitute a
separate account to be known as the milk inspection service
account, which is hereby created, set aside, and appropriated as
a revolving fund to be used to help to defray the cost of
administration, refunds and expenses of the preliminary and
continuous milk inspection services and is in addition to and
not in substitution for the sums appropriated or otherwise made
available for this purpose to the department of agriculture.
Sec. 30. Minnesota Statutes 1992, section 41A.09,
subdivision 1, is amended to read:
Subdivision 1. [APPROPRIATION.] A sum sufficient to make
the payments required by this section is annually appropriated
from the general fund to the commissioner of revenue agriculture
and all money so appropriated is available until expended.
Sec. 31. Minnesota Statutes 1992, section 41A.09,
subdivision 3, is amended to read:
Subd. 3. [PAYMENTS FROM ACCOUNT.] The commissioner of
revenue agriculture shall make cash payments from the account to
producers of ethanol or wet alcohol located in the state. These
payments shall apply only to ethanol or wet alcohol fermented in
the state. The amount of the payment for each producer's annual
production shall be as follows:
(a) For each gallon of ethanol produced on or before June
30, 2000, 20 cents per gallon.
(b) For each gallon produced of wet alcohol on or before
June 30, 2000, a payment in cents per gallon calculated by the
formula "alcohol purity in percent divided by five," and rounded
to the nearest cent per gallon, but not less than 11 cents per
gallon. The producer payment for wet alcohol under this section
may be paid to either the original producer of wet alcohol or
the secondary processor, at the option of the original producer,
but not to both.
(c) The total payments from the account to all producers
during the period beginning July 1, 1991, and ending June 30,
1993 may not exceed $8,550,000. This amount may be paid in
either fiscal year of the biennium. Total payments from the
account to any producer in each fiscal year may not exceed
$3,000,000.
(d) The total payments from the account to all producers
may not exceed $10,000,000 in any fiscal year during the period
beginning July 1, 1993, and ending June 30, 2000. Total
payments from the account to any producer in any fiscal year may
not exceed $3,000,000.
By the last day of October, January, April, and July, each
producer shall file a claim for payment for production during
the preceding three calendar months. The volume of production
must be verified by a certified financial audit performed by an
independent certified public accountant using generally accepted
accounting procedures.
Payments shall be made November 15, February 15, May 15,
and August 15.
Sec. 32. Minnesota Statutes 1992, section 84.027, is
amended by adding a subdivision to read:
Subd. 11. [FEDERAL CONSERVATION GRANTS.] The commissioner
of natural resources shall receive and administer grants under
the land and water conservation grant program authorized by
Congress in the Land and Water Conservation Fund Act of 1965, as
amended.
Sec. 33. Minnesota Statutes 1992, section 84B.11,
subdivision 1, is amended to read:
Subdivision 1. The governor shall appoint, except for the
legislative members, a citizen's council on Voyageurs National
Park, consisting of 17 members as follows:
Four residents of Koochiching county;
Four residents of St. Louis county;
Five residents of the state at large from outside
Koochiching and St. Louis counties;
Two members of the state senate to be appointed by the
committee on committees;
Two members of the state house of representatives to be
appointed by the speaker of the house.
The governor shall designate one of the appointees to serve
as chair and the committee may elect such other officers as it
deems necessary. Members shall be appointed so as to represent
differing viewpoints and interest groups on the facilities
included in and around the park. Legislator members shall serve
for the term of the legislative office to which they were
elected. The terms, compensation and removal of nonlegislator
members, and expiration of the council shall be as provided in
section 15.059. Notwithstanding section 15.059, subdivision 5,
the council shall continue to exist.
Sec. 34. [CUYUNA COUNTRY STATE RECREATION AREA.]
Subdivision 1. [85.013] [Subd. 5c.] [CUYUNA COUNTRY STATE
RECREATION AREA.] Cuyuna country state recreation area is
established in Crow Wing county.
Subd. 2. [ACQUISITION.] The commissioner of natural
resources is authorized to acquire by gift or purchase the lands
for Cuyuna country state recreation area. The commissioner must
manage the area for multiple recreational use, including
allowance of hunting, and provide for limited timber harvesting.
Subd. 3. [MINING.] The commissioner shall recognize the
possibility that mining may be conducted in the future within
the Cuyuna country state recreation area, and that use of
portions of the surface estate and control of the flowage of
water may be necessary for future mining operations.
Subd. 4. [ADVISORY COMMITTEE.] (a) A local area advisory
committee is established to provide direction on the
establishment, planning, development, and operation of the
Cuyuna country state recreation area.
(b) Membership on the advisory committee shall include:
(1) a representative of the Cuyuna range mineland
recreation area joint powers board;
(2) a representative of the Croft Mine historical park
joint powers board;
(3) a designee of the Cuyuna range mineland reclamation
committee who has worked as a miner in the local area;
(4) a representative of the Crow Wing county board;
(5) a state representative appointed by the speaker of the
house of representatives;
(6) a state senator appointed by the senate committee on
committees;
(7) a representative of the Brainerd regional office of the
department of natural resources;
(8) a designee of the Iron Range resources and
rehabilitation board;
(9) a designee of the local business community selected by
the area chambers of commerce;
(10) a designee of the local environmental community
selected by the Cuyuna country conservation club;
(11) a designee of a local education organization selected
by the school board; and
(12) a designee of the local tourism community selected by
the Cuyuna country tourism group.
(c) The advisory committee shall elect its own chair and
meetings shall be at the call of the chair.
(d) The advisory committee shall serve as volunteers and
accept no per diem.
Subd. 5. [MANAGEMENT PLAN.] The commissioner and local
area advisory committee must cooperatively develop a
comprehensive management plan that provides for multiple use
recreation, protection of natural resources, allowance of
hunting, snowmobiling, horse trails and forest management,
interpretation of cultural and historic resources, land
acquisition needs, fee structure, and road and facility
development. The completed management plan shall serve as the
master plan for purposes of Minnesota Statutes, section 86A.09.
Subd. 6. [BOUNDARIES.] The following described lands are
located within the boundaries of Cuyuna country state recreation
area:
That part of Crow Wing county, Minnesota, lying within:
Section 1, Township 46 North, Range 29 West.
EXCEPT that part of the Northwest Quarter lying west of the
easterly right-of-way line of the Soo Line Railroad.
EXCEPT the South Half of the Southeast Quarter.
EXCEPT that part of the SE1/4 of the SW1/4 lying east of
the easterly line of the Croft Mine Tract.
The Southeast Quarter of Section 2, Township 46 North, Range 29
West.
All of Sections 3 and 4, Township 46 North, Range 29 West.
EXCEPT Government Lot 2, Section 4, Township 46, Range 29.
That part of Section 5, Township 46 North, Range 29 West, lying
southeasterly of the existing Township Road running through said
Section 5.
Section 8, Township 46 North, Range 29 West.
EXCEPT the Southwest Quarter.
EXCEPT the South Half of the Northwest Quarter.
EXCEPT that part of the North Half of the Northwest
Quarter, lying west of an existing Township Road thereof.
All of Section 9, Township 46 North, Range 29 West.
Section 10, Township 46 North, Range 29 West.
EXCEPT the East Half of the Southeast Quarter.
EXCEPT the SW1/4 of the SE1/4.
EXCEPT the SE1/4 of the SW1/4 thereof.
Section 11, Township 46 North, Range 29 West.
EXCEPT the South Half.
EXCEPT the South Half of the Northeast Quarter.
EXCEPT the SE1/4 of the NW1/4.
EXCEPT the North Half of the North Half of the Northwest
Quarter.
EXCEPT that part of the NE1/4 of the NE1/4 lying
southeasterly of the easterly right-of-way line of the railroad
thereof.
That part of Section 16, Township 46 North, Range 29 West, lying
northwest of Black Hoof Lake.
Section 19, Township 46 North, Range 29 West.
EXCEPT that part of the Southeast Quarter, lying southerly
of the northerly right-of-way line of an existing Township Road.
That part of Section 34, Township 47 North, Range 29 West,
bounded as follows:
On the North by the southerly right-of-way line of County
State-Aid Highway No. 30.
On the West by the easterly right-of-way line of County
State-Aid Highway No. 34.
On the East by the east line of said Section 34.
On the South by the south line of said Section 34.
That part of Section 33, Township 47 North, Range 29 West, lying
southeasterly of the easterly right-of-way line of County
State-Aid Highway No. 34.
Subject to easements of record for the following County
Roads. An easement for C.S.A.H. No. 31 right-of-way purposes
over, under and across the east line of said Section 1, also
C.S.A.H. No. 30 easement for right-of-way purposes over, under
and across the West Half of the Northwest Quarter and the
Section line between said Sections 2 and 3, Township 46 North,
Range 29 West and the Section line between Sections 34 and 35,
Township 47 North, Range 29 West, also for County Road No. 128
right-of-way purposes over, under and across the Section line
between said Sections 16 and 17 and between Sections 8 and 17,
also C.S.A.H. No. 34 right-of-way purposes over, under and
across the Section line between said Sections 4 of Township 46
North, Range 29 West and Section 33 of Township 47 North, Range
29 West; subject to an easement of record for State Highway No.
6 right-of-way purposes over, under and across the East Half of
the Southwest Quarter of said Section 1 and the Section line
between said Sections 1 and 2; subject to any other easements,
reservations and restrictions of record; subject to an easement
for City of Ironton Street right-of-way purposes over, under and
across the SW1/4 of the NW1/4 in Section 11, Township 46 North,
Range 29 West, according to the recorded plat thereof.
Subject to easements of record for the following state
roads, all Trunk Highway 6 and Trunk Highway 210 rights-of-way,
in fee or easement, in the described land are exempted.
Subd. 7. [FEE.] Notwithstanding Minnesota Statutes,
section 85.053, subdivision 2, no fee may be charged by the
commissioner for use of the Cuyuna country state recreation area
before May 1, 1994.
Subd. 8. [ADOPT-A-RECREATION AREA.] The commissioner must
utilize Minnesota Statutes, section 85.045, as much as possible
in development and operation of the Cuyuna country state
recreation area.
Sec. 35. [85.019] [GRANTS-IN-AID FOR RECREATIONAL
BETTERMENT.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the terms in this subdivision have the meanings given,
except as otherwise expressly provided or indicated by the
context.
(b) "Athletic courts" means special surface area and
supporting equipment or structures, such as nets, hoops, and
walls, that can be used for active games that have definite
boundaries and are played on a marked surface, limited to
basketball, volleyball, handball, and tennis.
(c) "Metropolitan council" and "metropolitan area" have the
meanings given in section 473.121.
(d) "Unit of government" means a county, city and home rule
charter city, town, school district, public post-secondary
educational institution, special park district, or an elected
park and recreation board having control over parks, parkways,
playgrounds, and trees in a city of the first class.
Subd. 2. [GRANTS FOR PARKS AND TRAILS.] The commissioner
shall administer a program to provide grants to units of
government located within standard metropolitan statistical
areas, as designated by the United States Office of Management
and Budget, but outside of the metropolitan area defined in
section 473.121. The grants shall be for acquisition and
betterment by units of government of public land and
improvements needed for parks, trails, conservatories, zoos, and
other special use facilities having recreational significance
for the entire population of the particular standard
metropolitan statistical area. Appropriations made for this
purpose shall be expended with the approval of the governor
after consultation with the legislative advisory commission.
The legislative commission on Minnesota resources shall make
recommendations to the legislative advisory commission regarding
the expenditures. The local contribution required shall be not
less than ten percent. The program shall be administered so as
to ensure the maximum possible use of available federal money.
Subd. 3. [GRANTS FOR TRAILS IN LOCAL PARKS.] The
commissioner shall administer a program to provide grants to
units of government for the betterment of public land and
improvements needed for recreational trails in parks owned and
operated by units of government. A grant shall not exceed 40
percent of the costs of the betterment of the trail. To be
eligible for a grant, a unit of government must provide at least
ten percent of the cost of the betterment of the trail.
Subd. 4. [GRANTS FOR LOCAL OUTDOOR ATHLETIC COURTS.] The
commissioner shall administer a program to provide grants to
units of government for the betterment of public land and
improvements needed for local athletic courts. A grant may not
exceed 50 percent of the costs of the betterment of the athletic
court. To be eligible for a grant, a unit of government must
provide at least 50 percent of the costs of the betterment of
the athletic court. In making grants the commissioner shall
consider, among other factors, evidence of cooperation between
units of government, local need and available financial
resources, and court locations that encourage maximum use,
patronage, and availability.
Subd. 5. [POWERS; RULES.] The commissioner has all powers
necessary and convenient to establish programs for recreational
betterment grants-in-aid for parks, trails, and athletic courts
under this section, including the authority to adopt rules for
the program under chapter 14.
Sec. 36. Minnesota Statutes 1992, section 85.045,
subdivision 2, is amended to read:
Subd. 2. [PURPOSE.] The purpose of the program is to
encourage business and civic groups or individuals to assist, on
a volunteer basis, in improving and maintaining state parks,
state recreation areas, monuments, historic sites, and trails.
Sec. 37. Minnesota Statutes 1992, section 85.22,
subdivision 2a, is amended to read:
Subd. 2a. [RECEIPTS, APPROPRIATION.] All receipts derived
from the rental or sale of state park items and operation of
Douglas Lodge shall be deposited in the state treasury and be
credited to the state parks working capital account. Receipts
and expenses from Douglas Lodge shall be tracked separately
within the account. Money in the account is annually
appropriated for the purchase and payment of expenses
attributable to items for resale or rental and operation of
Douglas Lodge. Any excess receipts in this account are annually
appropriated for state park management and interpretive programs.
Sec. 38. Minnesota Statutes 1992, section 86A.04, is
amended to read:
86A.04 [COMPOSITION OF SYSTEM.]
The outdoor recreation system shall consist of all natural
state parks; recreational state parks recreation areas; state
trails established pursuant to sections 84.029, subdivision 2,
and 85.015; state scientific and natural areas; state wilderness
areas; state forests; state wildlife management areas; state
water access sites, which include all lands and facilities
established by the commissioner of natural resources or the
commissioner of transportation to provide public access to
water; state wild, scenic, and recreational rivers; state
historic sites; and state rest areas, which include all
facilities established by the commissioner of transportation for
the safety, rest, comfort and use of the highway traveler, and
shall include all existing facilities designated as rest areas
and waysides by the commissioner of transportation. Each
individual natural state park, recreational state park
recreation area, and so forth is called a "unit."
Sec. 39. Minnesota Statutes 1992, section 86A.05,
subdivision 2, is amended to read:
Subd. 2. [NATURAL STATE PARK; PURPOSE; RESOURCE AND SITE
QUALIFICATIONS; ADMINISTRATION.] (a) A natural state park shall
be established to protect and perpetuate extensive areas of the
state possessing those resources which illustrate and exemplify
Minnesota's natural phenomena and to provide for the use,
enjoyment, and understanding of such resources without
impairment for the enjoyment and recreation of future
generations.
(b) No unit shall be authorized as a natural state park
unless its proposed location substantially satisfies the
following criteria:
(1) Exemplifies the natural characteristics of the major
landscape regions of the state, as shown by accepted
classifications, in an essentially unspoiled or restored
condition or in a condition that will permit restoration in the
foreseeable future; or contains essentially unspoiled natural
resources of sufficient extent and importance to meaningfully
contribute to the broad illustration of the state's natural
phenomena; and
(2) Contains natural resources, sufficiently diverse and
interesting to attract people from throughout the state; and
(3) Is sufficiently large to permit protection of the plant
and animal life and other natural resources which give the park
its qualities and provide for a broad range of opportunities for
human enjoyment of these qualities.
(c) Natural State parks shall be administered by the
commissioner of natural resources in a manner which is
consistent with the purposes of this subdivision to preserve,
perpetuate, and interpret natural features that existed in the
area of the park prior to settlement and other significant
natural, scenic, scientific, or historic features that are
present. Management shall seek to maintain a balance among the
plant and animal life of the park and to reestablish desirable
plants and animals that were formerly indigenous to the park
area but are now missing. Programs to interpret the natural
features of the park shall be provided. Outdoor recreation
activities to utilize the natural features of the park that can
be accommodated without material disturbance of the natural
features of the park or the introduction of undue artificiality
into the natural scene may be permitted. Park use shall be
primarily for aesthetic, cultural, and educational purposes, and
shall not be designed to accommodate all forms or unlimited
volumes of recreational use. Physical development shall be
limited to those facilities necessary to complement the natural
features and the values being preserved.
Sec. 40. Minnesota Statutes 1992, section 86A.05,
subdivision 3, is amended to read:
Subd. 3. [RECREATIONAL STATE PARK RECREATION AREA;
PURPOSE; RESOURCE AND SITE QUALIFICATIONS; ADMINISTRATION.] (a)
A recreational state park recreation area shall be established
to provide a broad selection of outdoor recreation opportunities
in a natural setting which may be used by large numbers of
people.
(b) No unit shall be authorized as a recreational state
park recreation area unless its proposed location substantially
satisfies the following criteria:
(1) Contains natural or artificial resources which provide
outstanding outdoor recreational opportunities that will attract
visitors from beyond the local area;
(2) Contains resources which permit intensive recreational
use by large numbers of people; and
(3) May be located in areas which have serious deficiencies
in public outdoor recreation facilities, provided that
recreational state parks recreation areas should not be provided
in lieu of municipal, county, or regional facilities.
(c) Recreational State parks recreation areas shall be
administered by the commissioner of natural resources in a
manner which is consistent with the purposes of this subdivision
primarily to provide as broad a selection of opportunities for
outdoor recreation as is consistent with maintaining a pleasing
natural environment. Scenic, historic, scientific, scarce, or
disappearing resources within recreational state parks
recreation areas shall be recommended for authorization as
historic sites or designated scientific and natural areas
pursuant to section 86A.08 to preserve and protect them.
Physical development shall enhance and promote the use and
enjoyment of the natural recreational resources of the area.
Sec. 41. Minnesota Statutes 1992, section 86A.08,
subdivision 1, is amended to read:
Subdivision 1. [SECONDARY AUTHORIZATION; WHEN PERMITTED.]
A unit of the outdoor recreation system may be authorized wholly
or partially within the boundaries of another unit only when the
authorization is consistent with the purposes and objectives of
the respective units and only in the instances permitted below:
(a) The following units may be authorized wholly or
partially within a natural state park: historic site,
scientific and natural area, wilderness area, wild, scenic, and
recreational river, trail, rest area, and water access site.
(b) The following units may be authorized wholly or
partially within a recreational state park recreation area:
historic site, scientific and natural area, wild, scenic, and
recreational river, trail, rest area, and water access site.
(c) The following units may be authorized wholly or
partially within a state forest: natural state park,
recreational state park recreation area, historic site, wildlife
management area, scientific and natural area, wilderness area,
wild, scenic, and recreational river, trail, rest area, and
water access site.
(d) The following units may be authorized wholly or
partially within a state historic site: wild, scenic, and
recreational river, trail, rest area, and water access site.
(e) The following units may be authorized wholly or
partially within a state wildlife management area: state water
access site.
(f) The following units may be authorized wholly or
partially within a state wild, scenic, or recreational river:
natural state park, historic site, scientific and natural area,
wilderness area, trail, rest area, and water access site.
(g) The following units may be authorized wholly or
partially within a state rest area: historic site, trail, wild,
scenic, and recreational river, and water access site.
Sec. 42. Minnesota Statutes 1992, section 88.79,
subdivision 2, is amended to read:
Subd. 2. [CHARGE FOR SERVICE; RECEIPTS TO GENERAL SPECIAL
REVENUE FUND.] The commissioner of natural resources may charge
the owner receiving such services such sums as the commissioner
shall determine to be fair and reasonable. The charges must
account for differences in the value of timber. The receipts
from such services shall be credited to the general special
revenue fund and are annually appropriated to the commissioner
for the purposes specified in subdivision 1.
Sec. 43. Minnesota Statutes 1992, section 90.031,
subdivision 4, is amended to read:
Subd. 4. The executive council may formulate and
establish, from time to time, rules it deems advisable for the
transaction of timber business of the state, including approval
of the sale of timber on any tract in a lot exceeding
$20,000 $50,000 when the sale is in the best interests of the
state, and may abrogate, modify, or suspend rules at its
pleasure.
Sec. 44. Minnesota Statutes 1992, section 90.041, is
amended by adding a subdivision to read:
Subd. 6. The commissioner may sell at public auction
timber that has been damaged by fire, windstorm, flood, or other
natural cause on notice that the commissioner considers
reasonable when there is a high risk that the salvage value of
the timber would be lost.
Sec. 45. Minnesota Statutes 1992, section 90.101,
subdivision 1, is amended to read:
90.101 [TIMBER SOLD AT PUBLIC AUCTION, MAXIMUM LOTS OF
$20,000 $50,000.]
Subdivision 1. The commissioner may sell the timber on any
tract of state land in lots not exceeding $20,000 $50,000 in
appraised value and may determine the number of sections or
fractional sections of land to be covered by any one permit
issued to the purchaser of timber on state lands, or in any one
contract or other instrument relating thereto. No timber shall
be sold, except (1) to the highest bidder at public auction, or
(2) if unsold at public auction the commissioner may offer the
timber for private sale for a period of no more than 90 days
after the public auction to any person who pays the appraised
value for the timber. The minimum price shall be the appraised
value as fixed by the report of the state appraiser. All sales
shall be held in the county in which the tract is located. In
adjoining counties, sales may not be held less than two hours
apart.
Sec. 46. Minnesota Statutes 1992, section 90.121, is
amended to read:
90.121 [INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF
$7,000 $15,000.]
The commissioner may sell the timber on any tract of state
land in lots not exceeding $7,000 $15,000 in appraised value, in
the same manner as timber sold at public auction under section
90.101, and related laws, subject to the following special
exceptions and limitations:
(1) sales shall be at the forest office or other public
facility most accessible to potential bidders or close to where
the tract is located;
(2) the commissioner's list describing the tract, quantity
of timber, and appraised price shall be compiled not less than
30 days before the date of sale and a copy of the list posted
not less than 30 days before the date of the sale;
(3) notice of the sale shall be published once, not less
than one week before the date of the sale;
(4) no bidder may be awarded more than 25 percent of the
total tracts offered at the first round of bidding unless fewer
than four tracts are offered, in which case not more than one
tract shall be awarded to one bidder. Any tract not sold shall
be available for a period of 90 days for purchase by persons
eligible under this section at the appraised value;
(5) the bond or deposit required pursuant to section 90.161
or 90.173 shall be given or deposited before any cutting begins
or not later than nine months after the date of sale, whichever
is earlier;
(6) in lieu of the placing of the marks M I N on cut
products as prescribed under section 90.151, subdivision 2, all
landings of cut products shall be legibly marked with the name
of the permit holder and the assigned permit number;
(7) no person may hold more than six permits issued under
this section and no sale may be made to a person holding six
permits which are still in effect or to a person having more
than 20 employees;
(8) the permit may not exceed one year in duration;
(9) if the purchaser for good and sufficient reason is
unable to cut the timber within the one year permit period, the
commissioner may grant one extension for a period of up to one
year from the date of expiration of the original permit without
interest, and one additional extension of one year with interest
at the rate in effect under section 549.09 at the time the
extension is granted;
(10) if all cut timber, equipment, and buildings, are not
removed at the end of any 120-day extension period which the
commissioner may grant for removal, the commissioner may grant a
second period of time not to exceed 120 days for the removal of
cut timber, equipment, and buildings upon receipt of a request
by the permit holder for hardship reasons only.
The auction sale procedure set forth in this section
constitutes an additional alternative timber sale procedure
available to the commissioner and is not intended to replace
other authority possessed by the commissioner to sell timber in
lots of $7,000 $15,000 or less.
Sec. 47. Minnesota Statutes 1992, section 90.201, is
amended by adding a subdivision to read:
Subd. 4. When standing timber under a valid permit is
damaged through fire, windstorm, flood, or other natural cause,
the commissioner may reappraise the timber and modify the
permit. The commissioner shall ensure that the reappraisal is
in the best interest of the state and the trust.
Sec. 48. Minnesota Statutes 1992, section 92.46,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may
designate suitable portions of the state lands withdrawn from
sale and not reserved, as provided in section 92.45, as
permanent state public campgrounds. The director may have the
land surveyed and platted into lots of convenient size, and
lease them for cottage and camp purposes under terms and
conditions the director prescribes, subject to the provisions of
this section.
(b) A lease may not be for a term more than 20 years. The
lease may allow renewal, from time to time, for additional terms
of no longer than 20 years each. The lease may be canceled by
the commissioner 90 days after giving the person leasing the
land written notice of violation of lease conditions. The lease
rate shall be based on the appraised value of leased land as
determined by the commissioner of natural resources and shall be
adjusted by the commissioner at the fifth, tenth, and 15th
anniversary of the lease, if the appraised value has increased
or decreased. For leases that are renewed in 1991 and following
years, the lease rate shall be five percent of the appraised
value of the leased land. The appraised value shall be the
value of the leased land without any private improvements and
must be comparable to similar land without any improvements
within the same county. The minimum appraised value that the
commissioner assigns to the leased land must be substantially
equal to the county assessor's estimated market value of similar
land adjusted by the assessment/sales ratio as determined by the
department of revenue.
(c) By July 1, 1986, the commissioner of natural resources
shall adopt rules under chapter 14 to establish procedures for
leasing land under this section. The rules shall be subject to
review and approval by the commissioners of revenue and
administration prior to the initial publication pursuant to
chapter 14 and prior to their final adoption. The rules must
address at least the following:
(1) method of appraising the property; and
(2) an appeal procedure for both the appraised values and
lease rates.
(d) All money received from these leases must be credited
to the fund to which the proceeds of the land belong.
Notwithstanding section 16A.125 or any other law to the
contrary, 50 percent of the money received from the lease of
permanent school fund lands leased pursuant to this subdivision
shall be deposited into the permanent school trust fund.
However, in fiscal years 1987, 1988, 1989, 1990, 1991, 1992,
1993, and 1994 and 1995, the this money received from the
lease of permanent school fund lands that would otherwise be
deposited into must be credited to the lakeshore sales account
in the permanent school fund is hereby appropriated and, subject
to appropriation, may be used to survey, appraise, and pay
associated selling costs of lots as required in section 92.67,
subdivision 3. The money appropriated may not be used to pay
the cost of surveying lots not scheduled for sale. Any money
designated for deposit in the permanent school fund that is not
needed to survey, appraise, and pay associated selling costs of
lots, as required in section 92.67, shall be deposited in the
permanent school fund. The commissioner shall add to the
appraised value of any lot offered for sale the costs of
surveying, appraising, and selling the lot, and shall first
deposit into the permanent school fund an amount equal to the
costs of surveying, appraising, and selling any lot paid out of
the permanent school fund. Any remaining money shall be
deposited into any other contributing funds in proportion to the
contribution from each fund. In no case may the commissioner
add to the appraised value of any lot offered for sale an amount
more than $700 for the costs of surveying and appraising the lot.
Sec. 49. Minnesota Statutes 1992, section 94.165, is
amended to read:
94.165 [LAND ACQUISITION ACCOUNT.]
There is created in the state treasury a land acquisition
account. Subject to appropriation by law, Money in the account
is available appropriated to the commissioner of natural
resources for the acquisition of natural resource lands or
interests in lands within the outdoor recreation system
established in chapter 86A. The commissioner must file a report
to the house ways and means and the senate finance committees
and the environment and natural resources committees of the
senate and house of representatives by October 1 of each year
indicating all purchases and sales from this account.
Sec. 50. [97A.028] [CROP PROTECTION ASSISTANCE.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Agricultural crops" means annually seeded crops,
legumes, fruit orchards, tree farms and nurseries, turf farms,
and apiaries.
(c) "Specialty crops" means fruit orchards, vegetables,
tree farms and nurseries, turf farms, and apiaries.
Subd. 2. [TECHNICAL ASSISTANCE.] The commissioner shall
establish a statewide program to provide technical assistance to
persons for the protection of agricultural crops from
destruction by wild animals. As part of the program, the
commissioner shall develop and identify the latest and most
effective abatement techniques; acquire appropriate
demonstration supplies and materials required to meet
specialized needs; train property owners, field staff, public
land managers, extension agents, pest control operators, and
others; provide technical manuals and brochures; and provide
field personnel with supplies and materials for damage abatement
demonstrations and short-term assistance and for the
establishment of food or lure crops where appropriate.
Subd. 3. [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a)
For the purposes of this subdivision, "cooperative damage
management agreement" means an agreement between a landowner and
the commissioner that establishes a program for addressing the
problem of destruction of specialty crops by wild animals on the
landowner's property.
(b) A person may apply to the commissioner for emergency
deterrent materials assistance in controlling destruction of
specialty crops by wild animals. Subject to the availability of
money appropriated for this purpose, the commissioner shall
provide suitable deterrent materials, up to $3,000 in value per
individual or corporation, when the commissioner determines that:
(1) immediate action is necessary to prevent significant
damage from continuing; and
(2) a cooperative damage management agreement cannot be
implemented immediately.
(c) As a condition of receiving emergency deterrent
materials assistance under this subdivision, a landowner shall
enter into a cooperative damage management agreement with the
commissioner. Deterrent materials provided by the commissioner
may include repellents, fencing materials, or other materials
recommended in the agreement to alleviate the damage problem. A
landowner may not receive emergency deterrent materials
assistance under this subdivision more than once. A landowner
who receives emergency deterrent materials assistance under this
subdivision shall comply with the terms of the cooperative
damage management agreement.
Sec. 51. Minnesota Statutes 1992, section 97A.055,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT; PURPOSES.] The game and
fish fund is established as a fund in the state treasury. The
money in the fund is annually appropriated to the commissioner
for the activities of the division of fish and wildlife and the
division of enforcement.
Sec. 52. Minnesota Statutes 1992, section 97A.055, is
amended by adding a subdivision to read:
Subd. 4. [ANNUAL REPORT.] (a) By November 15 each year,
the commissioner shall report to the legislative committees
having jurisdiction over appropriations and the environment and
natural resources on:
(1) the amount of revenue from the following and purposes
for which expenditures were made:
(i) the fishing license surcharge under section 97A.475,
subdivision 9;
(ii) the small game license surcharge under section
97A.475, subdivision 4;
(iii) the Minnesota migratory waterfowl stamp under section
97A.475, subdivision 5, clause (1);
(iv) the trout and salmon stamp under section 97A.475,
subdivision 10; and
(v) the pheasant stamp under section 97A.475, subdivision
5, clause (2); and
(2) the amounts available under section 97A.075,
subdivision 1, paragraphs (b) and (c), and the purposes for
which these amounts were spent.
(b) The report must include the commissioner's
recommendations, if any, for changes in the laws relating to the
stamps and surcharges referenced in paragraph (a).
Sec. 53. Minnesota Statutes 1992, section 97A.071,
subdivision 2, is amended to read:
Subd. 2. [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE.]
Revenue from the small game surcharge shall be credited to the
wildlife acquisition account and the money in the account shall
be used by the commissioner for the purposes of this section,
and acquisition and development of wildlife lands under section
97A.145, in accordance with appropriations made by the
legislature.
Sec. 54. Minnesota Statutes 1992, section 97A.075,
subdivision 1, is amended to read:
Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes
of this subdivision, "deer license" means a license issued under
section 97A.475, subdivisions 2, clauses (4) and (5), and 3,
clauses (2) and (3).
(b) At least $2 from each deer license shall be used for
deer habitat improvement or deer management programs.
(c) At least $1 from each resident deer license and each
resident bear license shall be used for deer and bear management
programs, including a computerized licensing system.
Sec. 55. Minnesota Statutes 1992, section 97A.441, is
amended by adding a subdivision to read:
Subd. 7. [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The
commissioner may issue, without an additional fee, a license to
take additional deer with firearms under section 97B.301,
subdivision 4, to a person who is an owner or tenant and lives
on at least ten acres of agricultural land, as defined in
section 97B.001, in an area where the commissioner has made
these licenses available. Landowners and tenants applying for a
license under this subdivision must receive preference over
other applicants for the licenses.
(b) Persons who obtain a license under paragraph (a) must
allow public deer hunting on their land during that deer hunting
season.
Sec. 56. Minnesota Statutes 1992, section 97A.475,
subdivision 12, is amended to read:
Subd. 12. [FISH HOUSES; NONRESIDENT.] The fee Fees for a
fish house license licenses for a nonresident is $21.50 are:
(1) annual, $25; and
(2) seven consecutive days, $14.
Sec. 57. Minnesota Statutes 1992, section 97C.355,
subdivision 2, is amended to read:
Subd. 2. [LICENSE REQUIRED.] A person may not take fish
from a dark house or fish house unless the house is licensed and
has a metal license tag attached to the exterior as prescribed
by the commissioner, except as provided in this subdivision.
The commissioner must issue a metal tag that is at least two
inches in diameter with a 3/16 inch hole in the center with a
dark house or fish house license. The metal tag must be stamped
with a number to correspond with the license and the year of
issue. A dark house or fish house license is not required of a
resident on boundary waters where the adjacent state does not
charge a fee for the same activity.
Sec. 58. Minnesota Statutes 1992, section 115A.90, is
amended by adding a subdivision to read:
Subd. 6a. [SHREDDER RESIDUE.] "Shredder residue" means the
residue generated by shredding a motor vehicle, an appliance, or
other source of recyclable steel after removing the reusable and
recyclable materials.
Sec. 59. Minnesota Statutes 1992, section 115A.908,
subdivision 2, is amended to read:
Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be
credited to the motor vehicle transfer account in the
environmental fund.
Sec. 60. Minnesota Statutes 1992, section 115A.908,
subdivision 3, is amended to read:
Subd. 3. [REPEALER.] This section is repealed on December
31, 1994 1996.
Sec. 61. [115A.909] [SHREDDER RESIDUE; MANAGEMENT.]
The commissioner, in consultation with persons who are
engaged in the business of shredding motor vehicles, appliances,
and other sources of recyclable steel, shall study management of
shredder residue. To the extent possible under state and
federal law, the commissioner shall encourage reduction in the
amount of residue generated, allow beneficial use of the
residue, and minimize costs of management and disposal. The
commissioner shall study all reasonably ascertainable
alternatives for management of the residue, including use as
cover material at solid waste disposal facilities, use in
manufacture of refuse derived fuel, and any other resource
recovery management technique.
Sec. 62. Minnesota Statutes 1992, section 115A.96,
subdivision 3, is amended to read:
Subd. 3. [OTHER PARTICIPANTS.] (a) The agency may
establish or operate all or part of the management program or
may provide for services by contract or other agreement with
public or private entities.
(b) The agency shall allow these programs to accept up to
100 pounds of waste per year from a hazardous waste generator
that generates 220 pounds or less of hazardous waste per month.
Sec. 63. Minnesota Statutes 1992, section 115A.96,
subdivision 4, is amended to read:
Subd. 4. [MANAGEMENT.] Any person who establishes or
operates all or part of a household hazardous waste management
program shall manage collected waste in compliance with
standards applicable to a hazardous waste generator. If
collected waste must be stored for a time exceeding those
standards, the agency or other entity shall obtain the approval
of the commissioner of the agency and shall manage the waste in
compliance with applicable standards for the use and management
of containers, but no facility permit is required. Waste
accepted under subdivision 3, paragraph (b), must be managed in
accordance with standards applicable to the waste.
Sec. 64. Minnesota Statutes 1992, section 115B.22, is
amended by adding a subdivision to read:
Subd. 1a. [TAXES IMPOSED.] Until January 1, 2004, a
generator of hazardous waste shall pay a tax in an amount equal
to the greater of the applicable base tax under subdivision 2a
or the quantity tax determined under subdivision 3a.
Sec. 65. Minnesota Statutes 1992, section 115B.22, is
amended by adding a subdivision to read:
Subd. 2a. [BASE TAX.] (a) The base tax for large quantity
generators, as defined in rules of the agency, is $500.
(b) The base tax for small quantity generators, as defined
in rules of the agency, is $200.
(c) The base tax for very small quantity generators, as
defined in rules of the agency, that produce more than 100
pounds per year of hazardous waste is $50.
(d) There is no base tax for very small quantity
generators, as defined in rules of the agency, that produce 100
pounds or less per year of hazardous waste.
Sec. 66. Minnesota Statutes 1992, section 115B.22, is
amended by adding a subdivision to read:
Subd. 3a. [QUANTITY TAX.] (a) The quantity tax does not
apply to very small quantity generators, as defined in the rules
of the agency. The quantity tax is determined as provided in
paragraphs (b) to (d).
(b) Generators of hazardous waste managed using either of
the following methods as defined in rules adopted under sections
115.03, 116.07, and 116.37 shall pay taxes on the waste at the
rate of 1.5 cents per pound of solid or 15 cents per gallon of
liquid:
(1) hazardous wastes that are hazardous prior to discharge
to a publicly owned wastewater treatment works; and
(2) hazardous wastes managed as a hazardous waste fuel or
using thermal treatment.
(c) Generators of hazardous waste managed using any of the
following methods as defined in rules adopted under sections
115.03, 116.07, and 116.37 are exempt from paying taxes on the
wastes:
(1) hazardous wastes that are destined for recycling,
including waste accumulated, stored, or treated prior to
recycling;
(2) hazardous waste that is destined for incineration at a
permitted hazardous waste incineration facility in Minnesota;
(3) hazardous wastes that are either (i) pretreated to a
nonhazardous state prior to discharge to a publicly owned
treatment works, or (ii) treated to a nonhazardous state after
treatment in an on-site treatment system, if the publicly owned
treatment works or on-site treatment system is operated in
accordance with a national pollution discharge elimination
system permit, state disposal system permit, or both, issued by
the agency; and
(4) hazardous wastes that are neutralized and are not
otherwise hazardous waste after neutralizing.
(d) Generators of hazardous waste shall pay taxes on
hazardous wastes managed using any other method not mentioned in
this subdivision at the rate of three cents per pound of solid
or 30 cents per gallon of liquid.
Sec. 67. Minnesota Statutes 1992, section 115B.22, is
amended by adding a subdivision to read:
Subd. 4a. [HAZARDOUS WASTES NOT SUBJECT TO TAX.] The taxes
imposed by this section do not apply to hazardous wastes
generated as a result of a response action or hazardous wastes
generated as a result of lead acid battery smelting.
Sec. 68. [115B.223] [HAZARDOUS WASTE GENERATOR LOAN
PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A hazardous waste
generator revolving loan program is established to provide loans
to small businesses for the purpose of conducting response
actions to clean up releases of hazardous waste.
Subd. 2. [RULES.] (a) The commissioner of the pollution
control agency may adopt rules regarding practices and
procedures including, but not limited to:
(1) form and procedure for loan application;
(2) terms for loans and loan repayment; and
(3) criteria for eligibility.
(b) The commissioner of the pollution control agency may
adopt emergency rules under this subdivision for one year
following the effective date of this section.
Subd. 3. [ELIGIBLE BORROWER.] To be eligible for a loan
under this section, a borrower must:
(1) be a generator of hazardous waste;
(2) have a release or suspected release of hazardous waste;
(3) own or operate the facility at which the release of
hazardous waste occurred;
(4) have less than 50 full-time employees;
(5) have an after-tax profit of less than $500,000; and
(6) have a net worth of less than $1,000,000.
Subd. 4. [LOAN APPLICATION PROCEDURE.] An eligible
borrower may apply for a loan after the commissioner approves a
plan for the response actions. Loans will be awarded to
eligible borrowers in the order that applications are received
by the pollution control agency.
Subd. 5. [LIMITATION ON LOAN OBLIGATION.] A loan made
under this section is limited to the money available in the
hazardous waste generator loan account.
Subd. 6. [LOAN CONDITIONS.] A loan made under this section
must include:
(1) an interest rate of one percent less than the prime
rate;
(2) a term of payment of not more than five years; and
(3) an amount not less than $1,000 or exceeding $50,000.
Sec. 69. [115B.224] [HAZARDOUS WASTE GENERATOR LOAN
ACCOUNT.]
The hazardous waste generator loan account is established
in the environmental response, compensation, and compliance
account for the purposes described in section 115B.223. Money
in the account is annually appropriated to the commissioner of
the pollution control agency for the purposes of this section.
Loan repayments must be credited to the hazardous waste
generator loan account.
Sec. 70. Minnesota Statutes 1992, section 115B.24,
subdivision 6, is amended to read:
Subd. 6. [PAYMENT BY OUT-OF-STATE GENERATORS.] A generator
of any hazardous waste which is generated outside of this state
and is transported into this state for long-term containment or
treatment as described in section 115B.22, subdivisions 2 to 5
treatment or disposal shall pay the tax imposed by section
115B.22 at the first point at which the hazardous wastes are
received by a person in this state for storage, treatment or
long-term containment treatment or disposal. The tax shall be
paid to the person who first receives the wastes in this state
at the time the waste is received and shall be remitted by that
person to the commissioner of revenue quarterly in the form and
manner provided by the commissioner.
Sec. 71. Minnesota Statutes 1992, section 115B.42,
subdivision 2, is amended to read:
Subd. 2. [EXPENDITURES.] Subject to appropriation, money
in the account may be spent for:
(1) inspection of mixed municipal solid waste disposal
facilities to:
(1) (i) evaluate the adequacy of final cover, slopes,
vegetation, and erosion control;
(2) (ii) determine the presence and concentration of
hazardous substances, pollutants or contaminants, and
decomposition gases; and
(3) (iii) determine the boundaries of fill areas; and
(2) response actions at mixed municipal solid waste
disposal facilities under chapter 115B.
Sec. 72. Minnesota Statutes 1992, section 115D.07,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT TO PREPARE AND MAINTAIN A
PLAN.] (a) Persons who operate a facility required by United
States Code, title 42, section 11023, or section 299K.08,
subdivision 3, to submit a toxic chemical release form shall
prepare a toxic pollution prevention plan for that facility.
The plan must contain the information listed in subdivision 2.
(b) Except as provided in paragraphs (d) and (e), for
facilities that release less than a total of 10,000 pounds or
more of toxic pollutants annually, the plan must be completed as
follows:
(1) on or before July 1, 1991, for facilities having a
two-digit standard industrial classification of 35 to 39;
(2) by January 1, 1992, for facilities having a two-digit
standard industrial classification of 28 to 34; and
(3) by July 1, 1992, for all other persons required to
prepare a plan under this subdivision.
(c) Except as provided in paragraphs (d) and (e),
facilities that release less than a total of 10,000 pounds of
toxic pollutants annually must complete their plans by July 1,
1992.
(d) For the following facilities, the plan must be
completed as follows:
(1) by January 1, 1995, for facilities required to report
under section 299K.08, subdivision 3, that have a two-digit
standard industrial classification of 01 to 50; and
(2) by July 1, 1995, for facilities required to report
under section 299K.08, subdivision 3, that have a two-digit
standard industrial classification of 51 to 99.
(e) For facilities that become subject to this subdivision
after July 1, 1993, the plan must be completed by six months
after the first submittal for the facility under United States
Code, title 42, section 11023, or section 299K.08, subdivision 3.
(f) Each plan must be updated every two years and must be
maintained at the facility to which it pertains.
Sec. 73. Minnesota Statutes 1992, section 115D.10, is
amended to read:
115D.10 [TOXIC POLLUTION PREVENTION EVALUATION REPORT.]
The director, in cooperation with the commissioner and
commission, shall report to the environment and natural
resources committees of the legislature annually on progress
being made in achieving the objectives of sections 115D.01 to
115D.12. The report must be submitted by December 15 February 1
of each even-numbered year, beginning in 1992.
Sec. 74. Minnesota Statutes 1992, section 115D.12,
subdivision 2, is amended to read:
Subd. 2. [FEES.] (a) Persons required by United States
Code, title 42, section 11023, to submit a toxic chemical
release form to the commission, and owners or operators of
facilities listed in section 299K.08, subdivision 3, shall pay a
pollution prevention fee of $150 for each toxic pollutant
reported released plus a fee based on the total pounds of toxic
pollutants reported as released from each facility. Facilities
reporting less than 25,000 pounds annually of toxic pollutants
released per facility shall be assessed a fee of $500.
Facilities reporting annual releases of toxic pollutants in
excess of 25,000 pounds shall be assessed a graduated fee at the
rate of two cents per pound of toxic pollutants reported.
(b) Persons who generate more than 1,000 kilograms of
hazardous waste per month but who are not subject to the fee
under paragraph (a) must pay a pollution prevention fee of $500
per facility. Hazardous waste as used in this paragraph has the
meaning given it in section 116.06, subdivision 11, and
Minnesota Rules, chapter 7045.
(c) Fees required under this subdivision must be paid to
the director by January 1 of each year. The fees shall be
deposited in the state treasury and credited to the
environmental fund.
Sec. 75. [115D.14] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in sections 64 and 65, the
terms defined in this section have the meanings given.
Subd. 2. [AGENCY.] "Agency" means the pollution control
agency.
Subd. 3. [INTEGRITY OF AQUATIC OR TERRESTRIAL
ECOSYSTEMS.] "Integrity of aquatic or terrestrial ecosystems"
means the maintenance of mutually beneficial species of plants
and animals and of other natural characteristics so that the
biological viability of the ecosystem is ensured.
Subd. 4. [TOXIC AIR CONTAMINANT.] "Toxic air contaminant"
means an air contaminant that may cause or contribute to an
increase in mortality or an increase in a chronic or an acute
illness, or which may pose a present or potential hazard to
human health or the integrity of aquatic or terrestrial
ecosystems.
Sec. 76. [115D.15] [REPORTS TO THE LEGISLATURE.]
Subdivision 1. [INITIAL REPORT.] By January 1, 1995, the
agency must submit to the environment and natural resources
committees of the legislature a report that includes:
(1) a five-year regulatory strategy to protect the public
health and the environment from emissions of toxic air
contaminants; and
(2) a list prioritizing and categorizing facilities
emitting toxic air contaminants.
Subd. 2. [CONTINUING REPORTS.] Beginning January 1, 1997,
and every two years thereafter, the agency shall submit to the
legislative committees with jurisdiction over environment and
natural resource issues a report that provides an update of the
following:
(1) an analysis of the achievements, shortfalls, and
resource needs for implementing the agency's strategy under
subdivision 1, clause (1);
(2) an analysis of the data collected from the agency's
statewide monitoring and inventory program under section
116.454;
(3) an analysis of reductions in emissions of toxic air
contaminants; and
(4) an updated list prioritizing and categorizing
facilities emitting toxic air contaminants.
Sec. 77. Minnesota Statutes 1992, section 116.07, is
amended by adding a subdivision to read:
Subd. 10. [SOLID WASTE ASSESSMENTS.] (a) A person that
collects mixed municipal solid waste shall collect and remit to
the commissioner of revenue a solid waste assessment from each
of the person's customers as provided in paragraphs (b) and (c).
(b) The amount of the assessment for each residential
customer is $2 per year. Each waste collector shall collect the
assessment annually from each residential customer that is
receiving waste collection service on July 1 of each year and
shall remit the amount collected along with the collector's
first remittance of the sales tax on solid waste collection
services, described in section 297A.45, made after October 1 of
each year. Any amount of the assessment that is received by the
waste collector after October 1 of each year must be remitted
along with the collector's next remittance of sales tax after
receipt of the assessment.
(c) The amount of the assessment for each nonresidential
customer is 12 cents per noncompacted cubic yard of periodic
waste collection capacity purchased by the customer. Each waste
collector shall collect the assessment from each nonresidential
customer as part of each statement for payment of waste
collection charges and shall remit the amount collected along
with the next remittance of sales tax after receipt of the
assessment.
(d) The commissioner of revenue shall redesign sales tax
forms for solid waste collectors to accommodate payment of the
assessment. The commissioner of revenue shall deposit the
amounts remitted under this subdivision in the environmental
fund and shall credit four-sevenths of the receipts to the
landfill cleanup account established in section 115B.42.
(e) For the purposes of this subdivision, a "person that
collects mixed municipal solid waste" means each person that
pays sales tax on solid waste collection services under section
297A.45.
(f) The audit, penalty, enforcement, and administrative
provisions applicable to taxes imposed under chapter 297A apply
to the assessments imposed under this subdivision.
Sec. 78. Minnesota Statutes 1992, section 116J.401, is
amended to read:
116J.401 [POWERS AND DUTIES.]
The commissioner of trade and economic development shall:
(1) provide regional development commissions, the
metropolitan council, and units of local government with
information, technical assistance, training, and advice on using
federal and state programs;
(2) receive and administer the small cities community
development block grant program authorized by Congress under the
Housing and Community Development Act of 1974, as amended;
(3) receive and administer the section 107 technical
assistance program grants authorized by Congress under the
Housing and Community Development Act of 1974, as amended;
(4) receive and administer grants for the Minnesota jail
resource center authorized by Congress under the Juvenile
Justice and Delinquency Prevention Act of 1974, as amended;
(5) receive and administer the land and water conservation
grant program authorized by Congress under the Land and Water
Conservation Fund Act of 1965, as amended;
(6) receive and administer other state and federal grants
and grant programs for planning, community affairs, community
development purposes, and other state and federal programs
assigned to the department by law or by the governor in
accordance with section 4.07; and
(7) (6) receive applications for state and federal grants
and grant programs for planning, community affairs, and
community development purposes, and other state and federal
programs assigned to the department by law or by the governor in
accordance with section 4.07.
Sec. 79. Minnesota Statutes 1992, section 116P.10, is
amended to read:
116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.]
This section applies to projects supported by the trust
fund, the Minnesota future resources fund, and the oil
overcharge money referred to in section 4.071, subdivision 2,
each of which is referred to in this section as a "fund." The
trust fund owns and shall take title to the percentage of a
royalty, copyright, or patent resulting from a project supported
by the trust fund equal to the percentage of the project's total
funding provided by the trust fund. Cash receipts resulting
from a royalty, copyright, or patent, or the sale of the trust
fund's rights to a royalty, copyright, or patent, must be
credited immediately to the principal of the trust fund. Before
a project is included in the budget plan, the commission may
vote to relinquish the ownership or rights to a royalty,
copyright, or patent resulting from a project supported by
the trust fund to the project's proposer when the amount of the
original grant or loan, plus interest, has been repaid to
the trust fund.
Sec. 80. Minnesota Statutes 1992, section 297A.45, is
amended by adding a subdivision to read:
Subd. 5. [SEPARATE ACCOUNTING.] The commissioner shall
account for revenue collected from public and private mixed
municipal solid waste collection and disposal services under
this section separately from other tax revenue collected under
this chapter.
Sec. 81. Minnesota Statutes 1992, section 299K.08, is
amended by adding a subdivision to read:
Subd. 3. [TOXIC CHEMICAL RELEASE REPORTING.] (a) Except as
provided in paragraph (b), in addition to facilities specified
in the federal act, the following facilities shall comply with
the toxic chemical release reporting requirements of section
11023 of the federal act and United States Code, title 42,
section 13106, to the same extent as facilities that are
required by federal law to comply with these requirements:
facilities having a two-digit standard industrial classification
of 10, 40, 45, or 49; a three-digit standard industrial
classification of 806, 807, or 822; or a four-digit standard
industrial classification of 5161, 5162, 5169, 7384, 7389
(solvent recovery facilities only), 8734, or 9223.
(b) For the facilities added in this section, the toxic
chemical release reporting requirements of section 11023 of the
federal act, and sections 115D.07, 115D.08, and 115D.12, do not
apply to substances that are associated with or incidental to
the combustion of fossil fuels or other fuels for the generation
of electricity or the production of steam.
Sec. 82. Minnesota Statutes 1992, section 299K.08, is
amended by adding a subdivision to read:
Subd. 4. [EXEMPTIONS.] (a) A person may petition the
commission to:
(1) exempt all facilities having a standard industrial
classification listed in subdivision 3, or a classification
within one of the listed classifications, from the reporting
requirements of subdivision 3; or
(2) review a previously granted exemption.
(b) In making a determination on a petition under paragraph
(a), the commission shall consider:
(1) the reported or estimated releases and transfers from
facilities within the affected classification;
(2) the quality of the data submitted;
(3) the extent to which facilities within the affected
classification report no releases or transfers;
(4) the number of reporting facilities in the affected
classification;
(5) the percentage of all releases and transfers in the
state that are reported by facilities in the affected
classification;
(6) hazards to public safety and the environment posed by
releases and transfers from facilities in the affected
classification; and
(7) other factors identified by the commission.
(c) The commission shall hold at least one public meeting
to receive testimony on the petition. The commission shall
publish in the State Register notice of granted exemptions. The
commission shall report on the status of petitions and
exemptions as part of the annual toxic release inventory report.
(d) A facility specified in paragraph (a) that is not
within a classification exempted under paragraph (b) and does
not release or transfer chemicals subject to reporting under
section 11023 of the federal act is exempt from reporting under
subdivision 3 if the owner or operator of the facility certifies
in writing to the commission that there are no releases or
transfers at the facility. The certification must be submitted
to the commission by the first reporting date for the facility
under the federal act. The facility is exempt from further
reporting unless there is a release or transfer from the
facility or there is a change in the facility's standard
industrial classification. Facilities that qualify for this
exemption shall maintain documentation supporting the exemption
and shall provide this documentation at the request of the
commission.
Sec. 83. Minnesota Statutes 1992, section 473.351,
subdivision 2, is amended to read:
Subd. 2. [METROPOLITAN COUNCIL OBLIGATION.] Annually
before August 1 the metropolitan council shall distribute grant
money received from the commissioner of trade and economic
development natural resources to fund the operation and
maintenance expenditures of the implementing agencies for the
operation and maintenance of regional park and open space
systems. The metropolitan council shall annually report to the
legislature the amount distributed to each implementing agency
and its estimate of the percentage of operation and maintenance
expenditures paid for with operation and maintenance money.
Sec. 84. [ADMINISTRATION OF EXISTING UNITS NOT AFFECTED.]
This act does not affect the administration, as defined in
Minnesota Statutes, section 86A.03, subdivision 4, of state
parks and recreation areas in existence before July 1, 1993.
Sec. 85. [MODIFICATION OF TIMBER PERMITS.]
The commissioner may modify a timber permit covering
standing timber that was damaged as a result of windstorms that
occurred on September 16, 1992. This subdivision expires June
1, 1995.
Sec. 86. [LAKE SUPERIOR DIVER ACCESS.]
The $20,000 appropriated by Laws 1991, chapter 254, article
1, section 14, subdivision 3(h), for diver access at Split Rock
Lighthouse state park may be used for diver access at other
areas along the north shore of Lake Superior.
Sec. 87. [INFORMATION POLICY OFFICE (IPO) APPROVAL.]
Appropriations for information systems shall not be
allotted until the commissioner of the agency certifies to the
commissioner of finance that all IPO project requirements have
been met or will be met. If the appropriation for either year
is insufficient, the appropriation for the other year is
available.
Sec. 88. [INSURANCE BUYOUT FORMULA FOR LANDFILL
LIABILITY.]
The commissioner of commerce shall prepare a recommended
formula for determining a specific amount an insurance company
may tender to the state in lieu of payment of benefits, if any,
under all policies issued by the company which may be claimed to
provide coverage for damages arising out of contamination at
permitted mixed municipal solid waste disposal facilities. By
November 1, 1993, the commissioner shall submit the recommended
formula to the senate committees on environment and natural
resources and commerce and consumer protection and the house of
representatives committees on environment and natural resources
and financial institutions and insurance. The formula must take
into account the likelihood and extent of coverage, if any,
under the policies, and other factors determined by the
commissioner to be relevant. The commissioner shall also report
on the fiscal impact of the formula on insurance companies which
may have issued policies. The commissioner shall consult with
insurance industry representatives in developing the formula.
The commissioner may contract with actuaries and other
consultants in developing the formula. The commissioner of the
pollution control agency shall cooperate with the commissioner
of commerce in developing the formula.
Sec. 89. [CLAIMS OF MARSHALL COUNTY RELATING TO
CONSOLIDATED CONSERVATION LANDS.]
The commissioner of natural resources shall review claims
from Marshall county for road construction and maintenance costs
from 1986 to 1992 that are payable under Minnesota Statutes,
section 84A.32, subdivision 1, paragraph (d), and shall pay
appropriate amounts from the state portion of Marshall county
receipts. The commissioner shall prepare a five-year projection
of receipts available to pay the claims and report the amounts
to the county and the legislature. Claims for calendar year
1993 and subsequent years must be submitted on forms provided by
the commissioner by April 15 of the following calendar year.
Sec. 90. [SHREDDER RESIDUE; GRANTS.]
The commissioner of the pollution control agency may make a
grant to a person engaged in the business of shredding and
recycling motor vehicles, appliances, and other sources of
recyclable steel for the purposes of studying the feasibility of
alternative methods of managing shredder residue left over after
the reusable and recyclable materials are removed. A person
applying for a grant shall include in the application a list of
the activities the person will undertake and reasonable
estimates of the costs of those activities. The commissioner
shall determine the amount of the grant, not to exceed $300,000
or 50 percent of the total cost of the studies proposed in the
grant application, whichever is less.
A person receiving a grant under this section may use the
proceeds of the grant for the costs of:
(1) determining and testing methods of reducing the amount
of shredder residue and the amount of hazardous constituents in
the residue;
(2) periodic testing of shredder residue for hazardous
constituents over a limited time period to be determined by the
commissioner, but not less than six months;
(3) research and development of potential beneficial uses
of the residue, including any preprocessing methods that may be
applied to the residue to enable it to be beneficially used; and
(4) any necessary testing of alternative management
technologies to determine the environmental and economic effects
of the technologies.
Sec. 91. [STUDY; WEIGHTING HAZARDOUS SUBSTANCES BY
SEVERITY OF HAZARD.]
The commissioner of the pollution control agency shall
study the feasibility and advisability of weighting hazardous
substances by the severity of the hazards associated with the
substances for the purposes of assessing hazardous waste
generator fees under Minnesota Statutes 1992, section 116.12,
hazardous waste generator taxes under Minnesota Statutes 1992,
section 115B.22, toxic pollution prevention fees under Minnesota
Statutes 1992, section 115D.12, and any other fees paid by
persons who use, store, transport, or treat hazardous substances
or who generate hazardous waste or emit hazardous substances to
the air, land, or waters of the state. By January 15, 1994, the
commissioner shall report the findings of the study to the
legislative commission on waste management and to each chair and
member of the environment and natural resources policy and
finance committees of the legislature.
Sec. 92. [SOLID WASTE FEE STUDY.]
The director of the office of waste management, in
consultation with the commissioner of the pollution control
agency, shall conduct a study of all taxes, surcharges, service
charges, service fees, license fees, utility fees, permit fees,
and all other taxes, surcharges, or fees imposed on solid waste
collection, processing, or disposal by state, county, and local
units of government. The study shall include the rate and
amount of each charge collected and shall include analysis of
the use of all the money collected. The study shall be
completed by December 1, 1994, and shall be submitted to the
legislative commission on waste management and the environment
and natural resources finance committees and divisions of the
legislature. The study shall recommend appropriate sources of
revenue for funding of:
(1) agency solid waste regulatory activities;
(2) solid waste management activities of local units of
government; and
(3) the appropriateness of redirecting existing waste
management fees to the cleanup of landfills.
Sec. 93. [REPEALER.]
(a) Minnesota Statutes 1992, sections 115B.21, subdivisions
4 and 6; and 115B.22, subdivisions 1, 2, 3, 4, 5, and 6, are
repealed on January 1, 1994.
(b) Minnesota Statutes 1992, section 116J.406, is repealed.
(c) Minnesota Statutes 1992, sections 115B.21 to 115B.24,
are repealed effective January 1, 2004.
Sec. 94. [EFFECTIVE DATES.]
Sections 5, subdivision 10; 44; 47; 85; and 86 are
effective the day following final enactment. Sections 43; 45;
and 46 are effective August 1, 1993. Sections 64 and 80 are
effective January 1, 1994.
Presented to the governor May 10, 1993
Signed by the governor May 13, 1993, 5:25 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes