Office of the Revisor of Statutes
Minnesota Session Laws - 2001, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 2-S.F.No. 10
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
2000, sections 13.6435, subdivision 8; 17.039; 17.101,
subdivision 5; 17.102, subdivision 3; 17.1025; 17.109,
subdivision 3; 17.115; 17.116; 17.117; 17.457,
subdivision 10; 17.53, subdivisions 2, 8, 13; 17.63;
17.85; 17A.03, subdivision 7; 17B.15, subdivision 1;
18B.01, by adding a subdivision; 18B.065, subdivision
5; 18E.04, subdivisions 2, 4, 5; 21.85, subdivision
12; 27.041, subdivision 2; 28A.04, subdivision 1;
28A.075; 28A.0752, subdivision 1; 28A.085, subdivision
4; 29.22, subdivision 2; 29.23, subdivisions 2, 3, 4;
29.237; 31.101, by adding a subdivision; 31.39;
31A.21, subdivision 2; 32.21, subdivision 4; 32.392;
32.394, subdivisions 4, 8a, 8e; 32.415; 32.475,
subdivision 2; 32.70, subdivisions 7, 8; 34.07;
41B.025, subdivision 1; 41B.03, subdivision 2;
41B.043, subdivisions 1b, 2; 41B.046, subdivision 2;
84.0887, subdivisions 1, 2, 4, 5, 6, 9; 84.83,
subdivision 3, as amended; 84.925, subdivision 1;
84.9256, subdivision 1; 84.928, subdivision 2; 85.015,
by adding subdivisions; 85.052, subdivision 4; 85.055,
subdivision 2; 85.32, subdivision 1; 86A.21; 86B.106;
88.641, subdivision 2, by adding subdivisions; 88.642;
88.645; 88.647; 88.648; 88.75, subdivision 1; 89A.06,
subdivision 2a; 93.002, subdivision 1; 97A.045,
subdivision 7; 97A.055, by adding a subdivision;
97A.405, subdivision 2; 97A.411, subdivision 2;
97A.473, subdivisions 2, 3, 5; 97A.474, subdivisions
2, 3; 97A.475, subdivisions 5, 6, 10; 97A.485,
subdivision 6; 97B.001, subdivision 1; 97B.721;
97C.305; 115.03, by adding a subdivision; 115.55,
subdivision 3; 115A.0716, by adding a subdivision;
115A.54, subdivision 2a; 115A.557, subdivision 2;
115A.912, subdivision 1; 115A.914, subdivision 2;
115B.49, subdivision 4a; 115C.07, subdivision 3;
115C.09, subdivisions 1, 2a, 3, 3h; 115C.093;
115C.112; 115C.13; 116.07, subdivision 2; 116.70,
subdivision 1; 116O.09, subdivision 1a; 223.17,
subdivision 3; 231.16; 256J.20, subdivision 3;
296A.01, subdivision 19; 297A.94; 473.845, subdivision
3; 609.687, subdivision 4; Laws 1986, chapter 398,
article 1, section 18, as amended; Laws 1995, chapter
220, section 142, as amended; Laws 1996, chapter 407,
section 32, subdivision 4; Laws 1999, chapter 231,
section 16, subdivision 4; Laws 2000, chapter 473,
section 21; proposing coding for new law in Minnesota
Statutes, chapters 18B; 28A; 32; 84; 88; 115A; 116P;
626; repealing Minnesota Statutes 2000, sections
13.6435, subdivision 7; 17.042; 17.06; 17.07; 17.108;
17.139; 17.45; 17.76; 17.987; 17A.091, subdivision 1;
17B.21; 17B.23; 17B.24; 17B.25; 17B.26; 17B.27;
18.205; 24.001; 24.002; 24.12; 24.131; 24.135; 24.141;
24.145; 24.151; 24.155; 24.161; 24.171; 24.175; 24.18;
24.181; 25.47; 27.185; 29.025; 29.049; 30.50; 30.51;
31.11, subdivision 2; 31.185; 31.73; 31B.07; 32.11;
32.12; 32.18; 32.19; 32.20; 32.203; 32.204; 32.206;
32.208; 32.471, subdivision 1; 32.474; 32.481,
subdivision 2; 32.529; 32.53; 32.531, subdivisions 1,
5, 6, 7; 32.5311; 32.5312; 32.532; 32.533; 32.534;
32.55, subdivisions 15, 16, 17; 33.001; 33.002; 33.01;
33.011; 33.02; 33.03; 33.031; 33.032; 33.06; 33.07;
33.08; 33.09; 33.091; 33.111; 35.04; 35.14; 35.84;
86.71; 86.72; 88.641, subdivisions 4, 5; 88.644;
115.55, subdivision 8; 115A.906; 115A.912,
subdivisions 2, 3; 115C.02, subdivisions 11a, 12a;
115C.082; 115C.09, subdivision 3g; 115C.091; 115C.092;
116.67; 116.70, subdivisions 2, 3a, 4; 116.71; 116.72;
116.73; 116.74; Minnesota Rules, parts 1560.9000,
subpart 2; 7023.9000; 7023.9005; 7023.9010; 7023.9015;
7023.9020; 7023.9025; 7023.9030; 7023.9035; 7023.9040;
7023.9045; 7023.9050; 7080.0020, subparts 24c, 51a;
7080.0400; 7080.0450.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE
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 "2001," "2002," and "2003," where used in this
article, mean that the appropriation or appropriations listed
under them are available for the year ending June 30, 2001, June
30, 2002, or June 30, 2003, respectively. The term "the first
year" means the year ending June 30, 2002, and the term "the
second year" means the year ending June 30, 2003.
SUMMARY BY FUND
2001 2002 2003 TOTAL
General $206,433,000 $209,098,000 $415,531,000
State Government
Special Revenue 47,000 48,000 95,000
Agriculture 200,000 200,000 400,000
Environmental 23,701,000 24,116,000 47,817,000
Natural
Resources 45,028,000 45,438,000 90,466,000
Game and Fish 78,527,000 80,355,000 158,882,000
Petroleum Tank 3,511,000 3,616,000 7,127,000
Solid Waste 500,000 13,294,000 13,529,000 27,323,000
Metropolitan
Landfill Contingency 1,000,000 -0- 1,000,000
Future Resources
Fund 15,045,000 340,000 15,385,000
Great Lakes
Protection Account 87,000 -0- 87,000
Environment and Natural
Resources Trust Fund 17,310,000 17,310,000 34,620,000
Oil Overcharge 180,000 -0- 180,000
TOTAL $500,000 $404,363,000 $394,050,000 $798,913,000
APPROPRIATIONS
Available for the Year
Ending June 30
2002 2003
Sec. 2. POLLUTION CONTROL
AGENCY
Subdivision 1. Total
Appropriation $52,146,000 $52,250,000
Summary by Fund
General 18,409,000 18,706,000
Petroleum Tank 3,511,000 3,616,000
State Government
Special Revenue 47,000 48,000
Environmental 21,985,000 22,451,000
Solid Waste 500,000 7,194,000 7,429,000
Metropolitan
Landfill Contingency 1,000,000 -0-
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Protection of the Water
16,160,000 16,581,000
Summary by Fund
General 12,369,000 12,590,000
State Government
Special Revenue 47,000 48,000
Environmental 3,744,000 3,943,000
$2,348,000 the first year and
$2,348,000 the second year are for the
clean water partnership program. Any
balance remaining in the first year
does not cancel and is available for
the second year of the biennium.
$2,341,000 the first year and
$2,341,000 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 and the pollution control
agency shall report this information to
the chairs of the legislative
committees with oversight of feedlot
programs. 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. For
each year of the grant, delegated
counties shall be eligible to receive
an amount of either: (1) $50
multiplied by the number of feedlots
with greater than ten animal units as
determined by (i) registration data
under Minnesota Rules, part 7020.0350,
(ii) if registration data are not yet
complete, a level 1 feedlot inventory
conducted in accordance with the
Feedlot Inventory Guidebook published
by the board of water and soil
resources, dated June 1991, or (iii) if
registration or an inventory has not
been completed, 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 (2)
$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. At a minimum, delegated counties
are eligible to receive a grant of
$7,500 per year. To receive the
additional funding that is based on the
county feedlot inventory, the inventory
information shall be current within the
most recent four-year period and 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. Of this
amount, $500,000 each year is a
one-time appropriation.
$328,000 the first year and $335,000
the second year are for community
technical assistance and education,
including grants and technical
assistance to communities for local and
basinwide water quality protection.
$204,000 the first year and $205,000
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 the first year and $200,000
the second year are for individual
sewage treatment system grants. Any
unexpended balance in the first year
does not cancel, but is available in
the second year.
$13,000 the first year and $100,000 the
second year are from the environmental
fund for implementation of the Lake
Superior Lakewide Management Plan
(LaMP). This is a one-time
appropriation and shall be supplemented
the first year by the appropriation
under section 14, subdivision 7,
paragraph (e).
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2003, for clean water
partnership, ISTS, and Minnesota River
grants in this subdivision are
available until June 30, 2005.
Subd. 3. Protection of the Air
7,716,000 7,876,000
Summary by Fund
General 135,000 62,000
Environmental 7,581,000 7,814,000
Up to $150,000 the first year and
$150,000 the second year may be
transferred to the environmental fund
for the small business environmental
improvement loan program established in
Minnesota Statutes, section 116.993.
$200,000 the first year and $200,000
the second year are from the
environmental fund for a monitoring
program under Minnesota Statutes,
section 116.454.
$125,000 the first year and $125,000
the second year are from the
environmental fund for monitoring
ambient air for hazardous pollutants in
the metropolitan area. A summary and
analysis of the results must be
submitted to the chairs of the
legislative committees with
jurisdiction over environmental policy
and finance by January 1, 2003.
Subd. 4. Protection of the Land
10,059,000 10,321,000
Summary by Fund
General 1,258,000 1,265,000
Petroleum Tank 2,218,000 2,270,000
Environmental 2,166,000 2,228,000
Solid Waste 4,417,000 4,558,000
$200,000 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.
Subd. 5. Integrated
Environmental Programs
16,120,000 15,248,000
Summary by Fund
General 2,556,000 2,565,000
Petroleum Tank 1,293,000 1,346,000
Environmental 8,494,000 8,466,000
Solid Waste 2,777,000 2,871,000
Metropolitan
Landfill Contingency 1,000,000 -0-
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, 2003.
$665,000 the first year and $335,000
the second year are from the
environmental fund for increased
monitoring of the water quality of the
upper Mississippi River basin and to
make the resulting water information
more accessible to stakeholders and the
general public. If the appropriation
in either year is insufficient, the
appropriation in the other year is
available for it.
$562,000 the first year and $574,000
the second year are from the petroleum
tank fund for purposes of the leaking
underground storage tank program to
protect the land.
$1,000,000 the first year from the
metropolitan landfill contingency
action trust fund is for grants for
compensation for remediation of
environmental contamination discovered
after issuance by the agency of a
certificate of completion for property
previously owned by the Port Authority
of the city of St. Paul and known as
the Empire Builder property in St.
Paul. This appropriation shall be used
to reimburse those parties that have
incurred cleanup costs at the Empire
Builder site. All claims of the state
of Minnesota for recovery of the
$1,400,000 in response costs against
responsible parties, under Minnesota
Statutes, chapter 115B, or any other
law, are assigned to the Port Authority
of the city of St. Paul. The Port
Authority of the city of St. Paul may
bring any claims, under Minnesota
Statutes, chapter 115B, or any other
law, for recovery of these cleanup
costs incurred by the state of
Minnesota. Recoverable costs also
include administrative, technical, and
legal expenses, including attorney
fees, to the extent provided by law.
Costs recovered by the Port Authority
of the city of St. Paul pursuant to the
assignment of claims, less
administrative, technical, and legal
expenses, including attorney fees,
shall, to the extent available, be
first used to reimburse the state of
Minnesota, up to the amount of the
appropriation. Money recovered for the
state shall be deposited in the
metropolitan landfill contingency
action trust fund. Nothing in this
item of appropriation shall be
construed to modify or otherwise limit
the rights of the Port Authority of the
city of St. Paul to recover cleanup
costs or other costs or damages as
provided by Minnesota Statutes, chapter
115B, or any other law.
Subd. 6. Administrative Support
2,091,000 2,224,000
Subd. 7. Deficiency Appropriation
for FLSA
$500,000 in fiscal year 2001 is from
the solid waste fund for back pay owed
under settlements regarding overtime
under the federal Fair Labor Standards
Act. This appropriation is available
until June 30, 2002.
Sec. 3. OFFICE OF ENVIRONMENTAL
ASSISTANCE 27,648,000 27,792,000
Summary by Fund
General 20,354,000 20,480,000
Environmental 1,294,000 1,312,000
Solid Waste 6,000,000 6,000,000
$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 deposited in the
environmental fund for the metropolitan
solid waste landfill fee in accordance
with Minnesota Statutes, section
473.843, and not otherwise
appropriated, is appropriated to the
office of environmental assistance for
the purposes of Minnesota Statutes,
section 473.844.
$200,000 the first year and $200,000
the second year are for the
environmental assistance revolving
account under Minnesota Statutes,
section 115A.0716, subdivision 3.
The funds appropriated pursuant to Laws
1988, chapter 685, section 43,
including those funds reappropriated in
Laws 1999, chapter 231, section 3, are
available until June 30, 2003.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2003, for environmental
assistance grants awarded under
Minnesota Statutes, section 115A.0716,
and for technical and research
assistance under Minnesota Statutes,
section 115A.152, technical assistance
under Minnesota Statutes, section
115A.52, and pollution prevention
assistance under Minnesota Statutes,
section 115D.04, are available until
June 30, 2004.
$6,000,000 the first year and
$6,000,000 the second year are from the
solid waste fund for mixed municipal
solid waste processing payments under
Minnesota Statutes, section 115A.545.
Sec. 4. ZOOLOGICAL BOARD 7,597,000 7,820,000
Summary by Fund
General 7,445,000 7,668,000
Natural Resources 152,000 152,000
$152,000 the first year and $152,000
the second year are from the natural
resources fund from the revenue
deposited under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(5). This is a one-time appropriation.
Sec. 5. NATURAL RESOURCES
Subdivision 1. Total
Appropriation 234,194,000 238,376,000
Summary by Fund
General 110,726,000 112,671,000
Natural Resources 44,841,000 45,250,000
Game and Fish 78,527,000 80,355,000
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. Land and Mineral Resources Management
7,079,000 7,273,000
Summary by Fund
General 6,500,000 6,679,000
Natural Resources 152,000 156,000
Game and Fish 427,000 438,000
$307,000 the first year and $308,000
the second year are for iron ore
cooperative research, of which $200,000
the first year and $200,000 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.
$370,000 the first year and $372,000
the second year are for mineral
diversification.
$100,000 the first year and $101,000
the second year are for minerals
cooperative environmental research, of
which $50,000 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
12,367,000 12,588,000
Summary by Fund
General 12,093,000 12,308,000
Natural Resources 274,000 280,000
$130,000 the first year and $130,000
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.
$10,000 the first year and $10,000 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.
$625,000 the first year and $650,000
the second year are for activities
associated with the implementation of
the Red River mediation agreement,
including comprehensive watershed
plans; agency interdisciplinary teams
for each watershed, and a basin
repository, including data on flood
flows and water supply; and for grants
to watershed districts located within
the Red River Basin for flood damage
reduction projects under Minnesota
Statutes, section 103F.161.
$250,000 the first year and $250,000
the second year are for the
construction of ring dikes under
Minnesota Statutes, section 103F.161.
The ring dikes may be publicly or
privately owned. Any unencumbered
balance does not cancel at the end of
the first year and is available for the
second year.
The commissioner of natural resources
must not abandon the diversion system
at Currant Lake in Murray county. The
commissioner may develop a management
plan to operate the diversion in a
manner to maintain the water level and
fish habitat in Currant Lake and to
maintain the aquatic vegetation and
waterfowl habitat in Hjermstad State
Wildlife Management Area.
$54,000 the first year is for a grant
to the Lewis and Clark joint powers
board to acquire land, predesign,
design, construct, furnish, and equip a
rural water system to serve
southwestern Minnesota. This
appropriation is available when matched
by $8 of federal money and $1 of local
money for each $1 of state money. This
is a one-time appropriation.
Subd. 4. Forest Management
36,637,000 37,259,000
Summary by Fund
General 36,337,000 36,959,000
Game and Fish 300,000 300,000
$6,000,000 the first year and
$6,000,000 the second year are for
presuppression and suppression costs of
emergency fire fighting and other costs
incurred under Minnesota Statutes,
section 88.12, subdivision 2, related
to search and rescue operations. If
the appropriation for either year is
insufficient to cover all costs of
suppression and search and rescue
operations, the amount necessary to pay
for these costs during the biennium is
appropriated from the general fund. By
November 15 of each year, the
commissioner of natural resources shall
submit a report to the chairs of the
house of representatives ways and means
committee, the senate finance
committee, the environment and
agriculture budget division of the
senate finance committee, and the house
of representatives environment and
natural resources finance committee,
identifying all firefighting costs
incurred and reimbursements received in
the prior fiscal year. The report must
be in a format agreed to by the house
environment finance committee chair,
the senate environment budget division
chair, the department, and the
department of finance. These
appropriations may not be transferred.
Any reimbursement of firefighting
expenditures made to the commissioner
from any source other than federal
mobilizations shall be deposited into
the general fund.
$730,000 the first year and $736,000
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.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2003, for the forest health,
white pine, stewardship, and MnReleaf
grants in this subdivision are
available until June 30, 2004.
$64,000 the first year and $65,000 the
second year are for the focus on
community forests program, to provide
communities with natural resources
technical assistance.
$1,800,000 the first year and
$1,900,000 the second year are to be
used as follows:
(1) $375,000 the first year and
$375,000 the second year are for field
services;
(2) $625,000 the first year and
$625,000 the second year are for timber
sales; and
(3) $800,000 the first year and
$900,000 the second year are for the
forest resources council for
implementation of the Sustainable
Forest Resources Act.
$100,000 the first year is for a
contract to develop and implement a
master logger certification program.
The master logger certification program
must use, to the extent practicable,
existing logger education and training
programs, and must be available to all
loggers in the state. To the extent
possible, the program must be
consistent with other forest
certification programs operating in the
state. The commissioner shall appoint
a committee to provide oversight in the
development and implementation of the
program. The performance and
enforcement standards of the program
must be consistent with the site-level
forest management guidelines developed
under Minnesota Statutes, section
89A.05.
$400,000 the first year and $400,000
the second year are for the FORIST
timber management information system
and for increased forestry management.
$300,000 the first year and $300,000
the second year are from the game and
fish fund for matching grants to
protect native oak forests from oak
wilt. This is a one-time appropriation
and is from revenue deposited to the
game and fish fund under Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1).
Subd. 5. Parks and Recreation
Management
40,295,000 41,218,000
Summary by Fund
General 23,452,000 24,023,000
Natural Resources 16,843,000 17,195,000
$638,000 the first year and $640,000
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.
$4,000,000 the first year and
$4,000,000 the second year are for
payment of a grant to the metropolitan
council for metropolitan area regional
parks maintenance and operations. The
portion of this appropriation allocated
to the Minneapolis park and recreation
board includes money for the Bassett's
Creek trail to connect the Cedar Lake
trail and the Luce Line trail.
$247,000 the first year and $253,000
the second year are for state forest
campground operations.
$4,103,000 the first year and
$4,453,000 the second year are from the
natural resources fund for state park
and recreation area operations and
acquisition. This appropriation is
from the revenue deposited to the
natural resources fund under Minnesota
Statutes, section 297A.94, paragraph
(e), clause (2). Of this amount:
(1) $1,805,000 the first year and
$1,805,000 the second year are to
restore camping and day use in state
parks, make camping available in the
spring and fall, provide maintenance to
the facilities and security for park
visitors, and partially fund winter
operations;
(2) $280,000 the first year and
$290,000 the second year are to fund
state park emergency maintenance
projects;
(3) $413,000 the first year and
$413,000 the second year are to fund
state park resource management
activities;
(4) $185,000 the first year is to fund
the purchase of the campground
manager/point-of-sale system for 28
state parks;
(5) $100,000 the first year and
$100,000 the second year are to make
improvements to the state park Web site
and provide additional state park
informational brochures and more state
park maps;
(6) $50,000 the first year and $50,000
the second year are to replace
computers in the field and regional
office locations according to
department standards;
(7) $75,000 the first year is to
complete master plans for both Big Bog
and Red River state recreation areas;
(8) $600,000 the second year is for
operating costs, including fisheries
management, of the Red River state
recreation area;
(9) $200,000 the first year and
$200,000 the second year are for
operating costs of the Big Bog state
recreation area; and
(10) $995,000 the first year and
$995,000 the second year are for
acquisition of in-holdings for state
parks and recreation areas.
The appropriations in clauses (2) to
(10) are one-time appropriations.
$4,130,000 the first year and
$5,130,000 the second year are from the
natural resources fund for a grant to
the metropolitan council for
metropolitan area regional parks and
trails maintenance and operations.
This appropriation is from the revenue
deposited to the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (3).
$1,000,000 the first year is from the
natural resources fund for a grant to
the city of St. Paul to restore East
Como Lake trail and lakeshore in Como
Park. The money is available until
expended. This appropriation is from
the revenue deposited to the natural
resources fund under Minnesota
Statutes, section 297A.94, paragraph
(e), clause (3).
$25,000 the first year and $25,000 the
second year are for a grant to the city
of Taylors Falls for fire and rescue
operations in support of Interstate
park. * (The preceding text beginning
"$25,000 the first year" was indicated
as vetoed by the governor.)
Subd. 6. Trails and Waterways
Management
19,263,000 19,616,000
Summary by Fund
General 2,053,000 2,083,000
Natural Resources 16,315,000 16,223,000
Game and Fish 895,000 1,310,000
$4,424,000 the first year and
$4,424,000 the second year are from the
snowmobile trails and enforcement
account in the natural resources fund
for snowmobile grants-in-aid.
$600,000 each year is dedicated to the
grant-in-aid system from the snowmobile
trails and enforcement account in the
natural resources fund made available
by the increase to one percent in the
unrefunded gas tax for snowmobile
activity.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2003, for the snowmobile,
all-terrain vehicle, off-highway
vehicle, and off-road vehicle grants in
this subdivision are available until
June 30, 2004.
$259,000 the first year and $261,000
the second year are from the water
recreation account in the natural
resources fund for a safe harbor
program on Lake Superior.
$852,000 the first year and $852,000
the second year are from the natural
resources fund for state trail
operations. This appropriation is from
the revenue deposited to the natural
resources fund under Minnesota
Statutes, section 297A.94, paragraph
(e), clause (2). This is a one-time
appropriation.
$684,000 the first year and $684,000
the second year are from the natural
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. This
appropriation is from the revenue
deposited to the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (4).
This is a one-time appropriation.
The appropriation from the general fund
of $1,400,000 authorized in Laws 1998,
chapter 404, section 7, subdivision 26,
for Skunk Hollow trail in Yellow
Medicine and Chippewa counties is
reappropriated for the purpose of
developing the Minnesota River trail
under Minnesota Statutes, section
85.015, subdivision 22.
$300,000 the first year and $300,000
the second year are from the water
recreation account in the natural
resources fund for preconstruction,
acquisition, and staffing needs for the
Mississippi Whitewater trail authorized
by Minnesota Statutes, section
85.0156. This is a one-time
appropriation.
$150,000 the first year is from the
water recreation account in the natural
resources fund for necessary
improvements and repairs at the Knife
river harbor of refuge and marina.
This appropriation is available until
spent.
$100,000 the first year is from the
water recreation account in the natural
resources fund for an inventory of the
Red River of the North, to make
recommendations to the legislature on
the cost of improvements necessary for
the canoe and boating route on the
river, and for mapping and signing the
lower portion of the river from
Breckenridge to Georgetown.
Subd. 7. Fish Management
27,692,000 28,948,000
Summary by Fund
General 646,000 660,000
Natural Resources 191,000 197,000
Game and Fish 26,855,000 28,091,000
$222,000 the first year and $227,000
the second year are for resource
population surveys in the 1837 treaty
area. Of this amount, $84,000 the
first year and $85,000 the second year
are from the game and fish fund.
$303,000 the first year and $311,000
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.
$666,000 the first year and $671,000
the second year are from the trout and
salmon management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
3.
$205,000 the first year and $207,000
the second year are available for
aquatic plant restoration.
$4,735,000 the first year and
$5,451,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1). This appropriation is
from the revenue deposited to the game
and fish fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(1). Of this amount:
(1) $1,980,000 the first year and
$1,980,000 the second year are to carry
out projects such as installing lake
aeration systems, removing access
barriers for physically disabled
anglers, building fishing piers,
modifying dams, constructing rough fish
barriers, conducting creel surveys,
improving streams, improving spawning
areas, repairing hatcheries and rearing
ponds, stabilizing lake shorelines, and
acquiring aquatic management areas and
trout stream easements; and to provide
field offices with some discretionary
money for local habitat improvements
and restorations in partnership with
local stakeholders and other department
units, for lake and stream surveys and
assessments, and for equipment to do
field projects;
(2) $250,000 the first year and
$250,000 the second year are to provide
more fishing opportunities for children
and other anglers on small lakes and
ponds in the Twin Cities metropolitan
area;
(3) $150,000 the first year and
$150,000 the second year are to protect
and restore aquatic vegetation and
other aquatic habitat in cooperation
with local stakeholders;
(4) $500,000 the first year and
$500,000 the second year are for asset
preservation and improvement of state
fish hatcheries and rearing ponds;
(5) $500,000 the first year and
$500,000 the second year are for
acquisitions of the division of
fisheries' highest priority
acquisitions;
(6) $150,000 the first year and
$150,000 the second year are to
maintain funding for three field
positions to do fish management
activities including fish culture and
stocking, lake and stream monitoring,
and habitat improvement;
(7) $553,000 the first year and
$553,000 the second year are for
accelerated walleye stocking;
(8) $134,000 the first year is for
restoration and aeration of Powderhorn
Lake in Minneapolis;
(9) $850,000 the second year is to make
grants from the stream protection and
improvement loan program under
Minnesota Statutes, section 103G.705;
and
(10) $518,000 the first year and
$518,000 the second year are available
for aquatic plant restoration.
The appropriations in clauses (1),
except for $950,000 each year, (2) to
(5), and (8) to (10) are one-time
appropriations.
The division of fisheries shall provide
a written report to the chairs of the
house and senate natural resources
policy and finance committees by
January 1, 2003, on how the accelerated
walleye stocking money was spent,
including, but not limited to, lakes
that were stocked and the amount of
fry, frylings, or fingerlings stocked.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2003, for the aquatic
restoration grants in this subdivision
are available until until June 30, 2004.
Subd. 8. Wildlife Management
22,948,000 23,521,000
Summary by Fund
General 1,636,000 1,655,000
Game and Fish 21,312,000 21,866,000
$106,000 the first year and $106,000
the second year are for resource
population surveys in the 1837 treaty
area. Of this amount, $26,000 the
first year and $26,000 the second year
are from the game and fish fund.
$552,000 the first year and $565,000
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.
$1,419,000 the first year and
$1,430,000 the second year are from the
wildlife acquisition surcharge account
for only the purposes specified in
Minnesota Statutes, section 97A.071,
subdivision 2a.
$1,245,000 the first year and
$1,269,000 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 $148,000
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).
$699,000 the first year and $708,000
the second year are from the waterfowl
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
2.
$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.
$308,000 the first year and $313,000
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.
$8,000 the first year and $8,000 the
second year are from the game and fish
fund for the wild turkey management
program. This amount shall be included
in the department's base to be
transferred to the wild turkey
management account and is appropriated
for purposes under Minnesota Statutes,
section 97A.075, subdivision 5.
$86,000 the first year and $87,000 the
second year are from the wild turkey
management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
5.
$3,060,000 the first year and
$3,265,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1). This appropriation is
from the revenue deposited to the game
and fish fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(1). Of this amount:
(1) $250,000 the first year and
$250,000 the second year are for
prescribed burning of grassland,
wetland, and forest habitats;
(2) $250,000 the first year and
$225,000 the second year are for
prairie grassland development including
the restoration of native species of
grasses and forbs on public lands and
for the improvement of existing stands
through interseeding and other
practices to improve stand diversity;
(3) $200,000 the first year and
$200,000 the second year are for the
development of forest openings and to
enhance mast production, regenerate
stands, improve thermal cover in order
to maintain healthy sustainable forest
wildlife populations, and improve
wildlife-related recreational
opportunities in forest habitats;
(4) $300,000 the first year and
$225,000 the second year are for
restoration of drained wetland basins
and improvement of existing basins
through water level maintenance and
water control structures to maintain
and improve habitats for wetland
dependent wildlife;
(5) $300,000 the first year and
$300,000 the second year are for the
completion of applied management
research and monitoring projects for
wetlands and forest wildlife
populations;
(6) $95,000 the first year and $400,000
the second year are for the state of
Minnesota to assume management of the
wolf, including monitoring wolf
populations, conducting cooperative
wolf depredation management, conducting
telemetry, and other applied research
and includes funding for a cooperative
agreement for depredation management
with United States Department of
Agriculture Wildlife Services.
$305,000 the second year is only
available if the federal government
finalizes delisting the wolf from
protection under the Endangered Species
Act of 1973;
(7) $125,000 the first year and
$125,000 the second year are for the
shearing and burning of brushland
habitats to maintain and improve high
priority brushland ecosystems on public
and private lands across northern
Minnesota for sharp-tailed grouse,
moose, deer, and many other species
dependent on these areas;
(8) $1,000,000 the first year and
$1,000,000 the second year are for
development and rehabilitation of
wildlife management area lands and
includes boundary surveys and posting,
site cleanup and erosion control,
access development, and appropriate
cover establishment for wildlife
habitat. $945,000 the first year and
$950,000 the second year are available
for grants to local outdoor sports
clubs for habitat improvement projects
on wildlife management area lands;
(9) $35,000 the first year and $35,000
the second year are for waterfowl
development in Canada as authorized in
Minnesota Statutes, section 97A.127;
(10) $30,000 the first year and $30,000
the second year are to provide funds to
match private contributions for the
purpose of completing the capture,
relocation, and monitoring of prairie
chickens being reintroduced in west
central Minnesota; and
(11) $475,000 the first year and
$475,000 the second year are for
statewide technical assistance to
improve wildlife habitats on private
lands, including vegetation
establishment, management, and
stewardship planning, and other
wildlife habitat development and
management techniques.
The appropriations in clauses (1) to
(11) are one-time appropriations.
$13,000 the first year and $13,000 the
second year are to publicize the
critical habitat license plate match
program.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2003, for the wildlife habitat
grants in this subdivision are
available until June 30, 2004.
Subd. 9. Ecological Services
9,882,000 9,058,000
Summary by Fund
General 3,740,000 3,812,000
Natural Resources 1,979,000 2,013,000
Game and Fish 4,163,000 3,233,000
$1,006,000 the first year and
$1,028,000 the second year are from the
nongame wildlife management account in
the natural resources fund for the
purpose of nongame wildlife management.
$254,000 the first year and $259,000
the second year are for population and
habitat objectives of the nongame
wildlife management program.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2003, for the milfoil program
grants in this subdivision are
available until June 30, 2004.
$593,000 the first year and $600,000
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.
$103,000 the first year and $105,000
the second year are for water
monitoring activities, including
integrated monitoring using biology,
chemistry, hydrology, and habitat
assessment for water quality assessment.
$12,000 the first year and $12,000 the
second year are to publicize the tax
donation checkoff to the nongame
wildlife program.
$970,000 the first year is from the
game and fish fund for the wildlife
conservation and restoration program.
This appropriation is for the planning
and implementation of a program that
addresses wildlife conservation and
restoration, wildlife conservation
education, and wildlife associated
recreation.
$1,406,000 the first year and
$1,406,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1). This appropriation is
from the revenue deposited to the game
and fish fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(1). Of this amount:
(1) $650,000 the first year and
$650,000 the second year are to provide
funding for the Minnesota county
biological survey;
(2) $220,000 the first year and
$220,000 the second year are to expand
the field effort of the nongame
wildlife program;
(3) $187,000 the first year and
$187,000 the second year are to upgrade
the management of ecological
information to improve its
accessibility for habitat management
and land use planning activities;
(4) $74,000 the first year and $74,000
the second year are to expand native
prairie stewardship on private lands;
(5) $100,000 the first year and
$100,000 the second year are to develop
educational products that interpret
emerging natural resource research and
management information on river and
stream ecosystems and natural
communities; and
(6) $175,000 the first year and
$175,000 the second year are for
establishing benchmarks for using birds
as ecological indicators of forest
health.
The appropriations in clauses (1) to
(6) are one-time appropriations.
Subd. 10. Enforcement
24,739,000 25,221,000
Summary by Fund
General 3,741,000 3,836,000
Natural Resources 4,682,000 4,696,000
Game and Fish 16,216,000 16,589,000
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.
Notwithstanding Minnesota Statutes,
section 16A.28, appropriations
encumbered under contract on or before
June 30, 2003, for the boat and water
safety program are available until June
30, 2004.
$100,000 the first year and $100,000
the second year are from the solid
waste fund for solid waste enforcement
activities under Minnesota Statutes,
section 116.073.
$315,000 the first year and $315,000
the second year are from the snowmobile
trails and enforcement account in the
natural resources fund for grants to
local law enforcement agencies for
snowmobile enforcement activities.
$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.
$131,000 the first year and $133,000
the second year are for protected class
employee recruitment and retention.
$1,434,000 the first year and
$1,444,000 the second year are from the
heritage enhancement account in the
game and fish fund for only the
purposes specified in Minnesota
Statutes, section 297A.94, paragraph
(e), clause (1). This appropriation is
from the revenue deposited to the game
and fish fund under Minnesota Statutes,
section 297A.94, paragraph (e), clause
(1). Of this amount:
(1) $664,000 the first year and
$664,000 the second year are for the
replacement of necessary equipment;
(2) $170,000 the first year and
$180,000 the second year are to offset
increased fuel costs; and
(3) $600,000 the first year and
$600,000 the second year are for basic
enforcement services including filling
officer vacancies.
The appropriations in clauses (1) to
(3) are one-time appropriations.
Overtime shall be distributed to
conservation officers at historical
levels; however, a reasonable reduction
or addition may be made to the
officer's allocation, if justified,
based on an individual officer's
workload. 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.
$369,000 the first year and $380,000
the second year are in addition to base
for hiring new conservation officers
after January 1, 2001.
$161,000 the first year and $130,000
the second year are from the
all-terrain vehicle account in the
natural resources fund for
administration of the all-terrain
vehicle environmental and safety
education and training program under
Minnesota Statutes, section 84.925.
For fiscal years 1998 to 2002, local
enforcement units may carry forward
unspent snowmobile safety enforcement
grant money. The grant money carried
forward must be spent directly on
identifiable snowmobile safety
activities according to Laws 1997,
chapter 216, section 5, subdivision 8;
Minnesota Statutes, chapter 84; and
Minnesota Rules, chapter 6100. All
grant money carried forward must be
expended by June 30, 2002.
Subd. 11. Operations Support
33,292,000 33,674,000
Summary by Fund
General 20,528,000 20,656,000
Natural Resources 4,405,000 4,490,000
Game and Fish 8,359,000 8,528,000
$413,000 the first year and $418,000
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.
$556,000 the first year and $572,000
the second year are for the community
assistance program to provide for
technical assistance and regional
resource enhancement grants.
$2,538,000 the first year and
$2,595,000 the second year are for the
operations of the youth programs. Of
these amounts, $478,000 the first year
and $491,000 the second year are from
the natural resources fund.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2003, for the metro greenways,
Red River, and community assistance
program grants in this subdivision are
available until June 30, 2004.
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.
$304,000 the first year and $304,000
the second year are from the natural
resources fund for grants to be divided
equally between the city of St. Paul
for the Como Zoo and Conservatory and
the city of Duluth Zoo. This
appropriation is from the revenue
deposited to the natural resources fund
under Minnesota Statutes, section
297A.94, paragraph (e), clause (5).
This is a one-time appropriation.
$199,000 the first year is for grants
to Cook, Lake, and St. Louis counties
for emergency communications
equipment. This appropriation is
available until spent. Of this amount,
$106,000 is for a grant to Cook county
for a communications system upgrade and
development of radio paths along the
north shore of Lake Superior; $47,000
is for a grant to Lake county to
upgrade the existing communications
tower in the Two Harbors area; and
$46,000 is for a grant to St. Louis
county to enhance the emergency
alerting system by installing a
dispatching transmitter in the Crane
Lake area.
Sec. 6. BOARD OF WATER AND
SOIL RESOURCES 19,054,000 18,936,000
$5,480,000 the first year and
$5,268,000 the second year are for
natural resources block grants to local
governments. Of this amount, $50,000
the first year is for a grant to the
North Shore management board, $35,000
the first year is for a grant to the
St. Louis river board, $100,000 the
first year is for a grant to the
Minnesota river basin joint powers
board, and $27,000 the first 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
previous year 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.
$3,967,000 the first year and
$4,037,000 the second year are for
grants to soil and water conservation
districts for general purposes,
nonpoint engineering, and
implementation of the reinvest in
Minnesota (RIM) conservation reserve
program. Upon approval of the board,
expenditures may be made from these
appropriations for supplies and
services benefiting soil and water
conservation districts.
$4,730,000 the first year and
$4,735,000 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, at least
$2,110,000 the first year and
$2,115,000 the second year are for
grants for cost-sharing contracts for
water quality management on feedlots.
$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.
$463,000 the first year and $476,000
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. This appropriation
is available until expended. If the
appropriation in either year is
insufficient, the appropriation in the
other year is available for it.
$100,000 the first year is to reimburse
the town of West Newton in Nicollet
county for costs the town has incurred
in construction of the St. George
community wastewater treatment system
using wetlands to treat wastewater from
23 properties. The reimbursement is
for the cost of installing additional
treatment components that were not part
of the originally planned project and
resulted in excessive costs to
homeowners. The reimbursement must be
used to reduce the bonded indebtedness
of the town of West Newton for the St.
George community wastewater treatment
system.
Sec. 7. MINNESOTA-WISCONSIN
BOUNDARY AREA COMMISSION 194,000 199,000
Summary by Fund
General 159,000 163,000
Natural Resources 35,000 36,000
This appropriation is only available to
the extent it is matched by an equal
amount from the state of Wisconsin.
$35,000 the first year and $36,000 the
second year are from the water
recreation account in the natural
resources fund for the St. Croix
management and stewardship program.
Sec. 8. SCIENCE MUSEUM
OF MINNESOTA 1,300,000 1,300,000
Sec. 9. COMMISSIONER OF AGRICULTURE
Subdivision 1. Total
Appropriation 22,338,000 22,512,000
Summary by Fund
General 21,991,000 22,159,000
Environmental 347,000 353,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Protection Service 11,840,000 12,054,000
Summary by Fund
General 11,493,000 11,701,000
Environmental 347,000 353,000
(a) $1,004,000 the first year and
$1,005,000 the second year are for
continuation of the dairy development
and profitability enhancement grant
program under Laws 1997, chapter 216,
section 7, subdivision 2, and to expand
the program to include additional dairy
business planning and modernization
activities. Grants from this
appropriation for the dairy development
and profitability enhancement programs
(formerly known as the "dairy
diagnostics program") must require
periodic reports to the commissioner on
the aggregate changes in producer
financial stability, productivity,
product quality, animal health,
environmental protection, and other
performance measures attributable to
the program. Information reported to
the commissioner must be sufficient to
establish regional and statewide
performance benchmarks for the dairy
industry.
(b) In designing and implementing the
dairy development and profitability
enhancement program the commissioner
must consult with the dairy leaders
roundtable, appropriate producer and
processor groups, the Minnesota state
colleges and universities system, the
Minnesota extension service, farm
credit services, and other agricultural
lending institutions.
(c) Of the appropriation in paragraph
(a), at least $704,000 the first year
and $705,000 the second year are for
the activities of dairy development and
profitability enhancement teams. The
commissioner must make grants, under
contract, to regional or statewide
organizations qualified to manage the
several components of the program.
Each regional or statewide organization
must designate a coordinator
responsible for overseeing the program
and making required reports to the
commissioner. Dairy development and
profitability enhancement teams are
encouraged to engage in activities
including, but not limited to,
comprehensive financial analysis, risk
management education, enhanced milk
marketing tools and technologies,
five-year business plans, and design
and engineering costs. Up to 40
percent of the appropriation under this
paragraph may be used to provide
producers with technical and
environmental compliance support
services required to implement dairy
environmental quality assurance
practices. A producer is eligible for
support under any program under
paragraphs (a) to (e) for no more than
three consecutive calendar years.
Grants to producers must not be used
for capital improvements or for the
start up of a new dairy enterprise.
(d) Of this amount, up to $300,000 each
year may be used as grants to producers
of up to $5,000 per producer to develop
comprehensive five-year business plans.
(e) The regional and statewide
organizations that deliver the dairy
development and profitability
enhancement program must provide
required reports to the commissioner in
a format that maintains the
confidentiality of business information
related to any single dairy producer.
$347,000 the first year and $353,000
the second year are from the
environmental fund for administrative
funding for the voluntary cleanup
program.
Subd. 3. Agricultural Marketing and Development
5,533,000 5,622,000
Notwithstanding Minnesota Statutes,
section 41A.09, subdivision 3a, the
total payments from the ethanol
development account to all producers
may not exceed $70,892,000 for the
biennium ending June 30, 2003. 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.
$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. Grants may
be made for one year. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under
contract on or before June 30, 2003,
for Minnesota grown grants in this
subdivision are available until June
30, 2004.
$160,000 the first year and $160,000
the second year are for grants to
farmers for demonstration projects
involving sustainable agriculture as
authorized in Minnesota Statutes,
section 17.116. Of the amount for
grants, up to $40,000 may be used for
dissemination of information about the
demonstration projects. Any unspent
balances in the first year carry
forward to the second year.
Notwithstanding Minnesota Statutes,
section 16A.28, the appropriations
encumbered under contract on or before
June 30, 2003, for sustainable
agriculture grants in this subdivision
are available until June 30, 2005.
$125,000 the first year and $125,000
the second year are for operation of
the Minnesota certification program
under Minnesota Statutes, section
17.1025.
$65,000 the first year and $65,000 the
second year are for beaver damage
control grants under Minnesota
Statutes, section 17.110. Any balances
remaining in the first year do not
cancel and are available in the second
year. Notwithstanding Minnesota
Statutes, section 16A.28, the
appropriations encumbered under
contract on or before June 30, 2003,
for beaver control grants in this
subdivision are available until June
30, 2004.
The unobligated balance of the
appropriation for marketing
agricultural products in Laws 1999,
chapter 231, section 11, subdivision 3,
is canceled to the general fund.
$75,000 the first year is for the
commissioners to develop a customer
profile for identity preserved crops.
This is a one-time appropriation and is
available until spent.
$100,000 the first year is for grants
for a cooperative shippers'
association. The purpose of the
shippers' association is to facilitate
agricultural marketing through the
efficient and economical movement of
products from Minnesota origins to
their destinations. Products may
include agricultural commodities and
processed and manufactured agricultural
products. The shippers' association
shall also assist small and
medium-sized producers by providing
services that increase negotiating
power and provide quality
transportation services at a lower cost
than is available to an individual
shipper. The commissioner may award
grants to one or more qualifying
producer shippers' associations that
contract to enter into collaborative
agreements with the departments of
agriculture, trade and economic
development, and transportation; farm
organizations; processors and handlers
of Minnesota agricultural products; and
other appropriate public and private
entities knowledgeable in the
logistical and financial issues
involved in moving agricultural
products to market. Along with other
services, an eligible grant recipient
must agree to provide or arrange for
identity-preserved, single-source
billing and tracking transportation
services from agricultural producers or
processors to destination customers;
freight forwarding; negotiations for
volume contracts; banking and insurance
services; government inspection fee and
documentation services; intermodal
transportation services using sealed
containers; and liaison services with
the United States Department of
Agriculture and the Foreign
Agricultural Service for international
trade and export programs. This is a
one-time appropriation and is available
until spent.
$170,000 is for contracting for trade
marketing specialists or other market
development activities identified by
the commissioner. The trade
specialists must demonstrate thorough
knowledge of Minnesota agricultural
producers and products, and
opportunities for developing or
expanding both broad and niche
agricultural product markets nationally
and internationally. The trade
specialists must coordinate efforts
with market development and trade
experts of the World Trade Conference
Center and other public and private
Minnesota entities involved in
marketing Minnesota products. To the
extent practicable, the trade
specialists must provide specific
assistance to small agricultural
producers and producers that would
benefit from the development of
international markets. This is a
one-time appropriation and is available
until spent.
$160,000 in the first year and $160,000
in the second year are for value-added
agricultural product processing and
marketing grants under Minnesota
Statutes, section 17.101, subdivision
5. Grants may be made for one year.
Any balances remaining in the first
year do not cancel and are available in
the second year. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under
contract on or before June 30, 2003,
for agricultural product processing and
marketing grants in this subdivision
are available until June 30, 2004.
Subd. 4. Administration and
Financial Assistance
4,965,000 4,836,000
$13,000 the first year and $7,000 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
2002 or 2003.
$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.
$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.
$237,000 the first year and $237,000
the second year are for the farm
advocates program.
Notwithstanding Minnesota Statutes,
section 116D.045, $192,000 is to
conduct investigations and an analysis
of environmental issues necessary for
the preparation of an environmental
impact statement for a feedlot expanded
before January 1, 2001, under plans
subsequently challenged under the
environmental review process where an
environmental impact statement has been
ordered by a district court against the
recommendation of the pollution control
agency. These funds may be used for
literature reviews, data collection,
groundwater and surface water
assessments, air quality modeling, and
other relevant analyses. The
commissioner may use this appropriation
for grants, contracts, or interagency
transfers necessary to prepare the
environmental impact statement. The
commissioner shall prepare a report on
the investigations and analysis, which
may be used on a generic basis for the
siting and environmental review of
other feedlots.
A grant made to a political subdivision
from the appropriation in Laws 1998,
chapter 404, section 11, is available
to the political subdivision until June
30, 2003. The commissioner shall not
order that any unobligated balance from
the grant be returned until after that
date.
The balance in the Eurasian wild pigs
account is canceled to the general fund
and the account is abolished.
Sec. 10. BOARD OF ANIMAL HEALTH 3,033,000 2,803,000
$450,000 the first year and $200,000
the second year are for a program to
control paratuberculosis ("Johne's
disease") in domestic bovine herds.
Money from this appropriation may be
used to validate a molecular diagnostic
test in cooperation with the Minnesota
veterinary diagnostic laboratory.
$119,000 the first year and $80,000 the
second year are for a program to
investigate the avian pneumovirus
disease and to identify the infected
flocks. This appropriation must be
matched on a dollar-for-dollar or
in-kind basis with nonstate sources and
is in addition to money currently
designated for turkey disease
research. Costs of blood sample
collection, handling, and
transportation, in addition to costs
associated with early diagnosis tests
and the expenses of vaccine research
trials, may be credited to the match.
Sec. 11. MINNESOTA HORTICULTURAL
SOCIETY 82,000 82,000
Sec. 12. AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE 4,080,000 4,330,000
Summary by Fund
General 3,880,000 4,130,000
Agriculture Fund 200,000 200,000
$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. 13. ACRRA FEE BALANCE
Notwithstanding Minnesota Statutes,
section 16A.1283, or other law, the
commissioner of agriculture shall
adjust fees collected for the
agricultural chemical response and
reimbursement account created under
Minnesota Statutes, section 18E.03,
subdivision 1, as provided in Minnesota
Statutes, section 18E.03, subdivision 3.
Sec. 14. MINNESOTA RESOURCES
Subdivision 1. Total
Appropriation 32,622,000 17,650,000
Summary by Fund
Future Resources
Fund 15,045,000 340,000
Environment and
Natural Resources
Trust Fund 17,310,000 17,310,000
Oil Overcharge
Money in the
Special Revenue Fund 180,000 -0-
Great Lakes
Protection Account 87,000 -0-
Appropriations from the future
resources fund and oil overcharge money
in the special revenue fund 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, 2003, 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) "Great Lakes protection account"
means the Great Lakes protection
account referred to in Minnesota
Statutes, section 116Q.01.
(c) "Trust fund" means the Minnesota
environment and natural resources trust
fund referred to in Minnesota Statutes,
section 116P.02, subdivision 6.
(d) "Oil overcharge money" means the
money referred to in Minnesota
Statutes, section 4.071, subdivision 2.
Subd. 3. Administration 1,142,000 393,000
Summary by Fund
Future Resources
Fund 749,000 -0-
Trust Fund 393,000 393,000
(a) Legislative Commission on Minnesota
Resources
$389,000 of this appropriation is from
the future resources fund and $338,000
the first year and $338,000 the second
year are from the trust fund for
administration as provided in Minnesota
Statutes, section 116P.09, subdivision
5.
(b) Contract Administration
$40,000 of this appropriation is from
the future resources fund and $55,000
the first year and $55,000 the second
year are from the trust fund to the
commissioner of natural resources for
contract administration activities
assigned to the commissioner in this
section. This appropriation is
available until June 30, 2004.
(c) LAWCON administration
$320,000 is from the future resources
fund to the commissioner of natural
resources for administrative expenses
consistent with Minnesota Statutes,
section 116P.14.
Subd. 4. Fish and Wildlife
Habitat 10,042,000 8,238,000
Summary by Fund
Future Resources
Fund 1,805,000 -0-
Trust Fund 8,237,000 8,238,000
(a) Forest and Prairie Stewardship of
Private Lands
$272,000 the first year and $273,000
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 prairie
and forested lands and to implement
natural resource projects by providing
matching money on a one-to-one basis to
private landowners. This appropriation
is available until June 30, 2004, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
(b) State Fish Hatchery Rehabilitation
$145,000 is from the future resources
fund to the commissioner of natural
resources to accelerate hatchery
rehabilitation.
(c) Enhancing Canada Goose
Hunting and Management
$340,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
Minnesota Waterfowl Association to
acquire leases on private farmlands for
foraging sites and public hunting
opportunities and to provide technical
assistance to local units of government
in developing controlled hunts for
nuisance geese.
(d) Biological Control of
Eurasian Water Milfoil and
Purple Loosestrife - Continuation
$45,000 the first year and $45,000 the
second year are from the trust fund to
the commissioner of natural resources
for the fifth biennium of a five
biennia project to develop and
implement biological controls for
Eurasian water milfoil and purple
loosestrife. This appropriation is
available until June 30, 2004, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(e) Restoring Minnesota's
Fish and Wildlife Habitat
Corridors
$5,873,000 the first year and
$5,872,000 the second year are from the
trust fund to the commissioner of
natural resources for acceleration of
agency programs and cooperative
agreements with Minnesota Waterfowl
Association, Minnesota Deer Hunters
Association, Ducks Unlimited, Inc.,
National Wild Turkey Federation,
Pheasants Forever, The Nature
Conservancy, Minnesota Land Trust,
Trust for Public Land, U.S. Fish and
Wildlife Service, Bureau of Indian
Affairs, Natural Resources Conservation
Service, and the U.S. Forest Service to
restore and acquire fragmented
landscape corridors that connect areas
of quality habitat to sustain fish,
wildlife, and plants. $352,000 is for
program coordination, corridor
identification, and mapping.
$3,343,000 is for restoration and
management activities in wildlife
management areas, wetland habitat,
lakes, wild rice beds, grasslands, and
fisheries habitat. $2,650,000 is for
conservation easement programs on
riparian areas, big woods forests,
native prairies, and wetlands.
$5,400,000 is for habitat acquisition
activities on prairies, riparian areas,
and other fish and wildlife habitat
corridors. As part of the required
work program, criteria and priorities
for planned acquisition and restoration
activities must be submitted to the
legislative commission on Minnesota
resources for review and approval.
Land acquired with this appropriation
must be sufficiently improved to meet
at least minimum management standards
as determined by the commissioner of
natural resources. Any land acquired
in fee title by the commissioner of
natural resources with money from this
appropriation must be designated:
(1) as an outdoor recreation unit under
Minnesota Statutes, section 86A.07; or
(2) as provided in Minnesota Statutes,
sections 89.018, subdivision 2,
paragraph (a); 97A.101; 97A.125;
97C.001; and 97C.011.
The commissioner may so designate any
lands acquired in less than fee title.
This appropriation is available until
June 30, 2004, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
(f) Engineering Support for
Public Lands Waterfowl
Projects
$275,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with Ducks
Unlimited, Inc., to provide survey and
engineering support to natural
resources agencies for waterfowl
projects on public lands.
(g) Metro Greenways
$1,365,000 the first year and
$1,365,000 the second year are from the
trust fund to the commissioner of
natural resources for the metro
greenways program for planning,
improving, and protecting important
natural areas in the metropolitan
region through grants, contracted
services, conservation easements, and
fee acquisition. Land acquired with
this appropriation must be sufficiently
improved to meet at least minimum
management standards as determined by
the commissioner of natural resources.
This appropriation is available until
June 30, 2004, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
(h) Acquisition of Lands as
Scientific and Natural Areas
$227,000 the first year and $228,000
the second year are from the trust fund
to the commissioner of natural
resources to acquire land with natural
features of statewide significance in
the scientific and natural area program
long-range plan and to improve land
acquired with this appropriation. Land
acquired with this appropriation must
be sufficiently improved to meet at
least minimum management standards as
determined by the commissioner of
natural resources.
(i) Big Rivers Partnership:
Helping Communities to Restore
Habitat
$455,000 the first year and $455,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with Great
River Greening to implement private and
public habitat projects on a cost-share
basis in the Mississippi and Minnesota
river valleys. This appropriation is
available until June 30, 2004, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(j) Acquisition of
Eagle Creek's Last Private Land
$910,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
city of Savage to acquire a buffer
strip along Eagle Creek for transfer
and dedication as an aquatic management
area. Acquisition expenses incurred
prior to July 1, 2001, may be
reimbursed by the commissioner. Land
acquired with this appropriation must
be sufficiently improved to meet at
least minimum management standards as
determined by the commissioner of
natural resources.
(k) Neighborhood Wilds
Program
$135,000 is from the future resources
fund to the commissioner of natural
resources for the neighborhood wilds
program to assist neighborhoods
adjacent to public lands and natural
areas in restoration and management of
habitat through demonstration
projects. This appropriation is
available until June 30, 2004, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
Subd. 5. Recreation 15,913,000 7,267,000
Summary by Fund
Future Resources
Fund 8,986,000 340,000
Trust Fund 6,927,000 6,927,000
(a) Metropolitan Regional
Parks Acquisition,
Rehabilitation, and Development
$2,823,000 the first and $2,822,000 the
second year are from the trust fund to
the commissioner of natural resources
for an agreement with 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 not be used for the
purchase of residential structures.
This appropriation may be used to
reimburse implementing agencies for
acquisition of nonresidential property
as expressly approved in the work
program. This appropriation is
available until June 30, 2004, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(b) Local Grants Initiative:
Program Outdoor Recreation
Grants
$1,614,000 the first year and
$1,765,000 the second year are from the
trust fund and $1,701,000 is from the
future resources fund to the
commissioner of natural resources for
matching grants:
(1) for regional parks outside the
metropolitan area as defined in
Minnesota Statutes, section 473.121;
(2) for local parks, outdoor recreation
areas, and natural and scenic areas
under Minnesota Statutes, section
85.019;
(3) for statewide conservation partners
grants of up to $20,000 each to
encourage private organizations and
local governments to cost-share
improvements of fish, wildlife, and
native plant habitats and research and
surveys of fish and wildlife; and
(4) for environmental partnerships
program grants of up to $20,000 each
for environmental service projects and
related education activities through
public and private partnerships.
Grants under clause (1) may provide up
to 60 percent of the nonfederal share
of the project cost. Grants under
clauses (2) to (4) may provide up to 50
percent of the nonfederal share of the
project cost. This appropriation
includes money for the
Ramsey-Washington county Lake Links
trail, Westwood Hills nature center,
and the Chanhassen trail.
The commission will monitor the grants
for approximate balance over extended
periods of time between the
metropolitan area, under Minnesota
Statutes, section 473.121, subdivision
2, and the nonmetropolitan area through
work program oversight and periodic
allocation decisions. For the purposes
of this paragraph, the match must be a
nonstate contribution, but may be
either cash or qualifying in kind.
Recipients may receive funding for more
than one project in any given grant
period. This appropriation is
available until June 30, 2004, at which
time the project must be completed and
final products delivered.
(c) Regional and Local Trail
Grants
$1,000,000 is from the future resources
fund to the commissioner of natural
resources for matching trail grants on
a one-to-one basis to local units of
government, under Minnesota Statutes,
section 85.019, for trail linkages
between communities, trails, and parks,
and for locally funded trails of
regional significance outside the
metropolitan area, under Minnesota
Statutes, section 473.121. 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.
(d) Outdoors for Everyone:
Accessing Recreational Trails
and Facilities
$115,000 the first year and $115,000
the second year are from the trust fund
to the commissioner of natural
resources for an agreement with
Wilderness Inquiry to provide technical
assistance to local units of government
for development of publicly funded
trails and outdoor recreation
facilities to ensure that federal
standards for accessibility for persons
with disabilities are met.
(e) Water Recreation: Boat
Access, Fishing Piers, and
Shorefishing
$455,000 the first year and $455,000
the second year are from the trust fund
to the commissioner of natural
resources to acquire and develop public
water access sites statewide, to
construct shorefishing and pier sites,
and to restore shorelands at public
accesses. This appropriation is
available until June 30, 2004, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(f) Grays Bay, Lake
Minnetonka Public Water
Access
$2,000,000 is from the future resources
fund and $850,000 the first year is
from the trust fund to the commissioner
of natural resources to acquire and
develop, in cooperation with the city
of Minnetonka, approximately five acres
for a multiuse water access site on
Grays Bay, Lake Minnetonka.
(g) McQuade Small Craft Harbor
$500,000 is from the future resources
fund to the commissioner of natural
resources to develop a small craft
harbor on Lake Superior in cooperation
with the McQuade Joint Powers Board,
U.S. Army Corps of Engineers, and local
units of government.
(h) Land Acquisition at the
Minnesota Landscape Arboretum
$365,000 the first year and $365,000
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 fourth biennium to
acquire in-holdings of the Minnesota
Landscape Arboretum. This
appropriation must be matched by at
least $730,000 of nonstate money. This
appropriation is available until June
30, 2004, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(i) Gateway Trail Bridge
$530,000 is from the future resources
fund to the commissioner of natural
resources for a trail bridge over state
highway No. 96 and expanded parking.
(j) State Trail Projects
$910,000 is from the future resources
fund to the commissioner of natural
resources to provide matching funds for
state trail projects eligible to
receive federal TEA-21 funds. 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.
(k) Gitchi-Gami State Trail
$500,000 the first year and $500,000
the second year are from the trust fund
to the commissioner of natural
resources, in cooperation with the
Gitchi-Gami Trail Association, for the
second biennium to acquire and develop
approximately four miles of the
Gitchi-Gami state trail between
Gooseberry Falls state park and the
Split Rock river. As a condition of
this appropriation, the commissioner
must apply for federal TEA-21 funds for
funding of this portion of the trail
and must report back to the legislative
commission on Minnesota resources prior
to any expenditure. This appropriation
is available until June 30, 2004, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
(l) Forest History Center
Interpretive Trail
$90,000 is from the future resources
fund to the Minnesota historical
society to design and upgrade trails at
the Forest History Center in Grand
Rapids.
(m) Mesabi Trail Facility
$190,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the St.
Louis and Lake Counties Regional Rail
Authority for the authority to acquire
land and design a Mesabi trail center
building.
(n) Regional Trailhead
Building
$135,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
Itasca county land department to
complete construction of a trailhead
building at Itasca county fairgrounds
to serve regional trail users.
(o) Development and
Rehabilitation of Recreational
Shooting Ranges
$910,000 is from the future resources
fund to the commissioner of natural
resources to provide cost-share grants
on a one-to-one basis to local
recreational shooting clubs for the
purpose of developing or rehabilitating
shooting sports facilities for public
use. Recipient facilities must be open
to the general public at reasonable
times and for a reasonable fee on a
walk-in basis.
(p) State Park and
Recreation Area Acquisition
$205,000 the first year and $905,000
the second year are from the trust fund
and $616,000 is from the future
resources fund to the commissioner of
natural resources for acquisition of
in-holdings for state park and
recreation areas. Land acquired with
this appropriation must be sufficiently
improved to meet at least minimum
management standards as determined by
the commissioner of natural resources.
(q) LAWCON
$404,000 the first year and $340,000
the second year are from the Minnesota
future resources fund to the
commissioner of natural resources for
projects allowed under the federal Land
and Water Conservation Fund Act.
Subd. 6. Water Resources 2,130,000 115,000
Summary by Fund
Future Resources
Fund 2,015,000 -0-
Trust Fund 115,000 115,000
(a) Accelerated
Implementation of Local
Water Plans
$1,365,000 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, sections 103B.3361
to 103B.3369, through the
implementation of high-priority
activities in comprehensive water
management plans on a one-to-one match
basis of cash or interest in land and
for a program reporting system. This
appropriation is available until June
30, 2004, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(b) Green Infrastructure
Design Strategies in
Washington, Ramsey, and
Dakota Counties
$275,000 is from the future resources
fund to the University of Minnesota to
develop green infrastructure design
strategies for incorporation into
public works projects. * (The preceding
text beginning "(b) Green
Infrastructure Design Strategies" was
indicated as vetoed by the governor.)
(c) Denitrification Strategies for
Minnesota's Contaminated Aquifers
$115,000 the first year and $115,000
the second year are from the trust fund
to the University of Minnesota to
assess denitrification technology to
remediate nitrate-contaminated
groundwater. This appropriation is
available until June 30, 2004, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(d) Determination of Fecal
Pollution Sources in Minnesota
Watersheds
$275,000 is from the future resources
fund to the University of Minnesota for
the second biennium to determine
sources of fecal pollution in three
impacted watersheds utilizing DNA
fingerprinting techniques, and evaluate
the efficacy of implemented and
proposed abatement procedures to
remediate fecal contamination.
(e) Mississippi Headwaters
Board: Environmental Economic
Assessments
$100,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
Mississippi headwaters board to
accelerate the river watch watershed
monitoring program and integrate
economic and water data analysis into
decision-making tools for landowners
and local units of government.
Subd. 7. Land Use and
Natural Resource Information 967,000 810,000
Summary by Fund
Future Resources
Fund 70,000 -0-
Trust Fund 810,000 810,000
Great Lakes
Protection Account 87,000 -0-
(a) Hydraulic Impacts of
Quarries and Gravel Pits
$160,000 the first year and $160,000
the second year are from the trust fund
to the commissioner of natural
resources to research and evaluate the
impact of aggregate extraction on
groundwater quality and quantity. This
appropriation is available until June
30, 2004, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(b) GIS Management in
Koochiching County
$70,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with
Koochiching county to develop
parcel-based GIS capability for
Koochiching county for land use,
natural resource, and fiscal data.
(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 second biennium of a
three biennia project to accelerate a
statewide program to update and
digitize outmoded soil surveys in four
southeast Minnesota counties.
Participating counties must provide a
cost share. This appropriation is
available until June 30, 2004, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(d) Minnesota County Biological
Survey - Continuation
$400,000 the first year and $400,000
the second year are from the trust fund
to the commissioner of natural
resources for the eighth 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.
(e) Lake Superior Lakewide
Management Plan (LaMP)
$87,000 the first year is from the
Great Lakes protection account for
implementation of the Lake Superior
Lakewide Management Plan (LaMP). This
is a one-time appropriation and must be
supplemented in the first year by the
appropriation in section 2, subdivision
2.
Subd. 8. Agriculture and
Natural Resource Industries 637,000 103,000
Summary by Fund
Future Resources
Fund 445,000 -0-
Trust Fund 102,000 103,000
Oil Overcharge
Money 90,000 -0-
(a) Evaluating Timber
Harvesting and Forest Management
Guidelines
$200,000 is from the future resources
fund to the University of Minnesota, in
cooperation with the Minnesota forest
resources council, to initiate an
evaluation of the effectiveness of
forest management timber harvesting
guidelines for riparian areas. This is
the first biennium of a five biennia
project. This appropriation is
available until June 30, 2004, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(b) Agricultural Land
Preservation
$102,000 the first year and $103,000
the second year are from the trust fund
to the commissioner of agriculture in
cooperation with Dakota county for
educational materials, training, and
workshops on agricultural land use
planning tools.
(c) Environmental Practices
on Dairy Farms
$245,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
Minnesota Milk Producers Association to
assist dairy producers in complying
with environmental quality regulations.
(d) Accelerated Technology
Transfer for Starch-Based
Plastics
$90,000 is from the oil overcharge
money to the commissioner of
administration for an agreement with
the University of Minnesota to produce
and market biodegradable, starch-based
plastic.
Subd. 9. Energy 90,000 -0-
Summary by Fund
Oil Overcharge
Money 90,000 -0-
Improving Air Quality by
Using Biodiesel in
Generators
$90,000 is from the oil overcharge
money to the commissioner of
administration for an agreement with
the University of Minnesota to evaluate
the use of biodiesel fuel in
diesel-powered generators and
associated impacts of emissions on air
quality.
Subd. 10. Environmental Education 1,701,000 724,000
Summary by Fund
Future Resources
Fund 975,000 -0-
Trust Fund 726,000 724,000
(a) Uncommon Ground: An
Educational Television Series
$228,000 the first year and $227,000
the second year are from the trust fund
to the University of Minnesota for the
second biennium of a two-biennia
project to complete production of a
multipart, televised film series of the
history of Minnesota's natural
landscapes. * (The preceding text
beginning "(a) Uncommon Ground: An
Educational Television Series" was
indicated as vetoed by the governor.)
(b) WaterScapes: Outdoor
Nonpoint Source Pollution
Education
$133,000 the first year and $132,000
the second year are from the trust fund
to the Science Museum of Minnesota to
create outdoor exhibits about urban and
rural runoff and contamination and that
demonstrate methods to improve water
quality. This appropriation must be
matched by at least $265,000 of
nonstate contributions, cash or
in-kind. This appropriation is
available until June 30, 2004, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(c) Sustainable Inner-City
Communities Through Environmental
Literacy
$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
Sabathani Community Center for
collaborative community environmental
education and youth outreach.
(d) Integrated Pest
Management in Schools
$180,000 is from the future resources
fund to the commissioner of agriculture
to implement integrated pest management
(IPM) practices in Minnesota K-12
schools.
(e) Burn, Plant, and Learn:
Restoring Upland Habitats
$115,000 the first year and $115,000
the second year are from the trust fund
to the Science Museum of Minnesota for
acquisition of approximately eight
acres of property adjacent to the St.
Croix watershed research station and
for training programs, technical
assistance, and demonstrations of
upland habitat restoration. This
appropriation is available until June
30, 2004, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(f) Connecting with Wildlife
at the Minnesota Zoo
$230,000 is from the future resources
fund to the Minnesota Zoo to design and
develop interpretive environmental
educational displays for trail exhibit
areas.
(g) Project Green Start:
Environmental Education
$340,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with the
Minnesota Children's Museum to
construct habitat exhibits for
environmental education activities.
(h) Raptor Propagation:
Student Education
$35,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with
Stillwater Area High School to build a
captive breeding facility for raptors
and develop associated education
activities.
(i) Hennepin Parks Farm
Education
$100,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with
suburban Hennepin regional park
district to develop and implement a
coordinated farm education program at
Gale's Woods Special Recreation Area
and North Mississippi Regional Park.
(j) Residential Environmental
Education for Youth
$90,000 is from the future resources
fund to the commissioner of natural
resources for an agreement with Camp
Courage for student scholarships and
marketing for the residential
environmental education program.
Subd. 11. Data Availability
Requirements
(a) During the biennium ending June 30,
2003, 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 geographic
information system guidelines and
standards adopted by the Minnesota
Geographic Data Clearinghouse at the
Land Management Information Center.
These data must be made accessible and
free to the public unless made private
under the Data Practices Act, Minnesota
Statutes, chapter 13.
(b) To the extent practicable, summary
data and results of projects funded
under this section should be readily
accessible on the Internet.
(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. 12. Project Requirements
It is a condition of acceptance of the
appropriations in this section that any
agency or entity receiving the
appropriation must comply with
Minnesota Statutes, chapter 116P, and
vegetation planted must be native to
Minnesota and preferably of the local
ecotype unless the work program
approved by the commission expressly
allows the planting of species that are
not native to Minnesota.
Subd. 13. 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,
2001, are canceled, and in-kind
contributions may not be counted as
matching funds.
Subd. 14. 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, 2001, or the date the
work program is approved, whichever is
later, are eligible for reimbursement
unless otherwise provided in this
section. 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. 15. 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.122, 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. 16. 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.20, and rules adopted thereunder.
The recipient may use the energy
planning and intervention and energy
technologies units of the department of
public service to obtain information
and technical assistance on energy
conservation and alternative energy
development relating to the planning
and construction of the capital
improvement project.
Subd. 17. Accessibility
New structures must be shown to meet
the design standards in the Americans
with Disability 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. 18. Carryforward
(a) The availability of the
appropriations for the following
projects is extended to June 30, 2002:
Laws 1999, chapter 231, section 16,
subdivision 4, paragraph (m), Como Park
campus maintenance; subdivision 6,
paragraph (b), identification of
sediment sources in agricultural
watersheds, paragraph (c), accelerated
statewide local water plan
implementation; subdivision 7,
paragraph (g), Minnesota river basin
initiative; local leadership, paragraph
(h), commercial fertilizer plant for
livestock solid waste processing, and
paragraph (j), wild rice management
planning; subdivision 8, paragraph (b),
tools and training for community-based
planning; subdivision 10, paragraph
(g), by-products application to
agricultural, mineland, and forest
soils; subdivision 11, paragraph (c),
Minnesota wolf public education;
subdivision 12, paragraph (d), Dakota
county wetland health monitoring
program, paragraph (e), predicting
water and forest resources health and
sustainability, and paragraph (f),
potential for infant risk from nitrate
contamination; and subdivision 13,
paragraph (b), national prairie
passage; linking isolated prairie
preserves, paragraph (g), arboretum
land acquisition and wetlands
restoration - continuation.
(b) The availability of the
appropriations for the following
projects is extended to June 30, 2004:
Laws 1999, chapter 231, section 16,
subdivision 4, paragraph (b), Mesabi
trail land acquisition and development -
continuation; and subdivision 11,
paragraph (f), science outreach and
integrated learning on soil.
(c) The availability of the
appropriation in Laws 1999, chapter
231, section 16, subdivision 8,
paragraph (a), resources for
redevelopment: a community property
investigation program, is extended to
June 30, 2002, for additional sites.
(d) The availability of the
appropriation in Laws 1999, chapter
231, section 16, subdivision 9,
paragraph (c), evaluate biodiesel made
from waste fats and oils, is extended
to June 30, 2002, for trial in
heavy-duty vehicles.
(e) The availability of the
appropriation in Laws 1997, chapter
216, section 15, subdivision 4,
paragraph (c), for a proposed trail
between the city of Pelican Rapids and
Maplewood state park, which was
extended by Laws 2000, chapter 488,
article 3, section 7, is canceled.
(f) $250,000 is appropriated from the
future resources fund to provide
matching funds for an ISTEA grant to
the commissioner of natural resources
for pass-through to Ottertail county to
provide easement acquisition and
engineering costs for the Central Lakes
trail between the city of Fergus Falls
and the Douglas county border.
(g) The availability of the
appropriations in Laws 1999, chapter
231, section 16, is extended to June
30, 2002, if an approved work program
submitted before June 30, 2001,
requires an extension of time for
completion of the project due to the
flooding of 2001.
Sec. 15. OFFICE OF STRATEGIC AND
LONG-RANGE PLANNING 75,000 -0-
$75,000 the first year is from the
environmental fund for a plan to
reorganize the state water programs and
functions.
Sec. 16. TRANSFERS OF FUNDS
(a) $408,000 from the conservation fund
in Minnesota Statutes, section 40A.151,
is transferred to the fertilizer
inspection account in the agricultural
fund. $725,000 from the conservation
fund in Minnesota Statutes, section
40A.151, is transferred to the general
fund.
(b)(1) $9,525,000 from the solid waste
fund is transferred to the metropolitan
landfill contingency action trust
fund. $1,071,000 from the solid waste
fund is transferred to the water
quality account in the environmental
fund. $1,160,000 from the solid waste
fund is transferred to the hazardous
waste account in the environmental
fund. $1,725,000 from the solid waste
fund is transferred to the general
fund;
(2) for fiscal years 2003 to 2005,
$604,000 from the solid waste fund
shall be transferred to the water
quality account in the environmental
fund each year and $631,000 from the
solid waste fund shall be transferred
to the hazardous waste account in the
environmental fund each year; and
(3) as permitted by projected available
balances after accounting for the
obligations of the closed landfill
program, up to $3,656,000 from the
solid waste fund shall be transferred
to the metropolitan landfill
contingency action trust fund.
Sec. 17. Minnesota Statutes 2000, section 13.6435,
subdivision 8, is amended to read:
Subd. 8. [DAIRY PRODUCTS.] (a) [REPORTS TO COMMISSIONER
OF AGRICULTURE.] Disclosure of information in reports about
dairy production required to be filed with the commissioner of
agriculture under section 32.19 is governed by that section.
(b) [FINANCIAL AND PRODUCTION DATA.] Financial and
production information obtained by the commissioner of
agriculture to administer chapter 32 are classified under
section 32.71, subdivision 2.
Sec. 18. Minnesota Statutes 2000, section 17.039, is
amended to read:
17.039 [ETHICAL GUIDELINES FOR FARM ADVOCATES.]
The commissioner of agriculture shall establish not later
than August 1, 1986, ethical guidelines for farm advocates who
perform the duties of an advocate. The Ethical guidelines
developed by the commissioner must be part of the contract with
each farm advocate.
Sec. 19. Minnesota Statutes 2000, section 17.101,
subdivision 5, is amended to read:
Subd. 5. [VALUE-ADDED AGRICULTURAL PRODUCT PROCESSING AND
MARKETING GRANT PROGRAM.] (a) For purposes of this section:
(1) "agricultural commodity" means a material produced for
use in or as food, feed, seed, or fiber and includes crops for
fiber, food, oilseeds, seeds, livestock, livestock products,
dairy, dairy products, poultry, poultry products, and other
products or by-products of the farm produced for the same or
similar use, except ethanol; and
(2) "agricultural product processing facility" means land,
buildings, structures, fixtures, and improvements located or to
be located in Minnesota and used or operated primarily for the
processing or production of marketable products from
agricultural commodities produced in Minnesota.
(b) The commissioner shall establish and implement a
value-added agricultural product processing and marketing grant
program to help farmers finance new cooperatives that organize
for the purposes of operating agricultural product processing
facilities, forming marketing cooperatives, and for marketing
activities related to the sale and distribution of processed
agricultural products.
(c) To be eligible for this program a grantee must:
(1) be a cooperative organized under chapter 308A;
(2) certify that all of the control and equity in the
cooperative is from farmers, family farm partnerships, family
farm limited liability companies, or family farm corporations as
defined in section 500.24, subdivision 2, who are actively
engaged in agricultural commodity production;
(3) be operated primarily for the processing of
agricultural commodities produced in Minnesota;
(4) receive agricultural commodities produced primarily by
shareholders or members of the cooperative; and
(5) have no direct or indirect involvement in the
production of agricultural commodities.
(d) The commissioner may receive applications from and make
grants up to $50,000 for feasibility, marketing analysis,
assistance with organizational development, financing and
managing new cooperatives, product development, development of
business and marketing plans, and predesign of facilities
including site analysis, development of bid specifications,
preliminary blueprints and schematics, and completion of
purchase agreements and other necessary legal documents to
eligible cooperatives. The commissioner shall give priority to
applicants who use the grants for planning costs related to an
application for financial assistance from the United States
Department of Agriculture, Rural Business - Cooperative Service.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 20. Minnesota Statutes 2000, section 17.102,
subdivision 3, is amended to read:
Subd. 3. [LICENSE.] A person may not use the Minnesota
grown logo or labeling without an annual license from the
commissioner. The commissioner shall issue licenses for a fee
of $5. The commissioner shall charge a late fee of $10 for
renewal of a license that has expired.
Sec. 21. Minnesota Statutes 2000, section 17.1025, is
amended to read:
17.1025 [MINNESOTA CERTIFICATION PROGRAM.]
Subdivision 1. [MINNESOTA CERTIFICATION PROGRAM
ESTABLISHED.] In cooperation with the University of Minnesota,
the department of trade and economic development, and the board
of animal health, the commissioner shall establish a pilot
program to certify agricultural production methods and
agricultural products grown or processed within the state to
assure the integrity of claims made by participating
businesses. The commissioner may select and cooperate with
private organizations that have established procedures and
safeguards to justify claimed characteristics of the production
process or the final certified product to conduct certification
activities for third party producers.
Subd. 2. [CERTIFICATION PROCESS.] The commissioner may
establish guidelines for the certification program, which are
not subject to chapter 14. The commissioner shall submit a
report on the pilot program to the legislature by February 1,
2001. Applications for certification must be submitted to the
commissioner and must be evaluated by representatives of the
commissioner, the University of Minnesota, the department of
trade and economic development, other state agencies with
regulatory authority or expertise in the subject matter of the
application or in the certification process, and any other
person named by the commissioner.
The commissioner shall make the final certification
decision after the certification group prepares a
recommendation. The application may be accepted, denied, or
returned to the applicant for further action. The
recommendation must be based upon the benefit of the
certification to the producer or processor, the benefit to the
state's agricultural economy, the costs to the state involved in
certification and ongoing monitoring, the quality of internal
and external audit controls to assure compliance with the terms
of the certification, and other factors appropriate to best
benefit the participants and the state.
Subd. 3. [INTELLECTUAL PROPERTY.] The commissioner shall
develop a logo and develop promotional material to best promote
the use of certified products and procedures, and explore and
implement procedures to best use the resources of the Internet
in the promotion and distribution of Minnesota certified
products and processes. To the extent practical, the Minnesota
certification program must be coordinated with the Minnesota
grown program under section 17.102 to accomplish the goals of
both programs.
Subd. 4. [CERTIFICATION REVOCATION OR SUSPENSION;
MISDEMEANOR.] A certification may be revoked or suspended by the
commissioner without hearing if the terms of the certification
are not being followed, the certification has become unused or
obsolete, or the continued use of the certification is contrary
to the interests of the state or the purpose of the
certification program. Use of the certification after
suspension or revocation is a misdemeanor and may also be
enjoined by the commissioner in an action in district court.
Subd. 5. [MINNESOTA CERTIFIED ACCOUNT.] A Minnesota
certified account is created in the agricultural fund. The
commissioner may establish fees in an amount estimated to make
the certification program self-supporting. Fees may be
determined on a case-by-case basis based on the services
provided. All fees and reimbursements collected under this
section must be deposited in the account. Money in the account,
including interest earned, is annually appropriated to the
commissioner to administer the Minnesota certification program.
Subd. 6. [NO GUARANTEE OR WARRANTY.] Certification does
not constitute a guarantee or warranty as to any characteristic
of any product or production process. The state and other
parties involved in the certification decision may not be found
liable for a certification or refusal to certify.
Subd. 7. [EXPIRATION.] This section expires June 30, 2007.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 22. Minnesota Statutes 2000, section 17.109,
subdivision 3, is amended to read:
Subd. 3. [APPROPRIATIONS MUST BE MATCHED BY PRIVATE
FUNDS.] Appropriations to the Minnesota grown matching account
may be expended only to the extent that they are matched with
contributions to the account from private sources on a basis of
$4 of the appropriation to each $1 of private contributions.
Matching funds are not available after the appropriation is
encumbered. For the purposes of this subdivision, "private
contributions" includes, but is not limited to, advertising
revenue, listing fees, and revenues from the development and
sale of promotional materials.
Sec. 23. Minnesota Statutes 2000, section 17.115, is
amended to read:
17.115 [SHARED SAVINGS LOAN PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The commissioner shall
establish a shared savings loan program to provide loans that
enable farmers to adopt best management practices that emphasize
sufficiency and self-sufficiency in agricultural inputs,
including energy efficiency, reduction or improved management of
petroleum and chemical inputs, and increasing the energy
self-sufficiency of production by agricultural producers, and
environmental improvements.
Subd. 2. [LOAN CRITERIA.] (a) The shared savings loan
program must provide loans for purchase of new or used
machinery, and installation of equipment, and for projects that
reduce or make more efficient farm energy use make environmental
improvements or enhance farm profitability. Eligible loan uses
do not include seed, fertilizer, or fuel.
(b) Loans may not exceed $15,000 $25,000 per individual
applying for a loan and may not exceed $75,000 $100,000 for
loans to five four or more individuals on joint projects. The
loan repayment period may be up to seven years as determined by
project cost and energy savings. The interest on the loans is
six percent.
(c) Loans may only be made to residents of this state
engaged in farming.
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 or
inputs; and
(3) reduce production costs increase overall farm
profitability; and
(4) result in environmental benefits.
(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.
Subd. 4. [ADMINISTRATION; INFORMATION DISSEMINATION.] The
amount in the revolving loan account is appropriated to the
commissioner to make loans under this section and administer the
loan program. The interest on the money in the revolving loan
account and the interest on loans repaid to the state may be
spent by the commissioner for administrative expenses. The
commissioner shall collect and disseminate information relating
to projects for which loans are given under this section.
Subd. 5. [FARM MANURE DIGESTER TECHNOLOGY.] Appropriations
in Laws 1998, chapter 401, section 6, must be used for revolving
loans for demonstration projects of farm manure digester
technology. Notwithstanding the limitations of subdivision 2,
paragraphs (b) and (c), loans under this subdivision are
no-interest loans in principal amounts not to exceed $200,000
and may be made to any resident of this state. Loans for one or
more projects must be made only after the commissioner seeks
applications. Loans under this program may be used as a match
for federal loans or grants. Money repaid from loans must be
returned to the revolving fund for future projects.
Sec. 24. Minnesota Statutes 2000, section 17.116, is
amended to read:
17.116 [SUSTAINABLE AGRICULTURE DEMONSTRATION GRANTS.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
agriculture shall establish a grant program for sustainable
agriculture methods that demonstrates best management practices,
including farm input reduction or management, enterprise
diversification including new crops and livestock, farm energy
efficiency, or usable on-farm energy production, or the transfer
of technologies that enhance the environment and farm
profitability. The commissioner shall use the program to
demonstrate and publicize the energy efficiency, environmental
benefit, and profitability of sustainable agriculture techniques
or systems from production through marketing. The grants must
fund research or demonstrations on farms of external input
reduction techniques or farm scale energy production methods
consistent with the program objectives.
Subd. 2. [ELIGIBILITY.] (a) Grants may only be made to
farmers, educational institutions, individuals at educational
institutions, or nonprofit organizations residing or located in
the state for research or demonstrations on farms in the state.
(b) Grants may only be made for projects that show:
(1) the ability to maximize direct or indirect energy
savings or production;
(2) a positive effect or reduced adverse effect on the
environment; and
(3) increased profitability for the individual farm by
reducing costs or improving marketing opportunities.
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, an agricultural
marketing specialist, 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. 25. Minnesota Statutes 2000, section 17.117, is
amended to read:
17.117 [AGRICULTURE BEST MANAGEMENT PRACTICES LOAN
PROGRAM.]
Subdivision 1. [PURPOSE.] The purpose of the agriculture
best management practices loan program is to provide low or no
interest financing to farmers, agriculture supply businesses,
and rural landowners for the implementation of agriculture and
other best management practices that reduce environmental
pollution.
Subd. 2. [AUTHORITY.] The commissioner shall may develop
administrative guidelines specifying criteria, standards, and
procedures for making loans and establish, adopt rules for, and
implement a program to make loans or otherwise provide funds to
local units of government, federal authorities, lending
institutions, and other appropriate organizations who will in
turn provide loans to landowners and businesses for facilities,
fixtures, equipment, or other sustainable best management
practices that prevent or mitigate sources of nonpoint source
water pollution or other adverse environmental impacts. The
commissioner shall establish pilot projects to develop
procedures for implementing the program. The commissioner shall
develop administrative guidelines to implement the pilot
projects specifying criteria, standards, and procedures for
making loans. The agriculture best management practices loan
program must provide a consistent programmatic framework for the
disbursement and administration of funds available to the
commissioner designated to the program for protection of
environmental quality or remediation or mitigation of adverse
environmental impacts. The distribution of loans or funds
through the program must comply with all limitations,
provisions, or requirements of the respective funding sources.
Unless otherwise limited by the funding source, the commissioner
shall manage the program using perpetual revolving fund accounts.
Subd. 3. [APPROPRIATIONS.] Up to $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. In addition, the commissioner may receive
appropriations from the legislature and grants or funds from
other sources for implementation of the program.
Subd. 4. [DEFINITIONS.] (a) For the purposes of this
section, the terms defined in this subdivision have the meanings
given them.
(b) "Agricultural and environmental revolving accounts"
means accounts in the agricultural fund, controlled by the
commissioner, which hold funds available to the program.
(c) "Agriculture supply business" means a person,
partnership, joint venture, corporation, limited liability
company, association, firm, public service company, or
cooperative that provides materials, equipment, or services to
farmers or agriculture-related enterprises.
(d) "Allocation" means the funds awarded to an applicant
for implementation of best management practices through a
competitive or noncompetitive application process.
(a) (e) "Applicant" means a county or a local government
unit designated by a county under subdivision 8, paragraph
(a) local unit of government eligible to participate in this
program that requests an allocation of funds as provided in
subdivision 6b.
(b) "Authority" means the Minnesota public facilities
authority as established in section 446A.03.
(c) (f) "Best management practices" has the meaning given
in sections 103F.711, subdivision 3, and 103H.151, subdivision
2, or other practices, techniques, and measures that have been
demonstrated to the satisfaction of the commissioner to prevent
or reduce adverse environmental impacts by using the most
effective and practicable means of achieving environmental goals.
(d) "Chair" means the chair of the board of water and soil
resources or the designee of the chair.
(e) (g) "Borrower" means an individual a farmer, an
agriculture supply business, or a rural landowner applying for a
low-interest loan.
(f) (h) "Commissioner" means the commissioner of
agriculture, including when the commissioner is acting in the
capacity of chair of the rural finance authority, or the
designee of the commissioner.
(i) "Committed project" means an eligible project scheduled
to be implemented at a future date:
(1) that has been approved and certified by the local
government unit; and
(2) for which a local lender has obligated itself to offer
a loan.
(g) (j) "Comprehensive water management plan" means a state
approved and locally adopted plan authorized under section
103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or 103D.405.
(h) "Local allocation request" means a loan allocation
request from an applicant to implement agriculturally related
best management practices defined in paragraph (c).
(k) "Cost incurred" means expenses for implementation of a
project accrued because the borrower has agreed to purchase
equipment or is obligated to pay for services or materials
already provided as a result of implementing a prior approved
eligible project.
(l) "Farmer" means a person, partnership, joint venture,
corporation, limited liability company, association, firm,
public service company, or cooperative that regularly
participates in physical labor or operations management of
farming and files a Schedule F as part of filing United States
Internal Revenue Service Form 1040 or indicates farming as the
primary business activity under Schedule C, K, or S, or any
other applicable report to the United States Internal Revenue
Service.
(i) (m) "Lender agreement" means a loan agreement entered
into between the commissioner, a local lender, and the
applicant, if different from the local lender. The agreement
will contain terms and conditions of the loan that will include
but need not be limited to general loan provisions, loan
management requirements, application of payments, loan term
limits, allowable expenses, and fee limitations an agreement
entered into between the commissioner and a local lender which
contains terms and conditions of participation in the program.
(j) (n) "Local government unit" means a county, soil and
water conservation district, or an organization formed for the
joint exercise of powers under section 471.59 with the authority
to participate in the program.
(k) (o) "Local lender" means a local government unit as
defined in paragraph (j) (n), a state or federally chartered
bank, a savings association, a state or federal credit
union, Agribank and its affiliated organizations, or a nonprofit
economic development organization or other financial lending
institution approved by the commissioner, or Farm Credit
Services.
(p) "Local revolving loan account" means the account held
by a local government unit and a local lender into which
principal repayments from borrowers are deposited and new loans
are issued in accordance with the requirements of the program
and lender agreements.
(l) (q) "Nonpoint source" has the meaning given in section
103F.711, subdivision 6.
(r) "Program" means the agriculture best management
practices loan program in this section.
(s) "Project" means one or more components or activities
located within Minnesota that are required by the local
government unit to be implemented for satisfactory completion of
an eligible best management practice.
(t) "Rural landowner" means the owner of record of
Minnesota real estate located in an area determined by the local
government unit to be rural after consideration of local land
use patterns, zoning regulations, jurisdictional boundaries,
local community definitions, historical uses, and other
pertinent local factors.
Subd. 5. [USES OF FUNDS.] Use of funds under this section
must be in compliance with the rules and regulations of the
funding source or appropriation. Use of funds from the public
facilities authority must comply with the federal Water
Pollution Control Act, section 446A.07, and eligible activities
listed in the intended use plan authorized in section 446A.07,
subdivision 4.
Subd. 5a. [AGRICULTURAL AND ENVIRONMENTAL REVOLVING
ACCOUNTS.] (a) There shall be established in the agricultural
fund revolving accounts to receive appropriations and money from
other sources. All repayments of loans granted under this
section, including principal and interest, must be deposited
into the appropriate revolving account created in this
subdivision or the account created in subdivision 13. Interest
earned in an account accrues to that account.
(b) The money in the revolving accounts and the account
created in subdivision 13 is appropriated to the commissioner
for the purposes of this section.
Subd. 6. [APPLICATION.] (a) Only the following local
government units may apply for funds under this program:
(1) counties or their designees;
(2) soil and water conservation districts; and
(3) joint power organizations consisting of counties or
their designees or soil and water conservation districts.
(b) A county may submit an application for an allocation.
A county or a group of counties may designate another local
government unit to submit a local allocation request on their
behalf. If a county does not submit an application, and does
not designate another local government unit, a soil and water
conservation district may submit an application for an
allocation. If the local soil and water conservation district
does not submit an application, then an eligible joint powers
organization may submit an application for an allocation. In
all instances, there may be only one application representing
any geographic area. The applicant must coordinate and submit
requests on behalf of other units of government within the
geographic jurisdiction of the applicant.
(a) (c) The commissioner must prescribe forms and establish
an application process for applicants to apply for a local an
allocation request of funds. The application must include but
need not be limited to (1) the geographic area served; (2) the
type and estimated cost of activities or projects for which they
are seeking a loan an allocation; and (3) a ranking
prioritization or targeting of proposed activities or projects;
and (4) the designation of the local lender and lending
practices the local lender intends to use to issue the loans to
the borrowers, if a local lender other than the applicant is to
be used.
(b) (d) If a local allocation request an application is
rejected, the applicant must be notified in writing as to the
reasons for the rejection and given 30 days to submit a revised
application. The revised application shall be reviewed
according to the same procedure used to review the initial
application. Failure of an applicant to be awarded funds does
not constitute a rejection of the application.
Subd. 6a. [REVIEW AND RANKING OF APPLICATIONS.] (a) The
commissioner shall chair the subcommittee established in section
103F.761, subdivision 2, paragraph (b), for purposes of
reviewing and ranking applications and recommending to the
commissioner allocation amounts. The subcommittee consists of
representatives of the departments of agriculture, natural
resources, and health; the pollution control agency; the board
of water and soil resources; the Farm Service Agency and the
Natural Resource Conservation Service of the United States
Department of Agriculture; the Association of Minnesota
Counties; the Minnesota Association of Soil and Water
Conservation Districts; and other agencies or associations the
commissioner determines are appropriate.
(b) The subcommittee must use the criteria in clauses (1)
to (9) as well as other criteria it determines appropriate in
carrying out the review and ranking:
(1) whether the proposed activities are identified in a
comprehensive water management plan or other appropriate local
planning documents as priorities;
(2) the potential that the proposed activities have for
improving or protecting environmental quality;
(3) the extent that the proposed activities support
areawide or multijurisdictional approaches to protecting
environmental quality based on defined watershed or similar
geographic areas;
(4) whether the activities are needed for compliance with
existing environmental laws or rules;
(5) whether the proposed activities demonstrate
participation, coordination, and cooperation between local units
of government and other public agencies;
(6) whether there is coordination with other public and
private funding sources and programs;
(7) whether the applicant has targeted specific best
management practices to resolve specific environmental problems;
(8) past performance of the applicant in completing
projects identified in prior applications and allocation
agreements; and
(9) whether there are off-site public benefits.
Subd. 6b. [ALLOCATION AMOUNT.] (a) The subcommittee
created in subdivision 6a shall recommend to the commissioner
the amount of allocation for each applicant. This allocation
must include:
(1) the amount of repayments received by the commissioner
during the previous year from prior completed projects approved
by the local government unit; and
(2) the amount of funds previously designated to committed
projects.
(b) Within the limits of the funds available to the
commissioner, the subcommittee may recommend an increased
allocation award to the applicant based on:
(1) the ranking of the local government unit application
under subdivision 6a; and
(2) the amount of unallocated or uncommitted funds in, or
that will be received by, the agricultural and environmental
revolving accounts within one year.
(c) Notwithstanding paragraphs (a) and (b), the
commissioner may reserve up to two percent of all funds
appropriated to the agricultural and environmental revolving
accounts to be allocated to applicants that disburse or commit
all of their current allocations or to local lenders who wish to
provide financial assistance.
The commissioner may add, for the purposes of calculating
future allocations under paragraphs (a) and (b), the loan amount
for projects financed from these reserved funds to the
allocation for the respective local government units in which
jurisdiction the project was completed.
Subd. 7. [PAYMENTS TO LOCAL LENDERS.] (a) Payments made
from the water pollution control revolving fund commissioner to
the local lender must be made in accordance with applicable
state and federal laws and rules governing the payments and the
lender agreement.
(b) Payments from the commissioner to the local lender must
be disbursed on a cost-incurred basis. Local lenders shall
submit payment requests at least quarterly but not more than
monthly. Payment requests must be reviewed and approved by the
commissioner. The payment request form must itemize all costs
by major elements and show eligible and ineligible costs. The
request must be made in accordance with requirements and
procedures established by the commissioner. Payment requests
must be reviewed and approved by the commissioner.
(c) The commissioner may initiate recision of an allocation
granted in a lender agreement as provided in subdivision 11,
paragraph (d), if the local lender fails to enter into loans
with borrowers equaling the total allocation granted within one
year from the date of the lender agreement or fails to have the
total amount of allocated funds drawn down through payment
requests within two years. An additional year to draw down the
undisbursed portion of an allocation may be granted by the
commissioner under extenuating circumstances.
Subd. 8. [APPLICANT; BORROWERS ALLOCATION AGREEMENT.] (a)
A county may submit a local allocation request. A county or a
group of counties may designate another local government unit to
submit a local allocation request.
(b) If a county does not submit a local allocation request,
and does not designate another local government unit, a soil and
water conservation district may submit a local allocation
request. In all instances, there may be only one request from a
county. The applicant must coordinate and submit requests on
behalf of other units of government within the geographic
jurisdiction of the applicant. (a) Eligible local government
units with an allocation award may enter into an allocation
agreement with the commissioner and participate in this program.
(b) The allocation agreement must contain terms and
conditions for participation in this program and providing of
funds through this program, including, but not limited to:
program requirements, reporting requirements, project
eligibility and limitations, allowable expenses, limitations,
rescission and cancellation provisions, and the responsibilities
of the commissioner, local government unit, and local lender.
(c) If the commissioner determines that a local government
unit is not in compliance with the terms of the allocation
agreement, the commissioner may rescind all or part of any
allocation awarded through this program.
Subd. 9. [REVIEW AND RANKING OF ALLOCATION REQUESTS
ALLOCATION RESCISSION.] (a) The commissioner shall chair the
subcommittee established in section 103F.761, subdivision 2,
paragraph (b), for purposes of reviewing and ranking local
allocation requests. The rankings must be in order of priority
and shall provide financial assistance within the limits of the
funds available. In carrying out the review and ranking, the
subcommittee must consist of, at a minimum, the chair,
representatives of the pollution control agency, United States
Department of Agricultural Stabilization and Conservation
Service, United States Department of Agriculture Soil
Conservation Service, Association of Minnesota Counties, and
other agencies or associations as the commissioner, the chair,
and agency determine are appropriate. The review and ranking
shall take into consideration other related state or federal
programs.
(b) The subcommittee shall use the criteria listed below in
carrying out the review and ranking:
(1) whether the proposed activities are identified in a
comprehensive water management plan as priorities;
(2) whether the applicant intends to establish a revolving
loan program under subdivision 10, paragraph (b);
(3) the potential that the proposed activities have for
improving or protecting surface and groundwater quality;
(4) the extent that the proposed activities support
areawide or multijurisdictional approaches to protecting water
quality based on defined watershed;
(5) whether the activities are needed for compliance with
existing water related laws or rules;
(6) whether the proposed activities demonstrate
participation, coordination, and cooperation between local units
of government and other public agencies;
(7) whether there is coordination with other public and
private funding sources and programs;
(8) whether there are off-site public benefits such as
preventing downstream degradation and siltation; and
(9) the proposed interest rate. (a) Continued availability
of allocations granted to a local government unit is contingent
upon the commissioner's approval of the local government unit's
annual report. The commissioner shall review this annual report
to ensure that the past and future uses of the funds are
consistent with the comprehensive water management plan, other
local planning documents, the requirements of the funding
source, and compliance to program requirements. If the
commissioner concludes the past or intended uses of the money
are not consistent with these requirements, the commissioner
shall rescind all or part of the allocation awarded to a local
government unit.
(b) The commissioner may rescind funds allocated to the
local government unit that are not designated to committed
projects or disbursed within one year from the date of the
allocation agreement.
(c) An additional year to use the undisbursed portion of an
allocation may be granted by the commissioner under extenuating
circumstances.
Subd. 9a. [AUTHORITY AND RESPONSIBILITIES OF APPLICANTS
THE LOCAL GOVERNMENT UNITS.] Applicants may enter into a lender
agreement designating a local lender. Applicants designating
themselves as the local lender may enter into contracts for loan
review, processing, and servicing. (a) A local government unit
that enters into an allocation agreement with the commissioner:
(1) is responsible for the local administration and
implementation of the program in accordance with this section;
(2) may submit applications for allocations to the
commissioner;
(3) shall identify, develop, determine eligibility, define
and approve projects, designate maximum loan amounts for
projects, and certify completion of projects implemented under
this program. In areas where no local government unit has
applied for funds under this program, the commissioner may
appoint a local government unit to review and certify projects
or the commissioner may assume the authority and responsibility
of the local government unit;
(4) shall certify as eligible only projects that are within
its geographic jurisdiction or within the geographic area
identified in its local comprehensive water management plans or
other local planning documents;
(5) may require withholding by the local lender of all or a
portion of the loan to the borrower until satisfactory
completion of all required components of a certified project;
(6) must identify which account is used to finance an
approved project if the local government unit has allocations
from multiple accounts in the agricultural and environmental
revolving accounts;
(7) shall report to the commissioner annually the past and
intended uses of allocations awarded; and
(8) may request additional funds in excess of their
allocation when funds are available in the agricultural and
environmental revolving accounts, as long as all other
allocation awards to the local government unit have been used or
committed.
(b) If a local government unit withdraws from participation
in this program, the local government unit, or the commissioner
in accordance with the priorities established under subdivision
6a, may designate another local government unit that is eligible
under subdivision 6 as the new local government unit responsible
for local administration of this program. This designated local
government unit may accept responsibility and administration of
allocations awarded to the former responsible local government
unit.
Subd. 9b. [LENDER AGREEMENT.] (a) Any local lender
entering into a lender agreement with the commissioner may
participate in this program.
(b) The lender agreement will contain terms and conditions
for participation in this program and providing funds to the
local lenders, including but not limited to, program
requirements, loan and account management requirements,
payments, repayments, term limits, allowable expenses, fee
limitations, rescission and cancellation provisions, collateral
and security requirements, reporting requirements, review and
appeal procedure for cancellation of the loan agreement or
disqualification as a local lender, and the responsibilities of
the commissioner, local government unit, and local lender.
(c) If the commissioner determines that a local lender is
not in compliance with the terms of the lender agreement, the
commissioner may take the following actions:
(1) disqualifying the local lender as a participating
lender in this program for a period of up to five years from the
date that the commissioner determines noncompliance to the
lender agreement; and
(2) requiring immediate or accelerated repayment of all or
part of all funds provided to the local lender.
(d) Existing lender agreements, executed prior to July 1,
2001, may be amended by mutual consent of all signatory parties,
to comply with this section, to establish a single allocation
agreement that includes the amount of prior allocation awards
and defines the terms and conditions required under subdivision
8, or to modify the amount of allocation awarded.
Subd. 10. [AUTHORITY AND RESPONSIBILITIES OF LOCAL
LENDERS.] (a) Local lenders may enter into lender agreements
with the commissioner.
(b) Local lenders may enter into loan agreements with
borrowers to finance eligible projects under this section.
(c) Local lenders may establish revolving loan programs to
finance projects under this section The local lender shall
notify the local government unit of the loan amount issued to
the borrower after the closing of each loan.
(d) Local lenders with local revolving loan accounts
created before July 1, 2001, may continue to retain and use
those accounts in accordance with their lending agreements for
the full term of those agreements.
(e) Local lenders, including applicants local government
units designating themselves as the local lender, may enter into
participation agreements with other lenders.
(f) Local lenders may also enter into contracts with other
lenders for the limited purposes of loan review, processing and
servicing, or to enter into loan agreements with borrowers to
finance projects under this section. Other lenders entering
into contracts with local lenders under this section must meet
the definition of local lender in subdivision 4, must comply
with all provisions of the lender agreement and this section,
and must guarantee repayment of the loan funds to the local
lender. In no case may there be more than one local lender per
county or more than one revolving fund per county.
(g) When required by the local government unit, a local
lender must withhold all or a portion of the loan disbursement
for a project until notified by the local government unit that
the project has been satisfactorily completed.
(h) The local lender is responsible for repaying all funds
provided by the commissioner to the local lender.
(i) The local lender is responsible for collecting
repayments from borrowers. If a borrower defaults on a loan
issued by the local lender, it is the responsibility of the
local lender to obtain repayment from the borrower. Default on
the part of borrowers shall have no effect on the local lender's
responsibility to repay its obligations to the commissioner
whether or not the local lender fully recovers defaulted amounts
from borrowers.
(j) The local lender shall provide sufficient collateral or
protection to the commissioner for the funds provided to the
local lender. The commissioner must approve the collateral or
protection provided.
Subd. 11. [LOANS ISSUED TO BORROWER ELIGIBILITY; TERMS;
REPAYMENT; RECISION.] (a) Local lenders shall use the following
criteria in addition to other criteria they deem necessary in
determining the eligibility of borrowers for loans:
(1) whether the activity is certified by a local unit of
government may issue loans only for projects that are approved
and certified by the local government unit as meeting priority
needs identified in a comprehensive water management plan and is
or other local planning documents, are in compliance with
accepted practices, standards, specifications, or criteria;
(2) whether the activity is certified as, and are eligible
for financing under Environmental Protection Agency or other
applicable guidelines; and
(3) whether the repayment is assured from the borrower.
(b) The local lender may use any additional criteria
considered necessary to determine the eligibility of borrowers
for loans.
(c) Local lenders shall set the terms and conditions of
loans to borrowers, except that:
(1) no loan to an individual a borrower may exceed $50,000;
(2) no loan for a project may exceed $50,000; and
(3) no borrower shall, at any time, have multiple loans
from this program with a total outstanding loan balance of more
than $50,000. In all instances, local lenders must provide for
sufficient collateral or protection for the loan principal.
They are responsible for collecting repayments by borrowers.
(c) The local lender is responsible for repaying the
principal of a loan to the commissioner. The terms of repayment
will be identified in the lender agreement. If defaults occur,
it is the responsibility of the local lender to obtain repayment
from the borrower. Default on the part of individual borrowers
shall have no effect on the local lender's responsibility to
repay its loan from the commissioner whether or not the local
lender fully recovers defaulted amounts from individual
borrowers. For revolving loan programs established under
subdivision 10, paragraph (c), the lender agreement must provide
that:
(1) repayment of principal to the commissioner must begin
no later than ten years after the date of the lender agreement
and must be repaid in full no later than 20 years after the date
of the lender agreement;
(2) after the initial ten-year period, the local lender
shall not write any additional loans, and any existing principal
balance held by the local lender shall be immediately repaid to
the commissioner;
(3) after the initial ten-year period, all principal
received by the local lender from borrowers shall be repaid to
the commissioner as it is received; and
(4) the applicant shall report to the commissioner annually
regarding the past and intended uses of the money in the
revolving loan program.
(d) Continued availability of the allocation granted in the
lender agreement is contingent upon commissioner approval of the
annual report. The commissioner shall review the annual report
to ensure the past and future uses of the funds are consistent
with the comprehensive water management plan and the lender
agreement. If the commissioner concludes the past or intended
uses of the money are not consistent with the comprehensive
water management plan or the lender agreement, the commissioner
shall rescind the allocation granted under the lender agreement.
Such recision shall result in termination of available
allocation, the immediate repayment of any unencumbered funds
held by the local lender in a revolving loan fund, and the
repayment of the principal portion of loan repayments to the
commissioner as they are received. The lender agreement shall
reflect the commissioner's rights under this paragraph.
(e) A local lender shall receive certification from local
government unit staff that a project has been satisfactorily
completed prior to releasing the final loan disbursement.
(d) The maximum term length for conservation tillage and
individual sewage treatment system projects is five years. The
maximum term length for other projects in this paragraph is ten
years.
(e) Fees charged at the time of closing must:
(1) be in compliance with normal and customary practices of
the local lender;
(2) be in accordance with published fee schedules issued by
the local lender;
(3) not be based on participation program; and
(4) be consistent with fees charged other similar types of
loans offered by the local lender.
(f) The interest rate assessed to an outstanding loan
balance by the local lender must not exceed three percent per
year.
Subd. 11a. [ELIGIBLE PROJECTS.] All projects that
remediate or mitigate adverse environmental impacts are eligible
if:
(1) the project is eligible under the allocation agreement
and funding sources designated by the local government unit to
finance the project; and
(2) manure management projects remediate or mitigate
impacts from facilities with less than 1,000 animal units as
defined in Minnesota Rules, chapter 7020.
Subd. 12. [DATA PRIVACY.] The following data on applicants
local government units, local lenders, or borrowers collected by
the commissioner under this section are private for data on
individuals as provided in section 13.02, subdivision 12, or
nonpublic for data not on individuals as provided in section
13.02, subdivision 9: financial information, including, but not
limited to, credit reports, financial statements, tax returns
and net worth calculations received or prepared by the
commissioner.
Subd. 13. [ESTABLISHMENT OF ACCOUNT.] The public
facilities authority shall establish an account called the
agriculture best management practices revolving fund account to
provide loans and other forms of financial assistance authorized
under section 446A.07. The fund account must be credited with
repayments.
Subd. 14. [FEES AND INTEREST.] (a) Origination fees
charged directly to borrowers by local lenders upon executing a
loan shall not exceed one-half of one percent of the loan
amount. Interest assessed to loan repayments by the local
lender must not exceed three percent.
(b) The local lender shall create a principal account to
which the principal portions of individual borrower loan
repayments will be credited.
(c) Any interest earned on outstanding loan balances not
separated as repayments are received and before the principal
amounts are deposited in the principal account shall be added to
the principal portion of the loan to the local lender and must
be paid to the commissioner when the principal is due under the
lender agreement.
(d) Any interest earned on the principal account must be
added to the principal portion of the loan to the local lender
and must be paid to the commissioner when the principal is due
under the lender agreement.
Subd. 15. [COMMISSIONER'S REPORT.] (a) The commissioner
and chair shall prepare and submit a report to the house of
representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture by October 15 of
each odd-numbered year.
(b) The report shall include, but need not be limited to,
matters such as loan allocations and uses, the extent to which
the financial assistance is helping implement local water and
other environmental planning priorities, the integration or
coordination that has occurred with related programs, and other
matters deemed pertinent to the implementation of the program.
Subd. 16. [LIENS AGAINST PROPERTY.] (a) Unless a county
determines otherwise, at the time of the disbursement of funds
on a loan to a borrower under this section, the principal
balance due plus accrued interest on the principal balance as
provided by this section becomes a lien in favor of the county
making the loan upon the real property on which the project is
located. The lien must be first and prior to all other liens
against the property, including state tax liens, whether filed
before or after the placing of a lien under this subdivision,
except liens for special assessments by the county under
applicable special assessments laws, which liens shall be of
equal rank with the lien created under this subdivision. A lien
in favor of the county shall be first and prior as provided in
this subdivision only if the county making the loan gives
written notice of the intent to make the loan under this
subdivision to all other persons having a recorded interest in
the real property subject to the lien, no less than 30 days
prior to the disbursement of the funds, and receives an
agreement to subordinate superior lien positions held by all
other lenders having a recorded interest in the real property
subject to the lien. This lien and subordination agreement must
be recorded against the real estate in the county recorder's
office or filed with the registrar of titles for the county or
counties in which the property is located. The county may bill
amounts due on the loan on the tax statement for the property.
Enforcement of the lien created by this subdivision shall, at
the county's option, be in the manner set forth in chapter 580
or 581. When the amount due plus interest has been paid, the
county shall file a satisfaction of the lien created under this
subdivision. The amount of loans and accruing interest made by
counties acting as local lenders under this section is a lien
against the real property for which the improvement was made and
must be assessed against the property or properties benefited
unless the amount is prepaid. An amount loaned under the
program and its accruing interest assessed against the property
is a priority lien only against subsequent liens.
(b) The county may bill amounts due on the loan on the tax
statement for the property. Enforcement of the lien created by
this subdivision must, at the county's option, be in the manner
set forth in chapter 580 or 581. When the amount due and all
interest has been paid, the county shall file a satisfaction of
the lien created under this subdivision.
(b) (c) A county may also secure amounts due on a loan
under this section by taking a purchase money security interest
in equipment in accordance with chapter 336, article 9, and may
enforce the purchase money security interest in accordance with
chapters 336, article 9, and 565.
Subd. 17. [REFERENDUM EXEMPTION.] For the purpose of
obtaining a loan from the commissioner, a local government unit
acting as a local lender may provide to the commissioner its
general obligation note. All obligations incurred by a local
government unit in obtaining a loan from the commissioner must
be in accordance with chapter 475, except that so long as the
obligations are issued to evidence a loan from the commissioner
to the local government unit, an election is not required to
authorize the obligations issued, and the amount of the
obligations shall not be included in determining the net
indebtedness of the local government unit under the provisions
of any law or chapter limiting the indebtedness.
Sec. 26. Minnesota Statutes 2000, 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 agricultural
fund and credited to the Eurasian wild pigs account and are
appropriated to the commissioner for the purposes of this
section general fund.
Sec. 27. Minnesota Statutes 2000, section 17.53,
subdivision 2, is amended to read:
Subd. 2. [AGRICULTURAL COMMODITY.] (a) Except as provided
in paragraph (b), "agricultural commodity" means any
agricultural product, including, without limitation, animals and
animal products, grown, raised, produced, or fed within
Minnesota for use as food, feed, seed, or any industrial or
chemurgic purpose.
(b) For wheat and, barley, and cultivated wild
rice, "agricultural commodity" means wheat and, barley, and
cultivated wild rice including, without limitation, wheat and,
barley, and cultivated wild rice grown or produced within or
outside Minnesota, for use as food, feed, seed, or any
industrial or chemurgic purpose.
Sec. 28. Minnesota Statutes 2000, section 17.53,
subdivision 8, is amended to read:
Subd. 8. [FIRST PURCHASER.] (a) Except as provided in
paragraph (b), "first purchaser" means any person that buys
agricultural commodities for movement into commercial channels
from the producer; or any lienholder, secured party or pledgee,
public or private, or assignee of said lienholder, secured party
or pledgee, who gains title to the agricultural commodity from
the producer as the result of exercising any legal rights by the
lienholder, secured party, pledgee, or assignee thereof,
regardless of when the lien, security interest or pledge was
created and regardless of whether the first purchaser is
domiciled within the state or without. "First purchaser" does
not mean the commodity credit corporation when a commodity is
used as collateral for a federal nonrecourse loan unless the
commissioner determines otherwise.
(b) For wheat and, barley, and cultivated wild rice, "first
purchaser" means a person who buys, receives delivery of, or
provides storage for the agricultural commodity from a producer
for movement into commercial channels; or a lienholder, secured
party, or pledgee, who gains title to the agricultural commodity
from the producers as the result of exercising any legal rights
by the lienholder, secured party, pledgee, or assignee,
regardless of when the lien, security interest, or pledge was
created and regardless of whether or not the first purchaser is
domiciled in the state. "First purchaser" does not mean the
commodity credit corporation when the wheat or, barley, or
cultivated wild rice is used as collateral for a federal
nonrecourse loan unless the commissioner determines otherwise.
Sec. 29. Minnesota Statutes 2000, section 17.53,
subdivision 13, is amended to read:
Subd. 13. [PRODUCER.] (a) Except as provided in paragraph
(b), "producer" means any person who owns or operates an
agricultural producing or growing facility for an agricultural
commodity and shares in the profits and risk of loss from such
operation, and who grows, raises, feeds or produces the
agricultural commodity in Minnesota during the current or
preceding marketing year.
(b) For wheat and, barley, and cultivated wild
rice, "producer" means in addition to the meaning in paragraph
(a) and for the purpose of the payment or the refund of the
checkoff fee paid pursuant to sections 17.51 to 17.69 only, a
person who delivers into, stores within, or makes the first sale
of the agricultural commodity in Minnesota.
Sec. 30. Minnesota Statutes 2000, section 17.63, is
amended to read:
17.63 [REFUND OF FEES.]
(a) Any producer, except a producer of potatoes in area
number one, as listed in section 17.54, subdivision 9, a
producer of wheat or barley, or a producer of paddy cultivated
wild rice, may, by the use of forms to be provided by the
commissioner and upon presentation of such proof as the
commissioner requires, have the checkoff fee paid pursuant to
sections 17.51 to 17.69 fully or partially refunded, provided
the checkoff fee was remitted on a timely basis. The request
for refund must be received in the office of the commissioner
within the time specified in the promotion order following the
payment of the checkoff fee. In no event shall these requests
for refund be accepted more often than 12 times per year.
Refund shall be made by the commissioner and council within 30
days of the request for refund provided that the checkoff fee
sought to be refunded has been received. Rules governing the
refund of checkoff fees for all commodities shall be formulated
by the commissioner, shall be fully outlined in the promotion
order, and shall be available for the information of all
producers concerned with the referendum.
(b) The commissioner must allow partial refund requests
from corn producers who have checked off and must allow for
assignment of payment to the Minnesota corn growers association
if the Minnesota corn research and promotion council requests
such action by the commissioner.
(c) The Minnesota corn research and promotion council shall
not elect to impose membership on any individual producer not
requesting a partial refund or assignment of payment to the
association.
(d) For any wheat or, barley, or cultivated wild rice for
which the checkoff fee must be paid pursuant to sections 17.51
to 17.69 and for which a checkoff fee or fee that serves a
comparable purpose in a jurisdiction outside Minnesota had been
previously paid for the same wheat or, barley, or cultivated
wild rice, the producer of the wheat or, barley, or cultivated
wild rice is exempt from payment of the checkoff fee. The
commissioner, in consultation with the wheat research and
promotion council and, barley research and promotion
council, and cultivated wild rice research and promotion
council, shall determine jurisdictions outside of Minnesota
which collect a checkoff fee or fee that serves a comparable
purpose. In order to qualify for the exemption, the producer
must demonstrate to the first purchaser that a checkoff fee or
fee has been paid to such a jurisdiction.
Sec. 31. Minnesota Statutes 2000, section 17.85, is
amended to read:
17.85 [LABORATORY SERVICES ACCOUNT.]
Subdivision 1. [ACCOUNT.] A laboratory services account is
established in the agricultural fund. Payments for laboratory
services performed by the laboratory services division of the
department of agriculture must be deposited in the 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.
Subd. 2. [AGRICULTURE LABORATORY.] The agriculture
laboratory exists to provide analytical and technical services
in support of agency programs that protect and enhance the
states' agriculture, environment, and food chain. The
laboratory may provide analytical and technical services for a
fee to any public or private entity as requested or required to
meet department objectives in support of Minnesota agriculture
and a national food safety system.
Sec. 32. Minnesota Statutes 2000, section 17A.03,
subdivision 7, is amended to read:
Subd. 7. [LIVESTOCK DEALER.] "Livestock dealer" means any
person, including a packing company, engaged in the business of
buying or selling livestock on a regular basis for the person's
own account or for the account of others.
"Livestock dealer" does not include:
(a) persons licensed under section 28A.04 who are primarily
engaged in the sale of meats at retail and persons operating as
frozen food processing plants as defined in section 31.185; and
(b) persons engaged in the business of farming, when
purchasing livestock for breeding or herd replacement purposes
or feeding programs, and when selling the livestock they have
owned and raised, fed out or fattened for slaughter in their
specific farming program.
Sec. 33. Minnesota Statutes 2000, 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 17B.22, 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.
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 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. 34. Minnesota Statutes 2000, section 18B.01, is
amended by adding a subdivision to read:
Subd. 26a. [SCHOOL PEST MANAGEMENT COORDINATOR.] "School
pest management coordinator" means a person employed by a
Minnesota kindergarten through 12th grade public school who is
responsible for the school's pest management plans and
implementation of pest management at the school, including the
application of pesticides to the inside or outdoor property of
the school.
[EFFECTIVE DATE.] This section is effective January 1, 2002.
Sec. 35. Minnesota Statutes 2000, section 18B.065,
subdivision 5, is amended to read:
Subd. 5. [WASTE PESTICIDE COLLECTION ACCOUNT;
APPROPRIATION.] A waste pesticide account is established in
the state treasury agricultural fund. Assessments collected
under subdivision 2 shall be deposited in the state treasury and
credited to the waste pesticide account. Money in the account
is appropriated to the commissioner to pay for costs incurred to
implement the waste pesticide collection program.
Sec. 36. [18B.095] [PESTICIDE APPLICATION IN SCHOOLS.]
Subdivision 1. [AUTHORIZED APPLICATORS.] To the extent
authorized under this chapter, application of a pesticide to the
inside or outdoor property of a Minnesota kindergarten through
12th grade public school must be performed by a:
(1) structural pest control applicator;
(2) commercial or noncommercial pesticide applicator with
appropriate use category certification; or
(3) school pest management coordinator or a school employee
with school pest management knowledge.
Subd. 2. [EXEMPTION.] Pesticides determined by the
commissioner to be sanitizers or disinfectants are exempt from
subdivision 1.
Subd. 3. [REGISTRY AND INFORMATION.] The commissioner, in
consultation with the departments of health; administration; and
children, families, and learning; the University of Minnesota
Extension Service; the Minnesota School Boards Association; and
other persons as necessary and appropriate, must:
(1) establish and maintain a registry of school pest
management coordinators; and
(2) provide information on a regular and periodic basis to
school pest management coordinators on pest management
techniques and programs, including model school policies; proper
pesticide use, storage, handling, and disposal; and other
relevant pesticide and pest management information.
[EFFECTIVE DATE.] This section is effective August 1, 2002.
Sec. 37. [18B.345] [PESTICIDE APPLICATION ON GOLF
COURSES.]
(a) Application of a pesticide to the property of a golf
course must be performed by:
(1) a structural pest control applicator;
(2) a commercial or noncommercial pesticide applicator with
appropriate use certification; or
(3) an aquatic pest control applicator.
(b) Pesticides determined by the commissioner to be
sanitizers and disinfectants are exempt from the requirements in
paragraph (a).
[EFFECTIVE DATE.] This section is effective January 1, 2002.
Sec. 38. Minnesota Statutes 2000, section 18E.04,
subdivision 2, is amended to read:
Subd. 2. [PAYMENT OF CORRECTIVE ACTION COSTS.] (a) On
request by an eligible person, the board may pay the eligible
person for the reasonable and necessary cash disbursements for
corrective action costs incurred by the eligible person as
provided under subdivision 4 if the board determines:
(1) the eligible person pays the first $1,000 of the
corrective action costs;
(2) the eligible person provides the board with a sworn
affidavit and other convincing evidence that the eligible person
is unable to pay additional corrective action costs;
(3) the eligible person continues to assume responsibility
for carrying out the requirements of corrective action orders
issued to the eligible person or that are in effect; and
(4) the incident was reported as required in chapters 18B,
18C, and 18D.; and
(5) the eligible person submits an application for payment
or reimbursement to the department within three years of (i)
incurring eligible corrective action costs, or (ii) approval of
a corrective action report, whichever is later.
(b) The eligible person must submit an application for
payment or reimbursement of eligible cost incurred prior to the
effective date of this subdivision no later than June 1, 2004.
(b) (c) An eligible person is not eligible for payment or
reimbursement and must refund amounts paid or reimbursed by the
board if false statements or misrepresentations are made in the
affidavit or other evidence submitted to the commissioner to
show an inability to pay corrective action costs.
(c) (d) The board may pay the eligible person and one or
more designees by multiparty check.
Sec. 39. Minnesota Statutes 2000, section 18E.04,
subdivision 4, is amended to read:
Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay
a person that is eligible for reimbursement or payment under
subdivisions 1, 2, and 3 from the agricultural chemical response
and reimbursement account for:
(1) 90 percent of the total reasonable and necessary
corrective action costs greater than $1,000 and less than or
equal to $100,000 $200,000;
(2) 100 percent of the total reasonable and necessary
corrective action costs greater than $100,000 but less than or
equal to $200,000;
(3) 80 percent of the total reasonable and necessary
corrective action costs greater than $200,000 but less than or
equal to $300,000; and
(4) (3) 60 percent of the total reasonable and necessary
corrective action costs greater than $300,000 but less than or
equal to $350,000.
(b) A reimbursement or payment may not be made until the
board has determined that the costs are reasonable and are for a
reimbursement of the costs that were actually incurred.
(c) The board may make periodic payments or reimbursements
as corrective action costs are incurred upon receipt of invoices
for the corrective action costs.
(d) Money in the agricultural chemical response and
reimbursement account is appropriated to the commissioner to
make payments and reimbursements directed by the board under
this subdivision.
(e) The board may not make reimbursement greater than the
maximum allowed under paragraph (a) for all incidents on a
single site which:
(1) were not reported at the time of release but were
discovered and reported after July 1, 1989; and
(2) may have occurred prior to July 1, 1989, as determined
by the commissioner.
(f) The board may only reimburse an eligible person for
separate incidents within a single site if the commissioner
determines that each incident is completely separate and
distinct in respect of location within the single site or time
of occurrence.
Sec. 40. Minnesota Statutes 2000, section 18E.04,
subdivision 5, is amended to read:
Subd. 5. [REIMBURSEMENT OR PAYMENT DECISIONS.] (a) The
board may issue a letter of intent on whether a person is
eligible for payment or reimbursement. The letter is not
binding on the board.
(b) The board must issue an order granting or denying a
request within 30 days following the board meeting at which the
board votes to grant or deny a request for reimbursement or for
payment under subdivision 1, 2, or 3.
(c) After an initial request is made for reimbursement,
notwithstanding subdivisions 1 to 4, the board may deny
additional requests for reimbursement.
(d) An eligible person adversely affected by the board's
disapproval of a reimbursement or payment application under
paragraph (b) or a partial reimbursement under subdivision 3
may, within 60 days of receipt of the board's order, request a
hearing of determination before the board. A request for a
hearing must be made in writing and specify the grounds for the
request.
(e) Within 30 days of the receipt of a request for hearing
under paragraph (d), the eligible person must be notified either
as to the date of the hearing for determination or of the denial
of the request for a hearing. A hearing must be scheduled
immediately following the next regularly scheduled board meeting
as determined by the notification letter.
(f) If a dispute related to the disapproval of a
reimbursement is not resolved after a hearing under paragraph
(e) or if a request is denied, the eligible person may appeal
the decision as a contested case hearing under chapter 14. A
request for a contested case hearing must be submitted in
writing to the board within 30 days of the date of the hearing
or within 30 days of the receipt of notification of denial of
the hearing request under paragraph (e).
Sec. 41. Minnesota Statutes 2000, section 21.85,
subdivision 12, is amended to read:
Subd. 12. [SERVICE TESTING AND IDENTIFICATION.] The
commissioner shall provide for purity and germination tests of
seeds and identification of seeds and plants for farmers,
dealers, and others, and may establish and collect fees for
testing and identification shall establish schedules to recover
the cost of services provided. Money collected must be
deposited in the laboratory services account in the agricultural
fund.
Sec. 42. Minnesota Statutes 2000, section 27.041,
subdivision 2, is amended to read:
Subd. 2. [LICENSES.] (a) The license, or a certified copy
of the license, must be kept posted in the office of the
licensee at each place within the state where the licensee
transacts business. A wholesale produce dealer may not appoint,
delegate, or authorize a person, firm, or company to purchase
produce unless a certified copy, identification card, or truck
decal has been issued at the request of the wholesale produce
dealer to that person, firm, or company acting as the buyer or
agent.
(b) A license expires June 30 following its issuance and
must be renewed July 1 of each year.
(c) A license issued under this subdivision is
automatically void upon the termination of the surety bond
covering the licensed operation.
(d) The fee for each license must include a $50 $75
registration fee and an additional fee of .025 .045 percent of
the total annual dollar amount of produce purchased the previous
year from sellers within the state of Minnesota subject to this
chapter. Fees may not exceed $1,500 $2,000 per license. In
addition, a fee of $20 shall be charged for each certified copy
of a license, $5 for each license identification card, and $10
for each license identification truck decal.
(e) A penalty amounting to ten percent of the fees due may
be imposed by the commissioner for each month for which the fees
are delinquent.
(f) A licensee who sells, disposes of, or discontinues the
licensee's business during the lifetime of a license shall, at
the time the action is taken, notify the commissioner in
writing, and upon demand produce before the commissioner a full
statement of all assets and liabilities as of the date of
transfer or discontinuance of the business.
Sec. 43. Minnesota Statutes 2000, section 28A.04,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION; DATE OF ISSUANCE.] (a) No
person shall engage in the business of manufacturing,
processing, selling, handling, or storing food without having
first obtained from the commissioner a license for doing such
business. Applications for such license shall be made to the
commissioner in such manner and time as required and upon such
forms as provided by the commissioner and shall contain the name
and address of the applicant, address or description of each
place of business, and the nature of the business to be
conducted at each place, and such other pertinent information as
the commissioner may require.
(b) A retail or wholesale food handler license shall be
issued for the period July 1 to June 30 following and shall be
renewed thereafter by the licensee on or before July 1 each
year, except that licenses for all mobile food concession units
and retail mobile units shall be issued for the period April 1
to March 31, and shall be renewed thereafter by the licensee on
or before April 1 each year. A license for a food broker or for
a food processor or manufacturer shall be issued for the period
January 1 to December 31 following and shall be renewed
thereafter by the licensee on or before January 1 of each year,
except that a license for a wholesale food processor or
manufacturer operating only at the state fair shall be issued
for the period July 1 to June 30 following and shall be renewed
thereafter by the licensee on or before July 1 of each year. A
penalty for a late renewal shall be assessed in accordance with
section 28A.08.
(c) A person applying for a new license up to 14 calendar
days before the effective date of the new license period under
paragraph (b) must be issued a license for the 14 days and the
next license year as a single license and pay a single license
fee as if the 14 days were part of the upcoming license period.
Sec. 44. Minnesota Statutes 2000, 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 must enter into agreements before January 1,
2001, with local boards of health to delegate 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. At the request of a local board of
health that licensed and inspected part of any grocery or
convenience store on January 1, 1999, the commissioner must
enter into agreements before July 1, 2001, with local boards of
health to delegate 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.
At any time thereafter, the commissioner may enter into an
agreement with a local board of health that licensed and
inspected all or part of any grocery or convenience store on
January 1, 1999, to delegate 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.
(c) A fee to recover the estimated costs of enforcement of
this chapter must be established by ordinance and must be fair,
reasonable, and proportionate to the actual cost of the
licensing and inspection services. The fee must only be
maintained and used for the estimated costs of enforcing this
chapter.
Sec. 45. Minnesota Statutes 2000, section 28A.0752,
subdivision 1, is amended to read:
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.
Sec. 46. [28A.082] [FOOD HANDLER PLAN REVIEW FEES.]
Subdivision 1. [FEES; APPLICATION.] The fees for review of
food handler facility floor plans under the Minnesota Food Code
are based upon the square footage of the structure being newly
constructed, remodeled, or converted. The fees for the review
shall be:
square footage .. review fee
0 - 4,999 .......... $156.25
5,000 - 24,999 ..... $218.75
25,000 plus ........ $343.75
The applicant must submit the required fee, review
application, plans, equipment specifications, materials lists,
and other required information on forms supplied by the
department at least 30 days prior to commencement of
construction, remodeling, or conversion.
Subd. 2. [FOOD HANDLER PLAN REVIEW ACCOUNT;
APPROPRIATION.] A food handler plan review account is created in
the agricultural fund. Fees paid under subdivision 1 must be
deposited in the food handler plan review account. Money in the
account, including interest accrued, is appropriated to the
commissioner for the costs of the food handler plan review
program.
Sec. 47. Minnesota Statutes 2000, section 28A.085,
subdivision 4, is amended to read:
Subd. 4. [DEPOSIT FOOD HANDLER REINSPECTION ACCOUNT;
APPROPRIATION.] A food handler reinspection account is
established in the agricultural fund. All reinspection fees and
assessments collected must be deposited in the state treasury
and are credited to an account in the special revenue fund the
food handler reinspection account. Money in the account,
including interest accrued, is appropriated to the commissioner
to pay the expenses relating to reinspections conducted under
the chapters listed in subdivision 1.
Sec. 48. Minnesota Statutes 2000, section 29.22,
subdivision 2, is amended to read:
Subd. 2. [FEE.] In addition to the annual food handler's
license, required under section 28A.04, there is an annual
inspection fee applicable to every person who engages in the
business of buying for resale, selling, or trading in eggs
except a retail grocer who sells eggs previously candled and
graded. The fee must be computed on the basis of the number of
cases of shell eggs handled at each place of business during the
highest volume month of each licensing year. If a given lot of
eggs is moved from one location of business to a second location
of business and the food handler's license is held by the same
person at both locations, the given lot of eggs must be counted
in determining the volume of business on which the inspection
fee is based at the first location of business but must not
enter into the computation of volume of business for the second
location. For the purpose of determining fees, "case" means one
of 30 dozen capacity. The schedule of fees is as follows:
HIGHEST VOLUME OF CASES EACH FEE
LICENSING YEAR
1 - 50 $ 10 $ 12.50
51 - 100 $ 25 $ 31.25
101 - 1000 $ 50 $ 62.50
1001 - 2000 $ 75 $ 93.75
2001 - 4000 $100 $125.00
4001 - 6000 $125 $156.25
6001 - 8000 $150 $187.50
8001 - 10,000 $200 $250.00
OVER 10,000 $250 $312.00
Each person subject to the inspection fee in this section
shall, under the direction of the commissioner, keep records
necessary to accurately determine the volume of shell eggs on
which the inspection fee is due and shall prepare annually a
written report of the volume upon forms supplied by the
commissioner. This report, together with the required
inspection fee, must be filed with the department on or before
the last day of May of each year.
Sec. 49. Minnesota Statutes 2000, section 29.23,
subdivision 2, is amended to read:
Subd. 2. [EQUIPMENT.] The commissioner shall also by rule
provide for minimum plant and equipment requirements for
candling, grading, handling and storing eggs, and shall define
candling. Equipment in use before July 1, 1991, that does not
meet the design and fabrication requirements of this chapter may
remain in use if it is in good repair, capable of being
maintained in a sanitary condition, and capable of maintaining a
temperature of 50 45 degrees Fahrenheit (10 7 degrees Celsius)
or less.
Sec. 50. Minnesota Statutes 2000, section 29.23,
subdivision 3, is amended to read:
Subd. 3. [EGG TEMPERATURE.] Eggs must be held at a
temperature not to exceed 50 45 degrees Fahrenheit (10 7 degrees
Celsius) after being received by the egg handler except for
cleaning, sanitizing, grading, and further processing when they
must immediately be placed under refrigeration that is
maintained at 45 degrees Fahrenheit (7 degrees Celsius) or
below. Eggs offered for retail sale must be held at a
temperature not to exceed 45 degrees Fahrenheit (7 degrees
Celsius). After August 1, 1992, eggs offered for retail sale
must be held at a temperature not to exceed 45 degrees
Fahrenheit (7 degrees Celsius). Equipment in use prior to
August 1, 1991, is not subject to this requirement.
Sec. 51. Minnesota Statutes 2000, section 29.23,
subdivision 4, is amended to read:
Subd. 4. [VEHICLE TEMPERATURE.] A vehicle used for the
transportation of shell eggs from a warehouse, retail store,
candling and grading facility, or egg holding facility must have
an ambient air temperature of 50 45 degrees Fahrenheit (10 7
degrees Celsius) or below.
Sec. 52. Minnesota Statutes 2000, section 29.237, is
amended to read:
29.237 [UNIFORMITY WITH FEDERAL LAW.]
Subdivision 1. [SHELL EGGS.] Federal regulations governing
the grading of shell eggs and United States standards, grades,
and weight classes for shell eggs, in effect on July 1,
1990 2000, as provided by Code of Federal Regulations, title 7,
part 56, are the grading and candling rules in this state,
subject to amendment by the commissioner under chapter 14, the
Administrative Procedure Act.
Subd. 2. [INSPECTION.] Federal regulations governing the
inspection of eggs and egg products, in effect on May 1,
1990 2000, as provided by Code of Federal Regulations, title 7,
part 59, are the inspection of egg and egg products rules in
this state, subject to amendment by the commissioner under
chapter 14, the Administrative Procedure Act.
Sec. 53. Minnesota Statutes 2000, section 31.101, is
amended by adding a subdivision to read:
Subd. 12. [DAIRY GRADE RULES; MANUFACTURING PLANT
STANDARDS.] Federal grading and inspection standards for
manufacturing dairy plants and products and amendments thereto
in effect on January 1, 2001, as provided by Code of Federal
Regulations, title 7, part 58, subparts B-W, are adopted as the
dairy grade rules and manufacturing plant standards in this
state.
Sec. 54. Minnesota Statutes 2000, section 31.39, is
amended to read:
31.39 [ASSESSMENTS; INSPECTION SERVICES; COMMERCIAL
CANNERIES ACCOUNT.]
Subdivision 1. [ASSESSMENTS.] The commissioner is hereby
authorized and directed to collect from each commercial cannery
an assessment for inspection and services furnished, and for
maintaining a bacteriological laboratory and employing such
bacteriologists and trained and qualified sanitarians as the
commissioner may deem necessary. The assessment to be made on
each commercial cannery, for each and every packing season,
shall not exceed one-half cent per case on all foods packed,
canned, or preserved therein, nor shall the assessment in any
one calendar year to any one cannery exceed $3,000 $6,000, and
the minimum assessment to any cannery in any one calendar year
shall be $100. The commissioner shall provide appropriate
deductions from assessments for the net weight of meat, chicken,
or turkey ingredients which have been inspected and passed for
wholesomeness by the United States Department of Agriculture.
The commissioner may, when the commissioner deems it advisable,
graduate and reduce the assessment to such sum as is required to
furnish the inspection and laboratory services rendered. The
assessment made and the license fees, penalties, and other sums
so collected shall be deposited in the state treasury, as other
departmental receipts are deposited, but shall constitute a
separate account to be known as the commercial canneries
inspection account, which is hereby created, and together with
moneys now remaining in said account, set aside, and
appropriated as a revolving fund, to meet the expense of special
inspection, laboratory and other services rendered, as provided
in sections 31.31 to 31.392. The amount of such the assessment
shall be due and payable on or before December 31, of each year,
and if not paid on or before February 15 following, shall bear
interest after that date at the rate of seven percent per annum,
and a penalty of ten percent on the amount of the assessment
shall also be added and collected.
Subd. 2. [COMMERCIAL CANNERIES INSPECTION ACCOUNT;
APPROPRIATION.] A commercial canneries inspection account is
created in the agricultural fund. The assessments collected
under subdivision 1 shall be deposited in the commercial
canneries inspection account. Money in the account is
appropriated to the commissioner to meet the expense of special
inspection, laboratory, and other services rendered, as provided
in sections 31.31 to 31.392.
Sec. 55. Minnesota Statutes 2000, section 31A.21,
subdivision 2, is amended to read:
Subd. 2. [FEDERAL ASSISTANCE.] In its cooperative efforts,
the Minnesota department of agriculture may accept from the
United States Secretary of Agriculture (1) advisory assistance
in planning and otherwise developing the state program, (2)
technical and laboratory assistance and training, including
necessary curricular and instructional materials and equipment,
and (3) financial and other aid for the administration of the
program. The Minnesota department of agriculture may spend a
sum for administration of this chapter equal to 50 percent of
the estimated total cost of the cooperative program.
Sec. 56. [32.105] [MILK PROCUREMENT FEE.]
Each dairy plant operator within the state must pay to the
commissioner on or before the 18th of each month a fee of .71
cents per hundredweight of milk purchased the previous month.
If a milk producer within the state ships milk out of the state
for sale, the producer must pay the fee to the commissioner
unless the purchaser voluntarily pays the fee.
Producers who ship milk out of state or processors must
submit monthly reports as to milk purchases along with the
appropriate procurement fee to the commissioner. The
commissioner may have access to all relevant purchase or sale
records as necessary to verify compliance with this section and
may require the producer or purchaser to produce records as
necessary to determine compliance.
The fees collected under this section must be deposited in
the dairy services account in the agricultural fund. Money in
the account, including interest earned, is appropriated to the
commissioner to administer this chapter.
[EFFECTIVE DATE.] This section is effective for milk
delivered after June 30, 2001.
Sec. 57. Minnesota Statutes 2000, 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). 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 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, the
penalty is the value of all milk on the contaminated load plus
any costs associated with the disposition of the contaminated
load. Future pick-ups are prohibited until subsequent testing
reveals the milk is free of drug residue. A farm inspection
must be completed by the plant representative and the producer
to determine the cause of the residue and actions required to
prevent future violations.
(2) For the second violation in a 12-month period, the
penalty is the value of all milk on the contaminated load plus
any costs associated with the disposition of the contaminated
load. Future pick-ups are prohibited until subsequent testing
reveals the milk is free of drug residue. A farm inspection
must be completed by the regulatory agency or its agent to
determine the cause of the residue and actions required to
prevent future violations.
(3) For the third violation in a 12-month period, the
penalty is the value of all milk on the contaminated load plus
any costs associated with the disposition of the contaminated
load. Future pick-ups are prohibited until subsequent testing
reveals the milk is free of drug residue. The commissioner or
the commissioner's agent 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. A farm inspection must be completed by the
plant representative and the producer to determine the cause of
the residue and actions required to prevent future violations.
The department shall suspend the producer's permit and count the
violation on the producer's record. The Grade A or
manufacturing grade permit must be converted to temporary status
for not more than 30 days during which time the producer 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. 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. 58. Minnesota Statutes 2000, section 32.392, is
amended to read:
32.392 [APPROVAL OF DAIRY PLANTS.]
No person shall operate a dairy plant in this state unless
the dairy plant, and the equipment, water supply and plumbing
system connected therewith shall have been first approved by the
commissioner and a permit issued to operate the same. At the
time of filing the application for a permit, the applicant shall
submit to the commissioner duplicate floor plans of such plant
which shall show the placement of equipment, the source of water
supply and method of distribution, and the location of the
plumbing system, including the disposal of wastes. All new
construction or alteration of any existing dairy plants shall be
made only with the approval of the commissioner and duplicate
plans for such construction or alteration shall be submitted to
the commissioner for approval. Any permit may be revoked by the
commissioner for due cause after the holder of the permit has
been given the opportunity for a hearing, in which case the
holder of the permit shall be notified in writing, at least
seven days prior to the date of such hearing, of the time and
place of such hearing.
The fee for approval services is $45 per hour of department
staff time spent in the approval process. The fees must be
deposited in the dairy services account in the agricultural fund.
Money in the account, including interest earned, is appropriated
to the commissioner to administer this chapter.
Sec. 59. Minnesota Statutes 2000, section 32.394,
subdivision 4, is amended to read:
Subd. 4. [RULES.] The commissioner shall by rule
promulgate identity, production and processing standards for
milk, milk products and goat milk which are intended to bear the
Grade A label.
In the exercise of the authority to establish requirements
for Grade A milk, milk products and goat milk, the commissioner
may adopt adopts definitions, standards of identity, and
requirements for production and processing contained in the
"1999 Grade A Pasteurized Milk Ordinance" and the "1995 Grade A
Condensed and Dry Milk Ordinance" of the United States
Department of Health and Human Services, in a manner provided
for and not in conflict with law.
Sec. 60. Minnesota Statutes 2000, section 32.394,
subdivision 8a, is amended to read:
Subd. 8a. [LABORATORY CERTIFICATION.] A laboratory, before
conducting a test the results of which are to be used in the
enforcement of requirements for distribution of milk, milk
products or goat milk under the Grade A label, must be certified
as meeting the requirements for laboratory approval that are
established by rule of the commissioner, and must receive a
permit from the commissioner. The permit shall remain valid
without renewal unless suspended or revoked by the commissioner
for failure to comply with the requirements. Satisfactory
analytical procedures and results for split samples, the nature,
number and frequency of which shall be in accordance with rules
established by the commissioner, shall be required of a
certified laboratory for retention of its certification and
permit.
An application for initial certification or biennial
recertification, or for recertification following suspension or
revocation of a permit shall be accompanied by a an annual fee
of not less than $100 nor more than $350. The fee for each set
of split samples shall be not less than $25 nor more than
$75 based on the number of analysts approved and the number of
specific tests for which they are approved. The fee is not less
than $150 or more than $200 for each analyst approved and not
less than $35 or more than $50 for each test approved. The
commissioner may annually adjust assessments within the limits
established by this subdivision to meet the cost recovery of the
services required by this subdivision.
A certified laboratory of record on June 5, 1975 shall be
issued a permit without having to pay the initial certification
fee.
Sec. 61. Minnesota Statutes 2000, section 32.394,
subdivision 8e, is amended to read:
Subd. 8e. [FARM BULK MILK PICK-UP TANKERS.] Farm bulk milk
pick-up tankers, milk transports, and tankers used to transport
milk products must be inspected and obtain a permit issued by
the commissioner annually by July 1. The owner or operator must
pay a $25 permit fee per tanker to the commissioner. The
commissioner may appoint such persons as the commissioner deems
qualified to make inspections.
Sec. 62. Minnesota Statutes 2000, section 32.415, is
amended to read:
32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.]
(a) The commissioner may adopt rules to provide uniform
quality standards, and producers of milk used for manufacturing
purposes shall conform to the standards contained in Subparts B,
C, D, E, and F of the United States Department of Agriculture
Consumer and Marketing Service Recommended Requirements for Milk
for Manufacturing Purposes and its Production and Processing,
Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, as
revised through March 1, 1997 November 12, 1996, except that the
commissioner shall develop methods by which producers can comply
with the standards without violation of religious beliefs.
(b) The commissioner shall perform or contract for the
performance of the inspections necessary to implement this
section or shall certify dairy industry personnel to perform the
inspections.
(c) The commissioner and other employees of the department
shall make every reasonable effort to assist producers in
achieving the milk quality standards at minimum cost and to use
the experience and expertise of the University of Minnesota and
the agricultural extension service to assist producers in
achieving the milk quality standards in the most cost-effective
manner.
(d) The commissioner shall consult with producers,
processors, and others involved in the dairy industry in order
to prepare for the implementation of this section including
development of informational and educational materials,
meetings, and other methods of informing producers about the
implementation of standards under this section.
Sec. 63. Minnesota Statutes 2000, section 32.475,
subdivision 2, is amended to read:
Subd. 2. [MINNESOTA GRADES.] It is unlawful to sell, offer
or expose for sale, or have in possession with intent to sell
any butter at retail unless it has been graded and labeled with
such grades as follows:
(a) Grade, Minnesota, AA -- 93 score U.S. Grade AA
(b) Grade, Minnesota, A -- 92 score U.S. Grade A
(c) Grade, Minnesota, B -- 90 score U.S. Grade B
(d) Grade, Minnesota, undergrade -- all butter below
Minnesota B.
For the purposes of this section "sale at retail" shall
include all sales to a restaurant or eating establishment that
serves butter to its patrons or that uses butter in the
preparation of any food which is served to its patrons.
Sec. 64. Minnesota Statutes 2000, section 32.70,
subdivision 7, is amended to read:
Subd. 7. [SELECTED CLASS I DAIRY PRODUCTS.] "Selected
class I dairy products" means milk for human consumption in
fluid form and all other class I dairy products as defined by
the Upper Midwest Milk Marketing Order, Code of Federal
Regulations, title 7, part 1068.40 1030.40, or successor orders.
Sec. 65. Minnesota Statutes 2000, section 32.70,
subdivision 8, is amended to read:
Subd. 8. [SELECTED CLASS II DAIRY PRODUCTS.] "Selected
class II dairy products" means milk for human consumption
processed into fluid cream, eggnog, yogurt, and all other class
II dairy products as defined by the Upper Midwest Milk Marketing
Order, Code of Federal Regulations, title 7, part 1068.40
1030.40, or successor orders.
Sec. 66. Minnesota Statutes 2000, section 34.07, is
amended to read:
34.07 [BEVERAGE INSPECTION FUND ACCOUNT; APPROPRIATION.]
A beverage inspection account is created in the
agricultural fund. All fees and fines collected hereunder by
the commissioner, together with all fines paid for the violation
of the provisions of sections 34.02 to 34.11, shall be paid into
the state treasury and credited to the beverage inspection fund,
hereby created. The money so derived is hereby appropriated to
compensate for and meet the expense of inspection and
supervision, as provided for in sections 34.02 to 34.11. The
money so collected and appropriated shall be expended by the
commissioner for inspection, supervisions, publications, short
courses, and such other activities as in the commissioner's
judgment may be necessary, not inconsistent with the provisions
of sections 34.02 to 34.11 under this chapter shall be credited
to the beverage inspection account. Money in the account is
appropriated to the commissioner for inspection and supervision
under this chapter.
Sec. 67. Minnesota Statutes 2000, section 41B.025,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] There is created a public
body corporate and politic to be known as the "Minnesota rural
finance authority," which shall perform the governmental
functions and exercise the sovereign powers delegated to it in
sections 41B.01 to 41B.23 and chapter 41C in furtherance of the
public policies and purposes declared in section 41B.01. The
board of the authority consists of the commissioners of
agriculture, commerce, trade and economic development, and
finance, the state auditor, and six public members appointed by
the governor with the advice and consent of the senate. The
state auditor may designate one staff member to serve in the
auditor's place. No public member may reside within the
metropolitan area, as defined in section 473.121, subdivision
2. Each member shall hold office until a successor has been
appointed and has qualified. A certificate of appointment or
reappointment of any member is conclusive evidence of the proper
appointment of the member.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 68. Minnesota Statutes 2000, section 41B.03,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY FOR RESTRUCTURED LOAN.] In addition
to the eligibility requirements of subdivision 1, a prospective
borrower for a restructured loan must:
(1) have received at least 50 percent of average annual
gross income from farming for the past three years or, for
homesteaded property, received at least 40 percent of average
gross income from farming in the past three years, and farming
must be the principal occupation of the borrower;
(2) have a debt-to-asset ratio equal to or greater than 50
percent and in determining this ratio, the assets must be valued
at their current market value;
(3) have projected annual expenses, including operating
expenses, family living, and interest expenses after the
restructuring, that do not exceed 95 percent of the borrower's
projected annual income considering prior production history and
projected prices for farm production, except that the authority
may reduce the 95 percent requirement if it finds that other
significant factors in the loan application support the making
of the loan;
(4) (3) demonstrate substantial difficulty in meeting
projected annual expenses without restructuring the loan; and
(5) (4) must have a total net worth, including assets and
liabilities of the borrower's spouse and dependents, of less
than $400,000 in 1999 and an amount in subsequent years which is
adjusted for inflation by multiplying $400,000 by the cumulative
inflation rate as determined by the United States All-Items
Consumer Price Index.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 69. Minnesota Statutes 2000, section 41B.043,
subdivision 1b, is amended to read:
Subd. 1b. [LOAN PARTICIPATION.] The authority may
participate in an agricultural improvement loan with an eligible
lender to a farmer who meets the requirements of section 41B.03,
subdivision 1, clauses (1) and (2), and who are actively engaged
in farming. Participation is limited to 45 percent of the
principal amount of the loan or $100,000 $125,000, whichever is
less. The interest rates and repayment terms of the authority's
participation interest may be different than the interest rates
and repayment terms of the lender's retained portion of the loan.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 70. Minnesota Statutes 2000, section 41B.043,
subdivision 2, is amended to read:
Subd. 2. [SPECIFICATIONS.] No direct loan may exceed
$35,000 or $125,000 for a loan participation or be made to
refinance an existing debt. Each direct loan and participation
must be secured by a mortgage on real property and such other
security as the authority may require.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 71. Minnesota Statutes 2000, section 41B.046,
subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT.] The authority shall establish
and implement a value-added agricultural product loan program to
help farmers finance the purchase of stock in a cooperative that
is proposing to build or purchase and operate an agricultural
product processing facility or already owns and operates an
agricultural product processing facility.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 72. [84.0261] [DISPOSITION OF REIMBURSEMENT FROM
NATURAL DISASTERS.]
Notwithstanding any other law to the contrary, money
received by the commissioner of natural resources as
reimbursement for damages, losses, or service costs incurred
because of a natural disaster shall be deposited in the special
revenue fund and are appropriated to the commissioner to
accomplish the goals of those programs from which funds were
diverted in response to the natural disaster.
Sec. 73. Minnesota Statutes 2000, section 84.0887,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM CONTENT.] The commissioner shall
operate youth Minnesota Conservation Corps programs which may
include summer youth programs and year-round young adult
programs. The commissioner shall insure that youths in all
parts of the state have an equal opportunity for employment and
that equal numbers of male and female youth are selected for the
summer programs. Youth corps members must be 15 to 18 years old
and young adult corps members must be 18 to 26 years
old. Minnesota Conservation Corps members are not public
employees under chapter 43A or 179A. Youth Minnesota
Conservation Corps programs may provide services that include
but are not limited to the following:
(1) conservation, rehabilitation, and the improvement of
wildlife habitat, prairie, parks, and recreational areas;
(2) urban and rural revitalization, historical and cultural
site preservation, and reforestation of both urban and rural
areas;
(3) fish culture, wildlife habitat maintenance and
improvement, and other fishery assistance;
(4) road and trail development, maintenance, and
improvement;
(5) erosion, flood, drought, and storm damage assistance
and controls;
(6) stream, lake, waterfront harbor, and port improvement;
(7) wetlands protection and pollution control;
(8) insect, disease, rodent, and fire prevention and
control;
(9) the improvement of abandoned railroad beds and
rights-of-way;
(10) energy conservation projects, renewable resource
enhancement, and recovery of biomass;
(11) reclamation and improvement of strip-mined land; and
(12) forestry, nursery, and cultural operations.
Sec. 74. Minnesota Statutes 2000, section 84.0887,
subdivision 2, is amended to read:
Subd. 2. [ADDITIONAL SERVICES; CORPS TO CAREER COMMUNITY
SERVICE.] (a) In addition to services under subdivision 1, youth
Minnesota Conservation Corps programs may coordinate with or
provide services to:
(1) making public facilities accessible to individuals with
disabilities;
(2) federal, state, local, and regional governmental
agencies;
(3) nursing homes, hospices, senior centers, hospitals,
local libraries, parks, recreational facilities, child and adult
day care centers, programs servicing individuals with
disabilities, and schools;
(4) law enforcement agencies, and penal and probation
systems;
(5) private nonprofit organizations that primarily focus on
social service such as community action agencies;
(6) activities that focus on the rehabilitation or
improvement of public facilities, neighborhood improvements,
literacy training that benefits educationally disadvantaged
individuals, weatherization of and basic repairs to low-income
housing including housing occupied by older adults, activities
that focus on drug and alcohol abuse education, prevention, and
treatment; and
(7) any other nonpartisan civic activities and services
that the commissioner determines to be of a substantial social
benefit in meeting unmet human, educational, or environmental
needs, particularly needs related to poverty, or in the
community where volunteer service is to be performed.
(b) Youth and young adults may provide full-time or
part-time youth community service in a program known as "corps
to career" if the individual:
(1) is an unemployed high school dropout and is a parent of
a minor member of an assistance unit under the AFDC, MFIP, or
MFIP-R programs under chapter 256 or under the MFIP-S program
under chapter 256J, or is a person who is a member of an
assistance unit under the AFDC, MFIP, or MFIP-R programs under
chapter 256 or under the MFIP-S program under chapter 256J;
(2) agrees to only use the individual's postservice benefit
under the federal Americorps Act to complete a customized job
training program that requires 20 percent of the individual's
time to be spent in the corps to career program and that is
consistent with the work requirements of the employment and
training services component of the MFIP-S program under chapter
256J or, if a customized job training program is unavailable,
agrees to use the postservice benefit consistent with the
federal education award; and
(3) during the entire time the individual completes the
individual's job training program, resides within an enterprise
zone as defined in section 469.303.
To be eligible under this paragraph, any individual who
receives assistance under clause (1) after MFIP-S has been
implemented in the individual's county of financial
responsibility, and who meets the requirements in clauses (2)
and (3), also must meet the requirements of the employment and
training services component of the MFIP-S program under chapter
256J.
(c) The commissioner of natural resources shall ensure that
the corps to career program will not decrease employment
opportunities that would be available without the program; will
not displace current employees including any partial
displacement in the form of reduced hours of work other than
overtime, wages, employment benefits, or regular seasonal work;
will not impair existing labor agreements; and will not result
in the substitution of project funding for preexisting funds or
sources of funds for ongoing work.
Sec. 75. Minnesota Statutes 2000, section 84.0887,
subdivision 4, is amended to read:
Subd. 4. [ADVISORY COMMITTEE.] The commissioner shall
establish a youth Minnesota Conservation Corps advisory
committee with broad state representation including
youth. Notwithstanding section 15.059, subdivision 5, or other
law to the contrary, the committee expires June 30, 2001 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 76. Minnesota Statutes 2000, section 84.0887,
subdivision 5, is amended to read:
Subd. 5. [OLDER MEMBERS.] Youth Minnesota Conservation
Corps programs may enroll a limited number of special corps
members over age 26 so that the corps may draw on their unique
knowledge, skills, or abilities to fulfill the purposes of the
programs.
Sec. 77. Minnesota Statutes 2000, section 84.0887,
subdivision 6, is amended to read:
Subd. 6. [EXPENDITURES FROM SPECIAL FUNDS.] An
appropriation from a special revenue fund or account to the
commissioner for youth Minnesota Conservation Corps programs
must be spent for projects that are consistent with the purposes
of the fund or account from which the appropriation was made.
Sec. 78. Minnesota Statutes 2000, section 84.0887,
subdivision 9, is amended to read:
Subd. 9. [CONTRACTS; GRANTS.] The commissioner of natural
resources may contract with and make grants to nonprofit
agencies to assist in carrying out the purposes, plans, and
programs of the office of youth programs, Minnesota Conservation
Corps.
Sec. 79. Minnesota Statutes 2000, section 84.83,
subdivision 3, as amended by Laws 2001, chapter 185, section 8,
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 84.91 and appropriated grants to local law enforcement
agencies.
Sec. 80. Minnesota Statutes 2000, section 84.925,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM ESTABLISHED.] (a) The commissioner
shall establish a comprehensive all-terrain vehicle
environmental and safety education and training program,
including the preparation and dissemination of vehicle
information and safety advice to the public, the training of
all-terrain vehicle operators, and the issuance of all-terrain
vehicle safety certificates to vehicle operators over the age of
12 years who successfully complete the all-terrain vehicle
environmental and safety education and training course.
(b) For the purpose of administering the program and to
defray a portion of the expenses of training and certifying
vehicle operators, the commissioner shall collect a fee of $15
from each person who receives the training. The commissioner
shall establish a fee that neither significantly overrecovers
nor underrecovers 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 fees shall be deposited in the all-terrain vehicle
account and the amount thereof is appropriated annually to the
enforcement division of the department of natural resources for
the administration of the program. In addition to the fee
established by the commissioner, instructors may charge each
person up to the established fee amount for class materials and
expenses. Fee proceeds shall be deposited in the all-terrain
vehicle account in the natural resources fund.
(c) 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 section. School districts may cooperate
with the commissioner and volunteer instructors to provide space
for the classroom portion of the training. 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 vehicle operators. By June 30,
2003, the commissioner shall incorporate a riding component in
the safety education and training program.
Sec. 81. Minnesota Statutes 2000, section 84.9256,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a)
Except for operation on public road rights-of-way that is
permitted under section 84.928, a driver's license issued by the
state or another state is required to operate an all-terrain
vehicle along or on a public road right-of-way.
(b) A person under 12 years of age shall not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or
waters.
(c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 16 years may
make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands
and waters, only if that person possesses a valid all-terrain
vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person 18 years
of age or older who holds a valid driver's license.
(d) All-terrain vehicle safety certificates issued by the
commissioner to persons 12 years old, but less than 16 years
old, are not valid for machines in excess of 90cc engine
capacity unless:
(1) the person successfully completed the safety education
and training program under section 84.925, subdivision 1,
including a riding component;
(2) the riding component of the training was conducted
using an all-terrain vehicle with over 90cc engine capacity; and
(3) the person is able to properly reach and control the
handle bars and reach the foot pegs while sitting upright on the
seat of the all-terrain vehicle.
Sec. 82. [84.9257] [PASSENGERS.]
(a) A parent or guardian may operate an all-terrain vehicle
carrying one passenger who is under 16 years of age and who
wears a safety helmet approved by the commissioner of public
safety.
(b) For the purpose of this section, "guardian" means a
legal guardian of a person under age 16, or a person 18 or older
who has been authorized by the parent or legal guardian to
supervise the person under age 16.
Sec. 83. Minnesota Statutes 2000, section 84.928,
subdivision 2, is amended to read:
Subd. 2. [OPERATION GENERALLY.] A person may not drive or
operate an all-terrain vehicle:
(1) at a rate of speed greater than reasonable or proper
under the surrounding circumstances;
(2) in a careless, reckless, or negligent manner so as to
endanger or to cause injury or damage to the person or property
of another;
(3) without headlight and taillight lighted at all times if
the vehicle is equipped with headlight and taillight;
(4) without a functioning stoplight if so equipped;
(5) in a tree nursery or planting in a manner that damages
or destroys growing stock;
(6) without a brake operational by either hand or foot;
(7) with more persons on the vehicle than it was designed
for, except as allowed under section 84.9257;
(8) at a speed exceeding ten miles per hour on the frozen
surface of public waters within 100 feet of a person not on an
all-terrain vehicle or within 100 feet of a fishing shelter; or
(9) in a manner that violates operation rules adopted by
the commissioner.
Sec. 84. Minnesota Statutes 2000, section 85.015, is
amended by adding a subdivision to read:
Subd. 22. [MINNESOTA RIVER TRAIL; BIG STONE, SWIFT, YELLOW
MEDICINE, CHIPPEWA, RENVILLE, NICOLLET, SIBLEY, AND LESUEUR
COUNTIES.] The trail shall originate at the entrance to Big
Stone Lake state park and extend along the Minnesota river
valley to connect to the Minnesota Valley trail at the city of
LeSueur.
Sec. 85. Minnesota Statutes 2000, section 85.015, is
amended by adding a subdivision to read:
Subd. 23. [CENTRAL LAKES TRAIL; OTTER TAIL, GRANT, AND
DOUGLAS COUNTIES.] The trail shall originate at the city of
Fergus Falls and extend in a southeasterly direction through
Grant and Douglas counties to the eastern boundary of Douglas
county.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 86. Minnesota Statutes 2000, section 85.052,
subdivision 4, is amended to read:
Subd. 4. [DEPOSIT OF FEES.] (a) Fees paid for special
state park uses under this section shall be deposited in the
state treasury natural resources fund and credited to the
general fund a state parks account.
(b) Gross receipts derived from sales, rentals, or leases
of natural resources within state parks, recreation areas, and
waysides, other than those on trust fund lands, must be
deposited in the state treasury and be credited to the general
fund.
Sec. 87. Minnesota Statutes 2000, section 85.055,
subdivision 2, is amended to read:
Subd. 2. [FEE DEPOSIT AND APPROPRIATION.] The fees
collected under this section shall be deposited in the state
treasury natural resources fund and credited to the general fund
a state parks account.
Sec. 88. Minnesota Statutes 2000, section 85.32,
subdivision 1, is amended to read:
Subdivision 1. [AREAS MARKED.] The commissioner of natural
resources is authorized in cooperation with local units of
government and private individuals and groups when feasible to
mark canoe and boating routes on the Little Fork, Big Fork,
Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon,
Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle,
Cloquet, Root, Zumbro, Pomme de Terre within Swift county,
Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift
county to Montevideo in Chippewa county, Long Prairie, Red River
of the North, and Crow rivers which have historic and scenic
values and to mark appropriately points of interest, portages,
camp sites, and all dams, rapids, waterfalls, whirlpools, and
other serious hazards which are dangerous to canoe and
watercraft travelers.
Sec. 89. Minnesota Statutes 2000, section 86A.21, is
amended to read:
86A.21 [POWERS AND DUTIES OF COMMISSIONER.]
(a) The commissioner may:
(1) acquire, construct, and maintain small craft harbors,
channels, and facilities for recreational watercraft in the
navigable waters lying within the locations identified in Laws
1993, chapter 333, section 1;
(2) acquire by purchase, lease, gift, or condemnation the
lands, rights-of-way, easements, and other interests necessary
for small craft harbors, channels, mooring facilities, marinas,
launching ramps, and facilities normally used to support harbors
of refuge, channels, docks, and launching ramps;
(3) provide the public within the boundaries of small craft
harbors, through leases of public property, with mooring
facilities and marinas developed and operated by public or
nonpublic entities at no cost to the state or its political
subdivisions;
(4) charge fees for both seasonal and daily moorage at
state-operated or state-assisted small craft harbors and mooring
facilities;
(5) collect the proceeds from the sale of marine fuel at
small craft harbors or mooring facilities operated by the state.
(b) Fees and proceeds collected under paragraph (a) must be
credited to the water recreation account. The fees and proceeds
are appropriated to the commissioner of natural resources and
may must be used for purposes relating to mooring facilities and
small craft harbors, including:
(1) operation and maintenance;
(2) purchase of marine fuel and other petroleum supplies;
(3) replacement or expansion; or
(4) debt service on funds provided through the sale of
state bonds.
(c) Fees collected at small craft harbors and boating
facilities constructed or operated by local units of government
with financial assistance from the state shall, after payment of
the costs of operating and maintaining the facilities, be used
for purposes relating to mooring facilities and small craft
harbors, including:
(1) operation and maintenance;
(2) replacement or expansion; or
(3) debt service on funds provided through the sale of
state bonds.
Sec. 90. Minnesota Statutes 2000, section 86B.106, is
amended to read:
86B.106 [BARRING VEHICLES FROM UNSAFE ICE.]
(a) Whenever ice conditions on a body of water deteriorate
to such an extent that there is substantial danger to persons
using motorized vehicles, including snowmobiles and all-terrain
vehicles, the sheriff of the county where the body of water is
located may prohibit or restrict the use of motorized vehicles
on all or a portion of the body of water. If the body of water
is located in more than one county, all counties involved must
coordinate any prohibitions or restrictions that are imposed. A
county sheriff acting under this section shall, as soon as
practicable, post all common access sites and publicize the
prohibitions or restrictions. The commissioner must be notified
immediately and may review and suspend any restrictions
imposed. Restrictions may be lifted as soon as conditions
warrant.
(b) A person may not operate a motorized vehicle in
violation of a prohibition or restriction imposed under this
section.
(c) This section does not apply to a person who:
(1) is a member of a sanctioned circuit watercross
association and can provide proof of membership;
(2) operates a snowmobile with a silenced exhaust and is
practicing for a sanctioned event; and
(3) receives written permission from a conservation officer
who must set the date, time, and location of the practice.
Sec. 91. Minnesota Statutes 2000, section 88.641, is
amended by adding a subdivision to read:
Subd. 1a. [DECORATIVE BOUGHS.] "Decorative boughs" mean
decorative materials that are side branches or slashings that
have been cut from any growing coniferous or deciduous trees,
bushes, saplings, seedlings, or shrubs and that are intended to
be sold or used for decorative purposes.
Sec. 92. Minnesota Statutes 2000, section 88.641, is
amended by adding a subdivision to read:
Subd. 1b. [DECORATIVE MATERIALS.] "Decorative materials"
mean forest products that are collected or harvested from
growing coniferous or deciduous trees, bushes, saplings,
seedlings, shrubs, or herbaceous plants, including the tops,
branches, or other parts cut from any of the foregoing,
untrimmed or in their natural condition, intended to be sold or
used for decorative purposes. Nursery stock is not included in
this definition.
Sec. 93. Minnesota Statutes 2000, section 88.641,
subdivision 2, is amended to read:
Subd. 2. [DECORATIVE TREES.] "Decorative trees" means mean
decorative materials that are growing pines, spruce, balsam,
cedar, evergreen or coniferous or deciduous trees, bushes,
saplings, seedlings, or shrubs, boughs or branches, including
the tops cut from any of the foregoing, untrimmed or in their
natural condition, intended to be sold or used for decorative
purposes. Nursery stock shall not be included in this
definition.
Sec. 94. Minnesota Statutes 2000, section 88.641, is
amended by adding a subdivision to read:
Subd. 4a. [OFFICER.] "Officer" means a forest officer,
conservation officer, or other peace officer.
Sec. 95. Minnesota Statutes 2000, section 88.641, is
amended by adding a subdivision to read:
Subd. 6. [WRITTEN CONSENT.] "Written consent" means
written permission, a bill of sale, or a governmental or
reservation permit.
Sec. 96. Minnesota Statutes 2000, section 88.642, is
amended to read:
88.642 [DECORATIVE TREES; CUTTING, REMOVAL OF;
TRANSPORTATION; PROHIBITIONS; EXCEPTIONS MATERIALS.]
Subdivision 1. [WRITTEN CONSENT.] No person shall
cut, harvest, remove, or transport, or possess for decorative
purposes or for sale in natural condition and untrimmed, more
than three decorative trees as defined herein, more than 100
pounds of decorative boughs, or more than 100 pounds of any
other decorative materials without the written consent of or a
bill of sale provided by the owner or authorized agent of the
private or public land on which the same are grown and whether
such land be publicly or privately owned decorative materials
were cut or harvested. The written consent shall be on a form
furnished and or otherwise approved by the department
commissioner of natural resources, and shall contain the legal
description of the land where the decorative trees materials
were cut or harvested, as well as the name of the legal
owner, of the land or a duly the owner's authorized agent or
agents, thereof. The written consent or bill of sale, or a copy
thereof certified as a true copy by the person to whom the
consent was given or sale made, or by the county recorder of the
county in which the land is situated, if recorded, shall must be
carried by every person cutting, harvesting, removing,
possessing, or transporting any decorative trees, untrimmed or
in their natural condition materials, or in any way aiding
therein, and shall must be exhibited to any officer of the law,
forest ranger, forest patrol officer, conservation officer, or
other officer of the department of natural resources, at the
officer's request at any time.
Subd. 2. [INSPECTION AND INVESTIGATION.] Any officer shall
have power to inspect any decorative trees materials when being
transported in any vehicle or other means of conveyance or by
common carrier, to make an investigation with reference thereto
as may be necessary to determine whether or not the provisions
of sections 88.641 to 88.648 have been complied with, to stop
any vehicle or other means of conveyance found carrying
decorative trees materials upon any public highways of this
state, for the purpose of making an inspection and
investigation, and to seize and hold subject to the order of the
court any decorative trees materials found being cut, removed,
or transported in violation of any provision of sections 88.641
to 88.648. Failure to comply with the requirements of sections
88.641 to 88.648 subjects the decorative materials to seizure
and confiscation as contraband in addition to other penalties
provided by law.
Subd. 3. [TRANSPORTATION REQUIREMENTS.] No person, common
carrier, bough buyer, or authorized agent thereof shall purchase
or otherwise receive for shipment or transportation any
decorative trees unless materials without recording the
consignor, whose seller's or consignor's name and address shall
be recorded, exhibits at the time of consignment and the written
consent, bill of sale, or certified copy thereof herein provided
for on a form furnished or otherwise approved by the
commissioner of natural resources.
Subd. 4. [NO WRITTEN CONSENT.] Failure to so possess or
exhibit a written consent or bill of sale shall be prima facie
evidence that no consent was given or exists.
Subd. 5. [EXCEPTIONS.] (a) This section does not apply to
decorative materials in the possession of or being transported
by a federal, state, or local government official for a
legitimate public purpose.
(b) This section does not apply to a person cutting,
harvesting, possessing, or transporting decorative materials cut
from the person's own property if the person produces
documentation that the person owns the property where the
decorative materials were cut.
Sec. 97. [88.6435] [BOUGH BUYERS.]
Subdivision 1. [PERMITS.] A person may not buy more than
100 pounds of decorative boughs in any calendar year without a
bough buyer's permit issued by the commissioner of natural
resources. The annual fee for a permit for a resident or
nonresident to buy decorative boughs is $25. The annual fee may
be reduced to $10 if the buyer attends an approved annual
workshop or other orientation session for balsam bough
harvesters and buyers.
Subd. 2. [BUYING AND RECORD REQUIREMENTS.] (a) When buying
or otherwise receiving decorative boughs, a person permitted
under this section must record:
(1) the seller's name and address;
(2) the form of written consent; and
(3) the government permit number or legal description or
property tax identification number of the land from which the
boughs were obtained.
The information must be provided on a form furnished or
otherwise approved by the commissioner of natural resources in
consultation with the balsam bough industry groups.
(b) Boughs may not be purchased if the seller fails to
exhibit the written consent required under section 88.642,
subdivision 1, or if the boughs do not conform to the standards
specified on the consent. Decorative boughs cut from public
lands must conform to standards specified in the written consent.
(c) Records shall be maintained from July 1 until June 30
of the following calendar year and shall be open to inspection
to an officer during reasonable hours.
(d) Customer name and address records created and
maintained by permittees under this section are classified as
private or nonpublic government data.
Subd. 3. [REVOCATION OF PERMITS.] (a) The commissioner may
deny, modify, suspend, or revoke a permit issued under this
section for cause, including falsification of records required
under this section or violation of any other provision of
sections 88.641 to 88.648.
(b) A person convicted of two or more violations of
sections 88.641 to 88.648 within three years may not obtain a
bough buyer's permit for three years from the date of the last
conviction.
Subd. 4. [DISPOSITION OF PERMIT FEES AND PENALTIES.] Fees
for permits issued under this section shall be deposited in the
state treasury and credited to the special revenue fund and are
annually appropriated to the commissioner of natural resources
for costs associated with balsam bough educational programs for
harvesters and buyers.
[EFFECTIVE DATE.] This section is effective July 1, 2002.
Sec. 98. Minnesota Statutes 2000, section 88.645, is
amended to read:
88.645 [ENFORCEMENT.]
Subdivision 1. [SEARCH WARRANTS.] Any A court having
authority to issue warrants in criminal cases may issue a search
warrant, in the manner provided by law for issuing search
warrants for stolen property, to search for and seize any trees
alleged upon sufficient grounds to have been decorative
materials affected by or involved in any an offense under
sections 88.641 to 88.647 88.648. The warrant may be directed
to and executed by any officer authorized to make arrests and
seizures by sections 88.641 to 88.647 88.648.
Subd. 2. [COMPLAINT.] Any An officer having knowledge of
any an offense under sections 88.641 to 88.647 88.648 shall
forthwith make a complaint against the offender before a court
having jurisdiction of the offense and request the court to
issue a warrant of arrest in the case.
Sec. 99. Minnesota Statutes 2000, section 88.647, is
amended to read:
88.647 [RELATION TO EXISTING LAWS.]
Sections 88.641 to 88.647 shall 88.6435 do not be deemed to
supersede any existing provision of law relating to any matter
within the scope thereof but shall be construed as supplementary
thereto.
Sec. 100. Minnesota Statutes 2000, section 88.648, is
amended to read:
88.648 [FALSE STATEMENT; CRIMINAL PENALTIES; MISDEMEANOR.]
Any (a) A person who makes any a false statement in any
application, form, or other statement for the purpose of
obtaining any written consent or bill of sale as described in
sections 88.641 to 88.644 88.6435 is guilty of a misdemeanor.
(b) Except as otherwise provided in this subdivision
section, any a person who violates any a provision of sections
88.641 to 88.647, 88.6435 is guilty of a misdemeanor.
Sec. 101. Minnesota Statutes 2000, section 88.75,
subdivision 1, is amended to read:
Subdivision 1. [MISDEMEANOR OFFENSES; DAMAGES; INJUNCTIVE
RELIEF.] Any person who violates any of the provisions of
sections 88.03 to 88.22 for which no specific penalty is therein
prescribed shall be guilty of a misdemeanor and be punished
accordingly.
Failure by any person to comply with any provision or
requirement of sections 88.03 to 88.22 to which such person is
subject shall be deemed a violation thereof.
Any person who violates any provisions of sections 88.03 to
88.22, in addition to any penalties therein prescribed, or
hereinbefore in this section prescribed, for such violation,
shall also be liable in full damages to any and every person
suffering loss or injury by reason of such violation, including
liability to the state, and any of its political subdivisions,
for all expenses incurred in fighting or preventing the spread
of, or extinguishing, any fire caused by, or resulting from, any
violation of these sections. All expenses so collected by the
state shall be returned to, and deposited in, the original fund
from which the expenses were paid and are available for
expenditure for the purposes for which the funds were originally
appropriated deposited in the general fund. When a fire set by
any person spreads to and damages or destroys property belonging
to another, the setting of the fire shall be prima facie
evidence of negligence in setting and allowing the same to
spread.
At any time the state, or any political subdivision
thereof, either of its own motion, or at the suggestion or
request of the director, may bring an action in any court of
competent jurisdiction to restrain, enjoin, or otherwise
prohibit any violation of sections 88.03 to 88.22, whether
therein described as a crime or not, and likewise to restrain,
enjoin, or prohibit any person from proceeding further in, with,
or at any timber cutting or other operations without complying
with the provisions of those sections, or the requirements of
the director pursuant thereto; and the court may grant such
relief, or any other appropriate relief, whenever it shall
appear that the same may prevent loss of life or property by
fire, or may otherwise aid in accomplishing the purposes of
sections 88.03 to 88.22.
Sec. 102. Minnesota Statutes 2000, section 89A.06,
subdivision 2a, is amended to read:
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 by June 30, 2002, all remaining landscape regions
must complete assessments and by June 30, 2003, desired future
outcomes and strategies for all remaining regions except the
metropolitan and prairie regions.
Sec. 103. Minnesota Statutes 2000, section 93.002,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The mineral coordinating
committee is established to plan for diversified mineral
development. The mineral coordinating committee consists of the
director of the minerals division of the department of natural
resources, the deputy commissioner of the Minnesota pollution
control agency, the director of United Steelworkers of America,
district 11, or the director's designee, the commissioner of the
iron range resources and rehabilitation board, the director of
the Minnesota geological survey, the dean of the University of
Minnesota institute of technology, the director of the natural
resources research institute, and three individuals appointed by
the governor for a four-year term, one each representing the
iron ore and taconite, the nonferrous metallic minerals, and the
industrial minerals industries within the state. The director
of the minerals division of the department of natural resources
shall serve as chair. A member of the committee may designate
another person of the member's organization to act in the
member's place. The commissioner of natural resources shall
provide staff and administrative services necessary for the
committee's activities. Notwithstanding section 15.059,
subdivision 5, or other law to the contrary, the committee
expires June 30, 2003.
The mineral coordinating committee is encouraged to solicit
and receive advice from representatives of the United States
Geological Survey and the United States Environmental Protection
Agency.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 104. Minnesota Statutes 2000, section 97A.045,
subdivision 7, is amended to read:
Subd. 7. [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.]
(a) The commissioner shall encourage the purchase of:
(1) Minnesota migratory waterfowl stamps by nonhunters
interested in migratory waterfowl preservation and habitat
development;
(2) pheasant stamps by persons interested in pheasant
habitat improvement;
(3) trout and salmon stamps by persons interested in trout
and salmon stream and lake improvement; and
(4) turkey stamps by persons interested in wild turkey
management and habitat improvement.
(b) The commissioner shall make rules governing contests
for selecting a design for each stamp, including those stamps
not required to be in possession while taking game or fish.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 105. Minnesota Statutes 2000, section 97A.055, is
amended by adding a subdivision to read:
Subd. 4b. [CITIZEN OVERSIGHT SUBCOMMITTEES.] (a) The
commissioner shall appoint subcommittees of affected persons to
review the reports prepared under subdivision 4; review the
proposed work plans and budgets for the coming year; propose
changes in policies, activities, and revenue enhancements or
reductions; review other relevant information; and make
recommendations to the legislature and the commissioner for
improvements in the management and use of money in the game and
fish fund.
(b) The commissioner shall appoint the following
subcommittees, each comprised of at least three affected persons:
(1) a fisheries operations subcommittee to review fisheries
funding, excluding activities related to trout and salmon stamp
funding;
(2) a wildlife operations subcommittee to review wildlife
funding, excluding activities related to migratory waterfowl,
pheasant, and turkey stamp funding and excluding review of the
amounts available under section 97A.075, subdivision 1,
paragraphs (b) and (c);
(3) a big game subcommittee to review the report required
in subdivision 4, paragraph (a), clause (2);
(4) an ecological services operations subcommittee to
review ecological services funding;
(5) a subcommittee to review game and fish fund funding of
enforcement, support services, and department of natural
resources administration;
(6) a subcommittee to review the trout and salmon stamp
report and address funding issues related to trout and salmon;
(7) a subcommittee to review the report on the migratory
waterfowl stamp and address funding issues related to migratory
waterfowl;
(8) a subcommittee to review the report on the pheasant
stamp and address funding issues related to pheasants; and
(9) a subcommittee to review the report on the turkey stamp
and address funding issues related to wild turkeys.
(c) The chairs of each of the subcommittees shall form a
budgetary oversight committee to coordinate the integration of
the subcommittee reports into an annual report to the
legislature; recommend changes on a broad level in policies,
activities, and revenue enhancements or reductions; provide a
forum to address issues that transcend the subcommittees; and
submit a report for any subcommittee that fails to submit its
report in a timely manner.
(d) The budgetary oversight committee shall develop
recommendations for a biennial budget plan and report for
expenditures on game and fish activities. By August 15 of each
even-numbered year, the committee shall submit the budget plan
recommendations to the commissioner.
(e) Each subcommittee shall choose its own chair, except
that the chair of the budgetary oversight committee shall be
appointed by the commissioner and may not be the chair of any of
the subcommittees.
(f) The budgetary oversight committee must make
recommendations to the commissioner for outcome goals from
expenditures.
(g) Notwithstanding section 15.059, subdivision 5, or other
law to the contrary, the budgetary oversight committee and
subcommittees do not expire until June 30, 2005.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 106. Minnesota Statutes 2000, section 97A.405,
subdivision 2, is amended to read:
Subd. 2. [PERSONAL POSSESSION.] (a) A person acting under
a license or traveling from an area where a licensed activity
was performed must have in personal possession either: (1) the
proper license, if the license has been issued to and received
by the person; or (2) the proper license identification number
or stamp validation, if the license has been sold to the person
by electronic means but the actual license has not been issued
and received.
(b) If possession of a license or a license identification
number is required, a person must exhibit, as requested by a
conservation officer or peace officer, either: (1) the proper
license if the license has been issued to and received by the
person; or (2) the proper license identification number or stamp
validation and a valid state driver's license, state
identification card, or other form of identification provided by
the commissioner, if the license has been sold to the person by
electronic means but the actual license has not been issued and
received.
(c) If the actual license has been issued and received, a
receipt for license fees, a copy of a license, or evidence
showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a
licensee to exercise the rights or privileges conferred by a
license.
(d) A license or stamp issued electronically and not
immediately provided to the licensee shall be mailed to the
licensee within 30 days of purchase of the license or stamp
validation, except for a pictorial turkey stamp or a pictorial
trout and salmon stamp. A pictorial turkey stamp or a pictorial
trout and salmon stamp shall be mailed to the licensee after
purchase of a license or stamp validation only if the licensee
pays an additional $2 fee.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 107. Minnesota Statutes 2000, section 97A.411,
subdivision 2, is amended to read:
Subd. 2. [SIGNATURE ON STAMPS.] A migratory waterfowl or
pheasant stamp issued under the game and fish laws must be
signed by the licensee across the front of the stamp to be valid.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 108. Minnesota Statutes 2000, section 97A.473,
subdivision 2, is amended to read:
Subd. 2. [LIFETIME ANGLING LICENSE; FEE.] (a) A resident
lifetime angling license authorizes a person to take fish by
angling in the state. The license authorizes those activities
authorized by the annual resident angling license. The license
does not include a trout and salmon stamp validation or other
stamps required by law.
(b) The fees for a resident lifetime angling license are:
(1) age 3 and under, $227;
(2) age 4 to age 15, $300;
(3) age 16 to age 50, $383; and
(4) age 51 and over, $203.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 109. Minnesota Statutes 2000, section 97A.473,
subdivision 3, is amended to read:
Subd. 3. [LIFETIME SMALL GAME HUNTING LICENSE; FEE.] (a) A
resident lifetime small game hunting license authorizes a person
to hunt small game in the state. The license authorizes those
hunting activities authorized by the annual resident small game
hunting license. The license does not include a turkey stamp
validation or any of the other hunting stamps required by law.
(b) The fees for a resident lifetime small game hunting
license are:
(1) age 3 and under, $217;
(2) age 4 to age 15, $290;
(3) age 16 to age 50, $363; and
(4) age 51 and over, $213.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 110. Minnesota Statutes 2000, section 97A.473,
subdivision 5, is amended to read:
Subd. 5. [LIFETIME SPORTING LICENSE; FEE.] (a) A resident
lifetime sporting license authorizes a person to take fish by
angling and hunt small game in the state. The license
authorizes those activities authorized by the annual resident
angling and resident small game hunting licenses. The license
does not include a trout and salmon stamp validation, a turkey
stamp validation, or any of the other hunting stamps required by
law.
(b) The fees for a resident lifetime sporting license are:
(1) age 3 and under, $357;
(2) age 4 to age 15, $480;
(3) age 16 to age 50, $613; and
(4) age 51 and over, $413.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 111. Minnesota Statutes 2000, section 97A.474,
subdivision 2, is amended to read:
Subd. 2. [NONRESIDENT LIFETIME ANGLING LICENSE; FEE.] (a)
A nonresident lifetime angling license authorizes a person to
take fish by angling in the state. The license authorizes those
activities authorized by the annual nonresident angling
license. The license does not include a trout and salmon stamp
validation or other stamps required by law.
(b) The fees for a nonresident lifetime angling license are:
(1) age 3 and under, $447;
(2) age 4 to age 15, $600;
(3) age 16 to age 50, $773; and
(4) age 51 and over, $513.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 112. Minnesota Statutes 2000, section 97A.474,
subdivision 3, is amended to read:
Subd. 3. [NONRESIDENT LIFETIME SMALL GAME HUNTING LICENSE;
FEE.] (a) A nonresident lifetime small game hunting license
authorizes a person to hunt small game in the state. The
license authorizes those hunting activities authorized by the
annual nonresident small game hunting license. The license does
not include a turkey stamp validation or any of the other
hunting stamps required by law.
(b) The fees for a nonresident lifetime small game hunting
license are:
(1) age 3 and under, $947;
(2) age 4 to age 15, $1,280;
(3) age 16 to age 50, $1,633; and
(4) age 51 and over, $1,083.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 113. Minnesota Statutes 2000, section 97A.475,
subdivision 5, is amended to read:
Subd. 5. [HUNTING STAMPS.] Fees for the following stamps
and stamp validations are:
(1) migratory waterfowl stamp, $5;
(2) pheasant stamp, $5; and
(3) turkey stamp validation, $5.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 114. Minnesota Statutes 2000, section 97A.475,
subdivision 6, is amended to read:
Subd. 6. [RESIDENT FISHING.] Fees for the following
licenses, to be issued to residents only, are:
(1) to take fish by angling, for persons under age 65, $17;
(2) to take fish by angling, for persons age 65 and over,
$6.50;
(3) to take fish by angling, for a combined license for a
married couple, $25;
(4) (3) to take fish by spearing from a dark house, $17;
and
(5) (4) to take fish by angling for a 24-hour period
selected by the licensee, $8.50.
[EFFECTIVE DATE.] This section is effective March 1, 2003.
Sec. 115. Minnesota Statutes 2000, section 97A.475,
subdivision 10, is amended to read:
Subd. 10. [TROUT AND SALMON STAMP VALIDATION.] The fee for
a trout and salmon stamp validation is $8.50.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 116. Minnesota Statutes 2000, section 97A.485,
subdivision 6, is amended to read:
Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a)
Persons authorized to sell licenses under this section must sell
the following licenses for the license fee and the following
issuing fees:
(1) to take deer or bear with firearms and by archery, the
issuing fee is $1;
(2) Minnesota sporting, the issuing fee is $1; and
(3) to take small game, for a person under age 65 to take
fish by angling or for a person of any age to take fish by
spearing, and to trap fur-bearing animals, the issuing fee is
$1;
(4) for a trout and salmon stamp that is not issued
simultaneously with an angling or sporting license, an issuing
fee of 50 cents may be charged at the discretion of the
authorized seller; and
(5) for stamps other than a trout and salmon stamp, and for
a special season Canada goose license, there is no fee.
(b) An issuing fee may not be collected for issuance of a
trout and salmon stamp if a stamp validation is issued
simultaneously with the related angling or sporting license.
Only one issuing fee may be collected when selling more than one
trout and salmon stamp in the same transaction after the end of
the season for which the stamp was issued.
(c) The auditor or subagent shall keep the issuing fee as a
commission for selling the licenses.
(d) The commissioner shall collect the issuing fee on
licenses sold by the commissioner.
(e) A license, except stamps, must state the amount of the
issuing fee and that the issuing fee is kept by the seller as a
commission for selling the licenses.
(f) For duplicate licenses, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 117. Minnesota Statutes 2000, section 97B.001,
subdivision 1, is amended to read:
Subdivision 1. [AGRICULTURAL LAND DEFINITION.] For
purposes of this section, "agricultural land" means land:
(1) that is plowed or tilled;
(2) that has standing crops or crop residues; or
(3) within a maintained fence for enclosing domestic
livestock;
(4) that is planted native or introduced grassland or hay
land; or
(5) that is planted to short rotation woody crops as
defined in section 41B.048, subdivision 4.
Sec. 118. Minnesota Statutes 2000, section 97B.721, is
amended to read:
97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE
TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.]
(a) Except as provided in paragraph (b) or section 97A.405,
subdivision 2, a person may not take a turkey without possessing
a turkey license and:
(1) a turkey stamp in possession; and
(2) a turkey stamp validation on the turkey license when
issued electronically.
(b) The requirement in paragraph (a) to possess have a
turkey stamp or a license validation does not apply to persons
under age 18.
(c) The commissioner may by rule prescribe requirements for
the tagging and registration of turkeys.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 119. Minnesota Statutes 2000, section 97C.305, is
amended to read:
97C.305 [TROUT AND SALMON STAMP VALIDATION.]
Subdivision 1. [REQUIREMENT.] Except as provided in
subdivision 2 or section 97A.405, subdivision 2, a person over
age 16 and under age 65 required to possess an angling license
must have a trout and salmon stamp in possession and a trout
stamp validation on the angling license when issued
electronically to:
(1) take fish by angling in:
(i) a stream designated by the commissioner as a trout
stream;
(ii) a lake designated by the commissioner as a trout lake;
or
(iii) Lake Superior; or
(2) possess trout or salmon taken in the state by angling.
Subd. 2. [EXCEPTION.] A trout and salmon stamp validation
is not required to take fish by angling or to possess trout and
salmon if:
(1) the person:
(i) possesses a license to take fish by angling for a
period of 24 hours from the time of issuance under section
97A.475, subdivision 6, clause (5), or subdivision 7, clause
(5), and
(ii) is taking fish by angling, or the trout or salmon were
taken by the person, during the period the license is valid; or
(2) the person is taking fish, or the trout or salmon were
taken by the person, as authorized under section 97C.035.
[EFFECTIVE DATE.] This section is effective March 1, 2002.
Sec. 120. Minnesota Statutes 2000, section 115.03, is
amended by adding a subdivision to read:
Subd. 8a. [PERMIT DURATION FOR MAJOR ABOVEGROUND STORAGE
FACILITIES.] Agency permits for major aboveground storage
facilities may be issued for a term of up to ten years.
Sec. 121. Minnesota Statutes 2000, section 115.55,
subdivision 3, is amended to read:
Subd. 3. [RULES.] (a) The agency shall adopt rules
containing minimum standards and criteria for the design,
location, installation, use, and maintenance of individual
sewage treatment systems. The rules must include:
(1) how the agency will ensure compliance under subdivision
2;
(2) how local units of government shall enforce ordinances
under subdivision 2, including requirements for permits and
inspection programs;
(3) how the advisory committee will participate in review
and implementation of the rules;
(4) provisions for alternative systems;
(5) provisions for handling and disposal of effluent;
(6) provisions for system abandonment; and
(7) procedures for the commissioner to approve new
individual sewage treatment system technologies; and
(8) procedures for variances, including the consideration
of variances based on cost and variances that take into account
proximity of a system to other systems.
(b) The agency shall consult with the advisory committee
before adopting rules under this subdivision.
(c) Notwithstanding the repeal of the agency rule under
which the commissioner has established a list of warrantied
individual sewage treatment systems, the warranties for all
systems so listed as of the effective date of the repeal shall
continue to be valid for the remainder of the warranty period.
Sec. 122. Minnesota Statutes 2000, section 115A.0716, is
amended by adding a subdivision to read:
Subd. 3. [REVOLVING ACCOUNT.] An environmental assistance
revolving account is established in the environmental fund. All
repayments of loans awarded under this subdivision, including
principal and interest, must be deposited into the account.
Money in the account is annually appropriated to the director
for loans for purposes identified in subdivisions 1 and 2.
Sec. 123. Minnesota Statutes 2000, section 115A.54,
subdivision 2a, is amended to read:
Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The
director shall provide technical and financial assistance for
the acquisition and betterment of solid waste management
projects as provided in this subdivision and section 115A.52.
Money appropriated for the purposes of this subdivision must be
distributed as grants.
(b) Except as provided in paragraph (c), a project may
receive grant assistance up to 25 percent of the capital cost of
the project or $2,000,000, whichever is less, except that
projects constructed as a result of intercounty cooperative
agreements may receive (1) grant assistance up to 25 percent of
the capital cost of the project; or (2) $2,000,000 times the
number of participating counties, whichever is less.
(c) A recycling project or a project to compost or
cocompost waste may receive grant assistance up to 50 percent of
the capital cost of the project or $2,000,000, whichever is
less, except that projects completed as a result of intercounty
cooperative agreements may receive (1) grant assistance up to 50
percent of the capital cost of the project; or (2) $2,000,000
times the number of participating counties, whichever is less.
The following projects may also receive grant assistance in the
amounts specified in this paragraph:
(1) a project to improve control of or reduce air emissions
at an existing resource recovery facility; and
(2) a project to substantially increase the recovery of
materials or energy, substantially reduce the amount or toxicity
of waste processing residuals, or expand the capacity of an
existing resource recovery facility to meet the resource
recovery needs of an expanded region if each county from which
waste is or would be received has achieved a recycling rate in
excess of the goals in section 115A.551, and is implementing
aggressive waste reduction and household hazardous waste
management programs.
(d) Notwithstanding paragraph (e), the director may award
grants for transfer stations that will initially transfer waste
to landfills if the transfer stations are part of a planned
resource recovery project, the county where the planned resource
recovery facility will be located has a comprehensive solid
waste management plan approved by the director, and the solid
waste management plan proposes the development of the resource
recovery facility. If the proposed resource recovery facility
is not in place and operating within 12 16 years of the date of
the grant award, the recipient shall repay the grant amount to
the state.
(e) Projects without resource recovery are not eligible for
assistance.
(f) In addition to any assistance received under paragraph
(b) or (c), a project may receive grant assistance for the cost
of tests necessary to determine the appropriate pollution
control equipment for the project or the environmental effects
of the use of any product or material produced by the project.
(g) In addition to the application requirements of section
115A.51, an application for a project serving eligible
jurisdictions in only a single county must demonstrate that
cooperation with jurisdictions in other counties to develop the
project is not needed or not feasible. Each application must
also demonstrate that the project is not financially prudent
without the state assistance, because of the applicant's
financial capacity and the problems inherent in the waste
management situation in the area, particularly transportation
distances and limited waste supply and markets for resources
recovered.
(h) For the purposes of this subdivision, a "project" means
a processing facility, together with any transfer stations,
transmission facilities, and other related and appurtenant
facilities primarily serving the processing facility. The
director shall adopt rules for the program by July 1, 1985.
(i) Notwithstanding anything in this subdivision to the
contrary, a project to construct a new mixed municipal solid
waste transfer station that has an enforceable commitment of at
least ten years, or of sufficient length to retire bonds sold
for the facility, to serve an existing resource recovery
facility may receive grant assistance up to 75 percent of the
capital cost of the project if addition of the transfer station
will increase substantially the geographical area served by the
resource recovery facility and the ability of the resource
recovery facility to operate more efficiently on a regional
basis and the facility meets the criteria in paragraph (c), the
second clause (2). A transfer station eligible for assistance
under this paragraph is not eligible for assistance under any
other paragraph of this subdivision.
Sec. 124. [115A.545] [MIXED MUNICIPAL SOLID WASTE
PROCESSING PAYMENT.]
Subdivision 1. [DEFINITION.] For the purpose of this
section, "processed" means mixed municipal solid waste that has
been:
(1) burned for energy recovery; or
(2) processed into usable compost or refuse derived fuel.
Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay
counties a processing payment for each ton of mixed municipal
solid waste that is generated in the county and processed at a
resource recovery facility located in Minnesota. The processing
payment shall be $5 for each ton of mixed municipal solid waste
processed.
(b) By the last day of October, January, April, and July,
each county claiming the processing payment shall file a claim
for payment with the director for the three previous months
certifying the number of tons of mixed municipal solid waste
that were generated in the county and processed at a resource
recovery facility. The director shall pay the processing
payments by November 15, February 15, May 15, and August 15 each
year.
(c) If the total amount for which all counties are eligible
in a quarter exceeds the amount available for payment, the
director shall make the payments on a pro rata basis.
(d) All of the money received by a county under this
section must be used to lower the tipping fee for waste to be
processed at a resource recovery facility.
Subd. 3. [EXPIRATION DATE.] The payment in subdivision 2
expires on July 1, 2005. For waste delivered to a resource
recovery facility from April 1, 2005, to June 30, 2005, a county
must submit payment claims by July 31, 2005. The director shall
make the final mixed municipal solid waste processing payments
by August 15, 2005.
Sec. 125. Minnesota Statutes 2000, section 115A.557,
subdivision 2, is amended to read:
Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] A county
receiving money distributed by the director under this section
may use the money only for the development and implementation of
programs to:
(1) reduce the amount of solid waste generated;
(2) recycle the maximum amount of solid waste technically
feasible;
(3) create and support markets for recycled products;
(4) remove problem materials from the solid waste stream
and develop proper disposal options for them;
(5) inform and educate all sectors of the public about
proper solid waste management procedures;
(6) provide technical assistance to public and private
entities to ensure proper solid waste management; and
(7) provide educational, technical, and financial
assistance for litter prevention; and
(8) process mixed municipal solid waste generated in the
county at a resource recovery facility located in Minnesota.
Sec. 126. Minnesota Statutes 2000, section 115A.912,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] Money appropriated to the agency
for waste tire management may be spent for elimination of health
and safety hazards of tire dumps and collection sites, tire dump
abatement, collection, management and clean up of waste tires,
regulation of permitted waste tire facilities, research and
studies to determine the technical and economic feasibility of
uses for tire derived products, public education on waste tire
management, and grants and loans under section 115A.913.
Sec. 127. Minnesota Statutes 2000, section 115A.914,
subdivision 2, is amended to read:
Subd. 2. [AGENCY RULES.] The agency shall adopt rules for
administration of waste tire collector and processor
permits, waste tire nuisance abatement, and waste tire
collection.
Sec. 128. Minnesota Statutes 2000, section 115B.49,
subdivision 4a, is amended to read:
Subd. 4a. [INTERIM FEES.] For the period from July 1, 1999
2001, to June 30, 2001 2003, the commissioner shall, after a
public hearing, but notwithstanding section 16A.1285,
subdivision 4, annually adjust the fees in subdivision 4 as
necessary to maintain an annual income of $650,000. This income
amount supersedes the amount described in Minnesota Statutes
1998, section 115B.49, subdivision 4, paragraph (c), clause (3),
that is in effect until July 1, 2001.
Sec. 129. Minnesota Statutes 2000, section 115C.07,
subdivision 3, is amended to read:
Subd. 3. [RULES.] (a) The board shall adopt rules
regarding its practices and procedures, the form and procedure
for applications for compensation from the fund, procedures for
investigation of claims and specifying the costs that are
eligible for reimbursement from the fund.
(b) By January 1, 1994, the board shall publish proposed
rules establishing a fee schedule of costs or criteria for
evaluating the reasonableness of costs submitted for
reimbursement. The board shall adopt the rules by June 1, 1994.
(c) The board may adopt rules requiring certification of
environmental consultants.
(d) (c) The board may adopt other rules necessary to
implement this chapter.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to applications received
on or after the day following final enactment.
Sec. 130. Minnesota Statutes 2000, section 115C.09,
subdivision 1, is amended to read:
Subdivision 1. [REIMBURSABLE COSTS.] (a) The board shall
provide reimbursement to eligible applicants for reimbursable
costs.
(b) The following costs are reimbursable for purposes of
this chapter:
(1) corrective action costs incurred by the applicant and
documented in a form prescribed by the board, except the costs
related to the physical removal of a tank; and
(2) costs that the responsible person is legally obligated
to pay as damages to third parties for bodily injury, property
damage, or corrective action costs incurred by a third party
caused by a release where the responsible person's liability for
the costs has been established by a court order or
court-approved settlement;.
(3) up to 180 days worth of interest costs associated with
the financing of corrective action and incurred by the applicant
in a written financing contract signed by the applicant and
executed after May 25, 1991. Interest costs are not eligible
for reimbursement to the extent they exceed two percentage
points above the adjusted prime rate charged by banks, as
defined in section 270.75, subdivision 5, at the time the
financing contract was executed; and
(4) preremoval site assessment costs incurred by the
applicant and eligible for reimbursement under section 115C.092.
(c) A cost for liability to a third party is incurred by
the responsible person when an order or court-approved
settlement is entered that sets forth the specific costs
attributed to the liability. Except as provided in this
paragraph, reimbursement may not be made for costs of liability
to third parties until all eligible corrective action costs have
been reimbursed. If a corrective action is expected to continue
in operation for more than one year after it has been fully
constructed or installed, the board may estimate the future
expense of completing the corrective action and, after
subtracting this estimate from the total reimbursement available
under subdivision 3, reimburse the costs for liability to third
parties. The total reimbursement may not exceed the limit set
forth in subdivision 3.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to applications received
on or after the day following final enactment.
Sec. 131. Minnesota Statutes 2000, section 115C.09,
subdivision 2a, is amended to read:
Subd. 2a. [APPLICATION FOR REIMBURSEMENT.] (a) The board
may consider Applications for reimbursement may be submitted for
consideration by the board at the following stages:
(1) after the commissioner approves corrective actions
related to soil excavation and treatment or after the
commissioner determines that further soil excavation and
treatment should not be done. costs have been incurred, and the
associated tasks completed, for excavation basin soil sampling,
excavation of contaminated soil, treatment of contaminated soil,
or remedial investigation costs tasks such as soil borings
boring drilling, monitoring wells well installation, vapor risk
assessment, and well searches are reimbursable at this stage,
but groundwater receptor survey; corrective action costs
relating to the construction and installation of a comprehensive
corrective action design system are not reimbursable at this
stage; and
(2) after costs have been incurred, and the associated
tasks completed, for tasks related to the construction and
installation of a comprehensive corrective action design system,
but only if the commissioner approves has approved a
comprehensive plan for corrective action that will adequately
address the entire release, including groundwater contamination
if necessary, for corrective action costs related to the
construction and installation of a comprehensive corrective
action design system.
(b) An applicant shall not submit an application for
reimbursement more frequently than four times per 12-month
period unless the application is for more than $2,000 in
reimbursement.
(b) (c) The commissioner shall review a plan, and provide
an approval or disapproval to the applicant and the board,
within 60 days in the case of a plan submitted under paragraph
(a), clause (1), and within 120 days in the case of a plan
submitted under paragraph (a), clause (2), or the commissioner
shall explain to the board why additional time is necessary.
The board shall consider a complete initial application within
60 days of its submission of the application under paragraph
(a), clause (1), and shall consider a complete supplemental
application within 120 days of its submission of the application
under paragraph (a), clause (2), or the board shall explain for
the record why additional time is necessary. For purposes of
the preceding sentence, board consideration of an application is
timely if it occurs at the regularly scheduled meeting following
the deadline. Board staff may review applications submitted to
the board at the same time the commissioner considers the
appropriateness of the corrective action, but the board may not
act on the application until after the commissioner's approval
is received.
(c) (d) A reimbursement may not be made unless the board
determines that the commissioner has determined that the
corrective action was appropriate in terms of protecting public
health, welfare, and the environment.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to applications received
on or after the day following final enactment.
Sec. 132. Minnesota Statutes 2000, section 115C.09,
subdivision 3, is amended to read:
Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a)
The board shall reimburse an eligible applicant from the fund in
the following amounts: for 90 percent of the total reimbursable
costs incurred at the site, except that the board may reimburse
an eligible applicant from the fund for greater than 90 percent
of the total reimbursable costs, if the applicant previously
qualified for a higher reimbursement rate.
(1) 90 percent of the total reimbursable costs on the first
$250,000 and 75 percent on any remaining costs in excess of
$250,000 on a site;
(2) for corrective actions at a residential site used as a
permanent residence at the time the release was discovered, 92.5
percent of the total reimbursable costs on the first $100,000
and 100 percent of any remaining costs in excess of $100,000; or
(3) 90 percent of the total reimbursable costs on the first
$250,000 and 100 percent of the cumulative total reimbursable
costs in excess of $250,000 at all sites in which the
responsible person had interest, and for which the commissioner
has not issued a closure letter as of April 3, 1996, if the
responsible person dispensed less than 1,000,000 gallons of
petroleum at each location in each of the last three calendar
years that the responsible person dispensed petroleum at the
location and:
(i) has owned no more than three locations in the state at
which motor fuel was dispensed into motor vehicles and has
discontinued operation of all petroleum retail operations; or
(ii) has owned no more than one location in the state at
which motor fuel was dispensed into motor vehicles. Not more
than $1,000,000 may be reimbursed for costs associated with a
single release, regardless of the number of persons eligible for
reimbursement, and not more than $2,000,000 may be reimbursed
for costs associated with a single tank facility.
(b) A reimbursement may not be made from the fund under
this chapter until the board has determined that the costs for
which reimbursement is requested were actually incurred and were
reasonable.
(c) When an applicant has obtained responsible competitive
bids or proposals according to rules promulgated under this
chapter prior to June 1, 1995, the eligible costs for the tasks,
procedures, services, materials, equipment, and tests of the low
bid or proposal are presumed to be reasonable by the board,
unless the costs of the low bid or proposal are substantially in
excess of the average costs charged for similar tasks,
procedures, services, materials, equipment, and tests in the
same geographical area during the same time period.
(d) When an applicant has obtained a minimum of two
responsible competitive bids or proposals on forms prescribed by
the board and where the rules promulgated under this chapter
after June 1, 1995, designate maximum costs for specific tasks,
procedures, services, materials, equipment and tests, the
eligible costs of the low bid or proposal are deemed reasonable
if the costs are at or below the maximums set forth in the rules.
(e) Costs incurred for change orders executed as prescribed
in rules promulgated under this chapter after June 1, 1995, are
presumed reasonable if the costs are at or below the maximums
set forth in the rules, unless the costs in the change order are
above those in the original bid or proposal or are
unsubstantiated and inconsistent with the process and standards
required by the rules.
(f) A reimbursement may not be made from the fund in
response to either an initial or supplemental application for
costs incurred after June 4, 1987, that are payable under an
applicable insurance policy, except that if the board finds that
the applicant has made reasonable efforts to collect from an
insurer and failed, the board shall reimburse the applicant.
(g) If the board reimburses an applicant for costs for
which the applicant has insurance coverage, the board is
subrogated to the rights of the applicant with respect to that
insurance coverage, to the extent of the reimbursement by the
board. The board may request the attorney general to bring an
action in district court against the insurer to enforce the
board's subrogation rights. Acceptance by an applicant of
reimbursement constitutes an assignment by the applicant to the
board of any rights of the applicant with respect to any
insurance coverage applicable to the costs that are reimbursed.
Notwithstanding this paragraph, the board may instead request a
return of the reimbursement under subdivision 5 and may employ
against the applicant the remedies provided in that subdivision,
except where the board has knowingly provided reimbursement
because the applicant was denied coverage by the insurer.
(h) Money in the fund is appropriated to the board to make
reimbursements under this chapter. A reimbursement to a state
agency must be credited to the appropriation account or accounts
from which the reimbursed costs were paid.
(i) The board may reduce the amount of reimbursement to be
made under this chapter if it finds that the applicant has not
complied with a provision of this chapter, a rule or order
issued under this chapter, or one or more of the following
requirements:
(1) the agency was given notice of the release as required
by section 115.061;
(2) the applicant, to the extent possible, fully cooperated
with the agency in responding to the release;
(3) the state rules applicable after December 22, 1993, to
operating an underground storage tank and appurtenances without
leak detection;
(4) the state rules applicable after December 22, 1998, to
operating an underground storage tank and appurtenances without
corrosion protection or spill and overfill protection; and
(5) the state rule applicable after November 1, 1998, to
operating an aboveground tank without a dike or other structure
that would contain a spill at the aboveground tank site.
(j) The reimbursement may be reduced as much as 100 percent
for failure by the applicant to comply with the requirements in
paragraph (i), clauses (1) to (5). In determining the amount of
the reimbursement reduction, the board shall consider:
(1) the reasonable determination by the agency that the
noncompliance poses a threat to the environment;
(2) whether the noncompliance was negligent, knowing, or
willful;
(3) the deterrent effect of the award reduction on other
tank owners and operators;
(4) the amount of reimbursement reduction recommended by
the commissioner; and
(5) the documentation of noncompliance provided by the
commissioner.
(k) An applicant may assign the right to receive
reimbursement to each lender who advanced funds to pay the costs
of the corrective action or to each contractor or consultant who
provided corrective action services. An assignment must be made
by filing with the board a document, in a form prescribed by the
board, indicating the identity of the applicant, the identity of
the assignee, the dollar amount of the assignment, and the
location of the corrective action. An assignment signed by the
applicant is valid unless terminated by filing a termination
with the board, in a form prescribed by the board, which must
include the written concurrence of the assignee. The board
shall maintain an index of assignments filed under this
paragraph. The board shall pay the reimbursement to the
applicant and to one or more assignees by a multiparty check.
The board has no liability to an applicant for a payment under
an assignment meeting the requirements of this paragraph.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to applications received
on or after the day following final enactment.
Sec. 133. Minnesota Statutes 2000, section 115C.09,
subdivision 3h, is amended to read:
Subd. 3h. [REIMBURSEMENT; ABOVEGROUND TANKS IN BULK
PLANTS.] (a) As used in this subdivision, "bulk plant" means an
aboveground or underground tank facility with a storage capacity
of more than 1,100 gallons but less than 1,000,000 gallons that
is used to dispense petroleum into cargo tanks for
transportation and sale at another location.
(b) Notwithstanding any other provision in this chapter and
any rules adopted pursuant to this chapter, the board shall
reimburse 90 percent of an applicant's cost for bulk plant
upgrades or closures completed between June 1, 1998, and
November 1, 2003, to comply with Minnesota Rules, chapter 7151,
provided that the board determines the costs were incurred and
reasonable. The reimbursement may not exceed $10,000 per bulk
plant.
(c) For corrective action at a bulk plant located on what
is or was railroad right-of-way, the board shall reimburse 90
percent of total reimbursable costs on the first $40,000 of
reimbursable costs and 100 percent of any remaining reimbursable
costs when the applicant can document that more than one bulk
plant was operated on the same section of right-of-way, as
determined by the commissioner of commerce.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to applications received
on or after the day following final enactment.
Sec. 134. Minnesota Statutes 2000, section 115C.093, is
amended to read:
115C.093 [CORRECTIVE ACTION PERFORMANCE AUDITS.]
(a) The board shall may contract for performance audits of
corrective actions for which reimbursement is sought under
section 115C.09, subdivision 3, paragraph (a), clause (3), and
may contract for audits of other corrective actions.
(b) A responsible person may request a performance audit
under this section. If the board denies the request, it must
provide the requester with the reasons for the denial.
(c) A performance audit conducted under this section must
evaluate the adequacy of the corrective actions, the validity of
the corrective action costs, and whether alternative methods or
technologies could have been used to carry out the corrective
actions at a lower cost. The board shall report the results of
audits conducted under this section to the chairs of the senate
committees on environment and natural resources and commerce and
consumer protection, the finance division of the senate
committee on environment and natural resources, and the house of
representatives committees on environment and natural resources,
environment and natural resources finance, and commerce,
tourism, and consumer affairs. Money in the fund is
appropriated to the board for the purposes of this section.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to applications received
on or after the day following final enactment.
Sec. 135. Minnesota Statutes 2000, section 115C.112, is
amended to read:
115C.112 [CONSULTANT AND CONTRACTOR SANCTIONS; ACTIONS
BASED ON CONDUCT OCCURRING ON AND AFTER MARCH 14, 1996.]
The commissioner of commerce may by order deny a
registration, censure, suspend, or revoke a registrant and
require payment of all costs of proceedings resulting in an
action instituted under this section and impose a civil penalty
of not more than $10,000 if the commissioner of commerce finds:
(i) that the order is in the public interest; and (ii) that the
registrant or, in the case of a registrant that is not a natural
person, any partner, officer, or director, any person occupying
a similar status or performing similar functions, or any person
directly or indirectly controlling the registrant:
(1) has engaged in conduct that departs from or fails to
conform to the minimal standards of acceptable and prevailing
engineering, hydrogeological, or other technical practices
within the reasonable control of the consultant or contractor;
(2) has participated in a kickback scheme prohibited under
section 115C.045;
(3) has engaged in conduct likely to deceive or defraud, or
demonstrating a willful or careless disregard for public health
or the environment;
(4) has committed fraud, embezzlement, theft, forgery,
bribery, falsified or destroyed records, made false statements,
received stolen property, made false claims, or obstructed
justice;
(5) is the subject of an order revoking, suspending,
restricting, limiting, or imposing other disciplinary action
against the contractor's or consultant's license or
certification in another state or jurisdiction;
(6) if the person is a consultant, has failed to comply
with any of the ongoing obligations for registration as a
consultant in section 115C.11, subdivision 1;
(7) has failed to comply with any provision or any rule or
order under this chapter or chapter 45;
(8) has engaged in anticompetitive activity;
(9) has performed corrective action without having an
accurate and complete registration on file with the board or has
allowed another to perform corrective action when that party
does not have a complete registration on file with the board;
(10) has been shown to be incompetent, untrustworthy, or
financially irresponsible; or
(11) has made or assisted another in making any material
misrepresentation or omission to the board, commissioner,
commissioner of commerce, or upon reasonable request has
withheld or concealed information from, or refused to furnish
information to, the board, commissioner, or commissioner of
commerce; or
(12) has failed to reasonably supervise its employees or
representatives to assure their compliance with this chapter and
Minnesota Rules, chapter 2890.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to applications received
on or after the day following final enactment.
Sec. 136. Minnesota Statutes 2000, section 115C.13, is
amended to read:
115C.13 [REPEALER.]
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04,
115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09,
115C.092, 115C.093, 115C.10, 115C.11, and 115C.111, 115C.112,
115C.12, and 115C.13, are repealed effective June 30, 2005.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to applications received
on or after the day following final enactment.
Sec. 137. Minnesota Statutes 2000, section 116.07,
subdivision 2, is amended to read:
Subd. 2. [ADOPTION OF STANDARDS.] The pollution control
agency shall improve air quality by promoting, in the most
practicable way possible, the use of energy sources and waste
disposal methods which produce or emit the least air
contaminants consistent with the agency's overall goal of
reducing all forms of pollution. The agency shall also adopt
standards of air quality, including maximum allowable standards
of emission of air contaminants from motor vehicles, recognizing
that due to variable factors, no single standard of purity of
air is applicable to all areas of the state. In adopting
standards the pollution control agency shall give due
recognition to the fact that the quantity or characteristics of
air contaminants or the duration of their presence in the
atmosphere, which may cause air pollution in one area of the
state, may cause less or not cause any air pollution in another
area of the state, and it shall take into consideration in this
connection such factors, including others which it may deem
proper, as existing physical conditions, zoning classifications,
topography, prevailing wind directions and velocities, and the
fact that a standard of air quality which may be proper as to an
essentially residential area of the state, may not be proper as
to a highly developed industrial area of the state. Such
standards of air quality shall be premised upon scientific
knowledge of causes as well as effects based on technically
substantiated criteria and commonly accepted practices. No
local government unit shall set standards of air quality which
are more stringent than those set by the pollution control
agency.
The pollution control agency shall promote solid waste
disposal control by encouraging the updating of collection
systems, elimination of open dumps, and improvements in
incinerator practices. The agency shall also adopt standards
for the control of the collection, transportation, storage,
processing, and disposal of solid waste and sewage sludge for
the prevention and abatement of water, air, and land pollution,
recognizing that due to variable factors, no single standard of
control is applicable to all areas of the state. In adopting
standards, the pollution control agency shall give due
recognition to the fact that elements of control which may be
reasonable and proper in densely populated areas of the state
may be unreasonable and improper in sparsely populated or remote
areas of the state, and it shall take into consideration in this
connection such factors, including others which it may deem
proper, as existing physical conditions, topography, soils and
geology, climate, transportation, and land use. Such standards
of control shall be premised on technical criteria and commonly
accepted practices.
The pollution control agency shall also adopt standards
describing the maximum levels of noise in terms of sound
pressure level which may occur in the outdoor atmosphere,
recognizing that due to variable factors no single standard of
sound pressure is applicable to all areas of the state. Such
standards shall give due consideration to such factors as the
intensity of noises, the types of noises, the frequency with
which noises recur, the time period for which noises continue,
the times of day during which noises occur, and such other
factors as could affect the extent to which noises may be
injurious to human health or welfare, animal or plant life, or
property, or could interfere unreasonably with the enjoyment of
life or property. In adopting standards, the pollution control
agency shall give due recognition to the fact that the quantity
or characteristics of noise or the duration of its presence in
the outdoor atmosphere, which may cause noise pollution in one
area of the state, may cause less or not cause any noise
pollution in another area of the state, and it shall take into
consideration in this connection such factors, including others
which it may deem proper, as existing physical conditions,
zoning classifications, topography, meteorological conditions
and the fact that a standard which may be proper in an
essentially residential area of the state, may not be proper as
to a highly developed industrial area of the state. Such noise
standards shall be premised upon scientific knowledge as well as
effects based on technically substantiated criteria and commonly
accepted practices. No local governing unit shall set standards
describing the maximum levels of sound pressure which are more
stringent than those set by the pollution control agency.
The pollution control agency shall adopt standards for the
identification of hazardous waste and for the management,
identification, labeling, classification, storage, collection,
transportation, processing, and disposal of hazardous waste,
recognizing that due to variable factors, a single standard of
hazardous waste control may not be applicable to all areas of
the state. In adopting standards, the pollution control agency
shall recognize that elements of control which may be reasonable
and proper in densely populated areas of the state may be
unreasonable and improper in sparsely populated or remote areas
of the state. The agency shall consider existing physical
conditions, topography, soils, and geology, climate,
transportation and land use. Standards of hazardous waste
control shall be premised on technical knowledge, and commonly
accepted practices. Hazardous waste generator licenses may be
issued for a term not to exceed five years. No local government
unit shall set standards of hazardous waste control which are in
conflict or inconsistent with those set by the pollution control
agency.
A person who generates less than 100 kilograms of hazardous
waste per month is exempt from the following agency hazardous
waste rules:
(1) rules relating to transportation, manifesting, storage,
and labeling for photographic fixer and X-ray negative wastes
that are hazardous solely because of silver content; and
(2) any rule requiring the generator to send to the agency
or commissioner a copy of each manifest for the transportation
of hazardous waste for off-site treatment, storage, or disposal,
except that counties within the metropolitan area may require
generators to provide manifests.
Nothing in this paragraph exempts the generator from the
agency's rules relating to on-site accumulation or outdoor
storage. A political subdivision or other local unit of
government may not adopt management requirements that are more
restrictive than this paragraph.
Sec. 138. Minnesota Statutes 2000, section 116.70,
subdivision 1, is amended to read:
Subdivision 1. [APPLICABILITY.] The definitions in this
section apply to sections 116.71 116.731 to 116.734.
Sec. 139. Minnesota Statutes 2000, section 116O.09,
subdivision 1a, is amended to read:
Subd. 1a. [BOARD OF DIRECTORS.] The board of directors of
the agricultural utilization research institute is comprised of:
(1) the chairs of the senate agriculture and rural
development committee and the house of representatives
committees with jurisdiction over agriculture committee policy;
(2) two representatives of statewide farm organizations;
(3) two representatives of agribusiness, one of whom is a
member of the Minnesota Technology, Inc. board representing
agribusiness; and
(4) three representatives of the commodity promotion
councils.
A member of the board of directors under clauses (1) to (4)
may designate a permanent or temporary replacement member
representing the same constituency.
Sec. 140. [116P.14] [FEDERAL LAND AND WATER CONSERVATION
FUNDS.]
Subdivision 1. [DESIGNATED AGENCY.] The department of
natural resources is designated as the state agency to apply
for, accept, receive, and disburse federal reimbursement funds
and private funds, which are granted to the state of Minnesota
from the federal Land and Water Conservation Fund Act.
Subd. 2. [STATE LAND AND WATER CONSERVATION ACCOUNT;
CREATION.] A state land and water conservation account is
created in the Minnesota future resources fund. All of the
money made available to the state from funds granted under
subdivision 1 shall be deposited in the state land and water
conservation account.
Subd. 3. [LOCAL SHARE.] Fifty percent of all money made
available to the state from funds granted under subdivision 1
shall be distributed for projects to be acquired, developed, and
maintained by local units of government, providing that any
project approved is consistent with a statewide or a county or
regional recreational plan and compatible with the statewide
recreational plan. All money received by the commissioner for
local units of government is appropriated annually to carry out
the purposes for which the funds are received.
Subd. 4. [STATE SHARE.] Fifty percent of the money made
available to the state from funds granted under subdivision 1
shall be used for state land acquisition and development for the
state outdoor recreation system under chapter 86A and the
administrative expenses necessary to maintain eligibility for
the federal Land and Water Conservation Fund.
Sec. 141. [116P.15] [LAND ACQUISITION RESTRICTIONS.]
Subdivision 1. [SCOPE.] A recipient of an appropriation
from the trust fund or the Minnesota future resources fund who
acquires an interest in real property with the appropriation
must comply with this section. For the purposes of this
section, "interest in real property" includes, but is not
limited to, an easement or fee title to property.
Subd. 2. [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An
interest in real property acquired with an appropriation from
the trust fund or the Minnesota future resources fund must be
used in perpetuity or for the specific term of an easement
interest for the purpose for which the appropriation was made.
(b) A recipient of funding who acquires an interest in real
property subject to this section may not alter the intended use
of the interest in real property or convey any interest in the
real property without the prior review and approval of the
commission. The commission shall establish procedures to review
requests from recipients to alter the use of or convey an
interest in real property. These procedures shall allow for the
replacement of the interest in real property with another
interest in real property meeting the following criteria:
(1) the interest is at least equal in fair market value, as
certified by the commissioner of natural resources, to the
interest being replaced; and
(2) the interest is in a reasonably equivalent location,
and has a reasonably equivalent usefulness compared to the
interest being replaced.
(c) An interest in real property acquired with an
appropriation from the trust fund or the Minnesota future
resources fund to be held by an entity other than this state
shall include the following restrictive covenant on the
conveyance instrument used to acquire the real property
interests:
"The above described property shall be administered in
accordance with the terms, conditions, and purposes of the grant
agreement or work program controlling the acquisition of the
property. The property, or any portion of the property, shall
not be sold, transferred, pledged, or otherwise disposed of or
further encumbered without obtaining the prior written approval
of the legislative commission on Minnesota resources. If the
holder of the property fails to comply with the terms and
conditions of the grant agreement or work program, ownership of
the property shall revert to this state."
Sec. 142. Minnesota Statutes 2000, section 223.17,
subdivision 3, is amended to read:
Subd. 3. [GRAIN BUYERS AND STORAGE 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.
The fee for any license issued or renewed after June 30,
1997 2001, shall be set according to the following schedule:
(a) $100 $125 plus $50 $100 for each additional location
for grain buyers whose gross annual purchases are less than
$100,000;
(b) $200 $250 plus $50 $100 for each additional location
for grain buyers whose gross annual purchases are at least
$100,000, but not more than $750,000;
(c) $300 $375 plus $100 $200 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 $500 plus $100 $200 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 $625 plus $100 $200 for each additional location
for grain buyers whose gross annual purchases are more than
$3,000,000.
There is created 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 account and is
appropriated to the commissioner for the administration and
enforcement of sections 223.15 to 223.22.
Sec. 143. Minnesota Statutes 2000, section 231.16, is
amended to read:
231.16 [WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE
OPERATOR TO OBTAIN LICENSE.]
A warehouse operator or household goods warehouse operator
must be licensed annually by the department. The department
shall prescribe the form of the written application. If the
department approves the license application and the applicant
files with the department the necessary bond, in the case of
household goods warehouse operators, or proof of warehouse
operators legal liability insurance coverage in an amount of
$50,000 or more, as provided for in this chapter, the department
shall issue the license upon payment of the license fee required
in this section. A warehouse operator or household goods
warehouse operator to whom a license is issued shall pay a fee
as follows:
Building square footage used for public storage
(1) 5,000 or less $ 80 $100
(2) 5,001 to 10,000 $155 $200
(3) 10,001 to 20,000 $250 $300
(4) 20,001 to 100,000 $315 $400
(5) 100,001 to 200,000 $410 $500
(6) over 200,000 $470 $600
Fees collected under this chapter must be paid into the
grain buyers and storage account established in section 232.22.
The license must be renewed annually on or before July 1,
and always upon payment of the full license fee required in this
section. No license shall be issued for any portion of a year
for less than the full amount of the license fee required in
this section. Each license obtained under this chapter must be
publicly displayed in the main office of the place of business
of the warehouse operator or household goods warehouse operator
to whom it is issued. The license authorizes the warehouse
operator or household goods 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.
A license may be refused for good cause shown and revoked
by the department for violation of law or of any rule adopted by
the department, upon notice and after hearing.
Sec. 144. Minnesota Statutes 2000, section 256J.20,
subdivision 3, is amended to read:
Subd. 3. [OTHER PROPERTY LIMITATIONS.] To be eligible for
MFIP, the equity value of all nonexcluded real and personal
property of the assistance unit must not exceed $2,000 for
applicants and $5,000 for ongoing participants. The value of
assets in clauses (1) to (20) (19) must be excluded when
determining the equity value of real and personal property:
(1) a licensed vehicle up to a loan value of less than or
equal to $7,500. The county agency shall apply any excess loan
value as if it were equity value to the asset limit described in
this section. If the assistance unit owns more than one
licensed vehicle, the county agency shall determine the vehicle
with the highest loan value and count only the loan value over
$7,500, excluding: (i) the value of one vehicle per physically
disabled person when the vehicle is needed to transport the
disabled unit member; this exclusion does not apply to mentally
disabled people; (ii) the value of special equipment for a
handicapped member of the assistance unit; and (iii) any vehicle
used for long-distance travel, other than daily commuting, for
the employment of a unit member.
The county agency shall count the loan value of all other
vehicles and apply this amount as if it were equity value to the
asset limit described in this section. To establish the loan
value of vehicles, a county agency must use the N.A.D.A.
Official Used Car Guide, Midwest Edition, for newer model cars.
When a vehicle is not listed in the guidebook, or when the
applicant or participant disputes the loan value listed in the
guidebook as unreasonable given the condition of the particular
vehicle, the county agency may require the applicant or
participant document the loan value by securing a written
statement from a motor vehicle dealer licensed under section
168.27, stating the amount that the dealer would pay to purchase
the vehicle. The county agency shall reimburse the applicant or
participant for the cost of a written statement that documents a
lower loan value;
(2) the value of life insurance policies for members of the
assistance unit;
(3) one burial plot per member of an assistance unit;
(4) the value of personal property needed to produce earned
income, including tools, implements, farm animals, inventory,
business loans, business checking and savings accounts used at
least annually and used exclusively for the operation of a
self-employment business, and any motor vehicles if at least 50
percent of the vehicle's use is to produce income and if the
vehicles are essential for the self-employment business;
(5) the value of personal property not otherwise specified
which is commonly used by household members in day-to-day living
such as clothing, necessary household furniture, equipment, and
other basic maintenance items essential for daily living;
(6) the value of real and personal property owned by a
recipient of Supplemental Security Income or Minnesota
supplemental aid;
(7) the value of corrective payments, but only for the
month in which the payment is received and for the following
month;
(8) a mobile home or other vehicle used by an applicant or
participant as the applicant's or participant's home;
(9) money in a separate escrow account that is needed to
pay real estate taxes or insurance and that is used for this
purpose;
(10) money held in escrow to cover employee FICA, employee
tax withholding, sales tax withholding, employee worker
compensation, business insurance, property rental, property
taxes, and other costs that are paid at least annually, but less
often than monthly;
(11) monthly assistance, emergency assistance, and
diversionary payments for the current month's needs;
(12) the value of school loans, grants, or scholarships for
the period they are intended to cover;
(13) payments listed in section 256J.21, subdivision 2,
clause (9), which are held in escrow for a period not to exceed
three months to replace or repair personal or real property;
(14) income received in a budget month through the end of
the payment month;
(15) savings from earned income of a minor child or a minor
parent that are set aside in a separate account designated
specifically for future education or employment costs;
(16) the federal earned income credit, Minnesota working
family credit, state and federal income tax refunds, state
homeowners and renters credits under chapter 290A, property tax
rebates and other federal or state tax rebates in the month
received and the following month;
(17) payments excluded under federal law as long as those
payments are held in a separate account from any nonexcluded
funds;
(18) money received by a participant of the corps to career
program under section 84.0887, subdivision 2, paragraph (b), as
a postservice benefit under the federal Americorps Act;
(19) the assets of children ineligible to receive MFIP
benefits because foster care or adoption assistance payments are
made on their behalf; and
(20) (19) the assets of persons whose income is excluded
under section 256J.21, subdivision 2, clause (43).
Sec. 145. Minnesota Statutes 2000, section 296A.01,
subdivision 19, is amended to read:
Subd. 19. [E85.] "E85" means a petroleum product that is a
blend of agriculturally derived denatured ethanol and
gasoline or natural gasoline that typically contains 85 percent
ethanol by volume, but at a minimum must contain 60 percent
ethanol by volume. For the purposes of this chapter, the energy
content of E85 will be considered to be 82,000 BTUs per gallon.
E85 produced for use as a motor fuel in alternative fuel
vehicles as defined in section 296A.01, subdivision 5, must
comply with ASTM specification D 5798-96.
Sec. 146. Minnesota Statutes 2000, section 297A.94, is
amended to read:
297A.94 [DEPOSIT OF REVENUES.]
(a) Except as provided in this section, the commissioner
shall deposit the revenues, including interest and penalties,
derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.
(b) The commissioner shall deposit taxes in the Minnesota
agricultural and economic account in the special revenue fund if:
(1) the taxes are derived from sales and use of property
and services purchased for the construction and operation of an
agricultural resource project; and
(2) the purchase was made on or after the date on which a
conditional commitment was made for a loan guaranty for the
project under section 41A.04, subdivision 3.
The commissioner of finance shall certify to the commissioner
the date on which the project received the conditional
commitment. The amount deposited in the loan guaranty account
must be reduced by any refunds and by the costs incurred by the
department of revenue to administer and enforce the assessment
and collection of the taxes.
(c) The commissioner shall deposit the revenues, including
interest and penalties, derived from the taxes imposed on sales
and purchases included in section 297A.61, subdivision 16,
paragraphs (b) and (f), in the state treasury, and credit them
as follows:
(1) first to the general obligation special tax bond debt
service account in each fiscal year the amount required by
section 16A.661, subdivision 3, paragraph (b); and
(2) after the requirements of clause (1) have been met, the
balance to the general fund.
(d) The commissioner shall deposit the revenues, including
interest and penalties, collected under section 297A.64,
subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall
transfer to the highway user tax distribution fund an amount
equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.
(e) For fiscal year 2001, 97 percent,; for fiscal years
2002 and 2003, 87 percent; and for fiscal year 2002 2004 and
thereafter, 87 88.5 percent of the revenues, including interest
and penalties, transmitted to the commissioner under section
297A.65, must be deposited by the commissioner in the state
treasury as follows:
(1) 50 percent of the receipts must be deposited in the
heritage enhancement account in the game and fish fund, and may
be spent only on activities that improve, enhance, or protect
fish and wildlife resources, including conservation,
restoration, and enhancement of land, water, and other natural
resources of the state;
(2) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only for state parks
and trails;
(3) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only on metropolitan
park and trail grants;
(4) three percent of the receipts must be deposited in the
natural resources fund, and may be spent only on local trail
grants; and
(5) two percent of the receipts must be deposited in the
natural resources fund, and may be spent only for the Minnesota
zoological garden, the Como park zoo and conservatory, and the
Duluth zoo.
(f) The revenue dedicated under paragraph (e) may not be
used as a substitute for traditional sources of funding for the
purposes specified, but the dedicated revenue shall supplement
traditional sources of funding for those purposes. Land
acquired with money deposited in the game and fish fund under
paragraph (e) must be open to public hunting and fishing during
the open season. At least 87 percent of the money deposited in
the game and fish fund for improvement, enhancement, or
protection of fish and wildlife resources under paragraph (e)
must be allocated for field operations.
Sec. 147. Minnesota Statutes 2000, section 473.845,
subdivision 3, is amended to read:
Subd. 3. [EXPENDITURES FROM THE FUND.] Money in the fund
may only be is appropriated to the agency for expenditure for:
(1) reasonable and necessary expenses for closure and
postclosure care of a mixed municipal solid waste disposal
facility in the metropolitan area for a 30-year period after
closure, if the agency determines that the operator or owner
will not take the necessary actions requested by the agency for
closure and postclosure in the manner and within the time
requested;
(2) reasonable and necessary response and postclosure costs
at a mixed municipal solid waste disposal facility in the
metropolitan area that has been closed for 30 years in
compliance with the closure and postclosure rules of the agency;
or
(3) reimbursement to a local government unit for costs
incurred over $400,000 under a work plan approved by the
commissioner of the agency to remediate methane at a closed
disposal facility owned by the local government unit; or
(4) reasonable and necessary response costs at an
unpermitted facility for mixed municipal solid waste disposal in
the metropolitan area that was permitted by the agency for
disposal of sludge ash from a wastewater treatment facility.
Sec. 148. Minnesota Statutes 2000, section 609.687,
subdivision 4, is amended to read:
Subd. 4. [CHARGING DISCRETION.] Criminal proceedings may
be instituted under this section, notwithstanding the provisions
of section 24.141, 29.24, 31.02, 31.601, 34.01, 151.34,
340A.508, subdivision 2, or other law proscribing adulteration
of substances intended for use by persons.
Sec. 149. [626.94] [CONSERVATION LAW ENFORCEMENT
AUTHORITY.]
Subdivision 1. [DEFINITION.] As used in this section,
"Indian conservation enforcement authority" means:
(1) a federally recognized Indian tribe, as defined in
United States Code, title 25, section 450b, subsection (e),
located within Minnesota, provided that the tribe has the
authority to adopt and enforce game, fish, and natural resources
codes governing the conduct of its members within the geographic
boundaries of a reservation or in the 1854 or 1837 ceded
territories; or
(2) an Indian conservation agency having the authority to
adopt or enforce game, fish, and natural resources codes and
regulations governing the conduct of Indians in the 1854 or 1837
ceded territories.
Subd. 2. [INDIAN CONSERVATION ENFORCEMENT AUTHORITY
REQUIREMENTS.] Upon agreement by the commissioner of natural
resources, an Indian conservation enforcement authority may
exercise authority under subdivision 3 if it satisfies the
following minimum requirements:
(1) the Indian conservation enforcement authority agrees to
be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their
employment or duties arising out of the conservation enforcement
powers conferred by this section to the same extent as a
municipality under chapter 466 and the Indian conservation
enforcement authority further agrees, notwithstanding section
16C.05, subdivision 7, to waive its sovereign immunity for
purposes of claims arising out of the liability;
(2) the Indian conservation enforcement authority files
with the board of peace officer standards and training a bond or
certificate of insurance for liability coverage with the maximum
single occurrence amounts set forth in section 466.04 and an
annual cap for all occurrences within a year of three times the
single occurrence amounts;
(3) the Indian conservation enforcement authority files
with the board of peace officer standards and training a
certificate of insurance for liability of its conservation law
enforcement officers, employees, and agents for lawsuits under
the United States Constitution;
(4) the Indian conservation enforcement authority agrees to
be subject to section 13.82 and any other laws of the state
relating to data practices of law enforcement agencies;
(5) the Indian conservation enforcement authority enters
into a written cooperative agreement with the commissioner of
natural resources under section 471.59 to define and regulate
the provision of conservation law enforcement services under
this section and to provide conservation officers employed by
the department of natural resources with authority described in
the cooperative agreement to enforce Indian codes and
regulations on lands agreed upon within the reservation or ceded
territory; and
(6) the Indian conservation enforcement authority appoints
a licensed peace officer to serve as a chief law enforcement
officer with authority to appoint and supervise the authority's
conservation officers under this section.
When entering into an agreement under clause (5), the Indian
conservation enforcement authority is considered a "governmental
unit" as defined under section 471.59, subdivision 1. Nothing
in this section shall be construed to invalidate or limit the
terms of any valid agreement approved by a federal court order.
Subd. 3. [JURISDICTION.] If the requirements of
subdivision 2 are met:
(1) the Indian conservation enforcement authority's chief
law enforcement officer may appoint peace officers, as defined
in section 626.84, subdivision 1, paragraph (c), to serve as
conservation officers having the same powers as conservation
officers employed by the department of natural resources. The
exercise of these powers is limited to the geographical
boundaries of the reservation or ceded territory; and
(2) the jurisdiction of conservation officers appointed
under this subdivision is concurrent with the jurisdiction of
conservation officers employed by the department of natural
resources to enforce the state's game and fish, natural
resource, and recreational laws within the geographical
boundaries of the reservation or ceded territory.
Subd. 4. [EFFECT ON FEDERAL LAW.] Nothing in this section
shall be construed to restrict the Indian conservation
enforcement authority's authority under federal law.
Subd. 5. [CONSTRUCTION.] This section is limited to
conservation enforcement authority only. Nothing in this
section shall affect any other jurisdictional relationship or
dispute or current agreement.
Sec. 150. Laws 1986, chapter 398, article 1, section 18,
as amended by Laws 1987, chapter 292, section 37; Laws 1989,
chapter 350, article 16, section 8; Laws 1990, chapter 525,
section 1; Laws 1991, chapter 208, section 2; Laws 1993, First
Special Session chapter 2, article 6, section 2; Laws 1995,
chapter 212, article 2, section 11; Laws 1997, chapter 183,
article 3, section 29; Laws 1998, chapter 395, section 7; Laws
1998, chapter 402, section 6; Laws 1999, chapter 214, article 2,
section 19; and Laws 2001, chapter 195, article 1, section 23,
is amended to read:
Sec. 18. [REPEALER.]
Sections 1 to 17 and Minnesota Statutes, section 336.9-601,
subsections (h) and (i), and sections 583.284, 583.285, 583.286,
and 583.305, are repealed on July 1, 2001 2003.
Sec. 151. Laws 1995, chapter 220, section 142, as amended
by Laws 1995, chapter 263, section 12, Laws 1996, chapter 351,
section 1, and Laws 1999, chapter 231, section 191, 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, 2001 2007.
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.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 152. Laws 1996, chapter 407, section 32, subdivision
4, is amended to read:
Subd. 4. [ADVISORY COMMITTEE.] (a) A local area advisory
committee is established to provide direction on the
establishment, planning, development, and operation of the Iron
Range off-highway vehicle recreation area. Except as provided
in paragraph (b), the commissioner of natural resources shall
appoint the members of the advisory committee.
(b) Membership on the advisory committee shall include:
(1) a representative of the all-terrain vehicle association
of Minnesota;
(2) a representative of the amateur riders of motorcycles
association;
(3) a representative of the Minnesota four-wheel drive
association;
(4) a representative of the St. Louis county board;
(5) a state representative appointed by the speaker of the
house of representatives;
(6) a state senator appointed by the senate committee on
committees;
(7) a designee of the local environmental community
selected by the area environmental organizations;
(8) a designee of the local tourism community selected by
the iron trail convention and visitors bureau; and
(9) a representative of the Tower regional office of the
department of natural resources.
(c) The advisory committee shall elect its own chair and
meetings shall be at the call of the chair.
(d) The advisory committee members shall serve as
volunteers and accept no per diem.
(e) Notwithstanding Minnesota Statutes, section 15.059,
subdivision 5, or other law to the contrary, the advisory
committee expires June 30, 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 153. Laws 1999, chapter 231, section 16, subdivision
4, is amended to read:
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 $1,324,000 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.
(o) Milan Trail Resurfacing
$160,000 is from the future resources
fund to the commissioner of natural
resources to resurface four miles of
recreational trail from the town of
Milan to Lake Lac Qui Parle in Chippewa
county.
Sec. 154. Laws 2000, chapter 473, section 21, is amended
to read:
Sec. 21. [APPROPRIATIONS.]
$200,000 is appropriated from the state forest suspense
account to the commissioner of natural resources for transfer to
the University of Minnesota Duluth for the purpose of funding
the inventory conducted pursuant to this section and is
available until expended. Because the University of Minnesota
is a land grant university, and because most of the state-owned
land to be inventoried is granted land, the chancellor of the
University of Minnesota Duluth is requested to direct the School
of Business and Economics to conduct an inventory of state-owned
land located within the Boundary Waters Canoe Area for the
purpose of providing the legislature and state officers with
more precise information as to the nature, extent, and value of
the land. The inventory must include the following: (1) a list
of the tracts of state-owned land within the area, together with
the available legal description by government tract, insofar as
possible; (2) the number of linear feet of shoreline in each
tract, together with a general description of that shoreline,
whether it is rocky, sandy, or swampy, or some other descriptive
system that generally describes the shoreland; (3) the acreage
of each tract; (4) a general description of the surface of each
tract, including topography and the predominant vegetative cover
for each tract and any known unique surface features, such as
areas of virgin and other old growth timber; and (5) using
available real estate market value information and accepted real
estate valuation techniques, assign estimates of the value for
each tract, exclusive of minerals and mineral interests, using
each of the real estate valuation techniques adopted for the
inventory. For the purposes of this section, "state-owned land"
is defined as any class of state-owned land, whether it is
granted land such as school, university, swampland, or internal
improvement, or whether it is tax-forfeited, acquired, or
state-owned land of any other classification. At the request of
the university, the commissioner of natural resources shall
promptly provide the university with all published maps, whether
federal, state, or county, together with a descriptive list of
state-owned land in the area, using available legal
descriptions, forest inventories, and other factual information,
published data, and photographs that are necessary for the
university's inventory. From these maps, lists, data, and other
information, the university is requested to prepare a report of
its inventory. The legislature requests that the University of
Minnesota submit the report to the legislature by January 15,
2002 2003.
Sec. 155. [REORGANIZATION OF WATER PROGRAMS AND
FUNCTIONS.]
(a) The director of the office of strategic and long-range
planning shall, according to the schedule provided in paragraph
(c), develop and present to the house and senate chairs of the
committees with jurisdiction over environment and natural
resources policy and finance issues a plan for the
reorganization of the state water programs and functions. The
plan shall be designed to ensure regulatory efficiency and
program effectiveness in that:
(1) all specific plans and implementation projects should
be coordinated with and relate to an overall water management
plan;
(2) similar programs and functions should be assigned to a
single agency, when feasible; and
(3) inherent conflicts of interest should be avoided.
(b) The plan should, at a minimum, allocate the programs
into the following five categories:
(1) overall water management planning;
(2) establishment of water quantity and quality standards,
including biological and chemical indicators;
(3) monitoring and assessment;
(4) technical and financial assistance; education and
training; and implementation; and
(5) enforcement.
The director may develop an alternative allocation of programs
and functions, provided the plan meets the criteria established
in paragraph (a), clauses (1) to (3), and provided the director
first consults with the legislative chairs in paragraph (a).
(c) The director shall provide the proposed plan to the
legislative chairs in paragraph (a) according to the following
schedule:
(1) by August 15, 2001, a chart listing all of the current
water programs and functions provided by state government, with
(i) a brief description of the program, identifying the agency
to which the program is currently assigned; (ii) the number of
full-time equivalent staff assigned to the program; and (iii) a
summary of outcomes expected from each program;
(2) by November 15, 2001, a preliminary plan for
reorganizing the state water programs and functions, with a
chart similar to that provided in clause (1), displaying the
proposed reallocation of programs, functions, and full-time
equivalents to the respective agencies and a summary of outcomes
expected from each program; and
(3) by February 15, 2002, a final plan with associated
chart, and draft legislative language to accomplish the proposed
reorganization. After consultation with the legislative chairs
in paragraph (a), implementation of the proposed plan may be
staged over a number of years to minimize program disruption.
Sec. 156. [TEMPORARY SUSPENSION OF RULE.]
The application of Minnesota Rules, part 1720.0620, is
temporarily suspended from January 1, 2001, to June 1, 2002, for
products used exclusively for poultry.
Sec. 157. [STUDY; MOTOR VEHICLE USE OF STATE AND COUNTY
FOREST ROADS.]
The commissioners of administration, transportation,
natural resources, and revenue shall work with the affected
counties to study and determine the percentage of revenue
received from the unrefunded gasoline and special fuel tax that
is derived from gasoline and special fuel for the operation of
motor vehicles on state forest roads and county forest access
roads. The commissioners shall report the results of this study
by December 1, 2002.
Sec. 158. [MCQUADE ROAD SMALL CRAFT HARBOR ACQUISITION.]
Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature
recognizes the need to provide small craft harbors on Lake
Superior and that it is in the public interest to direct the
commissioner of natural resources to acquire necessary interests
in land in the southwest area of Lake Superior for small craft
harbor purposes.
Subd. 2. [ACQUISITION.] The commissioner shall acquire
interests in land, without undue delay, under Minnesota
Statutes, section 86A.21, paragraph (a), clause (2), as
necessary to provide a small craft harbor on Lake Superior at
McQuade Road.
Sec. 159. [SUNKEN LOG MORATORIUM.]
The commissioner of natural resources must suspend recovery
of sunken logs under Minnesota Statutes, section 103G.650. The
commissioner must not issue leases to remove sunken logs or
permit the removal of sunken logs from inland waters during the
moratorium period. The commissioner must cancel all existing
leases issued under Minnesota Statutes, section 103G.650, and
refund the lease application fees. The permanent moratorium may
be lifted only by an act of the legislature.
Sec. 160. [REPORT BY FINANCE COMMISSIONER.]
(a) The commissioner of finance must identify the following
in the special revenue fund:
(1) accounts where there has been no activity in the past
six years;
(2) accounts where there has been no expenditure for the
past six years;
(3) accounts where the authorizing legislation has been
repealed; and
(4) other account balances determined by the commissioner
as not needed for normal operations.
(b) For purposes of this section, "account" means that
there is or has been specified in law a revenue source and there
is or has been a corresponding expenditure.
(c) The commissioner must complete the responsibilities
specified in paragraph (a) as soon as possible.
(d) The commissioner must report to the chair of the ways
and means committee in the house of representatives and the
chair of the finance committee in the senate on the
commissioner's actions under this section by January 31, 2003.
Sec. 161. [REFUND OF CERTAIN DAIRY FINES.]
For civil fines levied under Minnesota Statutes 1999
Supplement, section 32.21, subdivision 4, paragraph (d), for
violations that occurred between April 13, 2000, and August 1,
2000, the commissioner of agriculture shall waive the amount of
the civil fine that is above the amount required under Minnesota
Statutes 2000, section 32.21, subdivision 4, paragraph (d). The
commissioner shall reimburse the amount waived to dairy
producers who have paid civil fines for violations that occurred
between April 13, 2000, and August 1, 2000.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 162. [REPEALER.]
(a) Minnesota Statutes 2000, sections 13.6435, subdivision
7; 17.042; 17.06; 17.07; 17.108; 17.139; 17.45; 17.76; 17.987;
17A.091, subdivision 1; 17B.21; 17B.23; 17B.24; 17B.25; 17B.26;
17B.27; 18.205; 24.001; 24.002; 24.12; 24.131; 24.135; 24.141;
24.145; 24.151; 24.155; 24.161; 24.171; 24.175; 24.18; 24.181;
25.47; 27.185; 29.025; 29.049; 30.50; 30.51; 31.11, subdivision
2; 31.185; 31.73; 31B.07; 32.11; 32.12; 32.18; 32.19; 32.20;
32.203; 32.204; 32.206; 32.208; 32.471, subdivision 1; 32.474;
32.481, subdivision 2; 32.529; 32.53; 32.531, subdivisions 1, 5,
6, and 7; 32.5311; 32.5312; 32.532; 32.533; 32.534; 32.55,
subdivisions 15, 16, and 17; 33.001; 33.002; 33.01; 33.011;
33.02; 33.03; 33.031; 33.032; 33.06; 33.07; 33.08; 33.09;
33.091; 33.111; 35.04; 35.14; 35.84; 86.71; 86.72; 88.641,
subdivisions 4 and 5; 88.644; 115.55, subdivision 8; 115A.906;
115A.912, subdivisions 2 and 3; 115C.02, subdivisions 11a and
12a; 115C.082; 115C.09, subdivision 3g; 115C.091; 115C.092;
116.67; 116.70, subdivisions 2, 3a, and 4; 116.71; 116.72;
116.73; and 116.74, are repealed.
(b) Minnesota Rules, parts 1560.9000, subpart 2; 7023.9000;
7023.9005; 7023.9010; 7023.9015; 7023.9020; 7023.9025;
7023.9030; 7023.9035; 7023.9040; 7023.9045; 7023.9050;
7080.0020, subparts 24c and 51a; 7080.0400; and 7080.0450, are
repealed.
Sec. 163. [EFFECTIVE DATE.]
Laws 2000, chapter 492, article 1, section 60, applies to
applications made after July 1, 2000, for funding under
Minnesota Statutes, section 446A.072.
Presented to the governor June 27, 2001
Signed by the governor June 29, 2001, 3:30 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes