Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 401-S.F.No. 3353
An act relating to the organization and operation of
state government; appropriating money for
environmental, natural resource, and agricultural
purposes; providing for regulation of certain
activities and practices; amending Minnesota Statutes
1996, sections 3.737, subdivisions 1, 4, and by adding
a subdivision; 18C.141; 35.82, subdivision 2; 41A.09,
subdivision 1a; 84.871; 86B.101, subdivision 2;
86B.415, subdivision 1, and by adding a subdivision;
89A.03, subdivision 1; 90.193; 93.002, subdivision 1;
97A.037, subdivision 1; 97A.245; 103C.315, subdivision
4; 103F.155, subdivision 2; 103F.161, subdivision 2;
103G.271, subdivision 6; 115.076, subdivision 1;
116.07, by adding subdivisions; 308A.131, subdivision
1; 308A.705, subdivision 3; Minnesota Statutes 1997
Supplement, sections 17.101, subdivision 5; 41A.09,
subdivision 3a; 84.8205; 84.86, subdivision 1; 85.015,
subdivision 1c; 115.55, subdivision 5a; 116.07,
subdivision 7; 116.18, subdivision 3c; 169.1217,
subdivision 1; and 308A.705, subdivision 1; Laws 1997,
chapter 216, section 15, subdivision 8; proposing
coding for new law in Minnesota Statutes, chapters 17;
18C; and 84; repealing Minnesota Statutes 1997
Supplement, section 85.015, subdivision 1c; and Laws
1991, chapter 275, section 3.
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 in this act to be
available for the fiscal years indicated for each purpose. The
figures "1998" and "1999," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 1998, or June 30, 1999,
respectively.
SUMMARY BY FUND
1998 1999
General Fund $5,294,000 $12,498,000
Natural Resources Fund -0- 500,000
Total 5,294,000 12,998,000
APPROPRIATIONS
Available for the Year
Ending June 30
1998 1999
Sec. 2. POLLUTION CONTROL
AGENCY 180,000 1,210,000
$350,000 in fiscal year 1999 is added
to the appropriation for county feedlot
program grants in Laws 1997, chapter
216, section 2, subdivision 2. In
fiscal year 1999 delegated counties
shall be eligible to receive a grant of
either: $40 multiplied by the number
of livestock or poultry farms with
sales greater than $10,000, as reported
in the 1992 Census of Agriculture,
published by the United States Bureau
of Census; or $50 multiplied by the
number of feedlots with greater than
ten animal units, as determined by a
level 2 or level 3 feedlot inventory
conducted in accordance with the
Feedlot Inventory Guidebook published
by the board of water and soil
resources, dated June 1991.
$50,000 in fiscal year 1999 is for the
bioaccumulative residues research
program at the University of
Minnesota-Duluth to analyze fish
contaminants, including researching the
presence of selenium in fish samples.
As a condition of this grant, the
University of Minnesota-Duluth must
submit a work program and submit
semiannual progress reports as provided
in Minnesota Statutes, section 116P.05,
subdivision 2, paragraph (c). This is
a one-time appropriation.
$180,000 in fiscal year 1998 is for the
cost of administering the wastewater
infrastructure program. This
appropriation is available until June
30, 2002.
$50,000 in fiscal year 1999 is for a
scoping study for a cost-benefit model
to analyze the costs of water quality
standards. This is a one-time
appropriation.
$375,000 in fiscal year 1999 is for
acceleration of research being
conducted on deformities and possible
causes found in amphibians. The
funding must be shared with the
departments of agriculture, natural
resources, and health and with the
appropriate University of Minnesota
departments. $39,000 of the
appropriation must be shared with
Hamline University for its friends of
the frog program. The money must be
used for research and monitoring of
amphibian deformities, including, but
not limited to, a possible groundwater
surface water interconnection. The
money may be used as a match for any
federal dollars available. This is a
one-time appropriation.
$300,000 in fiscal year 1999 is for
expansion of permitting activities
under the federal Clean Water Act that
affect feedlots in excess of 1,000
animal units.
The availability of the appropriation
in Laws 1997, chapter 216, section 15,
subdivision 14, paragraph (c), to
monitor and research the effects of
endocrine disrupting chemicals in
surface waters is extended to June 30,
2000.
$85,000 in fiscal year 1999 is for a
grant to Benton county to pay the
principal amount due in fiscal year
1999 on bonds issued by the county to
pay part of a final order or settlement
of a lawsuit for environmental response
costs at a mixed municipal solid waste
facility. This money and any future
money appropriated for this purpose
must be apportioned by Benton county
among the local units of government
that were parties to the final order or
settlement in the same proportion that
the local units of government agreed to
as their share of the liability. This
is a one-time appropriation.
Sec. 3. ZOOLOGICAL BOARD 1,500,000 -0-
$1,500,000 is for zoo operations. This
is a one-time supplemental
appropriation. By September 1, 1998,
the board shall report to the governor,
the chair of the senate environment and
agriculture budget division, and the
chair of the house environment, natural
resources and agriculture finance
committee on recommendations to
internally manage the effects of
lowered attendance projections and
methods for improving attendance
forecasting.
Sec. 4. NATURAL RESOURCES 2,974,000 7,717,000
Summary by Fund
General Fund 2,974,000 7,267,000
Natural Resources Fund -0- 450,000
$1,504,000 in fiscal year 1999 is for
flood-related activities in the
division of waters. $200,000 of this
appropriation is for alternative flood
control measures beneficial to the
environment, such as culvert downsizing
on man-made waterways and wetland
restoration. $10,000 of this
appropriation is for a grant to the
Marine-on-St. Croix watershed
management organization for engineering
analysis of flooding problems along
Twin lake. Notwithstanding Minnesota
Statutes, section 103F.161, subdivision
2, paragraph (c), this appropriation
may be combined with a flood hazard
mitigation grant previously awarded to
the watershed management organization.
$75,000 of this appropriation is for a
grant under Minnesota Statutes, section
103F.161, to Swift county for
improvements at Lake Oliver. $30,000
of this appropriation is for a grant
under Minnesota Statutes, section
103F.161, to the Chisago Lake
improvement district for improvements
to the outlet project. The portion of
this appropriation to be included in
the department's base is $1,189,000 for
each fiscal year.
$150,000 in fiscal year 1999 is for
transfer to the Minnesota forest
resources council for implementation of
the Sustainable Forest Resources Act
pursuant to Minnesota Statutes, chapter
89A. This a one-time appropriation.
$476,000 in fiscal year 1998 is for
sealing inactive wells on state-owned
land. The commissioner shall determine
project priorities as appropriate based
upon need. This appropriation is
available until June 30, 2002.
$430,000 in fiscal year 1999 is for
operations at Fort Snelling park and
for statewide resource protection. The
portion of this appropriation to be
included in the department's base is
$200,000 in each fiscal year.
$250,000 in fiscal year 1999 is for
population and habitat objectives of
the nongame wildlife management program.
$180,000 in fiscal year 1998 and
$120,000 in fiscal year 1999 are for
increased public involvement in white
pine management planning and to
accelerate white pine management on
state forest lands. Any amount of this
appropriation not used in fiscal year
1998 is available in fiscal year 1999.
$370,000 in fiscal year 1998 and
$230,000 in fiscal year 1999 are for
improvement of camper safety and
security in state forest campgrounds
and to make repairs to selected state
forest campgrounds.
$450,000 in fiscal year 1999 is from
the water recreation account in the
natural resources fund for enforcement
of personal watercraft laws. At least
one-half of the conservation officers
hired pursuant to this item must be
from the protected classes. $225,000
of this appropriation is for grants to
counties where there is significant use
of personal watercraft on waters in and
bordering the counties. The grants
must be used for personal watercraft
safety education and law enforcement,
pursuant to Minnesota Statutes, section
86B.415, subdivision 7a.
$250,000 in fiscal year 1999 is for
operational costs related to wildlife
management at the area level.
$470,000 in fiscal year 1998 and
$250,000 in fiscal year 1999 are for
the interpretation, management, and
monitoring of scientific and natural
areas.
$340,000 in fiscal year 1999 is for
technical assistance and grants to
assist local government units and
organizations in the metropolitan area
to acquire and develop natural areas
and greenways.
$300,000 in fiscal year 1999 is for
state trail maintenance and amenities.
$250,000 in fiscal year 1999 is for a
grant to the city of North St. Paul for
improvements including trail
connections, lighting, and landscaping
related to the trail bridge over
Highway 36 in North St. Paul. This is
a one-time appropriation.
$500,000 in fiscal year 1999 is for
further work to develop protected water
flow recommendations on Minnesota
streams and for support of river
restoration expertise and its
application to the Whitewater river and
Sandy river. $300,000 of this amount
is a one-time appropriation for stream
protection on Brown's creek in
Washington county.
$53,000 in fiscal year 1999 is for
minerals cooperative environmental
research. $26,500 is available only as
matched by $1 of nonstate money for
each $1 of state money. This
appropriation is added to the
appropriation in Laws 1997, chapter
216, section 5, subdivision 2.
$75,000 in fiscal year 1998 is to
repair state forest land in Morrison,
Mille Lacs, Kanabec, and Crow Wing
counties.
$100,000 in fiscal year 1998 is for
development and maintenance of habitat
and facilities, and data management
system development at Swan lake
wildlife management area.
$1,175,000 in fiscal year 1999 is for
wildlife habitat improvement, wildlife
population surveys, monitoring, private
lands cost-sharing for wildlife habitat
and forest stewardship, and project
grants to local governments and private
organizations to enhance fish,
wildlife, and native plant habitats.
Of this amount, $375,000 is for brush
land and forest habitat renewal for
sharp-tailed grouse and other species
of birds dependent on open brush lands
in forest areas by providing financial
and technical assistance to landowners
as well as brush land renewal on public
lands; $300,000 is for wildlife habitat
improvements through cost-sharing and
technical assistance to private
landowners; $300,000 is for forest
stewardship improvements through
cost-sharing and technical assistance
to private landowners; and $200,000 is
for wildlife population surveys,
monitoring, evaluation, and constituent
surveys. The portion of this
appropriation to be included in the
department's base is $1,075,000 in each
fiscal year. The base amounts for each
specific item are $325,000, $275,000,
$275,000, and $200,000, respectively.
$100,000 in fiscal year 1998 is for
engineering and hydraulic studies in
conjunction with the proposed
development of an urban whitewater
trail along the Mississippi river in
the lower St. Anthony Falls area below
the stone arch bridge in Minneapolis
and to examine the economic impact,
market use potential, public safety
concerns, environmental considerations,
and land and water use impacts of the
proposed Mississippi Whitewater trail.
The commissioner must coordinate and
work with affected local, state, and
federal governments and interested
citizen groups, including, but not
limited to, the National Park Service,
the United States Army Corps of
Engineers, the University of Minnesota,
the Minnesota historical society, the
metropolitan parks and open space
commission, the Minneapolis park board,
and the Mississippi Whitewater Park
Development Corporation. The
commissioner must report to the senate
environment and agriculture budget
division and the house environment,
natural resources, and agriculture
finance committee by November 1, 1999,
on the findings from the studies
required under this item. This
appropriation is available until June
30, 1999.
$100,000 in fiscal year 1998 is for a
grant to the township of Linwood in
Anoka county to construct a surface
water drainage system to control water
pollution. This appropriation is
available until expended. Expenses
incurred by Linwood township related to
the proposed project, prior to this
appropriation, may be considered as
part of the total project cost for
purposes of satisfying the requirements
of Minnesota Statutes, section
103F.161, subdivision 2, paragraph
(c).* (The preceding text beginning
"$100,000 in fiscal year 1998 is for a grant to the township of
Linwood" was
vetoed by the governor.)
$200,000 in fiscal year 1998 is added
to the appropriation in Laws 1997,
chapter 216, section 15, subdivision 4,
paragraph (c), clause (4), for the
statewide conservation partners program.
$215,000 in fiscal year 1998 and
$250,000 in fiscal year 1999 are to
enhance customer service and data
access through the collaborative use of
technology, to improve communication
with citizens and stakeholders, to
provide technical assistance and data
delivery to citizens and local
government, and for the Minnesota
Environmental/Natural Resource
Electronic Library (MENREL) to
accelerate the development of
integrated and indexed environmental
and geographic data catalogs,
cross-agency search and retrieval, and
content-rich libraries of environmental
data and information.
$350,000 in fiscal year 1998 is to
serve as the state match to federal
money to remove surplus sediment along
the east bank of the Mississippi river
at Little Falls. The commissioner must
coordinate and work with the United
States Army Corps of Engineers on this
project. This appropriation is
available until expended.
$203,000 in fiscal year 1998 is for a
forestry information management system
to improve the timber sale program,
forest development model, and fire
management.
$35,000 in fiscal year 1998 and
$115,000 in fiscal year 1999 are for
expansion of the "Becoming an Outdoors
Woman Program," and for a position to
coordinate shooting range development
on a statewide basis. Of this amount,
$35,000 in fiscal year 1998 is
available until June 30, 1999, to match
an equal amount of nonstate money for
shooting range partnership agreements
and is a one-time appropriation.
$50,000 in fiscal year 1998 is for
ecosystem-based management workshops
for teams of local officials, natural
resource managers, and citizens.
$200,000 in fiscal year 1999 is for
aquatic plant restoration.
$125,000 in fiscal year 1999 is for
local initiatives grants program
administration.
$150,000 in fiscal year 1999 is for
long-term monitoring of lake ecosystems.
The appropriations in Laws 1996,
chapter 407, section 3, for the Iron
Range off-highway vehicle recreation
area are available until June 30, 2000.
$100,000 in fiscal year 1999 is for an
enhanced lake classification system to
provide comprehensive lake
descriptions. This appropriation is
added to the base in fiscal year 2000
only.
$200,000 in fiscal year 1999 is to
identify lake watershed boundaries for
lakes greater than 100 acres in a
geographic information system format.
This appropriation is added to the base
in fiscal year 2000 only.
$150,000 in fiscal year 1999 is to
develop methodologies to assess the
cumulative effects of development on
lakes. This appropriation is added to
the base in fiscal year 2000 only.
$100,000 in fiscal year 1999 is for a
grant to the Upper Swede Hollow
Association for improvements in and
around Swede Hollow Park. The
appropriation must be used for
plantings, improvements to railway
trestles, trail repair, reconstruction
of the pond outlet, and other trail
improvements. This is a one-time
appropriation.
$50,000 in fiscal year 1998 and $50,000
in fiscal year 1999 are for an
agreement with the University of
Minnesota College of Architecture and
Landscape Architecture to develop
environmental brownfields mitigation
strategies. This is a one-time
appropriation.
The appropriation in Laws 1997, chapter
216, section 5, subdivision 4, for
grants to local community forest
ecosystem health programs is available
until June 30, 2000.
$25,000 in fiscal year 1999 is for
promotion and enhanced public awareness
of the RIM critical habitat license
plate program.
Sec. 5. BOARD OF WATER AND
SOIL RESOURCES 300,000 1,100,000
$200,000 in fiscal year 1998 is for a
grant to the Faribault county soil and
water conservation district for the
quad-lakes restoration project in
Faribault and Blue Earth counties and
is available until expended.
$1,000,000 in fiscal year 1999 is for
grants to soil and water conservation
districts for cost-sharing contracts
for water quality management on
feedlots. Priority must be given to
feedlot operators who have received a
notice of violation and for feedlots in
counties that are conducting or have
completed a level 2 or level 3 feedlot
inventory.
$100,000 in fiscal year 1998 is for a
grant to the University of Minnesota
extension service to improve existing
Minnesota extension shoreland guidance
and other related guidebooks. This is
a one-time appropriation, available
until expended.
$100,000 in fiscal year 1999 is for a
pilot grant program to soil and water
conservation districts for cost-sharing
contracts with landowners to establish
and maintain plantings of trees,
shrubs, and grass strips that are
native species of a local ecotype for
the primary purpose of controlling snow
deposition for the benefit of public
transportation. The board, in
consultation with the Minnesota
Association of Soil and Water
Conservation Districts, shall select at
least five districts for participation
in the pilot program. Up to 20 percent
of the appropriation may be used for
the technical and administrative
expenses of soil and water conservation
districts to implement this item. The
board shall enter into grant agreements
to accomplish the transfer of funds to
soil and water conservation districts
and to establish guidelines to
implement this item. Cost-sharing
contracts between soil and water
conservation districts and landowners
may provide for annual payments to
landowners for maintenance. This
appropriation is available until spent.
Sec. 6. AGRICULTURE 310,000 2,169,000
$110,000 in fiscal year 1998 and
$250,000 in fiscal year 1999 are for
expansion of efforts to prevent the
establishment and spread of gypsy moths
in Minnesota.
$25,000 in fiscal year 1998 and
$325,000 in fiscal year 1999 are for a
state meat inspection program.
$75,000 in fiscal year 1999 is for
additional matching funds for the WIC
coupon program.
$25,000 in fiscal year 1999 is for
additional livestock depredation
payments pursuant to Minnesota
Statutes, section 3.737.
$50,000 in fiscal year 1999 is added to
the appropriation in Laws 1997, chapter
216, section 7, subdivision 4, for
beaver damage control grants. This is
a one-time appropriation.
Any unencumbered balance from the
appropriation in Laws 1997, chapter
216, section 7, subdivision 4, for
beaver damage control grants for the
first year of the biennium is available
for the second year of the biennium.
$100,000 in fiscal year 1998 is added
to the appropriation in Laws 1997,
chapter 216, section 7, subdivision 4,
to accomplish reform of the federal
milk market order system and for legal
actions opposing the Northeast Dairy
Compact. This appropriation is
available until June 30, 1999.
$500,000 in fiscal year 1999 is added
to the appropriation for dairy
diagnostic teams in Laws 1997, chapter
216, section 7, subdivision 2, and is
added to the department's base.
$267,000 in fiscal year 1999 is for a
pilot program to expand the concept of
the Minnesota grown program. The
program is to assist low-income
families in accessing nutritious and
affordable food and to promote economic
development by creating new markets and
food distribution systems. $17,000 of
this appropriation is for costs of
administration. $87,000 of this
appropriation is for payment to the
Sustainable Resources Center for the
purposes of this appropriation.
$163,000 of this appropriation is for
food coupons. The coupons shall be
distributed and administered according
to this section, subject to the
approval of the commissioner of
agriculture. The portion of this
appropriation to be included in the
department's base for fiscal year 2001
is $200,000, which may only be used for
food coupons.
The Sustainable Resources Center, in
conjunction with the Minnesota Food
Association, and subject to the
approval of the commissioner of
agriculture, shall select up to two
urban and up to two rural communities
as locations for activities that will
serve as models for sustainable
community food systems. These
activities shall include but are not
limited to:
(1) conducting food system assessments
in each community to identify assets
and needs;
(2) supporting the creation of producer
distribution networks to establish
direct links to low-income consumers;
and
(3) working with food processing plants
in the selected community to develop
the support services needed to make
entry-level jobs accessible to
low-income people.
During each fiscal year beginning in
fiscal year 1999, the commissioner of
agriculture, within the funds
available, shall provide coupons to the
Sustainable Resources Center for
distribution to participating eligible
individuals. The coupons must be
issued in two allocations each fiscal
year. Eligible individuals may receive
up to $100 in coupons per year, subject
to the limitation that additional
eligible individuals who reside in the
same household may receive up to $20 in
coupons per year, up to a maximum of
$200 per household per year. Eligible
individuals include individuals who are
residents of the communities in the
pilot project and are eligible for the
Minnesota grown coupons under this
section. Eligible individuals include:
(1) individuals who are in a
state-verified income program; and
(2) individuals who are selected by the
Sustainable Resources Center based on
guidelines targeting specific
populations within the pilot
communities.
The amount of the Minnesota grown
coupons must be excluded as income
under the AFDC, refugee cash
assistance, general assistance, MFIP,
MFIP-R, MFIP-S, food stamp programs,
state housing subsidy programs,
low-income energy assistance programs,
and other programs that do not count
food stamps as income.
The coupons must be clearly labeled as
redeemable only for products licensed
to use the Minnesota grown logo or
labeling statement under Minnesota
Statutes, section 17.102. Coupons may
be redeemed by farmers, custom meat
processors, community-supported
agriculture farms, and other entities
approved by the commissioner of
agriculture. The person accepting the
coupon is responsible for its
redemption only on products licensed to
use the Minnesota grown logo or
labeling statement. The commissioner
must receive and reimburse all valid
coupons redeemed pursuant to this
section.
The commissioner may establish criteria
for vendor eligibility and may enforce
the Minnesota grown coupon program
according to Minnesota Statutes,
sections 17.982 to 17.984.
$160,000 in fiscal year 1999 is for
value-added agricultural product
processing and marketing grants under
Minnesota Statutes, section 17.101,
subdivision 5. This appropriation and
the appropriation in Laws 1997, chapter
216, section 7, subdivision 3, for
grants under Minnesota Statutes,
section 17.101, subdivision 5, are
available until June 30, 2001.
$125,000 in fiscal year 1999 is for a
grant to the Market Champ, Inc. board.
This is a one-time appropriation.* (The
preceding text beginning "$125,000 in
fiscal year 1999" was vetoed by the
governor.)
$25,000 in fiscal year 1999 is for the
Passing on the Farm Center established
in Minnesota Statutes, section 17.985.
This is a one-time appropriation.
$200,000 in fiscal year 1999 is to
expand the shared savings loan program
under Minnesota Statutes, section
17.115, to include a program of
revolving loans for demonstration
projects of farm manure digester
technology. Notwithstanding the
limitations of Minnesota Statutes,
section 17.115, subdivision 2,
paragraphs (b) and (c), loans under
this program are no-interest loans in
principal amounts not to exceed
$200,000 and may be made to any
resident of this state. Loans for one
or more projects must be made only
after the commissioner seeks
applications. Loans under this program
may be used as a match for federal
loans or grants. Money repaid from
loans must be returned to the revolving
fund for future projects. This is a
one-time appropriation.
$50,000 in fiscal year 1998 is for a
grant to the University of Minnesota
for investigation, screening, and a
survey of existing research into the
design and development of low-cost
alternatives to pasteurization that
provide comparable bacteria count
reduction in fruit juice. The
commissioner must report to the chair
of the house environment, natural
resources, and agriculture finance
committee and the chair of the senate
environment and agriculture budget
division by January 15, 1999, regarding
the results of the research and with a
recommendation for further action.
$25,000 in fiscal year 1998 is for a
grant to the University of Minnesota to
study factors associated with farms
that experience varying levels of
livestock depredation caused by timber
wolves. The university shall make
recommendations to the commissioner to
assist in the development of best
management practices to prevent timber
wolf depredation on livestock farms.
This appropriation is available until
June 30, 1999.
$60,000 in fiscal year 1999 is for
payment of attorney general and other
costs of assisting local government
units in the process of adoption,
review, or modification of ordinances
relating to animal feedlots. This
appropriation is available until June
30, 1999.* (The preceding text
beginning "$60,000 in fiscal year 1999"
was vetoed by the governor.)
$107,000 in fiscal year 1999 is for
development of the program under
Minnesota Statutes, section 18C.430.
This is a one-time appropriation.
As a condition of receiving state
funds, the ethanol production plant in
St. Paul must provide year-round public
access to the well that was publicly
accessible when the plant was a brewery.
Sec. 7. UNIVERSITY
OF MINNESOTA -0- 292,000
For alternative and sustainable hog
production facilities and programs.
$125,000 of this appropriation is for a
grant to the Minnesota Institute for
Sustainable Agriculture to extend
funding for the Alternative Swine
Production Systems Task Force and
coordinator. $30,000 of this
appropriation is for a grant to the
Minnesota Institute for Sustainable
Agriculture for alternative and
sustainable hog production programs and
program support, including on-farm
systems research. $137,000 of this
appropriation is to establish a faculty
position in agricultural and community
sociology at the University of
Minnesota-Morris, focusing on the
sustainability of agricultural systems
and rural communities. The position
shall be defined by the Alternative
Swine Production Systems Task Force.
This is a one-time appropriation.
Sec. 8. BOARD OF ANIMAL HEALTH 30,000 160,000
$30,000 in fiscal year 1998 and
$160,000 in fiscal year 1999 is for
expansion of the program for the
control of paratuberculosis ("Johne's
disease") in domestic bovine herds.
These appropriations are in addition to
the appropriations for the same
purposes in Laws 1997, chapter 216,
section 8.
Sec. 9. ADMINISTRATION -0- 350,000
Summary by Fund
General Fund -0- 300,000
Natural Resources Fund -0- 50,000
$50,000 is from the water recreation
account in the natural resources fund
for a study by a qualified consultant
to determine the actual percentage of
all gasoline received in and produced
or brought into the state, except
gasoline used for aviation purposes,
that is being used as fuel for
watercraft in this state. The study
must include a determination of the
amount of gasoline consumed by vehicles
in the course of transporting
watercraft on the highways of this
state. The commissioner shall consult
with the commissioners of revenue,
transportation, and natural resources
in preparing the request for proposals
for the study and in selecting the
consultant to perform the study. The
commissioner shall report to the chairs
of the senate and house environment and
natural resources committees, the
senate environment and agriculture
budget division, the house environment,
natural resources, and agriculture
finance committee, the senate
transportation committee, and the house
transportation and transit committee on
the results of the study by February 1,
1999. This is a one-time appropriation.
$300,000 is for modifications of
department of natural resources
business systems to address year 2000
changes. This appropriation is added
to the appropriation for technology
management in Laws 1997, chapter 202,
article 1, section 12, subdivision 7.
This is a one-time appropriation.
Sec. 10. ETHANOL DEVELOPMENT
FUND TRANSFER
As cash flow in the ethanol development
fund under Minnesota Statutes, section
41B.044, permits, but no later than
June 30, 1999, the commissioner of
finance, in consultation with the
commissioner of agriculture, shall
transfer $400,000 from the unencumbered
balance in the fund to the general
fund. This transfer is in addition to
the transfer required by Laws 1997,
chapter 216, section 17.
Sec. 11. Minnesota Statutes 1996, section 3.737,
subdivision 1, is amended to read:
Subdivision 1. [COMPENSATION REQUIRED.] (a)
Notwithstanding section 3.736, subdivision 3, paragraph (e), or
any other law, a livestock owner shall be compensated by the
commissioner of agriculture for livestock that is destroyed by a
timber wolf or is so crippled so by a timber wolf that it must
be destroyed by an animal classified as endangered under the
federal Endangered Species Act of 1973. The owner is entitled
to the fair market value of the destroyed livestock, not to
exceed $400 $750 per animal destroyed, as determined by the
commissioner, upon recommendation of the county a university
extension agent for the owner's county and a conservation
officer.
(b) Either the agent or the conservation officer must make
a personal inspection of the site. The agent or the
conservation officer must take into account factors in addition
to a visual identification of a carcass when making a
recommendation to the commissioner. The commissioner, upon
recommendation of the agent and conservation officer, shall
determine whether the livestock was destroyed by an animal
described in this subdivision a timber wolf and any deficiencies
in the owner's adoption of the best management practices
developed in subdivision 5. The commissioner may authorize
payment of claims only if the agent and the conservation officer
have recommended payment. The owner shall file a claim on forms
provided by the commissioner and available at the county
university extension agent's office.
Sec. 12. Minnesota Statutes 1996, section 3.737,
subdivision 4, is amended to read:
Subd. 4. [PAYMENT, DENIAL OF COMPENSATION.] (a) If the
commissioner finds that the livestock owner has shown that the
loss of the livestock was likely caused more probably than not
by an animal classified as an endangered species a timber wolf,
the commissioner shall pay compensation as provided in this
section and in the rules of the department.
(b) For a timber wolf depredation claim submitted by a
livestock owner after September 1, 1999, the commissioner shall,
based on the report from the university extension agent and
conservation officer, evaluate the claim for conformance with
the best management practices developed by the commissioner in
subdivision 5. The commissioner must provide to the livestock
owner an itemized list of any deficiencies in the livestock
owner's adoption of best management practices that were noted in
the university extension agent's or conservation officer's
report.
(c) If the commissioner denies compensation claimed by an
owner under this section, the commissioner shall issue a written
decision based upon the available evidence. It shall include
specification of the facts upon which the decision is based and
the conclusions on the material issues of the claim. A copy of
the decision shall be mailed to the owner.
(d) A decision to deny compensation claimed under this
section is not subject to the contested case review procedures
of chapter 14, but may be reviewed upon a trial de novo in a
court in the county where the loss occurred. The decision of
the court may be appealed as in other civil cases. Review in
court may be obtained by filing a petition for review with the
administrator of the court within 60 days following receipt of a
decision under this section. Upon the filing of a petition, the
administrator shall mail a copy to the commissioner and set a
time for hearing within 90 days of the filing.
Sec. 13. Minnesota Statutes 1996, section 3.737, is
amended by adding a subdivision to read:
Subd. 5. [TIMBER WOLF BEST MANAGEMENT PRACTICES.] By
September 1, 1999, the commissioner must develop best management
practices to prevent timber wolf depredation on livestock
farms. The commissioner shall periodically update the best
management practices when new practices are found by the
commissioner to prevent timber wolf depredation on livestock
farms. The commissioner must provide an updated copy of the
best management practices for timber wolf depredation to all
livestock owners who are still engaged in livestock farming and
have previously submitted livestock claims under this section.
Sec. 14. Minnesota Statutes 1997 Supplement, section
17.101, subdivision 5, is amended to read:
Subd. 5. [VALUE-ADDED AGRICULTURAL LIVESTOCK PRODUCT
PROCESSING AND MARKETING GRANT PROGRAM.] (a) For purposes of
this section,:
(1) "livestock or dairy agricultural commodity" means a
material produced for use in or as food, feed, seed, or fiber
and includes crops for fiber, food, oilseeds, seeds, livestock,
livestock products, dairy, dairy products, poultry, poultry
products, and other products or by-products of the farm produced
for the same or similar use, except ethanol; and
(2) "agricultural product processing facility" means land,
buildings, structures, fixtures, and improvements located or to
be located in Minnesota and used or operated primarily for the
processing or production of marketable products from
agricultural livestock or dairy commodities produced in
Minnesota.
(b) The commissioner shall establish and implement a
value-added agricultural livestock and dairy product processing
and marketing grant program to help farmers finance new
cooperatives that organize for the purposes of
operating livestock and dairy agricultural product processing
facilities and for marketing activities related to the sale and
distribution of processed livestock and dairy agricultural
products.
(c) To be eligible for this program a grantee must:
(1) be a cooperative organized under chapter 308A;
(2) certify that all of the control and equity in the
cooperative is from farmers as defined in section 500.24,
subdivision 2, who are actively engaged in livestock or dairy
agricultural commodity production;
(3) be operated primarily for the processing of livestock
or dairy agricultural commodities produced in Minnesota;
(4) receive livestock or dairy agricultural commodities
produced primarily by shareholders or members of the
cooperative; and
(5) have no direct or indirect involvement in the
production of livestock and dairy agricultural commodities.
(d) The commissioner may receive applications from and make
grants up to $50,000 for feasibility, marketing analysis, and
predesign of facilities to eligible cooperatives. The
commissioner shall give priority to applicants who use the
grants for planning costs related to an application for
financial assistance from the United States Department of
Agriculture, Rural Business - Cooperative Service.
Sec. 15. [17.987] [MARKET CHAMP, INC; ACCESS TO QUALITY
GENETICS BY FAMILY FARMERS.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] Market Champ,
Inc. is established as a nonprofit public corporation under
chapter 317A and is subject to the provisions of that chapter.
The corporation is neither a state agency nor an entity within
the University of Minnesota. The purpose of the corporation is
to transfer high quality swine genetic material from the
University of Minnesota to the family farmers of the state in
order to enhance the state's economic growth and the
competitiveness of family farmers. Market Champ, Inc. shall
assist Minnesota swine producers in understanding genetic
technologies and developing improved animal genetic lines.
Subd. 2. [DUTIES.] Market Champ, Inc. shall:
(1) encourage family farmers to use the highest quality
swine genetics;
(2) facilitate the transfer of the latest swine genetic
research and technology information and materials from the
University of Minnesota and other sources to family farmers;
(3) assist family farmers to market the swine they produce;
(4) develop a system for tracking family farmers' products
through the processing, meat packing, and marketing system to
determine the market value of the genetic technology;
(5) provide genetic testing, counseling, and assistance in
genetic decisions to identify new market developments and
capture value-added opportunities;
(6) provide centralized testing services with regional
technology transfer specialists;
(7) secure access to new genetic tests and services for all
Minnesota producers through licensing agreements; and
(8) assist family farmers who do not otherwise have access
to high quality genetic technologies.
Subd. 3. [BOARD OF DIRECTORS.] (a) Market Champ, Inc.
shall be governed by a board of directors consisting of 11
voting members, appointed by the governor.
(b) The members of the board shall be:
(1) two representatives of small family farmers with under
250 sows;
(2) one representative of purebred swine producers;
(3) one member of the Minnesota Pork Producers Association;
(4) one representative of the pork industry;
(5) one member of the meat packing industry;
(6) one member representing the University of Minnesota;
(7) one member representing Minnesota state colleges and
universities;
(8) the commissioner of agriculture;
(9) the chair of the senate committee on agriculture and
rural development, or the chair's designee; and
(10) the chair of the house committee on agriculture, or
the chair's designee.
Members listed in clauses (1) to (5) must be recommended by the
president of the University of Minnesota or a designee of the
president, in consultation with the chairs of the senate and
house of representatives committees with jurisdiction over
agricultural policy and finance issues.
(c) Meetings of the board are subject to section 471.705.
(d) Members of the board shall be compensated and
reimbursed in the same manner as members of advisory councils
under section 15.059, subdivision 3.
Subd. 4. [BYLAWS.] Bylaws of Market Champ, Inc. must
provide for the qualification and removal of directors and for
filling vacancies on the board in a manner not inconsistent with
this section.
Subd. 5. [ARTICLES OF INCORPORATION.] The articles of
incorporation of Market Champ, Inc. must be filed with the
secretary of state under chapter 317A and must be consistent
with this section.
Subd. 6. [AUDIT.] Market Champ, Inc. shall contract with
the legislative auditor to perform audits and must report the
results to the legislature.
Subd. 7. [REPORT.] The board of directors of Market Champ,
Inc. shall submit an annual report on the activities of Market
Champ, Inc. by January 15 of each year to the appropriations,
finance, and agriculture committees of the legislature and to
the governor. The report must include a description of the
corporation's activities for the past year, a list of all
contracts entered into by the corporation, and a financial
report of revenues and expenditures of the corporation.
Subd. 8. [EXPIRATION.] The board of directors of Market
Champ, Inc. expires on June 30, 2003.
Sec. 16. Minnesota Statutes 1996, section 18C.141, is
amended to read:
18C.141 [SOIL AND MANURE TESTING LABORATORY CERTIFICATION.]
Subdivision 1. [PROGRAM ESTABLISHMENT.] The commissioner
shall establish a program to certify the accuracy of analyses
from soil and manure testing laboratories and promote
standardization of soil and manure testing procedures and
analytical results.
Subd. 2. [CHECK SAMPLE SYSTEM.] (a) The commissioner shall
institute a system of check samples that requires a laboratory
to be certified to analyze at least four two multiple soil or
manure check samples during the calendar year. The samples must
be supplied by the commissioner or by a person under contract
with the commissioner to prepare and distribute the samples.
(b) Within 30 days after the laboratory receives check
samples, the laboratory shall report to the commissioner the
results of the analyses for all requested elements or compounds
or for the elements or compounds the laboratory makes an
analytical determination of as a service to others.
(c) The commissioner shall compile analytical data
submitted by laboratories and provide laboratories submitting
samples with a copy of the data without laboratory names or code
numbers.
(d) The commissioner may conduct check samples on
laboratories that are not certified.
Subd. 3. [ANALYSES REPORTING STANDARDS.] (a) The results
obtained from soil, manure, or plant analysis must be reported
in accordance with standard reporting units established by the
commissioner by rule. The standard reporting units must conform
as far as practical to uniform standards that are adopted on a
regional or national basis.
(b) If a certified laboratory offers a recommendation, the
University of Minnesota recommendation or that of another land
grant college in a contiguous state must be offered in addition
to other recommendations, and the source of the recommendation
must be identified on the recommendation form. If relative
levels such as low, medium, or high are presented to classify
the analytical results, the corresponding relative levels based
on the analysis as designated by the University of Minnesota or
the land grant college in a contiguous state must also be
presented.
Subd. 4. [REVOCATION OF CERTIFICATION.] If the
commissioner determines that analysis being performed by a
laboratory is inaccurate as evidenced by check sample results,
the commissioner may deny, suspend, or revoke certification.
Subd. 5. [CERTIFICATION FEES.] (a) A laboratory applying
for certification shall pay an application fee of $100 and a
certification fee of $100 before the certification is issued.
(b) Certification is valid for one year and the renewal fee
is $100. The commissioner shall charge an additional
application fee of $100 if a certified laboratory allows
certification to lapse before applying for renewed certification.
(c) The commissioner shall notify a certified lab that its
certification lapses within 30 to 60 days of the date when the
certification lapses.
Subd. 6. [RULES.] The commissioner shall adopt rules for
the establishment of minimum standards for laboratories,
equipment, procedures, and personnel used in soil and manure
analysis and rules necessary to administer and enforce this
section. The commissioner shall consult with representatives of
the fertilizer industry, representatives of the laboratories
doing business in this state, and with the University of
Minnesota college of agriculture before proposing rules.
Sec. 17. [18C.430] [COMMERCIAL ANIMAL WASTE TECHNICIAN.]
Subdivision 1. [REQUIREMENT.] (a) Except as provided in
paragraph (c), after March 1, 2000, a person may not manage or
apply animal wastes for hire without a valid commercial animal
waste technician license. This section does not apply to a
person managing or applying animal waste on land managed by the
person's employer.
(b) A person managing or applying animal wastes for hire
must have a valid license identification card when managing or
applying animal wastes for hire and must display it upon demand
by an authorized representative of the commissioner or a law
enforcement officer. The commissioner shall prescribe the
information required on the license identification card.
(c) A person who is not a licensed commercial animal waste
technician who has had at least two hours of training or
experience in animal waste management may manage or apply animal
waste for hire under the supervision of a commercial animal
waste technician.
Subd. 2. [RESPONSIBILITY.] A person required to be
licensed under this section who performs animal waste management
or application for hire or who employs a person to perform
animal waste management or application for compensation is
responsible for proper management or application of the animal
wastes.
Subd. 3. [LICENSE.] A commercial animal waste technician
license:
(1) is valid for three years and expires on December 31 of
the third year for which it is issued, unless suspended or
revoked before that date;
(2) is not transferable to another person; and
(3) must be prominently displayed to the public in the
commercial animal waste technician's place of business.
Subd. 4. [APPLICATION.] (a) A person must apply to the
commissioner for a commercial animal waste technician license on
forms and in the manner required by the commissioner and must
include the application fee. The commissioner shall prescribe
and administer an examination or equivalent measure to determine
if the applicant is eligible for the commercial animal waste
technician license.
(b) The commissioner of agriculture, in cooperation with
the Minnesota extension service and appropriate educational
institutions, shall establish and implement a program for
training and licensing commercial animal waste technicians.
Subd. 5. [RENEWAL APPLICATION.] A person must apply to the
commissioner of agriculture to renew a commercial animal waste
technician license and must include the application fee. The
commissioner may renew a commercial animal waste technician
license, subject to reexamination, attendance at workshops
approved by the commissioner, or other requirements imposed by
the commissioner to provide the animal waste technician with
information regarding changing technology and to help ensure a
continuing level of competence and ability to manage and apply
animal wastes properly. The applicant may renew a commercial
animal waste technician license within 12 months after
expiration of the license without having to meet initial testing
requirements. The commissioner may require additional
demonstration of animal waste technician qualification if a
person has had a license suspended or revoked or has had a
history of violations of this section.
Subd. 6. [FINANCIAL RESPONSIBILITY.] (a) A commercial
animal waste technician license may not be issued unless the
applicant furnishes proof of financial responsibility. The
financial responsibility may be demonstrated by (1) proof of net
assets equal to or greater than $50,000, or (2) a performance
bond or insurance of the kind and in an amount determined by the
commissioner of agriculture.
(b) The bond or insurance must cover a period of time at
least equal to the term of the applicant's license. The
commissioner shall immediately suspend the license of a person
who fails to maintain the required bond or insurance.
(c) An employee of a licensed person is not required to
maintain an insurance policy or bond during the time the
employer is maintaining the required insurance or bond.
(d) Applications for reinstatement of a license suspended
under paragraph (b) must be accompanied by proof of satisfaction
of judgments previously rendered.
Subd. 7. [APPLICATION FEE.] A person initially applying
for or renewing a commercial animal waste technician license
must pay a nonrefundable application fee of $50 and a fee of $10
for each additional identification card requested.
Sec. 18. Minnesota Statutes 1996, section 35.82,
subdivision 2, is amended to read:
Subd. 2. [DISPOSITION OF CARCASSES.] (a) Except as
provided in subdivision 1b and paragraph (d), every person
owning or controlling any domestic animal that has died or been
killed otherwise than by being slaughtered for human or animal
consumption, shall as soon as reasonably possible bury the
carcass at least three feet deep at a depth adequate to prevent
scavenging by other animals in the ground or thoroughly burn it
or dispose of it by another method approved by the board as
being effective for the protection of public health and the
control of livestock diseases. The board, through its executive
secretary, may issue permits to owners of rendering plants
located in Minnesota which are operated and conducted as
required by law, to transport carcasses of domestic animals and
fowl that have died, or have been killed otherwise than by being
slaughtered for human or animal consumption, over the public
highways to their plants for rendering purposes in accordance
with the rules adopted by the board relative to transportation,
rendering, and other provisions the board considers necessary to
prevent the spread of disease. The board may issue permits to
owners of rendering plants located in an adjacent state with
which a reciprocal agreement is in effect under subdivision 3.
(b) Carcasses collected by rendering plants under permit
may be used for pet food or mink food if the owner or operator
meets the requirements of subdivision 1b.
(c) An authorized employee or agent of the board may enter
private or public property and inspect the carcass of any
domestic animal that has died or has been killed other than by
being slaughtered for human or animal consumption. Failure to
dispose of the carcass of any domestic animal within the period
specified by this subdivision is a public nuisance. The board
may petition the district court of the county in which a carcass
is located for a writ requiring the abatement of the public
nuisance. A civil action commenced under this paragraph does
not preclude a criminal prosecution under this section. No
person may sell, offer to sell, give away, or convey along a
public road or on land the person does not own, the carcass of a
domestic animal when the animal died or was killed other than by
being slaughtered for human or animal consumption unless it is
done with a special permit pursuant to this section. The
carcass or parts of a domestic animal that has died or has been
killed other than by being slaughtered for human or animal
consumption may be transported along a public road for a medical
or scientific purpose if the carcass is enclosed in a leakproof
container to prevent spillage or the dripping of liquid waste.
The board may adopt rules relative to the transportation of the
carcass of any domestic animal for a medical or scientific
purpose. A carcass on a public thoroughfare may be transported
for burial or other disposition in accordance with this section.
No person who owns or controls diseased animals shall
negligently or willfully permit them to escape from that control
or to run at large.
(d) A sheep producer may compost sheep carcasses owned by
the producer on the producer's land without a permit and is
exempt from compost facility specifications contained in rules
of the board.
(e) The board shall develop best management practices for
dead animal disposal and the pollution control agency feedlot
program shall distribute them to livestock producers in the
state.
Sec. 19. Minnesota Statutes 1996, section 41A.09,
subdivision 1a, is amended to read:
Subd. 1a. [ETHANOL PRODUCTION GOAL.] It is a goal of the
state that ethanol production plants in the state attain a total
annual production level of 220,000,000 240,000,000 gallons.
Sec. 20. Minnesota Statutes 1997 Supplement, section
41A.09, subdivision 3a, is amended to read:
Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
shall make cash payments to producers of ethanol, anhydrous
alcohol, and wet alcohol located in the state. These payments
shall apply only to ethanol, anhydrous alcohol, and wet alcohol
fermented in the state and produced at plants that have begun
production by June 30, 2000. For the purpose of this
subdivision, an entity that holds a controlling interest in more
than one ethanol plant is considered a single producer. The
amount of the payment for each producer's annual production is:
(1) except as provided in paragraph (b), for each gallon of
ethanol or anhydrous alcohol produced on or before June 30,
2000, or ten years after the start of production, whichever is
later, 20 cents per gallon; and
(2) for each gallon produced of wet alcohol on or before
June 30, 2000, or ten years after the start of production,
whichever is later, a payment in cents per gallon calculated by
the formula "alcohol purity in percent divided by five," and
rounded to the nearest cent per gallon, but not less than 11
cents per gallon.
The producer payments for anhydrous alcohol and wet alcohol
under this section may be paid to either the original producer
of anhydrous alcohol or wet alcohol or the secondary processor,
at the option of the original producer, but not to both.
(b) If the level of production at an ethanol plant
increases due to an increase in the production capacity of the
plant and the increased production begins by June 30, 2000, the
payment under paragraph (a), clause (1), applies to the
additional increment of production until ten years after the
increased production began. Once a plant's production capacity
reaches 15,000,000 gallons per year, no additional increment
will qualify for the payment.
(c) The commissioner shall make payments to producers of
ethanol or wet alcohol in the amount of 1.5 cents for each
kilowatt hour of electricity generated using closed-loop biomass
in a cogeneration facility at an ethanol plant located in the
state. Payments under this paragraph shall be made only for
electricity generated at cogeneration facilities that begin
operation by June 30, 2000. The payments apply to electricity
generated on or before the date ten years after the producer
first qualifies for payment under this paragraph. Total
payments under this paragraph in any fiscal year may not exceed
$750,000. For the purposes of this paragraph:
(1) "closed-loop biomass" means any organic material from a
plant that is planted for the purpose of being used to generate
electricity or for multiple purposes that include being used to
generate electricity; and
(2) "cogeneration" means the combined generation of:
(i) electrical or mechanical power; and
(ii) steam or forms of useful energy, such as heat, that
are used for industrial, commercial, heating, or cooling
purposes.
(d) Except for new production capacity approved under
paragraph (i), clause (1), the total payments under paragraphs
(a) and (b) to all producers may not exceed $34,000,000 in a
fiscal year. Total payments under paragraphs (a) and (b) to a
producer in a fiscal year may not exceed $3,000,000.
(e) By the last day of October, January, April, and July,
each producer shall file a claim for payment for ethanol,
anhydrous alcohol, and wet alcohol production during the
preceding three calendar months. A producer with more than one
plant shall file a separate claim for each plant. A producer
shall file a separate claim for the original production capacity
of each plant and for each additional increment of production
that qualifies under paragraph (b). A producer that files a
claim under this subdivision shall include a statement of the
producer's total ethanol, anhydrous alcohol, and wet alcohol
production in Minnesota during the quarter covered by the claim,
including anhydrous alcohol and wet alcohol produced or received
from an outside source. A producer shall file a separate claim
for any amount claimed under paragraph (c). For each claim and
statement of total ethanol, anhydrous alcohol, and wet alcohol
production filed under this subdivision, the volume of ethanol,
anhydrous alcohol, and wet alcohol production or amounts of
electricity generated using closed-loop biomass must be examined
by an independent certified public accountant in accordance with
standards established by the American Institute of Certified
Public Accountants.
(f) Payments shall be made November 15, February 15, May
15, and August 15. A separate payment shall be made for each
claim filed. The total quarterly payment to a producer under
this paragraph, excluding amounts paid under paragraph (c), may
not exceed $750,000. Except for new production capacity
approved under paragraph (i), clause (1), if the total amount
for which all other producers are eligible in a quarter under
paragraphs (a) and (b) exceeds $8,500,000, the commissioner
shall make payments for production capacity that is subject to
this restriction in the order in which the portion of production
capacity covered by each claim went into production. If the
total amount of ethanol or wet alcohol production reported for a
quarter under paragraph (e) equals or exceeds 55,000,000 gallons:
(1) payments under this subdivision do not apply to the
amount produced in excess of 55,000,000 gallons;
(2) the commissioner shall make payments to producers in
the order in which the portion of production capacity covered by
each claim began production; and
(3) only those producers that receive payments for the
quarter, or received payments under paragraph (a) or (b) in an
earlier quarter, will be eligible for future ethanol or wet
alcohol production payments under this subdivision.
(g) If the total amount for which all producers are
eligible in a quarter under paragraph (c) exceeds the amount
available for payments, the commissioner shall make payments in
the order in which the plants covered by the claims began
generating electricity using closed-loop biomass.
(h) After July 1, 1997, new production capacity is only
eligible for payment under this subdivision if the commissioner
receives:
(1) an application for approval of the new production
capacity;
(2) an appropriate letter of long-term financial commitment
for construction of the new production capacity; and
(3) copies of all necessary permits for construction of the
new production capacity.
The commissioner may approve the additional new production
capacity based on the order in which the applications are
received. The commissioner shall not approve production
capacity in excess of the limitations in paragraph (f).
(i) After the effective date of this section, the
commissioner may only approve: (1) up to 12,000,000 gallons of
new production capacity at one plant that has not previously
received approval or payment for any production capacity; or (2)
new production capacity at existing plants are not eligible for
new capacity beyond not to exceed planned expansions reported to
the commissioner by February 1997. The commissioner may not
approve any new production capacity after July 1, 1998.
(j) For the purposes of this subdivision "new production
capacity" means annual ethanol production capacity that was not
allowed under a permit issued by the pollution control agency
prior to July 1, 1997, or for which construction did not begin
prior to July 1, 1997.
Sec. 21. Minnesota Statutes 1997 Supplement, section
84.8205, is amended to read:
84.8205 [SNOWMOBILE STATE TRAIL PERMIT STICKER.]
Subdivision 1. [STICKER REQUIRED; FEE.] A person may not
operate a snowmobile that is not registered in this state may
not be operated on a state or grant-in-aid snowmobile trail
unless a snowmobile state trail sticker is affixed to the
snowmobile operator has in possession a snowmobile state trail
permit. The commissioner of natural resources shall issue a
permit sticker upon application and payment of a $15 fee. The
permit sticker is valid from November 1 through April 30. Fees
collected under this section shall be deposited in the state
treasury and credited to the snowmobile trails and enforcement
account in the natural resources fund.
Subd. 2. [PLACEMENT OF STICKER.] The state trail sticker
shall be permanently affixed to the forward half of the
snowmobile directly above or below the headlight of the
snowmobile.
Subd. 3. [LICENSE AGENTS.] County auditors are appointed
agents of the commissioner for the sale of snowmobile state
trail stickers. The commissioner may appoint other state
agencies as agents for the sale of the stickers. A county
auditor may appoint subagents within the county or within
adjacent counties to sell stickers. Upon appointment of a
subagent, the auditor shall notify the commissioner of the name
and address of the subagent. The auditor may revoke the
appointment of a subagent, and the commissioner may revoke the
appointment of a state agency at any time. The commissioner may
require an auditor to revoke a subagent's appointment. The
auditor shall furnish stickers on consignment to any subagent
who furnishes a surety bond in favor of the county in an amount
at least equal to the value of the stickers to be consigned to
that subagent. A surety bond is not required for a state agency
appointed by the commissioner. The county auditor shall be
responsible for all stickers issued to and user fees received by
agents except in a county where the county auditor does not
retain fees paid for license purposes. In these counties, the
responsibilities imposed by this section upon the county auditor
are imposed upon the county. The commissioner may promulgate
additional rules governing the accounting and procedures for
handling state trail stickers as provided in section 97A.485,
subdivision 11.
Any resident desiring to sell snowmobile state trail
stickers may either purchase for cash or obtain on consignment
stickers from a county auditor in groups of not less than ten
individual stickers. In selling stickers, the resident shall be
deemed a subagent of the county auditor and the commissioner,
and shall observe all rules promulgated by the commissioner for
accounting and handling of licenses and stickers pursuant to
section 97A.485, subdivision 11.
The county auditor shall promptly deposit all money
received from the sale of the stickers with the county treasurer
and shall promptly transmit any reports required by the
commissioner, plus 96 percent of the price paid by each
stickerholder, exclusive of the issuing fee, for each sticker
sold or consigned by the auditor and subsequently sold to a
stickerholder during the accounting period. The county auditor
shall retain as a commission four percent of all sticker fees,
excluding the issuing fee for stickers consigned to subagents
and the issuing fee on stickers sold by the auditor to
stickerholders.
Unsold stickers in the hands of any subagent shall be
redeemed by the commissioner if presented for redemption within
the time prescribed by the commissioner. Any stickers not
presented for redemption within the period prescribed shall be
conclusively presumed to have been sold, and the subagent
possessing the same or to whom they are charged shall be
accountable.
Subd. 4. [DISTRIBUTION OF STICKERS.] The commissioner
shall provide stickers to all agents authorized to issue
stickers by the commissioner.
Subd. 5. [AGENT'S FEE.] The fee for a sticker shall be
increased by the amount of an issuing fee of $1 per sticker.
The issuing fee may be retained by the seller of the sticker.
Sec. 22. Minnesota Statutes 1997 Supplement, section
84.86, subdivision 1, is amended to read:
Subdivision 1. With a view of achieving maximum use of
snowmobiles consistent with protection of the environment the
commissioner of natural resources shall adopt rules in the
manner provided by chapter 14, for the following purposes:
(1) Registration of snowmobiles and display of registration
numbers.
(2) Use of snowmobiles insofar as game and fish resources
are affected.
(3) Use of snowmobiles on public lands and waters, or on
grant-in-aid trails, including, but not limited to, the use of
specified metal traction devices and nonmetal traction devices.
(4) Uniform signs to be used by the state, counties, and
cities, which are necessary or desirable to control, direct, or
regulate the operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety
education and training program, including but not limited to the
preparation and dissemination of snowmobile information and
safety advice to the public, the training of snowmobile
operators, and the issuance of snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile
safety education and training course. For the purpose of
administering such program and to defray a portion of the
expenses of training and certifying snowmobile operators, the
commissioner shall collect a fee of not to exceed $5 from each
person who receives the youth and young adult training and a fee
established under chapter 16A from each person who receives the
adult training. The commissioner shall deposit the fee in the
snowmobile trails and enforcement account and the amount thereof
is appropriated annually to the commissioner of natural
resources for the administration of such programs. The
commissioner shall cooperate with private organizations and
associations, private and public corporations, and local
governmental units in furtherance of the program established
under this clause. The commissioner shall consult with the
commissioner of public safety in regard to training program
subject matter and performance testing that leads to the
certification of snowmobile operators.
(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or
hospitalization to or death of any person or total damage to an
extent of $500 or more, shall forward a written report of the
accident to the commissioner on such form as the commissioner
shall prescribe. If the operator is killed or is unable to file
a report due to incapacitation, any peace officer investigating
the accident shall file the accident report within ten business
days.
Sec. 23. Minnesota Statutes 1996, section 84.871, is
amended to read:
84.871 [MUFFLERS EQUIPMENT REQUIREMENTS.]
Subdivision 1. [MUFFLERS.] Except as provided in this
section, every snowmobile shall be equipped at all times with a
muffler in good working order which blends the exhaust noise
into the overall snowmobile noise and is in constant operation
to prevent excessive or unusual noise. The exhaust system shall
not emit or produce a sharp popping or crackling sound. This
section does not apply to organized races or similar competitive
events held on (1) private lands, with the permission of the
owner, lessee, or custodian of the land; (2) public lands and
water under the jurisdiction of the commissioner of natural
resources, with the commissioner's permission; or (3) other
public lands, with the consent of the public agency owning the
land. No person shall have for sale, sell, or offer for sale on
any new snowmobile any muffler that fails to comply with the
specifications required by the rules of the commissioner after
the effective date of the rules.
Subd. 2. [METAL TRACTION DEVICES ON SNOWMOBILE
TRACKS.] Except as provided in this subdivision, a person may
not operate a snowmobile with a track equipped with metal
traction devices on public lands, roads, or trails, or public
road or trail rights-of-way. Pursuant to section 84.86, the
commissioner may adopt rules that: (1) limit the use of
nonmetal traction devices; and (2) permit metal traction devices
that meet certain specifications.
Sec. 24. [84.8715] [METAL TRACTION DEVICE STICKER.]
Subdivision 1. [STICKER REQUIRED; FEE.] A person may not
operate a snowmobile with a track equipped with metal traction
devices unless a metal traction device sticker is affixed to the
snowmobile. The commissioner shall issue a metal traction
device sticker upon application and payment of a $50 fee. The
sticker is valid for one year following June 30 in the year it
is issued. Fees collected under this section shall be deposited
in the state treasury and credited to the snowmobile trails and
enforcement account in the natural resources fund. Money
deposited under this section must be used for repair of paved
public trails except that any money not necessary for this
purpose may be used for the grant-in-aid snowmobile trail system.
Subd. 2. [PLACEMENT OF STICKER.] The metal traction device
sticker must be permanently affixed to the forward half of the
snowmobile directly above or below the headlight of the
snowmobile.
Subd. 3. [LICENSE AGENTS.] The commissioner shall sell
metal traction device stickers through the process established
under section 84.8205.
Subd. 4. [REPEALER.] This section is repealed on July 1,
1999.
Sec. 25. Minnesota Statutes 1997 Supplement, section
85.015, subdivision 1c, is amended to read:
Subd. 1c. [METAL TRACTION DEVICES; PROHIBITION ON PAVED
TRAILS.] A person may not use a snowmobile with metal traction
devices on any paved state public trail, except as otherwise
provided by a local government with jurisdiction over a trail.
Sec. 26. [85.0156] [MISSISSIPPI WHITEWATER TRAIL.]
Subdivision 1. [CREATION.] An urban whitewater trail is
created along the Mississippi river in the lower St. Anthony
falls area below the stone arch bridge in Minneapolis. The
trail must be primarily developed for whitewater rafters,
canoers, and kayakers.
Subd. 2. [COMMISSIONER'S DUTIES.] (a) The commissioner of
natural resources must coordinate the creation of the whitewater
trail by placing designation signs near and along the river and
must publicize the designation.
(b) In designating the Mississippi whitewater trail, the
commissioner must work with other federal, state, and local
agencies and private businesses and organizations interested in
the trail.
Subd. 3. [GIFTS; DONATIONS.] The commissioner of natural
resources is authorized to accept, on behalf of a nonprofit
corporation, donations of land or easements in land for the
whitewater trail and may seek and accept money for the trail
from other public and private sources.
Sec. 27. Minnesota Statutes 1996, section 86B.101,
subdivision 2, is amended to read:
Subd. 2. [YOUTH WATERCRAFT SAFETY COURSE.] (a) The
commissioner shall establish an educational course and a testing
program for personal watercraft and watercraft operators and for
persons age 12 or older but younger than age 18 required to take
the watercraft safety course. The commissioner shall prescribe
a written test as part of the course. A personal watercraft
educational course and testing program that emphasizes safe and
legal operation must be required for persons age 13 or older but
younger than age 18 operating personal watercraft.
(b) The commissioner shall issue a watercraft operator's
permit to a person age 12 or older but younger than age 18 who
successfully completes the educational program and the written
test.
Sec. 28. Minnesota Statutes 1996, section 86B.415,
subdivision 1, is amended to read:
Subdivision 1. [WATERCRAFT 19 FEET OR LESS.] The fee for a
watercraft license for watercraft 19 feet or less in length is
$12 except:
(1) for watercraft, other than personal watercraft, 19 feet
in length or less that is offered for rent or lease, the fee is
$6;
(2) for a canoe, kayak, sailboat, sailboard, paddle boat,
or rowing shell 19 feet in length or less, the fee is $7;
(3) for a watercraft 19 feet in length or less used by a
nonprofit corporation for teaching boat and water safety, the
fee is as provided in subdivision 4; and
(4) for a watercraft owned by a dealer under a dealer's
license, the fee is as provided in subdivision 5.
Sec. 29. Minnesota Statutes 1996, section 86B.415, is
amended by adding a subdivision to read:
Subd. 7a. [PERSONAL WATERCRAFT SURCHARGE.] A $50 surcharge
is placed on each personal watercraft licensed under
subdivisions 1 to 5 for enforcement of personal watercraft laws
and for personal watercraft safety education. The surcharge
must be deposited in the state treasury and credited to the
water recreation account in the natural resources fund. Any
grants to counties from revenue collected under this subdivision
must be proportional to the use of personal watercraft in each
county. Grants made under this subdivision are subject to the
applicable administrative, reporting, and auditing requirements
in sections 86B.701 and 86B.705.
Sec. 30. Minnesota Statutes 1996, section 89A.03,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The Minnesota forest
resources council has 13 members appointed by the governor and
one member appointed by the Indian affairs council. The council
membership appointed by the governor must include one
representative from each of the following individuals:
(1) a representative from an organization representing
environmental interests within the state;
(2) a representative from an organization representing the
interests of management of game species;
(3) a representative from a conservation organization;
(4) a representative from an association representing
forest products industry within the state;
(5) a commercial logging contractor active in a forest
product association;
(6) a representative from a statewide association
representing the resort and tourism industry;
(7) a faculty or researcher of a Minnesota research or
higher educational institution;
(8) an owner of nonindustrial, private forest land of 40
acres or more;
(9) an agricultural woodlot owner;
(10) a representative from the department;
(11) a county land commissioner who is a member of the
Minnesota association of county land commissioners;
(12) a representative from the United States Forest Service
unit with land management responsibility in Minnesota; and
(13) a representative from a labor organization with
membership having an interest in forest resource issues.
Sec. 31. Minnesota Statutes 1996, section 90.193, is
amended to read:
90.193 [EXTENSION OF TIMBER PERMITS.]
The commissioner may, in the case of an exceptional
circumstance beyond the control of the timber permit holder
which makes it unreasonable, impractical, and not feasible to
complete cutting and removal under the permit within the time
allowed, grant an extension of one year. A request for the
extension must be received by the commissioner before the permit
expires. The request must state the reason the extension is
necessary and be signed by the permit holder. The value of the
timber remaining to be cut will be recalculated using current
stumpage rates. Any timber cut during the period of extension
or remaining uncut at the expiration of the extension shall be
billed for at the stumpage rates determined at the time of
extension provided that in no event shall stumpage rates be less
than those in effect at the time of the original sale. An
interest rate of eight percent will may be charged for the
period of extension.
Sec. 32. Minnesota Statutes 1996, section 93.002,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The mineral coordinating
committee is established to plan for diversified mineral
development. The mineral coordinating committee consists of the
director of the minerals division of the department of natural
resources, the deputy commissioner of the Minnesota pollution
control agency, the director of United Steelworkers of America,
district 11, or the director's designee, the commissioner of the
iron range resources and rehabilitation board, the director of
the Minnesota geological survey, the dean of the University of
Minnesota institute of technology, and the director of the
natural resources research institute, and three individuals
appointed by the governor for a four-year term, one each
representing the iron ore and taconite, the nonferrous metallic
minerals, and the industrial minerals industries within the
state. The director of the minerals division of the department
of natural resources shall serve as chair. A member of the
committee may designate another person of the member's
organization to act in the member's place. The commissioner of
natural resources shall provide staff and administrative
services necessary for the committee's activities.
The mineral coordinating committee is encouraged to solicit
and receive advice from representatives of the United States
Bureau of Mines, the United States Geological Survey, and the
United States Environmental Protection Agency.
Sec. 33. Minnesota Statutes 1996, section 97A.037,
subdivision 1, is amended to read:
Subdivision 1. [INTERFERENCE WITH TAKING WILD ANIMALS
PROHIBITED.] A person who has the intent to prevent, or disrupt,
or dissuade the taking of another person from taking or
preparing to take a wild animal or enjoyment of the out-of-doors
may must not disturb or interfere with another that person who
if that person is lawfully taking a wild animal or preparing to
take a wild animal. "Preparing to take a wild animal" includes
travel, camping, and other acts that occur on land or water
where the affected person has the right or privilege to take
lawfully a wild animal.
Sec. 34. Minnesota Statutes 1996, section 97A.245, is
amended to read:
97A.245 [REWARDS.]
The commissioner may pay rewards for information leading to
the conviction of a person that has violated a provision of laws
relating to wild animals or threatened or endangered species of
wildlife. A reward may not exceed $500, except a reward for
information relating to big game or threatened or endangered
species of wildlife, may be up to $1,000 and a reward for
information relating to timber wolves may be up to $2,500. The
rewards may only be paid from funds donated to the commissioner
for these purposes and may not be paid to salaried conservation
officers or peace officers.
Sec. 35. Minnesota Statutes 1996, section 103C.315,
subdivision 4, is amended to read:
Subd. 4. [COMPENSATION.] A supervisor shall receive
compensation for services as the state board may determine, and
may be reimbursed for expenses, including traveling expenses,
necessarily incurred in the discharge of duties. A supervisor
shall may be reimbursed for the use of the supervisor's own
automobile in the performance of official duties at the a rate
per mile prescribed for state officers and employees up to the
maximum tax-deductible mileage rate permitted under the federal
Internal Revenue Code.
Sec. 36. Minnesota Statutes 1996, section 103F.155,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER'S REVIEW.] (a) The commissioner
shall review the plan and consult with the state office of civil
defense and other appropriate state and federal agencies.
Following the review, the commissioner shall accept, require
modification, or reject the plan.
(b) If required modifications are not made, or if the plan
is rejected, the commissioner shall order the removal of the
emergency protection measures and shall not provide grant money
under section 103F.161 until the plan is approved or the
required modifications are made.
Sec. 37. Minnesota Statutes 1996, section 103F.161,
subdivision 2, is amended to read:
Subd. 2. [ACTION ON GRANT APPLICATIONS.] (a) A local
government may apply to the commissioner for a grant on forms
provided by the commissioner. The commissioner shall confer
with the local government requesting the grant and may make a
grant up to $75,000 $150,000 based on the following
considerations:
(1) the extent and effectiveness of mitigation measures
already implemented by the local government requesting the
grant;
(2) the feasibility, practicality, and effectiveness of the
proposed mitigation measures and the associated nonflood related
benefits and detriments;
(3) the level of grant assistance that should be provided
to the local government, based on available facts regarding the
nature, extent, and severity of flood problems;
(4) the frequency of occurrence of severe flooding that has
resulted in declaration of the area as a flood disaster area by
the President of the United States;
(5) the economic, social, and environmental benefits and
detriments of the proposed mitigation measures;
(6) whether the floodplain management ordinance or
regulation adopted by the local government meets the minimum
standards established by the commissioner, the degree of
enforcement of the ordinance or regulation, and whether the
local government is complying with the ordinance or regulation;
(7) the degree to which the grant request is consistent
with local water plans developed under chapters 103B and 103D;
(8) the financial capability of the local government to
solve its flood hazard problems without financial assistance;
and
(9) the estimated cost and method of financing of the
proposed mitigation measures based on local money and federal
and state financial assistance.
(b) If the amount of the grant requested
is $75,000 $150,000 or more, the commissioner shall determine,
under the considerations in paragraph (a), whether any part of
the grant should be awarded. The commissioner must submit an
appropriation request to the governor and the legislature for
funding consideration before each odd-numbered year, consisting
of requests or parts of grant requests of $75,000 $150,000 or
more. The commissioner must prioritize the grant requests,
under the considerations in paragraph (a), beginning with the
projects the commissioner determines most deserving of financing.
(c) A grant may not exceed one-half the total cost of the
proposed mitigation measures.
(d) After July 1, 1991, grants made under this section may
be made to local governments whose grant requests are part of,
or responsive to, a comprehensive local water plan prepared
under chapter 103B or 103D.
Sec. 38. Minnesota Statutes 1996, section 103G.271,
subdivision 6, is amended to read:
Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as
described in paragraphs (b) to (f), a water use permit
processing fee must be prescribed by the commissioner in
accordance with the following schedule of fees for each water
use permit in force at any time during the year:
(1) 0.05 cents per 1,000 gallons for the first 50,000,000
gallons per year;
(2) 0.10 cents per 1,000 gallons for amounts greater than
50,000,000 gallons but less than 100,000,000 gallons per year;
(3) 0.15 cents per 1,000 gallons for amounts greater than
100,000,000 gallons but less than 150,000,000 gallons per year;
and
(4) 0.20 cents per 1,000 gallons for amounts greater than
150,000,000 gallons but less than 200,000,000 gallons per year;
(5) 0.25 cents per 1,000 gallons for amounts greater than
200,000,000 gallons but less than 250,000,000 gallons per year;
(6) 0.30 cents per 1,000 gallons for amounts greater than
250,000,000 gallons but less than 300,000,000 gallons per year;
(7) 0.35 cents per 1,000 gallons for amounts greater than
300,000,000 gallons but less than 350,000,000 gallons per year;
(8) 0.40 cents per 1,000 gallons for amounts greater than
350,000,000 gallons but less than 400,000,000 gallons per year;
and
(9) 0.45 cents per 1,000 gallons for amounts greater than
400,000,000 gallons per year.
(b) For once-through cooling systems, a water use
processing fee must be prescribed by the commissioner in
accordance with the following schedule of fees for each water
use permit in force at any time during the year:
(1) for nonprofit corporations and school districts:
(i) 5.0 cents per 1,000 gallons until December 31, 1991;
(ii) 10.0 cents per 1,000 gallons from January 1, 1992,
until December 31, 1996; and
(iii), 15.0 cents per 1,000 gallons after January 1, 1997;
and
(2) for all other users, 20 cents per 1,000 gallons.
(c) The fee is payable based on the amount of water
appropriated during the year and, except as provided in
paragraph (f), the minimum fee is $50.
(d) For water use processing fees other than once-through
cooling systems:
(1) the fee for a city of the first class may not exceed
$175,000 per year;
(2) the fee for other entities for any permitted use may
not exceed:
(i) $35,000 per year for an entity holding three or fewer
permits;
(ii) $50,000 per year for an entity holding four or five
permits;
(iii) $175,000 per year for an entity holding more than
five permits;
(3) the fee for agricultural irrigation may not exceed $750
per year; and
(4) the fee for a municipality that furnishes electric
service and cogenerates steam for home heating may not exceed
$10,000 for its permit for water use related to the cogeneration
of electricity and steam; and
(5) no fee is required for a project involving the
appropriation of surface water to prevent flood damage or to
remove flood waters during a period of flooding, as determined
by the commissioner.
(e) Failure to pay the fee is sufficient cause for revoking
a permit. A penalty of two percent per month calculated from
the original due date must be imposed on the unpaid balance of
fees remaining 30 days after the sending of a second notice of
fees due. A fee may not be imposed on an agency, as defined in
section 16B.01, subdivision 2, or federal governmental agency
holding a water appropriation permit.
(f) The minimum water use processing fee for a permit
issued for irrigation of agricultural land is $10 for years in
which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive
days between May 1 and October 1.
(g) For once-through systems fees payable after July 1,
1993, 75 percent of the fees must be credited to a special
account and are appropriated to the Minnesota public facilities
authority for loans under section 446A.21.
Sec. 39. Minnesota Statutes 1996, section 115.076,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY OF COMMISSIONER.] (a) The agency
may refuse to issue or to authorize the transfer of:
(1) a hazardous waste facility permit or a solid waste
facility permit to construct or operate a commercial waste
facility as defined in section 115A.03, subdivision 6, if the
agency determines that the permit applicant does not possess
sufficient expertise and competence to operate the facility in
conformance with the requirements of this chapter and chapters
114C and 116, or if other circumstances exist that demonstrate
that the permit applicant may not operate the facility in
conformance with the requirements of this chapter and chapters
114C and 116; or
(2) an animal feedlot facility permit, under section
116.07, subdivision 7, to construct or operate an animal feedlot
facility, if the agency determines that the permit applicant
does not possess sufficient expertise and competence to operate
the feedlot facility in conformance with the requirements of
this chapter and chapter 116 or if other circumstances exist
that demonstrate that the permit applicant may not operate the
feedlot facility in conformance with the requirements of this
chapter and chapter 116.
(b) In making this a determination under paragraph (a), the
agency may consider:
(1) the experience of the permit applicant in constructing
or operating commercial waste facilities or animal feedlot
facilities;
(2) the expertise of the permit applicant;
(3) the past record of the permit applicant in operating
commercial waste facilities or animal feedlot facilities in
Minnesota and other states;
(4) any criminal convictions of the permit applicant in
state or federal court during the past five years that bear on
the likelihood that the permit applicant will operate the
facility in conformance with the applicable requirements of this
chapter and chapters 114C and 116; and
(5) in the case of a corporation or business entity, any
criminal convictions in state or federal court during the past
five years of any of the permit applicant's officers, partners,
or facility managers that bear on the likelihood that the
facility will be operated in conformance with the applicable
requirements of this chapter and chapters 114C and 116.
Sec. 40. Minnesota Statutes 1997 Supplement, section
115.55, subdivision 5a, is amended to read:
Subd. 5a. [INSPECTION CRITERIA FOR EXISTING SYSTEMS.] (a)
An inspection of an existing system must evaluate the criteria
in paragraphs (b) to (h).
(b) If the inspector finds one or more of the following
conditions:
(1) sewage discharge to surface water;
(2) sewage discharge to ground surface;
(3) sewage backup; or
(4) a cesspool; or
(5) any other situation with the potential to immediately
and adversely affect or threaten public health or safety,
then the system constitutes an imminent threat to public health
or safety and, if not repaired, must be upgraded, replaced, or
its use discontinued within ten months of receipt of the notice
described in subdivision 5b, or within a shorter period of time
if required by local ordinance.
(c) An existing system that has none of the conditions in
paragraph (b), and has at least two feet of soil separation need
not be upgraded, repaired, replaced, or its use discontinued,
notwithstanding any local ordinance that is more restrictive.
(d) Paragraph (c) does not apply to systems in shoreland
areas regulated under sections 103F.201 to 103F.221, wellhead
protection areas as defined in section 103I.005, or those used
in connection with food, beverage, and lodging establishments
regulated under chapter 157.
(e) If the local unit of government with jurisdiction over
the system has adopted an ordinance containing local standards
pursuant to subdivision 7, the existing system must comply with
the ordinance. If the system does not comply with the
ordinance, it must be upgraded, replaced, or its use
discontinued according to the ordinance.
(f) If a seepage pit, drywell, cesspool, or leaching pit
exists and the local unit of government with jurisdiction over
the system has not adopted local standards to the contrary, the
system is failing and must be upgraded, replaced, or its use
discontinued within the time required by subdivision 3 or local
ordinance.
(g) If the system fails to provide sufficient groundwater
protection, then the local unit of government or its agent shall
order that the system be upgraded, replaced, or its use
discontinued within the time required by rule or the local
ordinance.
(h) The authority to find a threat to public health under
section 145A.04, subdivision 8, is in addition to the authority
to make a finding under paragraphs (b) to (d).
Sec. 41. Minnesota Statutes 1997 Supplement, section
116.07, subdivision 7, is amended to read:
Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL
LOT PERMITS.] Any Minnesota county board may, by resolution,
with approval of the pollution control agency, assume
responsibility for processing applications for permits required
by the pollution control agency under this section for livestock
feedlots, poultry lots or other animal lots. The responsibility
for permit application processing, if assumed by a county, may
be delegated by the county board to any appropriate county
officer or employee.
(a) For the purposes of this subdivision, the term
"processing" includes:
(1) the distribution to applicants of forms provided by the
pollution control agency;
(2) the receipt and examination of completed application
forms, and the certification, in writing, to the pollution
control agency either that the animal lot facility for which a
permit is sought by an applicant will comply with applicable
rules and standards, or, if the facility will not comply, the
respects in which a variance would be required for the issuance
of a permit; and
(3) rendering to applicants, upon request, assistance
necessary for the proper completion of an application.
(b) For the purposes of this subdivision, the term
"processing" may include, at the option of the county board,
issuing, denying, modifying, imposing conditions upon, or
revoking permits pursuant to the provisions of this section or
rules promulgated pursuant to it, subject to review, suspension,
and reversal by the pollution control agency. The pollution
control agency shall, after written notification, have 15 days
to review, suspend, modify, or reverse the issuance of the
permit. After this period, the action of the county board is
final, subject to appeal as provided in chapter 14.
(c) For the purpose of administration of rules adopted
under this subdivision, the commissioner and the agency may
provide exceptions for cases where the owner of a feedlot has
specific written plans to close the feedlot within five years.
These exceptions include waiving requirements for major capital
improvements.
(d) For purposes of this subdivision, a discharge caused by
an extraordinary natural event such as a precipitation event of
greater magnitude than the 25-year, 24-hour event, tornado, or
flood in excess of the 100-year flood is not a "direct discharge
of pollutants."
(e) In adopting and enforcing rules under this subdivision,
the commissioner shall cooperate closely with other governmental
agencies.
(f) The pollution control agency shall work with the
Minnesota extension service, the department of agriculture, the
board of water and soil resources, producer groups, local units
of government, as well as with appropriate federal agencies such
as the Soil Natural Resources Conservation Service and the
Agricultural Stabilization and Conservation Service Farm Service
Agency, to notify and educate producers of rules under this
subdivision at the time the rules are being developed and
adopted and at least every two years thereafter.
(g) The pollution control agency shall adopt rules
governing the issuance and denial of permits for livestock
feedlots, poultry lots or other animal lots pursuant to this
section. A feedlot permit is not required for livestock
feedlots with more than ten but less than 50 animal units;
provided they are not in shoreland areas. These rules apply
both to permits issued by counties and to permits issued by the
pollution control agency directly.
(h) The pollution control agency shall exercise supervising
authority with respect to the processing of animal lot permit
applications by a county.
(i) After May 17, 1997, any new rules or amendments to
existing rules proposed under the authority granted in this
subdivision, must be submitted to the members of legislative
policy committees with jurisdiction over agriculture and the
environment prior to final adoption. The rules must not become
effective until 90 days after the proposed rules are submitted
to the members.
(j) Until new rules are adopted that provide for plans for
manure storage structures, any plans for a liquid manure storage
structure must be prepared or approved by a registered
professional engineer or a United States Department of
Agriculture, Natural Resources Conservation Service employee.
(k) A county may adopt by ordinance standards for animal
feedlots that are more stringent than standards in pollution
control agency rules.
(l) After January 1, 2001, a county that has not accepted
delegation of the feedlot permit program must hold a public
meeting prior to the agency issuing a feedlot permit for a
feedlot facility with 300 or more animal units, unless another
public meeting has been held with regard to the feedlot facility
to be permitted.
Sec. 42. Minnesota Statutes 1996, section 116.07, is
amended by adding a subdivision to read:
Subd. 7b. [FEEDLOT INVENTORY NOTIFICATION AND PUBLIC
MEETING REQUIREMENTS.] (a) Any state agency or local government
unit conducting an inventory or survey of livestock feedlots
under its jurisdiction must publicize notice of the inventory in
a newspaper of general circulation in the affected area and in
other media as appropriate. The notice must state the dates the
inventory will be conducted, the information that will be
requested in the inventory, and how the information collected
will be provided to the public. The notice must also specify
the date for a public meeting to provide information regarding
the inventory.
(b) A local government unit conducting an inventory or
survey of livestock feedlots under its jurisdiction must hold at
least one public meeting within the boundaries of the
jurisdiction of the local unit of government, prior to beginning
the inventory. A state agency conducting a survey of livestock
feedlots must hold at least four public meetings outside of the
seven-county Twin Cities metropolitan area, prior to beginning
the inventory. The public meeting must provide information
concerning the dates the inventory will be conducted, the
procedure the agency or local unit of government will use to
request the information to be included in the inventory, and how
the information collected will be provided to the public.
Sec. 43. Minnesota Statutes 1996, section 116.07, is
amended by adding a subdivision to read:
Subd. 7c. [NPDES PERMITTING REQUIREMENTS.] (a) The agency
must issue National Pollutant Discharge Elimination System
permits for feedlots with 1,000 animal units or more based on
the following schedule:
(1) for applications received after the effective date of
this section, a permit for a newly constructed or expanded
animal feedlot with 2,000 or more animal units must be issued as
an individual permit;
(2) for applications received after January 1, 1999, a
permit for a newly constructed or expanded animal feedlot with
between 1,000 and 2,000 animal units that is identified as a
priority by the commissioner, using criteria established under
paragraph (e), must be issued as an individual permit; and
(3) after January 1, 2001, all existing feedlots with 1,000
or more animal units must be issued an individual or general
National Pollutant Discharge Elimination System permit.
(b) By October 1, 1999, the agency must issue a general
National Pollutant Discharge Elimination System permit for
animal feedlots with between 1,000 and 2,000 animal units that
are not identified under paragraph (a), clause (2).
(c) Prior to the issuance of a general National Pollutant
Discharge Elimination System permit for a category of animal
feedlot facility permittees, the agency must hold at least one
public hearing on the permit issuance.
(d) To the extent practicable, the agency must include a
public notice and comment period for an individual National
Pollutant Discharge Elimination System permit concurrent with
any public notice and comment for:
(1) the purpose of environmental review of the same
facility under chapter 116D; or
(2) the purpose of obtaining a conditional use permit from
a local unit of government where the local government unit is
the responsible governmental unit for purposes of environmental
review under chapter 116D.
(e) By January 1, 1999, the commissioner, in consultation
with the feedlot and manure management advisory committee,
created under section 17.136, and other interested parties must
develop criteria for determining whether an individual National
Pollutant Discharge Elimination System permit is required under
paragraph (a), clause (2), for an animal feedlot with between
1,000 and 2,000 animal units. The criteria must be based on
proximity to waters of the state, facility design, and other
site-specific environmental factors.
(f) By January 1, 2000, the commissioner, in consultation
with the feedlot and manure management advisory committee,
created under section 17.136, and other interested parties must
develop criteria for determining whether an individual National
Pollutant Discharge Elimination System permit is required for an
existing animal feedlot, under paragraph (a), clause (3). The
criteria must be based on violations and other compliance
problems at the facility.
Sec. 44. Minnesota Statutes 1997 Supplement, section
116.18, subdivision 3c, is amended to read:
Subd. 3c. [INDIVIDUAL ON-SITE TREATMENT SYSTEMS AND
ALTERNATIVE DISCHARGING SEWAGE SYSTEMS PROGRAM.] (a) Beginning
in fiscal year 1989, up to ten percent of the money to be
awarded as grants under subdivision 3a in any single fiscal
year, up to a maximum of $1,000,000, may be set aside for the
award of grants by the agency to municipalities to reimburse
owners of individual on-site wastewater treatment systems or
alternative discharging sewage systems for a part of the costs
of upgrading or replacing the systems.
(b) An individual on-site treatment system is a wastewater
treatment system, or part thereof, that uses soil treatment and
disposal technology to treat 5,000 gallons or less of wastewater
per day from dwellings or other establishments.
(c) An alternative discharging sewage system is a system
permitted under section 115.58 that:
(1) serves one or more dwellings and other establishments;
(2) discharges less than 10,000 gallons of water per day;
and
(3) uses any treatment and disposal methods other than
subsurface soil treatment and disposal.
(d) Municipalities may apply yearly for grants of up to 50
percent of the cost of replacing or upgrading individual on-site
treatment systems, including conversion to an alternative
discharging sewage system, within their jurisdiction, up to a
limit of $5,000 per system or per connection to a cluster
system. Before agency approval of the grant application, a
municipality must certify that:
(1) it has adopted and is enforcing the requirements of
Minnesota Rules governing individual sewage treatment systems;
(2) the existing systems for which application is made do
not conform to those rules, are at least 20 years old, do not
serve seasonal residences, and were not constructed with state
or federal funds; and
(3) the costs requested do not include administrative
costs, costs for improvements or replacements made before the
application is submitted to the agency unless it pertains to the
plan finally adopted, and planning and engineering costs other
than those for the individual site evaluations and system design.
(d) (e) The federal and state regulations regarding the
award of state and federal wastewater treatment grants do not
apply to municipalities or systems funded under this
subdivision, except as provided in this subdivision.
(e) (f) The agency shall adopt permanent rules regarding
priorities, distribution of funds, payments, inspections,
procedures for administration of the agency's duties, and other
matters that the agency finds necessary for proper
administration of grants awarded under this subdivision.
Sec. 45. Minnesota Statutes 1997 Supplement, section
169.1217, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them:
(a) "Appropriate agency" means a law enforcement agency
that has the authority to make an arrest for a violation of a
designated offense or to require a test under section 169.123.
(b) "Designated license revocation" includes a license
revocation under section 169.123:
(1) within five years of two prior impaired driving
convictions, two prior license revocations, or a prior impaired
driving conviction and a prior license revocation, based on
separate incidents; or
(2) within 15 years of the first of three or more prior
impaired driving convictions, three or more prior license
revocations, or any combination of three or more prior impaired
driving convictions and prior license revocations, based on
separate incidents.
(c) "Designated offense" includes:
(1) a violation of section 169.121, subdivision 1, clause
(a), (b), (c), (d), (e), (g), or (h), subdivision 1a, an
ordinance in conformity with any of them, or section 169.129:
(i) within five years of two prior impaired driving
convictions, or two prior license revocations, or a prior
impaired driving conviction and a prior license revocation,
based on separate incidents; or
(ii) within 15 years of the first of three or more prior
impaired driving convictions, three or more prior license
revocations, or any combination of three or more impaired
driving convictions and prior license revocations, based on
separate incidents;
(2) a violation of section 169.121, subdivision 1, clause
(f), or a violation of section 169.121, subdivision 3, paragraph
(c), clause (4):
(i) within five years of a prior impaired driving
conviction or a prior license revocation; or
(ii) within 15 years of the first of two or more prior
impaired driving convictions, two or more prior license
revocations, or a prior impaired driving conviction and a prior
license revocation, based on separate incidents; or
(3) a violation of section 169.121, an ordinance in
conformity with it, or section 169.129:
(i) by a person whose driver's license or driving
privileges have been canceled under section 171.04, subdivision
1, clause (9); or
(ii) by a person who is subject to a restriction on the
person's driver's license under section 171.09 which provides
that the person may not use or consume any amount of alcohol or
a controlled substance; or
(4) until June 30, 1999, a second or subsequent violation
of section 85.015, subdivision 1c.
(d) "Motor vehicle" and "vehicle" have the meaning given
"motor vehicle" in section 169.121, subdivision 11. The terms
do not include a vehicle which is stolen or taken in violation
of the law.
(e) "Owner" means the registered owner of the motor vehicle
according to records of the department of public safety and
includes a lessee of a motor vehicle if the lease agreement has
a term of 180 days or more.
(f) "Prior impaired driving conviction" has the meaning
given it in section 169.121, subdivision 3. A prior impaired
driving conviction also includes a prior juvenile adjudication
that would have been a prior impaired driving conviction if
committed by an adult.
(g) "Prior license revocation" has the meaning given it in
section 169.121, subdivision 3.
(h) "Prosecuting authority" means the attorney in the
jurisdiction in which the designated offense occurred who is
responsible for prosecuting violations of a designated offense.
Sec. 46. Minnesota Statutes 1996, section 308A.131,
subdivision 1, is amended to read:
Subdivision 1. [CONTENTS.] (a) The incorporators shall
prepare the articles, which must include:
(1) the name of the cooperative;
(2) the purpose of the cooperative;
(3) the principal place of business for the cooperative;
(4) the period of duration for the cooperative, if the
duration is not to be perpetual;
(5) the total authorized number of shares and the par value
of each share if the cooperative is organized on a capital stock
basis;
(6) a description of the classes of shares, if the shares
are to be classified;
(7) a statement of the number of shares in each class and
relative rights, preferences, and restrictions granted to or
imposed upon the shares of each class, and a provision that only
common stockholders have voting power;
(8) a statement that individuals owning common stock shall
be restricted to one vote in the affairs of the cooperative or a
statement that the cooperative is one described in section
308A.641, subdivision 2;
(9) a statement that shares of stock are transferable only
with the approval of the board;
(10) a statement that dividends on the capital stock and
nonstock units of equity of the cooperative may not exceed eight
percent annually;
(11) the names, post office addresses, and terms of office
of the directors of the first board;
(12) a statement that net income in excess of dividends and
additions to reserves shall be distributed on the basis of
patronage, and that the records of the cooperative may show the
interest of patrons, stockholders of any classes, and members in
the reserves; and
(13) the registered office address of the cooperative and
the name of the registered agent, if any, at that address.
(b) The articles must always contain the provisions in
paragraph (a), except that the names, post office addresses, and
terms of offices of the directors of the first board may be
omitted after their successors have been elected by the members
or the articles are amended in their entirety.
(c) The articles may contain other lawful provisions.
(d) The articles must be signed by the incorporators.
Sec. 47. Minnesota Statutes 1997 Supplement, section
308A.705, subdivision 1, is amended to read:
Subdivision 1. [DISTRIBUTION OF NET INCOME.] Net income in
excess of dividends on capital stock, nonstock units of equity,
and additions to reserves shall be distributed on the basis of
patronage. A cooperative may establish allocation units,
whether the units are functional, divisional, departmental,
geographic, or otherwise, and pooling arrangements and may
account for and distribute net income on the basis of allocation
units and pooling arrangements. A cooperative may offset the
net loss of an allocation unit or pooling arrangement against
the net income of other allocation units or pooling arrangements
to the extent permitted by section 1388(j) of the Internal
Revenue Code of 1986, as amended through December 31, 1996.
Sec. 48. Minnesota Statutes 1996, section 308A.705,
subdivision 3, is amended to read:
Subd. 3. [DIVIDENDS.] Dividends may be paid on capital
stock and nonstock units of equity only if the net income of the
cooperative for the previous fiscal year is sufficient. The
dividends are not cumulative.
Sec. 49. Laws 1997, chapter 216, section 15, subdivision
8, is amended to read:
Subd. 8. Pollution Prevention
(a) TOXIC EMISSIONS FROM FIRE
TRAINING 65,000
This appropriation is from the trust
fund to metropolitan state university
to identify and quantify toxic
emissions from live-burn training in
acquired structures to evaluate and
propose alternatives. This
appropriation is available until June
30, 2000, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(b) POLLUTION PREVENTION TRAINING
PROGRAM FOR INDUSTRIAL EMPLOYEES 200,000
This appropriation is from the future
resources fund to the director of the
office of environmental assistance for
agreements with Citizens for a Better
Environment and the University of
Minnesota to provide the training and
technical assistance needed for
pollution prevention by industrial
employees.
Sec. 50. [AGGREGATE RESOURCES TASK FORCE.]
Subdivision 1. [CREATION; MEMBERSHIP.] (a) An aggregate
resources task force consists of 12 members appointed as follows:
(1) the subcommittee on subcommittees of the senate
committee on rules and administration shall appoint one citizen
member with experience in the state's aggregates industry, one
citizen member who is an employee of a local government unit
that works with environmental and land use impacts from
aggregate mining, and four members of the senate, two of whom
must be members of the minority caucus; and
(2) the speaker of the house shall appoint one citizen
member who is an employee of a local governmental unit that
works with environmental and land use impacts from aggregate
mining, one citizen member with experience in native prairie
conservation, and four members of the house, two of whom must be
members of the minority caucus.
(b) The appointing authorities must make their respective
appointments not later than July 1, 1998.
(c) The first meeting of the task force must be convened by
a person designated by the chair of the senate committee on
rules and administration. Task force members shall then elect a
permanent chair from among the task force members.
Subd. 2. [DUTIES.] The task force shall examine current
and projected issues concerning the need for and use of the
state's aggregate resources. The task force shall seek input
from the aggregate industry, state agencies, counties, local
units of government, environmental organizations, and other
interested parties on aggregate resource issues, including
resource inventory, resource depletion, mining practices,
nuisance problems, safety, competing land uses and land use
planning, native prairie conservation, environmental review,
local permit requirements, reclamation, recycling,
transportation of aggregates, and the aggregate material tax.
Subd. 3. [REPORT.] Not later than February 1, 2000, the
task force shall report to the legislature on the findings of
its study. The report must include a recommendation as to
whether there is a need for a comprehensive statewide policy on
any aggregate resource issue. If the task force recommends a
statewide policy, the report must include recommendations on the
framework for the statewide policy.
Subd. 4. [EXPIRATION.] The aggregate resources task force
expires 45 days after its report and recommendations are
delivered to the legislature, or on June 30, 2001, whichever
date is earlier.
Sec. 51. [REPORT ON NONCOMMERCIAL MANURE APPLICATOR
TRAINING AND CERTIFICATION.]
The commissioner of agriculture, in close consultation with
the commissioner of the pollution control agency and statewide
farm organizations including the Minnesota Farmers Union and the
Minnesota Farm Bureau Federation, shall conduct a study to
assess the need for and feasibility of a program for
noncommercial manure applicator training and certification. The
commissioner must submit a report to the members of the senate
and house policy committees with jurisdiction over agriculture
and the environment by January 20, 1999. The report must
include recommendations on:
(1) persons and activities that should be exempt from
certification;
(2) dates by which persons should be required to obtain
certification;
(3) content of the noncommercial animal waste technician
training curriculum; and
(4) procedures and timelines for implementing noncommercial
animal waste technician training programs.
Sec. 52. [PERMIT REQUIREMENTS.]
Until June 30, 2000, neither the pollution control agency
nor a county board may issue a permit for the construction of an
open-air clay, earthen, or flexible membrane lined swine waste
lagoon. This section does not apply to repair or modification
related to an environmental improvement of an existing lagoon.
Sec. 53. [FEEDLOT RULES.]
By March 1, 1999, the commissioner of the pollution control
agency must submit a copy of updated feedlot permit rules as
prescribed in Minnesota Statutes, section 116.07, subdivision 7,
paragraph (i). The updated rules must become effective no later
than June 1, 1999.
Sec. 54. [ENVIRONMENTAL REVIEW RULES.]
The environmental quality board, in consultation with the
pollution control agency, shall study and adopt rules pursuant
to Minnesota Statutes, chapter 14, to revise and clarify
Minnesota Rules, part 4410.1000, subpart 4, as it applies to
connected actions on animal feedlots and the need for
environmental review. The board must submit a copy of the
proposed rules and a summary of public comments received on the
rules to the members of the senate and house policy committees
with jurisdiction over agriculture and the environment, the
senate environment and agriculture budget division, and the
house environment, natural resources, and agriculture finance
committee by March 1, 1999. The rules may not become effective
until 60 days after they are submitted to the committee members
and must become effective no later than June 1, 1999.
Sec. 55. [REPORT ON REVISED STANDARDS FOR HYDROGEN SULFIDE
EXPOSURE.]
By January 15, 1999, the commissioner of labor and
industry, in consultation with the commissioners of the
pollution control agency, health, and agriculture, shall report
to the senate and house policy committees with jurisdiction over
agriculture and environment on the need for and, if appropriate,
suggested changes to standards for hydrogen sulfide exposure
levels within livestock confinement facilities having a design
capacity of 500 animal units or more and at various distances up
to 5,000 feet from animal waste storage facilities.
Sec. 56. [REPORT ON ANIMAL WASTE LIABILITY.]
By January 15, 1999, the commissioner of the pollution
control agency, in conjunction with the commissioner of
agriculture, shall report to the legislative policy and finance
committees or divisions with jurisdiction over agriculture and
the environment on the need for an animal waste liability
account, improved animal waste incident reporting, and a
contingency action plan for animal waste sites. The report must
include:
(1) an analysis of the need and level of funding required
for an animal waste liability account;
(2) the identification of possible funding sources to
ensure adequate resources for animal waste site cleanup under
clause (1);
(3) an analysis of the need for changes to the current
animal waste incident reporting system; and
(4) the need for development of a statewide animal waste
contingency plan for animal waste sites, including containment,
closure, and cleanup.
Sec. 57. [COUNTIES AND TOWNS TO REPORT.]
(a) Not later than August 1, 1998, each county and each
town that has adopted ordinances related to animal feedlots
shall supply copies of the ordinances to the commissioner of
agriculture. A county or town that adopts a new or amended
ordinance related to animal feedlots shall report the new or
amended ordinance to the commissioner within 60 days after the
adoption.
(b) The reporting requirements of paragraph (a) expire
after June 30, 2001.
Sec. 58. [LOAN WORK PLAN.]
Notwithstanding the requirements of rules adopted pursuant
to Minnesota Statutes, section 115A.0716, that prevent the use
of funds for costs incurred before the term of the agreement,
the director shall disburse loan funds awarded to United
Recycling, Inc., provided that the director has approved a new
project proposal that includes performance goals for carpet
recycling and demonstrates the financial viability of the
recycling enterprise.
Sec. 59. [WATER QUALITY COST-BENEFIT MODEL SCOPING TASK
FORCE.]
The commissioner of the pollution control agency shall
convene a task force comprising of no more than three
representatives each from industry, municipalities, watershed
management groups, labor, agriculture, and environmental groups
within 30 days of the effective date of this section. The task
force shall select an entity to conduct a scoping study for a
cost-benefit model to analyze water quality standards. The
scoping study shall include: a watershed-based approach that
evaluates both point and nonpoint pollution sources, the extent
of the costs and benefits to be evaluated, the necessary
elements of the model, a model that is transferable to other
watersheds and standards, and the characteristics of the
watersheds and standards to be evaluated. By October 15, 1998,
the task force shall review the completed scoping study and make
recommendations on the scope, cost, and time frame for
development of the model to the commissioner and to the chairs
of the house and senate environment and natural resources
committees, the chair of the house environment, natural
resources, and agriculture finance committee, and the chair of
the senate environment and agriculture budget division.
Sec. 60. [ANALYSIS AND SALE OF LAKESHORE LEASED LOTS.]
Subdivision 1. [ANALYSIS OF LOTS.] By January 15, 1999,
the commissioner of natural resources must submit a report to
the chairs of the senate and house environment and natural
resources committees, the chair of the house environment,
natural resources, and agriculture finance committee, the chair
of the senate environment and agriculture budget division, the
chairs of the senate children, families and learning committee,
and the chair of the house education committee, including the
results of the field inspection required by this section,
recommendations on appropriations needed to accomplish this
section, and additional recommendations on methods to preserve
public lakeshore in the state. The commissioner must conduct a
field inspection of all lands leased pursuant to Minnesota
Statutes, section 92.46, subdivision 1. The commissioner shall
identify all lots within the following classifications:
(1) sale of the lot would create a block of contiguous
property that could result in a shift in land use from
residential to commercial development;
(2) the lot should remain in public ownership in order to
provide public access to the lake where it is located;
(3) the lot is part of the trust land in Horseshoe Bay, as
referenced in Laws 1997, chapter 216, section 151;
(4) the lot contains all or part of an unusual resource,
such as a historical or archaeological site, or a sensitive
ecological resource, or contains high quality habitat, or has a
high scenic value;
(5) the lot is not in compliance with state law concerning
on-site sewage treatment or minimum lot size requirements for
development, or the lot is hydrologically unsuitable for future
development; and
(6) the lot provides access for adjacent state land.
Subd. 2. [SCHOOL TRUST LAKESHORE LOTS; EXCHANGE AND SALE.]
(a) For each parcel of land that does not meet the criteria in
subdivision 1, the commissioner must preserve the assets of the
school trust pursuant to this subdivision.
(b) The commissioner must attempt to establish a land
exchange with each lessee. The lessee and the commissioner must
attempt to agree on a parcel of private lakeshore land to be
used for the land exchange. If the lessee obtains an option to
purchase the parcel, the commissioner must conduct an appraisal
and a survey of both parcels of land at the lessee's expense.
If the commissioner determines that the parcel offered by the
lessee is of equal or greater value than the trust land, the
commissioner must submit the proposed exchange to the land
exchange board, as defined in Minnesota Statutes, section
94.341, for approval. Notwithstanding Minnesota Statutes,
sections 94.342 to 94.347, the land exchange board shall
determine the procedures for approval of individual land
exchanges, subject to the requirements of the Minnesota
Constitution and this section. Any exchange under this
paragraph must be submitted to the land exchange board by July
1, 2004.
(c) By December 15, 2004, the commissioner must submit a
list of each parcel of land that has not been exchanged pursuant
to paragraph (b) to the house and senate environment and natural
resource committees. The list submitted by the commissioner
must include recommendations for sale or retention of the
remaining individual parcels. Subject to approval by the
legislature, the commissioner must sell parcels approved for
sale by public sale at the expiration of the lease term using a
sealed bid procedure under the remaining provisions of Minnesota
Statutes, chapter 92. After approval of sale by the
legislature, a lessee of land approved for sale may request
during the remainder of the lease term that lands leased by the
lessee be sold at a public sale pursuant to this section within
one year of the request.
(d) The commissioner must mail notice of this section to
each lessee by July 1, 1998.
Sec. 61. [REPEALER.]
(a) Minnesota Statutes 1997 Supplement, section 85.015,
subdivision 1c, as amended by this act, is repealed effective
June 30, 1999.
(b) Laws 1991, chapter 275, section 3, is repealed.
Sec. 62. [EFFECTIVE DATE.]
Section 31 is effective January 1, 1998. Sections 28 and
29 are effective January 1, 1999. Section 23 is effective July
1, 1999. Section 52 is effective the day following final
enactment and applies to new applications submitted after that
date. The remainder of this act is effective the day following
final enactment.
Presented to the governor April 10, 1998
Signed by the governor April 21, 1998, 10:02 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes