Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 407-S.F.No. 2167
An act relating to the organization and operation of
state government; appropriating money and adding and
modifying provisions relating to the environment,
natural resources, and agriculture; supplementing,
reducing, and modifying earlier appropriations;
providing for reports and fees; amending Minnesota
Statutes 1994, sections 17.117, subdivision 3; 17B.15,
subdivision 1; 18E.02, subdivision 5; 28A.04,
subdivision 1; 28A.09, subdivision 1; 28A.15,
subdivisions 7, 8, and by adding a subdivision;
28A.16; 28A.17; 32.21, subdivision 4; 32.394,
subdivision 8d, and by adding a subdivision; 32.415;
35.821, subdivision 3, and by adding a subdivision;
85.015, by adding a subdivision; 85.053, subdivision
7; 85.054, by adding a subdivision; 85.055,
subdivision 1; 94.16, subdivision 3; 97A.028,
subdivisions 1 and 3; 103D.345, by adding a
subdivision; 103G.405; and 161.1419, subdivision 2;
Minnesota Statutes 1995 Supplement, sections 28A.03;
28A.08, subdivision 1; 85.015, subdivision 7; 85.019,
subdivision 4a; 103F.725, subdivision 1a; and 446A.07,
subdivision 8; Laws 1995, chapters 207, article 1,
section 2, subdivision 7; 220, sections 5, subdivision
3; 19, subdivisions 4, 6, 10, and 19; and 254, article
1, section 93; proposing coding for new law in
Minnesota Statutes, chapters 17; 21; and 103F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.]
The sums in the columns headed "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified to be available for
the fiscal years indicated for each purpose. Amounts to be
reduced are designated by parentheses. Fiscal year 1996
appropriations are available during the biennium ending June 30,
1997.
SUMMARY BY FUND
1996 1997 TOTAL
General $1,858,000 $1,152,000 $3,010,000
Solid Waste 150,000 629,000 779,000
Minnesota Future
Resources 3,258,000 -0- 3,258,000
Environment and Natural
Resources Trust 1,630,000 -0- 1,630,000
Natural Resources 1,350,000 -0- 1,350,000
Taconite Environmental
Protection 750,000 -0- 750,000
Permanent University (250,000) (250,000)
TOTAL 8,996,000 1,531,000 10,527,000
APPROPRIATIONS
Available for the Year
Ending June 30
1996 1997
Sec. 2. POLLUTION CONTROL
AGENCY $ 309,000 $ 264,000
Summary by Fund
General 250,000 -0-
Solid Waste 59,000 264,000
$200,000 in fiscal year 1996 is for a
detailed assessment of the water
quality point source activities as
detailed in the 1995 blue ribbon task
force report to the legislature.
$50,000 in fiscal year 1996 is for
legal defense of a lawsuit relating to
the expansion of the Potlatch facility
in the city of Cook.
$59,000 in fiscal year 1996 and
$264,000 in fiscal year 1997 are from
the solid waste fund for insurance
claims settlement and recovery
associated with landfills in the
landfill cleanup program under
Minnesota Statutes, chapter 115B.
Sec. 3. NATURAL RESOURCES 2,693,000 802,000
Summary by Fund
General 593,000 1,052,000
Natural Resources 1,350,000 -0-
Taconite Environmental
Protection 750,000 -0-
Permanent University -0- (250,000)
$20,000 in fiscal year 1997 is for
posting of state forest land boundaries
in the Richard J. Dorer Memorial
Hardwood state forest. This
appropriation is to supplement, and not
supplant, existing posting activities.
$250,000 in fiscal year 1996 is for
grants to the counties of Aitkin,
Becker, Clearwater, Hubbard, and St.
Louis for reforestation, timber stand
improvements, forest road
reconstruction and maintenance, aerial
photography, and new forest inventories
in areas damaged by windstorms in July
1995. Of this amount, $4,200 is for
Aitkin county, $113,300 is for Becker
county, $83,800 is for Clearwater
county, $7,000 is for Hubbard county,
and $41,700 is for St. Louis county.
$240,000 in fiscal year 1996 is for
unanticipated costs the department
incurred for the assessment of timber
damage, cleanup, reconstruction,
replacement of damaged natural
resources, facilities, and roads,
removal of damaged trees and other
storm debris, and the cleanup and
repair of state park facilities related
to July 1995 storm damage.
$250,000 in fiscal year 1997 is for
minerals resources management. This
appropriation is added to the
appropriation in Laws 1995, chapter
220, section 5, subdivision 2.
$350,000 in fiscal year 1997 is for
parks and recreation management. The
department shall implement an
electronic state park permit tracking
system in fiscal year 1997 in
accordance with the plan prepared under
Laws 1995, chapter 220, section 5,
subdivision 5. The legislature intends
that the state park permit fee
increases in section 38 and increased
camping fees will raise $325,000 by
June 30, 1997.
$75,000 in fiscal year 1996 is for a
grant to Morrison county to address the
problem of water flow along the
easterly shoreline of the Mississippi
river near Highway 10 in Morrison
county. This funding is to be utilized
by the St. Anthony Falls laboratory of
the University of Minnesota to conduct
a comprehensive analysis of what is
causing the accelerated sedimentation
in the river, and how the problem can
best be resolved.
$28,000 in fiscal year 1996 is for a
grant to the city of Warren in Marshall
county to construct two dams on the
Snake river within the city of Warren
in Marshall county.
$150,000 in fiscal year 1997 is for
maintenance of state trails.
The commissioner of natural resources
must complete a long range plan, to the
year 2025, that identifies trail
maintenance needs and proposed costs
for the statewide trail system under
Minnesota Statutes, section 85.015.
$1,350,000 in fiscal year 1996 is from
the all-terrain vehicle account in the
natural resources fund to plan,
acquire, develop, and operate the Iron
Range off-highway vehicle recreation
area and to conduct the feasibility
study, to be available until June 30,
1998. This appropriation is contingent
on the city of Gilbert entering into an
agreement to lease the city-owned land
within the Iron Range off-highway
vehicle recreation area to the state
for $1 per year. The lease term must
be at least ten years, and
notwithstanding Minnesota Statutes,
section 16B.24, subdivision 6,
paragraph (a), may be up to 20 years.
The commissioner of finance shall
transfer $675,000 from the off-road
vehicle account in the natural
resources fund to the all-terrain
vehicle account in the natural
resources fund, in one or more
installments, before July 1, 1998.
The commissioner of finance shall
transfer $135,000 from the off-highway
motorcycle account in the natural
resources fund to the all-terrain
vehicle account in the natural
resources fund, in one or more
installments, before July 1, 1998.
$750,000 in fiscal year 1996 is from
the taconite environmental protection
fund to acquire and develop the Iron
Range off-highway vehicle recreation
area.
The legislature hereby approves the
final plan for the integrated resource
management pilot project required in
Laws 1995, chapter 220, section 5,
subdivision 10.
$262,000 in fiscal year 1997 is to
partially restore a program reduction
made to the administrative, regional,
and support functions of the department.
This appropriation is added to the
appropriation in Laws 1995, chapter
220, section 5, subdivision 9.
$20,000 in fiscal year 1997 is for
preparation of recommendations on the
reorganization of state and local
entities that protect and manage state
water resources.
Sec. 4. AGRICULTURE 670,000
$20,000 in fiscal year 1996 is for
purposes of the Minnesota dairy
producers board established in section
13. Upon request of the board, the
commissioner shall release money for
appropriate expenditures of the board.*
(The preceding text beginning "$20,000"
was vetoed by the governor.)
$50,000 in fiscal year 1996 is for a
grant to the Passing on the Farm Center
under Minnesota Statutes, section
17.985. This appropriation is
available only to the extent it is
matched by nonstate money.
$75,000 in fiscal year 1996 is for a
grant to the central lakes agricultural
center for continuation and expansion
of a research project on potato blight.
This appropriation is available to the
extent that matching money in the
amount of $1 for every $2 of state
money is provided by nonstate sources.
$150,000 in fiscal year 1996 is for
grants to establish a one-on-one
educational delivery team system to
provide appropriate new technologies
applicable to all sizes of dairy farms
to farmers to enhance the financial
success and long-term sustainability of
dairy farms in the state. The teams
must consist of farm business
management instructors, dairy extension
specialists, and dairy industry
partners to deliver the informational
and technological services. Not later
than January 15, 1997, the commissioner
shall report to the agriculture and
environment and natural resources
finance committees of the house of
representatives and the agriculture and
rural development committee and the
finance division of the environmental
and natural resources committee of the
senate on the program under this
paragraph and the activities and the
findings of the dairy producers board.
$75,000 in fiscal year 1996 is for a
grant to a joint powers board formed
for the purpose of beaver damage
control that includes at least ten of
the following counties: Beltrami,
Clay, Clearwater, Marshall, Pennington,
Polk, Red Lake, Mahnomen, Norman,
Becker, Hubbard, Itasca, Kittson,
Koochiching, St. Louis, Roseau, and
Lake of the Woods. The grant must be
matched by at least $75,000 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.
$25,000 in fiscal year 1996 is for a
contract with the Wabasha county
extension service for a pilot project
that will assist retiring farmers in
transferring their farms to beginning
farmers and provide educational and
social support necessary for the
transfer. The project must bring
together retiring farmers and
prospective farmers; help the parties
negotiate agreements; monitor the
progress of matches; coordinate mentors
to provide beginning farmers with
expertise; and develop and implement an
educational farm management and peer
support program for beginning farmers.
The extension service shall coordinate
with other local and statewide
agricultural interest groups. * (The
preceding text beginning "$25,000" was
vetoed by the governor.)
$200,000 in fiscal year 1996 is for
research and development of best
management practices for the production
of alfalfa, development of alfalfa
varieties that possess optimal energy
and protein-value characteristics, and
the development of value-added alfalfa
products. The commissioner of
agriculture shall accomplish the
purposes of this appropriation through
a collaborative effort that includes
the participation of the University of
Minnesota, the Agricultural Utilization
Research Institute and other
appropriate public and private
organizations.
$75,000 in fiscal year 1996 is for
development and promotion of integrated
pest management in an urban environment.
The urban integrated pest management
development and promotion program must
be coordinated with metropolitan state
university.
Sec. 5. OFFICE OF STRATEGIC
AND LONG-RANGE PLANNING 20,000
$20,000 in fiscal year 1996 is for a
study by the environmental quality
board of the issue of environmental
justice, as the term is defined by the
United States Environmental Protection
Agency and as described in Executive
Order No. 12898, issued February 11,
1994. As part of the study, the board
must consult with the Asian-Pacific
Minnesotans council, the council on
Black Minnesotans, the Indian affairs
council, the Spanish-speaking affairs
council, the attorney general, the
departments of human rights, trade and
economic development, health, natural
resources, and agriculture, the
pollution control agency, and
appropriate business and labor groups.
By January 1, 1997, the board must
report on the study to the senate and
house of representatives environment
and natural resources committees. The
report must address whether any
environmental justice concerns exist in
the state and what, if any, legislative
actions should be taken to address any
identified concerns.* (The preceding
section was vetoed by the governor.)
Sec. 6. BOARD OF WATER AND
SOIL RESOURCES 125,000
$125,000 in fiscal year 1996 is for a
grant to the Minnesota river basin
joint powers board for projects in the
Minnesota river basin, which may
include development of a recreation
plan. This appropriation is contingent
on the joint powers board providing a
$75,000 match.
Sec. 7. OFFICE OF ENVIRONMENTAL
ASSISTANCE 100,000
$100,000 in fiscal year 1997 is for
transfer to the attorney general to
assist local governments in dealing
with legal issues that arise in the
course of implementing state solid
waste programs, and to assist local
governments in the defense of selected
lawsuits challenging local government
implementation of state solid waste
programs. The attorney general shall
assign at least one full-time attorney
to provide assistance under this
program.
Sec. 8. MINNESOTA RESOURCES
Subdivision 1. Total Appropriation 4,888,000
Summary by Fund
Minnesota Future
Resources 3,258,000
Environment and
Natural Resources
Trust 1,630,000
Unless otherwise provided, the amounts
in this section are available until
December 31, 1997, when projects must
be completed and final products
delivered.
Subd. 2. Definitions
(a) "Future resource fund" means the
Minnesota future resources fund in
Minnesota Statutes, section 116P.l3
(b) "Trust Fund" means the Minnesota
environment and natural resources trust
fund in Minnesota Statutes, section
116P.02, subdivision 6.
Subd. 3. Parks and Trails
(a) Metropolitan Regional Park System 1,000,000
This appropriation is from the future
resources 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.
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.
(b) State Park and Recreation
Area Acquisition 1,000,000
This appropriation is from the trust
fund to the commissioner of natural
resources for acquisition of land
within the statutory boundaries of
state parks and recreation areas.
(c) Local Grants 895,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to provide matching
grants to local units of government for
local park and recreation areas; trail
linkages between communities, trails,
and parks; and at least $100,000 for
the conservation partners program as
provided in Laws 1995, chapter 220,
section 19, subdivision 4, paragraph
(e). 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 seven-county metropolitan
area and half for outside the
metropolitan area. For the purposes of
this paragraph, match includes nonstate
contributions in either cash or in-kind.
(d) Chippewa County Regional Trail 410,000
This appropriation is to the
commissioner of natural resources from
the future resources fund for a grant
to the city of Montevideo for
acquisition and development of the
Chippewa county regional trail.
Subd. 4. Urban Natural Resources
Greenway Corridors and Natural
Areas Project 50,000
This appropriation is to the
commissioner of natural resources from
the future resources fund, to be
administered through region six, for
the greenway corridors and natural
areas project. The appropriation must
be used to develop a strategy to
protect and manage greenway corridors
and significant natural areas in the
seven-county metropolitan area.
Subd. 5. Management Approaches
Upper Mississippi River Assessment Project 57,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to assist the
evaluation of the economic and
environmental sustainability of the
upper Mississippi river.
Subd. 6. Natural Resource Data
(a) Public Internet Access to Data and Information 360,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a joint project
with the pollution control agency to
provide public access via the internet
to natural resource, environmental, and
ecosystem data and information.
(b) Assessment of Wetland Regulations 15,000
This appropriation is from the future
resources fund to the board of soil and
water resources, to be available until
June 30, 1997, for a contract to assess
the economic impact of wetland
regulations on property values, in
connection with a study by the wetland
heritage advisory committee of the
issue of compensation to landowners for
costs, including reduced property
values, resulting from regulation under
state law of draining and filling of
wetlands. The wetland heritage
advisory committee shall conduct the
study in consultation with the attorney
general and representatives of property
rights groups and taxpayers groups.
The board of water and soil resources
shall report on the study by November
1, 1996, to the chairs of the senate
committees on agriculture and rural
development and environment and natural
resources, the finance division of the
senate committee on environment and
natural resources, and the house
committees on environment and natural
resources, agriculture, and environment
and natural resources finance. The
report must include recommendations for
legislation to address weaknesses
identified.
Subd. 7. Wildlife
(a) RIM - Accelerate Critical Habitat
Match Program 750,000
$630,000 of this appropriation is from
the environment and natural resources
trust fund and $120,000 is from the
future resources fund to the
commissioner of natural resources for
activities authorized by Minnesota
Statutes, section 84.943. Projects must
occur in both urban and rural areas.
(b) Investigation of deformed
frogs in Minnesota 151,000
This appropriation is from the future
resources fund to the commissioner of
the pollution control agency to
investigate the health of frog
populations and evaluate the causes of
frog deformities.
$28,000 of this appropriation is for a
grant to the Center for Global
Environmental Education at Hamline
University to be used to work with
schools and other organizations,
including the study of frogs as
environmental indicators.
(c) Niemackl Watershed Improvement 200,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to continue the
restoration of the Niemackl watershed
by improvement of water quality, flood
reduction, fish and wildlife habitat,
and recreation through citizen
participation with federal, state and
local governments, and nongovernment
agencies.
Subd. 8. 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, and
Laws 1995, chapter 220, section 19,
subdivisions 17, 18, and 20.
Subd. 9. Carryforward
The availability of the appropriations
for the following projects is extended
to December 31, 1997, when projects
must be completed and final products
delivered: Laws 1995, chapter 220,
section 19, subdivision 5, paragraph
(g), mercury deposition and lake
quality trends; Laws 1994, chapter 632,
article 2, section 6, Silver Bay
harbor; and Laws 1993, chapter 172,
section 14, subdivision 10, paragraph
(o), Lake Superior safe
harbors-continuation.
Sec. 9. UNIVERSITY OF
MINNESOTA 200,000
$50,000 in fiscal year 1996 is for
funding of continued research and
development on improved turf grasses to
be produced in Minnesota. The agronomy
department shall continue its
collaboration with turf seed-producing
and seed-marketing companies in the
state.
$150,000 in fiscal year 1996 is for the
Minnesota institute for sustainable
agriculture for the purposes of section
11, including the establishment of a
pilot regional agricultural sustainable
development center. By February 15,
1997, the institute must report to the
senate committee on agriculture and
rural development and the finance
division of the environment and natural
resources committee, and the house of
representatives committees on
agriculture and environment and natural
resources finance on the development of
the pilot center. The report must
include an analysis of nonstate
financing sources that may be available
to match state appropriations for the
program in future years.* (The
preceding text beginning "$150,000" was
vetoed by the governor.)
Sec. 10. ATTORNEY GENERAL 91,000 365,000
This appropriation is from the solid
waste fund for insurance claims
settlement and recovery associated with
landfills in the landfill cleanup
program under Minnesota Statutes,
chapter 115B.
Sec. 11. [17.1161] [SUSTAINABLE DEVELOPMENT OF MINNESOTA
AGRICULTURE PROGRAM.]
Subdivision 1. [ESTABLISHMENT; FRAMEWORK.] The Minnesota
institute for sustainable agriculture shall establish a
framework for participatory problem-solving in local communities
throughout rural Minnesota that will strengthen the connection
between local communities, regions, and the land-grant
university; invest research, education, and outreach dollars to
meet agreed-upon local and regional needs; and foster the
development of integrated agricultural systems that are
profitable, enhance environmental quality, and support rural
communities. The framework must include regional,
community-controlled agricultural sustainable development
centers located at University of Minnesota regional experiment
stations. At each center, the Minnesota institute for
sustainable agriculture shall facilitate the development of a
leadership team comprised of farmers, researchers, public
agencies, and other local community representatives to identify
problems, chart trends in problems over time, and develop an
understanding of the agricultural system as a whole, common
goals for development of the system, and five-year action plans
to address those goals. The Minnesota institute for sustainable
agriculture shall appoint a statewide oversight group of persons
with a thorough knowledge of agriculture-related issues,
including farmers' organizations, commodity groups, rural
economic development groups, the department of agriculture and
other public agencies, academic personnel, the agricultural
utilization research institute, the Minnesota extension service,
and representatives from each regional leadership team. The
oversight group shall review and comment on the regional
centers' action plans and integrate them into a comprehensive
agenda for long-term basic and applied research, education, and
outreach activities. The oversight group shall use this agenda
to make recommendations on the allocation of funds for regional
or statewide use. The Minnesota institute for sustainable
agriculture board of directors shall review and give final
approval of the allocation of funds after consultation with the
dean of the college of agricultural, food, and environmental
sciences at the University of Minnesota.
Subd. 2. [PROGRAM AREAS.] Long-term research and education
activities must be focused in four program areas:
(1) sustainable cropping systems;
(2) development of markets and agriculture-related
businesses;
(3) sustainable livestock systems; and
(4) intergenerational transfer in agriculture.
Sec. 12. Minnesota Statutes 1994, section 17.117,
subdivision 3, is amended to read:
Subd. 3. [APPROPRIATIONS.] Up to $20,000,000 $40,000,000
of the balance in the water pollution control revolving fund in
section 446A.07, as determined by the public facilities
authority, is appropriated to the commissioner for the
establishment of this program.
Sec. 13. [17.76] [MINNESOTA DAIRY PRODUCERS BOARD.]
Subdivision 1. [ESTABLISHMENT; COMPOSITION; OFFICERS.] (a)
The Minnesota dairy producers board consists of 17 members.
Fourteen of the members must be eligible family dairy producers.
Three of the members must represent food consumer groups. For
purposes of this section, "eligible family dairy producer" means
a natural person who daily manages and operates a dairy farm
owned by the person. "Eligible family dairy producer" does not
include a person who is currently an employee of or a member of
the board of directors of an organization involved in milk
processing or dairy marketing.
(b) The board shall elect from among its members a chair
and other appropriate officers.
Subd. 2. [APPOINTMENT; TERMS; COMPENSATION.] (a) Two
members of the board shall be appointed by each of seven
organizations representing agriculture in Minnesota. The
organizations are:
Minnesota Farms Union;
National Farmers Organization;
Farmers Union Milk Marketing Cooperative;
Minnesota Milk Producers;
Sustainable Farming Association of Minnesota;
Minnesota Farm Bureau; and
Minnesota COACT.
One member of the board shall be appointed by each of three
organizations representing consumers in Minnesota. The
organizations are:
Minnesota Food Association;
Minnesota Senior Federation; and
Minnesota COACT.
To the extent practicable, the members must be selected to
represent the broad diversity of Minnesota's dairy producers.
(b) The terms and compensation of members and reimbursement
for their expenses is governed by section 15.059.
Subd. 3. [DUTIES.] (a) The board shall monitor economic
aspects of the dairy production, processing, and marketing
process including:
(1) the movement of milk by processors;
(2) price setting at the Green Bay, Wisconsin, cheese
exchange;
(3) processor pricing schemes;
(4) producer checkoffs and the use of checkoff funds;
(5) federal and state pricing policy; and
(6) other activities that affect the farm gate price of raw
milk.
(b) The board shall regularly educate producers,
processors, consumers, and policymakers about the reasons for
inadequate raw milk prices.
(c) The board shall conduct quarterly surveys of dairy
producers to identify problems created by milk prices that do
not provide a fair return on the investment of producers. The
board must compile the information from these surveys and
recommend solutions to producers.
(d) The board shall determine dairy production costs in
each county through periodic surveys and from local
organizations of producers.
(e) The board shall serves as an advocate for dairy
producers in assuring that members of cooperatives are awarded
protections similar to the rights of members of cooperative
electric associations under section 216B.027.
Sec. 14. Minnesota Statutes 1994, section 17B.15,
subdivision 1, is amended to read:
Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees
for inspection and weighing shall be fixed by the commissioner
and be a lien upon the grain. The commissioner shall set fees
for all inspection and weighing in an amount adequate to pay the
expenses of carrying out and enforcing the purposes of sections
17B.01 to 17B.23, including the portion of general support costs
and statewide indirect costs of the agency attributable to that
function, with a reserve sufficient for up to six months. The
commissioner shall review the fee schedule twice each year. Fee
adjustments are not subject to chapter 14. Payment shall be
required for services rendered. If the grain is in transit, the
fees shall be paid by the carrier and treated as advance
charges, and, if received for storage, the fees shall be paid by
the warehouse operator, and added to the storage charges.
All fees collected and all fines and penalties for
violation of any provision of this chapter shall be deposited in
the grain inspection and weighing account, which is created in
the state treasury for carrying out the purpose of sections
17B.01 to 17B.23. The money in the account, including interest
earned on the account, is annually appropriated to the
commissioner of agriculture to administer the provisions of
sections 17B.01 to 17B.23. When money from any other account is
used to administer sections 17B.01 to 17B.23, the commissioner
shall notify the chairs of the agriculture, environment and
natural resources finance, and ways and means committees of the
house of representatives; the agriculture and rural development
and finance committees of the senate; and the finance division
of the environment and natural resources committee of the senate.
Sec. 15. Minnesota Statutes 1994, section 18E.02,
subdivision 5, is amended to read:
Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means:
(1) a responsible party or an owner of real property, but
does not include the state, a state agency, a political
subdivision of the state, except as provided in clause (2), the
federal government, or an agency of the federal government; or
(2) the owners of municipal airports at Perham, Madison,
and Hector, Minnesota where a licensed aerial pesticide
applicator has caused an incident through storage, handling, or
distribution operations for agricultural chemicals if (i) the
commissioner has determined that corrective action is necessary
and (ii) the commissioner determines, and the agricultural
chemical response compensation board concurs, that based on an
affirmative showing made by the owner, a responsible party
cannot be identified or the identified responsible party is
unable to comply with an order for corrective action.; or
The commissioner and the agricultural chemical response
compensation board must study and report to the legislative
water commission by January, 1994, the effect on the
agricultural chemical response and reimbursement account of
including other owners of municipal airports as eligible persons
under this chapter.
(3) a person involved in a transaction relating to real
property who is not a responsible party or owner of the real
property and who voluntarily takes corrective action on the
property in response to a request or order for corrective action
from the commissioner, except an owner of a municipal airport
not listed in clause (2).
Sec. 16. [21.901] [BRAND NAME REGISTRATION.]
The owner or originator of a variety of nonhybrid seed that
is to be sold in this state must annually register the variety
with the commissioner if the variety is to be sold only under a
brand name. The registration must include the brand name and
the variety of seed. The brand name for a blend or mixture need
not be registered.
The fee is $15 for each variety registered for sale by
brand name.
Sec. 17. Minnesota Statutes 1995 Supplement, section
28A.03, is amended to read:
28A.03 [DEFINITIONS.]
As used in Subdivision 1. [SCOPE.] The definitions in this
section apply to sections 28A.01 to 28A.16 the terms defined in
this section shall have the following meanings:.
(a) Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture of the state of Minnesota.
(b) Subd. 3. [PERSON.] "Person" means any individual,
firm, corporation, company, association, cooperative, or
partnership and includes any trustee, receiver, assignee, or
other similar representative thereof.
(c) Subd. 4. [PLACE OF BUSINESS.] "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) Subd. 5. [FOOD.] "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) (a) "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) (b) "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) (c) "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) (d) 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 paragraphs (a),
(b), and (c), when they are stored and handled in accordance
with good commercial practices.
(e) "Nonperishable food" is food described in paragraph (d)
with a shelf life of more than 90 days.
(e) Subd. 6. [SELL; SALE.] "Sell" and "sale"
includes include 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) Subd. 7. [PRINCIPAL MODE OF BUSINESS.] "Principal mode
of business" means that type of business described under either
paragraph (a), (b), (c) or (d) in section 28A.05 within which
category the greatest amount of the applicant's food business
lies.
(g) Subd. 8. [CUSTOM PROCESSOR.] "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) Subd. 9. [MAJOR VIOLATIONS.] "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. 18. Minnesota Statutes 1994, section 28A.04,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION; DATE OF ISSUANCE.] No person
shall engage in the business of manufacturing, processing,
selling, handling, or storing food without having first obtained
from the commissioner a license for doing such business.
Applications for such license shall be made to the commissioner
in such manner and time as required and upon such forms as
provided by the commissioner and shall contain the name and
address of the applicant, address or description of each place
of business, and the nature of the business to be conducted at
each place, and such other pertinent information as the
commissioner may require.
A retail or wholesale food handler license shall be issued
for the period July 1 to June 30 following and shall be renewed
thereafter by the licensee on or before July 1 each year, except
that licenses for all mobile food concession units and retail
mobile units shall be issued for the period April 1 to March 31,
and shall be renewed thereafter by the licensee on or before
April 1 each year. A license for a food broker or for a food
processor or manufacturer shall be issued for the period January
1 to December 31 following and shall be renewed thereafter by
the licensee on or before January 1 of each year. A penalty for
a late renewal shall be assessed in accordance with section
28A.08.
Sec. 19. Minnesota Statutes 1995 Supplement, section
28A.08, subdivision 1, is amended to read:
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. Fees
for all new licenses must be based on the anticipated future
gross annual food sales.
Sec. 20. Minnesota Statutes 1994, section 28A.09,
subdivision 1, is amended to read:
Subdivision 1. [ANNUAL FEE; EXCEPTIONS.] Every
coin-operated food vending machine is subject to an annual state
inspection fee of $15 for each nonexempt machine except nut
vending machines which are subject to an annual state inspection
fee of $5 for each machine, provided that:
(a) Food vending machines may be inspected by either a home
rule charter or statutory city, or a county, but not both, and
if inspected by a home rule charter or statutory city, or a
county they shall not be subject to the state inspection fee,
but the home rule charter or statutory city, or the county may
impose an inspection or license fee of no more than the state
inspection fee. A home rule charter or statutory city or county
that does not inspect food vending machines shall not impose a
food vending machine inspection or license fee.
(b) Vending machines dispensing only gum balls, hard candy,
unsorted confections candy, or ice manufactured and packaged by
another shall be exempt from the state inspection fee, but may
be inspected by the state. A home rule charter or statutory
city may impose by ordinance an inspection or license fee of no
more than the state inspection fee for nonexempt machines on the
vending machines described in this paragraph. A county may
impose by ordinance an inspection or license fee of no more than
the state inspection fee for nonexempt machines on the vending
machines described in this paragraph which are not located in a
home rule charter or statutory city.
(c) Vending machines dispensing only bottled or canned soft
drinks are exempt from the state, home rule charter or statutory
city, and county inspection fees, but may be inspected by the
commissioner or the commissioner's designee.
Sec. 21. Minnesota Statutes 1994, section 28A.15,
subdivision 7, is amended to read:
Subd. 7. Persons whose principal business is not food
handling but who sell only ice manufactured and prepackaged by
another or, such nonperishable items as bottled or canned soft
drinks, prepackaged confections candy or nuts at retail, or
persons who for their own convenience or the convenience of
their employees have available for rehydration and consumption
on the premises such nonperishable items as dehydrated coffee,
soup, hot chocolate or other dehydrated food or beverage.
Sec. 22. Minnesota Statutes 1994, section 28A.15,
subdivision 8, is amended to read:
Subd. 8. A licensed pharmacy selling only food additives,
food supplements, canned or prepackaged infant formulae, ice
manufactured and packaged by another, or such nonperishable food
items as bottled or canned soft drinks and prepackaged
confections candy or nuts at retail.
Sec. 23. Minnesota Statutes 1994, section 28A.15, is
amended by adding a subdivision to read:
Subd. 9. An individual who prepares and sells food that is
not potentially hazardous food, as defined in rules adopted
under section 31.11, at a community event or farmer's market on
ten or fewer days in a calendar year and with gross receipts of
$1,000 or less in a calendar year. If the food is not prepared
in a kitchen that is licensed or inspected, the seller must post
a visible sign or placard stating that: "These products are
homemade and not inspected."
Sec. 24. Minnesota Statutes 1994, section 28A.16, is
amended to read:
28A.16 [PERSONS SELLING LIQUOR.]
The provisions of the Minnesota consolidated food licensing
law, sections 28A.01 to 28A.16 and acts amendatory thereto,
shall not apply to persons licensed to sell 3.2 percent malt
liquor "on-sale" as provided in section 340A.403, or to persons
licensed to sell intoxicating liquors "on-sale" or "off-sale" as
provided in sections 340A.404 to 340A.407, provided that these
persons sell only ice manufactured and packaged by another, or
such nonperishable food items as bottled or canned soft drinks
and prepacked confections candy at retail.
Sec. 25. Minnesota Statutes 1994, section 28A.17, is
amended to read:
28A.17 [LICENSE RENEWAL.]
Licenses for food processors or manufacturers or food
brokers shall be renewed annually on January 1. Licenses for
retail and wholesale food handlers shall be renewed annually on
July 1. Licenses for mobile food concessions and for retail
mobile units shall be renewed annually on April 1.
Sec. 26. Minnesota Statutes 1994, section 32.21,
subdivision 4, is amended to read:
Subd. 4. [PENALTIES.] (a) A person, other than a milk
producer, who violates this section is guilty of a misdemeanor
or subject to a civil penalty up to $1,000.
(b) A milk producer may not change milk plants within 30
days, without permission of the commissioner, after receiving
notification from the commissioner under paragraph (c) or (d)
that the milk producer has violated this section.
(c) A milk producer who violates subdivision 3, clause (1),
(2), (3), (4), or (5), is subject to clauses (1) to (3) of this
paragraph.
(1) Upon notification of the first violation in a 12-month
period, the producer must meet with the dairy plant field
service representative to initiate corrective action within 30
days.
(2) Upon the second violation within a 12-month period, the
producer is subject to a civil penalty of $300. The
commissioner shall notify the producer by certified mail stating
the penalty is payable in 30 days, the consequences of failure
to pay the penalty, and the consequences of future violations.
(3) Upon the third violation within a 12-month period, the
producer is subject to an additional civil penalty of $300 and
possible revocation of the producer's permit or certification.
The commissioner shall notify the producer by certified mail
that all civil penalties owed must be paid within 30 days and
that the commissioner is initiating administrative procedures to
revoke the producer's permit or certification to sell milk for
at least 30 days.
(d) The producer's shipment of milk must be immediately
suspended if the producer is identified as an individual source
of milk containing residues causing a bulk load of milk to test
positive in violation of subdivision 3, clause (6) or (7).
Shipment may resume only after subsequent milk has been sampled
by the commissioner or the commissioner's agent and found to
contain no residues above established tolerances or safe levels.
The producer remains eligible only for manufacturing grade
until the producer completes the "Milk and Dairy Beef Residue
Prevention Protocol" with a licensed veterinarian, displays the
signed certificate in the milkhouse, and sends verification to
the commissioner. A milk producer who violates whose milk
supply is in violation of subdivision 3, clause (6) or (7), and
has caused a bulk load to test positive is subject to clauses
(1) to (3) of this paragraph.
(1) For the first violation in a 12-month period, a
producer shall not receive payment for any milk contaminated or
the equivalent of at least the value of two days' milk
production on that farm. Milk purchased for use from the
producer during the two-day penalty period will be assessed a
civil penalty equal to the minimum value of that milk and is
payable to the commissioner by the dairy plant or marketing
organization who purchases the milk. The producer remains
eligible only for manufacturing grade until the producer
completes the "Milk and Dairy Beef Residue Prevention Protocol"
with a licensed veterinarian, displays the signed certificate in
the milkhouse, and sends verification to the commissioner. To
maintain a permit or certification to market milk, this program
must be completed within 30 days dairy plant may collect from
the responsible producer the value of the contaminated truck
load of milk. If the amount collected by the plant is less than
two days of milk production on that farm, then the commissioner
must assess the difference as a civil penalty payable by the
plant or marketing organization on behalf of the responsible
producer.
(2) For the second violation in a 12-month period, a
producer shall not receive payment for any milk contaminated or
the equivalent of at least the value of four days' milk
production on that farm. Milk purchased for use from the
producer during the four-day penalty period will be assessed a
civil penalty equal to the minimum value of that milk and is
payable to the commissioner by the dairy plant or marketing
organization who purchases the milk. The producer remains
eligible only for manufacturing grade until the producer reviews
the "Milk and Dairy Beef Residue Prevention Protocol" with a
licensed veterinarian, displays the updated certificate in the
milkhouse, and sends verification to the commissioner. To
maintain a permit or certification to market milk, this program
must be reviewed within 30 days dairy plant may collect from the
responsible producer the value of the contaminated truck load of
milk. If the amount collected by the plant is less than four
days of milk production on that farm, then the commissioner must
assess the difference as a civil penalty payable by the plant or
marketing organization on behalf of the responsible producer.
(3) For the third violation in a 12-month period, a
producer shall not receive payment for any milk contaminated or
the equivalent of at least the value of four days' milk
production on that farm. Milk purchased for use from the
producer during the four-day penalty period will be assessed a
civil penalty equal to the minimum value of that milk and is
payable to the commissioner by the dairy plant or marketing
organization who purchases the milk. The producer remains
eligible only for manufacturing grade until the producer reviews
the "Milk and Dairy Beef Residue Prevention Protocol" with a
licensed veterinarian, displays the updated certificate in the
milkhouse, and sends verification to the commissioner. To
maintain a permit or certification to market milk, this program
must be reviewed within 30 days dairy plant may collect from the
responsible producer the value of the contaminated load of milk.
If the amount collected by the plant is less than four days of
milk production on that farm, then the commissioner must assess
the difference as a civil penalty payable by the plant or
marketing organization on behalf of the responsible producer.
The commissioner shall also notify the producer by certified
mail that the commissioner is initiating administrative
procedures to revoke the producer's permit or
certification right to sell milk for a minimum of 30 days.
(4) If a bulk load of milk tests negative for residues and
there is a positive producer sample on the load, no civil
penalties may be assessed to the producer. The plant must
report the positive result within 24 hours and reject further
milk shipments from that producer until the producer's milk
tests negative. The department shall suspend the producer's
permit and count the violation on the producer's record. The
producer remains eligible only for manufacturing grade until the
producer reviews the "Milk and Dairy Beef Residue Prevention
Protocol" with a licensed veterinarian. To maintain a permit or
certification to market milk, this program must be reviewed
within 30 days.
(e) A milk producer that has been certified as completing
the "Milk and Dairy Beef Residue Prevention Protocol" within 12
months of the first violation of subdivision 3, clause (7), need
only review the cause of the violation with a field service
representative within three days to maintain shipping status if
all other requirements of this section are met.
(f) Civil penalties collected under this section must be
deposited in the milk inspection services account established in
this chapter.
Sec. 27. Minnesota Statutes 1994, section 32.394,
subdivision 8d, is amended to read:
Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall
pay to the commissioner a fee for fluid milk processed and milk
used in the manufacture of fluid milk products sold for retail
sale in Minnesota. Beginning May 1, 1993, the fee is six cents
per hundredweight. If the commissioner determines that a
different fee, not less than five cents and not more than nine
cents per hundredweight, when combined with general fund
appropriations and fees charged under sections 31.39 and 32.394,
subdivision 8, is needed to provide adequate funding for the
Grades A and B inspection programs and the administration and
enforcement of Laws 1993, chapter 65, the commissioner may, by
rule, change the fee on processors within the range provided
within this subdivision.
(b) Processors must report quantities of milk processed
under paragraph (a) on forms provided by the commissioner.
Processor fees must be paid monthly. The commissioner may
require the production of records as necessary to determine
compliance with this subdivision.
(c) The commissioner may create within the department a
dairy consulting program to provide assistance to dairy
producers who are experiencing problems meeting the sanitation
and quality requirements of the dairy laws and rules.
The commissioner may use money appropriated from the dairy
services account created in subdivision 9 to pay for the program
authorized in this paragraph.
Sec. 28. Minnesota Statutes 1994, section 32.394, is
amended by adding a subdivision to read:
Subd. 8e. [FARM BULK MILK PICK-UP TANKERS.] Farm bulk milk
pick-up tankers must be inspected and obtain a permit issued by
the commissioner annually by July 1. The owner or operator must
pay a $25 permit fee per tanker to the commissioner. The
commissioner may appoint such persons as the commissioner deems
qualified to make inspections.
Sec. 29. Minnesota Statutes 1994, section 32.415, is
amended to read:
32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.]
(a) The commissioner may adopt rules to provide uniform
quality standards, and producers of milk used for manufacturing
purposes shall conform to the standards contained in Subparts B,
C, D, E, and F of the United States Department of Agriculture
Consumer and Marketing Service Recommended Requirements for Milk
for Manufacturing Purposes and its Production and Processing,
Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, with
the following exceptions:
(1) inspections of producers shall begin not later than
January 1, 1984;
(2) producers shall comply with the standards not later
than July 1, 1985, except as otherwise allowed under the
standards; and
(3) as revised through March 1, 1996, except that the
commissioner shall develop methods by which producers can comply
with the standards without violation of religious beliefs.
(b) The commissioner shall perform or contract for the
performance of the inspections necessary to implement this
section or shall certify dairy industry personnel to perform the
inspections.
(c) The commissioner and other employees of the department
shall make every reasonable effort to assist producers in
achieving the milk quality standards at minimum cost and to use
the experience and expertise of the University of Minnesota and
the agricultural extension service to assist producers in
achieving the milk quality standards in the most cost-effective
manner.
(d) The commissioner shall consult with producers,
processors, and others involved in the dairy industry in order
to prepare for the implementation of this section including
development of informational and educational materials,
meetings, and other methods of informing producers about the
implementation of standards under this section.
Sec. 30. Minnesota Statutes 1994, section 35.821,
subdivision 3, is amended to read:
Subd. 3. [BRAND.] "Brand" means a permanent identification
mark, of which the letters, numbers, and figures used are each
four inches or more in length or diameter and applied using the
technique of freeze branding or burned into the hide of a live
animal with a hot iron, which is to be considered in relation to
its location on the animal. The term relates to both the mark
burned into the hide and its location. In the case of sheep,
the term includes, but is not limited to, a painted mark which
is renewed after each shearing.
Sec. 31. Minnesota Statutes 1994, section 35.821, is
amended by adding a subdivision to read:
Subd. 3a. [FREEZE BRANDING.] "Freeze branding" means the
application of an intensely cold iron to the hide of a live
animal.
Sec. 32. [OFF-HIGHWAY VEHICLE RECREATION AREA.]
Subdivision 1. [DEFINITION.] For purposes of this act,
"off-highway vehicle" means an all-terrain vehicle, an
off-highway motorcycle, or an off-road vehicle as those terms
are defined in Minnesota Statutes, chapter 84.
Subd. 2. [85.013] [Subd. 12a.] [IRON RANGE OFF-HIGHWAY
VEHICLE RECREATION AREA.] The Iron Range off-highway vehicle
recreation area is established in St. Louis county.
Subd. 3. [ACQUISITION AND MANAGEMENT.] The commissioner of
natural resources is authorized to acquire by gift or purchase
the lands for the Iron Range off-highway vehicle recreation
area. The commissioner shall manage the unit as a state
recreation area as provided by Minnesota Statutes, section
86A.05, subdivision 3. The commissioner or the commissioner's
designee in the trails and waterways division of the department
of natural resources shall develop and manage the area for
off-highway vehicle recreational use.
Subd. 4. [ADVISORY COMMITTEE.] (a) A local area advisory
committee is established to provide direction on the
establishment, planning, development, and operation of the Iron
Range off-highway vehicle recreation area. Except as provided
in paragraph (b), the commissioner of natural resources shall
appoint the members of the advisory committee.
(b) Membership on the advisory committee shall include:
(1) a representative of the all-terrain vehicle association
of Minnesota;
(2) a representative of the amateur riders of motorcycles
association;
(3) a representative of the Minnesota four-wheel drive
association;
(4) a representative of the St. Louis county board;
(5) a state representative appointed by the speaker of the
house of representatives;
(6) a state senator appointed by the senate committee on
committees;
(7) a designee of the local environmental community
selected by the area environmental organizations;
(8) a designee of the local tourism community selected by
the iron trail convention and visitors bureau; and
(9) a representative of the Tower regional office of the
department of natural resources.
(c) The advisory committee shall elect its own chair and
meetings shall be at the call of the chair.
(d) The advisory committee members shall serve as
volunteers and accept no per diem.
Subd. 5. [MANAGEMENT PLAN.] The commissioner and the local
area advisory committee shall cooperatively develop a
comprehensive management plan that provides for:
(1) multiple use recreation for off-highway vehicles;
(2) protection of natural resources;
(3) limited timber management;
(4) land acquisition needs; and
(5) road and facility development.
The completed management plan shall serve as the master
plan for purposes of Minnesota Statutes, section 86A.09.
Subd. 6. [BOUNDARIES.] The following described lands are
located within the boundaries of the Iron Range off-highway
vehicle recreation area:
That part of St. Louis county, Minnesota, lying within:
Section 25, Township 58 North, Range 17 West.
EXCEPT the North Half of the Northeast Quarter.
EXCEPT the Northwest Quarter.
EXCEPT the Northwest Quarter of the Southwest Quarter.
EXCEPT the Southwest Quarter of the Southwest Quarter lying
north of the Duluth Missabe and Iron Range Railroad.
Section 26, Township 58 North, Range 17 West.
EXCEPT the Northeast Quarter.
EXCEPT the Northwest Quarter.
EXCEPT the Southwest Quarter.
EXCEPT the Southeast Quarter, 100 feet along the east side
of the quarter.
Section 35, Township 58 North, Range 17 West.
EXCEPT the Northwest Quarter.
EXCEPT the Southwest Quarter.
EXCEPT the Southeast Quarter.
EXCEPT the West 970 feet of the Northeast Quarter of the
Northeast Quarter.
EXCEPT the Northwest Quarter of the Northeast Quarter.
Section 36, Township 58 North, Range 17 West.
EXCEPT the Southeast Quarter of the Southwest Quarter.
Subd. 7. [ADOPT-A-RECREATION AREA.] The commissioner shall
utilize Minnesota Statutes, section 85.045, as much as possible
in developing and operating the Iron Range off-highway vehicle
recreation area.
Subd. 8. [FEASIBILITY STUDY.] The trails and waterways
division of the department of natural resources in consultation
with the local area advisory committee shall conduct a study to
identify additional sites to expand the Iron Range off-highway
vehicle recreation area and to determine the feasibility of
acquiring, developing, and connecting the sites.
Subd. 9. [VEHICLES MUST BE REGISTERED.] An off-highway
vehicle being operated in the Iron Range off-highway vehicle
recreation area must be properly registered under Minnesota
Statutes, chapter 84.
Sec. 33. Minnesota Statutes 1995 Supplement, section
85.015, subdivision 7, is amended to read:
Subd. 7. [BLUFFLANDS TRAIL SYSTEM, FILLMORE, OLMSTED,
WINONA, AND HOUSTON COUNTIES.] (a) The Root River trail shall
originate at Chatfield in Fillmore county, and thence extend
easterly in the Root river valley to the intersection of the
river with Minnesota trunk highway No. 26 in Houston county, and
extend to the Mississippi river.
(b) Additional trails shall be established that extend the
Blufflands Trail System to include La Crescent, Hokah,
Caledonia, and Spring Grove in Houston county; Preston, Harmony,
Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in
Fillmore county; Dover, Eyota, Stewartville, Byron, and Chester
Woods county park in Olmsted county; and Winona, Minnesota City,
Rollingstone, Altura, Lewiston, Utica, St. Charles, and Elba in
Winona county. In addition to the criteria in section 86A.05,
subdivision 4, these trails must utilize abandoned railroad
rights-of-way where possible.
(c) The trails shall be developed primarily for
nonmotorized riding and hiking.
Sec. 34. Minnesota Statutes 1994, section 85.015, is
amended by adding a subdivision to read:
Subd. 19. [BLAZING STAR TRAIL, FREEBORN AND MOWER
COUNTIES.] (a) The trail shall originate in the city of Albert
Lea and extend to the city of Austin.
(b) The trail shall be developed primarily for hiking and
nonmotorized riding.
Sec. 35. Minnesota Statutes 1995 Supplement, section
85.019, subdivision 4a, is amended to read:
Subd. 4a. [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 $200,000, whichever is less, of
the costs of acquisition and betterment of land acquired under
this subdivision.
Sec. 36. Minnesota Statutes 1994, section 85.053,
subdivision 7, is amended to read:
Subd. 7. [HANDICAPPED PERSONS AND PERSONS OVER AGE 65.]
(a) The commissioner shall prescribe and issue special state
park permits for:
(1) an individual age 65 years or older who furnishes
satisfactory proof of age and is a resident of the state;
(2) a physically handicapped person with a motor vehicle (i)
that has special plates issued under section 168.021,
subdivision 1, or (ii) who has a permanent disability
certificate issued under section 169.345, subdivision 3, and who
can demonstrate proof of ownership of the vehicle for which the
state park permit is being purchased or proof of a leasehold
interest in the vehicle for a term at least as long as the term
of the permit; and
(3) (2) a physically handicapped person who: (i) does not
own or operate a motor vehicle; (ii) possesses a statement
certified under section 169.345, subdivision 2a; and (iii)
applies to the commissioner in writing.
(b) Except for vehicles permitted under paragraph (a),
clause (3), the permit or the decal issued under this
subdivision is valid only when displayed on a vehicle owned and
occupied by the person to whom the permit is issued.
Sec. 37. Minnesota Statutes 1994, section 85.054, is
amended by adding a subdivision to read:
Subd. 6. [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA.]
A state park permit is not required and a fee may not be charged
for motor vehicle entry or parking at the Iron Range off-highway
vehicle recreation area, except that the commissioner may
establish special event fees.
Sec. 38. Minnesota Statutes 1994, section 85.055,
subdivision 1, is amended to read:
Subdivision 1. [FEES.] The fee for state park permits for:
(1) an annual use of state parks is $18 $20;
(2) a second vehicle state park permit is $12 $15;
(3) a special state park permit valid up to two days is $4;
(4) a special daily vehicle state park permit for groups is
$2;
(5) an employee's state park permit is without charge; and
(6) a special state park permit for handicapped persons and
persons over age 65 under section 85.053, subdivision 7, clauses
(1), and (2), and (3), is $12.
The fees specified in this subdivision include any sales
tax required by state law.
Sec. 39. Minnesota Statutes 1994, section 94.16,
subdivision 3, is amended to read:
Subd. 3. [PROCEEDS FROM NATURAL RESOURCES LAND.] The
remainder of the proceeds from the sale of lands that were under
the control and supervision of the commissioner of natural
resources shall be credited to the land acquisition account in
the natural resources fund.
Sec. 40. Minnesota Statutes 1994, section 97A.028,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Agricultural crops" means annually seeded crops,
legumes, fruit orchards, tree farms and nurseries, turf farms,
and apiaries.
(c) "Parcel" has the meaning given in section 272.03,
subdivision 6.
(d) "Specialty crops" means fruit orchards, vegetables,
tree farms and nurseries, turf farms, and apiaries.
Sec. 41. Minnesota Statutes 1994, section 97A.028,
subdivision 3, is amended to read:
Subd. 3. [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a)
For the purposes of this subdivision, "cooperative damage
management agreement" means an agreement between a landowner or
tenant and the commissioner that establishes a program for
addressing the problem of destruction of the landowner's or
tenant's specialty crops by wild animals on the landowner's
property.
(b) A person landowner or tenant may apply to the
commissioner for emergency deterrent materials assistance in
controlling destruction of the landowner's or tenant's specialty
crops by wild animals. Subject to the availability of money
appropriated for this purpose, the commissioner shall provide
suitable deterrent materials, up to $3,000 in value per
individual or corporation, when the commissioner determines that:
(1) immediate action is necessary to prevent significant
damage from continuing; and
(2) a cooperative damage management agreement cannot be
implemented immediately.
(c) A person may receive emergency deterrent materials
assistance under this subdivision more than once, but the
cumulative total value of deterrent materials provided to a
person, or for use on a parcel, may not exceed $3,000. If a
person is a coowner or cotenant with respect to the specialty
crops for which the deterrent materials are provided, the
deterrent materials are deemed to be "provided" to the person
for the purposes of this paragraph.
(d) As a condition of receiving emergency deterrent
materials assistance under this subdivision, a landowner or
tenant shall enter into a cooperative damage management
agreement with the commissioner. Deterrent materials provided
by the commissioner may include repellents, fencing materials,
or other materials recommended in the agreement to alleviate the
damage problem. If requested by a landowner or tenant, any
fencing materials provided must be capable of providing
long-term protection of specialty crops. A landowner may not
receive emergency deterrent materials assistance under this
subdivision more than once. A landowner or tenant who receives
emergency deterrent materials assistance under this subdivision
shall comply with the terms of the cooperative damage management
agreement.
Sec. 42. Minnesota Statutes 1994, section 103D.345, is
amended by adding a subdivision to read:
Subd. 5. [APPLICABILITY OF PERMIT REQUIREMENTS TO
STATE.] A rule adopted by the managers that requires a permit
for an activity applies to the department of transportation.
Sec. 43. [103F.378] [MINNESOTA RIVER BASIN JOINT POWERS
BOARD.]
Subdivision 1. [DUTIES.] The Minnesota river basin joint
powers board, established under section 471.59 for the purpose
of coordinating efforts to improve water quality in the
Minnesota river and achieving the goal of making the Minnesota
river suitable for fishing and swimming by the year 2005, has
the following duties:
(1) coordination of comprehensive cleanup goals for the
Minnesota river by coordinating the work plans of the 12 major
watersheds and the member counties of the joint powers board,
state agencies, and the University of Minnesota in cleanup
efforts and submission of periodic river cleanup plans for
submission to the governor and the legislature;
(2) advising on the development and use of monitoring and
evaluation systems in the Minnesota river and the incorporation
of the data obtained from these systems into the planning
process;
(3) conducting public meetings of the board on at least a
quarterly basis at locations within the Minnesota river basin;
(4) conducting an ongoing information and education program
concerning the status of the Minnesota river, including an
annual conference on the state of the Minnesota river; and
(5) providing periodic reports and budget requests to the
governor's office and the chairs of the agriculture and
environment and natural resources committees of the senate and
the house of representatives regarding progress on meeting river
water quality management goals and future funding required for
this effort.
Subd. 2. [MEMBERSHIP.] Upon acceptance of the joint powers
agreement, each member county that agrees to join the board
shall have one county commissioner as its delegate to the board
and one county commissioner as an alternate. A technical and
citizen advisory committee shall be established to advise the
board consisting of a technical representative from each of the
counties in the basin and citizens who are not county employees
but who have an interest in agriculture, conservation, sporting
activities, and other relevant areas as determined by the board.
Sec. 44. Minnesota Statutes 1995 Supplement, section
103F.725, subdivision 1a, is amended to read:
Subd. 1a. [FINANCIAL ASSISTANCE; LOANS.] (a) Up to
$12,000,000 $24,000,000 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. 45. Minnesota Statutes 1994, section 103G.405, is
amended to read:
103G.405 [WATER LEVEL CONTROL FOR LANDLOCKED LAKES.]
(a) Except as provided in paragraph (c), the commissioner
must issue a water level control permit to establish a control
elevations elevation for a landlocked lakes up to three feet
lake below the ordinary high water level for the lake if:
(1) the commissioner finds that:
(i) the control is necessary to prevent flooding of
homesteads adverse impacts to the lake or adjoining property;
(2) (ii) other reasonable or cost-effective alternatives
are not available; and
(3) a change in the control elevation is prescribed in an
approved stormwater plan under section 103B.235.
(iii) natural resource or hydrologic conditions exist in
the watershed that would limit the potential for continuous
discharge of excess waters from the lake; and
(2) the outlet and discharge of excess waters is addressed
in an approved water management plan under chapter 103B or 103D.
(b) In addition to the requirements in section 103G.301,
subdivision 6, if the proposed control elevation is more than
1-1/2 feet below the ordinary high water level, the permit
applicant shall serve a copy of the application on each county
and municipality within which any portion of the lake is located
and the lake improvement district, if one exists.
(c) The commissioner may not issue a permit to establish a
control elevation more than 1-1/2 feet below the ordinary high
water level of a lake if a county, municipality, watershed
district, or lake improvement district required to be served
under paragraph (b) or section 103G.301, subdivision 6, files a
written objection to the issuance of the permit with the
commissioner within 30 days after receiving a copy of the
application.
Sec. 46. Minnesota Statutes 1994, section 161.1419,
subdivision 2, is amended to read:
Subd. 2. [MEMBERS.] The commission shall be composed of
ten members of which one shall be appointed by the commissioner
of transportation, one shall be appointed by the commissioner of
natural resources, one shall be appointed by the commissioner of
trade and economic development, three one shall be appointed by
the commissioner of agriculture, one shall be appointed by the
director of the Minnesota historical society, two shall be
members of the senate to be appointed by the committee on
committees, and three two shall be members of the house of
representatives to be appointed by the speaker. The tenth
member shall be the secretary appointed pursuant to subdivision
3. The members of the commission shall be selected immediately
after final enactment of this act and shall serve for a term
expiring at the close of the next regular session of the
legislature and until their successors are appointed. Successor
members shall be appointed at the close of each regular session
of the legislature by the same appointing authorities. Members
may be reappointed. Any vacancy shall be filled by the
appointing authority. The commissioner of transportation, the
commissioner of natural resources, and the director of the
Minnesota historical society shall be ex officio members, and
shall be in addition to the ten members heretofore provided
for. Immediately upon making the appointments to the commission
the appointing authorities shall so notify the Mississippi river
parkway commission, hereinafter called the national commission,
giving the names and addresses of the members so appointed.
Sec. 47. Minnesota Statutes 1995 Supplement, 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; provided that
no more than $2,000,000 $4,000,000 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;
(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. 48. Laws 1995, chapter 207, article 1, section 2,
subdivision 7, is amended to read:
Subd. 7. Community Mental Health
and State-Operated Services
General
254,604,000 260,379,000
The amounts that may be spent from this
appropriation for each purpose are as
follows:
(a) Mental Health Grants - Children
7,097,000 12,536,000
[MENTAL HEALTH COLLABORATIVE.] Mental
health grants available for children
formerly served under the TEFRA program
shall be distributed and administered
by a children's mental health
collaborative where a collaborative
exists.
(b) Mental Health Grants - Adults
38,222,000 40,918,000
(c) Residential Treatment
Center Facilities
194,921,000 192,265,000
(d) Developmental Disability
and Mentally Ill (DD and MI)
State-Operated Community Services (SOCS)
13,001,000 13,297,000
(e) Administration and Other Grants
1,363,000 1,363,000
[MENTAL HEALTH GRANTS.] (a) Mental
health grants appropriated for the
biennium as part of the TEFRA and PCA
restructuring proposal shall be
distributed to children's mental health
collaboratives, or where there is no
collaborative, to counties. Grants
shall be prorated by county based on
the estimated dollar value of services
for children and adults with a mental
health diagnosis that will be lost due
to the changes in Minnesota Statutes,
sections 256B.055, subdivision 12, and
256B.0627.
(b) The commissioner shall form a work
group to recommend a process for
awarding grants that will maximize
services purchased and minimize
administrative overhead. The task
force shall include representatives of
the state advisory council on mental
health and the children's subcommittee,
parents, consumers, advocacy groups,
providers, and local social service and
public health staff. The work group
shall consider whether the process for
awarding consumer support grants under
Minnesota Statutes, section 256.476,
can be utilized for awarding these
mental health grants. In addition, the
work group shall recommend ways to
minimize harm to children and families
and to reduce barriers to accessing
alternative services.
(c) For the first year of the biennium,
funds must be distributed by January 1,
1996, and for the second year, by July
1, 1996. None of this appropriation
shall be used for county
administration, but must be used to
fund direct services to persons found
ineligible for TEFRA or PCA services.
[MENTAL HEALTH CASE MANAGEMENT.]
Notwithstanding section 12 of this
article, this paragraph does not
expire. The reimbursement rate for
mental health case management services
provided by counties under Minnesota
Statutes, sections 245.4881 and
256B.0625, for children with severe
emotional disturbance is $45.
[CALCULATION OF FTE's.] When
calculating regional treatment center
full-time equivalent employees, the
commissioner of finance shall make a
separate calculation for physicians and
their salaries.
[RELOCATIONS FROM FARIBAULT.] Of this
appropriation, $162,000 in fiscal year
1996 and $37,000 in fiscal year 1997
are for grants to counties for
discharge planning related to persons
with mental retardation or related
conditions being relocated from the
Faribault regional center to community
services.
[TRANSFERS TO MOOSE LAKE.]
Notwithstanding Minnesota Statutes,
sections 253B.18, subdivisions 4 and 6,
and 253B.185, subdivision 2, with the
establishment of the Minnesota sexual
psychopathic personality treatment
center, the commissioner is authorized
to transfer any person committed as a
psychopathic personality, sexual
psychopathic personality, or sexually
dangerous person, between the Minnesota
security hospital and the facility at
Moose Lake.
[RTC CHEMICAL DEPENDENCY PROGRAMS.]
When the operations of the regional
treatment center chemical dependency
fund created in Minnesota Statutes,
section 246.18, subdivision 2, are
impeded by projected cash deficiencies
resulting from delays in the receipt of
grants, dedicated income, or other
similar receivables, and when the
deficiencies would be corrected within
the budget period involved, the
commissioner of finance may transfer
general fund cash reserves into this
account as necessary to meet cash
demands. The cash flow transfers must
be returned to the general fund in the
fiscal year that the transfer was
made. Any interest earned on general
fund cash flow transfers accrues to the
general fund and not the regional
treatment center chemical dependency
fund.
[RTC RESTRUCTURING.] For purposes of
restructuring the regional treatment
centers and state nursing homes, any
regional treatment center or state
nursing home employee whose position is
to be eliminated shall be afforded the
options provided in applicable
collective bargaining agreements. All
salary and mitigation allocations from
fiscal year 1996 shall be carried
forward into fiscal year 1997.
Provided there is no conflict with any
collective bargaining agreement, any
regional treatment center or state
nursing home position reduction must
only be accomplished through
mitigation, attrition, transfer, and
other measures as provided in state or
applicable collective bargaining
agreements and in Minnesota Statutes,
section 252.50, subdivision 11, and not
through layoff.
[RTC POPULATION.] If the resident
population at the regional treatment
centers is projected to be higher than
the estimates upon which the medical
assistance forecast and budget
recommendations for the 1996-97
biennium were based, the amount of the
medical assistance appropriation that
is attributable to the cost of services
that would have been provided as an
alternative to regional treatment
center services, including resources
for community placements and waivered
services for persons with mental
retardation and related conditions, is
transferred to the residential
facilities appropriation.
[INFRASTRUCTURE REINVESTMENT.] $750,000
is available from the public facilities
authority under Minnesota Statutes
446A.071 for grant funds to a local
unit of government for the planning and
development of infrastructure and
planning for redevelopment in response
to the memorandum of understanding for
the regional treatment centers.
Eligible costs include sewer, water,
and easements and engineering costs
associated with the project proposal.
[CAMP.] Of this appropriation, $30,000
is from the mental health special
projects account for adults and
children with mental illness from
across the state, for a camping program
which utilizes the Boundary Waters
Canoe Area and is cooperatively
sponsored by client advocacy, mental
health treatment, and outdoor
recreation agencies.
[IMD DOWNSIZING FLEXIBILITY.] If a
county presents a budget-neutral plan
for a net reduction in the number of
institution for mental disease (IMD)
beds funded under group residential
housing, the commissioner may transfer
the net savings from group residential
housing and general assistance medical
care to medical assistance and mental
health grants to provide appropriate
services in non-IMD settings.
[REPAIRS AND BETTERMENTS.] The
commissioner may transfer unencumbered
appropriation balances between fiscal
years for the state residential
facilities repairs and betterments
account and special equipment.
[PROJECT LABOR.] Wages for project
labor may be paid by the commissioner
of human services out of repairs and
betterments money if the individual is
to be engaged in a construction project
or a repair project of short term and
nonrecurring nature. Compensation for
project labor shall be based on the
prevailing wage rates, as defined in
Minnesota Statutes, section 177.42,
subdivision 6. Project laborers are
excluded from the provisions of
Minnesota Statutes, sections 43A.22 to
43A.30, and shall not be eligible for
state-paid insurance and benefits.
[PLAN FOR ADOLESCENT TREATMENT
EXPANSION.] The commissioner shall
report to the legislature by January
15, 1996, with a cost-neutral plan to
add up to 20 beds to each of the two
existing adolescent treatment
facilities at the regional treatment
centers in order to reduce or eliminate
out-of-state placement of adolescents
who have serious emotional disturbance
and exhibit violent behavior, if they
cannot be treated in their own
communities. Cost neutrality shall be
determined by comparing the costs of
program expansion with the projected
costs of out-of-state placements.
Sec. 49. Laws 1995, chapter 220, section 5, subdivision 3,
is amended to read:
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. This appropriation may
also be used to fund a comprehensive
analysis regarding the cause of
accelerated sedimentation in this
portion of the Mississippi river. This
appropriation remains available until
June 30, 1997.
Sec. 50. Laws 1995, chapter 220, section 19, subdivision
4, is amended to read:
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 The project under clause
(1) must be completed and final
products delivered by December 31,
1997, and the appropriation is
available until that date. The project
under clause (2) must be completed and
final products delivered by December
31, 1999, 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.
Sec. 51. Laws 1995, chapter 220, section 19, subdivision
6, is amended to read:
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 classroom and 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.
Sec. 52. Laws 1995, chapter 220, section 19, subdivision
10, is amended to read:
(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 for activities authorized 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.
Sec. 53. Laws 1995, chapter 220, section 19, subdivision
19, is amended to read:
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, when projects must be
completed and final products
delivered: 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, when projects must be
completed and final products
delivered: (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.
Sec. 54. Laws 1995, chapter 254, article 1, section 93, is
amended to read:
Sec. 93. [SPENDING LIMITATION ON CONTRACTS.]
(a) During the biennium ending June 30, 1997, the aggregate
amount spent by all departments or agencies defined in Minnesota
Statutes, section 15.91, subdivision 1, on professional or
technical service contracts may not exceed 95 percent of the
aggregate amount these departments or agencies spent on these
contracts during the biennium from July 1, 1993, to June 30,
1995. For purposes of this section, professional or technical
service contracts are as defined in Minnesota Statutes, section
16B.17, but do not include contracts for highway construction or
maintenance, contracts between state agencies, contracts paid
for from insurance trust funds, gift and deposit funds, capital
projects funds, or federal funds, contracts with private
collection agencies, contracts that are entered into in
connection with the agency's distribution of grant funds, or
contracts entered into under Minnesota Statutes, section
16B.35 or 115B.42, subdivision 2. The governor or a designated
official must limit or disapprove proposed contracts as
necessary to comply with this section.
(b) During the biennium ending June 30, 1997, the amount
spent by (1) the house of representatives; (2) the senate; and
(3) the legislative coordinating commission and all groups under
its jurisdiction, from direct-appropriated funds on professional
or technical service contracts may not exceed 95 percent of the
amount spent on these contracts from direct-appropriated funds
during the biennium from July 1, 1993, to June 30, 1995. Each
entity listed in clauses (1), (2), and (3) of this paragraph
must be treated separately for purposes of determining
compliance with this paragraph, except that the legislative
coordinating commission and all groups under its jurisdiction
must be treated as one unit. For purposes of this paragraph,
"professional or technical service contract" has the meaning
defined in section 16B.17, but does not include contracts for
actuarial services entered into by the legislative commission on
pensions and retirement, or contracts with other legislative or
state executive agencies. The house of representatives
committee on rules and legislative administration, the senate
committee on rules and administration, and the legislative
coordinating commission must each determine the amount of the
reduction to be made under this paragraph.
Sec. 55. [BRANDING ANIMALS; REPORT.]
By January 15, 1997, the board of animal health shall
report to the senate agriculture and rural development committee
and the house of representatives agriculture committee with
recommendations for changes in Minnesota Statutes, sections
35.821 to 35.831, relating to the branding of live animals. The
report must include specific recommendations on brand inspection
requirements and whether the state should allow registration of
brands that use technologies other than hot irons. In
developing the recommendations, the board shall gather public
input from buyers and sellers of live animals.
Sec. 56. [116.0717] [TACONITE DEPOSITION.]
Notwithstanding rules prohibiting discharge of waste into
saturated zones or rules governing variance procedures, the
pollution control agency may issue a permit for deposition of
fine tailings from taconite processing facilities into taconite
mine pits provided the proposer demonstrates through an
environmental impact statement and risk assessment that the
deposition will not pose an unreasonable risk of pollution or
degradation of groundwater.
Sec. 57. [EFFECTIVE DATES.]
(a) Except as provided in paragraph (b), this act is
effective the day following final enactment.
(b) Sections 12, 14, 25, 44, and 47 are effective July 1,
1996. Sections 36 and 38 are effective for 1997 state park
permits. Section 18 is effective April 1, 1997, and applies to
licenses issued for mobile food concession and retail mobile
units beginning with the April 1, 1997, to March 31, 1998,
period. License fees for the nine-month period July 1, 1996, to
March 31, 1997, for mobile food concession and retail mobile
units will be prorated at 75 percent of the fee schedule in
effect on July 1, 1996, rounded to the nearest dollar. Section
28 applies to farm bulk milk pick-up tankers beginning on July
1, 1996.
Presented to the governor March 29, 1996
Signed by the governor April 2, 1996, 2:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes