Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 231-S.F.No. 2226
An act relating to state government; appropriating
money for environmental, natural resources, and
agricultural purposes; establishing and modifying
certain programs; providing for regulation of certain
activities and practices; providing for accounts,
assessments, and fees; amending Minnesota Statutes
1998, sections 14.386; 16A.531, by adding a
subdivision; 16B.171, as amended; 17.03, by adding a
subdivision; 17.038; 17.102, subdivision 4; 17.109,
subdivision 1; 17.115, subdivision 3; 17.116,
subdivision 3; 17.117, subdivision 3; 17.136; 17.457,
subdivision 10; 17.59, subdivision 5; 17.85; 17.982,
subdivision 1; 17.983, subdivision 1; 17A.11; 17B.15,
subdivision 1; 18B.05, subdivision 1; 18B.26,
subdivision 5; 18C.131; 18E.02, subdivision 5; 18E.03,
subdivision 1; 21.115; 21.116; 21.90, subdivision 3;
21.92; 25.39, subdivision 4; 27.07, subdivision 6;
28A.075; 28A.08, subdivision 3, as amended; 29.22,
subdivision 5; 31.101, subdivision 10; 31.94; 31.95,
subdivision 3a; 31A.01; 31A.02, subdivision 4, and by
adding subdivisions; 31A.15, subdivision 1; 31A.21,
subdivisions 1 and 3; 31A.31; 32.21, subdivision 4;
32.394, subdivision 9; 35.02, subdivision 1; 35.04;
35.05; 35.08; 35.09, subdivisions 2 and 2a; 35.67;
35.68; 35.82, subdivisions 1b, 2, and 3; 35.92,
subdivision 5; 35.93, subdivision 1; 41B.044,
subdivision 2; 84.027, subdivision 15; 84.0855,
subdivision 2, and by adding a subdivision; 84.81, by
adding a subdivision; 84.8205, by adding a
subdivision; 84.83, subdivisions 3 and 4; 84.86,
subdivision 1; 84.862, subdivisions 1 and 2; 84.872,
subdivision 1; 84.91, subdivision 1; 84.98,
subdivision 6; 85.015, subdivision 4, and by adding a
subdivision; 85.019, subdivision 2, and by adding
subdivisions; 85.40, subdivision 5; 85.41,
subdivisions 1, 4, and 5; 85.42; 85.44; 85.45,
subdivision 1; 86B.415; 88.067; 89A.01, by adding a
subdivision; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06;
89A.07, subdivisions 3 and 5; 89A.10; 92.45; 92.46,
subdivision 1; 97B.020; 103B.227, subdivision 2;
103F.515, subdivision 2; 103G.271, subdivision 6;
115.55, subdivision 5a; 115A.02; 115A.908, subdivision
2; 115B.39, subdivision 2; 115B.40, subdivisions 2, 3,
4, 5, 6, 7, and 8; 115B.405, subdivision 1; 115B.42;
115B.43, subdivision 1; 115B.442, by adding a
subdivision; 116.07, subdivision 7; 116.072, by adding
a subdivision; 116.073, subdivisions 1 and 2; 156.001,
subdivisions 2, 3, and by adding a subdivision;
156.01, subdivision 3; 156.02, subdivisions 1 and 2;
156.03; 156.072; 156.10; 156.11; 156.12, subdivisions
2 and 4; 169.121, subdivision 3; 169.1217, subdivision
9; 169.123, subdivision 1; 171.07, subdivisions 12 and
13; 223.17, subdivision 3; 231.16; 232.22, subdivision
3; 233.08; 236.02, subdivision 4; 239.791,
subdivisions 1, 12, and by adding subdivisions;
290.431; 290.432; 296A.18, subdivision 3; 297H.13,
subdivision 5; 325E.11; 325E.112, subdivisions 1, 3,
and 4; 325E.113; 500.24, subdivisions 2 and 3;
574.263; and 574.264, subdivision 1; Laws 1995,
chapter 220, section 142, as amended; Laws 1996,
chapter 351, section 2, as amended; Laws 1998,
chapters 401, section 53; 404, section 7, subdivisions
23 and 26; and Laws 1999, chapters 4, section 2; and
161, section 44; proposing coding for new law in
Minnesota Statutes, chapters 17; 18E; 28A; 31B; 84;
103G; 115B; 116; and 156; repealing Minnesota Statutes
1998, sections 31A.28; 35.245; 35.96, subdivision 4;
42.01; 42.02; 42.03; 42.04; 42.05; 42.06; 42.07;
42.08; 42.09; 42.10; 42.11; 42.12; 42.13; 42.14;
86B.415, subdivision 7a; 446A.21; and 473.845,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "1999," "2000," and "2001," where used in this
article, mean that the appropriation or appropriations listed
under them are available for the year ending June 30, 1999, June
30, 2000, or June 30, 2001, respectively. The term "the first
year" means the year ending June 30, 2000, and the term "the
second year" means the year ending June 30, 2001.
SUMMARY BY FUND
1999 2000 2001 TOTAL
General $215,771,000 $208,447,000 $424,218,000
Petroleum Tank 3,583,000 3,393,000 6,976,000
State Government
Special Revenue 44,000 45,000 89,000
Special Revenue 523,000 200,000 723,000
Environmental 21,744,000 22,184,000 43,928,000
Solid Waste 7,153,000 7,229,000 14,382,000
Natural
Resources 26,406,000 25,832,000 52,238,000
Game and Fish 60,413,000 61,521,000 121,934,000
Minnesota
Future Resources 16,040,000 -0- 16,040,000
Environmental
Trust 991,000 13,005,000 13,005,000 27,001,000
Great Lakes
Protection 200,000 -0- 200,000
TOTAL 991,000 364,882,000 341,856,000 707,729,000
APPROPRIATIONS
Available for the Year
Ending June 30
2000 2001
Sec. 2. POLLUTION CONTROL
AGENCY
Subdivision 1. Total
Appropriation 48,018,000 48,210,000
Summary by Fund
General 16,875,000 17,074,000
Petroleum Tank 3,583,000 3,393,000
State Government
Special Revenue 44,000 45,000
Special Revenue 323,000 -0-
Environmental 20,140,000 20,569,000
Solid Waste 7,053,000 7,129,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Up to $300,000 in the first year and
$300,000 in the second year may be
redirected by the commissioner from the
program appropriations in subdivisions
2 to 5 for purposes of reducing the
length of time needed to process
feedlot permits and to provide
technical assistance to county feedlot
programs and feedlot owners. Not later
than February 15, 2000, the
commissioner must report on the sources
of redirected funds and the impact of
redirection on other programs of the
agency to the chairs of the senate and
house of representatives committees
with jurisdiction over environmental
finance.
Subd. 2. Protection of the Water
15,984,000 16,008,000
Summary by Fund
General 13,074,000 13,283,000
State Government
Special Revenue 44,000 45,000
Environmental 2,616,000 2,680,000
Petroleum tank 250,000 -0-
$2,348,000 the first year and
$2,348,000 the second year are for
grants to local units of government for
the clean water partnership program.
The amount of this appropriation above
the base is for Phase II implementation
projects. Any unencumbered balance
remaining in the first year does not
cancel and is available for the second
year of the biennium.
$1,470,000 the first year and
$1,841,000 the second year are for
grants for county administration of the
feedlot permit program. These amounts
are transferred to the board of water
and soil resources for disbursement in
accordance with Minnesota Statutes,
section 103B.3369, in cooperation with
the pollution control agency. Grants
must be matched with a combination of
local cash and/or in-kind
contributions. Counties receiving
these grants shall submit an annual
report to the pollution control agency
regarding activities conducted under
the grant, expenditures made, and local
match contributions. First priority
for funding shall be given to counties
that have requested and received
delegation from the pollution control
agency for processing of animal feedlot
permit applications under Minnesota
Statutes, section 116.07, subdivision
7. Delegated counties shall be
eligible to receive a grant of either:
$50 multiplied by the number of
livestock or poultry farms with sales
greater than $10,000, as reported in
the 1997 Census of Agriculture,
published by the United States Bureau
of Census; or $80 multiplied by the
number of feedlots with greater than
ten animal units as determined by a
level 2 or level 3 feedlot inventory
conducted in accordance with the
Feedlot Inventory Guidebook published
by the board of water and soil
resources, dated June 1991. To receive
the additional funding that is based on
the county feedlot inventory, the
county shall submit a copy of the
inventory to the pollution control
agency. Any remaining money is for
distribution to all counties on a
competitive basis through the challenge
grant process for the conducting of
feedlot inventories, development of
delegated county feedlot programs, and
for information and education or
technical assistance efforts to reduce
feedlot-related pollution hazards. Any
money remaining after the first year is
available for the second year.
$94,000 the first year and $97,000 the
second year are for compliance
activities and air quality monitoring
to address hydrogen sulfide emissions
from animal feedlots. The air quality
monitoring must include the use of
portable survey instruments.
$1,043,000 the first year and
$1,048,000 the second year are for
water monitoring activities.
$320,000 the first year and $322,000
the second year are for community
technical assistance and education,
including grants and technical
assistance to communities for local and
basin-wide water quality protection.
$201,000 the first year and $202,000
the second year are for individual
sewage treatment system (ISTS)
administration. Of this amount, $86,000
in each year is transferred to the
board of water and soil resources for
assistance to local units of government
through competitive grant programs for
ISTS program development.
$200,000 in each year is for individual
sewage treatment system grants. Any
unexpended balance in the first year
does not cancel, but is available in
the second year.
$250,000 the first year and $500,000
the second year are for studies to
determine total maximum daily load
allocations to improve water quality.
$300,000 each year is for continuing
research on malformed frogs. This is a
one-time appropriation.
$126,000 is for administration of the
wastewater infrastructure fund (WIF)
construction program. This is a
one-time appropriation.
$250,000 the first year,
notwithstanding Minnesota Statutes,
section 115C.08, subdivision 4, is from
the petroleum tank release fund for the
following purposes: (1) to purchase
and distribute emergency spill response
equipment, such as spill containment
booms, sorbent pads, and installation
tools, along the Mississippi river
upstream of drinking water intakes at
the locations designated by the agency
in consultation with the Mississippi
River Defense Network; (2) to purchase
mobile trailers to contain the
equipment in clause (1) so that rapid
deployment can occur; and (3) to
conduct spill response training for
those groups of responders receiving
the spill response equipment described
in clause (1). The agency shall
develop and administer protocol for the
use of the equipment among all
potential users, including private
contract firms, public response
agencies, and units of government. Any
money remaining after the first year is
available for the second year. This is
a one-time appropriation.
$200,000 the first year is for a grant
to the University of Minnesota center
for rural technology and cooperative
development for the continued
development of water quality
cooperatives that own or control
alternative discharging sewage systems
as defined in Minnesota Statutes,
section 115.58, subdivision 1. The
university must study and prepare a
report to the legislature on the
barriers to financing and permitting
cost-effective innovative or
alternative sewage treatment
technologies, systems, methods, and
processes under existing statutes,
agency rules, and practices, and on the
potential for such treatment
technologies for reducing point and
nonpoint sources of water pollution.
As a condition of this grant, the
university 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.* (The preceding text
beginning "$200,000 the first year" was
vetoed by the governor.)
$100,000 for the biennium is for a
grant to the city of Garrison for the
Garrison, Kathio, West Mille Lacs Lake
Sanitary District for the cost of
environmental studies, planning, and
legal assistance for sewage treatment
purposes. This is a one-time
appropriation.
Until July 1, 2001, the agency shall
not approve additional fees on animal
feedlot operations.
Subd. 3. Protection of the Air
8,194,000 8,023,000
Summary by Fund
General 181,000 142,000
Special Revenue 323,000 -0-
Environmental 7,690,000 7,881,000
Up to $150,000 the first year and
$150,000 the second year may be
transferred to the small business
environmental improvement loan account
established in Minnesota Statutes,
section 116.994.
$200,000 each year from the
environmental fund is for a monitoring
program under Minnesota Statutes,
section 116.454.
$181,000 the first year and $142,000
the second year are for mercury
reduction strategies other than
education programs.
Subd. 4. Protection of the
Land
16,808,000 17,079,000
Summary by Fund
General 1,722,000 1,746,000
Petroleum Tank 2,891,000 2,951,000
Environmental 6,278,000 6,417,000
Solid Waste 5,917,000 5,965,000
All money in the environmental
response, compensation, and compliance
account in the environmental fund not
otherwise appropriated is appropriated
to the commissioners of the pollution
control agency and the department of
agriculture for purposes of Minnesota
Statutes, section 115B.20, subdivision
2, clauses (1), (2), (3), (4), (10),
(11), and (12). At the beginning of
each fiscal year, the two commissioners
shall jointly submit an annual spending
plan to the commissioner of finance
that maximizes the utilization of
resources and appropriately allocates
the money between the two agencies.
This appropriation is available until
June 30, 2001.
The agency's annual performance reports
required for this biennium under
Minnesota Statutes, section 15.91, must
specify the amount of lead, mercury,
and cadmium contained in sewage
biosolids spread on the land after
wastewater treatment.
$136,000 the first year and $139,000
the second year are from the solid
waste fund for staff and associated
expenses related to permitting,
compliance, and response actions at
eligible facilities under Minnesota
Statutes, section 473.845.
$196,000 the first year and $200,000
the second year are from the solid
waste fund to be transferred to the
department of health for private water
supply monitoring and health assessment
costs in areas contaminated by
unpermitted mixed municipal solid waste
disposal facilities.
$550,000 the first year and $550,000
the second year are from the petroleum
tank release fund for purposes of the
leaking underground storage tank
program to protect the land.
$85,000 the first year is from the
solid waste fund for a grant to Benton
county to pay the principal amount due
in fiscal year 2000 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.
Subd. 5. General Support
7,032,000 7,100,000
Summary by Fund
General 1,898,000 1,903,000
Petroleum Tank 442,000 442,000
Environmental 3,556,000 3,591,000
Solid Waste 1,136,000 1,164,000
Sec. 3. OFFICE OF ENVIRONMENTAL
ASSISTANCE 21,538,000 21,776,000
Summary by Fund
General 20,270,000 20,503,000
Environmental 1,268,000 1,273,000
$14,008,000 each year is for SCORE
block grants to counties.
Any unencumbered grant and loan
balances in the first year do not
cancel but are available for grants and
loans in the second year.
All money in the metropolitan landfill
abatement account in the environmental
fund not otherwise appropriated is
appropriated to the office of
environmental assistance for the
purposes of Minnesota Statutes, section
473.844.
Notwithstanding Minnesota Statutes,
section 115A.54, subdivision 2a,
paragraph (h), and rules of the office
of environmental assistance, an
applicant that receives a grant from
money appropriated in Laws 1998,
chapter 404, section 8, for less than
25 percent of the total capital costs
of a project may be issued a second
grant for capital costs of the project
from other money appropriated for
capital assistance grants. For the
purpose of the grants issued under this
item, each grant phase of the project
shall be considered a separate project,
but not for purposes of determining the
maximum grant assistance as provided in
Minnesota Statutes, section 115A.54,
subdivision 2a.
$65,000 of the remaining balance of the
funds appropriated pursuant to Laws
1988, chapter 685, section 43, is
reappropriated for purposes of
education of the public and businesses
on the proper disposal of used motor
oil, used motor oil filters, and other
automotive wastes.
Sec. 4. ZOOLOGICAL BOARD 7,149,000 7,229,000
Sec. 5. NATURAL RESOURCES
Subdivision 1. Total
Appropriation 207,502,000 202,510,000
Summary by Fund
General 120,616,000 115,091,000
Natural Resources 26,373,000 25,798,000
Game and Fish 60,413,000 61,521,000
Solid Waste 100,000 100,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Mineral Resources Management
5,054,000 5,164,000
$312,000 the first year and $313,000
the second year are for iron ore
cooperative research, of which $225,000
the first year and $225,000 the second
year are available only as matched by
$1 of nonstate money for each $1 of
state money. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
$378,000 the first year and $379,000
the second year are for mineral
diversification. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
$101,000 the first year and $101,000
the second year are for minerals
cooperative environmental research, of
which $50,500 the first year and
$50,500 the second year are available
only as matched by $1 of nonstate money
for each $1 of state money. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year.
Subd. 3. Water Resources Management
15,215,000 12,559,000
Summary by Fund
General 14,953,000 12,290,000
Natural Resources 262,000 269,000
$170,000 the first year and $170,000
the second year are for a grant to the
Mississippi headwaters board for up to
50 percent of the cost of implementing
the comprehensive plan for the upper
Mississippi within areas under its
jurisdiction.
$17,000 the first year and $17,000 the
second year are for payment to the
Leech Lake Band of Chippewa Indians to
implement its portion of the
comprehensive plan for the upper
Mississippi.
$502,000 the first year and $503,000
the second year are for water
monitoring activities, including
gauging of priority lakes and
watersheds, dissemination of
information, replacement of equipment,
and installation of observation wells,
groundwater sensitivity maps, and
documentation.
$25,000 the first year and $25,000 the
second year are for a grant to the
joint powers board established under
Minnesota Statutes, section 471.59, for
the Lewis and Clark rural water system.
$1,950,000 the first year and
$1,000,000 the second year are for
grants to watershed districts located
within the Red river basin for flood
damage reduction projects and
activities associated with the
implementation of the mediation
agreement, including comprehensive
watershed plans, agency
interdisciplinary teams for each
watershed in the Red river valley, and
a basin information repository,
including data on flood flows and water
supply.
$468,000 the first year is for the
construction of ring dikes under
Minnesota Statutes, section 103F.161.
The ring dikes may be publicly or
privately owned. This is a one-time
appropriation.
$1,100,000 the first year is for the
stream protection and redevelopment
loan program under Minnesota Statutes,
section 103G.705.
$116,000 the first year and $116,000
the second year are for grants to the
counties of Beltrami, Marshall, and
Roseau for the payment of unpaid back
ditch assessments on state lands.* (The
preceding text beginning "$116,000 the
first year" was vetoed by the governor.)
$20,000 in fiscal year 2000 is for a
feasibility study of raising the
control elevation of Coon Lake in Anoka
county. The study must be completed by
February 1, 2000.
$200,000 the first year and $150,000
the second year are for a grant to the
Cannon river watershed partnership for
protection, conservation, and
enhancement of the ecological integrity
of the Cannon river watershed. The
grant the second year is contingent
upon the establishment of a joint
powers board by the counties of Steele,
Rice, Goodhue, LeSueur, Waseca, and
Dakota, and any cities and towns within
the counties, to prepare a land use
management and recreation plan for the
Cannon river watershed; and to
eventually provide grant programs for
protection, conservation, and
enhancement of the ecological integrity
of the Cannon river watershed. The
goal of the plan is to protect the
river system's natural beauty,
environment, and water quality. The
purpose of the plan is to assist local
units of government within the Cannon
river watershed to adequately plan for
the protective management of the river
within their jurisdiction. The plan
and programs must meet or exceed the
requirements of state shoreland,
floodplain, and wild and scenic river
laws. The joint powers board must seek
available federal funding, and funding
or in-kind services from organizations
and local units of government to
complete the plan and implement the
program. This is a one-time
appropriation.
$118,000 is for a grant to the city of
Thief River Falls to finish dredging
projects within the city on the Red
Lake river and the Thief river. This
appropriation is in addition to the
appropriation in Laws 1997, chapter
216, section 5, subdivision 3. This
appropriation is available to the
extent matched by an equal amount of
nonstate money until June 30, 2001.
This is a one-time appropriation.
Subd. 4. Forest Management
34,670,000 35,175,000
Summary by Fund
General 34,207,000 34,701,000
Natural Resources 463,000 474,000
$3,599,000 the first year and
$3,688,000 the second year are for
presuppression and suppression costs of
emergency fire fighting. If the
appropriation for either year is
insufficient to cover all costs of
suppression, the amount necessary to
pay for emergency firefighting expenses
during the biennium is appropriated
from the general fund. If money is
spent under the appropriation in the
preceding sentence, the commissioner of
natural resources shall, by 15 days
after the end of the following quarter,
report on how the money was spent to
the chairs of the house of
representatives ways and means
committee, the environment and
agriculture budget division of the
senate environment and natural
resources committee, and the house of
representatives environment and natural
resources finance committee. The
appropriations may not be transferred.
$722,000 the first year and $724,000
the second year are for programs and
practices on state, county, and private
lands to regenerate and protect
Minnesota's white pine. Up to $280,000
of the appropriation in each year may
be used by the commissioner to provide
50 percent matching funds to implement
cultural practices for white pine
management on nonindustrial, private
forest lands at rates specified in the
Minnesota stewardship incentives
program manual. Up to $150,000 of the
appropriation in each year may be used
by the commissioner to provide funds to
implement cultural practices for white
pine management on county-administered
lands through grant agreements with
individual counties, with priorities
for areas that experienced wind damage
in July 1995. $40,000 each year is for
a study of the natural regeneration
process of white pine. The remainder
of the funds in each fiscal year will
be available to the commissioner for
white pine regeneration and protection
on department-administered lands.
The commissioner may contract with and
make grants to nonprofit agencies to
carry out the purposes, plans, and
programs of the office of youth
programs, Minnesota conservation corps.
$61,000 the first year and $62,000 the
second year are for the focus on
community forests program, to provide
communities with natural resources
technical assistance.
$225,000 the first year is for grants
to local community forest ecosystem
health programs. This appropriation is
available until June 30, 2001. The
commissioner of natural resources shall
allocate individual grants of up to
$25,000 to local communities that match
the grants with nonstate money to
undertake projects that improve the
health of forest ecosystems, including
insect and disease suppression
programs, community-based forest health
education programs, and other
arboricultural treatments.
$100,000 the first year and $100,000
the second year are an increase in the
base appropriation for the Minnesota
conservation corps program activities.
$500,000 each year is for the
activities of the forest resources
council. This is a one-time
appropriation.
Subd. 5. Parks and Recreation
Management
30,210,000 30,850,000
Summary by Fund
General 29,576,000 30,214,000
Natural Resources 634,000 636,000
$634,000 the first year and $636,000
the second year are from the water
recreation account in the natural
resources fund for state park
development projects. If the
appropriation in either year is
insufficient, the appropriation for the
other year is available for it.
$4,500,000 the first year and
$4,500,000 the second year are for
payment of a grant to the metropolitan
council for metropolitan area regional
parks and trails maintenance and
operation. $1,500,000 each year is a
one-time appropriation.
$50,000 the first year is for a grant
to the city of Taylors Falls for fire
and rescue operations in support of
Interstate park.
Notwithstanding any law to the
contrary, effective the day following
final enactment, the commissioner of
natural resources may enter into a
30-year lease with the Minneapolis park
and recreation board for the golf
course and polo grounds at Fort
Snelling. The land to be leased shall
be used for recreation purposes in the
development of athletic fields
connected with the property. The
commissioner of natural resources is
not obligated to make improvements on
the leased property.
Subd. 6. Trails and Waterways
Management
20,567,000 17,622,000
Summary by Fund
General 3,967,000 2,083,000
Natural Resources 14,703,000 13,931,000
Game and Fish 1,897,000 1,608,000
$4,649,000 the first year and
$4,649,000 the second year are from the
snowmobile trails and enforcement
account in the natural resources fund
for snowmobile grants-in-aid.
$256,000 the first year and $257,000
the second year are from the water
recreation account in the natural
resources fund for a safe harbor
program on Lake Superior. Any
unencumbered balance at the end of the
first year does not cancel and is
available for the second year.
$500,000 the first year and $1,000,000
the second year are from the natural
resources fund for expansion of
off-highway vehicle facilities. Of
these amounts, $200,000 the first year
and $400,000 the second year are from
the all-terrain vehicle account,
$75,000 the first year and $150,000 the
second year are from the off-highway
motorcycle account, and $225,000 the
first year and $450,000 the second year
are from the off-road vehicle account
in the natural resources fund. This
appropriation is available until
expended.
$1,500,000 the first year and $75,000
the second year are from the natural
resources fund to plan, acquire,
develop, and operate the Iron Range
off-highway vehicle recreation area.
The first year appropriation is
one-time and available until expended.
Of the amount appropriated the first
year, $750,000 is from the all-terrain
vehicle account, $600,000 is from the
off-road vehicle account, and $150,000
is from the off-highway motorcycle
account. Of the amount appropriated in
the second year, $37,500 is from the
all-terrain vehicle account, $30,000 is
from the off-road account, and $7,500
is from the off-highway motorcycle
account. The appropriations are
available until expended.
$100,000 the first year is for the
planning, development, and construction
of the Gitchi-Gami trail on the north
shore of Lake Superior. The trail must
be designed primarily for hiking and
bicycling and must connect communities,
state parks, and other points of
interest along the north shore.
$175,000 is for a grant to the Ramsey
county board of commissioners and the
Washington county board of
commissioners to cooperatively develop
a master plan, with the cooperation and
assistance of the Minnesota parks and
trails council, for a trail around
Silver Lake, a White Bear Lake to
Stillwater regional trail, a trail and
route around White Bear Lake and trail
connections with the Gateway trail and
other state or regional trails within
the counties. The master plan must be
developed with the cities of North St.
Paul, Maplewood, Oakdale, Birchwood,
Dellwood, Mahtomedi, and White Bear
Lake, White Bear township, and the
departments of natural resources and
transportation. This is a one-time
appropriation.
$500,000 the first year is for
development of nonpaved alternate
trails that are adjacent to the
Heartland and Paul Bunyan state trails.
$50,000 is for planning and
archaeological costs of a multiuse
trail connecting the Douglas trail in
Rochester with Chester Woods county
park and the cities of Eyota and Dover.
$200,000 the first year is for
construction of a snowmobile trail to
connect the Willard Munger state trail
at Hermantown to the North Shore state
trail in Duluth.
The amount raised from the sale of
metal traction device stickers under
Minnesota Statutes, section 84.8715,
prior to June 30, 1999, is appropriated
in fiscal year 1999 for the repair of
paved public trails damaged by
snowmobiles. This appropriation is
available until spent.
By January 15, 2001, the commissioner
shall make recommendations to the
governor and legislature on retaining
the interest earnings in accounts
within the natural resources fund.
$900,000 is to the city of St. Paul for
the acquisition of the portion of the
Trout Brook Corridor located between
Maryland Avenue, I-35E, Cayuga Street,
and Agate Street. The lands shall be
acquired for the reestablishment of
natural habitat, as well as passive
recreational and environmental
educational opportunities. This is a
one-time appropriation.
Subd. 7. Fish and Wildlife Management
46,970,000 47,675,000
Summary by Fund
General 8,331,000 8,046,000
Natural Resources 2,091,000 2,132,000
Game and Fish 36,548,000 37,497,000
$316,000 the first year and $322,000
the second year are for resource
population surveys in the 1837 treaty
area. Of this amount, $108,000 the
first year and $109,000 the second year
are from the game and fish fund.
$965,000 the first year and $985,000
the second year are from the nongame
wildlife management account in the
natural resources fund for the purpose
of nongame wildlife management. Any
unencumbered balance remaining in the
first year does not cancel but is
available the second year.
$1,391,000 the first year and
$1,420,000 the second year are for the
reinvest in Minnesota programs of game
and fish, critical habitat, and
wetlands established under Minnesota
Statutes, section 84.95, subdivision
2. Any unencumbered balance for the
first year does not cancel but is
available for use the second year.
$1,401,000 the first year and
$1,409,000 the second year are from the
wildlife acquisition account for only
the purposes specified in Minnesota
Statutes, section 97A.071, subdivision
2a.
$1,203,000 the first year and
$1,222,000 the second year are from the
deer habitat improvement account for
only the purposes specified in
Minnesota Statutes, section 97A.075,
subdivision 1, paragraph (b).
$147,000 the first year and $147,000
the second year are from the deer and
bear management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
1, paragraph (c).
$682,000 the first year and $691,000
the second year are from the waterfowl
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
2.
$658,000 the first year and $662,000
the second year are from the trout and
salmon management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
3.
$546,000 the first year and $546,000
the second year are from the pheasant
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
4. In addition to the purposes
specified in Minnesota Statutes,
section 97A.075, subdivision 4, this
appropriation may be used for pheasant
restocking efforts.
$84,000 the first year and $85,000 the
second year are from the wild turkey
management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
5.
$25,000 the first year is to publicize
the critical habitat license plate
match program and $25,000 the second
year is to publicize the tax donation
checkoff to the nongame wildlife
program.
$299,000 the first year and $303,000
the second year are from the game and
fish fund for activities relating to
reduction and prevention of property
damage by wildlife. $50,000 each year
is for emergency damage abatement
materials.
$100,000 the first year and $100,000
the second year are for water
monitoring activities, including
integrated monitoring using biology,
chemistry, hydrology, and habitat
assessment for water quality assessment.
$25,000 is for an independent actuarial
study of the fee structure for lifetime
hunting and fishing licenses.
$1,565,000 the first year and
$1,565,000 the second year are for
field operation costs associated with
the division of wildlife and fish.
Eighty-five percent of this
appropriation must be used for regional
field operations. The commissioner
must provide a report by February 1,
2000, to the legislative finance
committees on natural resources on how
and where the money for regional field
operations has been spent.* (The text
"and $1,565,000 the second year" in the
preceding paragraph was vetoed by the
governor.)
$500,000 the first year and $500,000
the second year are for expansion of
the walleye stocking program.* (The
text "and $500,000 the second year" in
the preceding sentence was vetoed by
the governor.)
$100,000 the first year is for grants
for the joint development with the
Minnesota office of the National
Audobon Society to be split equally
between the Minnesota river valley
birding trail and a Mississippi river
valley birding trail. The Mississippi
river parkway commission also shall
assist with the Mississippi river
valley birding trail. The grants shall
be available to support initial
planning and design for the trails. A
work plan for each trail must be
approved by the department of natural
resources. The appropriation is
available for the biennium ending June
30, 2001.
Subd. 8. Enforcement
21,856,000 22,001,000
Summary by Fund
General 3,874,000 3,645,000
Natural Resources 4,596,000 4,652,000
Game and Fish 13,286,000 13,604,000
Solid Waste 100,000 100,000
$1,082,000 the first year and
$1,082,000 the second year are from the
water recreation account in the natural
resources fund for grants to counties
for boat and water safety.
$100,000 each year is from the solid
waste fund for solid waste enforcement
activities under Minnesota Statutes,
section 116.073.
$400,000 each year from the snowmobile
trails and enforcement account in the
natural resources fund is for grants to
local law enforcement agencies for
snowmobile enforcement activities above
and beyond current levels of local law
enforcement activities.
$302,000 the first year is for
conversion to the Minnesota state
patrol's 800 MHz radio system in the
nine-county metropolitan area.
Overtime shall be distributed to
conservation officers at historical
levels. If funding for enforcement is
reduced because of an unallotment, the
overtime bank may be reduced in
proportion to reductions made in other
areas of the budget.
$40,000 the first year and $40,000 the
second year are from the natural
resources fund for enforcement
activities relating to the Iron Range
off-highway vehicle recreation area.
Of the amount appropriated, $40,000 is
from the all-terrain vehicle account,
$32,000 is from the off-road vehicle
account, and $8,000 is from the
off-highway motorcycle account.
$130,000 the first year and $130,000
the second year are to continue the
enforcement community liaison officers
program.
If Minnesota Statutes, section 86B.415,
subdivision 7a, is repealed, a refund
of the $50 surcharge shall be issued by
the commissioner to any person who
demonstrates having paid the fee.
Subd. 9. Operations Support
32,960,000 31,464,000
Summary by Fund
General 20,654,000 18,948,000
Natural Resources 3,624,000 3,704,000
Game and Fish 8,682,000 8,812,000
$429,000 the first year and $432,000
the second year are for the community
assistance program to provide for
technical assistance and regional
resource enhancement grants.
$344,000 the first year and $348,000
the second year are for technical
assistance and grants to assist local
government units and organizations in
the metropolitan area to acquire and
develop natural areas and greenways.
$50,000 each year is to maintain the
state parks Southeast Asian
environmental education program.
$700,000 the first year and $500,000
the second year are for information
technology projects.
$2,500,000 the first year and $500,000
the second year are for statewide asset
preservation and repair.
Electronic licensing under Minnesota
Statutes, section 84.027, subdivision
15, other than by telephone or Internet
transaction, may not be implemented
until March 1, 2000. The commissioner
shall review and analyze other types of
licensing systems and report to the
house and senate environmental finance
committees by January 15, 2000.
Sec. 6. BOARD OF WATER AND
SOIL RESOURCES 18,896,000 18,228,000
$5,480,000 the first year and
$5,480,000 the second year are for
natural resources block grants to local
governments. Of this amount, $50,000
each year is for a grant to the North
Shore Management Board, $35,000 each
year is for a grant to the St. Louis
River Board, $100,000 each year is for
a grant to the Minnesota River Basin
Joint Powers Board, and $27,000 each
year is for a grant to the Southeast
Minnesota Resources Board.
The board shall reduce the amount of
the natural resource block grant to a
county by an amount equal to any
reduction in the county's general
services allocation to a soil and water
conservation district from the county's
1998 allocation.
Grants must be matched with a
combination of local cash or in-kind
contributions. The base grant portion
related to water planning must be
matched by an amount that would be
raised by a levy under Minnesota
Statutes, section 103B.3369.
$4,120,000 the first year and
$4,120,000 the second year are for
grants to soil and water conservation
districts for cost-sharing contracts
for erosion control and water quality
management. Of this amount, $32,000
the first year is for a grant to the
Blue Earth county soil and water
conservation districts for stream bank
stabilization on the LeSueur river
within the city limits of St. Clair;
and at least $1,500,000 the first year
and $1,500,000 the second year are for
grants for cost-sharing contracts for
water quality management on feedlots.
Priority must be given to feedlot
operators who have received notices of
violation and for feedlots in counties
that are conducting or have completed a
level 2 or level 3 feedlot inventory.
This appropriation is available until
expended. If the appropriation in
either year is insufficient, the
appropriation in the other year is
available for it.
$189,000 the first year and $189,000
the second year are for grants to
watershed districts and other local
units of government in the southern
Minnesota river basin study area 2 for
floodplain management. If the
appropriation in either year is
insufficient, the appropriation in the
other year is available for it.
$1,203,000 the first year and $450,000
the second year are for the
administrative costs of easement and
grant programs.
Any unencumbered balance in the board's
program of grants does not cancel at
the end of the first year and is
available for the second year for the
same grant program. If the
appropriation in either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 7. MINNESOTA-WISCONSIN
BOUNDARY AREA COMMISSION 183,000 188,000
Summary by Fund
General 150,000 154,000
Natural Resources 33,000 34,000
This appropriation is only available to
the extent it is matched by an equal
amount from the state of Wisconsin.
$33,000 the first year and $34,000 the
second year are from the water
recreation account in the natural
resources fund for the St. Croix
management and stewardship program.
Sec. 8. CITIZENS COUNCIL ON
VOYAGEURS NATIONAL PARK 66,000 68,000*
(The preceding section was vetoed by the governor.)
Sec. 9. SCIENCE MUSEUM
OF MINNESOTA 1,164,000 1,164,000
Sec. 10. MINNESOTA ACADEMY
OF SCIENCE 41,000 41,000
$5,000 each year is for a program to
provide hands on science activities for
elementary school children.
Sec. 11. AGRICULTURE
Subdivision 1. Total
Appropriation 23,908,000 22,261,000
Summary by Fund
General 23,572,000 21,919,000
Environmental 336,000 342,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Protection Service
11,609,000 11,194,000
Summary by Fund
General 11,273,000 10,852,000
Environmental 336,000 342,000
$336,000 the first year and $342,000
the second year are from the
environmental response, compensation,
and compliance account in the
environmental fund.
$158,000 the first year and $158,000
the second year are for payment of
claims relating to livestock damaged by
threatened or endangered animal species
and agricultural crops damaged by elk.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$251,000 the first year and $502,000
the second year are for dairy
diagnostic teams.
$25,000 the first year and $25,000 the
second year are for activities of the
dairy producers board under Minnesota
Statutes, section 17.76.
$100,000 the first year is to conduct a
feasibility study for a joint agency
laboratory that will serve the
environmental laboratory needs of the
department of agriculture, department
of natural resources, pollution control
agency, and the Minnesota department of
health.
$900,000 the first year is for a grant
to the University of Minnesota to
pursue further research on diseases of
soybeans including, but not limited to,
soybean cyst nematode, white mold
(sclerotinia stem rot), phytophthora
root rot, and iron deficiency
chlorosis. A portion of this
appropriation may be designated for
research on specialty gene traits of
soybeans.
$100,000 is transferred from the
general fund to the seed potato
inspection account in the agriculture
fund for the administration and
enforcement of Minnesota Statutes,
sections 21.80 to 21.92. This
appropriation is to supplement the fees
paid by seed potato growers.
Subd. 3. Agricultural Marketing and Development
6,521,000 5,410,000
Notwithstanding Minnesota Statutes,
section 41A.09, subdivision 3a, the
total payments from the ethanol
development account to all producers
may not exceed $68,447,000 for the
biennium ending June 30, 2001. If the
total amount for which all producers
are eligible in a quarter exceeds the
amount available for payments, the
commissioner shall make the payments on
a pro rata basis. In fiscal year 2000,
the commissioner shall first reimburse
producers for eligible unpaid claims
accumulated through June 30, 1999.
$500,000 the first year is appropriated
to the rural finance authority for
making a loan under Minnesota Statutes,
section 41B.044. Principal and
interest payments on the loan must be
deposited in the ethanol development
account for producer payments under
Minnesota Statutes, section 41B.09.
By July 15, 1999, the commissioner
shall transfer the unencumbered cash
balance in the ethanol development fund
established in Minnesota Statutes,
section 41B.044, to the general fund.
$200,000 the first year is for a grant
from the commissioner to the Minnesota
Turkey Growers Association for
assistance to an entity that constructs
a facility that uses poultry litter as
a fuel for the generation of
electricity. This amount must be
matched by $1 of nonstate money for
each dollar of state money. This is a
one-time appropriation.
$50,000 the first year is for the
commissioner, in consultation with the
commissioner of economic development,
to conduct a study of the need for a
commercial shipping port at which
agricultural cooperatives or individual
farmers would have access to port
facilities. This is a one-time
appropriation.
$71,000 the first year and $71,000 the
second year are for transfer to the
Minnesota grown matching account and
may be used as grants for Minnesota
grown promotion under Minnesota
Statutes, section 17.109.
$100,000 the first year is for a grant
to the University of Minnesota
extension service for its farm safety
and health program. This is a one-time
appropriation.
$225,000 the first year and $75,000 the
second year are for grants to the
Minnesota agricultural education
leadership council for the planning and
implementation of initiatives enhancing
and expanding agricultural education in
rural and urban areas of the state.
Funds not used in the first year are
available for the second year. This is
a one-time appropriation.
$480,000 the first year and $420,000
the second year are to the commissioner
of agriculture for programs to
aggressively promote, develop, expand,
and enhance the marketing of
agricultural products from Minnesota
producers and processors. The
commissioner must enter into
collaborative efforts with the
department of trade and economic
development, the world trade center
corporation, and other public or
private entities knowledgeable in
market identification and development.
The commissioner may also contract with
or make grants to public or private
organizations involved in efforts to
enhance communication between producers
and markets and organizations that
identify, develop, and promote the
marketing of Minnesota agricultural
crops, livestock, and produce in local,
regional, national, and international
marketplaces. Grants may be provided
to appropriate organizations including
those functioning as marketing clubs,
to a cooperative known as Minnesota
Marketplace, and to recognized
associations of producers or processors
of organic foods or Minnesota grown
specialty crops. Beginning October 15,
1999, and 15 days after the close of
each calendar quarter thereafter, the
commissioner shall provide to the
senate and house committees with
jurisdiction over agriculture policy
and funding interim reports of the
progress toward accomplishing the goals
of this item. The commissioner shall
deliver a final report on March 1,
2001. If the appropriation for either
year is insufficient, the appropriation
for the other year is available. This
is a one-time appropriation that
remains available until expended.
$60,000 the second year is for grants
to farmers for demonstration projects
involving sustainable agriculture. If
a project cost is more than $25,000,
the amount above $25,000 must be
matched at the rate of one state dollar
for each dollar of nonstate money.
Priorities must be given for projects
involving multiple parties. Up to
$20,000 each year may be used for
dissemination of information about the
demonstration grant projects. If the
appropriation for either year is
insufficient, the appropriation for the
other is available.
$160,000 each year is for value-added
agricultural product processing and
marketing grants under Minnesota
Statutes, section 17.101, subdivision 5.
$450,000 the first year and $300,000
the second year are for continued
research of solutions and alternatives
for manure management and odor
control. This is a one-time
appropriation.
$50,000 the first year and $50,000 the
second year are for annual cost-share
payments to resident farmers for the
costs of organic certification. The
annual cost-share payments per farmer
shall be two-thirds of the cost of the
certification or $200, whichever is
less. A certified farmer is eligible
to receive annual certification
cost-share payments for up to five
years. $15,000 each year is for
organic market and program
development. This appropriation is
available until expended.
$30,000 the first year is to assess
producer production contracts under
section 205. This appropriation is
available until June 30, 2001.
Subd. 4. Administration and
Financial Assistance
5,778,000 5,657,000
$175,000 the first year and $175,000
the second year must be spent for the
WIC coupon program.
$49,000 the first year and $49,000 the
second year are for family farm
security interest payment adjustments.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it. No new
loans may be approved in fiscal year
2000 or 2001.
$234,000 the first year and $236,000
the second year are for the farm
advocates program.
$70,000 the first year and $70,000 the
second year are for the Northern Crops
Institute. These appropriations may be
spent to purchase equipment and are
available until spent.
$175,000 the first year and $175,000
the second year are for grants to
agriculture information centers. The
grants are only available on a match
basis. The funds may be released at
the rate of $4 of state money for each
$1 of matching nonstate money that is
raised.
$115,000 the first year and $115,000
the second year are for the Seaway Port
Authority of Duluth.
$19,000 the first year and $19,000 the
second year are for a grant to the
Minnesota Livestock Breeders'
Association.
$50,000 the first year and $50,000 the
second year are for the Passing on the
Farm Center under Minnesota Statutes,
section 17.985. This appropriation is
available only to the extent matched
with nonstate money, including in-kind
contributions at the rate of one
nonstate dollar for every four state
dollars.
$65,000 each year is for beaver damage
control grants for the purposes of
Minnesota Statutes, section 17.110.
$267,000 the first year is for a pilot
program to expand the concept of the
Minnesota grown program pursuant to
Laws 1998, chapter 401, section 6.
$1,275,000 the first year and
$1,275,000 the second year are for an
electronic information management
system.
$50,000 the first year and $50,000 the
second year are for activities related
to reform of the federal milk marketing
orders system and for activities
opposing interstate dairy compacts. If
the appropriation for either year is
insufficient, the appropriation for the
other year is available.
$15,000 the first year is for a study
of the business climate for dairy
farmers. The study must determine the
impact of current trends in the dairy
industry on the economic, social, and
environmental conditions in rural
Minnesota and the long-term viability
of the dairy processing industry in
Minnesota. Not later than February 15,
2000, the commissioner must report to
the legislature on a proposed strategic
plan to ensure the sustained viability
of the dairy industry in the state.
$125,000 the first year and $125,000
the second year are for the dairy
inspection account. This is a one-time
appropriation. By February 15, 2000,
the commissioner shall review the
fairness and equity of the fee
structure for dairy inspections and
report the findings to the legislature.
Sec. 12. BOARD OF ANIMAL HEALTH 2,810,000 2,764,000
$300,000 the first year and $200,000
the second year are for a program to
control para-tuberculosis ("Johne's
disease") in domestic bovine herds.
$40,000 the first year and $40,000 the
second year are for a grant to the
University of Minnesota college of
veterinary medicine to be used for
development and implementation of the
companion animal resource education
program, in collaboration with the
Minnesota extension service.
$118,000 each year is for a program to
investigate the avian pneumovirus
disease and to identify the infected
flocks.
Sec. 13. MINNESOTA HORTICULTURAL
SOCIETY 82,000 82,000
Sec. 14. AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE 3,830,000 4,330,000
Summary by Fund
General 3,630,000 4,130,000
Special Revenue 200,000 200,000
The agricultural utilization research
institute must collaborate with the
commissioner of agriculture on issues
of market development and technology
transfer.
$200,000 the first year and $200,000
the second year are for hybrid tree
management research and development of
an implementation plan for establishing
hybrid tree plantations in the state.
This appropriation is available to the
extent matched by $2 of nonstate
contributions, either cash or in kind,
for each $1 of state money.
Sec. 15. TRANSPORTATION 200,000 -0-
$200,000 is for a grant to the city of
Savage or Scott county, or both, for
engineering and environmental studies
relating to the extension of Scott
county state-aid highway No. 27 in the
vicinity of the Savage fen wetlands
complex. As a condition of this grant,
the recipient 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.
Sec. 16. MINNESOTA RESOURCES
Subdivision 1. Total
Appropriation 29,245,000 13,005,000
All of the appropriations in this
section are one-time appropriations
unless otherwise specified.
Summary by Fund
Minnesota Future
Resources Fund 16,040,000 -0-
Environment and
Natural Resources
Trust Fund 991,000 13,005,000 13,005,000
Great Lakes
Protection Account 200,000 -0-
Appropriations from the Minnesota
future resources fund and the Great
Lakes protection account are available
for either year of the biennium.
For appropriations from the environment
and natural resources trust fund, any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium.
Unless otherwise provided, the amounts
in this section are available until
June 30, 2001, when projects must be
completed and final products delivered.
Subd. 2. Definitions
(a) "Future resources fund" means the
Minnesota future resources fund
referred to in Minnesota Statutes,
section 116P.13.
(b) "Trust fund" means the Minnesota
environment and natural resources trust
fund referred to in Minnesota Statutes,
section 116P.02, subdivision 6.
(c) "Great Lakes protection account"
means the account referred to in
Minnesota Statutes, section 116Q.02.
Subd. 3. Legislative Commission
on Minnesota Resources
583,000 284,000
Summary by Fund
Future Resources
Fund 300,000 -0-
Trust Fund 283,000 284,000
$300,000 is from the future resources
fund and $283,000 the first year and
$284,000 the second year are from the
trust fund, pursuant to Minnesota
Statutes, section 116P.09, subdivision
5.
Subd. 4. Recreation
8,357,000 2,770,000
Summary by Fund
Future Resources
Fund 5,587,000 -0-
Trust Fund 2,770,000 2,770,000
(a) Local Initiatives Grants
Program.
This appropriation is to the
commissioner of natural resources to
provide matching grants, as follows:
(1) $1,953,000 is from the future
resources fund to local units of
government for local park and
recreation areas of up to $250,000
notwithstanding Minnesota Statutes,
section 85.019. $50,000 is to complete
the Larue Pit Recreation Development.
$28,000 is to the city of Hitterdal for
park construction at Lake Flora.
$460,000 is available on the day
following final enactment.
(2) $435,000 the first year and
$435,000 the second year are from the
trust fund to local units of government
for natural and scenic areas pursuant
to Minnesota Statutes, section 85.019.
(3) $1,484,000 is from the future
resources fund for trail grants to
local units of government on land to be
maintained for at least 20 years for
the purposes of the grant. $500,000 is
for grants of up to $50,000 per project
for trail linkages between communities,
trails, and parks, and $720,000 is for
grants of up to $250,000 for locally
funded trails of regional significance
outside the metropolitan area. $50,000
is to the upper Minnesota River valley
regional development commission for the
preliminary design and engineering of a
single segment of the Minnesota River
trail from Appleton to the Milan Beach
on Lake Lac Qui Parle. $160,000 is to
the Department of Natural Resources to
resurface four miles of recreational
trail from the town of Milan to Lake
Lac Qui Parle in Chippewa county.
(4) $305,000 the first year and
$305,000 the second year are from the
trust fund for a statewide conservation
partners program, to encourage private
organizations and local governments to
cost share improvement of fish,
wildlife, and native plant habitats and
research and surveys of fish and
wildlife. Conservation partners grants
may be up to $20,000 each. $10,000 is
for an agreement with the Canby
Sportsman's Club for shelterbelts for
habitat and erosion control.
(5) $100,000 the first year and
$100,000 the second year are from the
trust fund for environmental
partnerships program grants of up to
$20,000 each for environmental service
projects and related education
activities through public and private
partnerships.
In addition to the required work
program, grants may not be approved
until grant proposals to be funded have
been submitted to the legislative
commission on Minnesota resources and
the commission has approved the grants
or allowed 60 days to pass. The
commission shall monitor the grants for
approximate balance over extended
periods of time between the
metropolitan area as defined in
Minnesota Statutes, section 473.121,
subdivision 2, and the nonmetropolitan
area through work program oversight and
periodic allocation decisions. For the
purpose of this paragraph, the match
must be nonstate contributions, but may
be either cash or in-kind. Recipients
may receive funding for more than one
project in any given grant period.
This appropriation is available until
June 30, 2002, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
If a project financed under this
program receives a federal grant, the
availability of the financing from this
subdivision for that project is
extended to equal the period of the
federal grant.
(b) Mesabi Trail Land
Acquisition and
Development - Continuation
$1,000,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with St.
Louis and Lake Counties Regional Rail
Authority for the fourth biennium to
develop and acquire segments of the
Mesabi trail and procure design and
engineering for trail heads and
enhancements. This appropriation must
be matched by at least $1,000,000 of
nonstate money. This appropriation is
available until June 30, 2002, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(c) Kabetogama to Ash River
Community Trail System
$100,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with
Kabetogama Lake Association in
cooperation with the National Park
Service for trail construction linking
Lake Kabetogama, Ash River, and
Voyageurs National Park. This
appropriation must be matched by at
least $100,000 of nonstate money.
This appropriation is available until
June 30, 2002, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
(d) Mesabi Trail
Connection
$80,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
East Range Joint Powers Board to
develop trail connections to the Mesabi
Trail with the communities of Aurora,
Hoyt Lakes, and White. This
appropriation must be matched by at
least $80,000 of nonstate money. This
appropriation is available until June
30, 2002, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(e) Dakota County
Bikeway Mapping
$15,000 is from the future resources
fund to the metropolitan council for an
agreement with Dakota county to cost
share the integration of digital
elevation information in the Dakota
county geographic information system
database with trail and bikeway routes
and develop maps for trail and bikeway
users.
(f) Mississippi Riverfront
Trail and Access
$155,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
city of Hastings to acquire and restore
the public access area and to complete
the connecting riverfront trail from
the public access to lock and dam
number two adjacent to Lake Rebecca.
This appropriation must be matched by
at least $155,000 of nonstate money.
(g) Management and Restoration
of Natural Plant Communities
on State Trails
$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of natural resources
to manage and restore natural plant
communities along state trails under
Minnesota Statutes, section 85.015
(h) Gitchi-Gami State Trail
$275,000 the first year and $275,000
the second year are from the trust fund
to the commissioner of natural
resources for construction of the
Gitchi-Gami state trail through Split
Rock State Park. The commissioner must
submit grant requests for supplemental
funding for federal TEA-21 money in
eligible categories and report the
results to the legislative commission
on Minnesota resources. All segments
of the trail must become part of the
state trail system. This appropriation
is available until June 30, 2002, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
(i) State Park and Recreation
Area Acquisition, Development,
Betterment, and Rehabilitation
$500,000 the first year and $500,000
the second year are from the trust fund
to the commissioner of natural
resources as follows: (1) for state
park and recreation area acquisition,
$500,000; and (2) for state park and
recreation area development,
rehabilitation, and resource
management, $500,000, unless otherwise
specified in the approved work
program. The use of the Minnesota
conservation corps is encouraged. The
commissioner must submit grant requests
for supplemental funding for federal
TEA-21 money in eligible categories and
report the results to the legislative
commission on Minnesota resources.
This appropriation is available until
June 30, 2002, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
(j) Fort Snelling State Park;
Upper Bluff Implementation -
Continuation
$50,000 the first year and $50,000 the
second year are from the trust fund to
the commissioner of natural resources
to implement the utilization plan for
the Upper Bluff area of Fort Snelling
Park.
(k) Interpretive Boat
Tours of Hill Annex
Mine State Park
$30,000 the first year and $30,000 the
second year are from the trust fund to
the commissioner of natural resources
to add interpretive boat excursion
tours of the mine. The project will
include purchase and equipping of a
craft and development of a landing area.
(l) Metropolitan Regional Parks
Acquisition, Rehabilitation,
and Development
$1,000,000 the first year and
$1,000,000 the second year are from the
trust fund to the metropolitan council
for subgrants for acquisition,
development, and rehabilitation in the
metropolitan regional park system,
consistent with the metropolitan
council regional recreation open space
capital improvement plan. This
appropriation may be used for the
purchase of homes only if the purchases
are expressly included in the work
program approved by the legislative
commission on Minnesota resources. The
metropolitan council shall collect and
digitize all local, regional, state,
and federal parks and all off-road
trails with connecting on-road routes
for the metropolitan area and produce a
printed map that is available to the
public. This appropriation is
available until June 30, 2002, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(m) Como Park Campus Maintenance
$500,000 is from the future resources
fund to the department of finance for a
grant to the city of St. Paul for a
subsidy for the maintenance and repair
of live plant and animal exhibits for
the zoo and the conservatory at the
Como Park campus.
(n) Luce Line Trail
Connection Through
Wirth Park
$300,000 the first year is from the
future resources fund to the
metropolitan council for an agreement
with the Minneapolis Park and
Recreation Board to complete the
construction of a bicycle and
pedestrian trail link through Wirth
Park to connect the Minneapolis
Regional Trail System with the Luce
Line State Trail. This appropriation
must be matched by at least $300,000 of
nonstate money. This appropriation is
available until June 30, 2002, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
Subd. 5. Historic
477,000 213,000
Summary by Fund
Future Resources
Fund 265,000 -0-
Trust Fund 212,000 213,000
(a) Using National Register
Properties to Interpret
Minnesota History
$90,000 is from the future resources
fund to the Minnesota Historical
Society to create interactive,
mini-documentaries in Internet format
using the National Register properties
to interpret selected themes in
Minnesota history.
(b) Historic Site Land
Acquisition
$87,000 the first year and $88,000 the
second year are from the trust fund to
the Minnesota Historical Society to
purchase land adjacent to the Lower
Sioux Agency, Jeffers Petroglyphs, and
Oliver Kelley Farm sites to protect the
historic resources. Allocation of
dollars between the three sites shall
be determined based on the willingness
of sellers and reasonable purchase
prices at the respective sites. This
appropriation is available until June
30, 2002, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(c) Gibbs Farm Museum
Interpretation
$150,000 is from the future resources
fund to the Minnesota Historical
Society for an agreement with Ramsey
County Historical Society to build and
furnish replica structures of historic
lifestyles and land use of the Dakota
and pioneers.
(d) Traverse des Sioux
Site Development
$125,000 the first year and 125,000 the
second year are from the trust fund to
the Minnesota Historical Society to
improve public access to state historic
site Traverse des Sioux including
trails, interpretive markers, and basic
visitor amenities.
(e) Old Wadena Historic
Site Development
$25,000 is from the future resources
fund to the Minnesota Historical
Society for an agreement with Wah De
Nah Historic and Environmental Learning
Project to develop a footbridge,
archaeological survey, and educational
programs. This appropriation must be
matched by at least $6,000 of nonstate
money.
Subd. 6. Water Quality
2,270,000 730,000
Summary by Fund
Future Resources
Fund 1,540,000 -0-
Trust Fund 730,000 730,000
(a) On-Site Sewage Treatment
Alternatives; Performance,
Outreach and
Demonstration - Continuation
$275,000 the first year and $275,000
the second year are from the trust fund
to the commissioner of the pollution
control agency for the third biennium
to monitor previously built test sites
for pathogen removal and other
parameters for indicators of treatment
efficiency, to determine maintenance
needs and system longevity, and to
pursue the establishment of cooperative
demonstration projects.
(b) Identification of Sediment
Sources in Agricultural
Watersheds
$175,000 the first year and $175,000
the second year are from the trust fund
to the Science Museum of Minnesota to
quantify the contribution of streambank
erosion versus overland erosion sources
to riverine suspended sediment
concentrations. This appropriation
must be matched by at least $90,000 of
nonstate money.
(c) Accelerated Statewide
Local Water Plan
Implementation
$1,000,000 is from the future resources
fund to the board of water and soil
resources to accelerate the local water
planning challenge grant program under
Minnesota Statutes, section 103B.3361,
to assist in the implementation of high
priority activities in comprehensive
water management plans on a cost-share
basis. $140,000 is to St. Louis county
to inventory and evaluate existing
sewage treatment systems. $75,000 is
to the Whitefish Area Property Owners
Association in cooperation with Crow
Wing county to inspect all lakeshore
properties on the Whitefish chain of
lakes for conformance with septic
system requirements. $50,000 is to
Chisago county to develop sustainable
wastewater treatment alternatives which
must be matched by at least $30,000 of
nonstate money.
(d) Tracking Sources of Fecal
Pollution Using DNA Techniques
$150,000 the first year and $150,000
the second year are from the trust fund
to the University of Minnesota to
define sources of fecal pollution in
waters.
(e) Groundwater Flow in the
Prairie du Chien Aquifer
$55,000 the first year and $55,000 the
second year are from the trust fund to
the University of Minnesota to
characterize groundwater flow within
the Prairie du Chien Formation.
(f) Lake Minnetonka Citizens'
Monitoring and Education
Network
$40,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
Lake Minnetonka Association to begin
volunteer network training and
education for a comprehensive
monitoring program. This appropriation
must be matched by at least $20,000 of
nonstate money.
(g) Erosion Impacts on the
Cannon Valley Big Woods
$75,000 the first year and $75,000 the
second year are from the trust fund to
the University of Minnesota in
cooperation with the Big Woods Project
to determine historical and future
effects of land practices on soil
erosion levels and develop land
management tools in the big woods
ecosystem in Rice county.
(h) City of the Lakes Flood
Mitigation and Gravity Flow Stream System
$500,000 the first year is from the
future resources fund to the
metropolitan council for an agreement
with the Minneapolis Park and
Recreation Board. Up to $250,000 is to
complete construction of the gravity
flow stream connection between Lake
Calhoun and Lake Harriet to improve
lakewater quality and equalize water
levels in the chain of lakes. At least
$250,000 the first year is for flood
mitigation, shoreland stabilization,
design and engineering, and wetland
replacement at Lake of the Isles. The
appropriation for the gravity flow
stream connection project must be
matched by sufficient nonstate money to
complete the project.
Subd. 7. Agriculture and Natural
Resource Based Industries
4,818,000 1,282,000
Summary by Fund
Future Resources
Fund 3,535,000 -0-
Trust Fund 1,283,000 1,282,000
(a) Green Forest
Certification Project
$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the Institute for
Agriculture and Trade Policy to certify
foresters and to evaluate private
forest lands for green certification.
(b) Accelerated Transfer of New
Forest - Research Findings
$58,000 the first year and $57,000 the
second year are from the trust fund to
the University of Minnesota to
accelerate educational programming by
the sustainable forest education
cooperative on the practical
application of landscape-level analysis
in site-level forest management.
(c) Minnesota Wildlife
Tourism Initiative
$125,000 the first year and $125,000
the second year are from the trust fund
to the commissioner of natural
resources to develop, implement, and
evaluate a project focusing on wildlife
tourism as a sustainable industry in
Minnesota in cooperation with the
office of tourism.
(d) Integrated Prairie
Management
$175,000 the first year and $175,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with the
University of Minnesota and Clay county
in a cooperative project for an
aggregate resource inventory on public
lands, prairie restoration and
research, and stewardship plans for
management options. This appropriation
is available until June 30, 2002, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
(e) Improved Agricultural Systems
Overlying Sensitive Aquifers
in Southwestern Minnesota
$200,000 is from the future resources
fund to the commissioner of agriculture
for an agreement with the University of
Minnesota, Southwest Experiment
Station, to provide technical support,
research, systems evaluation, and
advisory teams to protect sensitive
alluvial aquifers threatened by nitrate
contamination in southwest Minnesota.
(f) Diversifying Agriculture for
Environmental, Economic, and Social Benefits
$200,000 the first year and $200,000
the second year are from the trust fund
to the University of Minnesota to
research new plant materials and crop
management systems for diversification.
(g) Minnesota River Basin
Initiative; Local Leadership
$150,000 the first year and $150,000
the second year are from the trust fund
to the board of water and soil
resources for a cost share agreement
with the Minnesota River Basin Joint
Powers Board for landscape planning and
demonstration, and restoration and
management projects for the Minnesota
River on a cost-share basis.
(h) Commercial Fertilizer Plant
for Livestock Solid Waste
Processing
$400,000 is from the future resources
fund to the agricultural utilization
research institute for an agreement
with AquaCare International, Inc. to
establish a commercial grade fertilizer
plant that will enhance and process
animal wastewater solids through
micronization technology. This
appropriation must be matched by at
least $425,000 of nonstate money. As a
condition of receiving this
appropriation, AquaCare International,
Inc. must agree to pay to the state a
royalty. Notwithstanding Minnesota
Statutes, section 116P.10, the royalty
must be two percent of gross revenues
accruing to AquaCare International,
Inc. from this application of
micronization technology. Receipts
from the royalty must be credited to
the fund.
(i) Preservation of Native
Wild Rice Resource
$200,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with Leech
Lake Reservation to analyze critical
factors in different northern rice
habitats and determine methods to
preserve the natural diversity of wild
rice. This appropriation must be
matched by at least $45,000 of nonstate
money.
(j) Wild Rice Management
Planning
$200,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
Boise Forte Band of Chippewa to develop
databases and management plans for
northern wild rice lakes. This
appropriation must be matched by at
least $20,000 of nonstate money.
(k) Mesabi Iron Range,
Water and Mineral Resource
Planning
$200,000 the first year and $200,000
the second year are from the trust fund
to the commissioner of natural
resources. $125,000 the first year and
$125,000 the second year are from the
trust fund to the University of
Minnesota to develop and assemble
essential data on stockpile composition
and ownership, complete hydrogeologic
base maps, site and design an overflow
outlet, and distribute results to local
government and industry. This project
is to be coordinated by the Range
Association of Municipalities and
Schools. This appropriation is
available until June 30, 2002, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(l) Sustainable Aquaculture
Development in Minnesota
$130,000 is from the future resources
fund to the commissioner of agriculture
in cooperation with the University of
Minnesota to develop, demonstrate, and
evaluate prototypes of aquaponic
systems that operate in an urban
environment and use a combination of
aquacultural and hydroponic techniques
to produce fish and plants for human
consumption. $55,000 is from the
future resources fund to the
commissioner of agriculture in
cooperation with the MinAqua Fisheries
Cooperative, with assistance from the
University of Minnesota, for the
purchase, operation, and demonstration
of ozonation equipment for water
treatment and conditioning in large
recirculating aquaculture systems.
These appropriations are available
until June 30, 2002, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
As a condition of receiving this
appropriation, MinAqua Fisheries
Cooperative must agree to pay to the
state a royalty. Notwithstanding
Minnesota Statutes, section 116P.10,
the royalty must be two percent of the
gross revenues accruing to MinAqua
Fisheries Cooperative from this
application of ozonation technology.
Receipts from the royalty must be
credited to the fund.
(m) Sustainable Farming
Systems - Continuation
$350,000 is from the future resources
fund to the University of Minnesota,
Minnesota Institute for Sustainable
Agriculture, for on-farm and experiment
station research, documentation and
dissemination of information on
alternative farm practices in order to
integrate recent scientific advances,
improve farm efficiencies, promote
profitability, and to enhance
environmental quality.
(n) Economic Analysis of
Agriculture for Multiple
Benefits
$200,000 is from the future resources
fund to the commissioner of agriculture
for an agreement with the Land
Stewardship Project to evaluate
economic and environmental benefits
from current and future agricultural
production.
(o) Nonwood Agricultural Fibers
and Industrial Hemp for Pulp
and Paper Manufacture
$200,000 is from the future resources
fund to the University of Minnesota to
investigate the feasibility of various
agricultural pulp markets in the
development of small scale pulp mills
in the agricultural regions of the
state.
(p) Sustainable Livestock
Systems
$350,000 is from the future resources
fund to the commissioner of agriculture
for an agreement with the University of
Minnesota, West Central Experiment
Station, for on-farm research and
education programs to support small- to
moderate-scale farms through whole farm
planning and monitoring of forage-based
livestock systems.
(q) Forest Wildlife Biologist
for Ruffed Grouse
$1,000,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
Ruffed Grouse Society, Inc. to fund a
position and related costs for a forest
wildlife biologist employed by the
society that will provide technical
assistance to public and private
landowners for improved ruffed grouse
habitat and related forest wildlife
conservation. The activity funded by
this appropriation must be done in
collaboration with institutes of higher
learning and state agencies. The
amounts of this appropriation made
available in each fiscal year must not
exceed those stated in the work
program. As a condition of receiving
this appropriation, the society must
demonstrate that it has created a
private endowment to fund this position
and related costs with nonstate money
after this appropriation has been
spent. The society must demonstrate
that it has a sound financial plan to
increase the principal of the endowment
to at least $1,000,000 of nonstate
money by January 1, 2000, and to
$2,000,000 of nonstate money by June
30, 2007. The work program must
provide that failure of the society to
meet the goals of the financial plan on
time will cause further payments from
this appropriation to be withheld until
the goals are met. This appropriation
is available until June 30, 2007, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
(r) Organic Farming
Training Project
$175,000 the first year and $175,000
the second year are from the trust fund
to the commissioner of agriculture for
an agreement with the Minnesota Food
Association in cooperation with the
Midwest Organic Alliance to recruit and
train new immigrant and conventional
farmers in sustainable and organic
methods utilizing a mentoring approach.
(s) Construction and Demolition
Waste Abatement
Demonstration Project
$250,000 is from the future resources
fund to the director of the office of
environmental assistance for an
agreement with the Green Institute to
field test building salvage strategies,
expanding markets for salvaged
materials, and creating a
community-based enterprise model.
Subd. 8. Urbanization Impacts
973,000 400,000
Summary by Fund
Future Resources
Fund 573,000 -0-
Trust Fund 400,000 400,000
(a) Resources for Redevelopment:
A Community Property
Investigation Program
$100,000 is from the future resources
fund to the pollution control agency
for an agreement with the Minnesota
Environmental Initiative to assess
environmental contamination in up to
sixteen brownfield sites statewide on a
cost-share basis for each site in order
to promote property redevelopment by
community nonprofit organizations.
(b) Tools and Training for
Community-Based Planning
$225,000 the first year and $225,000
the second year are from the trust fund
to the office of strategic and
long-range planning to develop
software, data, and training for local
government planning for delivery of
state geographic information systems
data and models for social and
environmental decision making.
(c) Protecting Dakota County
Farmland and Natural Areas
$100,000 the first year and $100,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with Dakota
county to inventory and identify unique
farmland and natural areas and to
protect land through conservation
easements.
(d) Urban Corridor Design
$400,000 is from the future resources
fund to the University of Minnesota to
develop sustainability designs for
selected urban corridors. One project
must be inside the metropolitan area
and one project must be outside the
metropolitan area.
(e) Conservation-Based Development
Program
$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the Minnesota
Land Trust to design four model
developments and acquire conservation
easements within new developments that
enhance the natural, rural landscape.
This appropriation must be matched by
at least $65,000 of nonstate money.
(f) Chisago Lakes Outlet
Channel Project
$40,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with Chisago
county to complete the final
construction phase of the outlet
channel at Chisago Lakes. This
appropriation must be matched by at
least $50,000 of nonstate money.
(g) Blufflands Implementation
$33,000 the first year is from the
future resources fund to the
commissioner of natural resources for
an agreement with Winona county to
implement land protection
recommendations in the blufflands
design manual.
Subd. 9. Innovations in Energy
and Transportation
263,000 62,000
Summary by Fund
Future Resources
Fund 200,000 -0-
Trust Fund 63,000 62,000
(a) Ice Arena Design for Efficiency
and Air Quality - Continuation
$100,000 is from the future resources
fund to the amateur sports commission
for an agreement with the Center for
Energy and Environment in cooperation
with the department of health to
enhance energy efficiency and assure
indoor air quality in new and existing
ice arenas in Minnesota technical
assistance and energy audits.
(b) Promoting High Efficiency
Cogeneration
$100,000 is from the future resources
fund to the office of strategic and
long-range planning and the Minnesota
environmental quality board to develop
a statewide inventory of potential
cogeneration sites and a regulatory
guidance manual.
(c) Evaluate Biodiesel Made From
Waste Fats and Oils
$63,000 the first year and $62,000 the
second year are from the trust fund to
the commissioner of agriculture in
cooperation with the Minnesota Soybean
Growers Association to produce a diesel
fuel from soybeans and waste cooking
oils and greases, for laboratory
evaluation of the fuel for particulates
and engine power, and for trial in
light-duty vehicles. The appropriation
must be matched by at least $50,000 of
nonstate money.
Subd. 10. Decision-Making Tools
1,000,000 705,000
Summary by Fund
Future Resources
Fund 295,000 -0-
Trust Fund 705,000 705,000
(a) Goodhue County Natural Resources
Inventory and Management Plan
$75,000 is from the future resources
fund to the board of water and soil
resources for an agreement with Goodhue
county to inventory, evaluate, and
describe natural resources and create a
geographic information system-based map
and database. The appropriation must
be matched by at least $50,000 of
nonstate money.
(b) Public Access to Mineral
Knowledge
$100,000 is from the future resources
fund to the department of natural
resources to accelerate the automation
of historic mineral exploration
information and to make the database
accessible and searchable.
(c) Updating Outmoded Soil
Surveys - Continuation
$250,000 the first year and $250,000
the second year are from the trust fund
to the board of water and soil
resources for the first biennium of a
four biennia project to accelerate a
statewide program to begin to update
and digitize soil surveys in up to 25
counties, including Fillmore county.
Participating counties must provide a
cost share.
(d) Climate Variability and Change
Impacts on Minnesota Resources
$175,000 the first year and $175,000
the second year are from the trust fund
to the University of Minnesota to
develop a database of climate measures
relevant to recreation, tourism,
agriculture, and forestry, and to
construct climate scenarios for
Minnesota over the next 50 years.* (The
preceding text beginning "(d) Climate
Variability and Change Impacts on
Minnesota Resources" was vetoed by the
governor.)
(e) Minnesota Environmentally
Preferable Chemicals Project
$75,000 the first year and $75,000 the
second year are from the trust fund to
the office of environmental assistance
for an agreement with the Institute for
Local Self-Reliance to build an
industry network of users and producers
of petrochemicals and biochemicals, and
to promote a shift to environmentally
preferable chemicals. This
appropriation must be matched by at
least $40,000 of nonstate money.
(f) GIS Utilization of Historic
Timberland Survey Records
$120,000 is from the future resources
fund to the Minnesota Historical
Society to digitize and distribute
historic timberland survey records in a
geographic information system format.
(g) By-Products Application
to Agricultural, Mineland, and
Forest Soils
$175,000 the first year and $175,000
the second year are from the trust fund
to the pollution control agency for an
agreement with Western Lake Superior
Sanitary District to create a northeast
Minnesota consortium of public
utilities, wood-products, and mining
industries to research environmentally
sound coapplications of industrial and
municipal by-products for agriculture,
forestry, and mineland reclamation.
This appropriation must be matched by
at least $21,000 of nonstate money.
(h) Winter Severity Index
for Deer
$30,000 the first year and $30,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the Minnesota
Deer Hunters Association to determine
the relationship between the winter
severity index, deer condition, and
deer mortality. This appropriation
must be matched by at least $5,000 in
nonstate money and at least $30,000
in-kind match. This appropriation is
available until June 30, 2002, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
Subd. 11. Environmental Education
1,970,000 885,000
Summary by Fund
Future Resources
Fund 1,085,000 -0-
Trust Fund 885,000 885,000
(a) Uncommon Ground: An Educational
Television Series
$200,000 the first year and $200,000
the second year are from the trust fund
to the University of Minnesota for
matching funding to produce a televised
series of natural landscapes
chronicling two centuries of change in
Minnesota.
(b) Karst Education for
Southeastern Minnesota
$60,000 the first year and $60,000 the
second year are from the trust fund to
the board of water and soil resources
for an agreement with the Southeast
Minnesota Water Resources Board to
develop teacher training workshops,
educational materials, and exhibits
demonstrating the connections between
land use and ground water contamination
in southeastern Minnesota.
(c) Minnesota Wolf Public
Education
$50,000 the first year and $50,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the International
Wolf Center to develop educational
curriculum, conduct teacher training
workshops, and develop a traveling
exhibit on wolves to address the
current Minnesota wolf management
debate. This appropriation must be
matched by at least $15,500 of nonstate
money.
(d) Bear Center
$20,000 is from the future resources
fund to the commissioner of natural
resources for a grant to a bear center
to develop a business plan, marketing
study, facility predesign, and exhibit
design.
(e) Accessible Outdoor
Recreation
$200,000 the first year and $200,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with
wilderness inquiry to survey facilities
in at least 50 state recreation units
for the Minnesota guide to universal
access, develop assessments of
inclusion in recreation and
environmental education activities, and
provide opportunities for
participation. This appropriation is
available until June 30, 2002, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(f) Science Outreach and
Integrated Learning on Soil
$125,000 the first year and $125,000
the second year are from the trust fund
to the Science Museum of Minnesota to
develop a soils experiment center and
demonstration plots to increase the
awareness of soil science and soil
health. This appropriation must be
matched by at least $100,000 of
nonstate money. This appropriation is
available until June 30, 2002, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(g) Teacher Training in
Interdisciplinary Environmental
Education
$30,000 the first year and $30,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the Audubon
Center of the North Woods to train K-12
teachers in environmental education
techniques.
(h) Development and Rehabilitation
of Recreational Shooting Ranges
$350,000 is from the future resources
fund to the commissioner of natural
resources to provide cost-share grants
to local recreational shooting clubs
for the purpose of developing or
rehabilitating shooting sports
facilities for public use. In addition
to the required work program, grants
may not be approved until grant
proposals to be funded have been
submitted to the legislative commission
on Minnesota resources and the
commission has approved the grants or
allowed 60 days to pass.
(i) Youth Outdoor Environmental
Education Program
$125,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with Dakota
county to develop youth-at-risk
environmental education programs.
(j) Twin Cities Environmental
Service Learning - Continuation
$20,000 the first year and $20,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Eco Education to
provide training and matching grants
for student service environmental
learning projects. This appropriation
must be matched by at least $40,000 of
nonstate money.
(k) Minnesota Whitetail Deer
Resource Center Exhibits
$400,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
Minnesota Deer Hunters Association to
construct exhibits on whitetail deer in
Minnesota. This appropriation is
available to the extent matched by
expenditure of nonstate money on land
and a building to display the exhibits.
(l) Sustainability Forums
$100,000 the first year and $100,000
the second year are from the trust fund
to the office of environmental
assistance for an agreement with the
Minnesota Division of the Izaak Walton
League of America to conduct forums for
the public and local units of
government on sustainability and
community-based planning objectives.
(m) Minnesota River Watershed
Ecology and History Exhibit
$90,000 the first year is from the
future resources fund to the Minnesota
Historical Society for an agreement
with Joseph R. Brown Heritage Society
to design and construct exhibits at the
Joseph R. Brown Minnesota River Center.
(n) Hyland Lake Environmental
Center
$100,000 the first year and $100,000
the second year are from the trust fund
to the metropolitan council for an
agreement with Suburban Hennepin
Regional Park District for predesign
and design of an environmental
education center in
Hyland-Bush-Anderson Lakes Regional
Park Reserve.* (The preceding text
beginning "(n) Hyland Lake
Environmental Center" was vetoed by the
governor.)
(o) Aquaculture, Hydroponics, and
Greenhouse Research Lab
$100,000 the first year is from the
future resources fund to the
commissioner of agriculture for an
agreement with Chisago Lakes High
School to design and construct a
greenhouse, hydroponics, and
aquaculture facility to support an
outdoor living classroom.
Subd. 12. Benchmarks and Indicators
2,315,000 1,915,000
Summary by Fund
Future Resources
Fund 200,000 -0-
Trust Fund 1,915,000 1,915,000
Great Lakes
Protection Account 200,000 -0-
(a) Measuring Children's Exposures
to Environmental Health Hazards
$250,000 the first year and $250,000
the second year are from the trust fund
to the University of Minnesota in
cooperation with the department of
health to augment a federal study of
exposure of children to multiple
environmental hazards, to evaluate
comparative health risks, and to design
intervention strategies.
(b) Minnesota County Biological
Survey - Continuation
$800,000 the first year and $800,000
the second year are from the trust fund
to the commissioner of natural
resources for the seventh biennium of a
12-biennia project to accelerate the
survey that identifies significant
natural areas and systematically
collects and interprets data on the
distribution and ecology of natural
communities, rare plants, and animals.
(c) Environmental Indicators
Initiative - Continuation
$200,000 the first year and $200,000
the second year are from the trust fund
to the commissioner of natural
resources for the third and final
biennium to complete a set of statewide
environmental indicators that will
assist public understanding of
Minnesota environmental health and the
effectiveness of sustainable
development efforts.
(d) Dakota County Wetland Health
Monitoring Program
$80,000 the first year and $80,000 the
second year are from the trust fund to
the commissioner of the pollution
control agency for an agreement with
Dakota county to evaluate wetland
health through citizen volunteers,
develop wetland biodiversity projects
in urban areas, and conduct public
education.
(e) Predicting Water and Forest
Resources Health and Sustainability
$150,000 the first year and $150,000
the second year are from the trust fund
to the University of Minnesota, Natural
Resources Research Institute, to assess
ecosystem health using indicators and
to develop models that incorporate
landscape composition change.
(f) Potential for Infant Risk
from Nitrate Contamination
$200,000 is from the future resources
fund to the commissioner of health to
study nitrate and bacteria-contaminated
drinking water of infants and families
at risk.
(g) Assessing Lake Superior Waters
Off the North Shore
$100,000 the first year and $100,000
the second year of this appropriation
are from the trust fund, and $200,000
is from the Great Lakes protection
account to the University of Minnesota
Duluth for a pilot program to establish
benchmark data for Lake Superior.
Expenses may not include capital cost
for a research vessel. This
appropriation is available until June
30, 2002, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(h) Minnesota's Forest Bird
Diversity Initiative - Continuation
$175,000 the first year and $175,000
the second year are from the trust fund
to the commissioner of natural
resources for the fifth biennium of a
six-biennium project to establish
benchmarks for using birds as
ecological indicators of forest
health. This appropriation must be
matched by at least $80,000 of nonstate
contributions. This appropriation is
available until June 30, 2002, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(i) Farm Ponds as Critical
Habitats for Native Amphibians
$125,000 the first year and $125,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with the
Upper Mississippi Science Center to
study management practices that sustain
healthy populations of amphibians in
southeastern Minnesota farm ponds and
to recommend monitoring methods
suitable for testing amphibian habitat
quality. This appropriation must be
matched by at least $200,000 of
nonstate contributions. This
appropriation is available until June
30, 2002, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(j) Improved Minnesota Fungus
Collection and Database
$35,000 the first year and $35,000 the
second year are from the trust fund to
the University of Minnesota to
consolidate and preserve fungus
specimen collections and computerize
the data for use in agriculture,
forestry, and recreation management.
Subd. 13. Critical Lands or Habitats
4,640,000 2,790,000
Summary by Fund
Future Resources
Fund 1,850,000 -0-
Trust Fund 2,790,000 2,790,000
(a) Sustainable Woodlands and
Prairies on Private Lands -
Continuation
$225,000 the first year and $225,000
the second year are from the trust fund
to the commissioner of natural
resources, in cooperation with the
Minnesota Forestry Association and the
Nature Conservancy, to develop
stewardship plans for private
landowners and to implement natural
resource projects by providing matching
money to private landowners. This
appropriation is available until June
30, 2002, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(b) National Prairie Passage; Linking
Isolated Prairie Preserves
$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of transportation to
link isolated tallgrass prairie
preserves with corridors of prairie.
This appropriation must be matched by
at least $600,000 of nonstate money.
(c) Greening the Metro
Mississippi-Minnesota River
Valleys
$400,000 the first year and $400,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with
Greening the Great River Park to
implement private and public habitat
projects in the Mississippi and
Minnesota River Valleys. This
appropriation must be matched by at
least $374,000 of nonstate money and
cost sharing is required for projects
on private lands. This appropriation is
available until June 30, 2002, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(d) Restoring the Greater Prairie
Chicken to Southwestern Minnesota
$30,000 the first year and $30,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with the Minnesota
Prairie Chicken Society to restore the
greater prairie chicken to appropriate
habitat.
(e) Prairie Heritage Fund -
Continuation
$250,000 the first year and $250,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with
Pheasants Forever, Inc. to acquire and
develop land for prairie grasslands and
wetlands to be donated to the public.
The land must be open and accessible to
the public. This appropriation must be
matched by at least $500,000 of money.
In addition to the required work
program, parcels may not be acquired
until parcel lists have been submitted
to the legislative commission on
Minnesota resources and the commission
has approved the parcel list or allowed
60 days to pass.
(f) Public Boat Access and
Fishing Piers
$500,000 the first year and $500,000
the second year are from the trust
fund, and $310,000 is from the future
resources fund to the commissioner of
natural resources for increased access
to lakes and rivers statewide through
the provision of public boat access,
fishing piers, and shoreline access,
with approximately equal allocations
for the Twin Cities metropolitan area
and the remainder of the state. These
appropriations are available until June
30, 2002, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
$212,000 of the appropriation from the
future resources fund is available
immediately upon enactment.
(g) Arboretum Land Acquisition and
Wetlands Restoration - Continuation
$350,000 the first year and $350,000
the second year are from the trust fund
to the University of Minnesota for an
agreement with the University of
Minnesota Landscape Arboretum
Foundation for the third biennium for
land acquisition. The priority is to
acquire approximately 40 acres of land
within the Arboretum boundary before
completing the Spring Peeper Meadow
wetland restoration. This
appropriation must be matched by at
least $700,000 of nonstate money.
(h) Native Prairie Prescribed
Burns
$200,000 the first year and $200,000
the second year are from the trust fund
for a grant to the commissioner of
natural resources for an agreement with
the Nature Conservancy for prescribed
burns of native prairie on state
wildlife lands.
(i) Implement the Chisago and
Washington Counties Green
Corridor Project - Continuation
$200,000 the first year and $200,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with 1000
Friends of Minnesota for land
protection activities, including at
least $300,000 for cost-share grants to
local governments for fee or less than
fee acquisition.
(j) RIM Shoreland Stabilization
$175,000 the first year and $175,000
the second year are from the trust fund
to the commissioner of natural
resources to complete the high priority
bank stabilization on Lake
Winnibigoshish and, if additional match
money becomes available, to begin
similar work on Lac Qui Parle Lake.
This appropriation must be matched by
at least $56,000 of nonstate money.
This appropriation is available until
June 30, 2002, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
(k) Enhancing Canada Goose
Hunting Opportunities for
Recreation and Management Purposes
$340,000 is from the future resources
fund to the commissioner of natural
resources to work with waterfowl
conservation organizations to secure
leases for goose forage areas and to
increase public goose hunting
opportunities.
(l) Nongame Wildlife
Management
$235,000 the first year and $235,000
the second year are appropriated from
the trust fund to the commissioner of
natural resources for the purpose of
nongame wildlife management.
(m) Wildlife Habitat
Acquisition and Development
$150,000 the first year and $150,000
the second year are from the trust fund
to the commissioner of natural
resources to acquire and protect land
and to make improvements of a capital
nature for the Chub lake natural area.
The appropriation is available until
expended and must be matched by federal
or local funds totaling $300,000.
(n) Trout Stream
Protection
$1,200,000 is from the future resources
fund to the commissioner of natural
resources for trout stream protection.*
(The preceding text beginning "(n)
Trout Stream Protection" was vetoed by
the governor.)
Subd. 14. Native Species Planting
945,000 595,000
Summary by Fund
Future Resources
Fund 350,000 -0-
Trust Fund 595,000 595,000
(a) Minnesota ReLeaf Matching
Grant Program - Continuation
$250,000 the first year and $250,000
the second year are from the trust
fund, and $350,000 is from the future
resources fund to the commissioner of
natural resources for the fourth
biennium, with at least $210,000 for
matching grants to local communities to
protect native oak forests from oak
wilt and to provide technical
assistance and cost sharing with
communities for tree planting and
community forestry assessments.
$200,000 of this appropriation the
first year is for tree replacement in
the cities of St. Peter and Comfrey.
The appropriation from the future
resources fund is available immediately
upon enactment.
(b) Landscaping for Wildlife and
Nonpoint Source Pollution Prevention
$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with St. Paul
Neighborhood Energy Consortium to work
with urban and suburban communities to
expand native species planting through
residential landscaping and cooperative
neighborhood projects. The activities
must include participant cost sharing.
This appropriation must be matched by
at least $24,000 of nonstate money.
(c) Lakescaping for Wildlife and
Water Quality Initiative
$70,000 the first year and $70,000 the
second year are from the trust fund to
the commissioner of natural resources
in cooperation with the Minnesota Lakes
Association to promote lakescaping for
wildlife and water quality through
workshops, demonstration sites, and a
registry program for lakeshore owners.
The activities must include participant
cost sharing.
(d) Development and Assessment of
Oak Wilt Biological Control
Technologies - Continuation
$100,000 the first year and $100,000
the second year are from the trust fund
to the University of Minnesota to
evaluate biocontrol efficacy, spore mat
production, and root graft barrier
guidelines for oak wilt, in cooperation
with the department of agriculture.
(e) Restoring Ecological Health to
St. Paul's Mississippi River Bluffs
$100,000 the first year and $100,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with Friends
of the Parks and Trails of St. Paul and
Ramsey County to inventory and restore
native species, and to plan for
critical greenways and natural area
habitat. This appropriation is
available until June 30, 2002, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
Subd. 15. Native Fish
229,000 229,000
Summary by Fund
Trust Fund 229,000 229,000
(a) Mussel Resource Survey
$200,000 the first year and $200,000
the second year are from the trust fund
to the commissioner of natural
resources for the first biennium of a
three-biennium project to survey
mussels statewide for resource
management.
(b) Freshwater Mussel Resources in
the St. Croix River
$29,000 the first year and $29,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with Macalester
College to continue refugia studies and
assess populations for freshwater
mussels.
Subd. 16. Exotic Species
405,000 145,000
Summary by Fund
Future Resources
Fund 260,000 -0-
Trust Fund 145,000 145,000
(a) Biological Control of Eurasian
Water Milfoil and Purple
Loosestrife - Continuation
$75,000 the first year and $75,000 the
second year are from the trust fund to
the commissioner of natural resources
for the fourth biennium of a
five-biennium project to develop and
implement biological controls for
Eurasian water milfoil and purple
loosestrife. This appropriation is
available until June 30, 2002, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(b) Evaluate Establishment, Impact of
Leafy Spurge Biocontrol Agents
$70,000 the first year and $70,000 the
second year are from the trust fund to
the commissioner of agriculture to
study flea beetles introduced to
control leafy spurge by site
characterization and assessment for
biological control. This appropriation
is available until June 30, 2002, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
(c) Restoring Native Vegetation in
Parks and Nature Centers
$260,000 the first year is from the
future resources fund to the
commissioner of natural resources for
an agreement with the St. Paul Audubon
Society to restore native vegetation at
community nature centers and parks.
Subd. 17. Data Availability Requirements
(a) During the biennium ending June 30,
2001, the data collected by the
projects funded under this section that
have common value for natural resource
planning and management must conform to
information architecture as defined in
guidelines and standards adopted by the
office of technology. Spatial data
must conform with guidelines and
standards described in the geographic
data compatibility guidelines available
from the land management information
center. These data must be made
available under the provisions of the
Data Practices Act in chapter 13.
(b) For the purposes of information
dissemination to the extent
practicable, summary data and results
of projects funded under this section
should be readily accessible on the
Internet. To the extent practicable,
spatial data and their documentation
must be made available through the
Minnesota Geographic Data Clearinghouse.
(c) As part of project expenditures,
recipients of land acquisition
appropriations must provide the
information necessary to update public
recreation information maps to the
department of natural resources in the
specified form.
Subd. 18. Project Requirements
It is a condition of acceptance of the
appropriations in this section that any
agency or entity receiving the
appropriation must comply with
Minnesota Statutes, chapter 116P.
Subd. 19. Match Requirements
Unless specifically authorized,
appropriations in this section that
must be matched and for which the match
has not been committed by December 31,
1999, are canceled, and in-kind
contributions may not be counted as
match.
Subd. 20. Payment Conditions and
Capital Equipment Expenditures
All agreements, grants, or contracts
referred to in this section must be
administered on a reimbursement basis.
Notwithstanding Minnesota Statutes,
section 16A.41, expenditures made on or
after July 1, 1999, or the date the
work program is approved, whichever is
later, are eligible for reimbursement.
Payment must be made upon receiving
documentation that project-eligible
reimbursable amounts have been
expended, except that reasonable
amounts may be advanced to projects in
order to accommodate cash flow needs.
The advances must be approved as part
of the work program. No expenditures
for capital equipment are allowed
unless expressly authorized in the
project work program.
Subd. 21. Purchase of Recycled and
Recyclable Materials
A political subdivision, public or
private corporation, or other entity
that receives an appropriation in this
section must use the appropriation in
compliance with Minnesota Statutes,
sections 16B.121 to 16B.123, requiring
the purchase of recycled, repairable,
and durable materials, the purchase of
uncoated paper stock, and the use of
soy-based ink, the same as if it were a
state agency.
Subd. 22. Energy Conservation
A recipient to whom an appropriation is
made in this section for a capital
improvement project shall ensure that
the project complies with the
applicable energy conservation
standards contained in law, including
Minnesota Statutes, sections 216C.19 to
216C.21, and rules adopted thereunder.
The recipient may use the energy
planning and intervention and energy
technologies units of the commissioner
of public service to obtain information
and technical assistance on energy
conservation and alternative energy
development relating to the planning
and construction of the capital
improvement project.
Subd. 23. Accessibility
New structures must be shown to meet
the design standards in the Americans
with Disabilities Act Accessibility
Guidelines. Nonstructural facilities
such as trails, campgrounds, picnic
areas, parking, play areas, water
sources, and the access routes to these
features should be shown to be designed
using guidelines in the Recommendations
for Accessibility Guidelines:
Recreational Facilities and Outdoor
Developed Areas.
Subd. 24. Year 2000 Compatible
A recipient to whom an appropriation is
made in this section for computer
equipment and software must ensure that
the project expenditures comply with
year 2000 compatible database and
software.
Subd. 25. Carryforward
(a) The availability of the
appropriations for the following
projects is extended to June 30, 2000:
Laws 1997, chapter 216, section 15,
subdivision 5, paragraph (a), Ft.
Snelling State Park-upper bluff
utilization and AYH hostel; paragraph
(c), Jeffers petroglyphs environmental
assessment and prairie restoration;
paragraph (g), Native American
perspective of the historic north
shore; subdivision 6, paragraph (g),
lakeshore restoration - Minneapolis
chain of lakes; subdivision 9,
paragraph (a), grants to local
governments to assist natural resource
decision making; paragraph (e), North
Minneapolis upper river master plan;
paragraph (g), Miller Creek management;
and paragraph (h), trout habitat
preservation using alternative
watershed management practices;
subdivision 10, paragraph (g), Fillmore
county soil survey update; subdivision
11, paragraph (a), foundations to
integrated access to environmental
information; subdivision 12, paragraph
(a), sustainable development assistance
for municipalities through electric
utilities; paragraph (h), soy-based
diesel fuel study; subdivision 13,
paragraph (g), state wolf management:
electronically moderating the
discussion; subdivision 14, paragraph
(f), loons; indicators of mercury in
the environment; subdivision 17,
paragraph (a), sustainable woodlands on
private lands; and paragraph (d)
prairie heritage project; subdivision
20, paragraph (a), ballast water
technology demonstration for exotic
species control; Laws 1995, chapter
220, section 19, subdivision 12,
paragraph (a), restore historic
Mississippi river mill site, as amended
by Laws 1997, chapter 216, section 15,
subdivision 26, paragraph (b).
(b) The availability of the
appropriations for the following
projects is extended to June 30, 2001:
Laws 1997, chapter 216, section 15,
subdivision 5, paragraph (f),
historical and cultural museum on
Vermilion Lake Indian Reservation;
subdivision 7, paragraph (f), mercury
manometers; subdivision 16, paragraph
(b), Arboretum Land Acquisition; Laws
1996, chapter 463, section 22,
subdivision 8, Pickwick Mill, as
amended by Laws 1997, chapter 246,
section 32.
Sec. 17. ADDITIONAL APPROPRIATIONS
The following amounts are appropriated
in fiscal year 1999 from the Minnesota
environment and natural resources trust
fund referred to in Minnesota Statutes,
section 116P.02, subdivision 6.
$496,000 in fiscal year 1999 is added
to the appropriation in Laws 1997,
chapter 216, section 15, subdivision 4,
paragraph (a), clause (1), for state
park and recreation area acquisition.
$495,000 in fiscal year 1999 is added
to the appropriation in Laws 1997,
chapter 216, section 15, subdivision 4,
paragraph (b), metropolitan regional
park system.
Sec. 18. TRADE AND ECONOMIC
DEVELOPMENT 250,000 -0-
This appropriation is for the Minnesota
investment fund under Minnesota
Statutes, section 116J.8731, to make a
grant to the city of Windom to assist
an expanding agricultural processing
facility. The amount of the grant is
not subject to the limit in Minnesota
Statutes, section 116J.8731,
subdivision 5. If the grant is used to
acquire or improve real property, the
grant agreement between the city of
Windom and a recipient must provide
that, if the grant recipient sells,
transfers, or exchanges the real
property, any capital gain or other
profit on the transaction that accrues
to the grant recipient must be paid to
the commissioner for credit to the
Minnesota investment fund in the same
proportion as was paid from the
Minnesota investment fund to acquire or
improve the real property.
If this appropriation remains
unencumbered on March 31, 2000, the
amount cancels and is reappropriated to
the agricultural utilization research
institute and is available in the first
or second year.
Sec. 19. Minnesota Statutes 1998, section 14.386, is
amended to read:
14.386 [PROCEDURE FOR ADOPTING EXEMPT RULES; DURATION.]
(a) A rule adopted, amended, or repealed by an agency,
under a statute enacted after January 1, 1997, authorizing or
requiring rules to be adopted but excluded from the rulemaking
provisions of chapter 14 or from the definition of a rule, has
the force and effect of law only if:
(1) the revisor of statutes approves the form of the rule
by certificate;
(2) the office of administrative hearings approves the rule
as to its legality within 14 days after the agency submits it
for approval and files two copies of the rule with the revisor's
certificate in the office of the secretary of state; and
(3) a copy is published by the agency in the State Register.
A statute enacted after January 1, 1997, authorizing or
requiring rules to be adopted but excluded from the rulemaking
provisions of chapter 14 or from the definition of a rule does
not excuse compliance with this section unless it makes specific
reference to this section.
(b) A rule adopted under this section is effective for a
period of two years from the date of publication of the rule in
the State Register. The authority for the rule expires at the
end of this two-year period.
(c) The chief administrative law judge shall adopt rules
relating to the rule approval duties imposed by this section and
section 14.388, including rules establishing standards for
review.
(d) This section does not apply to:
(1) any group or rule listed in section 14.03, subdivisions
1 and 3, except as otherwise provided by law;
(2) game and fish rules of the commissioner of natural
resources adopted under section 84.027, subdivision 13, or
sections 97A.0451 to 97A.0459;
(3) experimental and special management waters designated
by the commissioner of natural resources under sections 97C.001
and 97C.005; or
(4) game refuges designated by the commissioner of natural
resources under section 97A.085; or
(5) transaction fees established by the commissioner of
natural resources for electronic or telephone sales of licenses,
stamps, permits, registrations, or transfers under section
84.027, subdivision 15, paragraph (a), clause (3).
(e) If a statute provides that a rule is exempt from
chapter 14, and section 14.386 does not apply to the rule, the
rule has the force of law unless the context of the statute
delegating the rulemaking authority makes clear that the rule
does not have force of law.
Sec. 20. Minnesota Statutes 1998, section 16A.531, is
amended by adding a subdivision to read:
Subd. 3. [AGRICULTURAL FUND.] There is created in the
state treasury an agricultural fund as a special revenue fund
for deposit of receipts from agricultural related fees and
activities conducted by the state.
Sec. 21. Minnesota Statutes 1998, section 16B.171, as
amended by Laws 1999, chapter 86, article 1, section 7, is
amended to read:
16B.171 [EXCEPTION FOR FEDERAL TRANSPORTATION CONTRACTS.]
Notwithstanding section 16C.08 or other any law to the
contrary, the commissioner of transportation, commissioner of
the pollution control agency, or commissioner of natural
resources may, when required by a federal agency entering into
an intergovernmental contract, negotiate contract terms
providing for full or partial prepayment to the federal agency
before work is performed or services are provided.
Sec. 22. Minnesota Statutes 1998, section 17.03, is
amended by adding a subdivision to read:
Subd. 13. [SEMIANNUAL REPORTS.] (a) By October 15 and
April 15 of each year, the commissioner shall submit to the
legislative committees having jurisdiction over appropriations
from the agricultural fund in section 16A.531 a report on the
amount of revenue raised in each fee account within the fund,
the expenditures from each account, and the purposes for which
the expenditures were made.
(b) The report delivered on October 15 of each year must
include the commissioner's recommendations, if any, for changes
in statutes relating to the fee accounts of the agricultural
fund.
Sec. 23. Minnesota Statutes 1998, section 17.038, is
amended to read:
17.038 [STATISTICAL SERVICES ACCOUNT.]
The statistical services account is established in the
state treasury agricultural fund. All payments for statistical
services performed by the agricultural statistics division of
the department of agriculture must be deposited in the state
treasury agricultural fund and credited to the statistical
services account. The money in the account is appropriated to
the commissioner of agriculture to administer the programs of
the agricultural statistics division.
Sec. 24. Minnesota Statutes 1998, section 17.102,
subdivision 4, is amended to read:
Subd. 4. [MINNESOTA GROWN ACCOUNT.] The Minnesota grown
account is established as an account in the state
treasury agricultural fund. License fee receipts and penalties
collected under this section must be deposited in the state
treasury agricultural fund and credited to the Minnesota grown
account. The money in the account is continuously appropriated
to the commissioner to implement and enforce this section and to
promote the Minnesota grown logo and labeling.
Sec. 25. Minnesota Statutes 1998, section 17.109,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The Minnesota grown
matching account is established as a separate account in the
state treasury agricultural fund. The account shall be
administered by the commissioner of agriculture as provided in
this section.
Sec. 26. Minnesota Statutes 1998, section 17.115,
subdivision 3, is amended to read:
Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans
must be made to the commissioner on forms prescribed by the
commissioner.
(b) The applications must be reviewed, ranked, and
recommended by a loan review panel appointed by the
commissioner. The loan review panel shall consist of two
lenders with agricultural experience, two resident farmers of
the state using sustainable agriculture methods, two resident
farmers of the state using organic agriculture methods, a farm
management specialist, a representative from a post-secondary
education institution, and a chair from the department.
(c) The loan review panel shall rank applications according
to the following criteria:
(1) realize savings to the cost of agricultural production
and project savings to repay the cost of the loan;
(2) reduce or make more efficient use of energy; and
(3) reduce production costs.
(d) A loan application must show that the loan can be
repaid by the applicant.
(e) The commissioner must consider the recommendations of
the loan review panel and may make loans for eligible projects.
Priority must be given based on the amount of savings realized
by adopting the practice implemented by the loan.
Sec. 27. Minnesota Statutes 1998, section 17.116,
subdivision 3, is amended to read:
Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants
must be made to the commissioner on forms prescribed by the
commissioner.
(b) The applications must be reviewed, ranked, and
recommended by a technical review panel appointed by the
commissioner. The technical review panel shall consist of a
soil scientist, an agronomist, a representative from a
post-secondary educational institution, two resident farmers of
the state using sustainable agriculture methods, two resident
farmers of the state using organic agriculture methods, and a
chair from the department.
(c) The technical review panel shall rank applications
according to the following criteria:
(1) direct or indirect energy savings or production;
(2) environmental benefit;
(3) farm profitability;
(4) the number of farms able to apply the techniques or the
technology proposed;
(5) the effectiveness of the project as a demonstration;
(6) the immediate transferability of the project to farms;
and
(7) the ability of the project to accomplish its goals.
(d) The commissioner shall consider the recommendations of
the technical review panel and may award grants for eligible
projects. Priority must be given to applicants who are farmers
or groups of farmers.
(e) Grants for eligible projects may not exceed $25,000
unless the portion above $25,000 is matched on an equal basis by
the applicant's cash or in-kind land use contribution. Grant
funding of projects may not exceed $50,000 under this section,
but applicants may utilize other funding sources. A portion of
each grant must be targeted for public information activities of
the project.
(f) A project may continue for up to three years.
Multiyear projects must be reevaluated by the technical review
panel and the commissioner before second or third year funding
is approved. A project is limited to one grant for its funding.
Sec. 28. Minnesota Statutes 1998, section 17.117,
subdivision 3, is amended to read:
Subd. 3. [APPROPRIATIONS.] Up to $40,000,000 $140,000,000
of the balance in the water pollution control revolving fund in
section 446A.07, as determined by the public facilities
authority, is appropriated to the commissioner for the
establishment of this program.
Sec. 29. Minnesota Statutes 1998, section 17.136, is
amended to read:
17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND
MANURE MANAGEMENT ADVISORY COMMITTEE.]
(a) The commissioner of agriculture and the commissioner of
the pollution control agency shall establish a feedlot and
manure management advisory committee to identify needs, goals,
and suggest policies for research, monitoring, and regulatory
activities regarding feedlot and manure management. In
establishing the committee, the commissioner shall give first
consideration to members of the existing feedlot advisory group.
(b) The committee must include representation from beef,
dairy, pork, chicken, and turkey producer organizations. The
committee shall not exceed 18 21 members, but, after June 30,
1997 1999, must include representatives from at least four
environmental organizations, eight livestock producers, and four
experts in soil and water science, nutrient management, and
animal husbandry, one commercial solid manure applicator who is
not a producer, one commercial liquid manure applicator who is
not a producer, and one member from an organization representing
local units of government, and chairs of the senate and the
house of representatives committees that deal with agricultural
policy or the designees of the chairs. In addition, the
departments of agriculture, health, and natural resources, the
pollution control agency, board of water and soil resources,
soil and water conservation districts, the federal Natural
Resource Conservation Service, the association of Minnesota
counties, and the Farm Service Agency shall serve on the
committee as ex officio nonvoting members.
(c) The advisory committee shall elect a chair and a
vice-chair from its members. The department and the agency
shall provide staff support to the committee.
(d) The commissioner of agriculture and the commissioner of
the pollution control agency shall consult with the advisory
committee during the development of any policies, rules, or
funding proposals or recommendations relating to feedlots or
feedlot-related manure management.
(e) The commissioner of agriculture shall consult with the
advisory committee on establishing a list of manure management
research needs and priorities.
(f) The advisory committee shall advise the commissioners
on other appropriate matters.
(g) Nongovernment members of the advisory committee shall
receive expenses, in accordance with section 15.059, subdivision
6. The advisory committee expires on June 30, 2001.
Sec. 30. Minnesota Statutes 1998, section 17.457,
subdivision 10, is amended to read:
Subd. 10. [FEE.] The commissioner shall impose a fee for
permits in an amount sufficient to cover the costs of issuing
the permits and for facility inspections. The fee may not
exceed $50. Fee receipts must be deposited in the state
treasury agricultural fund and credited to the special revenue
fund Eurasian wild pigs account and are appropriated to the
commissioner for the purposes of this section.
Sec. 31. Minnesota Statutes 1998, section 17.59,
subdivision 5, is amended to read:
Subd. 5. [COMMODITIES RESEARCH AND PROMOTION ACCOUNT.] All
fees collected by the department under sections 17.51 to 17.69
and any other fees and income received by the department in the
administration of these statutes shall be deposited in a
separate account known as the commodity research and promotion
account in the special revenue agricultural fund. Money in the
account, including interest, is appropriated to the commissioner
to carry out the duties of sections 17.51 to 17.69.
Sec. 32. [17.710] [AGRICULTURAL PRODUCTION CONTRACTS.]
A production contract entered into, renewed, or amended on
or after July 1, 1999, between an agricultural producer and a
processor of agricultural products must not contain provisions
that prohibit the producer from disclosing terms, conditions,
and prices contained in the contract. Any provision prohibiting
disclosure by the producer is void.
Sec. 33. Minnesota Statutes 1998, section 17.85, is
amended to read:
17.85 [LABORATORY SERVICES ACCOUNT.]
A laboratory services account is established in the state
treasury agricultural fund. Payments for laboratory services
performed by the laboratory services division of the department
of agriculture must be deposited in the state treasury
agricultural fund and credited to the laboratory services
account. Money in the account, including interest earned on the
account, is annually appropriated to the commissioner of
agriculture to administer the programs of the laboratory
services division.
Sec. 34. Minnesota Statutes 1998, section 17.982,
subdivision 1, is amended to read:
Subdivision 1. [CRIMINAL PENALTIES.] A person who violates
chapter 29, 31, 31A, 31B, or 34 for which a penalty has not been
prescribed is guilty of a misdemeanor.
Sec. 35. Minnesota Statutes 1998, section 17.983,
subdivision 1, is amended to read:
Subdivision 1. [ADMINISTRATIVE PENALTIES; CITATION.] If a
person has violated chapter 29, 31, 31A, 31B, 32, or 34, the
commissioner may issue a written citation to the person by
personal service or by certified mail. The citation shall
describe the nature of the violation and the statute or rule
alleged to have been violated; state the time for correction;
and the amount of any proposed fine. The citation must advise
the person to notify the commissioner in writing within 30 days
if the person wishes to appeal the citation. If the person
fails to appeal the citation, the citation is the final order
and not subject to further review.
Sec. 36. Minnesota Statutes 1998, section 17A.11, is
amended to read:
17A.11 [FEES FOR LIVESTOCK WEIGHING.]
The commissioner shall prescribe the fee necessary to cover
the cost of state weighing, to be assessed and collected from
the seller in the manner the commissioner may prescribe. The
fee assessed must be the same, and the manner of collection of
the fee must be uniform at all facilities. At any location
where state weighing is performed in accordance with this
chapter and the total annual fees collected are insufficient to
pay the cost of the weighing, the annual deficit shall be
assessed and collected in the manner the commissioner may
prescribe. Additional money arising from the weighing of
animals by the commissioner, which has been collected and
retained by any person, shall be paid on demand to the
commissioner. All money collected by the commissioner shall be
deposited in the state treasury agricultural fund and credited
to the livestock weighing fund account. Money in the account is
appropriated to the commissioner to carry out the duties of
section 17A.10 and for activities and duties required under
chapter 31B.
Sec. 37. Minnesota Statutes 1998, section 17B.15,
subdivision 1, is amended to read:
Subdivision 1. [ADMINISTRATION; APPROPRIATION.] The fees
for inspection and weighing shall be fixed by the commissioner
and be a lien upon the grain. The commissioner shall set fees
for all inspection and weighing in an amount adequate to pay the
expenses of carrying out and enforcing the purposes of sections
17B.01 to 17B.23, including the portion of general support costs
and statewide indirect costs of the agency attributable to that
function, with a reserve sufficient for up to six months. The
commissioner shall review the fee schedule twice each year. Fee
adjustments are not subject to chapter 14. Payment shall be
required for services rendered. If the grain is in transit, the
fees shall be paid by the carrier and treated as advance
charges, and, if received for storage, the fees shall be paid by
the warehouse operator, and added to the storage charges.
All fees collected and all fines and penalties for
violation of any provision of this chapter shall be deposited in
the grain inspection and weighing account, which is created in
the state treasury agricultural fund for carrying out the
purpose of sections 17B.01 to 17B.23. The money in the account,
including interest earned on the account, is annually
appropriated to the commissioner of agriculture to administer
the provisions of sections 17B.01 to 17B.23. When money from
any other account is used to administer sections 17B.01 to
17B.23, the commissioner shall notify the chairs of the
agriculture, environment and natural resources finance, and ways
and means committees of the house of representatives; the
agriculture and rural development and finance committees of the
senate; and the finance division of the environment and natural
resources committee of the senate.
Sec. 38. Minnesota Statutes 1998, section 18B.05,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] A pesticide regulatory
account is established in the state treasury agricultural fund.
Fees and penalties collected under this chapter must be
deposited in the state treasury agricultural fund and credited
to the pesticide regulatory account. Money in the account,
including interest, is appropriated to the commissioner for the
administration and enforcement of this chapter.
Sec. 39. Minnesota Statutes 1998, section 18B.26,
subdivision 5, is amended to read:
Subd. 5. [REVIEW AND REGISTRATION.] (a) The commissioner
may not deny the registration of a pesticide because the
commissioner determines the pesticide is not essential.
(b) The commissioner shall review each application and may
approve, deny, or cancel the registration of any pesticide. The
commissioner may impose state use and distribution restrictions
on a pesticide as part of the registration to prevent
unreasonable adverse effects on the environment.
(c) The commissioner must notify the applicant of the
approval, denial, cancellation, state use or distribution
restrictions.
(d) The applicant may request a hearing on any adverse
action of the commissioner within 30 days after being notified.
(e) The commissioner may exempt pesticides that have been
deregulated or classified as minimum risk by the United States
Environmental Protection Agency from the requirement of
registration.
Sec. 40. Minnesota Statutes 1998, section 18C.131, is
amended to read:
18C.131 [FERTILIZER INSPECTION ACCOUNT.]
A fertilizer inspection account is established in the state
treasury. The fees collected under this chapter and interest
attributable to money in the account must be deposited in the
state treasury and credited to the fertilizer inspection account
in the agricultural fund. Money in the account, including
interest earned, is appropriated to the commissioner for the
administration and enforcement of this chapter.
Sec. 41. Minnesota Statutes 1998, section 18E.02,
subdivision 5, is amended to read:
Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means:
(1) a responsible party or an owner of real property, but
does not include the state, a state agency, a political
subdivision of the state, except as provided in clause (2), the
federal government, or an agency of the federal government;
(2) the owners of municipal airports at Perham, Madison,
and Hector, in Minnesota where a licensed aerial pesticide
applicator has caused an incident through storage, handling, or
distribution operations for agricultural chemicals if (i) the
commissioner has determined that corrective action is necessary
and (ii) the commissioner determines, and the agricultural
chemical response compensation board concurs, that based on an
affirmative showing made by the owner, a responsible party
cannot be identified or the identified responsible party is
unable to comply with an order for corrective action; or
(3) a person involved in a transaction relating to real
property who is not a responsible party or owner of the real
property and who voluntarily takes corrective action on the
property in response to a request or order for corrective action
from the commissioner, except an owner of a municipal airport
not listed in clause (2).
Sec. 42. Minnesota Statutes 1998, section 18E.03,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The agricultural chemical
response and reimbursement account is established as an account
in the state treasury agricultural fund.
Sec. 43. [18E.035] [FINANCIAL SECURITY; MUNICIPAL
AIRPORTS.]
As a condition for the use of space or facilities for the
storage, handling, or distribution of agricultural chemicals on
the grounds of a municipal airport, a licensed aerial pesticide
applicator shall hold the owner of the airport harmless for any
expenses to cover necessary corrective actions caused by the
applicator.
Sec. 44. Minnesota Statutes 1998, section 21.115, is
amended to read:
21.115 [FEES; SEED POTATO INSPECTION FUND ACCOUNT.]
The commissioner shall fix the fees for all inspections and
certifications in such amounts as from time to time may be found
necessary to pay the expenses of carrying out and enforcing the
purposes of sections 21.111 to 21.122, with a reasonable
reserve, and shall require the same to be paid before such
inspections or certifications are made. All moneys collected as
fees or as penalties for violations of any of the provisions of
such sections shall be paid into the state treasury agricultural
fund and therein credited to the seed potato inspection fund
account of the commissioner, which fund account is hereby
created and appropriated for carrying out the purposes of
sections 21.111 to 21.122. Interest, if any, received on
deposits of these moneys shall be credited to such fund the
account, and there shall be paid into this fund any sum provided
by the legislature for the purpose of carrying out the
provisions of such sections.
Sec. 45. Minnesota Statutes 1998, section 21.116, is
amended to read:
21.116 [EXPENSES.]
All necessary expenses incurred in carrying out the
provisions of sections 21.111 to 21.122 and the compensation of
officers, inspectors, and employees appointed, designated, or
employed by the commissioner, as provided in such sections,
together with their necessary traveling expenses, together with
the traveling expenses of the members of the advisory seed
potato certification committee, and other expenses necessary in
attending committee meetings, shall be paid from, and only from,
the seed potato inspection fund account, on order of the
commissioner and commissioner of finance's voucher warrant.
Sec. 46. Minnesota Statutes 1998, section 21.90,
subdivision 3, is amended to read:
Subd. 3. [TESTS OF VARIETIES.] If the commissioner needs
to verify that a hybrid seed field corn variety is adapted to
the corn growing zone declared by the originator or owner, it
must, when grown in several official comparative trials by the
director of the Minnesota agricultural experiment station in the
declared zone of adaptation, have an average kernel moisture at
normal harvest time which does not differ from the average
kernel moisture content of three or more selected standard
varieties adapted for grain production in that particular
growing zone by more than four percentage points. If a new
variety when tested has more than six percentage points of
moisture over the standard variety, it must have the relative
maturity increased by five days in the correct zone of
adaptation before it can be sold the second year. If it does
not exceed the standard varieties by more than five percentage
points of moisture the second year tested, it can be sold the
third year with the same relative maturity. If upon being
tested the third year the moisture percentage points are found
to be over the four percentage points allowed, the variety then
must have the relative maturity increased by five days in the
correct zone. The varieties to be used as standard varieties
for determining adaptability to a zone shall be selected for
each zone by the director of the Minnesota agricultural
experiment station with the advice and consent of the
commissioner of agriculture. Should a person, firm, originator,
or owner of a hybrid seed field corn variety wish to offer
hybrid seed for sale or distribution in this state, the person,
firm, originator, or owner not having distributed any products
in Minnesota during the past ten years, or not having any record
of testing by an agency acceptable to the commissioner, then
after registration of the variety the commissioner is required
to have the variety tested for one year by the director of the
Minnesota agricultural experiment station before it may be
distributed in Minnesota. Should any person, firm, originator,
or owner of a seed field corn variety be guilty of two
successive violations with respect to the declaration of
relative maturity date and zone number, then the violator must
commence a program of pretesting for varieties as determined by
the commissioner. The list of varieties to be used as standards
in each growing zone shall be sent by the commissioner not later
than February 1 of each year to each seed firm registering
hybrid varieties with the commissioner as of the previous April
1. To assist in defraying the expenses of the Minnesota
agricultural experiment station in carrying out the provisions
of this section, there shall be transferred annually from the
seed inspection fund account to the agricultural experiment
station a sum which shall at least equal 80 percent of the total
revenue from all hybrid seed field corn variety registrations.
Sec. 47. Minnesota Statutes 1998, section 21.92, is
amended to read:
21.92 [SEED INSPECTION FUND ACCOUNT.]
There is established in the state treasury agricultural
fund an account known as the seed inspection fund account. Fees
and penalties collected by the commissioner under sections 21.80
to 21.92 and interest attributable to money in the account shall
be deposited into this account. The rates at which the fees are
charged may be adjusted pursuant to section 16A.1285. Money in
the account, including interest earned, is appropriated to the
commissioner for the administration and enforcement of sections
21.80 to 21.92.
Sec. 48. Minnesota Statutes 1998, section 25.39,
subdivision 4, is amended to read:
Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A
commercial feed inspection account is established in the state
treasury agricultural fund. Fees and penalties collected under
sections 25.35 to 25.43 and interest attributable to money in
the account must be deposited in the state treasury agricultural
fund and credited to the commercial feed inspection
account. Money in the account, including interest earned, is
appropriated to the commissioner for the administration and
enforcement of sections 25.341 to 25.43.
Sec. 49. Minnesota Statutes 1998, section 27.07,
subdivision 6, is amended to read:
Subd. 6. [COOPERATIVE AGREEMENTS; FEES; ACCOUNT.] The
commissioner may collect fees as provided for in cooperative
agreements between the commissioner and the United States
Department of Agriculture for the inspection of fresh fruits,
vegetables, and other products. The fees and interest
attributable to money in the account must be deposited in the
state treasury agricultural fund and credited to a fruit and
vegetables inspection account. Money in the account, including
interest earned, is appropriated to the commissioner to
administer the cooperative agreements.
Sec. 50. Minnesota Statutes 1998, section 28A.075, is
amended to read:
28A.075 [DELEGATION TO LOCAL BOARD OF HEALTH.]
(a) At the request of a local board of health that licensed
and inspected grocery and convenience stores on January 1, 1999,
the commissioner may must enter into an agreement agreements
before January 1, 2001, with a local board boards of health to
delegate all or part of to the appropriate local board of health
the licensing and inspection duties of the commissioner
pertaining to retail food handlers that are grocery or
convenience stores. Retail grocery or convenience stores
inspected under the state meat inspection program of chapter 31A
are exempt from delegation.
(b) A local board of health must adopt an ordinance
consistent with the Minnesota Food Code, Minnesota Rules,
chapter 4626, for all of its jurisdiction to regulate grocery
and convenience stores and the ordinance (Food Code) must not be
in conflict with standards set in law or rule.
Sec. 51. [28A.0752] [DELEGATION OF POWERS AND DUTIES.]
Subdivision 1. [AGREEMENTS TO PERFORM DUTIES OF THE
COMMISSIONER.] (a) Agreements to delegate licensing and
inspection duties pertaining to retail grocery or convenience
stores shall include licensing, inspection, reporting and
enforcement duties authorized under sections 17.04, 28A.13,
29.21, 29.23, 29.235, 29.236, 29.237, 29.24, 29.25, 29.26,
29.27, 29.28, 30.003, 30.01, 30.099, 30.103, 30.104, 30.15,
30.19, 30.49, 30.50, 30.55, 30.56, 30.57, 30.58, and 30.59,
appropriate sections of the Minnesota Food Law, chapter 31, and
applicable Minnesota food rules.
(b) Agreements are subject to subdivision 3.
(c) This subdivision does not affect agreements entered
into under section 28A.075 or current cooperative agreements
which base inspections and licensing responsibility on the
firm's most predominant mode of business.
Subd. 2. [AGREEMENTS TO PERFORM DUTIES OF THE
COMMISSIONER.] An agreement to delegate licensing and inspection
of retail food handlers that are grocery or convenience stores
to a local board of health must be approved by the commissioner
and is subject to subdivision 3.
Subd. 3. [TERMS OF AGREEMENTS.] (a) Agreements authorized
under this section must be in writing and signed by the
delegating authority and the designated agent.
(b) The agreement must list criteria the delegating
authority will use to determine if the designated agent's
performance meets appropriate standards and is sufficient to
replace performance by the delegating authority.
(c) The agreement may specify minimum staff requirements
and qualifications, set procedures for the assessment of costs,
and provide for termination procedures if the delegating
authority determines that the designated agent has failed to
comply with the agreement.
(d) The delegating authority and the designated agent are
required to perform inspections utilizing the Minnesota Food
Code's minimum and maximum standards.
(e) A designated agent must not perform licensing,
inspection, or enforcement duties under the agreement in
territory outside its jurisdiction unless approved by the
commissioner and governing body for that territory through a
separate agreement.
(f) The scope of agreements established under this section
is limited to duties and responsibilities agreed upon by the
parties. The agreement may provide for automatic renewal and
for notice of intent to terminate by either party.
(g) During the life of the agreement, the delegating
authority shall not perform duties that the designated agent is
required to perform under the agreement, except inspections
necessary to determine compliance with the agreement and this
section or as agreed to by the parties.
(h) The delegating authority shall consult with, advise,
and assist a designated agent in the performance of its duties
under the agreement.
(i) This section does not alter the responsibility of the
delegating authority for the performance of duties specified by
law and rule.
Sec. 52. Minnesota Statutes 1998, section 28A.08,
subdivision 3, as amended by Laws 1999, chapter 59, section 2,
is amended to read:
Subd. 3. [FEES EFFECTIVE JULY 1, 1999.]
Penalties
Type of food handler License Late No
Fee Renewal License
Effective
July 1,
1999
1. Retail food handler
(a) Having gross sales of only
prepackaged nonperishable food
of less than $15,000 for
the immediately previous
license or fiscal year and
filing a statement with the
commissioner $ 45 $ 15 $ 25
$ 48 $ 16 $ 27
(b) Having under $15,000 gross
sales including food preparation
or having $15,000 to $50,000
gross sales for the immediately
previous license or fiscal year $ 61 $ 15 $ 25
$ 65 $ 16 $ 27
(c) Having $50,000 to $250,000
gross sales for the immediately
previous license or fiscal year $118 $ 35 $ 75
$126 $ 37 $ 80
(d) Having $250,000 to
$1,000,000 gross sales for the
immediately previous license or
fiscal year $202 $ 50 $100
$216 $ 54 $107
(e) Having $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $562 $100 $175
$601 $107 $187
(f) Having $5,000,000 to
$10,000,000 gross sales for the
immediately previous license or
fiscal year $787 $150 $300
$842 $161 $321
(g) Having over $10,000,000
gross sales for the immediately
previous license or fiscal year $899 $200 $350
$962 $214 $375
2. Wholesale food handler
(a) Having gross sales or
service of less than $25,000
for the immediately previous
license or fiscal year $ 50 $ 15 $ 15
$ 54 $ 16 $ 16
(b) Having $25,000 to
$250,000 gross sales or
service for the immediately
previous license or fiscal year $225 $ 50 $100
$241 $ 54 $107
(c) Having $250,000 to
$1,000,000 gross sales or
service from a mobile unit
without a separate food facility
for the immediately previous
license or fiscal year $337 $ 75 $150
$361 $ 80 $161
(d) Having $250,000 to
$1,000,000 gross sales or
service not covered under
paragraph (c) for the immediately
previous license or fiscal year $449 $100 $200
$480 $107 $214
(e) Having $1,000,000 to
$5,000,000 gross sales or
service for the immediately
previous license or fiscal year $562 $125 $250
$601 $134 $268
(f) Having over $5,000,000 gross
sales for the immediately
previous license or fiscal year $647 $150 $300
$692 $161 $321
3. Food broker $112 $ 30 $ 50
$120 $ 32 $ 54
4. Wholesale food processor
or manufacturer
(a) Having gross sales of less
than $125,000 for the
immediately previous license
or fiscal year $150 $ 50 $100
$161 $ 54 $107
(b) Having $125,000 to $250,000
gross sales for the immediately
previous license or fiscal year $310 $ 75 $150
$332 $ 80 $161
(c) Having $250,001 to $1,000,000
gross sales for the immediately
previous license or fiscal year $449 $100 $200
$480 $107 $214
(d) Having $1,000,001 to
5,000,000 gross sales for the
immediately previous license or
fiscal year $562 $125 $250
$601 $134 $268
(e) Having $5,000,001 to
$10,000,000 gross sales for
the immediately previous
license or fiscal year $647 $150 $300
$692 $161 $321
(f) Having over $10,000,000
gross sales for the immediately
previous license or fiscal year $900 $200 $350
$963 $214 $375
5. Wholesale food processor of
meat or poultry products
under supervision of the
U. S. Department of Agriculture
(a) Having gross sales of less
than $125,000 for the
immediately previous license
or fiscal year $100 $ 25 $ 50
$107 $ 27 $ 54
(b) Having $125,000 to
$250,000 gross sales for the
immediately previous license
or fiscal year $169 $ 50 $ 75
$181 $ 54 $ 80
(c) Having $250,001 to
$1,000,000 gross sales for the
immediately previous license
or fiscal year $253 $ 75 $125
$271 $ 80 $134
(d) Having $1,000,001 to
$5,000,000 gross sales
for the immediately previous
license or fiscal year $310 $ 75 $150
$332 $ 80 $161
(e) Having $5,000,001 to
$10,000,000 gross sales for
the immediately previous
license or fiscal year $366 $100 $175
$392 $107 $187
(f) Having over $10,000,000
gross sales for the immediately
previous license or fiscal year $500 $150 $250
$535 $161 $268
6. Wholesale food processor or
manufacturer operating only at
the state fair $125 $ 40 $ 50
7. Wholesale food manufacturer
having the permission of the
commissioner to use the name
Minnesota Farmstead cheese $ 30 $ 10 $ 15
8. Nonresident frozen dairy
manufacturer $200 $ 50 $ 75
9. Wholesale food manufacturer
processing less than 700,000
pounds per year of raw milk $ 30 $ 10 $ 15
10. A milk marketing organization
without facilities for
processing or manufacturing
that purchases milk from milk
producers for delivery to a
licensed wholesale food
processor or manufacturer $ 50 $ 15 $ 25
Sec. 53. [28A.081] [CERTIFICATE FEES.]
A fee of $75 for each certificate shall be charged to all
food establishments that request certificates issued by the
Minnesota department of agriculture to facilitate the movement
of Minnesota processed and manufactured foods destined for
export from the state of Minnesota. Certificates include, but
are not limited to, a certificate of free sale, certificate of
export, certificate of sanitation, sanitary certificate,
certificate of origin and/or free sale, certificate of health
and/or free sale, sanitation, and purity, certificate of free
trade, certificate of free sale, sanitation, purity, and origin,
certificate of health, sanitation, purity, and free sale, and
letter of plant certification.
The commissioner shall bill a food establishment within
seven days after issuing a certificate to the establishment.
The operator of the food establishment must submit payment for a
certificate within ten days of the billing date. If a
certificate fee payment is not received within 15 days of the
billing date, the commissioner may not issue any future
certificates until previous fees due are paid in full.
Sec. 54. Minnesota Statutes 1998, section 29.22,
subdivision 5, is amended to read:
Subd. 5. [DISPOSITION OF FEES.] All fees collected and all
fines paid for a violation of sections 29.21 to 29.28 or rules
promulgated under those sections, as well as all license fees
and penalties must be deposited in the state treasury
agricultural fund, and credited to a separate account to be
known as the egg law inspection fund account, which is hereby
created, set aside, and appropriated as a revolving fund account
to be used by the department to help defray the expense of
inspection, supervision, and enforcement of sections 29.21 to
29.28 and is in addition to and not in substitution for the sums
regularly appropriated or otherwise made available for this
purpose to the department.
Sec. 55. Minnesota Statutes 1998, section 31.101,
subdivision 10, is amended to read:
Subd. 10. [MEAT AND POULTRY RULES.] Federal regulations in
effect on April 1, 1997 January 1, 1999, as provided by Code of
Federal Regulations, title 9, parts part 301 to 362 and 381 to
391, with the exception of Subpart C-Exemptions, sections 381.10
to 381.15 et seq., are incorporated as part of the meat and
poultry rules in this state. The rules may be amended by the
commissioner under chapter 14.
Sec. 56. Minnesota Statutes 1998, section 31.94, is
amended to read:
31.94 [COMMISSIONER DUTIES.]
(a) The commissioner shall enforce sections 31.92 to 31.95.
The commissioner shall withhold from sale or trade any product
sold, labeled, or advertised in violation of sections 31.92 to
31.95.
(b) The commissioner shall investigate the offering for
sale, labeling, or advertising of an article or substance as
organically grown, organically processed, or produced in an
organic environment if there is reason to believe that action is
in violation of sections 31.92 to 31.95.
(c) The commissioner may adopt rules that further clarify
organic food standards and marketing practices.
(d) In order to promote opportunities for organic
agriculture in Minnesota, the commissioner shall:
(1) survey producers and support services and organizations
to determine information and research needs in the area of
organic agriculture practices;
(2) work with the University of Minnesota to demonstrate
the on-farm applicability of organic agriculture practices to
conditions in this state;
(3) direct the programs of the department so as to work
toward the promotion of organic agriculture in this state;
(4) inform agencies of how state or federal programs could
utilize and support organic agriculture practices; and
(5) work closely with farmers, the University of Minnesota,
the Minnesota trade office, and other appropriate organizations
to identify opportunities and needs as well as ensure
coordination and avoid duplication of state agency efforts
regarding research, teaching, and extension work relating to
organic agriculture.
(e) By November 15 of each even-numbered year the
commissioner, in conjunction with the task force created in
section 31.95, subdivision 3a, shall report on the status of
organic agriculture in Minnesota to the legislative policy and
finance committees and divisions with jurisdiction over
agriculture. The report must include:
(1) a description of current state or federal programs
directed toward organic agriculture, including significant
results and experiences of those programs;
(2) a description of specific actions the department of
agriculture is taking in the area of organic agriculture,
including the proportion of the department's budget spent on
organic agriculture;
(3) a description of current and future research needs at
all levels in the area of organic agriculture; and
(4) suggestions for changes in existing programs or
policies or enactment of new programs or policies that will
affect organic agriculture.
Sec. 57. Minnesota Statutes 1998, section 31.95,
subdivision 3a, is amended to read:
Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota
grown organic product that is labeled "certified" must be
certified by a designated certification organization.
(b) A certified organic product sold in this state must be
certified by a designated certification organization or by a
certification organization approved by the commissioner. Before
approving a certification organization, the commissioner must
seek the evaluation and recommendation of the Minnesota organic
advisory task force.
(c) The commissioner shall appoint a Minnesota organic
advisory task force composed of members of the organic industry
to advise the commissioner on organic issues. Members of the
task force may not be paid compensation or costs for expenses to
advise the commissioner on policies and practices to improve
organic agriculture in Minnesota. The task force shall consist
of the following residents of the state:
(1) three farmers using organic agriculture methods;
(2) one organic food retailer or distributor;
(3) one representative of organic food certification
agencies;
(4) one organic food processor;
(5) one representative from the Minnesota extension
service;
(6) one representative from an environmental nonprofit
organization;
(7) two at-large members; and
(8) one representative from the agricultural utilization
research institute. Terms, compensation, and removal of members
are governed by section 15.059, subdivision 6. The task
force must meet at least twice each year and expires on June 30,
2001 2003.
Sec. 58. Minnesota Statutes 1998, section 31A.01, is
amended to read:
31A.01 [POLICY.]
Meat, poultry, and meat food products are an important
source of the nation's total supply of food. It is essential in
the public interest that the health and welfare of consumers be
protected by assuring that meat, poultry, and meat food products
distributed to them are wholesome, unadulterated, and properly
marked, labeled, and packaged. Unwholesome, adulterated, or
misbranded meat, poultry, or meat food products injure the
public welfare, destroy markets for wholesome, unadulterated,
and properly labeled and packaged meat, poultry, and meat food
products, and result in losses to livestock producers and
processors of meat, poultry, and meat food products and injury
to consumers. Unwholesome, adulterated, mislabeled, or
deceptively packaged articles can be sold at lower prices and
compete unfairly with wholesome, unadulterated, and properly
labeled and packaged articles, to the detriment of consumers and
the general public.
Regulation by the commissioner and cooperation between this
state and the United States under this chapter are appropriate
to protect the health and welfare of consumers and accomplish
the purposes of this chapter.
Sec. 59. Minnesota Statutes 1998, section 31A.02,
subdivision 4, is amended to read:
Subd. 4. [ANIMALS.] "Animals" means cattle, swine, sheep,
goats, poultry, farmed cervidae, as defined in section 17.451,
subdivision 2, llamas, as defined in section 17.455, subdivision
2, ratitae, as defined in section 17.453, subdivision 3, horses,
equines, and other large domesticated animals, not including
poultry.
Sec. 60. Minnesota Statutes 1998, section 31A.02, is
amended by adding a subdivision to read:
Subd. 17a. [FEDERAL POULTRY INSPECTION ACT.] "Federal
Poultry Inspection Act" means the Federal Poultry Products
Inspection Act, as amended.
Sec. 61. Minnesota Statutes 1998, section 31A.02, is
amended by adding a subdivision to read:
Subd. 24. [POULTRY.] "Poultry" means any domesticated
bird, including, but not limited to, chickens, turkeys, ducks,
geese, or guineas.
Sec. 62. Minnesota Statutes 1998, section 31A.15,
subdivision 1, is amended to read:
Subdivision 1. [INSPECTION.] The provisions of sections
31A.01 to 31A.16 requiring inspection of the slaughter of
animals and the preparation of the carcasses, parts of
carcasses, meat, poultry, and meat food products at
establishments conducting slaughter and preparation do not apply:
(1) to the processing by a person of the person's own
animals and the owner's preparation and transportation in
intrastate commerce of the carcasses, parts of carcasses, meat,
poultry, and meat food products of those animals exclusively for
use by the owner and members of the owner's household, nonpaying
guests, and employees; or
(2) to the custom processing by a person of cattle, sheep,
swine, poultry, or goats delivered by the owner for processing,
and the preparation or transportation in intrastate commerce of
the carcasses, parts of carcasses, meat, poultry, and meat food
products of animals, exclusively for use in the household of the
owner by the owner and members of the owner's household,
nonpaying guests, and employees. Meat from custom processing of
cattle, sheep, swine, poultry, or goats must be identified and
handled as required by the commissioner, during all phases of
processing, chilling, cooling, freezing, preparation, storage,
and transportation. The custom processor may not engage in the
business of buying or selling carcasses, parts of carcasses,
meat, poultry, or meat food products of animals usable as human
food unless the carcasses, parts of carcasses, meat, poultry, or
meat food products have been inspected and passed and are
identified as inspected and passed by the Minnesota department
of agriculture or the United States Department of Agriculture.
Sec. 63. Minnesota Statutes 1998, section 31A.21,
subdivision 1, is amended to read:
Subdivision 1. [DESIGNATION.] The Minnesota department of
agriculture is the state agency responsible for cooperating with
the United States Secretary of Agriculture under section 301 of
the Federal Meat Inspection Act and of the Poultry Products
Inspection Act to develop and administer the state meat
inspection program under this chapter so that its requirements
at least equal those imposed under titles I and IV of the
Federal Meat Inspection Act and of the Poultry Products
Inspection Act to develop and administer the state program under
sections 31A.17 to 31A.20 to carry out the purposes of this
chapter and the federal act.
Sec. 64. Minnesota Statutes 1998, section 31A.21,
subdivision 3, is amended to read:
Subd. 3. [ADVICE; CONSULTATION.] The Minnesota department
of agriculture may recommend to the United States Secretary of
Agriculture officials or employees of this state for appointment
to the advisory committees provided for in section 301 of the
Federal Meat Inspection Act and of the Poultry Products
Inspection Act. The Minnesota department of agriculture shall
serve as the representative of the governor for consultation
with the secretary under paragraph (c) of section 301 of the
Federal Meat Inspection Act and of the Poultry Products
Inspection Act unless the governor selects another
representative.
Sec. 65. Minnesota Statutes 1998, section 31A.31, is
amended to read:
31A.31 [CITATION.]
This chapter may be cited as the Minnesota Meat and Poultry
Inspection Act.
Sec. 66. [31B.07] [PRICE AND CONTRACT REPORTS.]
Subdivision 1. [DAILY PRICE REPORTS.] (a) At the close of
each business day on which a packer purchased or received on
contract livestock for slaughter, the packer must report to the
United States Department of Agriculture, Agricultural Marketing
Service, and the commissioner of agriculture all prices paid for
livestock under contract and through cash market sales during
that business day, including:
(1) the amount of the base price and a description of the
formula used to establish that base price;
(2) a description of the types and amount of any premiums
or discounts including but not limited to quality
characteristics, grade and yield, volume, early delivery,
percent lean, and transportation or acquisition cost savings to
the packer; and
(3) the basis on which payment was made including
live-weight, carcass weight, or value in the meat.
(b) The commissioner shall make information reported by
packers available to the public, through an electronic medium,
on the day succeeding the day covered by the packer's report.
The disclosure of information reported by the commissioner may
be made only in a form that ensures that:
(1) the identity of the parties involved in any transaction
described in a report is not disclosed;
(2) the identity of the packer submitting a report is not
disclosed; and
(3) the confidentiality of proprietary business information
is otherwise protected.
Subd. 2. [QUARTERLY REPORTS; COMMISSIONER PUBLICATION OF
TERMS AND PRICE.] (a) A packer that acquires livestock for
slaughter under contract with one or more producers shall,
within ten business days after the close of each calendar
quarter, provide a report to the commissioner. The report must
include copies of each type of marketing agreement, contract,
and joint venture agreement used by the packer to procure
slaughter livestock from producers during the previous calendar
quarter.
(b) Not later than 15 business days after packers have
provided reports required under paragraph (a), the commissioner
shall release to the agricultural press and other interested
parties a summary report of the contract terms and prices
offered by packers to producers during the previous calendar
quarter.
Subd. 3. [EXPIRATION.] The reporting provisions of this
section expire 30 days after a department or agency of the
federal government has a price reporting requirement at least as
comprehensive as this section.
Sec. 67. Minnesota Statutes 1998, section 32.21,
subdivision 4, is amended to read:
Subd. 4. [PENALTIES.] (a) A person, other than a milk
producer, who violates this section is guilty of a misdemeanor
or subject to a civil penalty up to $1,000.
(b) A milk producer may not change milk plants within 30
days, without permission of the commissioner, after receiving
notification from the commissioner under paragraph (c) or (d)
that the milk producer has violated this section.
(c) A milk producer who violates subdivision 3, clause (1),
(2), (3), (4), or (5), is subject to clauses (1) to (3) of this
paragraph.
(1) Upon notification of the first violation in a 12-month
period, the producer must meet with the dairy plant field
service representative to initiate corrective action within 30
days.
(2) Upon the second violation within a 12-month period, the
producer is subject to a civil penalty of $300. The
commissioner shall notify the producer by certified mail stating
the penalty is payable in 30 days, the consequences of failure
to pay the penalty, and the consequences of future violations.
(3) Upon the third violation within a 12-month period, the
producer is subject to an additional civil penalty of $300 and
possible revocation of the producer's permit or certification.
The commissioner shall notify the producer by certified mail
that all civil penalties owed must be paid within 30 days and
that the commissioner is initiating administrative procedures to
revoke the producer's permit or certification to sell milk for
at least 30 days.
(d) The producer's shipment of milk must be immediately
suspended if the producer is identified as an individual source
of milk containing residues causing a bulk load of milk to test
positive in violation of subdivision 3, clause (6) or (7).
Shipment may resume The Grade A or manufacturing grade permit
must be converted to temporary status for not more than 30 days
and shipment may resume only after subsequent milk has been
sampled by the commissioner or the commissioner's agent and
found to contain no residues above established tolerances or
safe levels.
The Grade A or manufacturing grade permit may be restored
if the producer remains eligible only for manufacturing grade
until the producer completes the "Milk and Dairy Beef Residue
Prevention Protocol" with a licensed veterinarian, displays the
signed certificate in the milkhouse, and sends verification to
the commissioner within the 30-day temporary permit status
period. If the producer does not comply within the temporary
permit status period, the Grade A or manufacturing grade permit
must be suspended. A milk producer whose milk supply is in
violation of subdivision 3, clause (6) or (7), and has caused a
bulk load to test positive is subject to clauses (1) to (3) of
this paragraph.
(1) For the first violation in a 12-month period, a dairy
plant may collect from the responsible producer the value of the
contaminated truck load of milk. If the amount collected by the
plant is less than two days of milk production on that farm,
then the commissioner must assess the difference as a civil
penalty payable by the plant or marketing organization on behalf
of the responsible producer.
(2) For the second violation in a 12-month period, a dairy
plant may collect from the responsible producer the value of the
contaminated truck load of milk. If the amount collected by the
plant is less than four days of milk production on that farm,
then the commissioner must assess the difference as a civil
penalty payable by the plant or marketing organization on behalf
of the responsible producer.
(3) For the third violation in a 12-month period, a dairy
plant may collect from the responsible producer the value of the
contaminated load of milk. If the amount collected by the plant
is less than four days of milk production on that farm, then the
commissioner must assess the difference as a civil penalty
payable by the plant or marketing organization on behalf of the
responsible producer. The commissioner shall also notify the
producer by certified mail that the commissioner is initiating
administrative procedures to revoke the producer's right to sell
milk for a minimum of 30 days.
(4) If a bulk load of milk tests negative for residues and
there is a positive producer sample on the load, no civil
penalties may be assessed to the producer. The plant must
report the positive result within 24 hours and reject further
milk shipments from that producer until the producer's milk
tests negative. The department shall suspend the producer's
permit and count the violation on the producer's record. The
producer remains eligible only for manufacturing grade
until Grade A or manufacturing grade permit must be converted to
temporary status for not more than 30 days during which time the
producer reviews must review the "Milk and Dairy Beef Residue
Prevention Protocol" with a licensed veterinarian, display the
signed certificate in the milkhouse, and send verification to
the commissioner. To maintain a permit or certification to
market milk, this program must be reviewed within 30 days. If
these conditions are met, the Grade A or manufacturing grade
permit must be reinstated. If the producer does not comply
within the temporary permit status period, the Grade A or
manufacturing grade permit must be suspended.
(e) A milk producer that has been certified as completing
the "Milk and Dairy Beef Residue Prevention Protocol" within 12
months of the first violation of subdivision 3, clause (7), need
only review the cause of the violation with a field service
representative within three days to maintain Grade A or
manufacturing grade permit and shipping status if all other
requirements of this section are met.
(f) Civil penalties collected under this section must be
deposited in the milk inspection services account established in
this chapter.
Sec. 68. Minnesota Statutes 1998, section 32.394,
subdivision 9, is amended to read:
Subd. 9. [PAYMENTS; REFUNDS; DISPOSITION.] Fees are
payable by a processor or marketing organization by July 1 of
each year for Grade A, and by January 1 of each year for
manufacturing grade, and if not paid within 30 days of the due
date, the service must be discontinued, and permission to market
manufacturing grade or Grade A milk or milk products or use the
Grade A label must be withdrawn. A processor may terminate
payment and service without loss of the Grade A label if written
notice of that intention is given prior to the due date of the
payment of an assessment and if the continuous inspection of the
plant is assumed by a city whose milk control ordinance is
substantially equivalent to Minnesota law and rule and is
enforced with equal effectiveness. If a farm discontinues the
production of milk within six months of the billing date, a
request for a refund based on inspection services not received
may be made by the processor or by the marketing organization on
behalf of its patrons. This request must be made in writing by
July 1 for manufacturing grade, or by December 31 for Grade A,
and on approval by the commissioner refunds must be made to the
processor or marketing organization.
The fees for services performed by the activities of this
section must be deposited in the state treasury agricultural
fund and constitute a separate account to be known as the dairy
services account, which is hereby created. Money in the
account, including interest earned, is appropriated to the
commissioner to administer this chapter.
Sec. 69. Minnesota Statutes 1998, section 35.02,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERS; OFFICERS.] The board has five
members appointed by the governor with the advice and consent of
the senate, three of whom are producers of livestock in the
state, and two of whom are practicing veterinarians licensed in
Minnesota. The dean of the college of veterinary medicine of
the University of Minnesota may serve as consultant to the board
without vote. Appointments to fill unexpired terms must be made
from the classes to which the retiring members belong. The
board shall elect a president and a vice-president from among
its members and a veterinarian licensed in Minnesota who is not
a member to be its executive secretary director for a term of
one year and until a successor qualifies. The board shall set
the duties of the secretary director.
Sec. 70. Minnesota Statutes 1998, section 35.04, is
amended to read:
35.04 [DUTY OF BOARDS OF HEALTH.]
Boards of health as defined in section 145A.02, subdivision
2, shall assist the board in the prevention, suppression,
control, and eradication of contagious and infectious dangerous
diseases among domestic animals when directed to do so by the
secretary director or any member of the board. Two or more
local boards may be required in emergencies to cooperate in
giving assistance. The rules of the state board prevail over
conflicting local board rules.
Sec. 71. Minnesota Statutes 1998, section 35.05, is
amended to read:
35.05 [AUTHORITY OF STATE BOARD.]
(a) The state board may quarantine or kill any domestic
animal infected with, or which has been exposed to, a contagious
or infectious dangerous disease if it is necessary to protect
the health of the domestic animals of the state.
(b) The board may regulate or prohibit the arrival in and
departure from the state of infected or exposed animals and, in
case of violation of any rule or prohibition, may detain any
animal at its owner's expense. The board may regulate or
prohibit the importation of domestic animals which, in its
opinion, may injure the health of Minnesota livestock.
(c) The board may implement the United States, Voluntary
Johne's Disease Herd Status Program for cattle.
(d) Rules adopted by the board under authority of this
chapter must be published in the State Register.
Sec. 72. Minnesota Statutes 1998, section 35.08, is
amended to read:
35.08 [KILLING OF DISEASED ANIMALS.]
If the board decides upon the killing of an animal affected
with tuberculosis, paratuberculosis, or brucellosis, it shall
notify the animal's owner or keeper of the decision. If the
board, through its executive secretary director, orders that an
animal may be transported for immediate slaughter to any
abattoir where the meat inspection division of the United States
Department of Agriculture maintains inspection, or where the
animal and plant health inspection service of the United States
Department of Agriculture or the board establishes field
postmortem inspection, the owner must receive the value of the
net salvage of the carcass.
Before the animal is removed from the premises of the
owner, the representative or authorized agent of the board must
agree with the owner in writing as to the value of the animal.
In the absence of an agreement, three competent, disinterested
persons, one appointed by the board, one by the owner, and a
third by the first two, shall appraise the animal at its full
replacement cost taking into consideration the purpose and use
of the animal.
The appraisement made under this section must be in
writing, signed by the appraisers, and certified by the board to
the commissioner of finance, who shall draw a warrant on the
state treasurer for the amount due the owner.
Sec. 73. Minnesota Statutes 1998, section 35.09,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS.] The owner of an animal is entitled
to the indemnity provided in subdivision 1, except in the
following cases:
(1) steers;
(2) animals which have not been kept in good faith for one
year or since their birth in the state;
(3) animals brought into the state, contrary to law or
rules of the board;
(4) animals diseased on arrival in the state;
(5) animals belonging to the United States;
(6) animals belonging to institutions maintained by the
state, a county, or a municipality;
(7) animals which the owner or claimant knew or should have
known were diseased at the time they were acquired;
(8) animals exposed to brucellosis through the owner's
negligence;
(9) animals which have been injected with brucellosis
vaccine, bacterin, or other preparations made from or through
the agency of Brucella Microorganisms unless it was done in
compliance with the rules of the board;
(10) animals belonging to a person who has received
indemnity as a result of a former inspection or tests and has
then introduced into the same herd any animals which have not
passed the tuberculin or brucellosis test;
(11) animals if the owner, agent, or person in possession
of them has not complied with the rules of the board with
respect to condemned animals;
(12) condemned animals which are not destroyed within 15
days after the date of appraisal, or for which the owner refuses
to sign the appraisal or report of the members of the appraisal
board, except that in extraordinary circumstances and in
meritorious cases and at the discretion of the executive
secretary director of the board the time limit of 15 days may be
extended an additional 15 days if the owner receives permission
from the executive secretary director within 15 days of the date
of appraisal;
(13) livestock affected with tuberculosis,
paratuberculosis, or brucellosis unless the entire herd of which
the affected livestock is a part, or from which the affected
livestock has originated, is examined and tested under the
supervision of the board, in order to determine if they are free
from the disease;
(14) livestock affected with tuberculosis,
paratuberculosis, or brucellosis unless the owner has carried
out the instructions of the board relating to cleaning,
disinfection, and rendering the stables and premises in a
sanitary condition within 15 days of the time of removal of the
animals from the premises, except when, because of inclement
weather or other extenuating circumstances, the time is extended
by the executive secretary director of the board;
(15) livestock affected with tuberculosis,
paratuberculosis, or brucellosis, if the owner has fed milk or
milk products derived from creameries which was not pasteurized
as required by state laws; and
(16) animals owned by a nonresident if neither the owner
nor the owner's agent breed livestock in Minnesota.
If, at any time, the annual appropriation for payment of
indemnities becomes exhausted as a result of condemnation and
slaughter of animals, the board shall discontinue making further
official tests or authorizing tests unless an owner signs a
waiver on blanks furnished by the board of payment of indemnity
for any animals that may be condemned as the result of a test
and inspection which releases the state from any obligation to
pay indemnity from any future appropriation.
Sec. 74. Minnesota Statutes 1998, section 35.09,
subdivision 2a, is amended to read:
Subd. 2a. [NONREACTORS; CATTLE INELIGIBLE FOR TEST.] The
board may condemn and appraise nonreactors to the brucellosis
test and exposed cattle not eligible to be tested from herds
affected with brucellosis and may pay the owner the difference
between the appraisal value and the salvage value up to $300 for
grade animals or $600 for purebred registered animals if the
board through its executive secretary director has determined
according to criteria adopted by the board that herd
depopulation is essential to the goal of bovine brucellosis
eradication. Indemnity payable by the state must be reduced by
the amount paid by the United States Department of Agriculture.
No indemnity may be paid for steers.
Sec. 75. Minnesota Statutes 1998, section 35.67, is
amended to read:
35.67 [RABIES INVESTIGATION.]
If the executive secretary director of the board of animal
health, or a board of health as defined in section 145A.02,
subdivision 2, receives a written complaint that rabies exists
in a town or city in the board's jurisdiction, the board of
health shall investigate, either personally or through
subordinate officers, the truth of the complaint. A board of
health may also make an investigation and determination
independently, without having received a complaint. The fact
that a board of health has investigated and determined that
rabies does not exist in a jurisdiction does not deprive the
executive secretary director of the board of animal health of
jurisdiction or authority to make an investigation and
determination with reference to the territory. For the purposes
of sections 35.67 to 35.69, the jurisdiction of the
executive secretary director of the board of animal health is
the entire state.
Sec. 76. Minnesota Statutes 1998, section 35.68, is
amended to read:
35.68 [RABIES PROCLAMATION.]
If a board of health as defined in section 145A.02,
subdivision 2, investigates and finds that rabies does exist in
a town or city the board of health shall make and file a
proclamation of the investigation and determination which
prohibits the owner or custodian of any dog from allowing the
dog to be at large within the town or city unless the dog is
effectively muzzled so that it cannot bite any other animal or
person.
If the executive secretary director of the board of animal
health, after investigation, has determined that rabies exists
in any territory in the state, similar proclamations must be
issued in all towns and cities within the territory or area in
which it is necessary to control the outbreak and prevent the
spread of the disease. The proclamation must prohibit the owner
or custodian of any dog within the designated territory from
permitting or allowing the dog to be at large within the
territory unless the dog is effectively muzzled so that it
cannot bite any other animal or person.
All local peace officers and boards of health shall enforce
sections 35.67 to 35.69.
A proclamation issued by the board of health must be filed
with the clerk of the political subdivision responsible for the
board of health. One issued by the executive secretary director
of the board of animal health must be filed with the clerk of
each town and city within the territory it covers.
Each officer with whom the proclamation is filed shall
publish a copy of it in one issue of a legal newspaper published
in the clerk's town or city if one is published there. If no
newspaper is published there, the clerk must post a copy of the
proclamation in three public places. Publication is at the
expense of the municipality.
Proof of publication must be by affidavit of the publisher
and proof of posting must be by the person doing the posting.
The affidavit must be filed with the proclamation. The
proclamation is effective five days after the publication or
posting and remains effective for the period of time not
exceeding six months specified in it by the board of health
making the proclamation.
Sec. 77. Minnesota Statutes 1998, section 35.82,
subdivision 1b, is amended to read:
Subd. 1b. [CARCASSES FOR PET OR MINK FOOD.] (a) The board,
through its executive secretary director, may issue a permit to
the owner or operator of a pet food processing establishment, a
mink rancher, or a supplier of an establishment, located within
the boundaries of Minnesota, to transport the carcasses of
domestic animals that have died or have been killed, other than
by being slaughtered for human or animal consumption, over the
public highways to the establishment for pet food or mink food
purposes only. The owners and operators of pet food processing
establishments or their suppliers and mink ranch operators
located in any adjacent state with which a reciprocal agreement
is in effect under subdivision 3 are not required to possess a
permit issued under this subdivision. The permit is valid for
one year following the date of issue unless it is revoked.
(b) The owner or operator of a pet food processing plant or
mink ranch shall employ an official veterinarian. A
veterinarian named in the permit application who is accepted by
the board to act as the official veterinarian is authorized to
act as its representative.
(c) Carcasses collected by owners or operators under permit
may be used for pet food or mink food purposes if the official
veterinarian examines them and finds them suitable for pet food
or mink food purposes.
(d) Carcasses not passed by the official veterinarian for
pet food or mink food purposes must be disposed of by a
rendering plant operating under permit from the board.
(e) The board must require pet food processing
establishments, owners and operators of mink ranches, and
suppliers of these establishments to conform to rules of the
board applicable to rendering plants within the state.
Sec. 78. Minnesota Statutes 1998, 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 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 director,
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. 79. Minnesota Statutes 1998, section 35.82,
subdivision 3, is amended to read:
Subd. 3. [RECIPROCITY.] The executive secretary director
of the board may enter into a reciprocal agreement on behalf of
this state with an adjacent state which provides for permits to
be issued to rendering plants, pet food processing
establishments or suppliers of establishments, and mink ranch
operators located in either state to transport carcasses to
their plants, establishments, or ranches over the public
highways of this state and the reciprocating state.
This subdivision applies if the adjacent state has in
effect standards and requirements which are the equivalent of
the standards and requirements of this state as established by
the board.
Sec. 80. Minnesota Statutes 1998, section 35.92,
subdivision 5, is amended to read:
Subd. 5. [SUBPOENAS.] The board of animal health through
its executive secretary director may issue subpoenas to compel
the attendance of witnesses or submission of books, documents,
and records affecting the authority or privilege granted by a
license, registration, certification, or permit issued under
this chapter or by the board or issued by the commissioner of
agriculture if agreed to by the commissioner.
Sec. 81. Minnesota Statutes 1998, section 35.93,
subdivision 1, is amended to read:
Subdivision 1. [ADMINISTRATIVE REMEDIES.] The board of
animal health may seek to remedy violations by authorizing the
executive secretary director to issue a written warning,
administrative meeting, cease and desist, stop-sale, or other
special order, seizure, stipulation, or agreement, if the board
determines that the remedy is in the public interest.
Sec. 82. Minnesota Statutes 1998, section 41B.044,
subdivision 2, is amended to read:
Subd. 2. [ETHANOL DEVELOPMENT FUND.] There is established
in the state treasury an ethanol development fund. All
repayments of financial assistance granted under subdivision 1,
including principal and interest, must be deposited into this
the general fund. Interest earned on money in the fund accrues
to the fund, and money in the fund is appropriated to the
commissioner of agriculture for purposes of the ethanol
production facility loan program, including costs incurred by
the authority to establish and administer the program.
Sec. 83. Minnesota Statutes 1998, section 84.027,
subdivision 15, is amended to read:
Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner
may receive an application for, sell, and issue any license,
stamp, permit, registration, or transfer under the jurisdiction
of the commissioner by electronic means, including by
telephone. Notwithstanding section 97A.472, electronic and
telephone transactions may be made outside of the state. The
commissioner may:
(1) provide for the electronic transfer of funds generated
by electronic transactions, including by telephone;
(2) assign a license identification number to an applicant
who purchases a hunting or fishing license by electronic means,
to serve as temporary authorization to engage in the licensed
activity until the license is received or expires;
(3) charge and permit agents to charge a fee of individuals
who make electronic transactions, and transactions by telephone,
including a transaction the issuing fee under section 97A.485,
subdivision 6, and a credit card an additional transaction fee
not to exceed $3.50 for electronic transactions;
(4) select up to four volunteer counties, not more than two
in the metropolitan area, to participate in this pilot project
and the counties shall select the participating agents; and
(5) upon completion of a pilot project, implement a
statewide system and select the participating agents; and
(6) adopt rules to administer the provisions of this
subdivision.
(b) A county shall not collect a commission for the sale of
licenses or permits made by agents selected by the participating
counties under this subdivision.
(c) Establishment of the transaction fee under paragraph
(a), clause (3), is not subject to the rulemaking procedures of
chapter 14.
(d) Money received from fees and commissions collected
under this subdivision, including interest earned, is annually
appropriated from the game and fish fund and the natural
resources fund to the commissioner for the cost of electronic
licensing.
Sec. 84. Minnesota Statutes 1998, section 84.0855, is
amended by adding a subdivision to read:
Subd. 1a. [SOFTWARE SALES.] Notwithstanding section
16B.405, the commissioner may sell or license intellectual
property and software products or services developed by the
department or custom developed by a vendor for the department.
Sec. 85. Minnesota Statutes 1998, section 84.0855,
subdivision 2, is amended to read:
Subd. 2. [RECEIPTS; APPROPRIATION.] Money received by the
commissioner under this section or to buy supplies for the use
of volunteers, may be credited to one or more special accounts
in the state treasury and is appropriated to the commissioner
for the purposes for which the money was received. Money
received from sales at the state fair shall be available for
state fair related costs. Money received from sales of
intellectual property and software products or services shall be
available for development, maintenance, and support of software
products and systems.
Sec. 86. Minnesota Statutes 1998, section 84.81, is
amended by adding a subdivision to read:
Subd. 13. [METAL TRACTION DEVICE.] "Metal traction device"
means any metal device or array of metal devices attached to a
snowmobile track to enhance traction that is:
(1) made of metal, except that metal cleats affixed
perpendicular to the direction of travel of a snowmobile track
which was manufactured in 1981 or earlier shall not be
considered a metal traction device; or
(2) affixed to a snowmobile track with metal components
that extend more than one-fourth inch from the bottom of the
track.
Sec. 87. Minnesota Statutes 1998, section 84.8205, is
amended by adding a subdivision to read:
Subd. 6. [DUPLICATE STATE TRAIL STICKERS.] The
commissioner shall issue a duplicate sticker to persons whose
sticker is lost or destroyed using the process established under
section 97A.405, subdivision 3, and rules promulgated
thereunder. The fee for a duplicate state trail sticker is $2,
with an issuing fee of 50 cents.
Sec. 88. Minnesota Statutes 1998, section 84.83,
subdivision 3, is amended to read:
Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited
in the account and interest earned on that money may be expended
only as appropriated by law for the following purposes:
(1) for a grant-in-aid program to counties and
municipalities for construction and maintenance of snowmobile
trails, including maintenance of trails on lands and waters of
Voyageurs National Park;
(2) for acquisition, development, and maintenance of state
recreational snowmobile trails;
(3) for snowmobile safety programs; and
(4) for the administration and enforcement of sections
84.81 to 84.90.
Sec. 89. Minnesota Statutes 1998, section 84.83,
subdivision 4, is amended to read:
Subd. 4. [PROVISIONS APPLICABLE TO FUNDING RECIPIENTS.] (a)
Recipients of Minnesota trail assistance program funds must be
afforded the same protection and be held to the same standard of
liability as a political subdivision under chapter 466 for
activities associated with the administration, design,
construction, maintenance, and grooming of snowmobile trails.
(b) Recipients of Minnesota trail assistance program funds
who maintain ice trails on waters of Voyageurs National Park are
expressly immune from liability under section 466.03,
subdivision 6e.
Sec. 90. Minnesota Statutes 1998, 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 or
the adult training. The commissioner shall establish a fee that
neither significantly over recovers nor under recovers costs,
including overhead costs, involved in providing the services.
The fee is not subject to the rulemaking provisions of chapter
14 and section 14.386 does not apply. 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. 91. Minnesota Statutes 1998, section 84.862,
subdivision 1, is amended to read:
Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY TRAINING.]
Effective October 1, 1998, any resident born after December 31,
1979, who operates a snowmobile in Minnesota, must possess a
valid snowmobile safety certificate or a driver's license or
identification card with a valid snowmobile qualification
indicator issued under section 171.07, subdivision 12. The
certificate or qualification indicator may only be issued upon
successful completion of the a course authorized under section
84.86 or 84.862, subdivision 2, if the person is 16 years of age
or older.
Sec. 92. Minnesota Statutes 1998, section 84.862,
subdivision 2, is amended to read:
Subd. 2. [ADULT SAFETY TRAINING.] Effective October 1,
2002, any resident born after December 31, 1976, and before
December 31, 1983, who operates a snowmobile in Minnesota, must
possess a valid operator's permit or driver's license or
identification card with a valid snowmobile qualification
indicator issued under section 171.07, subdivision 12, showing
successful completion of a safety course designed for adults or
persons 16 years of age or older. Whenever possible, the course
shall include a riding component that stresses stopping
distances.
Sec. 93. Laws 1999, chapter 4, section 2, is amended to
read:
Sec. 2. [84.8712] [METAL TRACTION DEVICES; PROHIBITION ON
PAVED TRAILS.]
Subdivision 1. [PROHIBITION.] A person may not use a
snowmobile with metal traction devices on any paved public
trail, except:
(1) as provided by a local government with jurisdiction
over a trail;
(2) to make the shortest possible crossing over a paved
state trail at slow speed; or
(3) on any portion of a paved state trail designated by the
commissioner. A person may not use a snowmobile with metal
traction devices on a paved public trail, except as otherwise
provided by a local government with jurisdiction over a trail or
any portion of a paved state trail designated by the
commissioner.
Subd. 2. [CIVIL CITATION; AUTHORITY TO ISSUE.]
Conservation officers and other licensed peace officers may
issue civil citations to a person who operates a snowmobile in
violation of this section. The citation must impose a penalty
of no more than $50 for the first offense, no more than $300 for
the second offense, and no more than $600 for third and
subsequent offenses.
Subd. 3. [APPEALS.] Civil citations for offenses under
this section may be appealed under the procedures in section
116.072, subdivision 6, if the recipient of the citation
requests a hearing by notifying the commissioner in writing
within 15 days after receipt of the citation. For the purposes
of the enforcement of this section, the terms "commissioner" and
"agency" as used in section 116.072 mean the commissioner of
natural resources. If a hearing is not requested within the
15-day period, the citation becomes a final order not subject to
further review.
Subd. 4. [ENFORCEMENT.] Civil citations for offenses under
this section may be enforced under section 116.072, subdivision
9. If a person fails to pay a penalty owed under this section,
the person may not operate a snowmobile until the penalty is
paid. Penalty amounts must be remitted within 30 days of
issuance of the penalty citation.
Subd. 5. [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts
collected from civil citations issued under this section are
deposited to the unit of government employing the officer that
issues the civil citation. The commissioner must deposit
penalty amounts received by the state in the snowmobile trails
and enforcement account established by section 84.83,
subdivision 1. The penalty amounts in the account must be
dedicated for the repair of paved public trails.
Subd. 6. [SELECTION OF REMEDY.] A person operating a
snowmobile in violation of this section is guilty of a petty
misdemeanor punishable by a fine of no more than $50 for the
first offense, no more than $300 for the second offense, and no
more than $600 for the third and subsequent offenses. A peace
officer may not seek both civil and petty misdemeanor penalties
for a violation of this section.
Sec. 94. [84.8713] [METAL TRACTION DEVICE STICKER.]
Subdivision 1. [STICKER REQUIRED; FEE.] (a) An owner of a
snowmobile registered in the state may not operate the
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 $12 fee. The
sticker is valid for one year following June 30 in the year it
is issued.
(b) The requirements in paragraph (a) do not apply to
snowmobiles owned, leased, or operated by the state or a
political subdivision, or to snowmobiles used in an organized
race, so long as they do not utilize a paved public trail,
except as otherwise provided in this chapter.
(c) 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 is appropriated to the commissioner
of natural resources, and must be used for repair of paved
public trails, unless a trail is exempted by local authorities
under section 84.8712, 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 and clearly visible to law enforcement authorities.
Subd. 3. [LICENSE AGENTS.] The commissioner shall sell
metal traction device stickers for a $1 issuance fee through the
process established under section 84.82, subdivision 2.
Subd. 4. [DUPLICATE METAL TRACTION DEVICE STICKERS.] The
commissioner or an authorized deputy registrar of motor vehicles
shall issue a duplicate metal traction device sticker to a
person whose sticker is lost or destroyed. A duplicate sticker
may not be issued unless the applicant takes an oath covering
the facts of loss or destruction of the sticker and signs an
affidavit. The fee for a duplicate metal traction device
sticker is $2, with an issuing fee of 50 cents.
Subd. 5. [REPEALER.] This section is repealed on July 1,
2004.
Sec. 95. Minnesota Statutes 1998, section 84.872,
subdivision 1, is amended to read:
Subdivision 1. [RESTRICTIONS ON OPERATION.] (a)
Notwithstanding anything in section 84.87 to the contrary, no
person under 14 years of age shall make a direct crossing of a
trunk, county state-aid, or county highway as the operator of a
snowmobile, or operate a snowmobile upon a street or highway
within a municipality.
A person 14 years of age or older, but less than 18 years
of age, may make a direct crossing of a trunk, county state-aid,
or county highway only if the person has in immediate possession
a valid snowmobile safety certificate issued by the commissioner
or a valid motor vehicle operator's driver's license issued by
the commissioner of public safety or the driver's license
authority of another state or identification card with a valid
snowmobile qualification indicator issued under section 171.07,
subdivision 12.
(b) Notwithstanding section 84.862, no person under the age
of 14 years shall operate a snowmobile on any public land,
public easements, or water or grant-in-aid trail unless
accompanied by one of the following listed persons on the same
or an accompanying snowmobile, or on a device towed by the same
or an accompanying snowmobile: the person's parent, legal
guardian, or other person 18 years of age or older designated by
the parent or guardian. However, a person 12 years of age or
older but under the age of 14 years may operate a snowmobile on
public lands, public easements, and waters or a grant-in-aid
trail if the person has in immediate possession a valid
snowmobile safety certificate issued by the commissioner or an
identification card with a valid snowmobile qualification
indicator issued under section 171.07, subdivision 12.
Sec. 96. Minnesota Statutes 1998, section 84.91,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] (a) No owner or other
person having charge or control of any snowmobile or all-terrain
vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol
or a controlled substance or other substance to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.
(b) No owner or other person having charge or control of
any snowmobile or all-terrain vehicle shall knowingly authorize
or permit any person, who by reason of any physical or mental
disability is incapable of operating the vehicle, to operate the
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a
snowmobile or all-terrain vehicle anywhere in this state or on
the ice of any boundary water of this state is subject to
sections 169.121 to 169.1218 and 169.123 to 169.129. In
addition to the applicable sanctions under chapter 169, a person
who is convicted of violating section 169.121 while operating a
snowmobile or all-terrain vehicle, or who refuses to comply with
a lawful request to submit to testing under section 169.123,
shall be prohibited from operating the snowmobile or all-terrain
vehicle for a period of one year. The commissioner shall notify
the convicted person of the time period during which the person
is prohibited from operating a snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating
privileges prohibition is governed by section 97B.066,
subdivisions 7 to 9, if the person does not have a prior
impaired driving conviction or prior license revocation, as
defined in section 169.121, subdivision 3. Otherwise,
administrative and judicial review of the prohibition is
governed by section 169.123.
(e) The court shall promptly forward to the commissioner
and the department of public safety copies of all convictions
and criminal and civil sanctions imposed under this section and
chapter 169 relating to snowmobiles and all-terrain vehicles.
(f) A person who violates paragraph (a) or (b), or an
ordinance in conformity with either of them, is guilty of a
misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from
operating a vehicle under paragraph (c) is guilty of a
misdemeanor.
Sec. 97. Minnesota Statutes 1998, section 84.98,
subdivision 6, is amended to read:
Subd. 6. [FEES.] The commissioner may charge a fee for any
service performed by the Minnesota conservation corps. Fees
generated shall be deposited in a special revenue fund and
appropriated to the commissioner for Minnesota conservation
corps projects and administration.
Sec. 98. [ADDING LAND TO BLUE MOUNDS STATE PARK.]
[85.012] [Subd. 8.] The following area is added to Blue
Mounds state park: That part of the Northeast Quarter of the
Southwest Quarter and the Southeast Quarter of the Northwest
Quarter of Section 13, Township 103 North, Range 45 West, Rock
County, described as follows: Commencing at the southwest
corner of said Northeast Quarter of the Southwest Quarter;
thence on an assumed bearing of South 89 degrees 36 minutes 41
seconds East along the south line of said Northeast Quarter of
the Southwest Quarter 165.00 feet to the point of beginning;
thence North 00 degrees 17 minutes 27 seconds West parallel with
the west line of said section 1438.74 feet to an iron stake with
DNR caps; thence South 88 degrees 57 minutes 33 seconds East
along an existing fence line 42.15 feet; thence South 00 degrees
30 minutes 38 seconds West along an existing fence line 1438.16
feet to the south line of said Northeast Quarter of the
Southwest Quarter; thence North 89 degrees 36 minutes 41 seconds
West along said south line 22.02 feet to the point of beginning.
Sec. 99. [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA,
ST. LOUIS COUNTY.]
Subdivision 1. [85.013] [Subd. 12a.] [ADDITIONS TO IRON
RANGE OFF-HIGHWAY VEHICLE RECREATION AREA, ST. LOUIS
COUNTY.] The following areas are added to the Iron Range
off-highway vehicle recreation area, all in St. Louis county:
(1) Section 2, Township 58 North, Range 17 West, EXCEPT:
the East Half; the North Half of the Northwest Quarter; and the
Southeast Quarter of the Northwest Quarter;
(2) Section 3, Township 58 North, Range 17 West, EXCEPT:
the Southeast Quarter; the North Half of the Northeast Quarter;
the North Half of the Northwest Quarter; the Southwest Quarter
of the Northwest Quarter; and the Northwest Quarter of the
Southwest Quarter;
(3) Section 4, Township 58 North, Range 17 West, EXCEPT:
the West Half; the Northeast Quarter; the North Half of the
Southeast Quarter; and the Southwest Quarter of the Southeast
Quarter;
(4) Section 8, Township 58 North, Range 17 West, EXCEPT:
the West Half; the West Half of the Southeast Quarter; and the
West Half of the Northeast Quarter;
(5) Section 9, Township 58 North, Range 17 West;
(6) Section 11, Township 58 North, Range 17 West, EXCEPT:
the West Half of the Northwest Quarter; and the Northwest
Quarter of the Southwest Quarter;
(7) Section 14, Township 58 North, Range 17 West, EXCEPT:
the East Half;
(8) Section 15, Township 58 North, Range 17 West, lying
North of the DM&IR grade, EXCEPT: the Southwest Quarter; and
the South Half of the Northwest Quarter;
(9) Section 16, Township 58 North, Range 17 West, lying
North of county road 921, EXCEPT: the East Half of the
Southeast Quarter, lying North of the DM&IR grade;
(10) Section 22, Township 58 North, Range 17 West, lying
North of the DM&IR grade; and
(11) Section 23, Township 58 North, Range 17 West, a 100
foot corridor of the Mesabi Trail as located between the west
line of said Section 23 and Minnesota trunk highway No. 135.
Subd. 2. [ADVISORY COMMITTEE; ADDING MEMBERS.] The
advisory committee created under Laws 1996, chapter 407, section
32, subdivision 4, shall continue to provide direction on the
planning, development, and operation of the Iron Range
off-highway vehicle recreation area, including the land added
under subdivision 1. The following members are added to the
advisory committee:
(1) a representative of the city council of Gilbert; and
(2) a representative of the city council of Virginia.
Subd. 3. [MINING.] The commissioner shall recognize the
possibility that mining, including, but not limited, to taconite
and iron ore, may be conducted in the future within the Iron
Range off-highway vehicle area and that use of portions of the
surface estate and control of the flowage of water may be
necessary for future mining operations.
Subd. 4. [MANAGEMENT PLAN.] The commissioner of natural
resources and the local area advisory committee shall
cooperatively develop a separate comprehensive management plan
for the land added to the Iron Range off-highway vehicle
recreation area under subdivision 1. The management plan shall
provide for:
(1) multiple use recreation for off-highway vehicles;
(2) protection of natural resources;
(3) limited timber management;
(4) mineral exploration and mining management;
(5) land acquisition needs;
(6) road and facility development; and
(7) trail and road connections between the land added under
subdivision 1 and the land added by Laws 1996, chapter 407,
section 32, subdivision 6.
The completed management plan, together with the management
plan completed under Laws 1996, chapter 407, section 32,
subdivision 5, shall serve as the master plan for the Iron Range
off-highway vehicle recreation area under Minnesota Statutes,
section 86A.09.
Subd. 5. [APPLICABILITY OF OTHER LAW.] Except as otherwise
provided by this section, the provisions of Laws 1996, chapter
407, section 32, apply to the land added to the Iron Range
off-highway vehicle recreation area under subdivision 1.
Sec. 100. Minnesota Statutes 1998, section 85.015,
subdivision 4, is amended to read:
Subd. 4. [DOUGLAS TRAIL, OLMSTED, WABASHA, AND GOODHUE
COUNTIES.] (a) The trail shall originate at Rochester in Olmsted
county and shall follow the route of the Chicago Great Western
Railroad to Pine Island in Goodhue county and there terminate.
(b) Additional trails may be established that extend the
Douglas trail system to include Pine Island, Mazeppa in Wabasha
county to Zumbrota, Bellechester, Goodhue, and Red Wing in
Goodhue county. In addition to the criteria in section 86A.05,
subdivision 4, these trails must utilize abandoned railroad
rights-of-way where possible.
(c) The trail shall be developed primarily for riding and
hiking.
(d) Under no circumstances shall the commissioner acquire
any of the right-of-way of the Chicago Great Western Railroad
until the abandonment of the line of railway described in this
subdivision has been approved by the Interstate Commerce
Commission.
Sec. 101. Minnesota Statutes 1998, section 85.015, is
amended by adding a subdivision to read:
Subd. 21. [GITCHI-GAMI TRAIL, LAKE AND COOK COUNTIES.] (a)
The trail shall originate in the city of Two Harbors and shall
extend in a northeasterly direction along the shore of Lake
Superior, running parallel to state highway 61 to the city of
Grand Marais.
(b) The trail shall be developed primarily for hiking and
bicycling.
Sec. 102. Minnesota Statutes 1998, section 85.019,
subdivision 2, is amended to read:
Subd. 2. [PARKS AND OUTDOOR RECREATION AREAS.] The
commissioner shall administer a program to provide grants to
units of government for up to 50 percent of the costs or
$50,000, whichever is less, of acquisition and betterment of
public land and improvements needed for parks and other outdoor
recreation areas and facilities.
Sec. 103. Minnesota Statutes 1998, section 85.019, is
amended by adding a subdivision to read:
Subd. 4b. [REGIONAL TRAILS.] The commissioner shall
administer a program to provide grants to units of government
for up to 50 percent of the costs of acquisition and betterment
of public land and improvements needed for trails deemed to be
of regional significance according to criteria published by the
commissioner. If land used for the trails is not in full public
ownership, then the recipients must prove it is dedicated to the
purposes of the grants for at least 20 years.
Sec. 104. Minnesota Statutes 1998, section 85.019, is
amended by adding a subdivision to read:
Subd. 4c. [LOCAL TRAIL CONNECTIONS.] The commissioner
shall administer a program to provide grants to units of
government for up to 50 percent of the costs of acquisition and
betterment of public land and improvements needed for trails
that connect communities, trails, and parks and thereby increase
the effective length of trail experiences. If land used for the
trails is not in full public ownership, then the recipients must
prove it is dedicated to the purposes of the grants for at least
20 years.
Sec. 105. Minnesota Statutes 1998, section 85.40,
subdivision 5, is amended to read:
Subd. 5. [CROSS-COUNTRY SKI TRAIL.] "Cross-country ski
trail" means a public pathway designated and promoted for cross
country skiing, excluding trails that have not received state
acquisition or betterment funds for recreational purposes in
state parks as defined in section 85.012, on state forest lands
as defined in section 89.001, on state trails as defined in
section 85.015, on elements of the regional recreation open
space system as defined in section 473.147, or on trails within
the cross-country ski grant-in-aid program as defined in section
85.44.
Sec. 106. Minnesota Statutes 1998, section 85.41,
subdivision 1, is amended to read:
Subdivision 1. [ON PERSON.] While skiing on cross-country
ski trails, a person between the ages of 16 and 64 years age 16
and over shall carry in immediate possession a valid, signed
cross-country ski pass. A landowner who grants an easement for
a grant-in-aid ski trail is not required to have a pass when
skiing on the landowner's property.
Sec. 107. Minnesota Statutes 1998, section 85.41,
subdivision 4, is amended to read:
Subd. 4. [FORM.] The department shall provide forms and
blanks to all agents authorized to issue passes by the
commissioner. The pass shall be with the skier and available
for inspection by any peace or conservation officer. The pass
shall include the applicant's name signature and other
information deemed necessary by the commissioner.
Sec. 108. Minnesota Statutes 1998, section 85.41,
subdivision 5, is amended to read:
Subd. 5. [AGENT'S ISSUING FEE.] The fee for a
cross-country ski pass shall be increased by the amount of an
issuing fee of 50 cents $1 per pass. The issuing fee may shall
be retained by the seller of the pass. A pass shall indicate
the amount of the fee that is retained by the seller. This
subdivision does not apply to any pass sold by the state.
Sec. 109. Minnesota Statutes 1998, section 85.42, is
amended to read:
85.42 [USER FEE; VALIDITY.]
(a) The fee for an annual cross-country ski pass is $5 for
an individual pass or $7.50 for a combination husband and wife
pass $9 for an individual age 16 and over. The fee for a
three-year pass is $14 for an individual pass or $21 for a
combination husband and wife pass $24 for an individual age 16
and over. This fee shall be collected at the time the pass is
purchased. Three-year passes are valid for three years
beginning the previous July 1. Annual passes are valid for one
year beginning the previous July 1. Passes are not transferable.
(b) The cost for a daily cross-country skier pass is $1 $2
for an individual age 16 and over. This fee shall be collected
at the time the pass is purchased. The daily pass is valid only
for the date designated on the pass form.
(c) A pass must be signed by the skier across the front of
the pass to be valid and becomes nontransferable on signing.
Sec. 110. Minnesota Statutes 1998, section 85.44, is
amended to read:
85.44 [CROSS-COUNTRY SKI TRAIL GRANT-IN-AID PROGRAM.]
The commissioner shall establish a grant-in-aid program for
local units of government and special park districts for the
acquisition, development, and maintenance of cross-country ski
trails. Grants shall be available for acquisition of trail
easements but may not be used to acquire any lands in fee
title. Local units of government and special park districts
applying for and receiving grants under this section shall be
considered to have cross-country ski trails for one year
following the expiration of their last grant. The department
shall reimburse all public sponsors of grants-in-aid
cross-country ski trails based upon criteria established by the
department. Prior to the use of any reimbursement criteria, a
certain proportion of the revenues shall be allocated on the
basis of user fee sales location.
Sec. 111. Minnesota Statutes 1998, section 85.45,
subdivision 1, is amended to read:
Subdivision 1. [SKIING WITHOUT PASS.] No person may ski on
a public cross-country ski trail, including a grant-in-aid
cross-country ski trail, without a valid, signed cross-country
ski pass. Effective July 1, 1984, Any person who violates this
subdivision is guilty of a petty misdemeanor.
Sec. 112. Minnesota Statutes 1998, section 86B.415, is
amended to read:
86B.415 [LICENSE FEES.]
Subdivision 1. [WATERCRAFT 19 FEET OR LESS.] The fee for a
watercraft license for watercraft 19 feet or less in length is
$12 $18 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;
(5) for a personal watercraft, the fee is $25; and
(6) for a watercraft less than 17 feet in length, other
than a watercraft listed in clauses (1) to (5), the fee is $12.
Subd. 2. [WATERCRAFT OVER 19 FEET.] Except as provided in
subdivisions 3, 4, and 5, the watercraft license fee:
(1) for a watercraft more than 19 feet but less than 26
feet in length is $20 $30;
(2) for a watercraft 26 feet but less than 40 feet in
length is $30 $45; and
(3) for a watercraft 40 feet in length or longer is $40 $60.
Subd. 3. [WATERCRAFT OVER 19 FEET FOR HIRE.] The license
fee for a watercraft more than 19 feet in length for hire with
an operator is $50 each.
Subd. 4. [WATERCRAFT USED BY NONPROFIT CORPORATION FOR
TEACHING.] The watercraft license fee for a watercraft used by a
nonprofit organization for teaching boat and water safety is $3
each.
Subd. 5. [DEALER'S LICENSE.] There is no separate fee for
watercraft owned by a dealer under a dealer's license. The fee
for a dealer's license is $30 $45.
Subd. 6. [TRANSFER OR DUPLICATE LICENSE.] The fee to
transfer a watercraft license or be issued a duplicate license
is $3.
Subd. 7. [WATERCRAFT SURCHARGE.] A $5 surcharge is placed
on each watercraft licensed under subdivisions 1 to 5 for
control, public awareness, law enforcement, monitoring, and
research of nuisance aquatic exotic species such as zebra
mussel, purple loosestrife, and Eurasian water milfoil in public
waters and public wetlands.
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.
Subd. 8. [REGISTRAR'S FEE.] In addition to the license
fee, a fee of $2 shall be charged for a watercraft license:
(1) issued through the registrar or a deputy registrar of
motor vehicles and the additional fee shall be disposed of in
the manner provided in section 168.33, subdivision 2; or
(2) issued through the commissioner and the additional fee
shall be deposited in the state treasury and credited to the
water recreation account.
Subd. 9. [DISPOSITION OF RECEIPTS.] Money received for
watercraft licenses shall be deposited in the state treasury and
credited to the water recreation account.
Subd. 10. [ACCOUNTING.] The commissioner of natural
resources, in agreement with the commissioner of public safety,
may prescribe the accounting and procedural requirements
necessary to assure efficient handling of watercraft
registrations and license fees by deputy registrars. Deputy
registrars shall strictly comply with these accounting and
procedural requirements.
Sec. 113. Minnesota Statutes 1998, section 88.067, is
amended to read:
88.067 [TRAINING OF GRANTS TO LOCAL FIRE DEPARTMENTS.]
The commissioner may make grants for procurement of fire
suppression equipment and training of fire departments in
techniques of fire control that. These grants will enable them
local fire departments to assist the state more effectively in
controlling wildfires. The commissioner may require a local
match for any grant. Fire suppression equipment may include,
but is not limited to, fire suppression tools and equipment,
protective clothing, dry hydrants, communications equipment, and
conversion of vehicles to wildfire suppression vehicles.
Training shall be provided to the extent practicable in
coordination with other public agencies with training and
educational responsibilities.
Sec. 114. Minnesota Statutes 1998, section 89A.01, is
amended by adding a subdivision to read:
Subd. 10a. [PEER REVIEW.] "Peer review" means a
scientifically based review conducted by individuals with
substantial knowledge and experience in the subject matter.
Sec. 115. Minnesota Statutes 1998, section 89A.02, is
amended to read:
89A.02 [POLICY.]
It is the policy of the state to:
(1) pursue the sustainable management, use, and protection
of the state's forest resources to achieve the state's economic,
environmental, and social goals;
(2) encourage cooperation and collaboration between public
and private sectors in the management of the state's forest
resources;
(3) recognize and consider forest resource issues,
concerns, and impacts at the site and landscape levels; and
(4) recognize the broad array of perspectives regarding the
management, use, and protection of the state's forest resources,
and establish processes and mechanisms that seek and incorporate
these perspectives in the planning and management of the state's
forest resources.
Nothing in this chapter abolishes, repeals, or negates any
existing authorities, policies, programs, or activities of the
commissioner or other statutory authorities related to managing
and protecting the state's forest resources.
Sec. 116. Minnesota Statutes 1998, section 89A.03, is
amended to read:
89A.03 [MINNESOTA FOREST RESOURCES COUNCIL.]
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
governor must appoint a chair and 15 other members to the
Minnesota forest resources council. The Indian affairs council
will appoint one additional member. When making appointments to
the council, the governor must appoint knowledgeable individuals
with an understanding of state forest resource issues who fairly
reflect a balance of the various interests in the sustainable
management, use, and protection of the state's forest resources
in order to achieve the purpose and policies specified in
section 89A.02, and subdivision 2 of this section. The council
membership appointed by the governor must include the following
individuals:
(1) a representative two representatives from an
organization organizations 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 owner of nonindustrial,
private forest land;
(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;
(14) an individual representing a secondary wood products
manufacturing organization; and
(15) a chair.
Subd. 2. [PURPOSE.] The council shall must develop
recommendations to the governor and to federal, state, county,
and local governments with respect to forest resource policies
and practices that result in the sustainable management, use,
and protection of the state's forest resources. The policies
and practices must:
(1) acknowledge the interactions of complex sustainable
forest resources, multiple ownership patterns, and local to
international economic forces;
(2) give equal consideration to the long-term economic,
ecological, and social needs and limits of the state's forest
resources;
(3) foster the productivity of the state's forests to
provide a diversity of sustainable benefits at site-levels and
landscape-levels;
(4) enhance the ability of the state's forest resources to
provide future benefits and services;
(5) foster no net loss of forest land in Minnesota:
(6) encourage appropriate mixes of forest cover types and
age classes within landscapes to promote biological diversity
and viable forest-dependent fish and wildlife habitats;
(7) encourage collaboration and coordination with multiple
constituencies in planning and managing the state's forest
resources; and
(8) address the environmental impacts and their implement
mitigations as recommended in the generic environmental impact
statement on timber harvesting.
Subd. 3. [COUNCIL MEETINGS.] The council shall establish
procedures for conducting its meetings in accordance with
section 471.705 that include provisions for seeking and
incorporating public input. At a minimum, meetings of the
council and all of the committees, task forces, technical teams,
regional committees, and other groups the council may establish
must be conducted in accordance with section 471.705. Except
where prohibited by law, the council must establish additional
processes to broaden public involvement in all aspects of its
deliberations.
Subd. 4. [COUNCIL OFFICERS AND STAFF.] The council shall
elect a chair from among its members. The council may shall
employ an executive director and administrative assistant who
shall have the authority to employ staff. Technical expertise
that will enable the council to carry out its functions must be
provided to the council by those interests represented on the
council.
Subd. 5. [MEMBERSHIP REGULATION.] Terms, compensation,
nomination, appointment, and removal of council members are
governed by section 15.059. Section 15.059, subdivision 5, does
not govern the expiration date of the council.
Subd. 6. [REPORT.] By January 1, 1997, the council shall
prepare a report to the governor and legislature on the status
of the state's forest resources, and strategic directions to
provide for their management, use, and protection. Information
generated by the reporting requirements in this chapter must be
incorporated in the council's report. To the extent possible,
the council's report must also identify the activities and
accomplishments of various programs that directly affect the
state's forest resources. The council must report to the
governor and to the legislative committees and divisions with
jurisdiction over environment and natural resource policy and
finance by February 1 of each year. The report must describe
the progress and accomplishments made by the council during the
preceding year.
Subd. 7. [REVIEW OF FOREST RESOURCES PLAN AND ASSESSMENT.]
The council shall undertake a review of the forest resource
management plan and forest assessment requirements contained in
section 89.011, and report to the commissioner no later than
July 1, 1996, on the appropriateness and effectiveness of these
requirements, including recommendations for enhancing existing
forest resource planning processes. The council shall review
draft statewide and district forest resource planning documents,
and incorporate the findings, including any recommendation, of
such reviews in its biennial report specified in subdivision 6.
Sec. 117. Minnesota Statutes 1998, section 89A.04, is
amended to read:
89A.04 [PARTNERSHIP.]
It is the policy of the state to encourage forest
landowners, forest managers, and loggers to establish a
partnership in which the implementation of council
recommendations can occur in a timely and coordinated manner
across ownerships. The partnership shall serve as a forum for
discussing operational implementation issues and problem solving
related to forest resources management and planning concerns,
and be responsive to the recommendations of the council. This
partnership shall also actively foster collaboration and
coordination among forest managers and landowners in addressing
landscape-level operations and concerns. In fulfilling its
responsibilities as identified in this chapter, the council
shall seek input from and consult with the partnership may
advise the council. Nothing in this section shall imply extra
rights or influence for the partnership.
Sec. 118. Minnesota Statutes 1998, section 89A.05, is
amended to read:
89A.05 [TIMBER HARVESTING AND FOREST MANAGEMENT
GUIDELINES.]
Subdivision 1. [DEVELOPMENT.] The council shall coordinate
the development of comprehensive timber harvesting and forest
management guidelines. The guidelines must address the water,
air, soil, biotic, recreational, and aesthetic resources found
in forest ecosystems by focusing on those impacts commonly
associated with applying site-level forestry practices. The
guidelines must reflect a range of practical and sound practices
based on the best available scientific information, and be
integrated to minimize conflicting recommendations while being
easy to understand and implement. Best management practices
previously developed for forest management must be incorporated
into the guidelines. By June 30, 2003, the council
shall periodically review and, when if deemed necessary, update
the guidelines. Changes to the guidelines shall be peer
reviewed prior to final adoption by the council. By December
1999, the council must undertake a peer review of the
recommendations in the forest management guidelines adopted in
December 1998 for protecting forest riparian areas and seasonal
ponds.
Subd. 2. [ECONOMIC CONSIDERATIONS.] Before the
implementation of timber harvesting and forest management
guidelines, new site-level practices and landscape-level
programs, the council shall analyze the costs and benefits of
new site-level practices and landscape-level programs. When the
analysis concludes that new landscape-level programs and
site-level practices will result in adverse economic effects,
including decreased timber supply and negative effects on
tourism, opportunities to offset those effects must be
explored. The council shall also:
(1) identify and quantify forest and timberland acreages
that will no longer be available for harvest; and
(2) encourage public resource agencies to provide
sustainable, predictable supplies of high-quality forest
resource benefits, including timber supplies that are consistent
with their multiple mandates and diverse management objectives.
These benefits should be provided by public resource agencies in
proportion to their forest land's capability to do so.
Subd. 2a. [REVIEW.] In reviewing the guidelines, the
council must consider information from forest resources,
practices, compliance, and effectiveness monitoring programs of
the department. The council's recommendations relating to
revisions to the forest management guidelines must be subject to
peer reviewers appointed by the council. The council must
consider recommendations of peer reviewers prior to final
adoption of revisions to the guidelines.
Subd. 3. [APPLICATION.] The timber harvesting and forest
management guidelines are voluntary. Prior to their actual use,
the council shall must develop guideline implementation goals
for each major forest land ownership category. If the
information developed as a result of the forest resources,
practices, compliance, and effectiveness monitoring programs
established in section 89A.07 conducted by the department or
other information obtained by the council indicates the
implementation goals for the guidelines are not being met and
the council determines significant adverse impacts are
occurring, the council shall recommend to the governor
additional measures to address those impacts. The council shall
must incorporate the recommendations as part of the council's
biennial report required by section 89A.03, subdivision 6.
Subd. 4. [MONITORING RIPARIAN FORESTS.] The commissioner,
with program advice from the council, shall accelerate
monitoring the extent and condition of riparian forests, the
extent to which harvesting occurs within riparian management
zones and seasonal ponds, and the use and effectiveness of
timber harvesting and forest management guidelines applied in
riparian management zones and seasonal ponds. This information
shall, to the extent possible, be consistent with the monitoring
programs identified in section 89A.07. Information gathered on
riparian forests and timber harvesting in riparian management
zones and seasonal ponds as specified in this subdivision shall
be presented to the legislature by February 2001 and in
subsequent reports required in section 89A.03, subdivision 6.
Sec. 119. Minnesota Statutes 1998, section 89A.06, is
amended to read:
89A.06 [LANDSCAPE-LEVEL FOREST RESOURCE PLANNING AND
COORDINATION.]
Subdivision 1. [FRAMEWORK.] The council shall must
establish a framework that will enable long-range strategic
planning and landscape coordination to occur, to the extent
possible, across all forested regions of the state and across
all ownerships. The framework must include:
(1) identification of the landscapes within which
long-range strategic planning of forest resources can occur,
provided that the landscapes must be delineated based on broadly
defined ecological units and existing classification systems,
yet recognize existing political and administrative boundaries
and planning processes;
(2) a statement of principles and goals for landscape-based
forest resource planning; and
(3) identification of a general process by which
landscape-based forest resource planning can occur occurs,
provided that the process must give considerable latitude to
design planning processes that fit the unique needs and
resources of each landscape; reflect a balanced consideration of
the economic, social, and environmental conditions and needs of
each landscape; and interface and establish formats that are
compatible with other landscape-based forest resource plans.
Subd. 2. [REGIONAL FOREST RESOURCE COMMITTEES.] To foster
landscape-based forest resource planning, the council shall must
establish regional forest resource committees. The Each
regional committees must committee shall:
(1) include representative interests in a particular region
that are committed to and involved in landscape planning and
coordination activities;
(2) serve as a forum for landowners, managers, and
representative interests to discuss landscape forest resource
issues;
(3) identify and implement an open and public process
whereby landscape-based strategic planning of forest resources
can occur;
(4) integrate its report with existing public and private
landscape planning efforts in the region;
(5) facilitate landscape coordination between existing
regional landscape planning efforts of land managers, both
public and private;
(6) identify and facilitate opportunities for public
participation in existing landscape planning efforts in this
region;
(7) identify sustainable forest resource goals for the
landscape and strategies to achieve those goals; and
(5) (8) provide a regional perspective to the council with
respect to council activities.
Subd. 2a. [REGIONAL FOREST COMMITTEE REPORTING.] The
council must report annually on the activities and progress made
by the regional forest committees established under subdivision
2, including the following:
(1) by December 1, 1999, the regional committee for the
council's northeast landscape will complete the identification
of draft desired future outcomes, key issues, and strategies for
the landscape;
(2) by July 1, 2000, the council will complete assessments
for the council's north central and southeast landscape regions;
(3) by July 1, 2001, the regional committees for the north
central and southeast landscapes will complete draft desired
future outcomes, key issues, and strategies for their respective
landscapes; and
(4) the council will establish time lines for additional
regional landscape committees and activities as staffing and
funding allow.
Subd. 3. [REGIONAL COMMITTEE OFFICERS AND STAFF.] Each
regional committee shall elect a chair from among its
members The council chair may appoint a chair from the regional
committee participants. The council shall ensure must include
in its budget request sufficient resources for each regional
committees have sufficient staff resources committee to carry
out their its mission as defined in this section.
Subd. 4. [REPORT.] Each regional committee shall must
report to the council its work activities and accomplishments.
Sec. 120. Minnesota Statutes 1998, section 89A.07,
subdivision 3, is amended to read:
Subd. 3. [EFFECTIVENESS MONITORING.] The commissioner, in
cooperation with other research and land management
organizations, shall evaluate the effectiveness of practices to
mitigate impacts of timber harvesting and forest management
activities on the state's forest resources. The council shall
provide oversight and program direction for the development and
implementation of this monitoring program. The commissioner
shall report to the council on the effectiveness of these
practices.
Sec. 121. Minnesota Statutes 1998, section 89A.07,
subdivision 5, is amended to read:
Subd. 5. [CITIZEN CONCERNS.] The council shall facilitate
the establishment of a process to accept comments from the
public on negligent timber harvesting or forest management
practices. Comments must also be directed to the organization
administering the certification program.
Sec. 122. Minnesota Statutes 1998, section 89A.10, is
amended to read:
89A.10 [CONTINUING EDUCATION; CERTIFICATION.]
It is the policy of the state to encourage timber
harvesters and forest resource professionals to establish
voluntary certification and continuing education programs within
their respective professions that promote sustainable forest
management. The council shall, where appropriate, facilitate
the development of these programs.
Sec. 123. Minnesota Statutes 1998, section 92.45, is
amended to read:
92.45 [STATE LAND ON MEANDERED LAKES WITHDRAWN FROM SALE.]
All state lands bordering on or adjacent to meandered lakes
and other public waters and watercourses, with the live timber
growing on them, are withdrawn from sale except as provided in
this section. The commissioner of natural resources may sell
the timber as otherwise provided by law for cutting and removal
under conditions the commissioner prescribes. The conditions
must be in accordance with approved, sustained-yield forestry
practices. The commissioner must reserve the timber and impose
other conditions the commissioner deems necessary to protect
watersheds, wildlife habitat, shorelines, and scenic features.
Within the area in Cook, Lake, and St. Louis counties described
in the act of Congress approved July 10, 1930, (Statutes at
Large, volume 46, page 1020), the timber on state lands is
subject to restrictions like those now imposed by the act on
federal lands.
The following land is reserved for public travel: of all
land bordering on or adjacent to meandered lakes and other
public waters and watercourses and withdrawn from sale, a strip
two rods wide, the ordinary high-water mark being its waterside
boundary, and its landside boundary a line drawn parallel to the
ordinary high-water mark and two rods distant landward from it.
Wherever the conformation of the shore line or conditions
require, the commissioner must reserve a wider strip.
Except for sales under section 282.018, subdivision 1, when
a state agency or any other unit of government requests the
legislature to authorize the sale of state lands bordering on or
adjacent to meandered lakes and other public waters and
watercourses, the commissioner shall evaluate the lands and
their public benefits and make recommendations on the proposed
dispositions to the committees of the legislature with
jurisdiction over natural resources. The commissioner shall
include any recommendations of the commissioner for disposition
of lands withdrawn from sale under this section over which the
commissioner has jurisdiction. The commissioner's
recommendations may include a public sale, sale to a private
party, acquisition by the commissioner for public purposes,
retention of a conservation easement for shoreland preservation
by the commissioner under chapter 84C, or a cooperative
management agreement with, or transfer to, another unit of
government.
The commissioner may sell state lands bordering on or
adjacent to the Mississippi river or any lakes, waters, and
watercourses in its bottom lands, desired or needed by the
United States government for, or in connection with, any project
heretofore authorized by Congress, to improve navigation in the
Mississippi River at public sale according to law, as in other
cases, upon application by an authorized United States
official. The application must describe the land and include a
map showing its location with reference to adjoining properties.
Sec. 124. Minnesota Statutes 1998, section 92.46,
subdivision 1, is amended to read:
Subdivision 1. [PUBLIC CAMPGROUNDS.] (a) The director may
designate suitable portions of the state lands withdrawn from
sale and not reserved, as provided in section 92.45, as
permanent state public campgrounds. The director may have the
land surveyed and platted into lots of convenient size, and
lease them for cottage and camp purposes under terms and
conditions the director prescribes, subject to the provisions of
this section.
(b) A lease may not be for a term more than 20 years. The
lease may allow renewal, from time to time, for additional terms
of no longer than 20 years each. The lease may be canceled by
the commissioner 90 days after giving the person leasing the
land written notice of violation of lease conditions. The lease
rate shall be based on the appraised value of leased land as
determined by the commissioner of natural resources and shall be
adjusted by the commissioner at the fifth, tenth, and 15th
anniversary of the lease, if the appraised value has increased
or decreased. For leases that are renewed in 1991 and following
years, the lease rate shall be five percent of the appraised
value of the leased land. The appraised value shall be the
value of the leased land without any private improvements and
must be comparable to similar land without any improvements
within the same county. The minimum appraised value that the
commissioner assigns to the leased land must be substantially
equal to the county assessor's estimated market value of similar
land adjusted by the assessment/sales ratio as determined by the
department of revenue.
(c) By July 1, 1986, the commissioner of natural resources
shall adopt rules under chapter 14 to establish procedures for
leasing land under this section. The rules shall be subject to
review and approval by the commissioners of revenue and
administration prior to the initial publication pursuant to
chapter 14 and prior to their final adoption. The rules must
address at least the following:
(1) method of appraising the property; and
(2) an appeal procedure for both the appraised values and
lease rates.
(d) All money received from these leases must be credited
to the fund to which the proceeds of the land belong.
Notwithstanding section 16A.125 or any other law to the
contrary, 50 for fiscal years 1999 and 2000, 100 percent, and
thereafter, 50 percent, of the money received from the lease of
permanent school fund lands leased pursuant to this subdivision
must be credited to the lakeshore leasing and sales account in
the permanent school fund and is appropriated for use to survey,
appraise, and pay associated selling and, leasing, or exchange
costs of lots as required in this section and Minnesota Statutes
1992, section 92.67, subdivision 3. The money may not be used
to pay the cost of surveying lots not scheduled for sale. Any
money designated for deposit in the permanent school fund that
is not needed to survey, appraise, and pay associated
selling and, leasing, or exchange costs of lots, as required in
this section, shall be deposited in the permanent school fund.
The commissioner shall add to the appraised value of any lot
offered for sale or exchange the costs of surveying, appraising,
and selling disposing of the lot, and shall first deposit into
the permanent school fund an amount equal to the costs of
surveying, appraising, and selling disposing of any lot paid out
of the permanent school fund. Any remaining money shall be
deposited into any other contributing funds in proportion to the
contribution from each fund. In no case may the commissioner
add to the appraised value of any lot offered for sale or
exchange an amount more than $700 for the actual contract
service costs of surveying and, appraising, and disposing of the
lot.
Sec. 125. Minnesota Statutes 1998, section 97B.020, is
amended to read:
97B.020 [FIREARMS SAFETY CERTIFICATE REQUIRED.]
Except as provided in this section, a person born after
December 31, 1979, may not obtain a license to take wild animals
by firearms. A person may obtain a hunting license if unless
the person has a firearms safety certificate or equivalent
certificate, driver's license or identification card with a
valid firearms safety qualification indicator issued under
section 171.07, subdivision 13, previous hunting license, or
other evidence indicating that the person has completed in this
state or in another state a hunter safety course recognized by
the department under a reciprocity agreement. A person who is
on active duty and has successfully completed basic training in
the United States armed forces, reserve component, or national
guard may obtain a hunting license or approval authorizing
hunting regardless of whether the person is issued a firearms
safety certificate.
Sec. 126. Minnesota Statutes 1998, section 103B.227,
subdivision 2, is amended to read:
Subd. 2. [NOTICE OF BOARD VACANCIES.] Appointing
authorities for watershed management organization board members
shall publish a notice of vacancies resulting from expiration of
members' terms and other reasons. The notices must be published
at least once in a newspaper of general circulation in the
watershed management organization area. The notices must state
that persons interested in being appointed to serve on the
watershed management organization board may submit their names
to the appointing authority for consideration. After December
31, 1999, staff of local units of government that are members of
the watershed management organization are not eligible to be
appointed to the board. Published notice of the vacancy must be
given at least 15 days before an appointment or reappointment is
made.
Sec. 127. Minnesota Statutes 1998, section 103F.515,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE LAND.] (a) Land may be placed in the
conservation reserve program if the land meets the requirements
of paragraphs (b) and (c).
(b) Land is eligible if the land:
(1) is marginal agricultural land;
(2) is adjacent to marginal agricultural land and is either
beneficial to resource protection or necessary for efficient
recording of the land description;
(3) consists of a drained wetland;
(4) is land that with a windbreak would be beneficial to
resource protection;
(5) is land in a sensitive groundwater area;
(6) is riparian land;
(7) is cropland or noncropland adjacent to restored
wetlands to the extent of up to four acres of cropland or one
acre of noncropland for each acre of wetland restored;
(8) is a woodlot on agricultural land;
(9) is abandoned building site on agricultural land,
provided that funds are not used for compensation of the value
of the buildings; or
(10) is land on a hillside used for pasture.
(c) Eligible land under paragraph (a) must:
(1) be owned by the landowner, or a parent or other blood
relative of the landowner, for at least one year before the date
of application;
(2) be at least five acres in size, except for a drained
wetland area, riparian area, windbreak, woodlot, or abandoned
building site, or be a whole field as defined by the United
States Agricultural Stabilization and Conservation Services;
(3) not be set aside, enrolled or diverted under another
federal or state government program unless enrollment in the
conservation reserve program would provide additional
conservation benefits or a longer term of enrollment than under
the current federal or state program; and
(4) have been in agricultural crop production for at least
two of the last five years before the date of application except
drained wetlands, riparian lands, woodlots, abandoned building
sites, or land on a hillside used for pasture.
(d) In selecting drained wetlands for enrollment in the
program, the highest priority must be given to wetlands with a
cropping history during the period 1976 to 1985.
(e) In selecting land for enrollment in the program,
highest priority must be given to permanent easements that are
consistent with the purposes stated in section 103F.505.
Sec. 128. Minnesota Statutes 1998, 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;
(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, 15.0
cents per 1,000 gallons; 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;
(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. 129. [103G.705] [STREAM PROTECTION AND IMPROVEMENT
LOAN PROGRAM.]
Subdivision 1. [LOAN PROGRAM.] (a) A political subdivision
may apply to the commissioner on forms provided by the
commissioner for a loan for up to 90 percent of the total local
cost of a project to protect or improve a stream. The
commissioner shall apportion loans according to the potential
for prevention of immediate harm to the stream, the relative
need for maintenance or improvements, the date of the
application for the loan, and the availability of funds.
(b) By January 15 of each year, the commissioner must
provide the legislature with a list of all applications received
by the commissioner, the loan amounts requested, and a listing
and explanation of the disposition of the applications.
(c) The commissioner must make the loan to the political
subdivision in the amount determined by the commissioner and
under the terms specified in this section. Loans made under
this section do not require the approval of the electors of the
political subdivision as provided in section 475.58 and do not
constitute net debt for purposes of section 475.53 or any debt
limitation provision of any special law or city charter.
(d) A loan made under this section must be repaid without
interest over a period not to exceed ten years. The
commissioner may charge an annual administrative fee to the
political subdivision.
(e) A political subdivision receiving a loan made under
this section must levy for the loan repayment beginning in the
year the loan proceeds are received and succeeding years until
the loan and the associated administrative costs are repaid.
The levy must be for:
(1) the amount of the annual loan repayment and the
associated administrative costs; or
(2) the amount of the annual loan repayment and
administrative costs less the amount the political subdivision
certifies it has received from other sources for the loan
repayment.
Subd. 2. [STREAM PROTECTION AND IMPROVEMENT FUND.] There
is established in the state treasury a stream protection and
redevelopment fund. All repayments of loans made and
administrative fees assessed under subdivision 1 must be
deposited in this fund. Interest earned on money in the fund
accrues to the fund and money in the fund is appropriated to the
commissioner of natural resources for purposes of the stream
protection and redevelopment program, including costs incurred
by the commissioner to establish and administer the program.
Sec. 130. Minnesota Statutes 1998, 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) (j).
(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) 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).
(i) Local inspectors must use the standard inspection form
provided by the agency. The inspection information required by
local ordinance may be included as an attachment to the standard
form. The following language must appear on the standard form:
"If an existing system is not failing as defined in law, and has
at least two feet of design soil separation, then the system
need not be upgraded, repaired, replaced, or its use
discontinued, notwithstanding any local ordinance that is more
strict. This does not apply to systems in shoreland areas,
wellhead protection areas, or those used in connection with
food, beverage, and lodging establishments as defined in law."
(j) For the purposes of this subdivision, an "existing
system" means a functioning system installed prior to April 1,
1996.
Sec. 131. Minnesota Statutes 1998, section 115A.02, is
amended to read:
115A.02 [LEGISLATIVE DECLARATION OF POLICY; PURPOSES.]
(a) It is the goal of this chapter to protect the state's
land, air, water, and other natural resources and the public
health by improving waste management in the state to serve the
following purposes:
(1) reduction in the amount and toxicity of waste
generated;
(2) separation and recovery of materials and energy from
waste;
(3) reduction in indiscriminate dependence on disposal of
waste;
(4) coordination of solid waste management among political
subdivisions; and
(5) orderly and deliberate development and financial
security of waste facilities including disposal facilities.
(b) The waste management goal of the state is to foster an
integrated waste management system in a manner appropriate to
the characteristics of the waste stream and thereby protect the
state's land, air, water, and other natural resources and the
public health. The following waste management practices are in
order of preference:
(1) waste reduction and reuse;
(2) waste recycling;
(3) composting of yard waste and food waste;
(4) resource recovery through mixed municipal solid waste
composting or incineration; and
(5) land disposal which produces no measurable methane gas
or which involves the retrieval of methane gas as a fuel for the
production of energy to be used on-site or for sale; and
(6) land disposal which produces measurable methane and
which does not involve the retrieval of methane gas as a fuel
for the production of energy to be used on-site or for sale.
Sec. 132. Minnesota Statutes 1998, section 115A.908,
subdivision 2, is amended to read:
Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be
credited to the motor vehicle transfer account in the
environmental fund. As cash flow permits, the commissioner of
finance must transfer (1) $3,200,000 each fiscal year from the
motor vehicle transfer account to the environmental response,
compensation, and compliance account established in section
115B.20; and (2) $1,200,000 each fiscal year from the motor
vehicle transfer account to the general fund.
Sec. 133. Minnesota Statutes 1998, section 115B.39,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] (a) In addition to the definitions
in this subdivision, the definitions in sections 115A.03 and
115B.02 apply to sections 115B.39 to 115B.445, except as
specifically modified in this subdivision.
(b) "Cleanup order" means a consent order between
responsible persons and the agency or an order issued by the
United States Environmental Protection Agency under section 106
of the federal Superfund Act.
(c) "Closure" means actions to prevent or minimize the
threat to public health and the environment posed by a mixed
municipal solid waste disposal facility that has stopped
accepting waste by controlling the sources of releases or
threatened releases at the facility. "Closure" includes
removing contaminated equipment and liners; applying final
cover; grading and seeding final cover; installing wells,
borings, and other monitoring devices; constructing groundwater
and surface water diversion structures; and installing gas
control systems and site security systems, as necessary. The
commissioner may authorize use of final cover that includes
processed materials that meet the requirements in Code of
Federal Regulations, title 40, section 503.32, paragraph (a).
(d) "Closure upgrade" means construction activity that
will, at a minimum, modify an existing cover so that it
satisfies current rule requirements for mixed municipal solid
waste land disposal facilities.
(e) "Contingency action" means organized, planned, or
coordinated courses of action to be followed in case of fire,
explosion, or release of solid waste, waste by-products, or
leachate that could threaten human health or the environment.
(f) "Corrective action" means steps taken to repair
facility structures including liners, monitoring wells,
separation equipment, covers, and aeration devices and to bring
the facility into compliance with design, construction,
groundwater, surface water, and air emission standards.
(g) "Decomposition gases" means gases produced by chemical
or microbial activity during the decomposition of solid waste.
(h) "Dump materials" means nonhazardous mixed municipal
solid wastes disposed at a Minnesota waste disposal site other
than a qualified facility prior to 1973.
(i) "Environmental response action" means response action
at a qualified facility, including corrective action, closure,
postclosure care; contingency action; environmental studies,
including remedial investigations and feasibility studies;
engineering, including remedial design; removal; remedial
action; site construction; and other similar cleanup-related
activities.
(j) "Environmental response costs" means:
(1) costs of environmental response action, not including
legal or administrative expenses; and
(2) costs required to be paid to the federal government
under section 107(a) of the federal Superfund Act, as amended.
(k) "Postclosure" or "postclosure care" means actions taken
for the care, maintenance, and monitoring of closure actions at
a mixed municipal solid waste disposal facility.
(l) "Qualified facility" means a mixed municipal solid
waste disposal facility as described in the most recent agency
permit, including adjacent property used for solid waste
disposal that did not occur under a permit from the agency, that:
(1)(i) is or was permitted by the agency;
(2) (ii) stopped accepting solid waste, except demolition
debris, for disposal by April 9, 1994; and
(3) (iii) stopped accepting demolition debris for disposal
by June 1, 1994, except that demolition debris may be accepted
until May 1, 1995, at a permitted area where disposal of
demolition debris is allowed, if the area where the demolition
debris is deposited is at least 50 feet from the fill boundary
of the area where mixed municipal solid waste was deposited; or
(2)(i) is or was permitted by the agency; and
(ii) stopped accepting waste by January 1, 2000, except
that demolition debris, industrial waste, and municipal solid
waste combustor ash may be accepted until January 1, 2001, at a
permitted area where disposal of such waste is allowed, if the
area where the waste is deposited is at least 50 feet from the
fill boundary of the area where mixed municipal solid waste was
deposited.
Sec. 134. Minnesota Statutes 1998, section 115B.40,
subdivision 2, is amended to read:
Subd. 2. [PRIORITY LIST.] (a) The commissioner shall
establish a priority list for preventing or responding to
releases of hazardous substances, pollutants and contaminants,
or decomposition gases at qualified facilities defined in
section 115B.39, subdivision 2, paragraph (l), clause (1). The
commissioner shall periodically revise the list to reflect
changing conditions at facilities that affect priority for
response actions. The initial priority list must be established
by January 1, 1995.
(b) The priority list required under this subdivision must
be based on the relative risk or danger to public health or
welfare or the environment, taking into account to the extent
possible the population at risk, the hazardous potential of the
hazardous substances at the facility, the potential for
contamination of drinking water supplies, the potential for
direct human contact, and the potential for destruction of
sensitive ecosystems.
Sec. 135. Minnesota Statutes 1998, section 115B.40,
subdivision 3, is amended to read:
Subd. 3. [NOTIFICATION.] By September 1, 1994, the
commissioner shall notify the owner or operator of, and persons
subject to a cleanup order at, each qualified facility defined
in section 115B.39, subdivision 2, paragraph (l), clause (1), of
whether the requirements of subdivision 4 or 5 have been met.
If the requirements have not been met at a facility, the
commissioner, by the earliest practicable date, shall notify the
owner or operator and persons subject to a cleanup order of what
actions need to be taken.
Sec. 136. Minnesota Statutes 1998, section 115B.40,
subdivision 4, is amended to read:
Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER;
DUTIES.] (a) The owner or operator of a qualified facility that
is not subject to a cleanup order shall:
(1) complete closure activities at the facility, or enter
into a binding agreement with the commissioner to do so, as
provided in paragraph (d) (e), within one year from the date the
owner or operator is notified by the commissioner under
subdivision 3 of the closure activities that are necessary to
properly close the facility in compliance with facility's
permit, closure orders, or enforcement agreement with the
agency, and with the solid waste rules in effect at the time the
facility stopped accepting waste;
(2) undertake or continue postclosure care at the facility
until the date of notice of compliance under subdivision 7;
(3) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (1), transfer to
the commissioner of revenue for deposit in the solid waste fund
established in section 115B.42 any funds required for proof of
financial responsibility under section 116.07, subdivision 4h,
that remain after facility closure and any postclosure care and
response action undertaken by the owner or operator at the
facility including, if proof of financial responsibility is
provided through a letter of credit or other financial
instrument or mechanism that does not accumulate money in an
account, the amount that would have accumulated had the owner or
operator utilized a trust fund, less any amount used for
closure, postclosure care, and response action at the
facility; and
(4) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (2), transfer to
the commissioner of revenue for deposit in the solid waste fund
established in section 115B.42 an amount of cash that is equal
to the sum of their approved current contingency action cost
estimate and the present value of their approved estimated
remaining postclosure care costs required for proof of financial
responsibility under section 116.07, subdivision 4h.
(b) The owner or operator of a qualified facility that is
not subject to a cleanup order shall:
(1) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (1), provide the
commissioner with a copy of all applicable comprehensive general
liability insurance policies and other liability policies
relating to property damage, certificates, or other evidence of
insurance coverage held during the life of the facility; and
(5) (2) enter into a binding agreement with the
commissioner to:
(i) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (1), take any
actions necessary to preserve the owner or operator's rights to
payment or defense under insurance policies included in
clause (4) (1); cooperate with the commissioner in asserting
claims under the policies; and, within 60 days of a request by
the commissioner, but no earlier than July 1, 1996, assign only
those rights under the policies related to environmental
response costs;
(ii) cooperate with the commissioner or other persons
acting at the direction of the commissioner in taking additional
environmental response actions necessary to address releases or
threatened releases and to avoid any action that interferes with
environmental response actions, including allowing entry to the
property and to the facility's records and allowing entry and
installation of equipment; and
(iii) refrain from developing or altering the use of
property described in any permit for the facility except after
consultation with the commissioner and in conformance with any
conditions established by the commissioner for that property,
including use restrictions, to protect public health and welfare
and the environment.
(b) (c) The owner or operator of a qualified facility
defined in section 115B.39, subdivision 2, paragraph (l), clause
(1), that is a political subdivision may use a portion of any
funds established for response at the facility, which are
available directly or through a financial instrument or other
financial arrangement, for closure or postclosure care at the
facility if funds available for closure or postclosure care are
inadequate and shall assign the rights to any remainder to the
commissioner.
(c) (d) The agreement required in paragraph (a) (b),
clause (5) (2), must be in writing and must apply to and be
binding upon the successors and assigns of the owner. The owner
shall record the agreement, or a memorandum approved by the
commissioner that summarizes the agreement, with the county
recorder or registrar of titles of the county where the property
is located.
(d) (e) A binding agreement entered into under paragraph
(a), clause (1), may include a provision that the owner or
operator will reimburse the commissioner for the costs of
closing the facility to the standard required in that clause.
Sec. 137. Minnesota Statutes 1998, section 115B.40,
subdivision 5, is amended to read:
Subd. 5. [QUALIFIED FACILITY UNDER CLEANUP ORDER; DUTIES.]
(a) For a qualified facility that is subject to a cleanup order,
persons identified in the order shall complete construction of
the remedy required under the cleanup order and:
(1) for a federal order, receive a concurrent determination
of the United States Environmental Protection Agency and the
agency or commissioner that the remedy is functioning properly
and is performing as designed; or
(2) for a state order, receive acknowledgment from the
agency or commissioner that the obligations under the order for
construction of the remedy have been met.
(b) The owner or operator of a qualified facility that is
subject to a cleanup order, in addition to any applicable
requirement in paragraph (a), shall comply with subdivision 4,
paragraph paragraphs (a), clauses clause (3) to (5) or (4);
and (b).
Sec. 138. Minnesota Statutes 1998, section 115B.40,
subdivision 6, is amended to read:
Subd. 6. [COMMISSIONER; DUTIES.] (a) If the owner or
operator of a qualified facility that is subject to the
requirements of subdivision 4, paragraph (a), fails to comply
with subdivision 4, paragraph (a), clause (1) or (2), the
commissioner shall:
(1) undertake or complete closure activities at the
facility in compliance with the solid waste rules in effect at
the time the commissioner takes action under this clause; and
(2) undertake or continue postclosure care at the facility
as required under subdivision 2.
(b) If a facility has been properly closed under
subdivision 4, but the applicable closure requirements are less
environmentally protective than closure requirements in the
solid waste rules in effect on January 1, 1993, the commissioner
shall determine whether the facility should be closed to the
higher standards and, if so, shall undertake additional closure
activities at the facility to meet those standards. The
commissioner may determine that additional closure activities
are unnecessary only if it is likely that response actions will
be taken in the near future and that those response actions will
result in removal or significant alteration of the closure
activities or render the closure activities unnecessary.
Sec. 139. Minnesota Statutes 1998, section 115B.40,
subdivision 7, is amended to read:
Subd. 7. [NOTICE OF COMPLIANCE; EFFECTS.] (a) The
commissioner shall provide written notice of compliance to the
appropriate owner or operator or person subject to a cleanup
order when:
(1) the commissioner determines that the requirements of
subdivision 4 or 5 have been met; and
(2) the person who will receive the notice has submitted to
the commissioner a written waiver of any claims the person may
have against any other person for recovery of any environmental
response costs related to a qualified facility that were
incurred prior to the date of notice of compliance.
(b) Beginning on the date of the notice of compliance:
(1) the commissioner shall assume all obligations of the
owner or operator or person for environmental response actions
under the federal Superfund Act and any federal or state cleanup
orders and shall undertake all further action under subdivision
1 at or related to the facility that the commissioner deems
appropriate and in accordance with the priority list; and
(2) the commissioner may not seek recovery against the
owner or operator of the facility or any responsible person of
any costs incurred by the commissioner for environmental
response action at or related to the facility, except:
(i) in the case of qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (1), to the extent
of insurance coverage held by the owner or operator or
responsible person; or
(ii) as provided in section 115B.402.
(c) The commissioner and the attorney general shall
communicate with the United States Environmental Protection
Agency addressing the manner and procedure for the state's
assumption of federal obligations under paragraph (b), clause
(1).
Sec. 140. Minnesota Statutes 1998, section 115B.40,
subdivision 8, is amended to read:
Subd. 8. [STATUTES OF LIMITATIONS.] (a) With respect to
claims for recovery of environmental response costs related to
qualified facilities defined in section 115B.39, subdivision 2,
paragraph (l), clause (1), the running of all applicable periods
of limitation under state law is suspended until July 1, 2004.
(b) A waiver of claims for recovery of environmental
response costs under this section or section 115B.43 is
extinguished for that portion of reimbursable costs under
section 115B.43 that have not been reimbursed by July 1, 2004.
Sec. 141. Minnesota Statutes 1998, section 115B.405,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] The owner or operator of a
qualified facility may apply to the commissioner for exclusion
from the landfill cleanup program under sections 115B.39,
115B.40, 115B.41, 115B.412, and 115B.43. Applications for
qualified facilities defined in section 115B.39, subdivision 2,
paragraph (l), clause (1), must be received by the commissioner
by February 1, 1995. Applications for qualified facilities
defined in section 115B.39, subdivision 2, paragraph (l), clause
(2), must be received by the commissioner by December 31, 1999.
The owner or operator of a qualified facility that is subject to
a federal cleanup order or that includes any portion that is
tax-forfeited may not apply for exclusion under this section.
In addition to other information required by the commissioner,
an application must include a disclosure of all financial
assurance accounts established for the facility. Applications
for exclusion must:
(1) show that the operator or owner is complying with the
agency's rules adopted under section 116.07, subdivision 4h, and
is complying with a financial assurance plan for the facility
that the commissioner has approved after determining that the
plan is adequate to provide for closure, postclosure care, and
contingency action;
(2) demonstrate that the facility is closed or is in
compliance with a closure schedule approved by the commissioner;
and
(3) include a waiver of all claims for recovery of costs
incurred under sections 115B.01 to 115B.24 and the federal
Superfund Act at or related to a qualified facility.
Sec. 142. Minnesota Statutes 1998, section 115B.42, is
amended to read:
115B.42 [SOLID WASTE FUND.]
Subdivision 1. [ESTABLISHMENT; APPROPRIATION; SEPARATE
ACCOUNTING.] (a) The solid waste fund is established in the
state treasury. The fund consists of money credited to the fund
and interest earned on the money in the fund. Except as
provided in subdivision 2, clause clauses (7) and (8), money in
the fund is annually appropriated to the commissioner for the
purposes listed in subdivision 2.
(b) The commissioner of finance shall separately account
for revenue deposited in the fund from financial assurance funds
or other mechanisms, the metropolitan landfill contingency
action trust fund, and all other sources of revenue.
Subd. 2. [EXPENDITURES.] (a) Money in the fund may be
spent by the commissioner to:
(1) inspect permitted mixed municipal solid waste disposal
facilities to:
(i) evaluate the adequacy of final cover, slopes,
vegetation, and erosion control;
(ii) determine the presence and concentration of hazardous
substances, pollutants or contaminants, and decomposition gases;
and
(iii) determine the boundaries of fill areas;
(2) monitor and take, or reimburse others for,
environmental response actions, including emergency response
actions, at qualified facilities;
(3) acquire and dispose of property under section 115B.412,
subdivision 3;
(4) recover costs under section 115B.39;
(5) administer, including providing staff and
administrative support for, sections 115B.39 to 115B.445;
(6) enforce sections 115B.39 to 115B.445;
(7) subject to appropriation, administer the agency's
groundwater and solid waste management programs;
(8) pay for private water supply well monitoring and health
assessment costs of the commissioner of health in areas affected
by unpermitted mixed municipal solid waste disposal facilities;
(9) reimburse persons under section 115B.43; and
(9) (10) reimburse mediation expenses up to a total of
$250,000 annually or defense costs up to a total of $250,000
annually for third-party claims for response costs under state
or federal law as provided in section 115B.414; and
(11) perform environmental assessments, up to $1,000,000,
at unpermitted mixed municipal solid waste disposal facilities.
Sec. 143. [115B.421] [CLOSED LANDFILL INVESTMENT FUND.]
The closed landfill investment fund is established in the
state treasury. The fund consists of money credited to the
fund, and interest and other earnings on money in the fund. The
commissioner of finance shall transfer an initial amount of
$5,100,000 from the balance in the solid waste fund beginning in
fiscal year 2000 and shall continue to transfer $5,100,000 for
each following fiscal year, ceasing after 2003. The fund shall
be managed to maximize long-term gain through the state board of
investment. Money in the fund may be spent by the commissioner
after fiscal year 2020 in accordance with section 115B.42,
subdivision 2, clauses (1) to (6).
Sec. 144. Minnesota Statutes 1998, section 115B.43,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Environmental response costs
at qualified facilities defined in section 115B.39, subdivision
2, paragraph (l), clause (1), for which a notice of compliance
has been issued under section 115B.40, subdivision 7, are
reimbursable as provided in this section.
Sec. 145. Minnesota Statutes 1998, section 115B.442, is
amended by adding a subdivision to read:
Subd. 1a. [DEFINITION OF QUALIFIED FACILITIES.] For the
purposes of sections 115B.441 to 115B.445, "qualified facility"
means only those qualified facilities defined in section
115B.39, subdivision 2, paragraph (l), clause (1).
Sec. 146. Minnesota Statutes 1998, 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 Natural Resources Conservation Service and the 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, or to implement new fees on animal feedlots, must
be submitted to the members of legislative policy and finance
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. 147. Minnesota Statutes 1998, section 116.072, is
amended by adding a subdivision to read:
Subd. 13. [FEEDLOT ADMINISTRATIVE PENALTY ORDERS.] (a)
Prior to the commissioner proposing an administrative penalty
order to a feedlot operator for a violation of feedlot laws or
rules, the agency staff who will determine if a penalty is
appropriate and who will determine the size of the penalty shall
offer to meet with the feedlot operator to discuss the
violation, and to allow the feedlot operator to present any
information that may affect any agency decisions on the
administrative penalty order.
(b) For serious feedlot law violations for which an
administrative penalty order is issued under this section, the
penalty may be forgiven if:
(1) the abated penalty is used for environmental
improvements to the farm; and
(2) the commissioner determines that the violation has been
corrected or that appropriate steps are being taken to correct
the action.
Sec. 148. Minnesota Statutes 1998, section 116.073,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY TO ISSUE.] Pollution control
agency staff designated by the commissioner and department of
natural resources conservation officers may issue citations to a
person who:
(1) disposes of solid waste as defined in section 116.06,
subdivision 22, at a location not authorized by law for the
disposal of solid waste without permission of the owner of the
property;
(2) fails to report or recover oil or hazardous substance
discharges as required under section 115.061; or
(3) fails to take discharge preventive or preparedness
measures required under chapter 115E. In addition, pollution
control agency staff designated by the commissioner may issue
citations to owners and operators of facilities dispensing
petroleum products who violate sections 116.46 to 116.50 and
Minnesota Rules, chapter chapters 7150 and 7151, and Minnesota
Rules, parts 7001.4200 to 7001.4300. The citations for
violation of sections 116.46 to 116.50 and Minnesota Rules,
chapter 7150, may be issued only after the owners and operators
have had a 90-day period to correct all the violations stated in
a letter issued previously by pollution control agency staff. A
citation issued under this subdivision must include a
requirement that the person cited remove and properly dispose of
or otherwise manage the waste or discharged oil or hazardous
substance, reimburse any government agency that has disposed of
the waste or discharged oil or hazardous substance and
contaminated debris for the reasonable costs of disposal, or
correct any underground storage tank violations.
Sec. 149. Minnesota Statutes 1998, section 116.073,
subdivision 2, is amended to read:
Subd. 2. [PENALTY AMOUNT.] The citation must impose the
following penalty amounts:
(1) $100 per major appliance, as defined in section
115A.03, subdivision 17a, up to a maximum of $2,000;
(2) $25 per waste tire, as defined in section 115A.90,
subdivision 11, up to a maximum of $2,000;
(3) $25 per lead acid battery governed by section 115A.915,
up to a maximum of $2,000;
(4) $1 per pound of other solid waste or $20 per cubic foot
up to a maximum of $2,000;
(5) up to $200 for any amount of waste that escapes from a
vehicle used for the transportation of solid waste if, after
receiving actual notice that waste has escaped the vehicle, the
person or company transporting the waste fails to immediately
collect the waste;
(6) $50 per violation of rules adopted under section
116.49, relating to underground storage tank system design,
construction, installation, and notification requirements, up to
a maximum of $2,000;
(7) $250 per violation of rules adopted under section
116.49, relating to upgrading of existing underground storage
tank systems, up to a maximum of $2,000;
(8) $100 per violation of rules adopted under section
116.49, relating to underground storage tank system general
operating requirements, up to a maximum of $2,000;
(9) $250 per violation of rules adopted under section
116.49, relating to underground storage tank system release
detection requirements, up to a maximum of $2,000;
(10) $50 per violation of rules adopted under section
116.49, relating to out-of-service underground storage tank
systems and closure, up to a maximum of $2,000; and
(11) $50 per violation of sections 116.48 to 116.491
relating to underground storage tank system notification,
monitoring, environmental protection, and tank installers
training and certification requirements, up to a maximum of
$2,000;
(12) $25 per gallon of oil or hazardous substance
discharged which is not reported or recovered under section
115.061, up to a maximum of $2,000;
(13) $1 per gallon of oil or hazardous substance being
stored, transported, or otherwise handled without the prevention
or preparedness measures required under chapter 115E, up to a
maximum of $2,000; and
(14) $250 per violation of Minnesota Rules, parts 7001.4200
to 7001.4300, or Minnesota Rules, chapter 7151, related to
aboveground storage tank systems, up to a maximum of $2,000.
Sec. 150. [116.915] [MERCURY REDUCTION.]
Subdivision 1. [GOAL.] It is the goal of the state to
reduce mercury contamination by reducing the release of mercury
into the air and water of the state by 60 percent from 1990
levels by December 31, 2000, and by 70 percent from 1990 levels
by December 31, 2005. The goal applies to the statewide total
of releases from existing and new sources of mercury. The
commissioner shall publish updated estimates of 1990 releases in
the State Register.
Subd. 2. [REDUCTION STRATEGIES.] The commissioner shall
implement the strategies recommended by the mercury
contamination reduction initiative advisory council and
identified on pages 31 to 42 of the Minnesota pollution control
agency's report entitled "Report on the Mercury Contamination
Reduction Initiative Advisory Council's Results and
Recommendations" as transmitted to the legislature by the
commissioner's letter dated March 15, 1999. The commissioner
shall solicit, by July 1, 1999, voluntary reduction agreements
from sources that emit more than 50 pounds of mercury per year.
Subd. 3. [PROGRESS REPORTS.] The commissioner, in
cooperation with the director of the office of environmental
assistance, shall submit progress reports to the legislature on
October 15, 2001, and October 15, 2005. The reports shall
address the state's success in meeting the mercury release
reduction goals of subdivision 1, and discuss whether different
voluntary or mandatory reduction strategies are needed. The
reports shall also discuss whether the reduction goals are still
appropriate given the most recent information regarding mercury
risks.
Sec. 151. Minnesota Statutes 1998, section 156.001,
subdivision 2, is amended to read:
Subd. 2. [ACCREDITED OR APPROVED COLLEGE OF VETERINARY
MEDICINE.] "Accredited or approved college of veterinary
medicine" means a veterinary college or division of a university
or college that offers the degree of doctor of veterinary
medicine or its equivalent and that conforms to the standards
required for accreditation or approval by the American
Veterinary Medical Association Council on Education.
Sec. 152. Minnesota Statutes 1998, section 156.001,
subdivision 3, is amended to read:
Subd. 3. [ANIMAL.] "Animal" does not include poultry or
birds of any kind.
Sec. 153. Minnesota Statutes 1998, section 156.001, is
amended by adding a subdivision to read:
Subd. 6a. [FIRM.] "Firm" includes a corporation, limited
liability company, and limited liability partnership, wherever
incorporated, organized, or registered.
Sec. 154. Minnesota Statutes 1998, section 156.01,
subdivision 3, is amended to read:
Subd. 3. [OFFICERS.] The board shall elect from its number
a president and such other officers as are necessary, all from
within its membership. One person may hold the offices of both
secretary and treasurer. The board shall have a seal and the
power to subpoena witnesses, to administer oaths, and take
testimony. It shall make, alter, or amend such rules as may be
that are necessary to carry this chapter into effect the
provisions of this chapter. It shall hold examinations for
applicants for license to engage in veterinary practice at a
time and place of its own choosing. Notice of such an
examination shall must be posted 90 days before the date set for
an the examination in all veterinary schools approved by the
board in the state, and shall must be published in the journal
of the American Veterinary Medical Association. American
Association of Veterinary State Boards "Directory of Veterinary
Licensure Requirements." The board may hold such other meetings
as it deems necessary; but no meeting shall exceed three days
duration.
Sec. 155. Minnesota Statutes 1998, section 156.02,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE APPLICATION.] Application for a
license to practice veterinary medicine in this state shall be
made in writing to the board of veterinary medicine upon a form
furnished by the board, accompanied by satisfactory evidence
that the applicant is at least 18 years of age, is of good moral
character, and has one of the following:
(1) a diploma conferring the degree of doctor of veterinary
medicine, or an equivalent degree, from an accredited or
approved college of veterinary medicine;
(2) an ECFVG certificate; or
(3) a certificate from the dean of an accredited or
approved college of veterinary medicine stating that the
applicant is a student in good standing expecting to be
graduated at the completion of the current academic year of the
college in which the applicant is enrolled.
The application shall contain the information and material
required by subdivision 2 and any other information that the
board may, in its sound judgment, require. The application
shall be filed with the board at least 45 60 days before the
date of the examination. If the board deems it advisable, it
may require that such application be verified by the oath of the
applicant.
Sec. 156. Minnesota Statutes 1998, section 156.02,
subdivision 2, is amended to read:
Subd. 2. [REQUIRED WITH APPLICATION.] Every application
shall contain the following information and material:
(1) the application fee set by the board in the form of a
check or money order payable to the board, which fee is not
returnable in the event permission to take the examination is
denied for good cause;
(2) a copy of a diploma from an accredited or approved
college of veterinary medicine or a certificate from the dean or
secretary of an accredited or approved college of veterinary
medicine showing the time spent in the school and the date when
the applicant was duly and regularly graduated or will duly and
regularly graduate or verification of ECFVG certification;
(3) affidavits of at least two veterinarians and three
adults who are not related to the applicant setting forth how
long a time, when, and under what circumstances they have known
the applicant, and any other facts as may be proper to enable
the board to determine the qualifications of the applicant; and
(4) if the applicant has served in the armed forces, a copy
of discharge papers.
Sec. 157. Minnesota Statutes 1998, section 156.03, is
amended to read:
156.03 [EXAMINATION; PAYMENT.]
Upon filing the application and any other papers,
affidavits, or proof that the board of veterinary medicine may
require, together with the payment to the board of a fee as set
by the board, the board, if satisfied, shall issue to the
applicant for license an order for examination. Every applicant
for a license shall submit to a theoretical or practical
examination, or both, as designated by the board. The
examination may be oral, or written, or both of the application
fee and appropriate examination fee as set by the board, the
board shall issue to the applicant a permit to take the national
examination in veterinary medicine and the Minnesota Veterinary
Jurisprudence Examination. All applicants must be evaluated
using an examination prescribed by the board. A passing score
for the national examination must be the criterion referenced
passing score as determined by the National Board Examination
Committee.
Sec. 158. Minnesota Statutes 1998, section 156.072, is
amended to read:
156.072 [NONRESIDENTS; LICENSES.]
Subdivision 1. [APPLICATION.] A doctor of veterinary
medicine duly admitted to practice in any of the other states or
territories or District of Columbia state, commonwealth,
territory, or district of the United States or province of
Canada desiring permission to practice veterinary medicine in
this state shall submit an application to the board upon forms
prescribed by the board. Upon proof of licensure to practice in
any other state or territory or in the District of
Columbia United States or Canadian jurisdiction and having been
actively engaged in practicing veterinary medicine therein, for
at least three of the five years next preceding the application,
or having been engaged in full time teaching of veterinary
medicine in an approved or accredited college for at least three
of the five years next preceding the application, or any
combination thereof, the national examination in veterinary
medicine may be waived, upon the recommendation of the board,
and the applicant be admitted to practice without examination.
However, the board may impose any other tests as examinations it
considers proper.
Subd. 2. [REQUIRED WITH APPLICATION.] Such doctor of
veterinary medicine shall accompany the application by the
following:
(1) a copy of a diploma from an accredited or approved
college of veterinary medicine or certification from the dean,
registrar, or secretary of an accredited or approved college of
veterinary medicine attesting to the applicants graduation from
an accredited or approved college of veterinary medicine, or a
certificate of satisfactory completion of the ECFVG program.
(2) affidavits of two licensed practicing doctors of
veterinary medicine of the state, territory or District of
Columbia so certifying residing in the United States or Canadian
licensing jurisdiction in which the applicant is currently
practicing, attesting that they are well acquainted with such
the applicant, that the applicant is a person of good moral
character, and has been actively engaged in practicing or
teaching as the case may be in such state, territory, or
District of Columbia jurisdiction for the period above
prescribed;
(2) (3) a certificate from the regulatory agency having
jurisdiction over the conduct of practice of veterinary medicine
that such applicant is in good standing and is not the subject
of disciplinary action or pending disciplinary action;
(3) (4) a certificate from all other jurisdictions in which
the applicant holds a currently active license or held a license
within the past ten years, stating that the applicant is and was
in good standing and has not been subject to disciplinary
action; and
(4) (5) in lieu of clauses (3) and (4), certification from
the Veterinary Information Verification Agency that the
applicant's licensure is in good standing;
(6) a fee as set by the board in form of check or money
order payable to the board, no part of which shall be refunded
should the application be denied;
(7) score reports on previously taken national examinations
in veterinary medicine, certified by the Veterinary Information
Verification Agency; and
(8) if requesting waiver of examination, provide evidence
of meeting licensure requirements in the state of the
applicant's original licensure that were substantially equal to
the requirements for licensure in Minnesota in existence at that
time.
Subd. 3. [EXAMINATION.] A doctor of veterinary medicine
duly admitted to practice in any of the other states or
territories or in the District of Columbia state, commonwealth,
territory, or district of the United States or province of
Canada desiring admission to practice in this state but who has
not been actively engaged in the practice thereof for at least
three of the preceding five years must be examined for admission
in accordance with the requirements prescribed herein for those
not admitted to practice anywhere.
Subd. 4. [TEMPORARY PERMIT.] The board may issue without
examination a temporary permit to practice veterinary medicine
in this state to a person who has submitted an application
approved by the board for license pending examination, and holds
a doctor of veterinary medicine degree or an equivalent degree
from an approved or accredited veterinary college of veterinary
medicine or an ECFVG certification. The temporary permit shall
expire the day after publication of the notice of results of the
first examination given after the permit is issued. No
temporary permit may be issued to any applicant who has
previously failed the national examination in this state or in
any other state, territory, or district of the United States or
a foreign country and is currently not licensed in any licensing
jurisdiction of the United States or Canada or to any person
whose license has been revoked or suspended or who is currently
subject to a disciplinary order in any licensing jurisdiction of
the United States or Canada.
Sec. 159. [156.074] [TEMPORARY LICENSE.]
A graduate of a nonaccredited or approved college of
veterinary medicine, who has satisfactorily completed the fourth
year of clinical study at an approved or accredited college of
veterinary medicine and has successfully passed the national
examination in veterinary medicine and the Minnesota Veterinary
Jurisprudence Examination, and is enrolled in the ECFVG program,
may be granted a temporary license. The holder of a temporary
license issued under these provisions must practice under the
supervision of a Minnesota licensed veterinarian. The temporary
license is valid until the candidate obtains ECFVG certification
or for a maximum of two years from the date of issue.
Sec. 160. Minnesota Statutes 1998, section 156.10, is
amended to read:
156.10 [UNLAWFUL PRACTICE WITHOUT LICENSE OR PERMIT; GROSS
MISDEMEANOR.]
It shall be unlawful is a gross misdemeanor for any person
to practice veterinary medicine in the state without having
first secured a veterinary license or temporary permit, as
provided in this chapter, and any person violating the
provisions of this section shall be guilty of a gross
misdemeanor and punished therefor according to the laws of the
state.
Sec. 161. Minnesota Statutes 1998, section 156.11, is
amended to read:
156.11 [CORPORATIONS FIRMS NOT TO PRACTICE.]
(a) It shall be is unlawful in the state of Minnesota for
any corporation firm, other than one organized pursuant to
chapter 319A or 319B, to practice veterinary medicine, or to
hold itself out or advertise itself in any way as being entitled
to practice veterinary medicine, or to receive the fees, or
portions of fees, or gifts or other emoluments or
benefits compensation derived from the practice of veterinary
medicine, or the performance of veterinary services by any
person, whether such that person be is licensed to practice
veterinary medicine or not. Any corporation firm violating the
provisions of this section shall be is guilty of a gross
misdemeanor and must be fined not more than $3,000 for each
offense, and. Each day that this chapter section is violated
shall be considered is a separate offense.
(b) Notwithstanding section 319B.08, a veterinary medical
practice firm has 12 months after the death of an owner before
all of the owner's ownership interest must be acquired by the
practice, by persons permitted to own the ownership interest, or
by some combination.
Sec. 162. Minnesota Statutes 1998, section 156.12,
subdivision 2, is amended to read:
Subd. 2. [AUTHORIZED ACTIVITIES.] No provision of this
chapter shall be construed to prohibit:
(a) a person from rendering necessary gratuitous assistance
in the treatment of any animal when the assistance does not
amount to prescribing, testing for, or diagnosing, operating, or
vaccinating and when the attendance of a licensed veterinarian
cannot be procured;
(b) a person who is a regular student in an accredited or
approved college of veterinary medicine from performing duties
or actions assigned by instructors or preceptors or working
under the direct supervision of a licensed veterinarian;
(c) a veterinarian regularly licensed in another
jurisdiction from consulting with a licensed veterinarian in
this state;
(d) the owner of an animal and the owner's regular employee
from caring for and treating administering to the animal
belonging to the owner, except where the ownership of the animal
was transferred for purposes of circumventing this chapter;
(e) veterinarians employed by the University of Minnesota
from performing their duties with the college of veterinary
medicine, college of agriculture, agricultural experiment
station, agricultural extension service, medical school, school
of public health, or other unit within the university; or a
person from lecturing or giving instructions or demonstrations
at the university or in connection with a continuing education
course or seminar to veterinarians;
(f) any person from selling or applying any pesticide,
insecticide or herbicide;
(g) any person from engaging in bona fide scientific
research or investigations which reasonably requires
experimentation involving animals;
(h) any employee of a licensed veterinarian from performing
duties other than diagnosis, prescription or surgical correction
under the direction and supervision of the veterinarian, who
shall be responsible for the performance of the employee;
(i) a graduate of a foreign college of veterinary medicine
from working under the direct personal instruction, control, or
supervision of a veterinarian faculty member of the College of
Veterinary Medicine, University of Minnesota in order to
complete the requirements necessary to obtain an ECFVG
certificate.
Sec. 163. Minnesota Statutes 1998, section 156.12,
subdivision 4, is amended to read:
Subd. 4. [TITLES.] It shall be is unlawful for a person
who has not received a professional degree from an accredited or
approved college of veterinary medicine, or ECFVG certification,
to use any of the following titles or designations: Veterinary,
veterinarian, animal doctor, animal surgeon, animal
dentist, animal chiropractor, animal acupuncturist, or any other
title, designation, word, letter, abbreviation, sign, card, or
device tending to indicate that the person is qualified to
practice veterinary medicine.
Sec. 164. Minnesota Statutes 1998, section 169.121,
subdivision 3, is amended to read:
Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this section:
(1) "Prior impaired driving conviction" means a prior
conviction under:
(i) this section; Minnesota Statutes 1996, section 84.91,
subdivision 1, paragraph (a), or 86B.331, subdivision 1,
paragraph (a); section 169.1211; section 169.129; or section
360.0752;
(ii) section 609.21, subdivision 1, clauses (2) to (6);
subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2)
to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
clauses (2) to (6); or subdivision 4, clauses (2) to (6); or
(iii) an ordinance from this state, or a statute or
ordinance from another state, in conformity with any provision
listed in item (i) or (ii).
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.
(2) "Prior license revocation" means a driver's license
suspension, revocation, cancellation, denial, or
disqualification under:
(i) this section or section 169.1211, 169.123, 171.04,
171.14, 171.16, 171.165, 171.17, or 171.18 because of an
alcohol-related incident;
(ii) section 609.21, subdivision 1, clauses (2) to (6);
subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2)
to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
clauses (2) to (6); or subdivision 4, clauses (2) to (6); or
(iii) an ordinance from this state, or a statute or
ordinance from another state, in conformity with any provision
listed in item (i) or (ii).
"Prior license revocation" also means the revocation of
snowmobile or all-terrain vehicle operating privileges under
section 84.911, or motorboat operating privileges under section
86B.335, for violations that occurred on or after August 1, 1995
1994; the revocation of snowmobile or all-terrain vehicle
operating privileges under section 84.91; or the revocation of
motorboat operating privileges under section 86B.331.
(b) A person who violates subdivision 1, clause (a), (b),
(c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance
in conformity with any of them, is guilty of a misdemeanor.
(c) A person is guilty of a gross misdemeanor under any of
the following circumstances:
(1) the person violates subdivision 1, clause (f);
(2) the person violates subdivision 1, clause (a), (b),
(c), (d), (e), (g), or (h), or subdivision 1a, within five years
of a prior impaired driving conviction or a prior license
revocation;
(3) the person violates section 169.26 while in violation
of subdivision 1; or
(4) the person violates subdivision 1 or 1a while a child
under the age of 16 is in the vehicle, if the child is more than
36 months younger than the violator.
A person convicted of a gross misdemeanor under this
paragraph is subject to the mandatory penalties provided in
subdivision 3d.
(d) A person is guilty of an enhanced gross misdemeanor
under any of the following circumstances:
(1) the person violates subdivision 1, clause (f), or
commits a violation described in paragraph (c), clause (3) or
(4), within ten years of one or more prior impaired driving
convictions or prior license revocations;
(2) the person violates subdivision 1, clause (a), (b),
(c), (d), (e), (g), or (h), or subdivision 1a, within ten years
of the first of two or more prior impaired driving convictions,
two or more prior license revocations, or any combination of two
or more prior impaired driving convictions and prior license
revocations, based on separate incidents.
A person convicted of an enhanced gross misdemeanor under
this paragraph may be sentenced to imprisonment in a local
correctional facility for not more than two years or to payment
of a fine of not more than $3,000, or both. Additionally, the
person is subject to the applicable mandatory penalties provided
in subdivision 3e.
(e) The court shall notify a person convicted of violating
subdivision 1 or 1a that the registration plates of the person's
motor vehicle may be impounded under section 168.042 and the
vehicle may be subject to forfeiture under section 169.1217 upon
a subsequent conviction for violating this section, section
169.129, or section 171.24, or a subsequent license revocation
under section 169.123. The notice must describe the conduct and
the time periods within which the conduct must occur in order to
result in plate impoundment or forfeiture. The failure of the
court to provide this information does not affect the
applicability of the plate impoundment or the forfeiture
provision to that person.
(f) The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor
violations of this section shall also be responsible for
prosecution of gross misdemeanor and enhanced gross misdemeanor
violations of this section.
(g) The court must impose consecutive sentences when it
sentences a person for a violation of this section or section
169.129 arising out of separate behavioral incidents. The court
also must impose a consecutive sentence when it sentences a
person for a violation of this section or section 169.129 and
the person, at the time of sentencing, is on probation for, or
serving, an executed sentence for a violation of this section or
section 169.129 and the prior sentence involved a separate
behavioral incident. The court also may order that the sentence
imposed for a violation of this section or section 169.129 shall
run consecutively to a previously imposed misdemeanor, gross
misdemeanor, or felony sentence for a violation other than this
section or section 169.129.
(h) When the court stays the sentence of a person convicted
under this section, the length of the stay is governed by
section 609.135, subdivision 2.
(i) The court may impose consecutive sentences for offenses
arising out of a single course of conduct as permitted in
section 609.035, subdivision 2.
(j) When an attorney responsible for prosecuting gross
misdemeanors or enhanced gross misdemeanors under this section
requests criminal history information relating to prior impaired
driving convictions from a court, the court must furnish the
information without charge.
(k) A violation of subdivision 1a may be prosecuted either
in the jurisdiction where the arresting officer observed the
defendant driving, operating, or in control of the motor vehicle
or in the jurisdiction where the refusal occurred.
Sec. 165. Minnesota Statutes 1998, section 169.1217,
subdivision 9, is amended to read:
Subd. 9. [DISPOSITION OF FORFEITED VEHICLE.] (a) If the
vehicle is administratively forfeited under subdivision 7a, or
if the court finds under subdivision 8 that the vehicle is
subject to forfeiture under subdivisions 6 and 7, the
appropriate agency shall:
(1) sell the vehicle and distribute the proceeds under
paragraph (b); or
(2) keep the vehicle for official use. If the agency keeps
a forfeited motor vehicle for official use, it shall make
reasonable efforts to ensure that the motor vehicle is available
for use by the agency's officers who participate in the drug
abuse resistance education program.
(b) The proceeds from the sale of forfeited vehicles, after
payment of seizure, storage, forfeiture, and sale expenses, and
satisfaction of valid liens against the property, must be
forwarded to the treasury of the political subdivision that
employs the appropriate agency responsible for the forfeiture
for use in DWI-related enforcement, training and education. If
the appropriate agency is an agency of state government, the net
proceeds must be forwarded to the state treasury and credited to
the general fund.
(c) The proceeds from the sale of forfeited off-road
recreational vehicles and motorboats, after payment of seizure,
storage, forfeiture, and sale expenses, and satisfaction of
valid liens against the property, must be forwarded to the state
treasury and credited to the following funds:
(1) if the forfeited vehicle is a motorboat, the net
proceeds must be credited to the water recreation account in the
natural resources fund;
(2) if the forfeited vehicle is a snowmobile, the net
proceeds must be credited to the snowmobile trails and
enforcement account in the natural resources fund;
(3) if the forfeited vehicle is an all-terrain vehicle, the
net proceeds must be credited to the all-terrain vehicle account
in the natural resources fund;
(4) if the forfeited vehicle is an off-highway motorcycle,
the net proceeds must be credited to the off-highway motorcycle
account in the natural resources fund;
(5) if the forfeited vehicle is an off-road vehicle, the
net proceeds must be credited to the off-road vehicle account in
the natural resources fund; and
(6) if otherwise, the net proceeds must be credited to the
general fund.
Sec. 166. Minnesota Statutes 1998, section 169.123,
subdivision 1, is amended to read:
Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of
this section, section 169.121, and section 169.1211, the term
peace officer means (1) a state patrol officer, (2) University
of Minnesota peace officer, (3) a constable as defined in
section 367.40, subdivision 3, (4) police officer of any
municipality, including towns having powers under section
368.01, or county, and (5) for purposes of violations of those
sections in or on an off-road recreational vehicle or motorboat,
or for violations of section 97B.065 or 97B.066, a state
conservation officer.
Sec. 167. Minnesota Statutes 1998, section 171.07,
subdivision 12, is amended to read:
Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The
department shall maintain in its records information transmitted
electronically from the commissioner of natural resources
identifying each person to whom the commissioner has issued a
snowmobile safety certificate. The records transmitted from the
department of natural resources must contain the full name and
date of birth as required for the driver's license or
identification card. Records that are not matched to a driver's
license or identification card record may be deleted after seven
years.
(b) After receiving information under paragraph (a) that a
person has received a snowmobile safety certificate, the
department shall include, on all drivers' licenses or Minnesota
identification cards subsequently issued to the person, a
graphic or written indication that the person has received the
certificate.
(c) If a person who has received a snowmobile safety
certificate applies for a driver's license or Minnesota
identification card before that information has been transmitted
to the department, the department may accept a copy of the
certificate as proof of its issuance and shall then follow the
procedures in paragraph (b).
Sec. 168. Minnesota Statutes 1998, section 171.07,
subdivision 13, is amended to read:
Subd. 13. [FIREARMS SAFETY DESIGNATION.] (a) When an
applicant has a record transmitted to the department as
described in paragraph (c) or presents a firearms safety
certificate issued for successfully completing a firearms safety
course administered under section 97B.015, voluntarily and
requests a driver's license or identification card described in
paragraph (b), pays the required fees, and otherwise qualifies,
the department shall issue, renew, or reissue to the applicant a
driver's license or Minnesota identification card described in
paragraph (b).
(b) Pursuant to paragraph (a), the department shall issue a
driver's license or Minnesota identification card bearing a
designation or symbolic representation, as designed by the
commissioner in consultation with the commissioner of natural
resources, indicating graphic or written indication that the
applicant has successfully completed a firearms safety
course and is knowledgeable in firearms safety administered
under section 97B.015.
(c) The department shall maintain in its records
information transmitted electronically from the commissioner of
natural resources identifying each person to whom the
commissioner has issued a firearms safety certificate. The
records transmitted from the department of natural resources
must contain the full name and date of birth as required for the
driver's license or identification card. Records that are not
matched to a driver's license or identification card record may
be deleted after seven years.
Sec. 169. Minnesota Statutes 1998, section 223.17,
subdivision 3, is amended to read:
Subd. 3. [GRAIN BUYERS AND STORAGE FUND ACCOUNT; FEES.]
The commissioner shall set the fees for inspections under
sections 223.15 to 223.22 at levels necessary to pay the
expenses of administering and enforcing sections 223.15 to
223.22. These fees may be adjusted pursuant to the provisions
of section 16A.1285.
The fee for any license issued or renewed after June 30,
1997, shall be set according to the following schedule:
(a) $100 plus $50 for each additional location for grain
buyers whose gross annual purchases are less than $100,000;
(b) $200 plus $50 for each additional location for grain
buyers whose gross annual purchases are at least $100,000, but
not more than $750,000;
(c) $300 plus $100 for each additional location for grain
buyers whose gross annual purchases are more than $750,000 but
not more than $1,500,000;
(d) $400 plus $100 for each additional location for grain
buyers whose gross annual purchases are more than $1,500,000 but
not more than $3,000,000; and
(e) $500 plus $100 for each additional location for grain
buyers whose gross annual purchases are more than $3,000,000.
There is created in the state treasury the grain buyers and
storage account in the agricultural fund. Money collected
pursuant to sections 223.15 to 223.19 shall be paid into the
state treasury and credited to the grain buyers and storage fund
account and is appropriated to the commissioner for the
administration and enforcement of sections 223.15 to 223.22.
Sec. 170. Minnesota Statutes 1998, section 231.16, is
amended to read:
231.16 [WAREHOUSE OPERATOR TO OBTAIN LICENSE.]
Every person desiring to engage in the business of
warehouse operator, before engaging therein, shall be licensed
annually by, and shall be under the supervision and subject to
the inspection of, the department. Written application in the
form prescribed by the department shall be made to the
department for license, specifying the city in which it is
proposed to carry on the business of warehousing, the location,
size, character, and equipment of the buildings or premises to
be used by the warehouse operator, the kind of goods, wares, and
merchandise intended to be stored therein, the name of the
person or corporation operating the same, and of each member of
the firm or officer of the corporation, and any other facts
necessary to satisfy the department that the property proposed
to be used is suitable for warehouse purposes and that the
warehouse operator making the application is qualified to carry
on the business of warehousing. Should the department decide
that the building or other property proposed to be used as a
warehouse is suitable for the proposed purpose and that the
applicants are entitled to a license, notice of the decision
shall be given the interested parties and, upon the applicants
filing with the department the necessary bond, as provided for
in this chapter, the department shall issue the license provided
for, upon payment of the license fee, as in this section
provided. A warehouse operator to whom a license is issued
shall pay for the license a fee based on the storage capacity of
the warehouse as follows:
Storage capacity in square feet
(1) 5,000 or less $ 80
(2) 5,001 to 10,000 $155
(3) 10,001 to 20,000 $250
(4) 20,001 to 100,000 $315
(5) 100,001 to 200,000 $410
(6) over 200,000 $470
Fees collected under this chapter shall be paid into the
grain buyers and storage fund account established in section
232.22.
The license shall be renewed annually on or before July 1,
and always upon payment of the full license fee, as provided for
in this section for such renewal; and no license shall be issued
for any portion of a year for less than the full amount of the
license fee, as provided for in this section. Each license
obtained under this chapter shall be publicly displayed in the
main office of the place of business of the warehouse operator
to whom it is issued. The license shall authorize the warehouse
operator to carry on the business of warehousing only in the one
city or town named in the application and in the buildings
therein described. The department, without requiring an
additional bond and license, may issue permits from time to time
to any warehouse operator already duly licensed under the
provisions of this chapter to operate an additional warehouse in
the same city or town for which the original license was issued
during the term thereof, upon the filing an application for a
permit in the form prescribed by the department.
License may be refused for good cause shown and revoked by
the department for violation of law or of any rule by it
prescribed, upon notice and after hearing.
Sec. 171. Minnesota Statutes 1998, section 232.22,
subdivision 3, is amended to read:
Subd. 3. [FEES; GRAIN BUYERS AND STORAGE FUND ACCOUNT.]
There is created in the state treasury agricultural fund an
account known as the grain buyers and storage fund account. The
commissioner shall set the fees for inspections, certifications
and licenses under sections 232.20 to 232.25 at levels necessary
to pay the costs of administering and enforcing sections 232.20
to 232.25. All money collected pursuant to sections 232.20 to
232.25 and chapters 233 and 236 shall be paid by the
commissioner into the state treasury and credited to the grain
buyers and storage fund account and is appropriated to the
commissioner for the administration and enforcement of sections
232.20 to 232.25 and chapters 233 and 236. All money collected
pursuant to chapter 231 shall be paid by the commissioner into
the grain buyers and storage fund account and is appropriated to
the commissioner for the administration and enforcement of
chapter 231.
Sec. 172. Minnesota Statutes 1998, section 233.08, is
amended to read:
233.08 [LICENSE.]
No public terminal warehouse may be operated or receive
grain for storage until the owners or parties in charge and
operating the warehouse obtain a license from the department
authorizing the warehouse operator to operate a warehouse under
this chapter. Licenses issued or renewed annually expire at
midnight on June 30 following the date of issuance or renewal.
Before a license may be issued, written application must be made
to the department for a license specifying the kind of
warehouse, the nature of its construction, its capacity and
location, the name of the firm or corporation operating it, each
member of the firm or officer of the corporation, and other
facts the department requires. The department shall act on the
application with reasonable dispatch. If no reason exists for
refusing the application, a license must be issued upon the
payment of the fee set by the commissioner. The amount of the
fee must be set to cover the costs of administering and
enforcing this chapter.
A license may be revoked by the department for violation of
the law or a rule of the department, but may only be revoked
upon a written notice or complaint specifying the charges and
after a hearing before the department. A license may be refused
to a warehouse operator whose license has been revoked within
the preceding year.
Fees collected under this chapter must be paid into the
grain buyers and storage fund account established in section
232.22.
Sec. 173. Minnesota Statutes 1998, section 236.02,
subdivision 4, is amended to read:
Subd. 4. [FEES.] The license fee must be set by the
commissioner in an amount sufficient to cover the costs of
administering and enforcing this chapter. Fees collected under
this chapter must be paid into the grain buyers and storage fund
account established in section 232.22.
Sec. 174. Minnesota Statutes 1998, section 239.791,
subdivision 1, is amended to read:
Subdivision 1. [MINIMUM OXYGEN CONTENT REQUIRED.] Except
as provided in subdivisions 10 to 12 14, a person responsible
for the product shall comply with the following requirements:
(a) After October 1, 1995, gasoline sold or offered for
sale at any time in a carbon monoxide control area must contain
at least 2.7 percent oxygen by weight.
(b) After October 1, 1997, all gasoline sold or offered for
sale in Minnesota must contain at least 2.7 percent oxygen by
weight.
Sec. 175. Minnesota Statutes 1998, section 239.791,
subdivision 12, is amended to read:
Subd. 12. [EXEMPTION FOR COLLECTOR VEHICLE AND OFF-ROAD
USE.] (a) Except during a carbon monoxide control period in a
carbon monoxide control area, A person responsible for the
product may offer for sale, sell, or dispense at a retail
gasoline station for use in collector vehicles or vehicles
eligible to be licensed as collector vehicles, off-road
vehicles, motorcycles, boats, snowmobiles, or small engines,
gasoline that is not oxygenated in accordance with subdivision 1
if the person meets the conditions in paragraphs (b)
to (d) (e). If the nonoxygenated gasoline is for use in a small
engine, it must be dispensed into a can with a capacity of six
or fewer gallons.
(b) The nonoxygenated gasoline must be unleaded premium
grade as defined in section 239.751, subdivision 4.
(c) No more than one storage tank on the premises of the
retail gasoline station may be used for storage of the
nonoxygenated gasoline offered for sale, sold, or dispensed by
the station.
(d) The pump stands must be posted with a permanent notice
stating: "NONOXYGENATED GASOLINE. FOR USE IN COLLECTOR
VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR
VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR
SMALL ENGINES ONLY."
(e) For a retail gasoline station located in the county of
Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott,
Washington, or Wright, a person responsible for the product must
annually register with the director, on forms provided by the
director, an intent to sell nonoxygenated gasoline during the
period of October 1 through January 31. Such person must
register on or before August 1 of each year, and must report to
the director before April 1 of the following year the total
number of gallons of nonoxygenated premium grade gasoline sold
during the period of October 1 through January 31. Data
submitted to the department under this paragraph shall be
considered nonpublic data as defined in section 13.02,
subdivision 13.
Sec. 176. Minnesota Statutes 1998, section 239.791, is
amended by adding a subdivision to read:
Subd. 13. [EXEMPTION FOR CERTAIN RIPARIAN LANDOWNERS.] (a)
A person responsible for the product may offer for sale, sell,
and deliver directly to a bulk fuel storage tank gasoline that
is not oxygenated in accordance with subdivision 1 if the
conditions in paragraphs (b) to (e) are met.
(b) The nonoxygenated gasoline must be unleaded premium
grade as defined in section 239.751, subdivision 4.
(c) The bulk fuel storage tank must be stationary or
permanent.
(d) The bulk fuel storage tank must be under the control of
an owner of littoral or riparian property and located on that
littoral or riparian property.
(e) The nonoxygenated gasoline must be purchased for use in
vehicles that would qualify for an exemption under subdivision
12, paragraph (a).
Sec. 177. Minnesota Statutes 1998, section 239.791, is
amended by adding a subdivision to read:
Subd. 14. [EXEMPTION FOR AIRCRAFT OPERATORS.] A person
responsible for the product may offer for sale, sell, and
deliver directly to a bulk fuel storage tank gasoline that is
not oxygenated in accordance with subdivision 1 for use in
aircraft if the nonoxygenated gasoline is unleaded premium grade
as defined in section 239.751, subdivision 4.
Sec. 178. Minnesota Statutes 1998, section 290.431, is
amended to read:
290.431 [NONGAME WILDLIFE CHECKOFF.]
Every individual who files an income tax return or property
tax refund claim form may designate on their original return
that $1 or more shall be added to the tax or deducted from the
refund that would otherwise be payable by or to that individual
and paid into an account to be established for the management of
nongame wildlife. The commissioner of revenue shall, on the
income tax return and the property tax refund claim form, notify
filers of their right to designate that a portion of their tax
or refund shall be paid into the nongame wildlife management
account. The sum of the amounts so designated to be paid shall
be credited to the nongame wildlife management account for use
by the nongame program of the section of wildlife in the
department of natural resources. All interest earned on money
accrued, gifts to the program, contributions to the program, and
reimbursements of expenditures in the nongame wildlife
management account shall be credited to the account by the state
treasurer. The commissioner of natural resources shall submit a
work program for each fiscal year and semiannual progress
reports to the legislative commission on Minnesota resources in
the form determined by the commission. None of the money
provided in this section may be expended unless the commission
has approved the work program.
The state pledges and agrees with all contributors to the
nongame wildlife management account to use the funds contributed
solely for the management of nongame wildlife projects and
further agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability
of the commissioner of natural resources to use the available
funds for the most efficient and effective management of nongame
wildlife.
Sec. 179. Minnesota Statutes 1998, section 290.432, is
amended to read:
290.432 [CORPORATE NONGAME WILDLIFE CHECKOFF.]
A corporation that files an income tax return may designate
on its original return that $1 or more shall be added to the tax
or deducted from the refund that would otherwise be payable by
or to that corporation and paid into the nongame wildlife
management account established by section 290.431 for use by the
section of wildlife in the department of natural resources for
its nongame wildlife program. The commissioner of revenue
shall, on the corporate tax return, notify filers of their right
to designate that a portion of their tax return be paid into the
nongame wildlife management account for the protection of
endangered natural resources. All interest earned on money
accrued, gifts to the program, contributions to the program, and
reimbursements of expenditures in the nongame wildlife
management account shall be credited to the account by the state
treasurer. The commissioner of natural resources shall submit a
work program for each fiscal year to the legislative commission
on Minnesota resources in the form determined by the
commission. None of the money provided in this section may be
spent unless the commission has approved the work program.
The state pledges and agrees with all corporate
contributors to the nongame wildlife account to use the funds
contributed solely for the nongame wildlife program and further
agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability
of the commissioner of natural resources to use the available
funds for the most efficient and effective management of those
programs.
Sec. 180. Minnesota Statutes 1998, section 296A.18,
subdivision 3, is amended to read:
Subd. 3. [SNOWMOBILE.] Approximately one percent in fiscal
years 1998 and 1999, and three-fourths of one percent
thereafter, of all gasoline received in and produced or brought
into this state, except gasoline used for aviation purposes, is
being used as fuel for the operation of snowmobiles in this
state, and of the total revenue derived from the imposition of
the gasoline fuel tax for uses other than for aviation purposes,
one percent in fiscal years 1998 and 1999, and three-fourths of
one percent thereafter, of such revenues is the amount of tax on
fuel used in snowmobiles operated in this state.
Sec. 181. Minnesota Statutes 1998, section 297H.13,
subdivision 5, is amended to read:
Subd. 5. [REPORT ON RECEIPTS.] The commissioner of revenue
shall report to the chairs of the house and senate environment
and natural resources committees; the house environment and
natural resources finance division; the senate environment and
agriculture budget division; the house tax committee and the
senate taxes and tax laws committee; the commissioner of the
pollution control agency; and the director of the office of
environmental assistance on the total tax revenues received from
the taxes imposed under this chapter. The reports shall be made
as follows:
(1) a report by May 31, 1998, August 31 of each year based
on amounts received by the commissioner of revenue from January
1, 1998, through April 30, 1998 January 1 through June 30 of
that year; and
(2) a report by September 30, 1998, February 28 of each
year based on amounts received by the commissioner of revenue
from May 1, 1998, through August 31, 1998; and
(3) a report by January 31, 1999, based on amounts received
by the commissioner of revenue from September 1, 1998, through
December 31, 1998 July 1 through December 31 of the preceding
year.
Sec. 182. Minnesota Statutes 1998, section 325E.11, is
amended to read:
325E.11 [COLLECTION FACILITIES; NOTICE.]
(a) Any person selling at retail or offering motor oil or
motor oil filters for retail sale in this state shall:
(1) post a notice indicating the nearest location where
used motor oil and used motor oil filters may be returned at no
cost for recycling or reuse, post a toll-free telephone number
that may be called by the public to determine a convenient
location, or post a listing of locations where used motor oil
and used motor oil filters may be returned at no cost for
recycling or reuse; or
(2) if the person is subject to section
325E.112, subdivision 1, paragraph (b), post a notice informing
customers purchasing motor oil or motor oil filters of the
location of the used motor oil and used motor oil filter
collection site established by the retailer in accordance with
section 325E.112, subdivision 1, paragraph (b), where used motor
oil and used motor oil filters may be returned at no cost.
(b) A notice under paragraph (a) shall be posted on or
adjacent to the motor oil and motor oil filter displays, be at
least 8-1/2 inches by 11 inches in size, contain the universal
recycling symbol with the following language:
(1) "It is illegal to put used oil and used motor oil
filters in the garbage.";
(2) "Recycle your used oil and used motor oil filters.";
and
(3)(i) "There is a free collection site here for your used
oil and used motor oil filters.";
(ii) "There is a free collection site for used oil and used
motor oil filters located at (name of business and street
address).";
(iii) "For the location of a free collection site for used
oil and used motor oil filters call (toll-free phone number).";
or
(iv) "Here is a list of free collection sites for used oil
and used motor oil filters."
(c) The division of weights and measures under the
department of public service shall enforce compliance with this
section as provided in section 239.54. The pollution control
agency shall enforce compliance with this section under sections
115.071 and 116.072 in coordination with the division of weights
and measures.
Sec. 183. Minnesota Statutes 1998, section 325E.112,
subdivision 1, is amended to read:
Subdivision 1. [COLLECTION.] (a) Motor oil and motor oil
filter manufacturers and retailers shall seek to provide by May
31, 2001:
(1) access to at least one nongovernmental site for
collection of used motor oil and used motor oil filters from the
public within a five-mile radius of any resident in the
seven-county metropolitan area; and
(2) access to at least one nongovernmental site for
collection of used motor oil and used motor oil filters from the
public within a city or town with a population of greater than
1,500 outside the seven-county metropolitan area. The
commissioner of the pollution control agency shall determine by
June 30, 2001, whether these goals have been met.
(b) If the commissioner of the pollution control agency
determines that motor oil and motor oil filter manufacturers and
retailers have not met the goals in paragraph (a) by May 31,
2001, then beginning July 1, 2001, all retailers that sell at an
individual location more than 1,000 motor oil filters per
calendar year at retail for off-site installation must provide
for collection of used motor oil and used motor oil filters from
the public. Retailers who do not collect the used motor oil and
used motor oil filters at their individual locations may meet
the requirement by entering into a written agreement with
another party whose location is:
(1) within two miles of the retailer's location if the
retailer is located:
(i) within the Interstate Highway 494/694 beltway;
(ii) in a home rule charter or statutory city or a town
contiguous to the Interstate Highway 494/694 beltway; or
(iii) in a home rule charter or statutory city of over
30,000 population within the metropolitan area as defined in
section 473.121; or
(2) within five miles of the retailer's location if the
retailer is not in an area described in clause (1).
(b) (c) The written agreement under paragraph (b) must
specify that the other party will accept from the public up to
ten gallons of used motor oil and ten used motor oil filters per
person per month during normal hours of operation unless:
(1) the used motor oil is known to be contaminated with
antifreeze, other hazardous waste, or other materials which may
increase the cost of used motor oil management and disposal;
(2) the storage equipment for that particular waste is
temporarily filled to capacity; or
(3) the used motor oil or used motor oil filters are from a
business.
(c) (d) Persons accepting used motor oil from the public in
accordance with this subdivision shall presume that the used
motor oil is not contaminated with hazardous waste, provided the
person offering the used motor oil is acting in good faith and
the person accepting the used motor oil does not have evidence
to the contrary. Persons collecting used motor oil from the
public must take precautions to prevent contamination of used
motor oil storage equipment. Precautions may include, but are
not limited to, keeping a log of persons dropping off used motor
oil, securing access to used motor oil storage equipment, or
posting signage at the site indicating the proper use of the
equipment.
(d) (e) Persons accepting used motor oil and used motor oil
filters under paragraph (a) (b), including persons accepting the
oil and filters on behalf of the retailer, may not charge a fee
when accepting ten gallons or less of used motor oil or ten or
fewer used motor oil filters per person per month.
(e) (f) Persons that receive contaminated used motor oil
may manage the used motor oil as household hazardous waste
through publicly administered household hazardous waste
collection programs, with approval from the household hazardous
waste program. Used motor oil contaminated with hazardous waste
from the public that cannot be managed through a household
hazardous waste collection program must be managed as a
hazardous waste in accordance with rules adopted by the
pollution control agency.
Sec. 184. Minnesota Statutes 1998, section 325E.112,
subdivision 3, is amended to read:
Subd. 3. [EDUCATION PROGRAM.] When the By June 30 of each
year, the commissioner estimates that all shall estimate the
amount of funds available under section 325E.113 that will not
be expended for reimbursements, the commissioner may use the
estimated unexpended funds and shall transfer all or a portion
of the estimated unexpended funds to the office of environmental
assistance to cover the costs of educating the public and
businesses on the provisions of this section and on proper
management of used motor oil, used motor oil filters, and other
automotive wastes. In coordination with the pollution control
agency, county solid waste administrators, used motor oil and
used motor oil filter collection site operators, and
manufacturers and retailers of motor oil and motor oil filters,
the director of the office of environmental assistance shall
educate the public and businesses on the proper management of
used motor oil, used motor oil filters, and other automotive
wastes. As part of the education efforts, the director shall
make information available to the public and businesses
regarding the proper management of used motor oil, used motor
oil filters, and other automotive wastes on the office's World
Wide Web page. The commissioner of the pollution control agency
shall also make information regarding the proper management of
used motor oil, used motor oil filters, and other automotive
wastes available on the agency's World Wide Web page.
Sec. 185. Minnesota Statutes 1998, section 325E.112,
subdivision 4, is amended to read:
Subd. 4. [LIABILITY EXEMPTION.] Persons who accept used
motor oil and used motor oil filters from the public and
retailers and manufacturers who contract with such persons for
purposes of subdivision 1 are exempt from liability under
chapter 115B for the used motor oil, contaminated used motor
oil, and used motor oil filters accepted under the provisions of
subdivision 1 at facilities that accept used motor oil or used
motor oil filters from the public free of charge, after the used
motor oil, contaminated used motor oil, and used motor oil
filters are sent off-site in compliance with rules adopted by
the pollution control agency.
Sec. 186. Minnesota Statutes 1998, section 325E.113, is
amended to read:
325E.113 [CONTAMINATED USED MOTOR OIL REIMBURSEMENT
ACCOUNT.]
The contaminated used motor oil reimbursement account is
established in the environmental fund. Money in the account is
appropriated to the commissioner of the pollution control agency
for the commissioner's activities under section 325E.112 and to
complete the study required by section 201, except that the
commissioner may not expend more than $50,000 for the study
required by section 201.
Sec. 187. Minnesota Statutes 1998, section 500.24,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] The definitions in this
subdivision apply to this section.
(a) "Farming" means the production of (1) agricultural
products; (2) livestock or livestock products; (3) milk or milk
products; or (4) fruit or other horticultural products. It does
not include the processing, refining, or packaging of said
products, nor the provision of spraying or harvesting services
by a processor or distributor of farm products. It does not
include the production of timber or forest products, the
production of poultry or poultry products, or the feeding and
caring for livestock that are delivered to a corporation for
slaughter or processing for up to 20 days before slaughter or
processing.
(b) "Family farm" means an unincorporated farming unit
owned by one or more persons residing on the farm or actively
engaging in farming.
(c) "Family farm corporation" means a corporation founded
for the purpose of farming and the ownership of agricultural
land in which the majority of the voting stock is held by and
the majority of the stockholders are persons or the spouses of
persons related to each other within the third degree of kindred
according to the rules of the civil law, and at least one of
said related persons is residing on or actively operating the
farm, and none of whose stockholders are corporations; provided
that a family farm corporation shall not cease to qualify as
such hereunder by reason of any devise or bequest of shares of
voting stock.
(d) "Authorized farm corporation" means a corporation
meeting the following standards:
(1) it has no more than five shareholders;
(2) all its shareholders, other than any estate, are
natural persons;
(3) it does not have more than one class of shares;
(4) its revenue from rent, royalties, dividends, interest,
and annuities does not exceed 20 percent of its gross receipts;
(5) shareholders holding 51 percent or more of the interest
in the corporation reside on the farm or are actively engaging
in farming;
(6) it does not, directly or indirectly, own or otherwise
have an interest in any title to more than 1,500 acres of
agricultural land; and
(7) none of its shareholders are shareholders in other
authorized farm corporations that directly or indirectly in
combination with the corporation own more than 1,500 acres of
agricultural land.
(e) "Authorized livestock farm corporation" means a
corporation formed for the production of livestock and meeting
the following standards:
(1) it is engaged in the production of livestock other than
dairy cattle;
(2) all its shareholders, other than any estate, are
natural persons or family farm corporations;
(3) it does not have more than one class of shares;
(4) its revenue from rent, royalties, dividends, interest,
and annuities does not exceed 20 percent of its gross receipts;
(5) shareholders holding 75 percent or more of the control,
financial, and capital investment in the corporation are farmers
residing in Minnesota and at least 51 percent of the required
percentage of farmers are actively engaged in livestock
production;
(6) it does not, directly or indirectly, own or otherwise
have an interest in any title to more than 1,500 acres of
agricultural land; and
(7) none of its shareholders are shareholders in other
authorized farm corporations that directly or indirectly in
combination with the corporation own more than 1,500 acres of
agricultural land.
(f) "Agricultural land" means real estate used for farming
or capable of being used for farming in this state.
(g) "Pension or investment fund" means a pension or
employee welfare benefit fund, however organized, a mutual fund,
a life insurance company separate account, a common trust of a
bank or other trustee established for the investment and
reinvestment of money contributed to it, a real estate
investment trust, or an investment company as defined in United
States Code, title 15, section 80a-3.
(h) "Farm homestead" means a house including adjoining
buildings that has been used as part of a farming operation or
is part of the agricultural land used for a farming operation.
(i) "Family farm partnership" means a limited partnership
formed for the purpose of farming and the ownership of
agricultural land in which the majority of the interests in the
partnership is held by and the majority of the partners are
persons or the spouses of persons related to each other within
the third degree of kindred according to the rules of the civil
law, at least one of the related persons is residing on or
actively operating the farm, and none of the partners are
corporations. A family farm partnership does not cease to
qualify as a family farm partnership because of a devise or
bequest of interest in the partnership.
(j) "Authorized farm partnership" means a limited
partnership meeting the following standards:
(1) it has been issued a certificate from the secretary of
state or is registered with the county recorder and farming and
ownership of agricultural land is stated as a purpose or
character of the business;
(2) no more than five partners;
(3) all its partners, other than any estate, are natural
persons;
(4) its revenue from rent, royalties, dividends, interest,
and annuities do not exceed 20 percent of its gross receipts;
(5) its general partners hold at least 51 percent of the
interest in the land assets of the partnership and reside on the
farm or are actively engaging in farming not more than 1,500
acres as a general partner in an authorized limited partnership;
(6) its limited partners do not participate in the business
of the limited partnership including operating, managing, or
directing management of farming operations;
(7) it does not, directly or indirectly, own or otherwise
have an interest in any title to more than 1,500 acres of
agricultural land; and
(8) none of its limited partners are limited partners in
other authorized farm partnerships that directly or indirectly
in combination with the partnership own more than 1,500 acres of
agricultural land.
(k) "Farmer" means a natural person who regularly
participates in physical labor or operations management in the
person's farming operation and files "Schedule F" as part of the
person's annual Form 1040 filing with the United States Internal
Revenue Service.
(l) "Actively engaged in livestock production" means
performing day-to-day physical labor or day-to-day operations
management that significantly contributes to livestock
production and the functioning of a livestock operation.
(m) "Research or experimental farm" means a corporation,
limited partnership, or pension or investment fund that owns or
operates agricultural land for research or experimental
purposes, provided that any commercial sales from the operation
are incidental to the research or experimental objectives of the
corporation. A corporation, limited partnership, or pension or
investment fund seeking initial approval by the commissioner to
operate agricultural land for research or experimental purposes
must first submit to the commissioner a prospectus or proposal
of the intended method of operation containing information
required by the commissioner including a copy of any operational
contract with individual participants.
(n) "Breeding stock farm" means a corporation or limited
partnership that owns land for the purpose of raising breeding
stock, including embryos, for resale to farmers or for the
purpose of growing seed, wild rice, nursery plants, or sod. An
entity that is organized to raise livestock other than dairy
cattle under this paragraph that does not qualify as an
authorized farm corporation must:
(1) sell all castrated animals to be fed out or finished to
farming operations that are neither directly nor indirectly
owned by the business entity operating the breeding stock
operation; and
(2) report its total production and sales annually to the
commissioner.
(o) "Aquatic farm" means a corporation or limited
partnership that owns or leases agricultural land as a necessary
part of an aquatic farm as defined in section 17.47, subdivision
3.
(p) "Religious farm" means a corporation formed primarily
for religious purposes whose sole income is derived from
agriculture.
(q) "Utility corporation" means a corporation regulated
under Minnesota Statutes 1974, chapter 216B, that owns
agricultural land for purposes described in that chapter, or an
electric generation or transmission cooperative that owns
agricultural land for use in its business if the land is not
used for farming except under lease to a family farm unit, a
family farm corporation, or a family farm partnership.
(r) "Benevolent trust" means a pension fund or family trust
established by the owners of a family farm, authorized farm
corporation, authorized livestock farm corporation, or family
farm corporation that holds an interest in title to agricultural
land on which one or more of those owners or shareholders have
resided or have been actively engaged in farming as required by
paragraph (b), (c), (d), or (e).
(s) "Development organization" means a corporation, limited
partnership, or pension or investment fund that owns
agricultural land for which the corporation, limited
partnership, or pension or investment fund has documented plans
to use and subsequently uses the land within six years from the
date of purchase for a specific nonfarming purpose, or if the
land is zoned nonagricultural, or if the land is located within
an incorporated area. A corporation, limited partnership, or
pension or investment fund may hold agricultural land in the
amount necessary for its nonfarm business operation; provided,
however, that pending the development of agricultural land for
nonfarm purposes, the land may not be used for farming except
under lease to a family farm unit, a family farm corporation, an
authorized farm corporation, an authorized livestock farm
corporation, a family farm partnership, or an authorized farm
partnership, or except when controlled through ownership,
options, leaseholds, or other agreements by a corporation that
has entered into an agreement with the United States under the
New Community Act of 1968 (Title IV of the Housing and Urban
Development Act of 1968, United States Code, title 42, sections
3901 to 3914) as amended, or a subsidiary or assign of such a
corporation.
(t) "Exempt land" means agricultural land owned or leased
by a corporation as of May 20, 1973, agricultural land owned or
leased by a pension or investment fund as of May 12, 1981, or
agricultural land owned or leased by a limited partnership as of
May 1, 1988, including the normal expansion of that ownership at
a rate not to exceed 20 percent of the amount of land owned as
of May 20, 1973, for a corporation; May 12, 1981, for a pension
or investment fund; or May 1, 1988, for a limited partnership,
measured in acres, in any five-year period, and including
additional ownership reasonably necessary to meet the
requirements of pollution control rules. A corporation, limited
partnership, or pension or investment fund that is eligible to
own or lease agricultural land under this section prior to May
1997 may continue to own or lease agricultural land subject to
the same conditions and limitations as previously allowed.
(u) "Gifted land" means agricultural land acquired as a
gift, either by grant or devise, by an educational, religious,
or charitable nonprofit corporation, limited partnership, or
pension or investment fund if all land so acquired is disposed
of within ten years after acquiring the title.
(v) "Repossessed land" means agricultural land acquired by
a corporation, limited partnership, or pension or investment
fund by process of law in the collection of debts, or by any
procedure for the enforcement of a lien or claim on the land,
whether created by mortgage or otherwise if all land so acquired
is disposed of within five years after acquiring the title. The
five-year limitation is a covenant running with the title to the
land against any grantee, assignee, or successor of the pension
or investment fund, corporation, or limited partnership. The
land so acquired must not be used for farming during the
five-year period, except under a lease to a family farm unit, a
family farm corporation, an authorized farm corporation, an
authorized livestock farm corporation, a family farm
partnership, or an authorized farm partnership. Notwithstanding
the five-year divestiture requirement under this paragraph, a
financial institution may continue to own the agricultural land
if the agricultural land is leased to the immediately preceding
former owner, but must dispose of the agricultural land within
ten years of acquiring the title. Livestock acquired by a
pension or investment fund, corporation, or limited partnership
in the collection of debts, or by a procedure for the
enforcement of lien or claim on the livestock whether created by
security agreement or otherwise after August 1, 1994, must be
sold or disposed of within one full production cycle for the
type of livestock acquired or 18 months after the livestock is
acquired, whichever is later.
(w) "Commissioner" means the commissioner of agriculture.
(x) "Demonstration corporation" means a nonprofit
corporation organized under state nonprofit corporation law and
formed primarily for the purpose of demonstrating historical
farming practices.
Sec. 188. Minnesota Statutes 1998, section 500.24,
subdivision 3, is amended to read:
Subd. 3. [FARMING AND OWNERSHIP OF AGRICULTURAL LAND BY
CORPORATIONS RESTRICTED.] No corporation, limited liability
company, pension or investment fund, or limited partnership
shall engage in farming; nor shall any corporation, limited
liability company, pension or investment fund, or limited
partnership, directly or indirectly, own, acquire, or otherwise
obtain any interest, in agricultural land other than a bona fide
encumbrance taken for purposes of security. This subdivision
does not apply to general partnerships. This subdivision does
not apply to any agricultural land, corporation, limited
partnership, or pension or investment fund that meet any of the
definitions in subdivision 2, paragraphs (b) to (e), (i), (j),
and (m) to (v), and (x), has a conservation plan prepared for
the agricultural land, and reports as required under subdivision
4.
Sec. 189. Minnesota Statutes 1998, section 574.263, is
amended to read:
574.263 [FORESTRY NATURAL RESOURCE DEVELOPMENT PROJECTS.]
Subdivision 1. [DEFINITION.] For the purposes of this
section and section 574.264, "forestry natural resource
development project" includes site preparation by discing,
shearing, rock raking or piling, patch scarification, or
furrowing; prairie restoration; creation of wildlife openings
and other wildlife habitat improvements; landscape clearing;
tree planting; tree seeding; tree pruning; timber stand
improvement by thinning or clearing existing forest trees by
manual, mechanical, or chemical techniques; or forest road and
bridge construction, reconstruction, and maintenance of
department of natural resources trails, public accesses, water
control structures, fish barriers, sewage treatment systems,
roads, and bridges.
Subd. 2. [CONTRACTOR'S BOND.] A contract with the state
for a forestry natural resource development project may require
a performance bond at the discretion of the commissioner of
natural resources. If the commissioner determines that a
performance bond is required, it shall not be less than five
percent of the contract price.
Subd. 3. [BID DEPOSIT IN PLACE OF PERFORMANCE BOND.] For a
contract made by the commissioner for a forestry natural
resource development project, the commissioner may require a bid
deposit in place of a performance bond for charges that may
accrue because of doing the specified work and to enforce the
terms of the contract. The commissioner may set the amount of
the bid deposit, but it may not be less than five percent of the
contract price.
Subd. 4. [PAYMENT BOND.] A contract with the state for
a forestry natural resource development project may require a
payment bond at the discretion of the commissioner of natural
resources. If the commissioner determines that a payment bond
is required, the commissioner also has the discretion to decide
whether the bond may be in the form of securities in place of a
bond as provided in section 574.264. If so, the securities
cannot have less value than five percent of the contract price.
Sec. 190. Minnesota Statutes 1998, section 574.264,
subdivision 1, is amended to read:
Subdivision 1. [FOREST NATURAL RESOURCE DEVELOPMENT
PROJECTS.] In place of a performance or payment bond or bid
deposit for a state contract for a forestry natural resource
development project less than $50,000, the person required to
file the bond or bid deposit may deposit in a local designated
state depository or with the state treasurer a certified check,
a cashier's check, a postal, bank, or express money order,
assignable bonds or notes of the United States, or an assignment
of a bank savings account or investment certificate or an
irrevocable bank letter of credit, in the same amount that would
be required for the bond or bid deposit. If securities listed
in this section are deposited, their value shall not be less
than the amount required for the bond or bid deposit and the
person required to file the bond or bid deposit shall submit an
agreement authorizing the commissioner to sell or otherwise take
possession of the securities in the event of default under the
contract or nonpayment of any persons furnishing labor and
materials under, or to perform, the contract.
Sec. 191. Laws 1995, chapter 220, section 142, as amended
by Laws 1995, chapter 263, section 12, and Laws 1996, chapter
351, section 1, is amended to read:
Sec. 142. [EFFECTIVE DATES.]
Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117,
and 141, paragraph (d), are effective the day following final
enactment.
Sections 114, 115, 118, and 121 are effective January 1,
1996.
Sections 120, subdivisions 2, 3, 4, and 5, and 141,
paragraph (c), are effective July 1, 1996.
Section 141, paragraph (b), is effective June 30, 1999 2001.
Sections 58 and 66 are effective retroactively to August 1,
1991.
Section 119 is effective September 1, 1996.
Section 120, subdivision 1, is effective July 1, 1999.
Sec. 192. Laws 1996, chapter 351, section 2, as amended by
Laws 1997, chapter 216, section 141, is amended to read:
Sec. 2. [RECYCLING GOALS AND ACTIONS.]
Subdivision 1. (a) The following recycling or reuse goals
shall be considered met if the actions in this subdivision are
initiated by the identified parties on or before September 1,
1997, and are fully completed by December 31, 1998.
Additionally, the goals in paragraph (b) must be met in at least
50 percent of counties by December 31, 1997; 75 percent by June
1, 1998; and 100 percent by December 31, 1998.
(b) Motor oil and motor oil filter manufacturers and
retailers shall ensure that:
(1) at least 90 percent of residents within the
seven-county metropolitan area and residents of a city or town
with a population greater than 1,500 have access to a free
nongovernment collection site for used motor oil and used motor
oil filters within five miles of their residences; and
(2) at least one free nongovernment collection site for
used motor oil and used motor oil filters generated by the
public would be located in each county.
(c) Motor oil and motor oil filter manufacturers and
retailers shall inform the public about environmental problems
associated with improper disposal of used motor oil and used
motor oil filters and proper disposal practices for used motor
oil and used motor oil filters. At a minimum, this shall
include public service announcements designed to reach residents
of the state that generate used motor oil and used motor oil
filters.
(d) (b) The commissioner of the pollution control agency
director of the office of environmental assistance shall, by
December 31, 1997, and at least annually thereafter or more
frequently if deemed necessary, request motor oil and motor oil
filter manufacturers and retailers, persons who haul used motor
oil and used motor oil filters, and nongovernment persons who
accept used motor oil and used motor oil filters from the public
to provide an updated list of all existing sites that collect
used motor oil, used motor oil filters, or both, from the
public, delineating for public promotion which sites collect for
free. The commissioner shall use this information to determine
whether the parties identified in paragraph (b) have met the
goals listed in that paragraph. A collection site operated by
the state or a political subdivision, as defined in Minnesota
Statutes, section 115A.03, subdivision 24, may be counted
towards meeting recycling goals, provided that the parties
responsible for meeting the goals of this subdivision
voluntarily reimburse the state or political subdivision for all
of the costs at that collection site that are associated with
used motor oil and used motor oil filter recycling. Persons who
accept used motor oil and used motor oil filters from the public
shall cooperate with manufacturers and retailers of motor oil
and motor oil filters to inform the agency office of
environmental assistance within ten 30 days of initiating or
ceasing to collect used motor oil or used motor oil filters from
the public. The information shall be provided in a form and
manner prescribed by the commissioner director of the office of
environmental assistance. Using the information provided under
this paragraph, the director of the office of environmental
assistance shall prepare and make available to the public a list
of all existing sites that collect used motor oil, used motor
oil filters, or both from the public. The list must include all
sites in the state, including both government and nongovernment
collection sites and both sites that accept used motor oil or
used motor oil filters free of charge or for a fee. The
director shall update the list at least annually.
(e) (c) Motor oil filter manufacturers shall disclose to
retailers whether lead has been intentionally introduced in
manufacturing, and retailers shall not knowingly sell motor oil
filters containing lead intentionally introduced in
manufacturing.
Subd. 2. The commissioner of the pollution control agency
may appoint an advisory group of diverse interests to assist the
agency with experimentation with various approaches to public
education, financial incentives, waste management, and other
issues that might affect the effectiveness of recycling
efforts. The commissioner may request parties responsible for
meeting the recycling goals in subdivision 1 to voluntarily pay
for some of the experimentation costs. The existence of this
advisory group in no way relieves the parties identified in
subdivision 1 of responsibility for meeting the goals listed in
that subdivision. The commissioner of the pollution control
agency shall appoint an advisory group chair.
Subd. 3. By January 15, 1999, the commissioner of the
pollution control agency shall report to the environment and
natural resources committees of the senate and the house of
representatives on the amount of used motor oil and used motor
oil filters being recycled and whether the goals in subdivision
1 have been met and recommend whether the mandate for retailers
of motor oil and filters described in Minnesota Statutes,
section 325E.112, subdivision 1, is needed to achieve the
recycling goals.
Sec. 193. Laws 1998, chapter 401, section 53, is amended
to read:
Sec. 53. [FEEDLOT RULES.]
By March December 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 sooner than June 1, 1999 April 1,
2000.
Sec. 194. Laws 1998, chapter 404, section 7, subdivision
23, is amended to read:
Subd. 23. Metro Regional Trails 5,000,000
For grants to the metropolitan council
for acquisition and development of a
capital nature of trail connections in
the metropolitan area as specified in
this subdivision. The purpose of the
grants is to improve trails in the
metropolitan park and open space system
and connect them with existing state
and regional trails. Priority shall be
given to matching funds for an ISTEA
grant.
The funds shall be allocated by the
council as follows:
(1) $1,050,000 is allocated to Ramsey
county as follows:
(i) $400,000 to complete six miles of
trails between the Burlington Northern
Regional Trail and Bald Eagle-Otter
Lake Regional Park;
(ii) $150,000 to complete a one-mile
connection between Birch Lake and the
Lake Tamarack segment of Bald
Eagle-Otter Lake Regional Park;
(iii) $500,000 to acquire real property
and design and construct or renovate
recreation facilities along the
Mississippi River in cooperation with
the city of St. Paul;
(2) $1,050,000 is allocated to the city
of St. Paul as follows:
(i) $250,000 to construct a bridge over
Lexington Parkway in Como Regional
Park; and
(ii) $800,000 to enhance amenities for
the trailhead at the Lilydale-Harriet
Island Regional Park pavilion;
(3) $1,400,000 is allocated to Anoka
county as follows to construct:
(i) $1,100,000 to construct a
pedestrian tunnel under Highway 65 on
the Rice Creek West Regional Trail in
the city of Fridley; and
(ii) $300,000 to construct a pedestrian
bridge on the Mississippi River
Regional Trail crossing over
Mississippi Street in the city of
Fridley; and
(4) $1,500,000 is allocated to the
suburban Hennepin regional park
district as follows:
(i) $1,000,000 to connect North
Hennepin Regional Trail to Luce Line
State Trail and Medicine Lake; and
(ii) $500,000 is for the cost of
development and acquisition of the
Southwest regional trail in the city of
St. Louis Park. The trail must connect
the Minneapolis regional trail system
at Cedar Lake park to the Hennepin
parks regional trail system at the
Hopkins trail head.
Sec. 195. Laws 1998, chapter 404, section 7, subdivision
26, is amended to read:
Subd. 26. Local Initiative Grants 8,000,000
For matching grants to be provided to
local units of government for
acquisition, development, or renovation
of a capital nature of local parks,
trails, and natural and scenic areas.
Recipients must provide a match of at
least one-half of total eligible
project costs. The commissioner shall
make payment to local units of
government upon receiving documentation
of reimbursable expenditures. The
commissioner shall determine project
priorities as appropriate based upon
need.
$3,500,000 of this appropriation is for
grants to units of government to
acquire and develop outdoor recreation
areas, and for grants to units of
government to acquire and better
natural and scenic areas under
Minnesota Statutes, section 85.019,
subdivision 4a.
$1,000,000 of this appropriation is for
cooperative trail grants of up to
$50,000 per project to acquire or
construct trail linkages between
communities, trails, and parks.
$3,500,000 of this appropriation is for
trail grants for the following locally
funded publicly owned trails serving
multiple communities: $1,400,000 for
Beaver Island Trail in Stearns County,
$1,400,000 for Skunk Hollow Trail in
Yellow Medicine and Chippewa Counties,
and $700,000 for Unity Trail in
Faribault County. The grant for Beaver
Island Trail in Stearns County is
available in the manner and the order
that follows: $500,000 is available
upon commitment of an equal amount from
nonstate sources, $152,000 is available
upon contribution of an equal amount
from local governments, $374,000 is
available upon commitment of an equal
amount from nonstate sources, and the
balance of $374,000 is available upon
commitment of an equal amount from
nonstate sources.
Sec. 196. Laws 1999, chapter 161, section 44, is amended
to read:
Sec. 44. [PRIVATE SALE OF TAX-FORFEITED AND SURPLUS STATE
LAND BORDERING PUBLIC WATER; ST. LOUIS COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and
282.018, subdivision 1, and the public sale provisions of
Minnesota Statutes, chapter 282, St. Louis county may sell by
private sale the tax-forfeited land that is described in
paragraph (c), clauses (1) to (11), under the remaining
provisions of Minnesota Statutes, chapter 282. Notwithstanding
Minnesota Statutes, sections 92.45, 94.09, and 94.10, the
commissioner of natural resources may sell by private sale the
surplus land bordering public water that is described in
paragraph (c), clause (12).
(b) The land described in paragraph (c) may be sold by
private sale to the Iron Range Resource and Rehabilitation Board
for economic development. The conveyance must be in a form
approved by the attorney general. The attorney general may make
necessary changes to the legal descriptions to correct errors
and ensure accuracy. The consideration for the conveyance must
be equal to the fair market value of the land plus the cost of
appraisal. The conveyance shall not include stockpiled
iron-bearing material held under control of the commissioner of
natural resources. The commissioner may sell the stockpiled
iron-bearing material located on these lands according to
Minnesota Statutes, section 93.41.
(c) The lands to be conveyed are located in St. Louis
county and are described as:
(1) the Northwest Quarter of the Northwest Quarter
Government Lot 3, Section 5, Township 58 North, Range 15 West;
(2) the Northeast Quarter of the Northwest Quarter
Government Lot 4, Section 5, Township 58 North, Range 15 West;
(3) the Southwest Quarter of the Northwest Quarter
Government Lot 5, Section 5, Township 58 North, Range 15 West;
(4) the Northwest Quarter of the Southwest Quarter
Government Lot 6, Section 5, Township 58 North, Range 15 West;
(5) the Southeast Quarter of the Northeast Quarter
Government Lot 9, Section 6, Township 58 North, Range 15 West;
(6) the Northwest Quarter of the Southeast Quarter
Government Lot 10, Section 6, Township 58 North, Range 15 West;
(7) the Northeast Quarter of the Southeast Quarter
Government Lot 11, Section 6, Township 58 North, Range 15 West;
(8) the Southwest Quarter of the Southeast Quarter
Government Lot 12, Section 6, Township 58 North, Range 15 West;
(9) the Southeast Quarter of the Southeast Quarter, Section
6, Township 58 North, Range 15 West;
(10) the Northeast Quarter of the Southeast Quarter
Government Lot 6, Section 31, Township 59 North, Range 15 West;
(11) the Southeast Quarter of the Southeast Quarter,
Section 31, Township 59 North, Range 15 West;
(12) (10) the Northwest Quarter of the Southwest Quarter
Government Lot 4, Section 32, Township 59 North, Range 15 West;
(13) (11) the Northeast Quarter of the Southwest Quarter
Government Lot 5, Section 32, Township 59 North, Range 15
West; and
(14) the Southwest Quarter of the Southwest Quarter,
Section 32, Township 59 North, Range 15 West; and
(15) (12) the Southeast Quarter of the Southwest Quarter,
the surface of the beds of Wine (Wynne) and Syracuse lakes,
below the natural ordinary high water mark thereof, as
originally surveyed in Sections 5 and 6 of Township 58 North,
Range 15 West, and the Southwest Quarter of Section 32, Township
59 North, Range 15 West.
(d) The county has determined that the county's land
management interests would best be served if the tax-forfeited
lands were returned to private ownership. The commissioner has
determined that the surplus land is no longer needed for any
state purpose and that the state's land management interests
would best be served if the land was returned to private
ownership.
Sec. 197. [PRIVATE CONVEYANCE OF STATE LAND; ROCK COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 to
94.16, the commissioner of natural resources may sell the
state-owned land described in paragraph (c) by private sale to
the adjacent landowner east of the township road.
(b) The consideration for the sale shall be the land's
appraised value as certified by the state and the conveyance
shall be in a form approved by the attorney general.
(c) The land to be sold is located in Rock county, consists
of 0.6 acres, more or less, and is described as:
That part of the Northwest Quarter of Section 13, Township
103 North, Range 45 West, described as follows:
Commencing at the West Quarter corner of Section 13; thence
North 00 degrees 17 minutes 27 seconds West (assumed
bearing) along the west line of the Northwest Quarter of
said section a distance of 128.17 feet to the point of
beginning; thence continuing North 00 degrees 17 minutes 27
seconds West along said west line a distance of 11.84 feet
to a point 140.00 feet north of the south line of the
Northwest Quarter of said section and the northwest corner
of that certain tract of land conveyed to the state of
Minnesota by final certificate, filed for record in the
office of the Rock county recorder on May 19, 1938, in Book
"M" of Miscl., pages 515-517; thence South 89 degrees 28
minutes 55 seconds East parallel with the south line of the
Northwest Quarter of said section and along the north line
of said tract a distance of 1474.45 feet to the northeast
corner of said tract; thence South 00 degrees 17 minutes 27
seconds East parallel with the west line of said section
and along the east line of said tract a distance of 25.29
feet to an iron stake with DNR caps; thence North 88
degrees 57 minutes 33 seconds West along an existing fence
line a distance of 1092.38 feet to Point A and an iron
stake; thence continuing North 88 degrees 57 minutes 33
seconds West along said fence line extended a distance of
382.32 feet to said point of beginning.
Said tract is subject to a roadway easement and any other
easements of record if any.
(d) The deed from the commissioner shall include the
following restrictive covenant: that part of the above
described tract of land lying easterly of and within 60 feet of
Point A shall be maintained in tall grass cover with no use for
livestock purposes. A breach of such restrictive covenant shall
result in the automatic reversion of the restricted land to the
state.
Sec. 198. [STUDY COMMITTEE REGARDING NEED FOR CENTRAL
COLLECTION WASTEWATER TREATMENT SYSTEM.]
The commissioner of the Minnesota pollution control agency
shall convene a committee of interested persons to address the
need for central collection wastewater treatment systems in
unsewered areas. The committee shall evaluate the effectiveness
of alternative system designs and identify regulatory and other
barriers to cost-efficient design and construction. By January
15, 2000, the commissioner shall report the results of the
committee's evaluation to the house and senate committees with
jurisdiction over environmental policy and budget issues.
Sec. 199. [AERIAL APPLICATOR LIABILITY STUDY.]
The commissioner of agriculture shall conduct a study
concerning the issues of liability and regulations of aerial
applicators and municipal airports when aerial applicators use
municipal airports. In conducting the study the commissioner
must consult with representatives of aerial applicators,
municipal airports, the Minnesota department of transportation,
and other affected parties. Not later than January 15, 2000,
the commissioner shall report the findings and recommendations
of the study to the committees of the senate and house of
representatives having jurisdiction over agricultural policy
issues.
Sec. 200. [COMMISSIONER'S ORDERS RESCINDED.]
The commissioner of natural resources' order of January 3,
1999, designating certain lands as wildlife management areas is
rescinded.
Sec. 201. [ANALYSIS OF USED OIL FILTER DISPOSAL METHODS.]
In consultation with the office of environmental
assistance, representatives of motor oil manufacturers,
representatives of motor oil filter manufacturers,
representatives of sites that accept used motor oil and used
motor oil filters from the public, and representatives of the
haulers of mixed municipal solid waste, the commissioner of the
pollution control agency shall analyze the technical feasibility
of alternative methods of disposing of and recycling of used oil
motor filters. The commissioner shall report to the chairs of
the house and senate committees with jurisdiction over
environmental policy and finance issues by January 15, 2001 on
the findings of the analysis performed under this section and
any recommendations.
Sec. 202. [LOWER PHALEN CREEK PROJECTS; DEVELOPMENT OF
ATHLETIC FIELDS PROHIBITED.]
A person may not construct or develop athletic fields in
the city of St. Paul on land within the Lower Phalen watershed
area south of Kellogg Avenue that has been approved by the
commissioner of natural resources for inclusion within the metro
greenways program, as funded by Laws 1998, chapter 404, section
7, subdivision 19.
Sec. 203. [FARMSTEAD WINDBREAK RULES.]
The board of water and soil resources must add farmstead
windbreaks as a practice eligible for cost-sharing to the rules
adopted under Minnesota Statutes, section 103C.501. Minnesota
Statutes, section 14.389, applies to this section.
Sec. 204. [RULES FOR PUBLIC USE OF RECREATIONAL AREAS.]
(a) The commissioner of natural resources shall amend the
proposed permanent rules relating to public use of recreational
areas, published in the State Register, volume 23, pages 751 to
763, October 5, 1998, according to this section and pursuant to
Minnesota Statutes, section 14.388.
(b) The proposed permanent rules may not be more
restrictive than the following provisions:
(1) "forest trail" means a trail that is either
constructed, maintained, or located on forest lands administered
by the commissioner for recreational activities on forest lands.
Forest trail does not include state recreational trails as
defined in Minnesota Statutes, section 85.015;
(2) no person may cut live merchantable trees on forest
lands for constructing an elevated scaffold, except that shrubs,
the lateral branches of trees, and saplings measuring smaller
than four inches in diameter at 4-1/2 feet off the ground may be
removed;
(3) motor vehicles may operate on forest lands classified
as managed on forest roads and forest trails that are not posted
and designated as closed, subject to the limitations and
exceptions in proposed Minnesota Rules, part 6100.1950;
(4) a public meeting shall be held in the county where the
largest portion of the forest lands are located to provide
information to and receive comment from the public regarding the
proposed classification change;
(5) no person shall operate a motor vehicle on forest lands
on or over the beds of lakes, rivers, or streams when ice is not
covering the water body, except on a bridge, culvert, or similar
structure or designated low water crossing; and
(6) motor vehicles may operate on forest lands classified
as limited on forest roads that are not posted and designated
closed and on forest trails or areas that are posted and
designated to allow motor vehicle use, subject to the
limitations and exceptions in proposed Minnesota Rules, part
6100.1950.
(c) The commissioner shall remove the following provisions
of the rules, as proposed:
(1) no person shall operate a motor vehicle on forest lands
off a forest road or trail, except:
(i) on forest lands classified as managed or limited during
the seasons open for taking big game, licensed hunters may use
all terrain vehicles off forest trails to retrieve big game
animals by taking the most direct route between the carcass and
the trail; and
(ii) inside the boundaries of a posted and designated
scramble area;
(2) no person shall create an unauthorized trail on forest
lands; and
(3) a person may not operate or be in control of a motor
vehicle or snowmobile on forest lands while under the influence
of alcohol or a controlled or hazardous substance. Arrest and
testing procedures are according to Minnesota Statutes, section
84.91 to 84.911.
Sec. 205. [AGRICULTURAL PRODUCER CONTRACTS; COMMISSIONER
TO STUDY; REPORT.]
(a) The commissioner of agriculture, in consultation with
legislators, farm organizations, affected commodity groups,
producers of agriculture crops and livestock, and agricultural
processors, shall conduct a study of current and projected
impacts of increasing amounts of livestock, poultry, and
specialty crops produced under contract with processors, and the
effect of contract production on access to competitive markets
for producers who choose not to produce under contract.
(b) Not later than February 15, 2000, the commissioner
shall report findings of the study, including, if any,
recommendations for law or rule changes, to the committees of
the senate and house of representatives having jurisdiction over
agriculture policy issues.
Sec. 206. [REVISOR INSTRUCTION.]
The revisor of statutes shall renumber Minnesota Statutes,
section 156.072, subdivision 4, as section 156.073.
Sec. 207. [REPEALER.]
Minnesota Statutes 1998, sections 31A.28; 42.01; 42.02;
42.03; 42.04; 42.05; 42.06; 42.07; 42.08; 42.09; 42.10; 42.11;
42.12; 42.13; 42.14; and 473.845, subdivision 2, are repealed.
Minnesota Statutes 1998, sections 35.245; 35.96,
subdivision 4; 86B.415, subdivision 7a; and 446A.21, are
repealed effective the day following final enactment.
Sec. 208. [EFFECTIVE DATE.]
Sections 19, 29, 69 to 81, 83, 114 to 122, 124, 131, 174,
176, 177, 181, 191, 194 to 196, 200, 203, and 204 are effective
on the day following final enactment. Section 112 is effective
January 1, 2000.
Section 175 is effective the day after a notice is
published in the Federal Register by the United States
Environmental Protection Agency redesignating the Twin Cities
nonattainment area for carbon monoxide to attainment for carbon
monoxide.
Presented to the governor May 24, 1999
Signed by the governor May 25, 1999, 2:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes