Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 220-S.F.No. 106
An act relating to the organization and operation of
state government; appropriating money for
environmental, natural resource, and agricultural
purposes; adding provisions relating to native
vegetation; modifying provisions relating to
disposition of certain revenues from state trust
lands, sales of software, agricultural and
environmental loans and grants, food handlers, ethanol
and oxygenated fuels, registration fees for
recreational vehicles and boats, the citizen's council
on Voyageurs National Park, local recreation grants,
state trails and canal and boating routes, zoo
admission charges, watercraft surcharge, trout and
salmon stamp, deer hunting licenses, water
information, watershed district rules, sewage sludge,
expenditure of money in the environmental trust fund,
well sealing grants, pollution control agency fees,
used motor oil and filters, and payments in lieu of
taxes; establishing the Passing on the Farm Center;
adding provisions relating to forest resource
management; establishing special critical habitat
license plates; authorizing establishment of a
shooting area in Sand Dunes State Forest; abolishing
the harmful substance compensation board and account;
extending performance reporting requirements;
providing for easements across state trails in certain
circumstances; establishing a council and task forces;
repealing requirements relating to fish taken in
Canada; amending Minnesota Statutes 1994, sections
15.50, by adding a subdivision; 15.91, subdivision 1;
16A.125; 16B.405, subdivision 2; 17.117, subdivisions
2, 4, 6, 7, 8, 9, 10, 11, 14, 16, and by adding
subdivisions; 28A.03; 28A.08; 41A.09, by adding
subdivisions; 41B.02, subdivision 20; 41B.03,
subdivision 6; 41B.04, subdivision 17; 41B.043,
subdivisions 1b, 2, and 3; 41B.045, subdivision 2;
41B.046, subdivision 1, and by adding a subdivision;
84.631; 84.788, subdivision 3; 84.798, subdivision 3;
84.82, subdivision 2; 84.922, subdivision 2; 84.943,
subdivision 3; 84B.11, subdivision 1; 85.015,
subdivision 11, and by adding a subdivision; 85.019;
85.32, subdivision 1; 85A.02, subdivision 17; 86.72,
subdivision 1; 86B.415, subdivisions 7 and 8; 86B.870,
subdivision 1; 89.001, subdivision 8; 92.46,
subdivision 1; 97C.305, subdivision 1; 103A.43;
103D.335, subdivision 19; 103F.725, subdivision 1a;
103H.151, by adding a subdivision; 103I.331,
subdivision 4; 115A.03, subdivision 29; 115A.908,
subdivision 3; 115B.20, subdivision 1; 115B.25,
subdivision 1a; 115B.26, subdivision 2; 115B.41,
subdivision 1; 115B.42; 115C.03, subdivision 9;
116.07, subdivision 4d; 116.12, subdivision 1; 116.96,
subdivision 5; 116C.69, subdivision 3; 116P.11;
239.011, subdivision 2; 239.54; 239.791, subdivision
8; 296.02, by adding a subdivision; 325E.10,
subdivision 1; 325E.11; 446A.07, subdivision 8;
446A.071, subdivision 2; 473.845, subdivision 2;
477A.12; and 477A.14; Laws 1992, chapter 558, section
17; proposing coding for new law in Minnesota
Statutes, chapters 17; 28A; 84; 89; 116; 168; 177; and
325E; proposing coding for new law as Minnesota
Statutes, chapter 89A; repealing Minnesota Statutes
1994, sections 28A.08, subdivision 2; 41A.09,
subdivisions 2, 3, and 5; 97A.531, subdivisions 2, 3,
4, 5, and 6; 97B.301, subdivision 5; 115B.26,
subdivision 1; 239.791, subdivisions 4, 5, 6, and 9;
296.02, subdivision 7; 325E.0951, subdivision 5; and
446A.071, subdivision 7; Laws 1993, chapter 172,
section 10.
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 "1995," "1996," and "1997," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1995, June 30, 1996, or
June 30, 1997, respectively.
SUMMARY BY FUND
1995 1996 1997 TOTAL
General $ 140,000 $161,448,000 $157,190,000 $318,778,000
Environmental 20,952,000 21,217,000 42,169,000
Solid Waste 130,000 5,819,000 5,743,000 11,692,000
Petroleum Tank 2,386,000 2,659,000 5,045,000
Metro Landfill
Contingency Trust 134,000 134,000 268,000
Special
Revenue 122,000 10,386,000 10,379,000 20,887,000
Natural Resources 18,818,000 19,145,000 37,963,000
Game and Fish 51,477,000 51,339,000 102,816,000
Environmental
Trust 2,240,000 15,604,000 -0- 17,844,000
Minnesota
Future Resources 15,083,000 -0- 15,083,000
Oil Overcharge 2,055,000 -0- 2,055,000
Permanent University -0- 500,000 500,000
Highway User
Tax Distribution 50,000 -0- 50,000
Great Lakes
Protection 130,000 130,000
TOTAL 2,632,000 304,342,000 268,306,000 575,280,000
APPROPRIATIONS
Available for the Year
Ending June 30
1995 1996 1997
Sec. 2. POLLUTION CONTROL
AGENCY
Subdivision 1. Total
Appropriation 130,000 39,891,000 38,183,000
Summary by Fund
General 11,572,000 9,441,000
Environmental 19,342,000 19,607,000
Solid Waste 130,000 5,679,000 5,643,000
Metro Landfill
Contingency 134,000 134,000
Special Revenue 778,000 699,000
Petroleum Tank 2,386,000 2,659,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Water Pollution Control
11,178,000 9,109,000
Summary by Fund
General 8,104,000 6,123,000
Environmental 3,074,000 2,986,000
$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.
General fund money appropriated for the
nonpoint source pollution Minnesota
River project must be matched by
federal dollars.
Of this amount, $855,000 in each fiscal
year is for grants for county
administration of the feedlot permit
program. This amount is transferred to
the board of water and soil resources
for disbursement in accordance with
Minnesota Statutes, section 103B.3369,
in cooperation with the pollution
control agency. Grants must be matched
with a combination of local cash and/or
in-kind contributions. Counties
receiving these grants shall submit an
annual report to the pollution control
agency regarding activities conducted
under the grant, expenditures made, and
local match contributions. First
priority for funding shall be given to
counties that have requested and
received delegation from the pollution
control agency for processing of animal
feedlot permit applications under
Minnesota Statutes, section 116.07,
subdivision 7. Delegated counties
shall be eligible to receive a grant of
$5,000 plus either: $15 multiplied by
the number of livestock or poultry
farms with sales greater than $10,000,
as reported in the 1992 Census of
Agriculture, published by the United
States Bureau of Census; or $25
multiplied by the number of feedlots
with greater than ten animal units as
determined by a level 2 or level 3
feedlot inventory conducted in
accordance with the Feedlot Inventory
Guidebook published by the board of
water and soil resources, dated June
1991. To receive the additional
funding that is based on the county
feedlot inventory, the county shall
submit a copy of the inventory to the
pollution control agency. Any
remaining money is for distribution to
all counties on a competitive basis
through the challenge grant process for
the conducting of feedlot inventories,
development of delegated county feedlot
programs, and for information and
education or technical assistance
efforts to reduce feedlot-related
pollution hazards.
The governor shall appoint an advisory
task force to examine the point source
permitting program in the water quality
division of the agency. The task force
must include representatives of
industrial and municipal permittees
regulated by the agency and
environmental interest groups. The
task force shall report to the governor
and chairs of the senate finance and
house of representatives ways and means
committees, and chairs of the
environmental policy and finance
committees and divisions of the senate
and house of representatives by
November 30, 1995. The report must
address the following issues: (1) what
constitutes an adequate point source
permitting program; (2) what the
associated costs are of running an
adequate program; (3) how these costs
should be allocated and funded; (4)
load-based fees; (5) fees for
permittees that have violations
requiring enforcement actions; (6) how
to improve public access to information
concerning toxic pollutants in
permitted discharges; and (7) a time
reporting system to improve tracking of
resource usage. The task force expires
on December 1, 1995.
The pollution control agency shall, by
January 1, 1996, provide the chairs of
the house environment and natural
resources finance committee and the
senate environmental and natural
resources finance division with the
following information:
(1) a list of all wastewater treatment
facility upgrade and construction
projects the agency has identified as
necessary to meet existing and proposed
water quality standards and
regulations;
(2) an estimate of the total project
costs and an estimate in the increase
in sewer service rates resulting from
these project costs;
(3) a list of existing and proposed
state water quality standards that are
not required under federal law;
(4) a list of existing and proposed
state water quality standards that are
more stringent than is necessary to
comply with federal law; and
(5) recommendations from the agency for
alternative methods to prioritize the
projects listed in clause (1).
The commissioner is required to comply
with this mandate only to the extent
that funding is available to perform
the additional oversight and
engineering and fiscal review.
$165,000 in the second year is for the
operation of water quality monitoring
stations.
Subd. 3. Air Pollution Control
7,082,000 7,217,000
Summary by Fund
Environmental 6,304,000 6,518,000
Special Revenue 778,000 699,000
Up to $100,000 in fiscal year 1996 and
$150,000 in fiscal year 1997 may be
transferred to the small business
environmental loan account established
in Minnesota Statutes, section 116.992.
$200,000 each year is for a monitoring
program under Minnesota Statutes,
section 116.454.
By February 1, 1996, the pollution
control agency, in consultation with
the public utilities commission, the
department of public service,
representatives from the electric
utility industry, and other interested
parties, shall:
(1) conduct an assessment of the effect
that the market for the sale of sulphur
dioxide emission credits by entities
within the state has had on the state's
environment; and
(2) make recommendations to the
legislature regarding measures the
state could take to increase the
positive effect of this market on the
environment, including whether the
legislature should create a sulphur
dioxide reduction fund into which the
proceeds of the sale of sulphur dioxide
emission credits could be placed and
used to fund programs for the reduction
of sulphur dioxide emissions.
Subd. 4. Groundwater and Solid Waste
Management
8,009,000 7,985,000
Summary by Fund
Environmental 3,199,000 3,213,000
Metro Landfill
Contingency 126,000 126,000
Solid Waste 4,684,000 4,646,000
$1,000,000 is transferred from the
motor vehicle transfer account in the
environmental fund to the environmental
response, compensation, and compliance
account in the environmental fund and
is appropriated as provided in this
subdivision.
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, 1997.
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.
The unencumbered balances of the
appropriations made to the commissioner
of the pollution control agency in Laws
1993, chapter 172, section 2, from the
motor vehicle transfer account in the
environmental fund for grants and
administrative costs for development of
management alternatives for shredder
residue from recyclable steel shall not
cancel, but is available through June
30, 1997.
$5,517,000 from the balance in the
motor vehicle transfer account in the
environmental fund, shall be
transferred to the general fund by June
30, 1997.
$50,000 is appropriated each year from
the solid waste fund for transfer to
the commissioner of revenue to enhance
compliance and collection of solid
waste assessments.
Subd. 5. Hazardous Waste Management
5,800,000 6,069,000
Summary by Fund
General 1,660,000 1,660,000
Environmental 2,202,000 2,206,000
Petroleum Cleanup 1,938,000 2,203,000
$100,000 the first year is transferred
from the motor vehicle transfer account
to be credited to the used motor oil
reimbursement account.
Subd. 6. Policy and Operational
Support
7,822,000 7,803,000
Summary by Fund
General 1,808,000 1,658,000
Environmental 4,563,000 4,684,000
Solid Waste 995,000 997,000
Metro Landfill
Contingency 8,000 8,000
Petroleum Tank 448,000 456,000
The following amounts are appropriated
for the final phase of an environmental
computer compliance management system:
General 400,000 400,000
Environmental 2,055,000 2,055,000
Petroleum Tank 32,000 32,000
Subd. 7. Deficiency Appropriation
$130,000 is appropriated from the
landfill cleanup fund to the
commissioner of the pollution control
agency for fiscal year 1995 for
rulemaking under Minnesota Statutes,
section 115A.47, and activities related
to defense of the statute in federal
court.
Sec. 3. OFFICE OF ENVIRONMENTAL
ASSISTANCE 20,487,000 20,487,000
Summary by Fund
General 19,146,000 19,146,000
Environmental 1,341,000 1,341,000
$14,008,000 the first year and
$14,008,000 the second year are for the
SCORE block grants to counties.
Any unencumbered grant and loan
balances in the first year do not
cancel but are available for grants and
loans in the second year.
All money in the metropolitan landfill
abatement account in the environmental
fund not otherwise appropriated is
appropriated to the office of
environmental assistance for the
purposes of Minnesota Statutes, section
473.844.
Sec. 4. ZOOLOGICAL BOARD
Subdivision 1. Total
Appropriation 5,274,000 5,074,000
The amounts that may be spent from this
appropriation are specified in the
following subdivisions.
Subd. 2. Biological Programs
655,000 655,000
Subd. 3. Operations
4,619,000 4,419,000
$200,000 in the first year is for
computer systems.
Sec. 5. NATURAL RESOURCES
Subdivision 1. Total
Appropriation 140,000 159,063,000 158,878,000
Summary by Fund
General 140,000 88,698,000 87,824,000
Game and Fish 51,477,000 51,339,000
Natural Resources 18,788,000 19,115,000
Permanent University -0- 500,000
Solid Waste 100,000 100,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Mineral Resources Management
4,717,000 4,717,000
Summary by Fund
General 4,717,000 4,217,000
Permanent University -0- 500,000
$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.
$45,000 the first year and $45,000 the
second year are for minerals
cooperative environmental research, of
which $30,000 the first year and
$30,000 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.
$500,000 the second year is from the
university lands and minerals suspense
account in the permanent university
fund for activities of the commissioner
to protect, improve, administer,
manage, and otherwise enhance the
mineral value of university lands.
This is a one-time appropriation. The
board of regents of the University of
Minnesota is requested to discuss
options with the commissioner of
natural resources to determine a method
to calculate reasonable costs of the
commissioner to maintain the university
trust lands.
Subd. 3. Water Resources Management
8,781,000 8,706,000
Summary by Fund
General 8,540,000 8,465,000
Natural Resources 241,000 241,000
$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.
$50,000 is for development and
administration of contracts with water
well contractors for exploratory
drilling and installation of
observation wells to characterize the
geologic and hydrologic conditions in
the southwest region of the state where
water supplies are difficult to
locate. This appropriation is
available until June 30, 1997, and is
contingent on the receipt by the
commissioner of $50,000 in nonstate
money. Results must be reported to the
legislative water commission by
February 15, 1996, and February 15,
1997.
$25,000 is appropriated in fiscal year
1996 under Minnesota Statutes, section
103G.701, to the commissioner of
natural resources for a grant,
requiring no local match, to Morrison
county for improving water flow along
the easterly shoreline of the
Mississippi river near Highway 10 in
Morrison county, notwithstanding
Minnesota Statutes, section 103G.701,
subdivision 4.
Subd. 4. Forest Management
30,121,000 31,148,000
Summary by Fund
General 29,679,000 30,706,000
Natural Resources 442,000 442,000
$2,736,000 the first year and
$2,736,000 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. If money is spent under
the appropriation in the preceding
sentence, the commissioner of natural
resources shall, by the 15th day of the
following month, report on how the
money was spent to the chairs of the
senate finance committee, the house of
representatives ways and means
committee, the finance division of the
senate environment and natural
resources committee, and the house of
representatives environment and natural
resources finance committee. The
appropriations may not be transferred.
Of this appropriation, $585,000 the
first year and $1,430,000 the second
year are for implementing the planned
timber harvest on state land. In
implementing the planned harvest, the
department shall follow existing
guidelines for protection of forest
resource values. By November 1, 1996,
and November 1, 1997, the commissioner
shall submit to the senate environment
and natural resources finance division
and the house environment and natural
resources finance committee a report
that includes: (1) the planned harvest
levels for the preceding fiscal year
and the fiscal year in which the report
is being submitted, and documentation
of the methodology used to determine
these levels; (2) the volume of, and
revenue from, timber sales on state
land during the preceding fiscal year;
and (3) a description of the resource
protection guidelines followed in
implementing the planned harvest.
$730,000 the first year and $1,007,000
the second year are for implementation
of the generic environmental impact
statement on timber harvesting. Of
these amounts, $140,000 the first year
and $140,000 the second year are for
transfer to the forest resources
council for the council's activities
under Minnesota Statutes, chapter 89A.
$100,000 the first year and $100,000 in
the second year is an increase in
appropriation to the Minnesota
conservation corps.
$75,000 is appropriated in the first
year to preserve and enhance oak
savannah stands in Ramsey county and
the city of St. Paul.* (The preceding
paragraph beginning "$75,000" was
vetoed by the governor.)
$20,000 in the first year is for
construction of a recreational shooting
area at Sand Dunes state forest.
Subd. 5. Parks and Recreation
Management
140,000 23,850,000 23,879,000
Summary by Fund
General 140,000 23,163,000 23,197,000
Natural Resources 687,000 682,000
$687,000 the first year and $682,000
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.
$50,000 in the first year and $50,000
in the second year are for operational
costs at Cuyuna Country State
Recreation Area.* (The preceding
paragraph beginning "$50,000" was
vetoed by the governor.)
In operating a work training program
for unemployed and underemployed
individuals for the 1995 parks season,
the commissioner of natural resources
shall implement the 1995 tentative
agreement with AFSCME, with any
modifications mutually agreed to by the
commissioner and AFSCME. The
commissioner may not operate a work
training program for unemployed and
underemployed individuals during the
1996 and 1997 park seasons unless the
terms and conditions of employment of
such individuals have been negotiated
and an agreement on these issues has
been reached with the exclusive
bargaining representatives of employees
pursuant to Minnesota Statutes, chapter
179A. Negotiations for the 1996 and
1997 park seasons must begin by
November 1 of the preceding year.
The commissioner of natural resources
shall develop an implementation plan,
including estimated costs and uses, for
an electronic permit tracking system
that would allow the identification and
tracking of state park users. The
commissioner shall submit the plan by
January 15, 1996, to the chairs of the
senate and house of representatives
environment and natural resources
committees, the finance division of the
senate environment and natural
resources committee, and the house of
representatives environment and natural
resources finance committee.
The commissioner shall prepare a
five-year plan for using available
funds to construct or modify for
accessibility to persons with physical
disabilities at least one trail in each
state park containing trails.
For 1995 - $140,000
$140,000 in fiscal year 1995 is
appropriated for replacement of
equipment and the contents of the
building destroyed by arson fire at
William O'Brien State Park.
Subd. 6. Trails and Waterways
Management
11,437,000 11,086,000
Summary by Fund
General 1,215,000 1,177,000
Game and Fish 1,334,000 1,021,000
Natural Resources 8,888,000 8,888,000
$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.
The amounts spent by the commissioner
of natural resources from the
appropriations in Laws 1993, chapter
311, article 1, section 18, paragraph
(a), for off-highway motorcycles and
article 2, section 19, paragraph (a),
for off-road vehicles must be
reimbursed to the general fund by June
30, 1996.
Subd. 7. Fish and Wildlife Management
35,555,000 35,490,000
Summary by Fund
General 2,656,000 2,656,000
Game and Fish 30,800,000 30,800,000
Natural Resources 2,099,000 2,034,000
$300,000 each year is for resource
population surveys in the 1837 treaty
area. Of this amount, $100,000 each
year is from the game and fish fund.
$955,000 the first year and $955,000
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.
$1,313,000 the first year and
$1,313,000 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.
$1,104,000 the first year and
$1,104,000 the second year are from the
wildlife acquisition account for only
the purposes specified in Minnesota
Statutes, section 97A.071, subdivision
3.
$1,200,000 the first year and
$1,200,000 the second year are from the
deer habitat improvement account for
only the purposes specified in
Minnesota Statutes, section 97A.075,
subdivision 1, paragraph (b).
$138,000 the first year and $138,000
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.
$661,000 the first year and $661,000
the second year are from the waterfowl
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
2.
$400,000 the first year and $400,000
the second year are from the trout and
salmon management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
3.
$545,000 the first year and $545,000
the second year are from the pheasant
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
4.
$284,000 the first year and $284,000
the second year are from the game and
fish fund for activities relating to
reduction and prevention of property
damage by wildlife. $50,000 each year
is for emergency damage abatement
materials.
Subd. 8. Enforcement
17,586,000 18,490,000
Summary by Fund
General 2,971,000 3,110,000
Game and Fish 11,370,000 11,710,000
Natural Resources 3,145,000 3,570,000
Solid Waste 100,000 100,000
$1,082,000 the first year and
$1,082,000 the second year are from the
water recreation account in the natural
resources fund for grants to counties
for boat and water safety.
The commissioner shall maintain
historic levels of overtime and retain
field-based conservation officer
positions except in the event of
unanticipated budget shortfalls or
unallotments. The commissioner may
reduce these items in proportion with
other reductions in the division.
$50,000 is appropriated in the second
year to add one area-wide conservation
officer in the seven-county
metropolitan area.
$50,000 the first year and $50,000 the
second year are for costs related to
the 1837 Treaty with the Chippewa.
$100,000 each year is from the solid
waste fund for solid waste enforcement
activities under Minnesota Statutes,
section 116.073.
Subd. 9. Operations Support
26,643,000 24,989,000
Summary by Fund
General 15,384,000 13,923,000
Game and Fish 7,973,000 7,808,000
Natural Resources 3,286,000 3,258,000
The commissioner of natural resources
may 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.
$750,000 in the first year is for
transfer to the attorney general's
office for treaty litigation expenses
related to the Mille Lacs and Fond du
Lac cases.
Any telephone services offered through
the information center must be provided
toll-free for all residents of the
state.
$150,000 in the second year is
appropriated to the commissioner of
natural resources for the southeast
asian information and outreach program.
The appropriation of $50,000 from the
game and fish fund contained in Laws
1993, chapter 172, section 5,
subdivision 8, to consolidate
enforcement arrest ledgers, is
available until June 30, 1996.
$5,000 the first year is for the
hydrologic task force expenses.
$8,000 from the natural resources fund
and $55,000 from the game and fish fund
in the first year is for design work on
a revenue accounting system. The
department must meet any requirements
contained in the information policy
office evaluation of the project before
expending any funds from this
appropriation.
$250,000 is appropriated in the first
year to be transferred to the director
of the office of strategic and
long-range planning. The money is to
be used for a grant to the Northern
Counties Land Use Coordinating Board,
contingent on the board receiving
$125,000 in local matching funds. The
grant is to be used for developing a
coordinated planning process and
comprehensive land use plans pursuant
to policy goals in the National
Environmental Policy Act, United States
Code, title 42, section 4331.
If the Morrison county board determines
that Morrison county did not comply
with tax-forfeiture laws with respect
to property owned in 1977 by Richard T.
Peterson, Route No. 6, Little Falls,
MN, 56345, in Morrison county, referred
to by Laws 1984, chapter 502, article
13, section 15, whose ownership he lost
to the state in a disputed
tax-forfeiture, then Morrison county is
authorized to pay $6,000 to Richard and
Nancy Peterson. If the county payment
is made, $6,000 is also appropriated
from the general fund to the
commissioner of natural resources for
payment to Richard and Nancy Peterson
and shall be paid to him within 60 days
of the payment by the county. The sum
of $12,000 represents the value of the
property at the time of the forfeiture
on August 16, 1982, and interest since
that date. This paragraph is not a
finding or attribution of
responsibility on the part of the
state, the county, or Richard and Nancy
Peterson. Under Minnesota Statutes,
section 645.023, subdivision 1, the
authority granted to the county by this
paragraph takes effect without local
approval.
Subd. 10. Integrated Resource
Management Pilot Project
373,000 373,000
The commissioner of natural resources
shall develop a pilot project for
implementation of a sustainable,
multiple-use natural resources
management system, including budgeting,
that is based on appropriate natural
resource management boundaries. In
developing the project, the
commissioner shall include hunting,
fishing, outdoor recreation,
agriculture, and other interested
groups. The commissioner shall
coordinate project activities with
activities of the pollution control
agency, the board of water and soil
resources, the department of
agriculture, the department of health,
and local governmental units. $173,000
each year is for community
environmental assistance. $200,000
each year is for geographic information
system implementation.
Six members of the legislature may
serve as liaisons between the
legislature and the commissioner in the
development of the pilot project. The
chairs of the senate environment and
natural resources committee and the
finance division of the committee may
jointly appoint three members of the
senate to act as liaisons, at least one
of whom must be a member of the
minority caucus. The chairs of the
house environment and natural resources
committee and the environment and
natural resources finance committee may
jointly appoint three members of the
house to act as liaisons, at least one
of whom must be a member of the
minority caucus. Legislative staff
may, at the direction of the
legislative liaisons, participate in
the development of the pilot project.
The commissioner shall submit a
preliminary plan by November 15, 1995,
and a final plan by February 15, 1996,
to the senate environment and natural
resources finance division and the
house environment and natural resources
finance committee. The preliminary and
final plans must include any plans of
the commissioner to transfer personnel
to the regions in which the pilot
project is to be implemented.
Of the amounts appropriated in this
section, none of the money for fiscal
year 1997 for activities in regions 4
and 5 may be spent until the final plan
for the pilot project has been approved
by the legislature.
Nothing in this subdivision alters any
restrictions in law relating to allowed
uses of revenues credited to the
general, game and fish, and natural
resources funds.
Sec. 6. BOARD OF WATER AND
SOIL RESOURCES 13,719,000 13,947,000
$5,353,000 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 and
$35,000 in each year is for a grant to
the St. Louis River board.
The board shall reduce the amount of
the natural resource block grant to a
county by an amount equal to any
reduction in the county's general
services allocation to a soil and water
conservation district from the county's
1994 allocation.
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.
$1,826,000 the first year and
$2,054,000 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.
$2,120,000 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.
$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
floodplain management.
Any unencumbered balance in the board's
program of grants does not cancel at
the end of the first year and is
available for the second year for the
same grant program.
Sec. 7. AGRICULTURE
Subdivision 1. Total
Appropriation 24,812,000 23,646,000
Summary by Fund
General 15,135,000 13,897,000
Environmental 269,000 269,000
Special
Revenue 122,000 9,408,000 9,480,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Protection Service
17,058,000 16,787,000
Summary by Fund
General 7,581,000 7,238,000
Environmental 269,000 269,000
Special
Revenue 122,000 9,208,000 9,280,000
$269,000 the first year and $269,000
the second year are from the
environmental response, compensation,
and compliance account in the
environmental fund.
$4,070,000 the first year and
$4,070,000 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.
$694,000 the first year and $694,000
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.
$431,000 the first year and $431,000
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.
$695,000 the first year and $695,000
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.
$691,000 the first year and $691,000
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.
$668,000 the first year and $668,000
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.
$1,644,000 the first year and
$1,716,000 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.
$315,000 the first year and $315,000
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.
$100,000 each year is appropriated from
the general fund for a contract with
the Minnesota institute for sustainable
agriculture to gather, evaluate,
publish, and disseminate sustainable
agriculture information to a broad
audience through both printed and
electronic means. The Minnesota
institute for sustainable agriculture
must work in cooperation with the
department of agriculture in carrying
out this activity. By January 15,
1997, the executive director of the
Minnesota institute for sustainable
agriculture must provide a progress
report to the legislative water
commission on its activities funded
under this section.
Notwithstanding Minnesota Statutes,
section 16A.1285, subdivision 2, the
commissioner need not increase fees to
recover general fund appropriations
made before July 1, 1995, to supplement
fee-supported activities or made for
fiscal year 1996 for dairy services
under Minnesota Statutes, chapter 32,
or for grain inspections under
Minnesota Statutes, chapter 17B.
$180,000 each year is for the
biological control program.
For 1995 - $122,000
There is appropriated $122,000 in
fiscal year 1995 from the seed potato
inspection fund to reimburse the
general fund appropriation to the
department of agriculture for costs
incurred in building the seed potato
facility located in East Grand Forks.
Subd. 3. Promotion and Marketing
1,146,000 1,146,000
Summary by Fund
General 954,000 954,000
Special Revenue 192,000 192,000
Notwithstanding Minnesota Statutes,
section 41A.09, subdivision 3, the
total payments from the ethanol
development account to all producers
may not exceed $25,000,000 for the
biennium ending June 30, 1997. If the
total amount for which all producers
are eligible in a quarter exceeds the
amount available for payments, the
commissioner shall make the payments on
a pro rata basis.
$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.
$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.
$192,000 the first year and $192,000
the second year are from the
commodities research and promotion
account in the special revenue fund.
Subd. 4. Administration and
Financial Assistance
6,608,000 5,713,000
Summary by Fund
General 6,600,000 5,705,000
Special Revenue 8,000 8,000
$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, 1997.
$150,000 the first year and $50,000 the
second year are for dairy policy
studies and federal milk marketing
order reform.
$285,000 the first year and $285,000
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
1996 or 1997.
$199,000 the first year and $199,000
the second year are for 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 $4 of state money 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, of which $10,000 each year
may be used for farm safety programs
and remains available until June 30,
1997.
$53,000 the first year and $53,000 the
second year are for payment of claims
relating to livestock damaged by
threatened or 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.
$115,000 the first year and $115,000
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.
$50,000 the first year and $50,000 the
second year are for the passing on the
farm center under Minnesota Statutes,
section 17.985. This appropriation is
available only to the extent matched
with nonstate money.* (The preceding
paragraph beginning "$50,000" was
vetoed by the governor.)
$75,000 the first year and $75,000 the
second year are for grants to the
University of Minnesota for applied
research on odor control at feedlots.
This appropriation is available only if
matched by the same amount in nonstate
money. The research must provide: (1)
an evaluation of cost-effective covers
for manure storage structures; and (2)
development of economical means of
altering the biological activity in
manure storage structures to reduce
odor emissions.
$25,000 the first year is for a grant
to the University of Minnesota for
research into the effects feedlots have
on the value of nearby property. The
research must take into account the
distance the property is from the
feedlot, the type of feedlot, and be
based on actual sales of property near
feedlots.
$150,000 is for a grant to the beaver
damage control joint powers board
formed by the counties of Beltrami,
Clearwater, Marshall, Pennington, Polk,
Red Lake, Mahnomen, Norman, Becker,
Hubbard, Itasca, Kittson, Koochiching,
St. Louis, Roseau, and Lake of the
Woods for the purpose of beaver damage
control. The grant must be matched by
at least $80,000 from the joint powers
board. The joint powers board may
enter into an agreement with the Red
Lake Band of Chippewa Indians for
participation by the band in the joint
powers board's beaver damage control
program. This appropriation is
available until June 30, 1997.* (The
preceding paragraph beginning
"$150,000" was vetoed by the governor.)
Notwithstanding any other law to the
contrary, for fiscal year 1995 $800,000
from the general fund may be
transferred to the special account
created in Minnesota Statutes, section
17B.15, subdivision 1, to provide an
operating loan to the grain inspection
and weighing account. The commissioner
of agriculture shall repay the loan
from the special account by June 30,
1997.
$50,000 in the first year shall be used
by the commissioner of agriculture as a
grant for a pilot project for an
anaerobic digestion plant for the
management of animal manures and
research of other appropriate
technologies for management of animal
manures.
$350,000 the first year is for transfer
to the ethanol development account in
the special revenue fund.
$200,000 the first year is for transfer
to the value added agriculture product
revolving loan account in the special
revenue fund.
$20,000 in the first year is to provide
staff and research support for the
livestock processing markets task
force.* (The preceding paragraph
beginning "$20,000" was vetoed by the
governor.)
Sec. 8. BOARD OF ANIMAL HEALTH 2,165,000 2,217,000
Sec. 9. MINNESOTA-WISCONSIN
BOUNDARY AREA COMMISSION 164,000 168,000
Summary by Fund
General 134,000 138,000
Natural Resources 30,000 30,000
This appropriation is only available to
the extent it is matched by an equal
amount from the state of Wisconsin.
$60,000 is from the water recreation
account in the natural resources fund
for the St. Croix management and
stewardship program.
Sec. 10. CITIZEN'S COUNCIL ON
VOYAGEURS NATIONAL PARK 59,000 60,000
Sec. 11. SCIENCE MUSEUM
OF MINNESOTA 1,108,000 1,108,000
Sec. 12. MINNESOTA ACADEMY
OF SCIENCE 36,000 36,000
Sec. 13. MINNESOTA HORTICULTURAL
SOCIETY 72,000 72,000
Sec. 14. AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE 4,330,000 4,330,000
Summary by Fund
General 4,130,000 4,130,000
Special Revenue 200,000 200,000
$200,000 each year is for a grant to
the natural resources research
institute for hybrid tree management
research and development of an
implementation plan for establishing
hybrid tree plantations in the state.
This appropriation is available to the
extent matched by $2 of nonstate money
for each $1 of state money.
Sec. 15. ATTORNEY GENERAL 40,000
This appropriation is from the solid
waste fund for the voluntary insurance
buy-out program evaluation required by
Laws 1994, chapter 639, article 2,
section 5.
Sec. 16. PUBLIC SAFETY 50,000
$50,000 is appropriated from the
highway user tax distribution fund to
the commissioner of public safety for
costs of handling and manufacturing
special license plates under section 85.
Sec. 17. OFFICE OF STRATEGIC AND
LONG-RANGE PLANNING 100,000 100,000
$100,000 the first year and $100,000
the second year are for the sustainable
development initiatives round table.
Sec. 18. TRADE AND ECONOMIC DEVELOPMENT 100,000
This appropriation is from the general
fund to the commissioner of trade and
economic development for grants to
political subdivisions for projects
that provide for improved resource
management, tourism promotion, and
economic development for American
resorts on the Minnesota-Ontario border
area of Lake of the Woods, Rainy River,
and Rainy Lake.
Sec. 19. MINNESOTA RESOURCES
Subdivision 1. Total
Appropriation 32,872,000
Summary by Fund
Minnesota Future
Resources Fund 15,083,000
Environment and
Natural Resources
Trust Fund 15,604,000
Of this appropriation $3,144,000 is
trust fund acceleration.
Oil Overcharge
Money in the Special
Revenue Fund 2,055,000
Great Lakes Protection
Account 130,000
The amounts in this section are
appropriated for the biennium ending
June 30, 1997. Unless otherwise
provided, the projects in this section
must be completed and final products
delivered by June 30, 1997.
Subd. 2. Definitions
(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
money referred to in Minnesota
Statutes, section 116P.11, paragraph
(b), clause (4).
(d) "Oil overcharge money" means the
money referred to in Minnesota
Statutes, section 4.071, subdivision 2.
(e) "Great lakes protection account"
means the account referred to in
Minnesota Statutes, section 116Q.02.
Subd. 3. Legislative Commission
on Minnesota Resources 702,000
$308,000 of this appropriation is from
the future resources fund and $394,000
is from the trust fund, pursuant to
Minnesota Statutes, section 116P.09,
subdivision 5.
Subd. 4. Parks and Trails
(a) METROPOLITAN REGIONAL
PARK SYSTEM 3,950,000
This appropriation is from the trust
fund for payment by the commissioner of
natural resources to the metropolitan
council for subgrants to rehabilitate,
develop, acquire, and retrofit the
metropolitan regional park system
consistent with the metropolitan
council regional recreation open space
capital improvement program and
subgrants for regional trails,
consistent with an updated regional
trail plan. $1,666,000 of this
appropriation is from the trust fund
acceleration.
This appropriation may be used for the
purchase of homes only if the purchases
are expressly included in the work
program approved by the legislative
commission on Minnesota resources.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(b) STATE PARK AND RECREATION AREA
ACQUISITION, DEVELOPMENT, BETTERMENT,
AND REHABILITATION 3,150,000
This appropriation is from the trust
fund to the commissioner of natural
resources as follows: (1) for state
park and recreation area acquisition
$1,070,000, of which up to $670,000 may
be used for state trail acquisition of
a critical nature; (2) for state park
and recreation area development
$680,000; and (3) for betterment and
rehabilitation of state parks and
recreation areas $1,400,000. The use
of the Minnesota conservation corps is
encouraged in the rehabilitation and
development.
$1,384,000 of this appropriation is
from the trust fund acceleration. The
commissioner must submit grant requests
for supplemental funding for federal
ISTEA money in eligible categories and
report the results to the legislative
commission on Minnesota resources.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(c) STATE TRAIL REHABILITATION
AND ACQUISITION 250,000
This appropriation is from the trust
fund to the commissioner of natural
resources for state trail plan
priorities. $94,000 of this
appropriation is from the trust fund
acceleration. The commissioner must
submit grant requests for supplemental
funding for federal ISTEA money and
report the results to the legislative
commission on Minnesota resources.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(d) WATER ACCESS 600,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate public water
access acquisition and development
statewide. Access includes boating
access, fishing piers, and shoreline
access. Up to $100,000 of this
appropriation may be used for a
cooperative project to acquire and
develop land, local park facilities, an
access trail, and a boat access at the
LaRue pit otherwise consistent with the
water access program.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(e) LOCAL GRANTS 1,800,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to provide matching
grants, as follows: (1) $500,000 to
local units of government for local
park and recreation areas; (2) $500,000
to local units of government for
natural and scenic areas pursuant to
Minnesota Statutes, section 85.019; (3)
$400,000 to local units of government
for trail linkages between communities,
trails, and parks; and (4) $400,000 for
a conservation partners program, a
statewide pilot to encourage private
organizations and local governments to
cost share enhancement of fish,
wildlife, and native plant habitats;
and research and surveys of fish and
wildlife, and related education
activities. Conservation partners
grants may be up to $10,000 each and
must be equally matched. In addition
to the required work program, grants
may not be approved until grant
proposals to be funded have been
submitted to the legislative commission
on Minnesota resources and the
commission has either made a
recommendation or allowed 60 days to
pass without making a recommendation.
The above appropriations are available
half for the metropolitan area as
defined in Minnesota Statutes, section
473.121, subdivision 2, and half for
outside of the metropolitan area. For
the purpose of this paragraph, match
includes nonstate contributions either
cash or in-kind.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(f) MINNEAPOLIS PARK AND
TRAIL CONNECTIONS 141,000
This appropriation is from the future
resources fund to the commissioner of
transportation for half of the
nonfederal match of ISTEA projects for
the Minneapolis park and recreation
board to develop park and trail
connections including: Minnehaha park
to Mendota bridge, Stone Arch bridge to
bridge number 9 on West River Parkway,
Boom island to St. Anthony Parkway, and
West River Parkway to Shingle Creek
Parkway. The Minneapolis park and
recreation board must apply for and
receive approval of the federal money
in order to receive this appropriation.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(g) LOCAL SHARE FOR ISTEA
FEDERAL PROJECTS 300,000
This appropriation is from oil
overcharge money to the commissioner of
administration for half of the
nonfederal match of ISTEA projects
for: (1) Chisago county, $150,000 for
a trail between North Branch and Forest
Lake township; and (2) the St. Louis
and Lake counties regional rail
authority, $150,000 for the development
of approximately 40 miles of a
multipurpose recreational trail
system. Chisago county and the St.
Louis and Lake counties regional rail
authority must apply for and receive
approval of the federal money in order
to receive these appropriations.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(h) PINE POINT PARK REST STATION 100,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Washington county to construct a rest
station on the Gateway segment of the
Willard Munger state trail in
compliance with the Americans with
Disabilities Act. This appropriation
must be matched by at least $30,000 of
nonstate money.
(i) INTERACTIVE MULTIMEDIA COMPUTER
INFORMATION SYSTEM 45,000
This appropriation is from the future
resources fund to the commissioner of
trade and economic development, office
of tourism, for an agreement with
Explore Lake County, Inc. to develop a
pilot multimedia interactive computer
information system at the R. J. Houle
visitor information center.
(j) UPPER SIOUX AGENCY STATE PARK 200,000
This appropriation to the commissioner
of natural resources is from the future
resources fund for bathroom and shower
facilities at Upper Sioux Agency State
Park.
(k) GRAIN BELT MISSISSIPPI
RIVERFRONT DEVELOPMENT 500,000
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 Minneapolis park and recreation
board, which shall cooperate with the
Minneapolis community development
agency to create riverfront
recreational park and marina facilities
through acquisition and development of
Mississippi riverfront property. This
appropriation is contingent on this
facility being designated part of the
metropolitan regional park and open
space system. This appropriation is
also contingent on the Guthrie
theater's occupancy of the Grain Belt
Brewery.
(l) WILDCAT REGIONAL PARK 40,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Houston county to construct an
off-channel boat ramp on the
Mississippi River, and wingwalls to
protect the ramp and existing swimming
beach.
Subd. 5. Management Approaches
(a) LOCAL RIVER PLANNING -
CONTINUATION 140,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for the third
biennium of a three-biennium project to
assist counties statewide in developing
comprehensive plans for the management
and protection of rivers through grants
for up to two-thirds of the cost that
address locally identified issues while
maintaining consistency with state
floodplain and shoreland laws and local
water plans. For the purpose of this
paragraph, the nonstate portion
includes contributions either cash or
in-kind. The appropriation in Laws
1993, chapter 172, section 14,
subdivision 11, paragraph (b), is
available until June 30, 1997.
(b) CANNON RIVER WATERSHED STRATEGIC
PLAN: INTEGRATED MANAGEMENT 325,000
$245,000 of this appropriation is from
the trust fund and $80,000 is from the
future resources fund to the board of
water and soil resources for an
agreement with the Cannon River
Watershed Partnership to implement
activities in the Cannon River
watershed through matching grants and
technical assistance. This
appropriation must be matched by at
least $81,000 of nonstate money.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(c) TRI-COUNTY LEECH LAKE
WATERSHED PROJECT 300,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Cass county in cooperation with the
Tri-County Leech Lake Watershed project
for integrated resource management in
the watershed through baseline data,
public information and education, and
pilot projects.
(d) BLUFFLANDS LANDSCAPE 630,000
$450,000 of this appropriation is from
the trust fund and $180,000 is from the
future resources fund to the
commissioner of natural resources to
assist communities in developing a
management framework for the scenic and
biological resources of the Mississippi
valley blufflands landscape and to
foster integrated decisions and citizen
commitment to long-term resource
protection. $304,000 is for a
cooperative agreement with
Architectural Environments; at least
$40,000 of this amount must be used for
demonstration and implementation
activities. $236,000 is for a
cooperative agreement with Historic
Bluff Country. $90,000 is for expenses
within the department of natural
resources. This appropriation must be
matched by at least $50,000 of nonstate
money.
(e) GLACIAL LAKE AGASSIZ BEACH
RIDGES: MINING AND PROTECTION 85,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to coordinate a
long-term plan for the beach ridges in
Clay county that balances protection of
native prairies with a sustainable
aggregate industry.
(f) ATMOSPHERIC MERCURY EMISSIONS,
DEPOSITION, AND ENVIRONMENTAL COST
EVALUATION 575,000
This appropriation is from the future
resources fund to the commissioner of
the pollution control agency for a
mercury emission inventory and
quantification of mercury atmospheric
deposition. $50,000 is for an
evaluation of the external costs of
mercury emissions from Minnesota
sources.
(g) MERCURY DEPOSITION AND
LAKE QUALITY TRENDS 250,000
$120,000 of this appropriation is from
the future resources fund and $130,000
is from the Great Lakes protection
account to the commissioner of the
pollution control agency for an
agreement with the University of
Minnesota-Duluth to synthesize and
interpret a five-year (1990-1994)
mercury deposition database and
evaluate water quality and fish
contamination trends for 80 high-value
lakes and compare it with historic
data. This is to be done in
cooperation with the pollution control
agency. Data compatibility
requirements in subdivision 14 apply to
this appropriation.
(h) FEEDLOT AND MANURE MANAGEMENT
PRACTICES ASSISTANCE 200,000
This appropriation is from the future
resources fund to the commissioner of
agriculture to accelerate adoption of
and changes in feedlot and manure
management practices through research,
economic analysis, and enhanced program
design and delivery. $100,000 of this
appropriation is for an agreement with
the University of Minnesota for
evaluation of manure effluent
treatments.
(i) WATER QUALITY IMPACTS OF FEEDLOT
POLLUTION CONTROL SYSTEMS 300,000
This appropriation is from the future
resources fund to the commissioner of
the pollution control agency to
evaluate earthen manure storage basins
and vegetated filter strips for effects
on ground and surface water quality by
monitoring seepage and runoff. This
appropriation must be matched by at
least $267,000 of nonstate
contributions, either cash or in-kind.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(j) SHORELAND SEPTIC INVENTORY
AND EDUCATION 145,000
This appropriation is from the future
resources fund to the board of water
and soil resources in cooperation with
the pollution control agency for an
agreement with Hubbard county to
inventory the Mantrap watershed for
failing septic systems and education
and enforcement efforts to implement
upgrading of the systems. In the work
program for this project required under
Minnesota Statutes, section 116P.05,
subdivision 2, paragraph (c), Hubbard
county shall include documentation that
the county is actively pursuing
adoption of a countywide ordinance to
regulate individual sewage treatment
systems.
(k) ALTERNATIVE INDIVIDUAL SEWAGE
TREATMENT SYSTEMS DEVELOPMENT AND
DEMONSTRATION 425,000
This appropriation is from the future
resources fund to the commissioner of
the pollution control agency to develop
and demonstrate reliable, low cost
alternative designs for septic systems
in areas with seasonally high water
tables, and designs for removal of
nitrogen by septic systems.
(l) PATHWAYS TO SUSTAINABLE
DEVELOPMENT 200,000
This appropriation is from the trust
fund to the director of the office of
strategic and long-range planning for
the environmental quality board to
evaluate government barriers to
sustainable development in agriculture,
energy, manufacturing, and settlement
and to recommend strategies to address
priority barriers to sustainable
development.
(m) UPPER MISSISSIPPI RIVER
PROTECTION PROJECT 200,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the Mississippi headwaters board in
cooperation with the metropolitan
council to protect the Mississippi
river from water quality impairment.
This appropriation must be matched by
at least $100,000 of nonstate
contributions, either cash or in-kind.
(n) FOREST MANAGEMENT TO MAINTAIN
STRUCTURAL AND SPECIES DIVERSITY 160,000
This appropriation is from the trust
fund to the commissioner of natural
resources to document forest management
practices in a pilot area, assess the
long-term effects of current and
alternative timber harvest practices on
structural aspects of biological
diversity (especially old-growth forest
characteristics), and prepare forest
management guidelines to maintain these
features in commercial forests.
(o) ACCELERATED NATIVE GRASS AND FORBS
ON ROAD RIGHTS-OF-WAY 150,000
This appropriation is from the trust
fund to the commissioner of natural
resources in cooperation with the
interagency roadside committee to
accelerate native plant establishment
and management in roadsides using
integrated resource management
techniques including educational
materials about benefits of low
maintenance and biologically diverse
roadsides statewide.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(p) ACCELERATED LANDSCAPE MANAGEMENT
ACTIVITIES IN WHITEWATER WATERSHED 60,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to expand activities
in the Whitewater watershed through
shared funding and staffing to assist
and coordinate with the Whitewater
watershed project on landscape
management activities such as
sustainable land use, watershed
restoration, and improved water quality.
(q) SUSTAINABLE GRASSLAND CONSERVATION
AND UTILIZATION 125,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to develop integrated
grassland projects in northwest
Minnesota and to evaluate different
management strategies.
(r) DEVELOPING, EVALUATING, AND
PROMOTING SUSTAINABLE FARMING SYSTEMS 225,000
This appropriation is from the future
resources fund to the commissioner of
agriculture for an agreement with the
Whitewater joint powers board to
develop and evaluate farming systems
for impacts on ecosystems,
profitability, and quality of life
through on-farm research, experiment
station research, watershed
demonstration farms, and education.
This appropriation must be matched by
at least $50,000 of nonstate money.
(s) COOPERATIVES TO PROMOTE
SUSTAINABLE AGRICULTURAL PRACTICES
AND RESEARCH 100,000
This appropriation is from the future
resources fund to the commissioner of
agriculture for an agreement with the
sustainable farming association of
Minnesota to promote sustainable
farming practices by strengthening
farmer-based demonstration and
education networks of the sustainable
farming association and by forming a
pilot cooperative of on-farm and
southwest experiment station research.
This appropriation must be matched by
at least $15,000 of nonstate money.
(t) RECYCLED BIOSOLIDS PRODUCT USED
TO RECLAIM DISTURBED AREAS 200,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for payment to the
metropolitan council in cooperation
with N-Viro, Minnesota to increase the
market for biosolids by demonstrating
the use of N-Viro soil for reclamation
through a program of research and field
and public demonstrations.
Subd. 6. Environmental Education
(a) LEOPOLD EDUCATION PROJECT
CURRICULUM 100,000
This appropriation is from the trust
fund to the office of environmental
assistance for an agreement with
Pheasants Forever, Inc. to provide
teacher training in the use of the
Leopold education project conservation
ethics curriculum. This appropriation
must be matched by at least $50,000 of
nonstate money.
(b) ENVIRONMENTAL EDUCATION
TEACHER TRAINING 500,000
This appropriation is from the trust
fund to the office of environmental
assistance in cooperation with the
environmental education advisory board
to develop and deliver statewide
environmental education training for
preservice and in-service teachers.
(c) SHARING ENVIRONMENTAL
EDUCATION KNOWLEDGE 200,000
This appropriation is from the trust
fund to the office of environmental
assistance in cooperation with the
environmental education advisory board
to plan and develop an information data
exchange and service center that
coordinates the collection, evaluation,
dissemination, and promotion of
environmental education resources and
programs.
(d) ENVIRONMENTAL VIDEO RESOURCE
LIBRARY AND PUBLIC TELEVISION SERIES 250,000
This appropriation is from the future
resources fund to the office of
environmental assistance in cooperation
with the environmental education
advisory board for an agreement with
Twin Cities Public Television to create
a resource information center for
environmental video and to produce and
broadcast an environmental television
series about Minnesota environmental
achievements.
(e) DEVELOPMENT, ASSIMILATION, AND
DISTRIBUTION OF WOLF EDUCATIONAL
MATERIALS 100,000
This appropriation is from the future
resources fund to the office of
environmental assistance for an
agreement with the International Wolf
Center to collect and develop written,
electronic, and photographic
audio-visual material about wolf
ecology, recovery, and management for
electronic distribution. This
appropriation must be matched by at
least $30,000 of nonstate money.
(f) ENVIRONMENTAL ACTION GRANTS
FOR MINNESOTA SCHOOLS 200,000
This appropriation is from the trust
fund to the department of natural
resources for an agreement with St.
Olaf college for the school nature area
project matching grants to schools for
school area nature sites. This
appropriation must be matched by at
least $50,000 of nonstate money.
(g) ELECTRONIC ENVIRONMENTAL
EDUCATION NETWORK 250,000
This appropriation is from the future
resources fund to the office of
environmental assistance for an
agreement with the University of
Minnesota raptor center to develop a
program for student participation in
satellite-tracking research, data
collection and dissemination using
INTERNET, workshops, material
development, and off-site classroom
experience. This appropriation must be
matched by at least $38,000 of nonstate
money.
(h) THREE RIVERS INITIATIVE 750,000
This appropriation is from the future
resources fund to the Science Museum of
Minnesota to develop exhibits and
programs focusing on the Mississippi,
Minnesota, and St. Croix rivers.
(i) INTERACTIVE COMPUTER EXHIBIT ON
MINNESOTA RENEWABLE ENERGY SOURCES 150,000
This appropriation is from oil
overcharge money to the commissioner of
administration for an agreement with
the Izaak Walton League of America,
midwest office in cooperation with the
Science Museum of Minnesota to develop
and disseminate an interactive
multimedia computer exhibit on
renewable energy resources.
(j) TREES FOR TEENS: TRAINING,
RESOURCES, EDUCATION, EMPLOYMENT,
SERVICE 75,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Twin Cities Tree Trust to develop a
pilot program and curriculum materials
for educating high school students
about urban forestry and assisting them
in carrying out peer education and
community service projects. This
project must be done in cooperation
with the Minnesota releaf program.
(k) REDWOOD FALLS SCHOOL DISTRICT
NO. 637 ENVIRONMENTAL EDUCATION PROJECT 250,000
This appropriation is from the future
resources fund to the office of
environmental assistance for an
agreement with the Redwood Falls school
district to accelerate development of
an outdoor environmental learning
center and to integrate environmental
education into the K-12 curriculum.
Project development will include
prairie access improvements including a
trail system, establishment of a
wetland, and an arboretum.
(l) TOGETHER OUTDOORS MINNESOTA 575,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Wilderness Inquiry for diversity
specialist training, training of
outdoor service professionals to
provide inclusive programming, and
diversity networking, including the
development of a directory of
recreation facility accessibility.
This appropriation must be matched by
at least $80,000 of nonstate money.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(m) ENHANCED NATURAL RESOURCE
OPPORTUNITIES FOR ASIAN-PACIFIC
MINNESOTANS 150,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for the second
biennium of funding for community
outreach, cultural collaboration,
training, and education to increase
Asians' participation and understanding
of natural resources management.
Supplemental funding must be requested
and the results reported to the
legislative commission on Minnesota
resources.
(n) DELIVER ECOLOGICAL INFORMATION
AND TECHNICAL ASSISTANCE TO
LOCAL GOVERNMENTS 100,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to provide
interpretation of ecological data
collected by the county biological
survey.
(o) NONPOINT SOURCE POLLUTION
PUBLIC EDUCATION DEMONSTRATION PROJECT 100,000
This appropriation is from the future
resources fund to the commissioner of
the pollution control agency for an
agreement with the city of St. Paul for
a joint project with the city of
Minneapolis to conduct surveys and
develop and implement nonpoint source
pollution public education. This
appropriation must be matched by at
least $12,000 of nonstate money.
(p) WHITETAIL DEER RESOURCE CENTER 50,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the Minnesota Deer Hunters Association
to develop a facility and operations
plan. This appropriation must be
matched by $50,000 of nonstate money.
(q) GORDON GULLION CHAIR IN FOREST
WILDLIFE RESEARCH AND EDUCATION 350,000
This appropriation is from the future
resources fund to the University of
Minnesota to establish an endowed chair
in forest wildlife research and
education to develop forest and
wildlife sustainable management
practices. This appropriation must be
matched by at least $350,000 of
nonstate money. This project must be
completed and final products delivered
by December 31, 1997, and the
appropriation is available until that
date.
(r) NEY ENVIRONMENTAL CENTER 100,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Le Sueur county to develop an
environmental learning center in the
Minnesota River Valley near Henderson.
The appropriation shall be used to
convert existing buildings to
classrooms, add restroom facilities and
improve access, and remove unneeded
structures.
(s) LAWNDALE ENVIRONMENTAL CENTER 400,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Lawndale Environmental Foundation to
develop an environmental learning
center near Herman with emphasis on
prairie, wetlands, and agricultural
themes. This appropriation must be
matched by at least $100,000 of
nonstate money.
Subd. 7. Natural Resource Data
(a) ENVIRONMENTAL INDICATORS INITIATIVE 350,000
This appropriation is from the trust
fund to the commissioner of natural
resources to create the framework for
an integrated, statewide network for
selecting and monitoring environmental
indicators to assess and communicate
Minnesota's environmental health status
and trends. The work program must be
submitted to the environmental quality
board for review before approval by the
legislative commission on Minnesota
resources. Data compatibility
requirements in subdivision 14 apply to
this appropriation.
(b) ASSESSING WETLAND QUALITY WITH
ECOLOGICAL INDICATORS 275,000
This appropriation is from the trust
fund to the board of water and soil
resources for an agreement with the
University of Minnesota to develop
plant and animal indicators of wetland
quality, establish a system of
reference natural wetlands for
comparative monitoring, and develop
guidelines for wetland assessment and
monitoring to guide replacement wetland
monitoring. Data compatibility
requirements in subdivision 14 apply to
this appropriation.
(c) COUNTY BIOLOGICAL
SURVEY - CONTINUATION 900,000
This appropriation is from the trust
fund to the commissioner of natural
resources for the fifth biennium of a
proposed 12-biennium project to
accelerate the county biological survey
for the systematic collection,
interpretation, and distribution of
data on the distribution and ecology of
rare plants, animals, and natural
communities. Data compatibility
requirements in subdivision 14 apply to
this appropriation.
(d) FOREST BIRD DIVERSITY
INITIATIVE - CONTINUATION 400,000
This appropriation is from the trust
fund to the commissioner of natural
resources for the third biennium of a
proposed six-biennium project for a
comprehensive monitoring and research
program that develops management tools
to maintain diversity of forest birds
and establishes benchmarks for using
birds as ecological indicators of
forest health. Data compatibility
requirements in subdivision 14 apply to
this appropriation. This project must
be completed and final products
delivered by December 31, 1997, and the
appropriation is available until that
date.
(e) BASE MAPS FOR 1990s - FINAL
PHASE CONTINUATION 600,000
This appropriation is from the trust
fund to the director of the office of
strategic and long-range planning to
provide the third biennium of a
three-biennium state match for a
federal program to complete statewide
coverage of orthophoto maps and
complete the update mapping for the
state's most obsolete topographic
maps. Data compatibility requirements
in subdivision 14 apply to this
appropriation.
(f) COMPLETION OF STATEWIDE LAND USE
UPDATE - CONTINUATION 380,000
This appropriation is from the future
resources fund to the director of the
office of strategic and long-range
planning, in cooperation with the board
of water and soil resources, for an
agreement with the association of
Minnesota counties for the third and
final biennium to complete the update
of the land use map for Minnesota,
complete conversion of the data to
computer format, and make the data
available to users. Data compatibility
requirements in subdivision 14 apply to
this appropriation.
(g) FILLMORE COUNTY SOIL
SURVEY UPDATE 65,000
This appropriation is from the future
resources fund to the board of water
and soil resources to provide half of
the nonfederal share to begin a
three-biennium project to update the
Fillmore county soil survey into a
digitized and manuscript format. Data
compatibility requirements in
subdivision 14 apply to this
appropriation.
(h) MINNESOTA RIVER TILE SYSTEM
RESEARCH - CONTINUATION 150,000
This appropriation is from the future
resources fund to the commissioner of
the pollution control agency for the
second biennium of a two-biennium
project to continue research on the
impact of and best management practices
for surface tile inlets.
(i) SUGARLOAF SITE ASSESSMENT AND
INTERPRETATION 70,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the Sugarloaf Interpretive Center
Association for inventories, native
habitat restoration, and the
interpretation of the natural and
cultural characteristics of Sugarloaf
Cove. The data collection must be
coordinated with the department of
natural resources natural heritage
program. Reasonable public use and
access must be provided. This
appropriation must be matched by
$30,000 of nonstate money.
(j) MICROBIAL DETERIORATION OF ASPHALT
MATERIALS AND ITS PREVENTION 60,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for a transfer to the
commissioner of transportation to
survey microbial deterioration of
asphalt-bituminous materials in
cooperation with Bemidji state
university or other research
institutions.
(k) ANALYSIS OF LANDS ENROLLED
IN CONSERVATION RESERVE PROGRAM 200,000
This appropriation is from the
Minnesota future resources fund to the
commissioner of agriculture for
continuing the analysis of lands
enrolled in the conservation reserve
program relative to nonpoint source
pollution, developing land management
options for lands emerging from the
program, and developing the capability
to target future program funds for the
greatest environmental benefit.
Subd. 8. Urban Natural Resources
(a) URBAN WILDLIFE HABITAT PROGRAM 150,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the St. Paul neighborhood energy
consortium to provide workshops and
native planting materials to households
for landscaping for wildlife,
demonstrating plant diversity, and
alternative lawn care practices in the
urban environment. This project must
be done in cooperation with the
department of natural resources nongame
wildlife and releaf programs. This
appropriation must be matched by at
least $35,000 of nonstate money.
(b) GARDENING PROGRAM - STATEWIDE 300,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the sustainable resources center for a
joint project with the Minnesota
horticultural society - Minnesota Green
and Duluth Plant-A-Lot community garden
program to provide technical assistance
on community plantings, food gardens,
trees, native plants, and
environmentally sound horticultural and
land use practices. This appropriation
must be matched by at least $3,000 in
nonstate money.
(c) RELEAF: PLANTING FOR ENERGY
CONSERVATION IN COMMUNITIES 400,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for an agreement with
the department of natural resources for
the second biennium of a project to
achieve the strategic planting of
predominately native shade trees and
community windbreaks for statewide
energy conservation and carbon dioxide
abatement through acceleration of the
Minnesota releaf program by providing
grants administered on a reimbursement
basis. The program shall be
administered to maximize local
contributions on a cash and service
basis.
(d) MAPLEWOOD INNOVATIVE STORM
WATER MANAGEMENT PROJECT 100,000
This appropriation is from the future
resources fund to the commissioner of
the pollution control agency for an
agreement with the city of Maplewood to
design, construct, and monitor a
demonstration stormwater management
system. This appropriation must be
matched by at least $165,000 of
nonstate money.
(e) PHALEN WETLAND RESTORATION 115,000
This appropriation is from the trust
fund to the board of water and soil
resources for an agreement with the
city of St. Paul to restore a wetland
at the south end of Lake Phalen. This
appropriation must be matched by at
least $50,000 in nonstate money.
(f) WETLAND RESTORATION AND
ENHANCEMENT TO CREATE COMMUNITY AMENITY
AND FORM 200,000
This appropriation is from the trust
fund to the director of the office of
strategic and long-range planning for
an agreement with the University of
Minnesota to provide technical design
assistance to help five communities
create restored and enhanced wetlands
that reinforce community form and
emphasize habitat creation, water
quality, and recreational amenities.
(g) METROPOLITAN AREA GROUNDWATER
MODEL TO PREDICT CONTAMINANT MOVEMENT 250,000
This appropriation is from the trust
fund to the commissioner of the
pollution control agency to develop and
apply a tool to improve prediction of
contaminant movement in groundwater at
contamination sites in the metropolitan
area using a flexible regional
groundwater flow model. Data
compatibility requirements in
subdivision 14 apply to this
appropriation.
(h) ARBORETUM BOUNDARY LAND
ACQUISITION 680,000
This appropriation is from the future
resources fund to the University of
Minnesota for a grant to the University
of Minnesota landscape arboretum
foundation to expand the boundary of
the Minnesota Landscape Arboretum and,
if money is available after the
intended acquisition, to develop a
wetland restoration demonstration.
This appropriation must be matched by
at least $400,000 nonstate money.
Subd. 9. Fisheries
(a) STATEWIDE EXPERIMENTAL
FISHING REGULATIONS 650,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for baseline data
collection to evaluate experimental
fishing regulations.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(b) RIM - ACCELERATE FISHERIES
ACQUISITION FOR ANGLER ACCESS 300,000
This appropriation is from the trust
fund to the commissioner of natural
resources to provide increased angler
access by accelerating easement and fee
title acquisition of land adjacent to
streams and lakes, including access for
non-boat owners and urban users.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(c) RIM - ACCELERATE STATEWIDE
FISHERIES HABITAT DEVELOPMENT,
HATCHERY REHABILITATION, AND
STREAM FLOW PROTECTION 1,000,000
$555,000 of this appropriation is from
the trust fund and $445,000 is from the
future resources fund to the
commissioner of natural resources to
implement projects for the acquisition,
restoration, improvement, and
development of fisheries habitat and
hatchery rehabilitation. Up to
$215,000 of the trust fund
appropriation is available to continue
the stream flow protection program for
the second biennium of a proposed
eight-biennium effort to establish a
watershed level stream habitat database
and develop the tools to set protected
flows for ecosystem diversity. Data
compatibility requirements in
subdivision 14 apply to this
appropriation.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
Subd. 10. Wildlife
(a) RIM - ACCELERATE WILDLIFE
LAND ACQUISITION 650,000
$510,000 of this appropriation is from
the trust fund and $140,000 is from the
future resources fund to the
commissioner of natural resources to
accelerate acquisition activities in
the reinvest in Minnesota program by
acquiring land identified in North
American waterfowl management plan
project areas. This appropriation must
first be used for projects qualifying
for a match, which may include costs
for acquisition, enhancements, and
wetland restoration.
(b) RIM - ACCELERATE CRITICAL
HABITAT MATCH PROGRAM 250,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate the reinvest in
Minnesota program to acquire and
improve critical habitat for game and
nongame fish, wildlife, and native
plants under Minnesota Statutes,
section 84.943. Projects must occur in
both urban and rural areas.
(c) RIM - ACCELERATE WILDLIFE
HABITAT STEWARDSHIP 450,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for improvement of
wildlife habitat and natural plant
communities statewide, both urban and
rural public lands, to protect and
enhance wildlife, native plant species,
and ecological diversity.
(d) BIOMASS PRODUCTION, MANAGEMENT AND
RESTORATION OF BRUSHLAND HABITATS 200,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the University of Minnesota-Duluth in
cooperation with the natural resources
research institute and the Minnesota
Sharptailed Grouse Society to assess
brushland harvesting, brushland as
wildlife habitat, and habitat
management strategies.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(e) TURN IN POACHERS YOUTH ACTIVITY BOOK 50,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
TIP, Inc. to print and disseminate an
activity book to inform and educate
children about poaching and its impact
on natural resources, and to promote
ethical hunting and fishing. This
appropriation must be matched by at
least $12,500 of nonstate money.
Subd. 11. Energy
(a) INTER-CITY ELECTRIC VEHICLE
TRANSPORTATION DEMONSTRATION 150,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for an agreement with
Minnesota Power and Light Company to
develop and evaluate an electric
vehicle infrastructure with charging
stations for use between Duluth and St.
Paul, including installation of a
charging station at the state of
Minnesota central motor pool location.
This appropriation must be matched by
at least $30,000 of nonstate money.
(b) SUSTAINABLE DEVELOPMENT OF WIND
ENERGY ON FAMILY FARMS 200,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for an agreement with
the sustainable resources center to
provide technical assistance and
technology transfer for the development
of wind energy harvesting.
(c) ONE-MEGAWATT HYBRID ELECTRICAL
GENERATION SIMULATION PROJECT 50,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for an agreement with
Dan Mar & Associates in cooperation
with the agriculture utilization
research institute for a simulation
project using biofuel electrical
generation to firm up wind power to
provide electrical energy on demand.
(d) AVIAN POPULATION ANALYSIS FOR
WIND POWER GENERATION REGIONS 75,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for an agreement with
American Wind Energy Association to
identify and assess significant avian
activity areas within identified wind
farm corridors in Minnesota. This
appropriation must be matched by at
least $75,000 of nonstate money.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(e) ENERGY IMPROVEMENTS IN PUBLIC
ICE ARENAS 470,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for an agreement with
the Center for Energy and Environment
to assess, install, and evaluate energy
and indoor air quality improvements in
at least 25 publicly owned ice arenas
located throughout Minnesota. Projects
receiving funding from this
appropriation must be in compliance
with the indoor ice facilities prime
ice time and gender preference
requirements in Minnesota Statutes,
section 15.98. This appropriation is
for up to 50 percent of the cost of
retrofit activities.
Subd. 12. Historic
(a) RESTORE HISTORIC MISSISSIPPI
RIVER MILL SITE 120,000
This appropriation is from the future
resources fund to the Minnesota
historical society for a subgrant to
the Minneapolis park and recreation
board to implement an agreement with
Crown Hydro Company to restore
gatehouse foundations, construct
catwalks and lighting through the
tailrace tunnels, and restore and
display the historic turbine of the
historic Crown roller mill. This
activity must be done in cooperation
with the St. Anthony falls heritage
board. Reasonable public use and
access must be provided. This
appropriation must be matched by at
least $120,000 of nonstate money. This
appropriation is contingent on the
receipt of all applicable hydropower
and other public agency approvals.
(b) POND-DAKOTA MISSION
RESTORATION 270,000
This appropriation is from the future
resources fund to the Minnesota
historical society for an agreement
with the city of Bloomington to
continue the restoration of the Pond
house and Dakota Indian mission site.
This appropriation must be matched by
$80,000 of nonstate money.
(c) JOSEPH R. BROWN INTERPRETIVE
CENTER RESTORATION PROJECT 75,000
This appropriation is from the future
resources fund to the Minnesota
historical society for an agreement
with the Sibley county historical
society for building restoration and
renovation activities on the 1879
Sibley county courthouse, to be used as
the Joseph R. Brown interpretive
center. This appropriation must be
matched by at least $5,000 of nonstate
money.
(d) HERITAGE TRAILS 200,000
This appropriation is from the future
resources fund to the Minnesota
historical society to plan and
construct trails for at least three
historic sites and for trail
interpretive material and equipment.
(e) RESTORATION OF HISTORIC ELBA
FIRE TOWER 73,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the Elba booster club, in consultation
with the Minnesota historical society,
for restoration and the development of
interpretive materials and to provide
access to the Elba fire tower for safe
recreational and educational use. This
project must be available for
reasonable public use and access.
(f) MANAGING MINNESOTA SHIPWRECKS 100,000
This appropriation is from the future
resources fund to the Minnesota
historical society to survey historic
north shore shipping facilities and
shipwrecks, survey shipwrecks in
Minnesota inland lakes and rivers,
organize a conference on underwater
cultural resources, and revise the
management plan. Supplemental funding
must be requested and the results
reported to the legislative commission
on Minnesota resources.
(g) LAC QUI PARLE MISSION
HISTORICAL TRAIL 181,000
This appropriation is from the future
resources fund to the Minnesota
historical society to construct a
mile-long trail for hiking and biking,
including an overlook at the site of
the historic Lac Qui Parle Mission.
The trail must be accessible by persons
with disabilities.
Subd. 13. Biological Control
(a) BIOLOGICAL CONTROL OF
EURASIAN WATER MILFOIL AND PURPLE
LOOSESTRIFE - CONTINUATION 300,000
$250,000 of this appropriation is from
the trust fund and $50,000 is from the
future resources fund to the
commissioner of natural resources for
the second biennium of a five-biennium
project to develop biological controls
for Eurasian water milfoil and purple
loosestrife. This project must be
completed and final products delivered
by December 31, 1997, and the
appropriation is available until that
date.
(b) BIOLOGICAL CONTROL OF OVERLAND
SPREAD OF OAK WILT 90,000
This appropriation is from the future
resources fund to the commissioner of
agriculture in cooperation with the
University of Minnesota to improve
application methods for enhancing
natural biological control of the
overland spread of oak wilt.
(c) BENEFICIAL FUNGAL INOCULUM FOR
PRAIRIE AND WETLAND RECLAMATION 100,000
This appropriation is from the trust
fund to the commissioner of
transportation for an agreement with
the University of Minnesota for the
characterization and development of
inoculum production methods for soil
fungi associated with the roots of
native and naturalized Minnesota plants
in prairies and wetlands to assist in
restoration projects.
Subd. 14. Data Compatibility
Requirements
During the biennium ending June 30,
1997, 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 databases with the
integration costs borne by the activity
receiving funding under this section.
Subd. 15. Project Requirements
It is a condition of acceptance of the
appropriations in this section that any
agency or entity receiving the
appropriation must comply with
Minnesota Statutes, chapter 116P.
Subd 16. Match Requirements
Appropriations in this section that
must be matched and for which the match
has not been committed by January 1,
1996, must be canceled. Unless
specifically authorized, in-kind
contributions may not be counted as
match.
Subd. 17. Payment Conditions and
Capital Equipment Expenditures
All agreements, grants, or contracts
referred to in this section must be
administered on a reimbursement basis.
Payment must be made upon receiving
documentation that reimbursable amounts
have been expended, except that
reasonable amounts may be advanced to
projects in order to accommodate cash
flow needs. The advances must be
approved as part of the work program.
No expenditures for capital equipment
are allowed unless expressly authorized
in the project work program.
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.123, requiring
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
(a) Except as provided in paragraph
(b), the availability of the
appropriations for the following
projects is extended to December 31,
1995; on that date the appropriations
cancel and no further payment is
authorized: Laws 1993, chapter 172,
section 14, subdivisions 3, paragraphs
(a), (f), and (i); 6, paragraph (b); 9;
10, paragraphs (a), (c), (g), (p), (q),
and (r); and 12, paragraphs (a), (b),
(c), (h), (j), and (l).
(b) The availability of the
appropriations for the following
projects is extended to December 31,
1996; on that date the appropriations
cancel and no further payment is
authorized: (1) Laws 1993, chapter
172, section 14, subdivisions 3,
paragraph (c); 4, paragraph (e); 10,
paragraphs (d), (f), and (o); 12,
paragraphs (f) and (g); in subdivision
10, paragraph (b), the Bloomington East
and West Bush Lake picnic areas; and,
in subdivision 10, paragraph (c), Cedar
Lake trail development and the Dakota
North regional trail in South St. Paul;
and (2) Laws 1994, chapter 632, article
2, section 6, local recreation grants
and Silver Bay harbor.
Subd. 20. Energy Conservation
A recipient to whom an appropriation is
made in this section for a capital
improvement project shall ensure that
the project complies with the
applicable energy conservation
standards contained in law, including
Minnesota Statutes, sections 216C.19 to
216C.21, and rules adopted thereunder.
The recipient may use the energy
planning and intervention and energy
technologies units of the department of
public service to obtain information
and technical assistance on energy
conservation and alternative energy
development relating to the planning
and construction of the capital
improvement project.
Sec. 20. ADDITIONAL APPROPRIATIONS
The following amounts are appropriated
from the Minnesota environment and
natural resources trust fund referred
to in Minnesota Statutes, section
116P.02, subdivision 6. The
appropriations are available until
December 31, 1995, and are subject to
the provisions of Laws 1993, chapter
172, section 14, subdivisions 14 to 18.
If revenues are insufficient to meet
these appropriations, the commissioner
of finance shall reduce the amounts
proportionately.
(a) STATE PARK AND RECREATION
AREA ACQUISITION 1,120,000
This appropriation is to the
commissioner of natural resources for
acquisition of land within the
statutory boundaries of state parks and
recreation areas.
(b) METROPOLITAN REGIONAL PARKS AND
TRAILS ACQUISITION 1,120,000
This appropriation is to the
commissioner of natural resources for
payment to the metropolitan council for
subgrants to acquire parks and trails
consistent with the metropolitan
council regional recreation open space
capital improvement plan.
This appropriation may be used for the
purchase of homes only if the purchases
are expressly included in the work
program approved by the legislative
commission on Minnesota resources.
(c) The projects in this section must
be completed and final products
delivered by December 31, 1995, and the
appropriations are available until that
date.
Sec. 21. MINNESOTA FUTURE RESOURCES
FUND TRANSFER
As cash flow in the Minnesota future
resources fund permits, but no later
than June 30, 1997, the commissioner of
finance, in consultation with the
director of the legislative commission
on Minnesota resources, shall transfer
$1,460,000 from the unencumbered
balance in the fund to the general fund.
Sec. 22. MINNESOTA CONSERVATION FUND TRANSFER
The commissioner of finance shall
transfer in the beginning of the
biennium, $2,500,000 from the Minnesota
conservation fund created by Minnesota
Statutes, section 40A.151, to the
general fund.
Sec. 23. HARMFUL SUBSTANCE
COMPENSATION ACCOUNT TRANSFER
The commissioner of finance shall
transfer the remaining balance of the
harmful substance compensation account,
established in Minnesota Statutes,
section 115B.26, subdivision 1, to the
general fund.
Sec. 24. Minnesota Statutes 1994, section 15.50, is
amended by adding a subdivision to read:
Subd. 10. [NATIVE VEGETATION PLANTING.] As part of its
comprehensive plan and adopted zoning rules, the board shall
give priority to the planting of native trees and shrubs, or
native grasses wherever appropriate, within the capitol area.
Sec. 25. Minnesota Statutes 1994, section 15.91,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For purposes of sections
15.90 to 15.92, "agency" means a department or agency, as
designated in section 15.01 and, the pollution control agency,
and the agricultural utilization research institute established
in section 116O.09.
Sec. 26. Minnesota Statutes 1994, section 16A.125, is
amended to read:
16A.125 [STATE FOREST TRUST LANDS.]
Subd. 5. [SUSPENSE ACCOUNT FOREST TRUST LANDS.] The term
"state forest trust fund lands" as used in this subdivision,
means public land in trust under the constitution set apart as
"forest lands under the authority of the commissioner" of
natural resources as defined by section 89.001, subdivision 13.
The commissioner of finance and the treasurer shall credit
the revenue from the forest trust fund lands to the forest
suspense account. The account must specify the trust funds
interested in the lands and the respective receipts of the lands.
After a fiscal year, the commissioner of finance shall
certify the total costs incurred for forestry during that year
under appropriations for the protection, improvement,
administration, and management of state forest trust fund
lands and construction and improvement of forest roads to
enhance the forest value of the lands. The certificate must
specify the trust funds interested in the lands. The
commissioner of natural resources shall supply the commissioner
of finance with the information needed for the certificate.
After a fiscal year, the commissioner and the treasurer
shall distribute the receipts credited to the suspense account
during that fiscal year as follows:
(a) The amount of the certified costs incurred by the state
for forest management during the fiscal year shall be
transferred to the general fund.
(b) The balance of the receipts shall then be returned
prorated to the trust funds in proportion to their respective
interests in the lands which produced the receipts.
Subd. 5a. [APPROPRIATION FROM STATE FOREST DEVELOPMENT
ACCOUNT.] Money accruing and credited to the state forest
development account is appropriated to the division of forestry
in the department of natural resources to apply state forest
resource management policy and plans to forest trust fund
lands. The appropriation is supervised and controlled by the
commissioner of natural resources.
The appropriation shall be spent according to law and
remains available until spent. The appropriation is not
available for spending until any estimates required by law are
approved by the commissioner of finance. An obligation to spend
money may not be made unless there is an available balance not
otherwise encumbered in the appropriation.
Subd. 6. [DEFINITION; ACCOUNTING AND DISTRIBUTION.] The
term "state trust fund lands," as used in this section, means
any state school lands or other public lands subject to trust
provisions under the state constitution.
Beginning July 1, 1955, the commissioner of finance and the
state treasurer shall keep a separate account of all receipts
derived from the royalties on, or the sale or lease of, any
minerals from such trust fund lands to be known as the state
lands and minerals suspense account, specifying the trust funds
interested in such lands and the receipts therefrom,
respectively.
As soon as practicable after the close of each fiscal year
after July 1, 1955, the commissioner of finance, upon the
information supplied by the commissioner of natural resources,
which the commissioner of natural resources is herewith directed
to furnish, shall determine and certify to the commissioner of
finance and the state treasurer the total costs incurred by the
state during such year under appropriations heretofore made for
the administration and management of such trust fund lands by
the division of lands and forestry, or any other agency so
administering and managing, specifying the trust funds
interested in such lands, respectively.
As soon as practicable after the end of each fiscal year
beginning with the year ending June 30, 1956, the commissioner
of finance and the state treasurer shall distribute the receipts
credited to the state lands and minerals suspense account during
such fiscal year as follows:
All of the costs incurred by the state for the purposes
aforesaid during such fiscal year and certified as hereinbefore
provided, shall be transferred to the general fund as
reimbursement for appropriations heretofore made for the
purposes aforesaid. The balances of said receipts shall be
transferred to the state trust funds concerned in accordance
with their respective interests in the minerals from which the
receipts were derived.
Subd. 6a. [UNIVERSITY LANDS.] (a) As used in this section,
"university lands" means lands granted by the federal government
for the support of the University of Minnesota, as described in
Laws 1851, chapter 3, section 2.
(b) All revenue from minerals on university lands must be
credited to the university lands and minerals suspense account.
Money in the account must be transferred to the permanent
university fund, except for amounts appropriated to cover
reasonable costs incurred by the commissioner of natural
resources to protect, improve, administer, manage, and otherwise
enhance the mineral value of university lands.
Sec. 27. Minnesota Statutes 1994, section 16B.405,
subdivision 2, is amended to read:
Subd. 2. [SOFTWARE SALE FUND.] (a) Except as provided in
paragraph (b), proceeds of the sale or licensing of software
products or services by the commissioner must be credited to the
intertechnologies revolving fund. If a state agency other than
the department of administration has contributed to the
development of software sold or licensed under this section, the
commissioner may reimburse the agency by discounting computer
services provided to that agency.
(b) Proceeds of the sale or licensing of software products
or services developed by the pollution control agency, or custom
developed by a vendor for the agency, must be credited to the
environmental fund.
Sec. 28. Minnesota Statutes 1994, section 17.117,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY.] The commissioner shall establish,
adopt rules for, and implement a program to work with make loans
to local units of government, federal authorities, lending
institutions, and other appropriate organizations to who will in
turn provide loans to landowners and businesses for facilities,
fixtures, equipment, or other sustainable practices that prevent
or mitigate sources of nonpoint source water pollution. The
commissioner shall establish pilot projects to develop
procedures for implementing the program. The commissioner shall
develop administrative guidelines to implement the pilot
projects specifying criteria, standards, and procedures for
making loans.
Sec. 29. Minnesota Statutes 1994, section 17.117,
subdivision 4, is amended to read:
Subd. 4. [DEFINITIONS.] For the purposes of this section,
the terms defined in this subdivision have the meanings given
them.
(a) "Applicant" means a county or a local government unit
designated by a county under subdivision 8, paragraph (a).
(b) "Authority" means the Minnesota public facilities
authority as established in section 446A.03.
(c) "Best management practices" has the meaning given in
sections 103F.711, subdivision 3, and 103H.151, subdivision 2.
(d) "Chair" means the chair of the board of water and soil
resources or the designee of the chair.
(e) "Borrower" means an individual farmer, an agriculture
supply business, or rural landowner applying for a low-interest
loan.
(f) "Commissioner" means the commissioner of agriculture or
the designee of the commissioner.
(g) "Comprehensive water management plan" means a state
approved and locally adopted plan authorized under section
103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or 103D.405.
(h) "County Local allocation request" means a loan
allocation request from an applicant to implement agriculturally
related best management practices defined in paragraph (c).
(i) "Lender agreement" means an a loan agreement entered
into between the commissioner and, a local lender, and the
applicant, if different from the local lender. The agreement
will contain terms and conditions of the loan that will include
but need not be limited to general loan provisions, loan
management requirements, application of payments, loan term
limits, allowable expenses, and fee limitations.
(j) "Local government unit" means a county, soil and water
conservation district, or an organization formed for the joint
exercise of powers under section 471.59.
(k) "Local lender" means a local government unit as defined
in paragraph (j), a state or federally chartered bank, a savings
and loan association, a state or federal credit union, a
nonprofit economic development organization approved by the
commissioner, or Farm Credit Services.
(l) "Nonpoint source" has the meaning given in section
103F.711, subdivision 6.
Sec. 30. Minnesota Statutes 1994, section 17.117,
subdivision 6, is amended to read:
Subd. 6. [APPLICATION.] (a) The commissioner must
prescribe forms and establish an application process for
applicants to apply for a county local allocation request. The
application must include but need not be limited to (1) the
geographic area served; (2) the type and estimated cost of
activities or projects for which they are seeking a loan
allocation; (3) a ranking of proposed activities or projects;
and (4) the designation of the local lender and lending
practices the applicant local lender intends to use to issue the
loans to the borrowers, if a local lender other than the
applicant is to be used.
(b) In an area of the state where a county allocation
request has not been requested or has been rejected, application
forms must be available for a borrower to apply directly to the
commissioner for a loan under this program.
(c) If a county local allocation request is rejected, the
applicant must be notified in writing as to the reasons for the
rejection and given 30 days to submit a revised application.
The revised application shall be reviewed according to the same
procedure used to review the initial application.
Sec. 31. Minnesota Statutes 1994, section 17.117,
subdivision 7, is amended to read:
Subd. 7. [PAYMENTS.] (a) Payments made from the water
pollution control revolving fund must be made in accordance with
applicable state and federal laws and rules governing the
payments.
(b) Payments from the commissioner to the local lender must
be disbursed on a cost-incurred basis. Local lenders shall
submit payment requests at least quarterly but not more than
monthly. Payment requests must be reviewed and approved by the
commissioner. The payment request form must itemize all costs
by major elements and show eligible and ineligible costs.
(c) The commissioner may initiate recision of an allocation
granted in a lender agreement as provided in subdivision 11,
paragraph (d), if the local lender fails to enter into loans
with borrowers equaling the total allocation granted within one
year from the date of the lender agreement or fails to have the
total amount of allocated funds drawn down through payment
requests within two years. An additional year to draw down the
undisbursed portion of an allocation may be granted by the
commissioner under extenuating circumstances.
Sec. 32. Minnesota Statutes 1994, section 17.117,
subdivision 8, is amended to read:
Subd. 8. [APPLICANT; BORROWERS.] (a) A county may submit a
county local allocation request as defined in subdivision 4,
paragraph (h). A county or a group of counties may designate
another local government unit as defined in subdivision 4,
paragraph (j), to submit a county local allocation request.
(b) If a county does not submit a county local allocation
request, and does not designate another local government unit, a
soil and water conservation district may submit a county local
allocation request. In all instances, there may be only one
request from a county. The applicant must coordinate and submit
requests on behalf of other units of government within the
geographic jurisdiction of the applicant.
(c) Borrowers may apply directly to the commissioner if the
commissioner does not receive or approve a county allocation
request from the county, designated local government unit, or
soil and water conservation district in which the proposed
activities would be carried out.
Sec. 33. Minnesota Statutes 1994, section 17.117,
subdivision 9, is amended to read:
Subd. 9. [REVIEW AND RANKING OF ALLOCATION REQUESTS.] (a)
The commissioner shall chair the subcommittee established in
section 103F.761, subdivision 2, paragraph (b), for purposes of
reviewing and ranking county local allocation requests. The
rankings must be in order of priority and shall provide
financial assistance within the limits of the funds available.
In carrying out the review and ranking, the subcommittee must
consist of, at a minimum, the chair, representatives of the
pollution control agency, United States Department of
Agricultural Stabilization and Conservation Service, United
States Department of Agriculture Soil Conservation Service,
Association of Minnesota Counties, and other agencies or
associations as the commissioner, the chair, and agency
determine are appropriate. The review and ranking shall take
into consideration other related state or federal programs.
(b) The subcommittee shall use the criteria listed below in
carrying out the review and ranking:
(1) whether the proposed activities are identified in a
comprehensive water management plan as priorities;
(2) whether the applicant intends to establish a revolving
loan program under subdivision 10, paragraph (b);
(3) the potential that the proposed activities have for
improving or protecting surface and groundwater quality;
(4) the extent that the proposed activities support
areawide or multijurisdictional approaches to protecting water
quality based on defined watershed;
(5) whether the activities are needed for compliance with
existing water related laws or rules;
(6) whether the proposed activities demonstrate
participation, coordination, and cooperation between local units
of government and other public agencies;
(7) whether there is coordination with other public and
private funding sources and programs; and
(8) whether there are off-site public benefits such as
preventing downstream degradation and siltation; and
(9) the proposed interest rate.
Sec. 34. Minnesota Statutes 1994, section 17.117, is
amended by adding a subdivision to read:
Subd. 9a. [AUTHORITY OF APPLICANTS.] Applicants may enter
into a lender agreement designating a local lender. Applicants
designating themselves as the local lender may enter into
contracts for loan review, processing, and servicing.
Sec. 35. Minnesota Statutes 1994, section 17.117,
subdivision 10, is amended to read:
Subd. 10. [AUTHORITY OF APPLICANTS LOCAL LENDERS.] (a)
Applicants Local lenders may enter into lender agreements with
borrowers to finance projects under this section the
commissioner.
(b) Applicants Local lenders may establish revolving loan
programs enter into loan agreements with borrowers to finance
projects under this section.
(c) In approving county allocation requests, the
commissioner shall allow applicants to provide loans under
revolving loan programs established under paragraph (b), until
50 percent of the amount appropriated and available under
subdivision 3 has been allocated to applicants establishing
these programs. In approving any additional county allocation
requests, the commissioner may allow applicants to provide loans
under these programs Local lenders may establish revolving loan
programs to finance projects under this section.
(d) Local lenders, including applicants designating
themselves as the local lender, may enter into participation
agreements with other lenders. Local lenders may also enter
into contracts with other lenders for the limited purposes of
loan review, processing and servicing, or to enter into loan
agreements with borrowers to finance projects under this
section. Other lenders entering into contracts with local
lenders under this section must meet the definition of local
lender in subdivision 4, must comply with all provisions of the
lender agreement and this section, and must guarantee repayment
of the loan funds to the local lender. In no case may there be
more than one local lender per county or more than one revolving
fund per county.
Sec. 36. Minnesota Statutes 1994, section 17.117,
subdivision 11, is amended to read:
Subd. 11. [BORROWER ELIGIBILITY; TERMS; REPAYMENT;
RECISION.] (a) Local lenders shall use the following criteria in
addition to other criteria they deem necessary in determining
the eligibility of borrowers for loans:
(1) whether the activity is certified by a local unit of
government as meeting priority needs identified in a
comprehensive water management plan and is in compliance with
accepted standards, specifications, or criteria;
(2) whether the activity is certified as eligible under
Environmental Protection Agency or other applicable guidelines;
and
(3) whether the repayment is assured from the borrower.
(b) Local lenders shall set the terms and conditions of
loans to borrowers, except that no loan to an individual
borrower may exceed $50,000. In all instances, local lenders
must provide for sufficient collateral or protection for the
loan principal. They are responsible for collecting repayments
by borrowers. For direct loans, the borrower must provide
sufficient collateral and repay the loan according to a mutually
prearranged schedule with the commissioner.
(c) A The local lender is responsible for repaying the
principal of a loan to the commissioner. The terms of repayment
will be identified in the lender agreement. If defaults occur,
it is the responsibility of the local lender to obtain repayment
from the borrower. Default on the part of individual borrowers
shall have no effect on the local lender's responsibility to
repay its loan from the commissioner whether or not the local
lender fully recovers defaulted amounts from individual
borrowers. For revolving loan programs established under
subdivision 10, paragraph (b) (c), the lender agreement must
provide that:
(1) repayment of principal to the commissioner must
begin no later than ten years after the date of the applicant
receives the allocation lender agreement and must be repaid in
full no later than 20 years after the date of the lender
agreement; and
(2) after the initial ten-year period, the local lender
shall not write any additional loans, and any existing principal
balance held by the local lender shall be immediately repaid to
the commissioner;
(3) after the initial ten-year period, all principal
received by the local lender from borrowers shall be repaid to
the commissioner as it is received; and
(4) the applicant shall report to the commissioner annually
regarding the past and intended uses of the money in the
revolving loan program.
(d) Continued availability of the allocation granted in the
lender agreement is contingent upon commissioner approval of the
annual report. The commissioner shall review the annual report
to ensure the past and future uses of the funds are consistent
with the comprehensive water management plan and the lender
agreement. If the commissioner concludes the past or intended
uses of the money are not consistent with the comprehensive
water management plan or the lender agreement, the commissioner
shall rescind the allocation granted under the lender agreement.
Such recision shall result in termination of available
allocation, the immediate repayment of any unencumbered funds
held by the local lender in a revolving loan fund, and the
repayment of the principal portion of loan repayments to the
commissioner as they are received. The lender agreement shall
reflect the commissioner's rights under this paragraph.
(e) A local lender shall receive certification from local
government unit staff that a project has been satisfactorily
completed prior to releasing the final loan disbursement.
Sec. 37. Minnesota Statutes 1994, section 17.117,
subdivision 14, is amended to read:
Subd. 14. [FEES; LOAN SERVICES AND INTEREST.] (a)
Origination fees charged directly to borrowers by local lenders
upon executing a loan shall not exceed one-half of one percent
of the loan amount. Servicing fees Interest assessed to loan
repayments by the local lender must not exceed two three percent
interest on outstanding principal amounts if the local lender is
a local government unit, or three percent interest on
outstanding principal amounts if the local lender is a state or
federally chartered bank, savings and loan association, a state
or federal credit union, or an entity of Farm Credit Services.
(b) The local lender shall create a principal account to
which the principal portions of individual borrower loan
repayments will be credited.
(c) Any interest earned on outstanding loan balances not
separated as repayments are received and before the principal
amounts are deposited in the principal account shall be added to
the principal portion of the loan to the local lender and must
be paid to the commissioner when the principal is due under the
lender agreement.
(d) Any interest earned on the principal account must be
added to the principal portion of the loan to the local lender
and must be paid to the commissioner when the principal is due
under the lender agreement.
Sec. 38. Minnesota Statutes 1994, section 17.117,
subdivision 16, is amended to read:
Subd. 16. [ASSESSMENT AGAINST REAL PROPERTY LIENS AGAINST
PROPERTY.] A county may assess and charge against real property
amounts loaned and servicing fees for projects funded under this
section. The auditor of the county where the project is located
shall extend the amounts assessed and charged on the tax roll of
the county against the real property on which the project is
located. (a) Unless a county determines otherwise, at the time
of the disbursement of funds on a loan to a borrower under this
section, the principal balance due plus accrued interest on the
principal balance as provided by this section becomes a lien in
favor of the county making the loan upon the real property on
which the project is located. The lien must be first and prior
to all other liens against the property, including state tax
liens, whether filed before or after the placing of a lien under
this subdivision, except liens for special assessments by the
county under applicable special assessments laws, which liens
shall be of equal rank with the lien created under this
subdivision. A lien in favor of the county shall be first and
prior as provided in this subdivision only if the county making
the loan gives written notice of the intent to make the loan
under this subdivision to all other persons having a recorded
interest in the real property subject to the lien, no less than
30 days prior to the disbursement of the funds, and receives an
agreement to subordinate superior lien positions held by all
other lenders having a recorded interest in the real property
subject to the lien. This lien and subordination agreement must
be recorded against the real estate in the county recorder's
office or filed with the registrar of titles for the county or
counties in which the property is located. The county may bill
amounts due on the loan on the tax statement for the property.
Enforcement of the lien created by this subdivision shall, at
the county's option, be in the manner set forth in chapter 580
or 581. When the amount due plus interest has been paid, the
county shall file a satisfaction of the lien created under this
subdivision.
(b) A county may also secure amounts due on a loan under
this section by taking a purchase money security interest in
equipment in accordance with chapter 336, article 9, and may
enforce the purchase money security interest in accordance with
chapters 336, article 9, and 565.
Sec. 39. Minnesota Statutes 1994, section 17.117, is
amended by adding a subdivision to read:
Subd. 17. [REFERENDUM EXEMPTION.] For the purpose of
obtaining a loan from the commissioner, a local government unit
may provide to the commissioner its general obligation note.
All obligations incurred by a local government unit in obtaining
a loan from the commissioner must be in accordance with chapter
475, except that so long as the obligations are issued to
evidence a loan from the commissioner to the local government
unit, an election is not required to authorize the obligations
issued, and the amount of the obligations shall not be included
in determining the net indebtedness of the local government unit
under the provisions of any law or chapter limiting the
indebtedness.
Sec. 40. [17.231] [NATIVE GRASSES AND WILDFLOWER SEED
PRODUCTION INCENTIVE LOAN PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] (a) The commissioner shall
prepare a plan to establish a seed production loan program to
provide loans that enable people to begin or expand efforts to
develop and produce new, local-origin, native grass, and native
wildflower seed species.
(b) In the plan, the commissioner shall use the ecological
regions identified by the commissioner of natural resources
covering the entire state. In the plan, the commissioner shall
design the loan program to produce at least ten local variety
native grass species and 40 local variety native wildflower
species for each region. In the plan, the commissioner shall
look at the possibility of producing 100 acres of native grass
seed production and ten acres of native wildflower seed
production in each region.
Sec. 41. [17.985] [PASSING ON THE FARM CENTER.]
Subdivision 1. [PURPOSE; OBJECTIVES.] The Passing on the
Farm Center is established as a part of Southwest Technical
College in Granite Falls to assist individuals beginning farming
and family farming operations. The center shall also assist in
facilitating the transition of farming operations from
established farmers to beginning farmers by creating and
maintaining an information base inventorying land and facilities
available for acquisition and bringing them together to increase
the number of family farming operations in this state. The
objectives of the center include, but are not limited to, the
following:
(1) using the services of a certified public accountant,
real estate agents, and attorneys to provide education in estate
planning and farm transfer programs for interested retiring
farmers;
(2) assessing needs of beginning farmers and retiring
farmers in order to identify program and service opportunities
including developing statewide apprenticeship programs between
beginning and retiring farmers; and
(3) developing, coordinating, and delivering statewide
through Southwest Technical College in Granite Falls and other
entities, as appropriate, targeted education to beginning
farmers and retiring farm families.
Subd. 2. [PROGRAMS AND SERVICES.] Programs and services
provided by the center must include, but are not limited to, the
development of skills and knowledge in farm estate planning and
other topics related to intergenerational farm transfer. The
center shall develop and distribute a detailed questionnaire for
interested retired farmers and landowners and beginning farmers
for the purpose of connecting them with each other and to
develop computerized lists. The center shall coordinate to the
extent practicable with agricultural information centers.
Subd. 3. [ANNUAL REPORT.] The center shall submit a report
annually to the legislature on or before February 1. The report
shall include, but is not limited to, recommendations for
methods by which more individuals may be encouraged to enter
agriculture.
Sec. 42. Minnesota Statutes 1994, section 28A.03, is
amended to read:
28A.03 [DEFINITIONS.]
As used in sections 28A.01 to 28A.16 the terms defined in
this section shall have the following meanings:
(a) "Commissioner" means the commissioner of agriculture of
the state of Minnesota.
(b) "Person" means any individual, firm, corporation,
company, association, cooperative or partnership and includes
any trustee, receiver, assignee or other similar representative
thereof.
(c) "Place of business" means every location where food or
food items are manufactured, processed, sold, stored or handled,
including buildings, locations, permanent or portable
structures, carnivals, circuses, fairs, or any other permanent
or temporary location.
Any vehicle or similar mobile unit from which food is sold
shall be considered a place of business for purposes of this
section if the food therefrom has been manufactured, packaged or
dispensed from bulk, or processed in any manner thereon.
(d) "Food" includes every article used for, entering into
the consumption of, or used or intended for use in the
preparation of food, drink, confectionery, or condiment for
humans, whether simple, mixed or compound.
(1) "Perishable food" is food which includes, but is not
limited to fresh fruits, fresh vegetables, and other products
which need protection from extremes of temperatures in order to
avoid decomposition by microbial growth or otherwise.
(2) "Readily perishable food" is food or a food ingredient
consisting in whole or in part of milk, milk products, eggs,
meat, fish, poultry or other food or food ingredient which is
capable of supporting rapid and progressive growth of infectious
or toxigenic microorganisms.
(3) "Frozen food" is food which is processed and preserved
by freezing in accordance with good commercial practices and
which is intended to be sold in the frozen state.
(4) For the purposes of this definition, packaged food in
hermetically sealed containers processed by heat to prevent
spoilage; packaged pickles; jellies, jams and condiments in
sealed containers; bakery products such as bread, rolls, buns,
donuts, fruit-filled pies and pastries; dehydrated packaged
food; and dry or packaged food so low in moisture content as to
preclude development of microorganisms are not "perishable
food," "readily perishable food," or "frozen food" within the
meaning of definitions (1), (2) and (3) herein when they are
stored and handled in accordance with good commercial practices.
(e) "Sell and sale" includes the keeping, offering, or
exposing for sale, use, transporting, transferring, negotiating,
soliciting, or exchange of food, the having in possession with
intent to sell, use, transport, negotiate, solicit, or exchange
the same and the storing, or carrying thereof in aid of traffic
therein whether done or permitted in person or through others.
(f) "Principal mode of business" means that type of
business described under either (a), (b), (c) or (d) in section
28A.05 within which category the greatest amount of the
applicant's food business lies.
(g) "Custom processor" means a person who slaughters
animals or processes noninspected meat for the owner of the
animals, and returns the meat products derived from the
slaughter or processing to the owner. "Custom processor" does
not include a person who slaughters animals or poultry or
processes meat for the owner of the animals or poultry on the
farm or premises of the owner of the animals, meat, or poultry.
For the purpose of this clause, "animals" or "meat" do not
include poultry or game animals or meat derived therefrom.
(h) "Major violation" includes conditions that cause food
products to become adulterated, as defined in section 31.121, or
fraudulently misbranded, as defined in section 31.123.
Sec. 43. Minnesota Statutes 1994, section 28A.08, is
amended to read:
28A.08 [LICENSE FEES; PENALTIES.]
Subdivision 1. [GENERAL.] License fees, penalties for late
renewal of licenses, and penalties for not obtaining a license
before conducting business in food handling that are set in this
section apply to the sections named except as provided under
section 28A.09. Except as specified herein, bonds and
assessments based on number of units operated or volume handled
or processed which are provided for in said laws shall not be
affected, nor shall any penalties for late payment of said
assessments, nor shall inspection fees, be affected by this
chapter. The penalties may be waived by the commissioner.
Subd. 2. [FEES FOR FISCAL YEAR 1996.]
Penalties
Type of food handler License Late No
Fee Renewal License
Effective
July 1, 1995
1. Retail food handler
(a) Having gross sales of only
prepackaged nonperishable food
of less than $15,000 for
the immediately previous
license or fiscal year and
filing a statement with the
commissioner $ 40 42 $ 15 $ 25
(b) Having under $15,000 gross
sales including food preparation
or having $15,000 to $50,000
gross sales for the immediately
previous license or fiscal year $ 55 58 $ 15 $ 25
(c) Having $50,000 to $250,000
gross sales for the immediately
previous license or fiscal year $105 111 $ 35 $ 75
(d) Having $250,000 to
$1,000,000 gross sales for the
immediately previous license or
fiscal year $180 191 $ 50 $100
(e) Having $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $500 530 $100 $175
(f) Having $5,000,000 to
$10,000,000 gross sales for the
immediately previous license or
fiscal year $700 742 $150 $300
(g) Having over $10,000,000
gross sales for the immediately
previous license or fiscal year $800 848 $200 $350
2. Wholesale food handler
(a) Having gross sales or service
of less than $25,000 for the
immediately previous license or
fiscal year $ 50 $ 15 $ 15
(b) Having gross sales or
service of less than
$25,000 to $250,000
gross sales or service
for the immediately previous
license or fiscal year $200 212 $ 50 $100
(b) (c) Having $250,000 to
$1,000,000 gross sales or
service from a mobile
unit without a separate food
storage facility for the
immediately previous license
or fiscal year $318 $ 75 $150
(d) Having $250,000 to
$1,000,000 gross sales or
service not covered under
paragraph (c) for the immediately
previous license or fiscal year $400 424 $100 $200
(c) (e) Having $1,000,000
to $5,000,000 gross sales or
service for the immediately
previous license or fiscal year $500 530 $125 $250
(d) (f) Having over $5,000,000
gross sales for the immediately
previous license or fiscal year $575 610 $150 $300
3. Food broker $100 106 $ 30 $ 50
4. Wholesale food processor
or manufacturer
(a) Having gross sales of less
than $250,000 for the immediately
previous license or fiscal year $275 292 $ 75 $150
(b) Having $250,000 to $1,000,000
gross sales for the immediately
previous license or fiscal year $400 424 $100 $200
(c) Having $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $500 530 $125 $250
(d) Having over $5,000,000
gross sales for the immediately
previous license or fiscal year $575 610 $150 $300
5. Wholesale food processor of
meat or poultry products
under supervision of the
U. S. Department of Agriculture
(a) Having gross sales of less
than $250,000 for the immediately
previous license or fiscal year $150 159 $ 50 $ 75
(b) Having $250,000 to $1,000,000
gross sales for the immediately
previous license or fiscal year $225 239 $ 75 $125
(c) Having $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $275 292 $ 75 $150
(d) Having over $5,000,000
gross sales for the immediately
previous license or fiscal year $325 345 $100 $175
6. Wholesale food manufacturer
having the permission of the
commissioner to use the name
Minnesota farmstead cheese $ 30 $ 10 $ 15
7. Nonresident frozen dairy
manufacturer $200 $ 50 $ 75
8. Wholesale food manufacturer
processing less than 70,000
pounds per year of cultured
dairy food as defined in section
32.486, subdivision 1,
paragraph (b) $ 30 $ 10 $ 15
9. A milk marketing organization
without facilities for processing
or manufacturing that
purchases milk from milk
producers for delivery to a
licensed wholesale food processor
or manufacturer $ 50 $ 15 $ 25
Subd. 3. [FEES EFFECTIVE JULY 1, 1996.]
Penalties
Type of food handler License Late No
Fee Renewal License
Effective
July 1, 1996
1. Retail food handler
(a) Having gross sales of only
prepackaged nonperishable food
of less than $15,000 for
the immediately previous
license or fiscal year and
filing a statement with the
commissioner $ 45 $ 15 $ 25
(b) Having under $15,000 gross
sales including food preparation
or having $15,000 to $50,000
gross sales for the immediately
previous license or fiscal year $ 61 $ 15 $ 25
(c) Having $50,000 to $250,000
gross sales for the immediately
previous license or fiscal year $118 $ 35 $ 75
(d) Having $250,000 to
$1,000,000 gross sales for the
immediately previous license or
fiscal year $202 $ 50 $100
(e) Having $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $562 $100 $175
(f) Having $5,000,000 to
$10,000,000 gross sales for the
immediately previous license or
fiscal year $787 $150 $300
(g) Having over $10,000,000
gross sales for the immediately
previous license or fiscal year $899 $200 $350
2. Wholesale food handler
(a) Having gross sales or
service of less than $25,000
for the immediately previous
license or fiscal year $ 50 $ 15 $ 15
(b) Having $25,000 to
$250,000 gross sales or
service for the immediately
previous license or fiscal year $225 $ 50 $100
(c) Having $250,000
to $1,000,000 gross sales or
service from a mobile unit
without a separate food facility
for the immediately previous
license or fiscal year $337 $ 75 $150
(d) Having $250,000
to $1,000,000 gross sales or
service not covered under paragraph
(c) for the immediately
previous license or fiscal year $449 $100 $200
(e) Having $1,000,000 to $5,000,000
gross sales or service for the
immediately previous license or
fiscal year $562 $125 $250
(f) Having over $5,000,000 gross
sales for the immediately previous
license or fiscal year $647 $150 $300
3. Food broker $112 $ 30 $ 50
4. Wholesale food processor
or manufacturer
(a) Having gross sales of less
than $250,000 for the immediately
previous license or fiscal year $310 $ 75 $150
(b) Having $250,000 to $1,000,000
gross sales for the immediately
previous license or fiscal year $449 $100 $200
(c) Having $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $562 $125 $250
(d) Having over $5,000,000
gross sales for the immediately
previous license or fiscal year $647 $150 $300
5. Wholesale food processor of
meat or poultry products
under supervision of the
U. S. Department of Agriculture
(a) Having gross sales of less
than $250,000 for the immediately
previous license or fiscal year $169 $ 50 $ 75
(b) Having $250,000 to $1,000,000
gross sales for the immediately
previous license or fiscal year $253 $ 75 $125
(c) Having $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $310 $ 75 $150
(d) Having over $5,000,000
gross sales for the immediately
previous license or fiscal year $366 $100 $175
6. Wholesale food manufacturer
having the permission of the
commissioner to use the name
Minnesota farmstead cheese $ 30 $ 10 $ 15
7. Nonresident frozen dairy
manufacturer $200 $ 50 $ 75
8. Wholesale food manufacturer
processing less than 70,000
pounds per year of cultured
dairy food as defined in section
32.486, subdivision 1,
paragraph (b) $ 30 $ 10 $ 15
9. A milk marketing organization
without facilities for processing
or manufacturing that
purchases milk from milk
producers for delivery to a
licensed wholesale food processor
or manufacturer $ 50 $ 15 $ 25
Sec. 44. [28A.085] [REINSPECTION FEES.]
Subdivision 1. [VIOLATIONS; PROHIBITED ACTS.] The
commissioner may charge a reinspection fee for each reinspection
of a food handler that:
(1) is found with a major violation of requirements in
chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted
under one of those chapters;
(2) is found with a violation of section 31.02, 31.161, or
31.165, and requires a follow-up inspection after an
administrative meeting held pursuant to section 31.14; or
(3) fails to correct equipment and facility deficiencies as
required in rules adopted under chapter 28, 29, 30, 31, 31A, 32,
or 34. The first reinspection of a firm with gross food sales
under $1,000,000 must be assessed at $25. The fee for a firm
with gross food sales over $1,000,000 is $50. The fee for a
subsequent reinspection of a firm for the same violation is 50
percent of their current license fee. The establishment must be
issued written notice of violations with a reasonable date for
compliance listed on the notice. An initial inspection relating
to a complaint is not a reinspection.
Subd. 2. [MARKET WITHDRAWAL; FOOD SAFETY EMERGENCY.] A
food handler that requires a reinspection due to adulteration or
misbranded foods that result in a food being recalled from
commerce may be assessed for reasonable and direct reinspection
costs incurred by the commissioner, including personnel, travel,
laboratory analysis, and attorney general costs. Reinspection
related to floods, earthquakes, storms, accidental fires, and
power outages are excluded. The commissioner, upon request of
the food handler, shall provide, within a reasonable time, an
estimate of the anticipated cost for resolving the food safety
emergency.
Subd. 3. [MANNER AND TIMING OF PAYMENT.] Unless an appeal
is filed under subdivision 5, a food handler must pay all fees
and assessments in the manner and timing requested by the
commissioner. If a timely appeal is requested, the fees and
assessments are stayed until a decision on the appeal is issued
by the hearing officer. A license may not be renewed until all
fees and penalties under this chapter are paid.
Subd. 4. [DEPOSIT; APPROPRIATION.] All reinspection fees
and assessments collected must be deposited in the state
treasury and are credited to an account in the special revenue
fund. Money in the account, including interest accrued, is
appropriated to the commissioner to pay the expenses relating to
reinspections conducted under the chapters listed in subdivision
1.
Subd. 5. [APPEALS.] Food handlers may appeal reinspection
fees and assessments to the department hearing officer within 30
days of receipt of the notice of fee assessment. The appeal
must be submitted to the commissioner in writing.
Sec. 45. Minnesota Statutes 1994, section 41A.09, is
amended by adding a subdivision to read:
Subd. 1a. [ETHANOL PRODUCTION GOAL.] It is a goal of the
state that ethanol production plants in the state attain a total
annual production level of 220,000,000 gallons.
Sec. 46. Minnesota Statutes 1994, section 41A.09, is
amended by adding a subdivision to read:
Subd. 2a. [DEFINITIONS.] For the purposes of this section
the terms defined in this subdivision have the meanings given
them.
(a) "Ethanol" means fermentation ethyl alcohol derived from
agricultural products, including potatoes, cereal, grains,
cheese whey, and sugar beets; forest products; or other
renewable resources, including residue and waste generated from
the production, processing, and marketing of agricultural
products, forest products, and other renewable resources, that:
(1) meets all of the specifications in ASTM specification D
4806-88; and
(2) is denatured with unleaded gasoline or rubber
hydrocarbon solvent as defined in Code of Federal Regulations,
title 27, parts 211 and 212, as adopted by the Bureau of
Alcohol, Tobacco and Firearms of the United States Treasury
Department.
(b) "Wet alcohol" means agriculturally derived fermentation
ethyl alcohol having a purity of at least 50 percent but less
than 99 percent.
(c) "Anhydrous alcohol" means fermentation ethyl alcohol
derived from agricultural products as described in paragraph
(a), but that does not meet ASTM specifications or is not
denatured and is shipped in bond for further processing.
(d) "Ethanol plant" means a plant at which ethanol,
anhydrous alcohol, or wet alcohol is produced.
Sec. 47. Minnesota Statutes 1994, section 41A.09, is
amended by adding a subdivision to read:
Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
shall make cash payments to producers of ethanol, anhydrous
alcohol, and wet alcohol located in the state. These payments
shall apply only to ethanol, anhydrous alcohol, and wet alcohol
fermented in the state and produced at plants that have begun
production by June 30, 2000. For the purpose of this
subdivision, an entity that holds a controlling interest in more
than one ethanol plant is considered a single producer. The
amount of the payment for each producer's annual production is:
(1) except as provided in paragraph (b), for each gallon of
ethanol or anhydrous alcohol produced on or before June 30,
2000, or ten years after the start of production, whichever is
later, 20 cents per gallon; and
(2) for each gallon produced of wet alcohol on or before
June 30, 2000, or ten years after the start of production,
whichever is later, 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 payments for anhydrous alcohol and wet alcohol
under this section may be paid to either the original producer
of anhydrous alcohol or wet alcohol or the secondary processor,
at the option of the original producer, but not to both.
(b) If the level of production at an ethanol plant
increases due to an increase in the production capacity of the
plant and the increased production begins by June 30, 2000, the
payment under paragraph (a), clause (1), applies to the
additional increment of production until ten years after the
increased production began.
(c) The commissioner shall make payments to producers of
ethanol or wet alcohol in the amount of 1.5 cents for each
kilowatt hour of electricity generated using closed-loop biomass
in a cogeneration facility at an ethanol plant located in the
state. Payments under this paragraph shall be made only for
electricity generated at cogeneration facilities that begin
operation by June 30, 2000. The payments apply to electricity
generated on or before the date ten years after the producer
first qualifies for payment under this paragraph. Total
payments under this paragraph in any fiscal year may not exceed
$750,000. For the purposes of this paragraph:
(1) "closed-loop biomass" means any organic material from a
plant that is planted for the purpose of being used to generate
electricity or for multiple purposes that include being used to
generate electricity; and
(2) "cogeneration" means the combined generation of:
(i) electrical or mechanical power; and
(ii) steam or forms of useful energy, such as heat, that
are used for industrial, commercial, heating, or cooling
purposes.
(d) The total payments under paragraphs (a) and (b) to all
producers may not exceed $30,000,000 in a fiscal year. Total
payments under paragraphs (a) and (b) to a producer in a fiscal
year may not exceed $3,000,000.
(e) By the last day of October, January, April, and July,
each producer shall file a claim for payment for ethanol,
anhydrous alcohol, and wet alcohol production during the
preceding three calendar months. A producer with more than one
plant shall file a separate claim for each plant. A producer
shall file a separate claim for the original production capacity
of each plant and for each additional increment of production
that qualifies under paragraph (b). A producer that files a
claim under this subdivision shall include a statement of the
producer's total ethanol, anhydrous alcohol, and wet alcohol
production in Minnesota during the quarter covered by the claim,
including anhydrous alcohol and wet alcohol produced or received
from an outside source. A producer shall file a separate claim
for any amount claimed under paragraph (c). For each claim and
statement of total ethanol, anhydrous alcohol, and wet alcohol
production filed under this subdivision, the volume of ethanol,
anhydrous alcohol, and wet alcohol production or amounts of
electricity generated using closed-loop biomass must be examined
by an independent certified public accountant in accordance with
standards established by the American Institute of Certified
Public Accountants.
(f) Payments shall be made November 15, February 15, May
15, and August 15. A separate payment shall be made for each
claim filed. The total quarterly payment to a producer under
this paragraph, excluding amounts paid under paragraph (c), may
not exceed $750,000. If the total amount for which all
producers are eligible in a quarter under paragraphs (a) and (b)
exceeds $7,500,000, the commissioner shall make payments in the
order in which the portion of production capacity covered by
each claim went into production. If the total amount of ethanol
or wet alcohol production reported for a quarter under paragraph
(e) equals or exceeds 55,000,000 gallons:
(1) payments under this subdivision do not apply to the
amount produced in excess of 55,000,000 gallons;
(2) the commissioner shall make payments to producers in
the order in which the portion of production capacity covered by
each claim began production; and
(3) only those producers that receive payments for the
quarter, or received payments under paragraph (a) or (b) in an
earlier quarter, will be eligible for future ethanol or wet
alcohol production payments under this subdivision.
(g) If the total amount for which all producers are
eligible in a quarter under paragraph (c) exceeds the amount
available for payments, the commissioner shall make payments in
the order in which the plants covered by the claims began
generating electricity using closed-loop biomass.
Sec. 48. Minnesota Statutes 1994, section 41A.09, is
amended by adding a subdivision to read:
Subd. 5a. [EXPIRATION.] This section expires June 30,
2010, and the unobligated balance of each appropriation under
this section on that date reverts to the general fund.
Sec. 49. Minnesota Statutes 1994, section 41B.02,
subdivision 20, is amended to read:
Subd. 20. [ETHANOL PRODUCTION FACILITY.] "Ethanol
production facility" means a facility that ferments, distills,
dewaters, or otherwise produces ethanol as defined in section
41A.09, subdivision 2 2a, paragraph (a).
Sec. 50. Minnesota Statutes 1994, section 41B.03,
subdivision 6, is amended to read:
Subd. 6. [APPLICATION FEE.] The authority may impose a
reasonable nonrefundable application fee for each application
submitted for a beginning farmer loan or a seller-sponsored
loan. The application fee is initially $50. The authority may
review the fee annually and make adjustments as necessary. The
fee must be deposited in the state treasury and credited to an
account in the special revenue fund. Money in the account is
appropriated to the commissioner for administrative expenses of
the beginning farmer and seller-sponsored loan programs.
Sec. 51. Minnesota Statutes 1994, section 41B.04,
subdivision 17, is amended to read:
Subd. 17. [APPLICATION AND ORIGINATION FEE.] The authority
may impose a reasonable nonrefundable application fee for each
application and an origination fee for each loan issued under
the loan restructuring program. The origination fee is 1.5
percent of the authority's participation interest in the loan
and the application fee is $50. The authority may review the
fees annually and make adjustments as necessary. The fees must
be deposited in the state treasury and credited to an account in
the special revenue fund. Money in the account is appropriated
to the commissioner for administrative expenses of the loan
restructuring program.
Sec. 52. Minnesota Statutes 1994, section 41B.043,
subdivision 1b, is amended to read:
Subd. 1b. [LOAN PARTICIPATION.] The authority may
participate in an agricultural improvement loan with an eligible
lender to a farmer who meets the requirements of section 41B.03,
subdivision 1, clauses (1) and (2), and who are actively engaged
in farming. Participation is limited to 45 percent of the
principal amount of the loan or $50,000 $100,000, whichever is
less. The interest rates and repayment terms of the authority's
participation interest may be different than the interest rates
and repayment terms of the lender's retained portion of the loan.
Sec. 53. Minnesota Statutes 1994, section 41B.043,
subdivision 2, is amended to read:
Subd. 2. [SPECIFICATIONS.] No direct loan may exceed
$35,000 or $50,000 $100,000 for a loan participation or be made
to refinance an existing debt. Each direct loan and
participation must be secured by a mortgage on real property and
such other security as the authority may require.
Sec. 54. Minnesota Statutes 1994, section 41B.043,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION AND ORIGINATION FEE.] The authority
may impose a reasonable nonrefundable application fee for each
application for a direct loan or participation and an
origination fee for each direct loan issued under the
agricultural improvement loan program. The origination fee
initially shall be set at 1.5 percent and the application fee at
$50. The authority may review the fees annually and make
adjustments as necessary. The fees must be deposited in the
state treasury and credited to an account in the special revenue
fund. Money in this account is appropriated to the commissioner
for administrative expenses of the agricultural improvement loan
program.
Sec. 55. Minnesota Statutes 1994, section 41B.045,
subdivision 2, is amended to read:
Subd. 2. [LOAN PARTICIPATION.] The authority may
participate in a livestock expansion loan with an eligible
lender to a livestock farmer who meets the requirements of
section 41B.03, subdivision 1, clauses (1) and (2), and who are
actively engaged in a livestock operation. Participation is
limited to 45 percent of the principal amount of the loan or
$100,000 $250,000, whichever is less. The interest rates and
repayment terms of the authority's participation interest may be
different from the interest rates and repayment terms of the
lender's retained portion of the loan. Loans under this program
must not be included in the lifetime limitation calculated under
section 41B.03, subdivision 1.
Sec. 56. Minnesota Statutes 1994, section 41B.046,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of this section:
(1) "Agricultural commodity" has the meaning given in
section 17.90.
(1) (2) "Agricultural product processing facility" means
land, buildings, structures, fixtures, and improvements located
or to be located in Minnesota and used or operated primarily for
the processing or production of marketable products
from agriculture crops agricultural commodities, including waste
and residues from agriculture crops agricultural commodities,
but, except as provided in subdivision 4a, not including
livestock or livestock products, poultry or poultry products, or
wood or wood products.
(2) (3) "Value-added agricultural product" means a product
derived from an agricultural crops commodity, including waste
and residues from agricultural crops commodities, but, except as
provided in subdivision 4a, not including livestock or livestock
products, poultry or poultry products, or wood or wood products,
which are processed by an agricultural product processing
facility.
Sec. 57. Minnesota Statutes 1994, section 41B.046, is
amended by adding a subdivision to read:
Subd. 4a. [CERTAIN LIVESTOCK PROCESSING FACILITIES
ELIGIBLE.] An applicant may be eligible for a loan under this
section if:
(1) the facility is owned and operated by a cooperative
organized under chapter 308A. For purposes of this subdivision,
"owned and operated" includes a contractual arrangement with
another entity to provide management and operations services for
a facility owned by the cooperative; and
(2) its agricultural product processing facility is located
in Minnesota and operated primarily for the processing of
livestock.
Sec. 58. Minnesota Statutes 1994, section 84.631, is
amended to read:
84.631 [ROAD EASEMENTS ACROSS STATE LANDS.]
Except as provided in section 85.015, subdivision 1b, the
commissioner, on behalf of the state, may convey a road easement
across state land under the commissioner's jurisdiction other
than school trust land, to a private person requesting an
easement for access to property owned by the person only if the
following requirements are met: (1) there are no reasonable
alternatives to obtain access to the property; and (2) the
exercise of the easement will not cause significant adverse
environmental or natural resource management impacts. The
commissioner shall:
(1) require the applicant to pay the market value of the
easement;
(2) provide that the easement reverts to the state in the
event of nonuse; and
(3) impose other terms and conditions of use as necessary
and appropriate under the circumstances.
Sec. 59. Minnesota Statutes 1994, section 84.788,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] Application for
registration or continued registration must be made to the
commissioner or an authorized deputy registrar of motor vehicles
on a form prescribed by the commissioner. The form must state
the name and address of every owner of the off-highway
motorcycle and must be signed by at least one owner. Upon
receipt of the application and the appropriate fee, the
commissioner shall assign a registration number that must be
affixed to the motorcycle in a manner prescribed by the
commissioner. The commissioner shall develop a registration
system to register vehicles under this section. A deputy
registrar of motor vehicles acting under section 168.33, is also
a deputy registrar of off-highway motorcycles. The commissioner
of natural resources in agreement with the commissioner of
public safety may prescribe the accounting and procedural
requirements necessary to ensure efficient handling of
registrations and registration fees. Deputy registrars shall
strictly comply with the accounting and procedural
requirements. A fee of 50 cents $2 in addition to other fees
prescribed by law is charged for each off-highway motorcycle
registered by:
(1) a deputy registrar and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
kept if the deputy is not a public official; or
(2) the commissioner and must be deposited in the state
treasury and credited to the off-highway motorcycle account.
Sec. 60. Minnesota Statutes 1994, section 84.798,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION; ISSUANCE.] Application for
registration or continued registration must be made to the
commissioner, or an authorized deputy registrar of motor
vehicles on a form prescribed by the commissioner. The form
must state the name and address of every owner of the off-road
vehicle and must be signed by at least one owner. Upon receipt
of the application and the appropriate fee, the commissioner
shall register the off-road vehicle and assign a registration
number that must be affixed to the vehicle in accordance with
subdivision 4. A deputy registrar of motor vehicles acting
under section 168.33 is also a deputy registrar of off-road
vehicles. The commissioner of natural resources in cooperation
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to ensure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with the accounting and
procedural requirements. A fee of 50 cents $2 in addition to
other fees prescribed by law must be charged for each off-road
vehicle registered by:
(1) a deputy registrar, and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official; or
(2) the commissioner and must be deposited in the state
treasury and credited to the off-road vehicle account.
Sec. 61. Minnesota Statutes 1994, section 84.82,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION, ISSUANCE, REPORTS, ADDITIONAL
FEE.] (a) Application for registration or reregistration shall
be made to the commissioner of natural resources, or the
commissioner of public safety or an authorized deputy registrar
of motor vehicles in such form as the commissioner of public
safety shall prescribe, and shall state the name and address of
every owner of the snowmobile and be signed by at least one
owner.
(b) A person who purchases a snowmobile from a retail
dealer shall make application for registration to the dealer at
the point of sale. The dealer shall issue a temporary
registration permit to each purchaser who applies to the dealer
for registration. The temporary registration is valid for 60
days from the date of issue. Each retail dealer shall submit
completed registration and fees to the deputy registrar at least
once a week. Upon receipt of the application and the
appropriate fee as hereinafter provided, such snowmobile shall
be registered and a registration number assigned which shall be
affixed to the snowmobile in such manner as the commissioner of
natural resources shall prescribe.
(c) Each deputy registrar of motor vehicles acting pursuant
to section 168.33, shall also be a deputy registrar of
snowmobiles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with these accounting
and procedural requirements.
(d) A fee of 50 cents $2 in addition to that otherwise
prescribed by law shall be charged for:
(1) each snowmobile registered by the registrar or a deputy
registrar. and the additional fee shall be disposed of in the
manner provided in section 168.33, subdivision 2; or
(2) each snowmobile registered by the commissioner and the
additional fee shall be deposited in the state treasury and
credited to the snowmobile trails and enforcement account in the
natural resources fund.
Sec. 62. Minnesota Statutes 1994, section 84.922,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] (a) Application
for registration or continued registration shall be made to the
commissioner of natural resources, the commissioner of public
safety or an authorized deputy registrar of motor vehicles on a
form prescribed by the commissioner. The form must state the
name and address of every owner of the vehicle and be signed by
at least one owner.
(b) Upon receipt of the application and the appropriate fee
the commissioner shall register the vehicle and assign a
registration number that must be affixed to the vehicle in a
manner prescribed by the commissioner. The commissioner shall
use the snowmobile registration system to register vehicles
under this section.
(c) Each deputy registrar of motor vehicles acting under
section 168.33, is also a deputy registrar of all-terrain
vehicles. The commissioner of natural resources in agreement
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to assure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with the accounting and
procedural requirements.
(d) A fee of 50 cents $2 in addition to other fees
prescribed by law shall be charged for each vehicle registered
by:
(1) a deputy registrar, and shall be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official; or
(2) the commissioner, and shall be deposited to the state
treasury and credited to the all-terrain vehicle account in the
natural resources fund.
Sec. 63. Minnesota Statutes 1994, section 84.943,
subdivision 3, is amended to read:
Subd. 3. [APPROPRIATIONS MUST BE MATCHED BY PRIVATE
FUNDS.] Appropriations transferred to the critical habitat
private sector matching account and money credited to the
account under section 168.1296, subdivision 5, may be expended
only to the extent that they are matched equally with
contributions to the account from private sources or by funds
contributed to the nongame wildlife management account. The
private contributions may be made in cash or in contributions of
land or interests in land that are designated by the
commissioner of natural resources as program acquisitions.
Appropriations transferred to the account that are not matched
within three years from the date of the appropriation shall
cancel to the source of the appropriation. For the purposes of
this section, the private contributions of land or interests in
land shall be valued in accordance with their appraised value.
Sec. 64. [84.964] [INTERAGENCY NATIVE VEGETATION TASK
FORCE.]
(a) An interagency task force on native plant conservation
is established composed of the commissioners or their designees
of the departments of agriculture, natural resources,
transportation, and the pollution control agency and the
executive director or designee of the board of water and soil
resources. The commissioner of natural resources or the
commissioner's designee shall chair the task force.
(b) The purpose of the task force is to identify priority
conservation needs for native plants and their habitats in the
ecological regions of the state, and to coordinate
implementation of interagency programs to address those needs.
The task force shall also ensure, to the greatest extent
practicable, that native plant species and communities are
maintained, enhanced, restored, or established on public lands,
and are promoted on private lands.
Sec. 65. Minnesota Statutes 1994, section 84B.11,
subdivision 1, is amended to read:
Subdivision 1. (a) 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.
(b) 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
Legislative members shall serve for the term of the legislative
office to which they were elected. The terms, compensation and
removal of nonlegislator nonlegislative members of the council
shall be as provided in section 15.059. Notwithstanding section
15.059, subdivision 5, the council shall continue to exist.
(c) The executive committee of the council consists 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. 66. Minnesota Statutes 1994, section 85.015, is
amended by adding a subdivision to read:
Subd. 1b. [EASEMENTS FOR INGRESS AND
EGRESS.] Notwithstanding section 16A.695, when a trail is
established under this section, a private property owner who has
a preexisting right of ingress and egress over the trail
right-of-way is granted, without charge, a permanent easement
for ingress and egress purposes only. The easement is limited
to the preexisting crossing and reverts to the state upon
abandonment. Nothing in this subdivision is intended to
diminish or alter any written or recorded easement that existed
before the state acquired the land for the trail.
Sec. 67. Minnesota Statutes 1994, section 85.015,
subdivision 11, is amended to read:
Subd. 11. [WILLARD MUNGER TRAIL, RAMSEY, ANOKA,
WASHINGTON, CHISAGO, PINE, AND CARLTON COUNTIES.] (a) The trail
shall originate in the vicinity of Arden Hills, Ramsey county,
and thence extend northeasterly, traversing Anoka and Washington
counties to the vicinity of Taylors Falls in Chisago county;
thence northwesterly and northerly to St. Croix state park in
Pine county; thence northerly to Jay Cooke state park in Carlton
county, and there terminate.
(b) The trail shall be developed primarily for riding and
hiking.
(c) Additional trails shall be established that extend the
Willard Munger trail to include Proctor and Hermantown in St.
Louis county.
Sec. 68. Minnesota Statutes 1994, section 85.019, is
amended to read:
85.019 [GRANTS-IN-AID FOR RECREATIONAL BETTERMENT LOCAL
RECREATION GRANTS.]
Subdivision 1. [DEFINITIONS DEFINITION.] (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 statutory
or home rule charter city, or 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 OUTDOOR RECREATION
AREAS.] 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 up to 50 percent of the costs or $50,000, whichever is
less, of 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 outdoor recreation areas and facilities.
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. 4a. [GRANTS FOR NATURAL AND SCENIC AREAS.] The
commissioner shall administer a program to provide grants to
units of government and school districts for the acquisition and
betterment of natural and scenic areas such as blufflands,
prairies, shorelands, wetlands, and wooded areas. A grant may
not exceed 50 percent or $50,000, whichever is less, of the
costs of acquisition and betterment of land acquired under this
subdivision.
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 implement this section, including the authority to adopt
rules for the program under chapter 14.
Sec. 69. Minnesota Statutes 1994, section 85.32,
subdivision 1, is amended to read:
Subdivision 1. [AREAS MARKED.] The commissioner of natural
resources is authorized in cooperation with local units of
government and private individuals and groups when feasible to
mark canoe and boating routes on the Little Fork, Big Fork,
Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle,
Cloquet, Root, Zumbro, Pomme de Terre, and Crow rivers which
have historic and scenic values and to mark appropriately points
of interest, portages, camp sites, and all dams, rapids,
waterfalls, whirlpools, and other serious hazards which are
dangerous to canoe and watercraft travelers.
Sec. 70. Minnesota Statutes 1994, section 85A.02,
subdivision 17, is amended to read:
Subd. 17. [ADDITIONAL POWERS.] The board may establish a
schedule of charges for admission to or the use of the Minnesota
zoological garden or any related facility. The board shall have
a policy admitting elementary school children at no charge when
they are part of an organized school activity. The Minnesota
zoological garden must be open to the public without admission
charges at least two days each month will offer free admission
throughout the year to economically disadvantaged Minnesota
citizens equal to ten percent of the average annual attendance.
However, the zoo may charge at any time for parking, special
services, and for admission to special facilities for the
education, entertainment, or convenience of visitors. The board
may provide for the purchase, reproduction, and sale of gifts,
souvenirs, publications, informational materials, food and
beverages, and grant concessions for the sale of these items.
Sec. 71. [MINNESOTA ZOO FREE ADMISSION PLAN.]
By July 1, 1995, the board shall develop a plan to
implement the offer of free admission to economically
disadvantaged Minnesota citizens, and provide a copy of the plan
to the chairs of the senate environment and natural resources
finance division and the house environment and natural resources
finance committee.
Sec. 72. Minnesota Statutes 1994, section 86.72,
subdivision 1, is amended to read:
Subdivision 1. Except as otherwise specifically provided,
federal reimbursements and match money received for the purposes
described in this chapter, regardless of the source of state
match, credit or value used to earn the reimbursement or match,
other than the federal match for state money appropriated to the
local recreation and natural areas grant-in-aid account, and
other than the federal great river road money, shall in the
first instance be credited to a federal receipt account by the
state agency receiving the reimbursement or match. Any state
department or agency, including the Minnesota historical society
and the University of Minnesota, that receives reimbursements or
matching money as described above shall transfer those amounts
to the natural resources federal reimbursement account. Amounts
sufficient to pay the costs incurred by the department of
natural resources in administering federal reimbursements are
appropriated annually to the commissioner from the federal
receipt account.
Sec. 73. Minnesota Statutes 1994, section 86B.415,
subdivision 7, is amended to read:
Subd. 7. [WATERCRAFT SURCHARGE.] A $5 surcharge is placed
on each watercraft licensed under subdivisions 1 to 5 for
control, public awareness, law enforcement, monitoring, and
research of nuisance aquatic exotic species such as zebra
mussel, purple loosestrife, and Eurasian water milfoil in public
waters and public wetlands. The surcharge is $5 until December
31, 1996, and $3 thereafter.
Sec. 74. Minnesota Statutes 1994, section 86B.415,
subdivision 8, is amended to read:
Subd. 8. [REGISTRAR'S FEE.] (a) In addition to the license
fee, a fee of 50 cents $2 shall be charged for a watercraft
license:
(1) issued through the registrar or a deputy registrar of
motor vehicles.
(b) and the additional fee shall be disposed of in the
manner provided in section 168.33, subdivision 2; or
(2) issued through the commissioner and the additional fee
shall be deposited in the state treasury and credited to the
water recreation account.
Sec. 75. Minnesota Statutes 1994, section 86B.870,
subdivision 1, is amended to read:
Subdivision 1. [FEES.] (a) The fee to be paid to the
commissioner:
(1) for issuing an original certificate of title, including
the concurrent notation of an assignment of the security
interest and its subsequent release or satisfaction, is $15;
(2) for each security interest when first noted upon a
certificate of title, including the concurrent notation of an
assignment of the security interest and its subsequent release
or satisfaction, is $10;
(3) for transferring the interest of an owner and issuing a
new certificate of title, is $10;
(4) for each assignment of a security interest when first
noted on a certificate of title, unless noted concurrently with
the security interest, is $1; and
(5) for issuing a duplicate certificate of title, is $4.
(b) In addition to other statutory fees and taxes, a filing
fee of $3.25 $3.50 is imposed on every application. The filing
fee must be shown as a separate item on title renewal notices
sent by the commissioner.
Sec. 76. Minnesota Statutes 1994, section 89.001,
subdivision 8, is amended to read:
Subd. 8. "Forest resources" means those natural assets of
forest lands, including timber and other forest crops,;
biological diversity; recreation,; fish and wildlife habitat,;
wilderness,; rare and distinctive flora and fauna,; air,;
water,; soil,; and educational, aesthetic, and historic values.
Sec. 77. [89.021] [Subd. 45.] [SHOOTING AREA WITHIN SAND
DUNES STATE FOREST.] The commissioner of natural resources shall
design and establish a noncompetitive recreational shooting area
within Sand Dunes state forest. The area shall be suitable for
sighting in legal handguns, rifles, and shotguns.
Discharge of firearms for purposes other than lawful
hunting is prohibited on state lands in the Sand Dunes State
Forest, except in the area developed as a shooting area.
Discharge of firearms for the purpose of lawful hunting is
permitted during the open seasons for taking of wild animals
unless restricted by rule.
Sec. 78. [89A.01] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] Unless the language or
context clearly indicates that a different meaning is intended,
the following terms, for the purpose of this chapter, have the
meanings given.
Subd. 2. [ADVISORY COMMITTEE.] "Advisory committee" means
the forest resources research advisory committee established
under section 89A.08.
Subd. 3. [BIOLOGICAL DIVERSITY.] "Biological diversity"
means the variety and abundance of species, their genetic
composition, and the communities and landscapes in which they
occur, including the ecological structures, functions, and
processes occurring at all of these levels.
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources or agent of the commissioner.
Subd. 5. [COUNCIL.] "Council" means the Minnesota forest
resources council established by section 89A.03.
Subd. 6. [DEPARTMENT.] "Department" means the department
of natural resources.
Subd. 7. [FOREST RESOURCES.] "Forest resources" has the
meaning given in section 89.001, subdivision 8.
Subd. 8. [GUIDELINES.] "Guidelines" means the
comprehensive timber harvesting and forest management guidelines
developed under section 89A.05.
Subd. 9. [LANDSCAPE.] "Landscape" means a heterogenous
land area composed of interacting sustainable forest resources
that are defined by natural features and socially defined
attributes.
Subd. 10. [LANDSCAPE-LEVEL.] "Landscape-level" means
typically long-term or broad-based efforts that may require
extensive analysis or planning over large areas that may involve
or require coordination across land ownerships.
Subd. 11. [REGIONAL COMMITTEE.] "Regional committee" means
a regional forest resources committee established under section
89A.06.
Subd. 12. [SITE-LEVEL.] "Site-level" means efforts
affecting operational procedures used in the planning and
implementation of timber harvesting and forest management
activities on an individual site or local scale.
Subd. 13. [SUSTAINABLE.] "Sustainable" means meeting the
needs of the present without compromising the ability of future
generations to meet their own needs.
Sec. 79. [89A.02] [POLICY.]
It is the policy of the state to:
(1) pursue the sustainable management, use, and protection
of the state's forest resources to achieve the state's economic,
environmental, and social goals;
(2) encourage cooperation and collaboration between public
and private sectors in the management of the state's forest
resources;
(3) recognize and consider forest resource issues,
concerns, and impacts at the site and landscape levels; and
(4) recognize the broad array of perspectives regarding the
management, use, and protection of the state's forest resources,
and establish processes and mechanisms that seek and incorporate
these perspectives in the planning and management of the state's
forest resources.
Nothing in this chapter abolishes, repeals, or negates any
existing authorities, policies, programs, or activities of the
commissioner or other statutory authorities related to managing
and protecting state's forest resources.
Sec. 80. [89A.03] [MINNESOTA FOREST RESOURCES COUNCIL.]
Subdivision 1. [MEMBERSHIP.] The Minnesota forest
resources council has 13 members appointed by the governor.
Council membership must include one representative from each of
the following:
(1) an organization representing environmental interests
within the state;
(2) an organization representing the interests of
management of game species;
(3) a conservation organization;
(4) an association representing forest products industry
within the state;
(5) a commercial logging contractor active in a forest
product association;
(6) a statewide association representing the resort and
tourism industry;
(7) a faculty or researcher of a Minnesota research or
higher educational institution;
(8) an owner of nonindustrial, private forest land of 40
acres or more;
(9) an agricultural woodlot owner;
(10) the department;
(11) a county land commissioner who is a member of the
Minnesota association of county land commissioners;
(12) the United States Forest Service unit with land
management responsibility in Minnesota; and
(13) a labor organization with membership having an
interest in forest resource issues.
Subd. 2. [PURPOSE.] The council shall develop
recommendations to the governor and to federal, state, county,
and local governments with respect to forest resource policies
and practices that result in the sustainable management, use,
and protection of the state's forest resources. The policies
and practices must:
(1) acknowledge the interactions of complex sustainable
forest resources, multiple ownership patterns, and local to
international economic forces;
(2) give equal consideration to the long-term economic,
ecological, and social needs and limits of the state's forest
resources;
(3) foster the productivity of the state's forests to
provide a diversity of sustainable benefits at site levels and
landscape levels;
(4) enhance the ability of the state's forest resources to
provide future benefits and services;
(5) foster no net loss of forest land in Minnesota:
(6) encourage appropriate mixes of forest cover types and
age classes within landscapes to promote biological diversity
and viable forest-dependent fish and wildlife habitats;
(7) encourage collaboration and coordination with multiple
constituencies in planning and managing the state's forest
resources; and
(8) address the environmental impacts and their mitigations
as recommended in the generic environmental impact statement on
timber harvesting.
Subd. 3. [COUNCIL MEETINGS.] The council shall establish
procedures for conducting its meetings in accordance with
section 471.705 that include provisions for seeking and
incorporating public input.
Subd. 4. [COUNCIL OFFICERS AND STAFF.] The council shall
elect a chair from among its members. The council may employ an
executive director and administrative assistant. Technical
expertise that will enable the council to carry out its
functions must be provided to the council by those interests
represented on the council.
Subd. 5. [MEMBERSHIP REGULATION.] Terms, compensation,
nomination, appointment, and removal of council members are
governed by section 15.059. Section 15.059, subdivision 5, does
not govern the expiration date of the council.
Subd. 6. [REPORT.] By January 1, 1997, the council shall
prepare a report to the governor and legislature on the status
of the state's forest resources, and strategic directions to
provide for their management, use, and protection. Information
generated by the reporting requirements in this chapter must be
incorporated in the council's report. To the extent possible,
the council's report must also identify the activities and
accomplishments of various programs that directly affect the
state's forest resources.
Subd. 7. [REVIEW OF FOREST RESOURCES PLAN AND ASSESSMENT.]
The council shall undertake a review of the forest resource
management plan and forest assessment requirements contained in
section 89.011, and report to the commissioner no later than
July 1, 1996, on the appropriateness and effectiveness of these
requirements, including recommendations for enhancing existing
forest resource planning processes. The council shall review
draft statewide and district forest resource planning documents,
and incorporate the findings, including any recommendation, of
such reviews in its biennial report specified in subdivision 6.
Sec. 81. [89A.04] [PARTNERSHIP.]
It is the policy of the state to encourage forest
landowners, forest managers, and loggers to establish a
partnership in which the implementation of council
recommendations can occur in a timely and coordinated manner
across ownerships. The partnership shall serve as a forum for
discussing operational implementation issues and problem solving
related to forest resources management and planning concerns,
and be responsive to the recommendations of the council. This
partnership shall also actively foster collaboration and
coordination among forest managers and landowners in addressing
landscape-level operations and concerns. In fulfilling its
responsibilities as identified in this chapter, the council
shall seek input from and consult with the partnership.
Sec. 82. [89A.05] [TIMBER HARVESTING AND FOREST MANAGEMENT
GUIDELINES.]
Subdivision 1. [DEVELOPMENT.] The council shall coordinate
the development of comprehensive timber harvesting and forest
management guidelines. The guidelines must address the water,
air, soil, biotic, recreational, and aesthetic resources found
in forest ecosystems by focusing on those impacts commonly
associated with applying site-level forestry practices. The
guidelines must reflect a range of practical and sound practices
based on the best available scientific information, and be
integrated to minimize conflicting recommendations while being
easy to understand and implement. Best management practices
previously developed for forest management must be incorporated
into the guidelines. The council shall periodically review and,
when deemed necessary, update the guidelines.
Subd. 2. [ECONOMIC CONSIDERATIONS.] Before the
implementation of timber harvesting and forest management
guidelines, new site-level practices and landscape-level
programs, the council shall analyze the costs of new site-level
practices and landscape-level programs. When the analysis
concludes that new landscape-level programs and site-level
practices will result in adverse economic effects, including
decreased timber supply and negative effects on tourism,
opportunities to offset those effects must be explored. The
council shall also:
(1) identify and quantify forest and timberland acreages
that will no longer be available for harvest; and
(2) encourage public resource agencies to provide
sustainable, predictable supplies of high-quality forest
resource benefits, including timber supplies that are consistent
with their multiple mandates and diverse management objectives.
These benefits should be provided by public resource agencies in
proportion to their forest land's capability to do so.
Subd. 3. [APPLICATION.] The timber harvesting and forest
management guidelines are voluntary. Prior to their actual use,
the council shall develop guideline implementation goals for
each major forest land ownership category. If the information
developed as a result of the monitoring programs established in
section 89A.07 indicates the implementation goals for the
guidelines are not being met and the council determines
significant adverse impacts are occurring, the council shall
recommend to the governor additional measures to address those
impacts. The council shall incorporate the recommendations as
part of the council's biennial report required by section
89A.03, subdivision 6.
Sec. 83. [89A.06] [LANDSCAPE-LEVEL FOREST RESOURCE
PLANNING AND COORDINATION.]
Subdivision 1. [FRAMEWORK.] The council shall establish a
framework that will enable long-range strategic planning and
landscape coordination to occur, to the extent possible, across
all forested regions of the state and across all ownerships.
The framework must include:
(1) identification of the landscapes within which
long-range strategic planning of forest resources can occur,
provided that the landscapes must be delineated based on broadly
defined ecological units and existing classification systems,
yet recognize existing political and administrative boundaries
and planning processes;
(2) a statement of principles and goals for landscape-based
forest resource planning; and
(3) identification of a general process by which
landscape-based forest resource planning can occur, provided
that the process must give considerable latitude to design
planning processes that fit the unique needs and resources of
each landscape; reflect a balanced consideration of the
economic, social, and environmental conditions and needs of each
landscape; and interface and establish formats that are
compatible with other landscape-based forest resource plans.
Subd. 2. [REGIONAL FOREST RESOURCE COMMITTEES.] To foster
landscape-based forest resource planning, the council shall
establish regional forest resource committees. The regional
committees must:
(1) include representative interests in a particular region
that are committed to and involved in landscape planning and
coordination activities;
(2) serve as a forum for landowners, managers, and
representative interests to discuss landscape forest resource
issues;
(3) identify and implement an open and public process
whereby landscape-based strategic planning of forest resources
can occur;
(4) identify sustainable forest resource goals for the
landscape and strategies to achieve those goals; and
(5) provide a regional perspective to the council with
respect to council activities.
Subd. 3. [REGIONAL COMMITTEE OFFICERS AND STAFF.] Each
regional committee shall elect a chair from among its members.
The council shall ensure regional committees have sufficient
staff resources to carry out their mission as defined in this
section.
Subd. 4. [REPORT.] Each regional committee shall report to
the council its work activities and accomplishments.
Sec. 84. [89A.07] [MONITORING.]
Subdivision 1. [FOREST RESOURCE MONITORING.] The
commissioner shall establish a program for monitoring broad
trends and conditions in the state's forest resources at
statewide, landscape, and site levels. The council shall
provide oversight and program direction for the development and
implementation of the monitoring program. To the extent
possible, the information generated under the monitoring program
must be reported in formats consistent with the landscape
regions used to accomplish the planning and coordination
activities specified in section 89A.06. To the extent possible,
the program must incorporate data generated by existing resource
monitoring programs. The commissioner shall report to the
council information on current conditions and recent trends in
the state's forest resources.
Subd. 2. [PRACTICES AND COMPLIANCE MONITORING.] The
commissioner shall establish a program for monitoring
silvicultural practices and application of the timber harvesting
and forest management guidelines at statewide, landscape, and
site levels. The council shall provide oversight and program
direction for the development and implementation of the
monitoring program. To the extent possible, the information
generated by the monitoring program must be reported in formats
consistent with the landscape regions used to accomplish the
planning and coordination activities specified in section
89A.06. The commissioner shall report to the council on the
nature and extent of silvicultural practices used, and
compliance with the timber harvesting and forest management
guidelines.
Subd. 3. [EFFECTIVENESS MONITORING.] The commissioner, in
cooperation with other research and land management
organizations, shall evaluate the effectiveness of practices to
mitigate impacts of timber harvesting and forest management
activities on the state's forest resources. The council shall
provide oversight and program direction for the development and
implementation of this monitoring program.
Subd. 4. [OTHER STUDIES AND PROGRAMS.] The council shall
monitor the implementation of other programs, formal studies,
and initiatives affecting Minnesota's forest resources.
Subd. 5. [CITIZEN CONCERNS.] The council shall facilitate
the establishment of a process to accept comments from the
public on negligent timber harvesting or forest management
practices. Comments must also be directed to the organization
administering the certification program.
Sec. 85. [89A.08] [RESEARCH ADVISORY COMMITTEE.]
Subdivision 1. [ESTABLISHMENT.] The council shall appoint
a forest resources research advisory committee. The committee
must consist of representatives of:
(1) the college of natural resources, University of
Minnesota;
(2) the natural resources research institute, University of
Minnesota;
(3) the department;
(4) the north central forest experiment station, United
States Forest Service; and
(5) other organizations as deemed appropriate by the
council.
Subd. 2. [PURPOSE.] The purpose of the advisory committee
is to foster the identification and undertaking of priority
forest resources research activities by encouraging:
(1) collaboration between organizations with
responsibilities for conducting forest resources research;
(2) linkages between researchers in different disciplines
in conducting forest resources research; and
(3) interaction and communication between researchers and
practitioners in the development and use of forest resources
research.
Subd. 3. [RESEARCH ASSESSMENT.] The advisory committee
shall periodically undertake an assessment of strategic
directions in forest resources research. The assessment must be
based on input provided by administrators, researchers,
practitioners, and the general public, and include:
(1) an assessment of the current status of forestry
resources research in the state;
(2) an identification of important forest resource issues
in need of research;
(3) an identification of priority forest research
activities whose results will enable a better understanding of
site-level and landscape-level impacts resulting from timber
harvesting and forest management activities; and
(4) an assessment of the progress toward addressing the
priority forest resources research needs identified.
The forest resources research assessment must be made
widely available to the research community, forest managers and
users, and the public.
Subd. 4. [RESEARCH DELIVERY.] Based on the priority forest
resources research activities identified in subdivision 3, the
advisory committee shall promote these research needs and the
dissemination of findings to the research community, forest
managers and users, and the public.
Subd. 5. [RESEARCH AND PRACTITIONER LINKAGES.] The
advisory committee shall periodically facilitate forums to
increase communications between the individuals and
organizations conducting forest resources research and the users
of the research.
Subd. 6. [REPORT.] The advisory committee shall report to
the council its accomplishments in fulfilling the
responsibilities identified in this section.
Sec. 86. [89A.09] [INTERAGENCY INFORMATION COOPERATIVE.]
Subdivision 1. [ESTABLISHMENT.] The commissioner shall
coordinate the establishment of an interagency information
cooperative. Members of the cooperative must include:
(1) the department;
(2) the land management information center;
(3) the Minnesota association of county land commissioners;
(4) the United States Forest Service; and
(5) other organizations as deemed appropriate by the
commissioner.
Subd. 2. [PURPOSE.] The purposes of the cooperative are to:
(1) coordinate the development and use of forest resources
data in the state;
(2) promote the development of statewide guidelines and
common language to enhance the ability of public and private
organizations and institutions to share forest resources data;
(3) promote the development of information systems that
support access to important forest resources data;
(4) promote improvement in the accuracy, reliability, and
statistical soundness of fundamental forest resources data;
(5) promote linkages and integration of forest resources
data to other natural resource information;
(6) promote access and use of forest resources data and
information systems in decision-making by a variety of public
and private organizations;
(7) promote expanding the capacity and reliability of
forest growth, succession, and other types of ecological models;
and
(8) conduct a needs assessment for improving the quality
and quantity of information systems.
Subd. 3. [REPORT.] The information cooperative shall
report to the council its accomplishments in fulfilling the
responsibilities identified in this section.
Sec. 87. [89A.10] [CONTINUING EDUCATION; CERTIFICATION.]
It is the policy of the state to encourage timber
harvesters and forest resource professionals to establish
voluntary certification and continuing education programs within
their respective professions. The council shall, where
appropriate, facilitate the development of these programs.
Sec. 88. [DATES FOR INITIAL APPOINTMENTS AND REPORT.]
The governor shall make the appointments to the forest
resources council established by Minnesota Statutes, section
89A.03, by October 1, 1995.
Sec. 89. Minnesota Statutes 1994, 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 1994 and 1995, this money must be
credited to the lakeshore leasing and sales account in the
permanent school fund and, subject to appropriation, may be used
is appropriated for use to survey, appraise, and pay associated
selling and leasing costs of lots as required in this section
and section 92.67, subdivision 3. The money 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 and leasing costs of lots, as required in this section
and 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. 90. Minnesota Statutes 1994, section 97C.305,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] Except as provided in
subdivision 2, a person over age 16 and under age 65 required to
possess an angling license must have a trout and salmon stamp in
possession to:
(1) take fish by angling in:
(1) (i) a stream designated by the commissioner as a trout
stream;
(2) (ii) a lake designated by the commissioner as a trout
lake; or
(3) (iii) Lake Superior; or
(2) possess trout or salmon taken in the state by angling.
Sec. 91. Minnesota Statutes 1994, section 103A.43, is
amended to read:
103A.43 [WATER ASSESSMENTS AND REPORTS.]
(a) The environmental quality board shall evaluate and
report to the legislative water commission and the legislative
commission on Minnesota resources on statewide water research
needs and recommended priorities for addressing these needs.
Local water research needs may also be included.
(b) The environmental quality board shall work with the
pollution control agency and the department of agriculture to
coordinate a biennial assessment and analysis of water quality,
groundwater degradation trends, and efforts to reduce, prevent,
minimize, and eliminate degradation of water. The assessment
and analysis must include an analysis of relevant monitoring
data.
(c) The environmental quality board shall work with the
department of natural resources to coordinate an assessment and
analysis of the quantity of surface and ground water in the
state and the availability of water to meet the state's needs.
(d) The environmental quality board shall coordinate and
submit a report on water policy including the analyses in
paragraphs (a) to (c) to the legislative water commission and
the legislative commission on Minnesota resources by September
15 of each even-numbered year. The report may include the
groundwater policy report in section 103A.204.
Sec. 92. Minnesota Statutes 1994, section 103D.335,
subdivision 19, is amended to read:
Subd. 19. [OPEN SPACE AND GREENBELTS.] The managers may
prepare an open space and greenbelt map of the lands of the
watershed district that should be preserved and included in the
open space and greenbelt land areas of the watershed district.
The map must be made available to the counties and local
municipalities for inclusion in floodplain and shoreland
ordinances. The managers may control the use and development of
land in the floodplain and the greenbelt and open space areas of
the watershed district. The managers may adopt, amend, or
repeal rules to control encroachments, the changing of land
contours, the placement of fill and structures, and the
placement of encumbrances or obstructions, and may require a
landowner to remove fill, structures, encumbrances, or other
obstructions and restore the previously existing land contours
and vegetation. The managers may by rule provide a procedure
for the watershed district to do the work required and assess
its cost against the affected property as a special assessment.
The rules apply only in the absence of county or municipal
ordinances regulating the items set forth in this subdivision.
The rules must be adopted in accordance with section 103D.341.
Except as provided in section 103D.345, subdivision 3, rules
adopted under this subdivision apply to the state.
Sec. 93. Minnesota Statutes 1994, section 103F.725,
subdivision 1a, is amended to read:
Subd. 1a. [FINANCIAL ASSISTANCE; LOANS.] (a) Up to
$10,000,000 $12,000,000 of the balance in the water pollution
control revolving fund in section 446A.07, as determined by the
public facilities authority shall be appropriated to the
commissioner for the establishment of a clean water partnership
loan program.
(b) The agency may award loans for up to 100 percent of the
costs associated with activities identified by the agency as
best management practices pursuant to section 319 and section
320 of the federal Water Quality Act of 1987, as amended,
including associated administrative costs.
(c) Loans may be used to finance clean water partnership
grant project eligible costs not funded by grant assistance.
(d) The interest rate, at or below market rate, and the
term, not to exceed 20 years, shall be determined by the agency
in consultation with the public facilities authority.
(e) The repayment must be deposited in the water pollution
control revolving fund under section 446A.07.
(f) The local unit of government receiving the loan is
responsible for repayment of the loan.
(g) For the purpose of obtaining a loan from the agency, a
local government unit may provide to the agency its general
obligation note. All obligations incurred by a local government
unit in obtaining a loan from the agency must be in accordance
with chapter 475, except that so long as the obligations are
issued to evidence a loan from the agency to the local
government unit, an election is not required to authorize the
obligations issued, and the amount of the obligations shall not
be included in determining the net indebtedness of the local
government unit under the provisions of any law or chapter
limiting the indebtedness.
Sec. 94. Minnesota Statutes 1994, section 103H.151, is
amended by adding a subdivision to read:
Subd. 4. [EVALUATION.] The commissioners of agriculture
and the pollution control agency shall, through field audits and
other appropriate means, monitor the use and effectiveness of
best management practices developed and promoted under this
section. The information collected must be submitted to the
environmental quality board, which must include the information
in the report required in section 103A.43, paragraph (d).
Sec. 95. Minnesota Statutes 1994, section 103I.331,
subdivision 4, is amended to read:
Subd. 4. [LANDOWNER WELL SEALING CONTRACTS.] (a) A county,
or contracted local unit of government, may contract with
landowners to share the cost of sealing priority wells in
accordance with criteria established by the board of water and
soil resources.
(b) The county must use the funds allocated from the board
of water and soil resources to pay up to 75 percent, but not
more than $2,000 of the cost of sealing priority wells. The
board, with the assistance of the department of health, may
review and approve a request above $2,000 for sealing a priority
well.
(c) A well sealing contract must provide that:
(1) sealing is done in accordance with this chapter and
rules of the commissioner of health relating to sealing of
unused wells;
(2) payment is made to the landowner, after the well is
sealed by a contractor licensed under this chapter; and
(3) the contractor must file a sealed well report and a
copy of the well record with the commissioner of health.
Sec. 96. Minnesota Statutes 1994, section 115A.03,
subdivision 29, is amended to read:
Subd. 29. [SEWAGE SLUDGE.] "Sewage sludge" means the
solids and associated liquids in municipal wastewater which are
encountered and concentrated by a municipal wastewater treatment
plant solid, semisolid, or liquid residue generated during the
treatment of domestic sewage in a treatment works. It includes,
but is not limited to, scum or solids removed in primary,
secondary, or advanced wastewater treatment processes and a
material derived from sewage sludge. Sewage sludge does not
include ash generated during the firing of sewage sludge in a
sewage sludge incinerator residues and or grit, scum, or and
screenings removed from other solids during treatment generated
during preliminary treatment of domestic sewage in a treatment
works. Sewage sludge that is acceptable and beneficial for
recycling on land as a soil conditioner and nutrient source is
also known as biosolids.
Sec. 97. Minnesota Statutes 1994, section 115A.908,
subdivision 3, is amended to read:
Subd. 3. [REPEALER.] This section is repealed on December
31, 1996 July 1, 1997.
Sec. 98. Minnesota Statutes 1994, section 115B.20,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] (a) The environmental
response, compensation, and compliance account is in the
environmental fund in the state treasury and may be spent only
for the purposes provided in subdivision 2.
(b) The commissioner of finance shall administer a response
account for the agency and the commissioner of agriculture to
take removal, response, and other actions authorized under
subdivision 2, clauses (1) to (4) and (11) to (13). The
commissioner of finance shall transfer money from the response
account to the agency and the commissioner of agriculture to
take actions required under subdivision 2, clauses (1) to (4)
and (11) to (13).
(c) The commissioner of finance shall administer the
account in a manner that allows the commissioner of agriculture
and the agency to utilize the money in the account to implement
their removal and remedial action duties as effectively as
possible.
(d) Amounts appropriated to the commissioner of finance
under this subdivision shall not be included in the department
of finance budget but shall be included in the pollution control
agency and department of agriculture budgets.
(e) All money recovered by the state under section 115B.04
or any other law for injury to, destruction of, or loss of
natural resources resulting from the release of a hazardous
substance, or a pollutant or contaminant, must be credited to
the environmental response, compensation, and compliance account
in the environmental fund and is appropriated to the
commissioner of natural resources for purposes of subdivision 2,
clause (6), consistent with any applicable term of judgments,
consent decrees, consent orders, or other administrative actions
requiring payments to the state for such purposes. Before
making an expenditure of money appropriated under this
paragraph, the commissioner of natural resources shall provide
written notice of the proposed expenditure to the chairs of the
senate committee on finance, the house of representatives
committee on ways and means, the finance division of the senate
committee on environment and natural resources, and the house of
representatives committee on environment and natural resources
finance.
Sec. 99. Minnesota Statutes 1994, section 115B.25,
subdivision 1a, is amended to read:
Subd. 1a. [ACCOUNT.] Except when another account is
specified, "account" means the harmful substance compensation
environmental response, compensation, and compliance account
established in section 115B.26 115B.20.
Sec. 100. Minnesota Statutes 1994, section 115B.26,
subdivision 2, is amended to read:
Subd. 2. [APPROPRIATION.] The amount necessary to pay for
staff assistance, administrative services, and office space
under section 115B.28, subdivision 4, and to pay claims of
compensation granted by the board agency under sections 115B.25
to 115B.37 is appropriated to the board agency from the account.
Sec. 101. Minnesota Statutes 1994, section 115B.41,
subdivision 1, is amended to read:
Subdivision 1. [ALLOCATION AND RECOVERY OF COSTS.] (a) A
person who is subject to the requirements in section 115B.40,
subdivision 4 or 5, paragraph (b), is responsible for all
environmental response costs incurred by the commissioner at or
related to the facility until the date of notice of compliance
under section 115B.40, subdivision 7. The commissioner may use
any funds available for closure, postclosure care, and response
action established by the owner or operator. If those funds are
insufficient or if the owner or operator fails to assign rights
to them to the commissioner, the commissioner may seek recovery
of environmental response costs against the owner or operator in
the county of Ramsey or in the county where the facility is
located or where the owner or operator resides.
(b) In an action brought under this subdivision in which
the commissioner prevails, the court shall award the
commissioner reasonable attorney fees and other litigation
expenses incurred by the commissioner to bring the action. All
costs, fees, and expenses recovered under this subdivision must
be deposited in the environmental fund and credited to the
landfill cleanup account solid waste fund established in section
115B.42.
Sec. 102. Minnesota Statutes 1994, section 115B.42, is
amended to read:
115B.42 [LANDFILL CLEANUP ACCOUNT SOLID WASTE FUND.]
Subdivision 1. [ESTABLISHMENT; APPROPRIATION; SEPARATE
ACCOUNTING.] (a) The landfill cleanup account solid waste fund
is established in the environmental fund in the state treasury.
The account fund consists of money credited to the account fund
and interest earned on the money in the account fund. Except as
provided in section 115B.42, subdivision 2, clause (9) (7),
money in the account fund is annually appropriated to the
commissioner for the purposes listed in subdivision 2.
(b) The commissioner of finance shall separately account
for revenue deposited in the account fund from financial
assurance funds or other mechanisms, the metropolitan landfill
contingency action trust fund, and all other sources of revenue.
Subd. 2. [EXPENDITURES.] (a) Money in the account fund may
be spent by the commissioner to:
(1) inspect permitted mixed municipal solid waste disposal
facilities to:
(i) evaluate the adequacy of final cover, slopes,
vegetation, and erosion control;
(ii) determine the presence and concentration of hazardous
substances, pollutants or contaminants, and decomposition gases;
and
(iii) determine the boundaries of fill areas;
(2) monitor and take, or reimburse others for,
environmental response actions, including emergency response
actions, at qualified facilities;
(3) acquire and dispose of property under section 115B.412,
subdivision 3;
(4) recover costs under sections 115B.39 and 115B.46;
(5) administer, including providing staff and
administrative support for, sections 115B.39 to 115B.46;
(6) enforce sections 115B.39 to 115B.46;
(7) subject to appropriation, administer the agency's
groundwater and solid waste management programs;
(8) reimburse persons under section 115B.43; and
(9) reimburse mediation expenses up to a total of $250,000
annually or defense costs up to a total of $250,000 annually for
third-party claims for response costs under state or federal law
as provided in section 115B.414.
Sec. 103. Minnesota Statutes 1994, section 115C.03,
subdivision 9, is amended to read:
Subd. 9. [REQUESTS FOR REVIEW, INVESTIGATION, AND
OVERSIGHT.] (a) The commissioner may, upon request:
(1) assist in determining whether a release has occurred;
and
(2) assist in or supervise the development and
implementation of reasonable and necessary corrective actions.
(b) Assistance may include review of agency records and
files and review and approval of a requester's investigation
plans and reports and corrective action plans and implementation.
(c) Assistance may include the issuance of a written
determination that an owner or prospective buyer of real
property will not be a responsible person under section
115C.021, if the commissioner finds the release came from a tank
not located on the property. The commissioner may also issue a
written confirmation that the real property was the site of a
release and that the tank from which the release occurred has
been removed or that the agency has issued a site closure letter
and has not revoked that status. The issuance of the written
determination or confirmation applies to tanks not on the
property or removed only and does not affect liability for
releases from tanks that are on the property at the time of
purchase. The written determination or confirmation extends to
the successors and assigns of the person to whom it originally
applied, if the successors and assigns are not otherwise
responsible for the release.
(d) The person requesting assistance under this subdivision
shall pay the agency for the agency's cost, as determined by the
commissioner, of providing assistance. Money received by the
agency for assistance under this subdivision must be deposited
in the state treasury and credited to the an account in the
special revenue fund. Money in this account is annually
appropriated to the commissioner for purposes of administering
the subdivision.
Sec. 104. Minnesota Statutes 1994, section 116.07,
subdivision 4d, is amended to read:
Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit
fees in amounts not greater than those necessary to cover the
reasonable costs of reviewing and acting upon applications for
agency permits and implementing and enforcing the conditions of
the permits pursuant to agency rules. Permit fees shall not
include the costs of litigation. The agency shall adopt rules
under section 16A.128 16A.1285 establishing the amounts and
methods of collection of any a system for charging permit fees
collected under this subdivision. The fee schedule must reflect
reasonable and routine permitting, implementation, and
enforcement costs. The agency may impose an additional
enforcement fee to be collected for a period of up to two years
to cover the reasonable costs of implementing and enforcing the
conditions of a permit under the rules of the agency. Any money
collected under this paragraph shall be deposited in the special
revenue account.
(b) Notwithstanding paragraph (a), and section 16A.128,
subdivision 1 16A.1285, subdivision 2, the agency shall collect
an annual fee from the owner or operator of all stationary
sources, emission facilities, emissions units, air contaminant
treatment facilities, treatment facilities, potential air
contaminant storage facilities, or storage facilities subject to
the requirement to obtain a permit under Title subchapter V of
the federal Clean Air Act Amendments of 1990, Public Law Number
101-549, Statutes at Large, volume 104, pages 2399, United
States code, title 42, section 7401 et seq., or section
116.081. The annual fee shall be used to pay for all direct and
indirect reasonable costs, including attorney general costs,
required to develop and administer the permit program
requirements of Title subchapter V of the federal Clean Air Act
Amendments of 1990, Public Law Number 101-549, Statutes at
Large, volume 104, pages 2399, United States Code, title 42,
section 7401 et seq., and sections of this chapter and the rules
adopted under this chapter related to air contamination and
noise. Those costs include the reasonable costs of reviewing
and acting upon an application for a permit; implementing and
enforcing statutes, rules, and the terms and conditions of a
permit; emissions, ambient, and deposition monitoring; preparing
generally applicable regulations; responding to federal
guidance; modeling, analyses, and demonstrations; preparing
inventories and tracking emissions; providing information to the
public about these activities; and, after June 30, 1992, the
costs of acid deposition monitoring currently assessed under
section 116C.69, subdivision 3.
(c) The agency shall adopt fee rules in accordance with the
procedures in section 16A.128, subdivisions 1a and 2a 16A.1285,
subdivision 5, that will result in the collection, in the
aggregate, from the sources listed in paragraph (b), of the
following amounts:
(1) in fiscal years 1992 and 1993, the amount appropriated
by the legislature from the air quality account in the
environmental fund for the agency's air quality program;
(2) for fiscal year 1994 and thereafter, an amount not less
than $25 per ton of each volatile organic compound; pollutant
regulated under United States Code, title 42, section 7411 or
7412 (section 111 or 112 of the federal Clean Air Act); and each
pollutant, except carbon monoxide, for which a national primary
ambient air quality standard has been promulgated; and
(3) for fiscal year 1994 and thereafter, (2) the agency fee
rules may also result in the collection, in the aggregate, from
the sources listed in paragraph (b), of an amount not less than
$25 per ton of each pollutant not listed in clause (2) (1) that
is regulated under Minnesota Rules, this chapter 7005, or for
which a state primary ambient air quality standard has been
adopted or air quality rules adopted under this chapter.
The agency must not include in the calculation of the aggregate
amount to be collected under the fee rules any amount in excess
of 4,000 tons per year of each air pollutant from a source.
(d) To cover the reasonable costs described in paragraph
(b), the agency shall provide in the rules promulgated under
paragraph (c) for an increase in the fee collected in each year
beginning after fiscal year 1993 by the percentage, if any, by
which the Consumer Price Index for the most recent calendar year
ending before the beginning of the year the fee is collected
exceeds the Consumer Price Index for the calendar year 1989.
For purposes of this paragraph the Consumer Price Index for any
calendar year is the average of the Consumer Price Index for
all-urban consumers published by the United States Department of
Labor, as of the close of the 12-month period ending on August
31 of each calendar year. The revision of the Consumer Price
Index that is most consistent with the Consumer Price Index for
calendar year 1989 shall be used.
(e) Any money collected under paragraphs (b) to (d) must be
deposited in an air quality account in the environmental fund
and must be used solely for the activities listed in paragraph
(b).
(f) Persons who wish to construct or expand an air emission
facility may offer to reimburse the agency for the costs of
staff overtime or consultant services needed to expedite permit
review. The reimbursement shall be in addition to fees imposed
by paragraphs (a) to (d). When the agency determines that it
needs additional resources to review the permit application in
an expedited manner, and that expediting the review would not
disrupt air permitting program priorities, the agency may accept
the reimbursement. Reimbursements accepted by the agency are
appropriated to the agency for the purpose of reviewing the
permit application. Reimbursement by a permit applicant shall
precede and not be contingent upon issuance of a permit and
shall not affect the agency's decision on whether to issue or
deny a permit, what conditions are included in a permit, or the
application of state and federal statutes and rules governing
permit determinations.
Sec. 105. Minnesota Statutes 1994, section 116.12,
subdivision 1, is amended to read:
Subdivision 1. [FEE SCHEDULES.] The agency shall establish
the fees provided in subdivisions 2 and 3 in the manner provided
in section 16A.128 16A.1285 to cover the amount expenditures of
amounts appropriated from the environmental fund to the agency
for permitting, monitoring, inspection, and enforcement expenses
of the hazardous waste activities of the agency.
The legislature may appropriate additional amounts from the
general fund that need not be covered by fees, in order to
assure adequate funding for the regulatory and enforcement
functions of the agency related to hazardous waste. All fees
collected by the agency under this section shall be deposited in
the environmental fund.
Sec. 106. [116.125] [NOTIFICATION OF FEE INCREASES.]
Before the pollution control agency adopts a fee increase
to cover an unanticipated shortfall in revenues, the
commissioner shall give written notice of the proposed increase
to the chairs of the senate committee on finance, the house of
representatives committee on ways and means, the senate and
house of representatives environment and natural resources
committees, the finance division of the senate committee on
environment and natural resources, and the house of
representatives committee on environment and natural resources
finance.
Sec. 107. Minnesota Statutes 1994, section 116.96,
subdivision 5, is amended to read:
Subd. 5. [REGULATED POLLUTANT.] "Regulated pollutant"
means:
(1) a volatile organic compound that participates in
atmospheric photochemical reactions;
(2) a pollutant for which a national ambient air quality
standard has been promulgated;
(3) a pollutant that is addressed by a standard promulgated
under section 7411 or 7412 of the Clean Air Act; or
(4) any pollutant that is regulated under Minnesota Rules,
this chapter 7005, or for which a state ambient air quality
standard has been adopted or air quality rules adopted under
this chapter.
Sec. 108. [116.991] [SMALL BUSINESS ENVIRONMENTAL LOAN
PROGRAM.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Clean Air Act" means the federal Clean Air Act, United
States Code, title 42, section 7401 et seq.
(c) "Commissioner" means the commissioner of the pollution
control agency.
Subd. 2. [ESTABLISHMENT.] A small business environmental
revolving loan program is established to provide loans to small
businesses for purposes of complying with the Clean Air Act.
Subd. 3. [ELIGIBLE BORROWER.] To be eligible for a loan
under this section, a borrower must:
(1) need to make a process change or equipment purchase to
comply with the Clean Air Act;
(2) have less than 50 full-time employees;
(3) have an after-tax profit of less than $500,000; and
(4) 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 determines
the business is subject to Clean Air Act requirements and
approves the process change or equipment needed to achieve
compliance. The commissioner shall consider the order in which
applications are received in awarding loans and may give
priority to applicants that are subject to standards adopted
under United States Code, title 42, section 7412. The
commissioner shall decide whether to award a loan to an eligible
borrower based on:
(1) the applicant's financial need;
(2) the applicant's ability to repay the loan; and
(3) the expected environmental benefit.
Subd. 5. [LIMITATION ON LOAN OBLIGATION.] A loan made
under this section is limited to the money available in the
small business environmental loan account.
Subd. 6. [LOAN CONDITIONS.] A loan made under this section
must:
(1) have an interest rate that is the lesser of four
percent or 50 percent of prime rate;
(2) have a term of payment of not more than seven years;
and
(3) be in an amount not less than $1,000 or more than
$50,000.
Sec. 109. [116.992] [SMALL BUSINESS ENVIRONMENTAL LOAN
ACCOUNT.]
The small business environmental loan account is
established in the environmental fund. Repayments of loans made
under section 116.991 must be credited to this account.
Sec. 110. Minnesota Statutes 1994, section 116C.69,
subdivision 3, is amended to read:
Subd. 3. [FUNDING; ASSESSMENT.] The board shall finance
its base line studies, general environmental studies,
development of criteria, inventory preparation, monitoring of
conditions placed on site certificates and construction permits,
and all other work, other than specific site and route
designation, from an assessment made quarterly, at least 30 days
before the start of each quarter, by the board against all
utilities with annual retail kilowatt-hour sales greater than
4,000,000 kilowatt-hours in the previous calendar year.
Until June 30, 1992, the assessment shall also include an
amount sufficient to cover 60 percent of the costs to the
pollution control agency of achieving, maintaining, and
monitoring compliance with the acid deposition control standard
adopted under sections 116.42 to 116.45, reprinting
informational booklets on acid rain, and costs for additional
research on the impacts of acid deposition on sensitive areas
published under section 116.44, subdivision 1. The commissioner
of the pollution control agency must prepare a work plan and
budget and submit them annually by June 30 to the pollution
control agency board. The agency board must take public
testimony on the budget and work plan. After the agency board
approves the work plan and budget they must be submitted
annually to the legislative water commission for review and
recommendation before an assessment is levied. Each share shall
be determined as follows: (1) the ratio that the annual retail
kilowatt-hour sales in the state of each utility bears to the
annual total retail kilowatt-hour sales in the state of all
these utilities, multiplied by 0.667, plus (2) the ratio that
the annual gross revenue from retail kilowatt-hour sales in the
state of each utility bears to the annual total gross revenues
from retail kilowatt-hour sales in the state of all these
utilities, multiplied by 0.333, as determined by the board. The
assessment shall be credited to the special revenue fund and
shall be paid to the state treasury within 30 days after receipt
of the bill, which shall constitute notice of said assessment
and demand of payment thereof. The total amount which may be
assessed to the several utilities under authority of this
subdivision shall not exceed the sum of the annual budget of the
board for carrying out the purposes of this subdivision plus 60
percent of the annual budget of the pollution control agency for
achieving, maintaining, and monitoring compliance with the acid
deposition control standard adopted under sections 116.42 to
116.45, for reprinting informational booklets on acid rain, and
for costs for additional research on the impacts of acid
deposition on sensitive areas published under section 116.44,
subdivision 1. The assessment for the second quarter of each
fiscal year shall be adjusted to compensate for the amount by
which actual expenditures by the board and the pollution control
agency for the preceding fiscal year were more or less than the
estimated expenditures previously assessed.
Sec. 111. Minnesota Statutes 1994, section 116P.11, is
amended to read:
116P.11 [AVAILABILITY OF FUNDS FOR DISBURSEMENT.]
(a) The amount biennially available from the trust fund for
the budget plan developed by the commission consists of the
earnings generated from the trust fund. Earnings generated from
the trust fund shall equal the amount of interest on debt
securities and dividends on equity securities. Gains and losses
arising from the sale of securities shall be apportioned as
follows:
(1) if the sale of securities results in a net gain during
a fiscal year, the gain shall be apportioned in equal
installments over the next ten fiscal years to offset net losses
in those years. If any portion of an installment is not needed
to recover subsequent losses identified in paragraph (b), it
shall be added to the principal of the fund; and
(2) if the sale of securities results in a net loss during
a fiscal year, the net loss shall be recovered from the gains in
paragraph (a) apportioned to that fiscal year. If such gains
are insufficient, any remaining net loss shall be recovered from
interest and dividend income in equal installments over the
following ten fiscal years.
(b) For funding projects until fiscal year 1997, the
following additional amounts are available from the trust fund
for the budget plans developed by the commission:
(1) for the 1991-1993 biennium, up to 25 percent of the
revenue deposited in the trust fund in fiscal years 1990 and
1991;
(2) for the 1993-1995 biennium, up to 20 percent of the
revenue deposited in the trust fund in fiscal year 1992 and up
to 15 percent of the revenue deposited in the fund in fiscal
year 1993;
(3) for the 1993-1995 biennium, up to 25 percent of the
revenue deposited in the trust fund in fiscal years 1994 and
1995, to be expended only for capital investments in parks and
trails; and
(4) for the 1995-1997 biennium, up to ten 25 percent of the
revenue deposited in the fund in fiscal year 1996, to be
expended only for capital investments in parks and trails.
(c) Any appropriated funds not encumbered in the biennium
in which they are appropriated cancel and must be credited to
the principal of the trust fund.
Sec. 112. [168.1296] [SPECIAL CRITICAL HABITAT LICENSE
PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The
registrar shall issue special critical habitat license plates to
an applicant who:
(1) is an owner or joint owner of a passenger automobile,
pickup truck, or van;
(2) pays a fee determined by the registrar to cover the
costs of handling and manufacturing the plates;
(3) pays the registration tax required under section
168.013;
(4) pays the fees required under this chapter;
(5) contributes at least $30 annually to the Minnesota
critical habitat private sector matching account established in
section 84.943; and
(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.
Subd. 2. [DESIGN.] After consultation with interested
groups, the commissioner of natural resources and the registrar
shall jointly select a suitable symbol for use by the registrar
to design the special plates.
Subd. 3. [NO REFUND.] Contributions under this section
must not be refunded.
Subd. 4. [PLATE TRANSFERS.] Notwithstanding section
168.12, subdivision 1, on payment of a transfer fee of $5,
plates issued under this section may be transferred to another
passenger automobile, pickup truck, or van owned or jointly
owned by the person to whom the special plates were issued.
Subd. 5. [CONTRIBUTION AND FEES CREDITED.] Contributions
under subdivision 1, clause (5), must be paid to the registrar
and credited to the Minnesota critical habitat private sector
matching account established in section 84.943. The fees
collected under this section must be deposited in the highway
user tax distribution fund.
Subd. 6. [RECORD.] The registrar shall maintain a record
of the number of special plates issued under this section.
Sec. 113. [177.435] [FACILITY CONSTRUCTION; PREVAILING
WAGE.]
Construction of value-added agricultural product processing
facility financed in whole or in part with a loan or grant
provided under section 41A.035, 41B.044, or 41B.046 is a
"project" as that term is defined in section 177.42, subdivision
2. Contracts for the construction or expansion of a value-added
agricultural product processing facility that is a project under
this section must comply with section 177.43 if the loan or
grant agreement was entered into on or after December 31, 1995.
Sec. 114. Minnesota Statutes 1994, section 239.011,
subdivision 2, is amended to read:
Subd. 2. [DUTIES AND POWERS.] To carry out the
responsibilities in section 239.01 and subdivision 1, the
director:
(1) shall take charge of, keep, and maintain in good order
the standard of weights and measures of the state and keep a
seal so formed as to impress, when appropriate, the letters
"MINN" and the date of sealing upon the weights and measures
that are sealed;
(2) has general supervision of the weights, measures, and
weighing and measuring devices offered for sale, sold, or in use
in the state;
(3) shall maintain traceability of the state standards to
the national standards of the National Institute of Standards
and Technology;
(4) shall enforce this chapter;
(5) shall grant variances from department rules, within the
limits set by rule, when appropriate to maintain good commercial
practices or when enforcement of the rules would cause undue
hardship;
(6) shall conduct investigations to ensure compliance with
this chapter;
(7) may delegate to division personnel the
responsibilities, duties, and powers contained in this section;
(8) shall test annually, and approve when found to be
correct, the standards of weights and measures used by the
division, by a town, statutory or home rule charter city, or
county within the state, or by a person using standards to
repair, adjust, or calibrate commercial weights and measures;
(9) shall inspect and test weights and measures kept,
offered, or exposed for sale;
(10) shall inspect and test, to ascertain if they are
correct, weights and measures commercially used to:
(i) determine the weight, measure, or count of commodities
or things sold, offered, or exposed for sale, on the basis of
weight, measure, or count; and
(ii) compute the basic charge or payment for services
rendered on the basis of weight, measure, or count;
(11) shall approve for use and mark weights and measures
that are found to be correct;
(12) shall reject, and mark as rejected, weights and
measures that are found to be incorrect and may seize them if
those weights and measures:
(i) are not corrected within the time specified by the
director;
(ii) are used or disposed of in a manner not specifically
authorized by the director; or
(iii) are found to be both incorrect and not capable of
being made correct, in which case the director shall condemn
those weights and measures;
(13) shall weigh, measure, or inspect packaged commodities
kept, offered, or exposed for sale, sold, or in the process of
delivery, to determine whether they contain the amount
represented and whether they are kept, offered, or exposed for
sale in accordance with this chapter and department rules. In
carrying out this section, the director must employ recognized
sampling procedures, such as those contained in National
Institute of Standards and Technology Handbook 133, "Checking
the Net Contents of Packaged Goods";
(14) shall prescribe the appropriate term or unit of weight
or measure to be used for a specific commodity when an existing
term or declaration of quantity does not facilitate value
comparisons by consumers, or creates an opportunity for consumer
confusion;
(15) shall allow reasonable variations from the stated
quantity of contents, including variations caused by loss or
gain of moisture during the course of good distribution practice
or by unavoidable deviations in good manufacturing practice,
only after the commodity has entered commerce within the state;
(16) shall inspect and test petroleum products in
accordance with this chapter and chapter 296;
(17) shall distribute and post notices for used motor
oil and used motor oil filters and lead acid battery recycling
in accordance with sections 239.54, 325E.11, and 325E.115;
(18) shall collect inspection fees in accordance with
sections 239.10 and 239.101; and
(19) shall provide metrological services and support to
businesses and individuals in the United States who wish to
market products and services in the member nations of the
European Economic Community, and other nations outside of the
United States by:
(i) meeting, to the extent practicable, the measurement
quality assurance standards described in the International
Standards Organization ISO 9000, Guide 25;
(ii) maintaining, to the extent practicable, certification
of the metrology laboratory by a governing body appointed by the
European Economic Community; and
(iii) providing calibration and consultation services to
metrology laboratories in government and private industry in the
United States.
Sec. 115. Minnesota Statutes 1994, section 239.54, is
amended to read:
239.54 [INSPECTION OF MOTOR OIL AND AUTOMOTIVE BATTERY
RETAILERS.]
The division shall produce, print, and distribute the
notices required by sections 325E.11 and 325E.115 and shall
inspect all places where motor oil is and motor oil filters are
offered for sale by persons subject to section 325E.11 and where
lead acid batteries are offered for sale at retail subject to
section 325E.115 at least once every two years to determine
compliance with those sections. In performing its duties under
this section the division may inspect any place, building, or
premises governed by sections 325E.11 and 325E.115. Authorized
employees of the division may issue warnings and citations to
persons who fail to comply with the requirements of those
sections.
Sec. 116. Minnesota Statutes 1994, section 239.791,
subdivision 8, is amended to read:
Subd. 8. [DISCLOSURE.] A person responsible for the
product who delivers, distributes, sells, or offers to sell
gasoline in a carbon monoxide control area, during a carbon
monoxide control period refinery or terminal, shall provide, at
the time of delivery gasoline is sold or transferred from the
refinery or terminal, a bill of lading or shipping manifest to
the person who receives the gasoline. For oxygenated gasoline,
the bill of lading or shipping manifest must include the
identity and the volume percentage or gallons of oxygenate
included in the gasoline, and it must state: "This fuel
contains an oxygenate. Do not blend this fuel with ethanol or
with any other oxygenate." For nonoxygenated gasoline sold or
transferred before October 1, 1997, the bill or manifest must
state: "This fuel must not be sold at retail or used in a
carbon monoxide control area." For nonoxygenated gasoline sold
or transferred after September 30, 1997, the bill or manifest
must state: "This fuel is not oxygenated. It must not be sold
at retail in Minnesota." This subdivision does not apply to
sales or transfers of gasoline when the gasoline is dispensed
into the supply tanks of motor vehicles between refineries,
between terminals, or between a refinery and a terminal.
Sec. 117. Minnesota Statutes 1994, section 296.02, is
amended by adding a subdivision to read:
Subd. 7a. [TAX CREDIT FOR AGRICULTURAL ALCOHOL
GASOLINE.] Until October 1, 1997, a distributor shall be allowed
a credit on each gallon of denatured ethanol commercially
blended with gasoline or blended in a tank truck with gasoline
on which the tax imposed by subdivision 1 is due and payable.
Denatured ethanol is defined in section 296.01, subdivision 13.
The amount of the credit for every gallon of denatured ethanol
blended with gasoline to produce agricultural alcohol gasoline
is:
(1) until October 1, 1995, 15 cents;
(2) until October 1, 1996, eight cents; and
(3) until October 1, 1997, five cents.
The credit allowed a distributor must not exceed the total
tax liability under subdivision 1. The tax credit received by a
distributor on denatured ethanol blended with motor fuels shall
be passed on to the retailer.
Sec. 118. Minnesota Statutes 1994, section 325E.10,
subdivision 1, is amended to read:
Subdivision 1. For the purposes of sections 325E.11 to
325E.113 and this section, the terms defined in this section
have the meanings given them.
Sec. 119. Minnesota Statutes 1994, section 325E.11, is
amended to read:
325E.11 [COLLECTION FACILITIES; NOTICE.]
(a) Any person selling at retail or offering motor oil or
motor oil filters for retail sale in this state shall:
(1) post a notice indicating the nearest location, or a
location within ten miles of the point of sale, where used motor
oil and used motor oil filters may be returned at no cost for
recycling or reuse; or
(2) provide a collection tank at the point of sale for the
deposit and collection of used motor oil and if the person is
subject to section 325E.112, post a notice of the availability
of the tank informing customers purchasing motor oil or motor
oil filters of the location of the used motor oil and used motor
oil filter collection site established by the retailer in
accordance with section 325E.112 where used motor oil and used
motor oil filters may be returned at no cost.
(b) A notice under paragraph (a) shall be posted on or
adjacent to the motor oil display itself and motor oil filter
displays, be at least 8-1/2 inches by 11 inches in size, contain
the universal recycling symbol with the following language:
(1) "It is illegal to put used oil and used motor oil
filters in the garbage.";
(2) "Recycle your used oil and used motor oil filters.";
and
(3)(i) "There is a free collection tank site here for your
used oil and used motor oil filters."; or
(ii) "The nearest There is a free collection tank site for
used oil is and used motor oil filters located at (name of
business and street address)."
(c) The division of weights and measures under the
department of public service shall enforce compliance of with
this section as provided in section 239.54. The pollution
control agency shall enforce compliance with this section under
sections 115.071 and 116.072 in coordination with the division
of weights and measures.
Sec. 120. [325E.112] [USED MOTOR OIL AND USED MOTOR OIL
FILTER COLLECTION.]
Subdivision 1. [COLLECTION.] (a) Retailers that sell at an
individual location more than 1,000 motor oil filters per
calendar year at retail for off-site installation must provide
for collection of used motor oil and used motor oil filters from
the public. Retailers who do not collect the used motor oil and
used motor oil filters at their individual locations may meet
the requirement by entering into a written agreement with
another party whose location is:
(1) within two miles of the retailer's location if the
retailer is located:
(i) within the Interstate Highway 494/694 beltway;
(ii) in a home rule charter or statutory city or a town
contiguous to the Interstate Highway 494/694 beltway; or
(iii) in a home rule charter or statutory city of over
30,000 population within the metropolitan area as defined in
section 473.121; or
(2) within five miles of the retailer's location if the
retailer is not in an area described in clause (1).
(b) The written agreement must specify that the other party
will accept from the public up to ten gallons of used motor oil
and ten used motor oil filters per person per month during
normal hours of operation unless: (1) the used motor oil is
known to be contaminated with antifreeze, other hazardous waste,
or other materials which may increase the cost of used motor oil
management and disposal; (2) the storage equipment for that
particular waste is temporarily filled to capacity; or (3) the
used motor oil or used motor oil filters are from a business.
(c) Persons accepting used motor oil from the public in
accordance with this subdivision shall presume that the used
motor oil is not contaminated with hazardous waste, provided the
person offering the used motor oil is acting in good faith and
the person accepting the used motor oil does not have evidence
to the contrary. Persons collecting used motor oil from the
public must take precautions to prevent contamination of used
motor oil storage equipment. Precautions may include, but are
not limited to, keeping a log of persons dropping off used motor
oil, securing access to used motor oil storage equipment, or
posting signage at the site indicating the proper use of the
equipment.
(d) Persons accepting used motor oil and used motor oil
filters under paragraph (a), including persons accepting the oil
and filters on behalf of the retailer, may not charge a fee when
accepting ten gallons or less of used motor oil or ten or fewer
used motor oil filters per person per month.
(e) Persons that receive contaminated used motor oil may
manage the used motor oil as household hazardous waste through
publicly administered household hazardous waste collection
programs, with approval from the household hazardous waste
program. Used motor oil contaminated with hazardous waste from
the public that cannot be managed through a household hazardous
waste collection program must be managed as a hazardous waste in
accordance with rules adopted by the pollution control agency.
Subd. 2. [REIMBURSEMENT PROGRAM.] A contaminated used
motor oil reimbursement program is established to provide
partial reimbursement of the costs of disposing of contaminated
used motor oil. In order to receive reimbursement, persons who
accept used motor oil from the public or parties that they have
contracted with to accept used motor oil must provide to the
commissioner of the pollution control agency proof of
contamination, information on methods the person used to prevent
the contamination of used motor oil at the site, a copy of the
billing for disposal costs incurred because of the contamination
and proof of payment, and a copy of the hazardous waste manifest
or shipping paper used to transport the waste. The commissioner
shall reimburse a recipient of contaminated used motor oil 90
percent of the costs of properly disposing of the contaminated
used motor oil. The commissioner may not reimburse persons who
intentionally place contaminants or do not take precautions to
prevent contaminants from being placed in used motor oil.
Reimbursements made under this subdivision are limited to the
money available in the contaminated used motor oil reimbursement
account.
Subd. 3. [EDUCATION PROGRAM.] When the commissioner
estimates that all funds available under section 325E.113 will
not be expended for reimbursements, the commissioner may use the
estimated unexpended funds to cover the costs of educating the
public and businesses on the provisions of this section and on
proper management of used motor oil, used motor oil filters, and
other automotive wastes.
Subd. 4. [LIABILITY EXEMPTION.] Persons who accept used
motor oil and used motor oil filters from the public are exempt
from liability under chapter 115B for the used motor oil,
contaminated used motor oil, and used motor oil filters accepted
under the provisions of subdivision 1, after the used motor oil,
contaminated used motor oil, and used motor oil filters are sent
off-site in compliance with rules adopted by the pollution
control agency.
Subd. 5. [ENFORCEMENT.] The commissioner of the pollution
control agency shall enforce compliance with this section under
sections 115.071 and 116.072.
Sec. 121. [325E.113] [CONTAMINATED USED MOTOR OIL
REIMBURSEMENT ACCOUNT.]
The contaminated used motor oil reimbursement account is
established in the environmental fund. Money in the account is
appropriated to the commissioner of the pollution control agency
for the commissioner's activities under section 325E.112.
Sec. 122. Minnesota Statutes 1994, section 446A.07,
subdivision 8, is amended to read:
Subd. 8. [OTHER USES OF REVOLVING FUND.] The water
pollution control revolving fund may be used as provided in
title VI of the Federal Water Pollution Control Act, including
the following uses:
(1) to buy or refinance the debt obligation of governmental
units for treatment works where debt was incurred and
construction begun after March 7, 1985, at or below market
rates;
(2) to guarantee or purchase insurance for local
obligations to improve credit market access or reduce interest
rates;
(3) to provide a source of revenue or security for the
payment of principal and interest on revenue or general
obligation bonds issued by the authority if the bond proceeds
are deposited in the fund;
(4) to provide loan guarantees, loans, or set-aside for
similar revolving funds established by a governmental unit other
than state agencies, or state agencies under sections 17.117,
103F.725, subdivision 1a, 116J.403, and 116J.617, and 462A.05;
provided that no more than $2,000,000 of the balance in the fund
may be used for the small cities block grant program under
section 116J.403 and the tourism loan program under section
116J.617, taken together, and no more than $2,000,000 of the
balance in the fund may be used for home improvement loan
programs under section 462A.05;
(5) to earn interest on fund accounts; and
(6) to pay the reasonable costs incurred by the authority
and the agency of administering the fund and conducting
activities required under the federal Water Pollution Control
Act, including water quality management planning under section
205(j) of the act and water quality standards continuing
planning under section 303(e) of the act.
Amounts spent under clause (6) may not exceed the amount
allowed under the Federal Water Pollution Control Act.
Sec. 123. Minnesota Statutes 1994, section 446A.071,
subdivision 2, is amended to read:
Subd. 2. [SUPPLEMENTAL ASSISTANCE.] The authority may
provide supplemental assistance under this section in the form
of loans; write-down of principal, interest, or both; or direct
grants, as determined by authority rules. The amount and form
of the supplemental assistance must be based on the authority's
determination of the financial capability of the municipality,
the municipality's eligibility to qualify for other grant
programs, and the source of funds. In determining the financial
capability of the municipality, the authority may not find the
municipality to be ineligible based on the level of the
municipality's annual sewer service charge if this charge
exceeds 1.1 percent of the municipality's annual median
household income.
Sec. 124. Minnesota Statutes 1994, section 473.845,
subdivision 2, is amended to read:
Subd. 2. [WATER SUPPLY MONITORING AND HEALTH ASSESSMENTS.]
Up to ten percent of the Money in the fund may be appropriated
to the commissioner of health for water supply monitoring and
health assessments. The commissioner shall monitor the quality
of water in public water supply wells and may monitor private
water supply wells in the metropolitan area that may be affected
by their location in relation to a facility for mixed municipal
solid waste. Testing under this subdivision must be for
substances not funded under the Federal Safe Drinking Water
Act. The health assessments must be conducted in areas that may
be affected by contaminants from mixed municipal solid waste
facilities.
Sec. 125. Minnesota Statutes 1994, section 477A.12, is
amended to read:
477A.12 [ANNUAL APPROPRIATIONS; LANDS ELIGIBLE;
CERTIFICATION OF ACREAGE.]
(a) There is annually appropriated to the commissioner of
natural resources from the general fund for payment to counties
within the state an amount equal to:
(1) for acquired natural resources land, $3 multiplied by
the total number of acres of acquired natural resources land or,
beginning July 1, 1996, at the county's option three-fourths of
one percent of the appraised value of all acquired natural
resources land in the county, whichever is greater;
(2) 75 cents multiplied by the number of acres of
county-administered other natural resources land,; and
(3) 37.5 cents multiplied by the number of acres of
commissioner-administered other natural resources land located
in each county as of July 1 of each year.
(b) Lands for which payments in lieu are made pursuant to
section 97A.061, subdivision 3, and Laws 1973, chapter 567,
shall not be eligible for payments under this section. Each
county auditor shall certify to the department of natural
resources during July of each year the number of acres of
county-administered other natural resources land within the
county. The department of natural resources may, in addition to
the certification of acreage, require descriptive lists of land
so certified. The commissioner of natural resources shall
determine and certify the number of acres of acquired natural
resources land and commissioner-administered natural resources
land within each county.
(c) For the purposes of this section, the appraised value
of acquired natural resources land is the purchase price for the
first five years after acquisition. The appraised value of
acquired natural resources land received as a donation is the
value determined for the commissioner of natural resources by a
licensed appraiser, or the county assessor's estimated market
value if no appraisal is done. The appraised value must be
determined by the county assessor every five years after the
land is acquired.
Sec. 126. Minnesota Statutes 1994, section 477A.14, is
amended to read:
477A.14 [USE OF FUNDS.]
Forty percent of the total payment to the county shall be
deposited in the county general revenue fund to be used to
provide property tax levy reduction. The remainder shall be
distributed by the county in the following priority:
(a) 42.5 37.5 cents for each acre of county-administered
other natural resources land shall be deposited in a resource
development fund to be created within the county treasury for
use in resource development, forest management, game and fish
habitat improvement, and recreational development and
maintenance of county-administered other natural resources
land. Any county receiving less than $5,000 annually for the
resource development fund may elect to deposit that amount in
the county general revenue fund;
(b) From the funds remaining, Within 30 days of receipt of
the payment to the county, the county treasurer shall pay each
organized township 30 cents per acre of acquired natural
resources land and 8.5 7.5 cents per acre of other natural
resources land located within its boundaries. Payments for
natural resources lands not located in an organized township
shall be deposited in the county general revenue fund. Payments
to counties and townships pursuant to this paragraph shall be
used to provide property tax levy reduction. Provided that, if
the total payment to the county pursuant to section 477A.12 is
not sufficient to fully fund the distribution provided for in
this clause, the amount available shall be distributed to each
township and the county general revenue fund on a pro rata
basis; and
(c) Any remaining funds shall be deposited in the county
general revenue fund. Provided that, if the distribution to the
county general revenue fund exceeds $35,000, the excess shall be
used to provide property tax levy reduction.
Sec. 127. [DEMONSTRATION PROGRAM RESTRICTIONS.]
(a) During fiscal years 1996 and 1997, loan participants
under Minnesota Statutes, section 41B.045, must comply with the
restrictions in this section.
(b) To the extent that herd health will not be jeopardized,
farms receiving assistance from the authority must be available
for tours within the first two years after completion of the
expansion.
(c) All livestock expansion loans must be for expansions
that include some of the most up-to-date, efficient systems
available. Projects must be reviewed by a University of
Minnesota extension livestock specialist prior to approval by
the authority.
Sec. 128. [HARMFUL SUBSTANCE COMPENSATION BOARD
ABOLISHED.]
The harmful substance compensation board is abolished. All
responsibilities of the board are transferred to the pollution
control agency. Minnesota Statutes, section 15.039,
subdivisions 6 and 7, do not apply to this transfer.
Sec. 129. [REFUNDS.]
The commissioner of natural resources shall refund any
payments made after August 1, 1991, under Minnesota Statutes,
section 84.631, for easements along state trails by private
property owners who had preexisting rights of ingress and egress.
Sec. 130. [REVISOR INSTRUCTION.]
In the next and subsequent editions of Minnesota Statutes,
the revisor of statutes shall:
(1) change the term "landfill cleanup account" to "solid
waste fund" in sections 115B.40, subdivision 4; 115B.41,
subdivisions 2 and 3; 115B.44, subdivision 2; 115B.45; and
116.07, subdivision 10; and
(2) change the terms "petroleum tank release cleanup
account in the environmental fund" or "petroleum tank release
cleanup account" and "account" where it refers to the petroleum
tank cleanup account, to "petroleum tank fund" and "fund,"
respectively, in Minnesota Statutes, sections 115C.02,
subdivision 1a; 115C.03, subdivision 9; 115C.04, subdivision 3;
115C.08; 115C.09, subdivisions 3 and 8; 115C.10; and 115C.11,
subdivision 2.
Sec. 131. Laws 1992, chapter 558, section 17, is amended
to read:
Sec. 17. SCIENCE MUSEUM OF MINNESOTA 200,000
This appropriation is to the Science
Museum of Minnesota for planning and
working drawings for capital remodeling
and additions predesign for the
construction of a new Science Museum in
the city of St. Paul. This
appropriation is from the general fund.
The planning and working drawings shall
include the use of the site in the city
of St. Paul on which the Public Health
Building is currently located.
Sec. 132. [LIVESTOCK PROCESSING MARKETS TASK FORCE.]
Subdivision 1. [PURPOSE.] Recent changes in the Minnesota
agricultural livestock industry, particularly in swine
production, have resulted in fewer producers who deliver to
processors greatly increased numbers of animals. In many cases
these producers are organized as authorized farm corporations,
as provided by recent amendments to Minnesota's corporate
farming law. There is growing concern as to whether smaller
producers who choose not to join large production corporations
will find markets for their livestock eliminated or greatly
diminished. With reduced markets and lessened competition, the
smaller producers are left at a critical economic disadvantage.
The study, legislative report, and legislative recommendations
authorized by this section will identify ways to assure that
competitive markets remain for small and medium-sized producers.
Subd. 2. [CREATION; MEMBERSHIP.] (a) There is hereby
created a livestock processing markets task force with ten
members appointed as follows:
(1) the chair of the agriculture and rural development
committee of the senate shall appoint one citizen member with
education and experience in the area of agricultural economics
and four members of the senate, at least one of whom must be a
member of the minority caucus; and
(2) the chair of the agriculture committee of the house of
representatives shall appoint one citizen member who is the
operator of a production agriculture farm in the state and four
members of the house of representatives, at least one of whom
must be a member of the minority caucus.
(b) The chairs must make their respective appointments not
later than June 15, 1995.
(c) Citizen members of the task force may be reimbursed for
expenses as provided in Minnesota Statutes, section 15.059,
subdivision 6.
(d) The first meeting of the task force must be called and
convened by the chairs of the agriculture policy committees of
the senate and the house of representatives. Task force members
must then elect a permanent chair from among the task force
members.
Subd. 3. [CHARGE.] The task force must examine current and
projected impacts of consolidation within the livestock
production industry and its effect on the availability of
competitive markets for small and medium-sized producers who
choose not to become part of corporate enterprises.
Subd. 4. [RESOURCES; STAFF SUPPORT; CONTRACT
SERVICES.] The commissioner of agriculture shall provide
necessary resources and staff support for the meetings,
hearings, activities, and report of the task force. To the
extent the task force determines it appropriate to contract with
nonstate providers for research or analytical services, the
commissioner shall serve as the fiscal agent for the task force.
Subd. 5. [PUBLIC HEARINGS.] The task force shall hold at
least four public hearings on the issue of access to markets by
small and medium-sized producers of livestock. At least three
of the hearings must be held in greater Minnesota.
Subd. 6. [REPORT.] Not later than March 15, 1996, the task
force shall report to the legislature on the findings of its
study. The report must include recommendations for improvements
in Minnesota Statutes that are in the best interests of both
large and small livestock producers in the state.
Subd. 7. [EXPIRATION.] The livestock processing markets
task force expires 45 days after its report and recommendations
are delivered to the legislature or on June 1, 1996, whichever
date is earlier.
Sec. 133. [HYDROLOGIC TASK FORCE.]
Subdivision 1. [CREATION.] A task force is created to
analyze means of funding interstate flood control modeling,
planning, design, and implementation activities for the Red
River of the North watershed in Minnesota and North Dakota.
Subd. 2. [COMPOSITION.] The task force shall consist of
state legislators whose districts are wholly or partially within
the drainage area of the Red River of the North.
Subd. 3. [FUNCTION.] The task force shall establish
contact with a similar group of state legislators from the state
of North Dakota whose districts are wholly or partially within
the drainage area of the Red River of the North in North
Dakota. This interstate group of state legislators shall
investigate mechanisms to raise funds locally, organizations to
collect funds and manage and implement joint programs and
projects, and means of determining appropriate interstate
cost-sharing for programs and projects. The task force shall
develop a report and present it to the appropriate legislative
committees prior to the 1997 legislative session.
Sec. 134. [USED MOTOR OIL AND OIL FILTERS; STUDY.]
The office of environmental assistance, with the
cooperation of affected retailers, shall conduct a study of the
impacts of Minnesota Statutes, section 325E.112, including:
(1) the impacts on retailers subject to the requirements of
Minnesota Statutes, section 325E.112;
(2) the likelihood that an increase in the amount of used
motor oil and used oil filters collected will result and the
expected magnitude of that increase;
(3) the geographical distribution of any expected increase
in the collection of used oil and used oil filters; and
(4) whether the costs of the collection requirement is
commensurate with the expected increase in collection.
The office shall submit its findings and recommendations to
the chairs of the house and senate environment and natural
resource committees by January 1, 1996.
Sec. 135. [LICENSE WITHOUT TAG FOR RESIDENTS UNDER AGE
16.]
For the 1995 and 1996 hunting seasons, the commissioner of
natural resources may, for a fee of $5, issue to a resident
under the age of 16 a license, without a tag, to take deer with
firearms. A person holding a license issued under this section
may hunt under the license only if accompanied by a licensed
hunter at least 18 years of age who possesses a valid tag. A
deer taken by a person holding a license issued under this
section must be promptly tagged by a licensed hunter
accompanying the person and possessing a valid tag. Minnesota
Statutes, section 97B.301, subdivision 6, does not apply to a
person holding a license issued under this section.
Sec. 136. [MUZZLE-LOADING FIREARM DEER SEASON.]
For the 1996 and 1997 hunting seasons, a licensed firearms
hunter who fails to tag a deer during the regular firearms
season may tag a deer during the muzzle-loading firearms season
by buying another firearms license and hunting by
muzzle-loader. A license to hunt in the muzzle-loading season
under this section must be purchased at least five days before
the opening day of the muzzle-loading season, except in zone 3B
where the license must be purchased before the opening day of
the muzzle-loading season.
Sec. 137. [PUBLIC INPUT; REPORT.]
The commissioner of natural resources shall seek public
input and comment on sections 135 and 136. By March 1, 1996,
the commissioner shall report to the environment and natural
resources committees of the legislature with a summary of the
public comments received and any recommendations for legislation.
Sec. 138. [CONSOLIDATION OF FUNCTIONS.]
The commissioners of the pollution control agency and
natural resources shall develop recommendations for
consolidation of the administrative, regional, and support
functions of their respective agencies wherever feasible and
expected to result in long-term overall cost reductions. By
February 1, 1996, the commissioners shall jointly report the
recommendations to the chairs of the senate environment and
natural resources finance division and the house environment and
natural resources finance committee.
Sec. 139. [PERMIT APPLICATION FEES FOR TOWNS.]
Notwithstanding Minnesota Statutes, section 116.07,
subdivision 4d, until July 1, 1997, the pollution control agency
may not charge a town a stormwater permit application fee of
more than $160 in connection with the construction,
reconstruction, or alteration of a town road, bridge, or culvert.
Sec. 140. [WASTEWATER INFRASTRUCTURE FUNDING PROGRAM;
REPORT.]
By November 1, 1995, the public facilities authority shall
report to the legislative water commission with recommendations
for statutory changes that would allow the wastewater
infrastructure funding program established in Minnesota
Statutes, section 446A.071, to be implemented without the need
for rules. The report must include a description of capital
expenditures expected to be needed for wastewater treatment
projects during fiscal years 1997 and 1998.
Sec. 141. [REPEALER.]
(a) Minnesota Statutes 1994, sections 97B.301, subdivision
5; 115B.26, subdivision 1; 239.791, subdivisions 4, 5, 6, and 9;
325E.0951, subdivision 5; and Laws 1993, chapter 172, section
10, are repealed.
(b) Sections 78 to 87 are repealed.
(c) Minnesota Statutes 1994, sections 28A.08, subdivision
2; and 446A.071, subdivision 7, are repealed.
(d) Minnesota Statutes 1994, sections 41A.09, subdivisions
2, 3, and 5; 97A.531, subdivisions 2, 3, 4, 5, and 6; and
296.02, subdivision 7, are repealed.
Sec. 142. [EFFECTIVE DATES.]
Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117,
and 141, paragraph (d), are effective the day following final
enactment.
Sections 114, 115, 118, and 121 are effective January 1,
1996.
Sections 119, 120, and 141, paragraph (c), are effective
July 1, 1996.
Section 141, paragraph (b), is effective June 30, 1999.
Presented to the governor May 20, 1995
Signed by the governor May 24, 1995, 2:32 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes