1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             environmental, natural resources, and agricultural 
  1.4             purposes; establishing and modifying certain programs; 
  1.5             providing for regulation of certain activities and 
  1.6             practices; providing for accounts, assessments, and 
  1.7             fees; amending Minnesota Statutes 2000, sections 
  1.8             15.059, subdivision 5a; 16A.531, subdivision 1, by 
  1.9             adding subdivisions; 17.038; 17.1025; 17.117; 17.457, 
  1.10            subdivision 10; 17.85; 18B.065, subdivision 5; 
  1.11            18C.425, subdivisions 2, 6; 18E.04, subdivisions 2, 4, 
  1.12            5; 21.85, subdivision 12; 27.041, subdivision 2; 
  1.13            28A.04, subdivision 1; 28A.085, subdivision 4; 29.22, 
  1.14            subdivision 2; 31.39; 32.392; 32.394, subdivisions 8a, 
  1.15            8e; 34.07; 41A.09, subdivisions 3a, 5a; 84.025, 
  1.16            subdivision 7; 84.0887, subdivision 4; 84.83, 
  1.17            subdivision 3; 84.925, subdivision 1; 84.9256, 
  1.18            subdivision 1; 85.015, by adding subdivisions; 85.32, 
  1.19            subdivision 1; 86A.21; 89.001, by adding a 
  1.20            subdivision; 89.012; 89A.01, subdivision 3; 89A.05, 
  1.21            subdivisions 1, 2a, 4; 89A.06, subdivisions 2, 2a; 
  1.22            89A.08, subdivision 4; 93.002, subdivision 1; 97A.045, 
  1.23            subdivision 7; 97A.055, subdivision 4a; 97A.405, 
  1.24            subdivision 2; 97A.411, subdivision 2; 97A.473, 
  1.25            subdivisions 2, 3, 5; 97A.474, subdivisions 2, 3; 
  1.26            97A.475, subdivisions 5, 10; 97A.485, subdivision 6; 
  1.27            97B.721; 97C.305; 115.03, by adding a subdivision; 
  1.28            115.073; 115.55, subdivision 3; 115.56, subdivision 4; 
  1.29            115A.0716, by adding a subdivision; 115A.54, 
  1.30            subdivision 2a; 115A.908, subdivisions 1, 2; 115A.912, 
  1.31            subdivision 1; 115A.914, subdivision 2; 115A.9651, 
  1.32            subdivision 6; 115B.17, subdivisions 6, 7, 14, 16; 
  1.33            115B.19; 115B.20; 115B.22, subdivision 7; 115B.25, 
  1.34            subdivisions 1a, 4; 115B.26; 115B.30; 115B.31, 
  1.35            subdivisions 1, 3, 4; 115B.32, subdivision 1; 115B.33, 
  1.36            subdivision 1; 115B.34; 115B.36; 115B.40, subdivision 
  1.37            4; 115B.41, subdivisions 1, 2, 3; 115B.42, subdivision 
  1.38            2; 115B.421; 115B.445; 115B.48, subdivision 2; 
  1.39            115B.49, subdivisions 1, 2, 3, 4, 4a; 115C.07, 
  1.40            subdivision 3; 115C.09, subdivisions 1, 2a, 3, 3h; 
  1.41            115C.093; 115C.112; 115C.13; 116.07, subdivisions 2, 
  1.42            4d, 4h; 116.70, subdivision 1; 116.994; 116C.834, 
  1.43            subdivision 1; 116P.06, subdivision 1; 223.17, 
  1.44            subdivision 3; 231.16; 268.035, subdivision 20; 
  1.45            297A.94; 297H.13, subdivisions 1, 2; 325E.10, 
  1.46            subdivision 1; 325E.112, subdivision 3; 469.175, 
  2.1             subdivision 7; 473.843, subdivision 2; 473.844, 
  2.2             subdivisions 1, 1a; 473.845, subdivisions 3, 7, 8; 
  2.3             473.846; Laws 1995, chapter 220, section 142, as 
  2.4             amended; Laws 1996, chapter 407, section 32, 
  2.5             subdivision 4; Laws 2000, chapter 473, section 21; 
  2.6             proposing coding for new law in Minnesota Statutes, 
  2.7             chapters 28A; 32; 41B; 84; 89; 103G; 116; 116P; 297H; 
  2.8             626; repealing Minnesota Statutes 2000, sections 
  2.9             31.11, subdivision 2; 41A.09, subdivision 1a; 86.71; 
  2.10            86.72; 89A.07, subdivisions 1, 2, 3; 103G.650; 115.55, 
  2.11            subdivision 8; 115A.906; 115A.912, subdivisions 2, 3; 
  2.12            115B.02, subdivision 1a; 115B.19; 115B.22, subdivision 
  2.13            8; 115B.42, subdivision 1; 115C.02, subdivisions 11a, 
  2.14            12a; 115C.082; 115C.09, subdivision 3g; 115C.091; 
  2.15            115C.092; 116.12; 116.67; 116.70, subdivisions 2, 3a, 
  2.16            4; 116.71; 116.72; 116.73; 116.74; 297H.13, 
  2.17            subdivisions 3, 4; 325E.113; 473.845, subdivisions 1, 
  2.18            4; Laws 2000, chapter 337, section 2; Minnesota Rules, 
  2.19            parts 1560.9000, subpart 2; 7002.0210; 7002.0220; 
  2.20            7002.0230; 7002.0240; 7002.0250; 7002.0270; 7002.0280; 
  2.21            7002.0290; 7002.0300; 7002.0305; 7002.0310; 7023.9000; 
  2.22            7023.9005; 7023.9010; 7023.9015; 7023.9020; 7023.9025; 
  2.23            7023.9030; 7023.9035; 7023.9040; 7023.9045; 7023.9050; 
  2.24            7080.0020, subparts 24c, 51a; 7080.0400; 7080.0450. 
  2.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.26                             ARTICLE 1 
  2.27                              GENERAL 
  2.28  Section 1.  [ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE 
  2.29  APPROPRIATIONS.] 
  2.30     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.31  appropriated from the general fund, or another named fund, to 
  2.32  the agencies and for the purposes specified in this article, to 
  2.33  be available for the fiscal years indicated for each purpose.  
  2.34  The figures "2001," "2002," and "2003," where used in this 
  2.35  article, mean that the appropriation or appropriations listed 
  2.36  under them are available for the year ending June 30, 2001, June 
  2.37  30, 2002, or June 30, 2003, respectively.  The term "the first 
  2.38  year" means the year ending June 30, 2002, and the term "the 
  2.39  second year" means the year ending June 30, 2003. 
  2.40                          SUMMARY BY FUND
  2.41               2001        2002           2003          TOTAL
  2.42  General    $500,000   $224,658,000   $223,488,000  $448,146,000
  2.43  State Government
  2.44  Special Revenue             47,000         48,000        95,000
  2.45  Agriculture                200,000        200,000       400,000
  2.46  Environmental           24,576,000     25,280,000    49,856,000
  2.47  Natural
  2.48  Resources               39,135,000     39,195,000    78,330,000
  3.1   Game and Fish           80,572,000     81,469,000   162,041,000
  3.2   Remediation              9,939,000     10,314,000    20,253,000 
  3.3   Future Resources 
  3.4   Fund                    15,145,000        340,000    15,485,000
  3.5   Trust Fund              17,310,000     17,310,000    34,620,000
  3.6   Oil Overcharge
  3.7   Fund                        90,000           -0-         90,000
  3.8   TOTAL   $  500,000    $411,672,000   $397,644,000  $809,316,000
  3.9                                              APPROPRIATIONS 
  3.10                                         Available for the Year 
  3.11                                             Ending June 30 
  3.12                                            2002         2003 
  3.13  Sec. 2.  POLLUTION CONTROL    
  3.14  AGENCY  
  3.15  Subdivision 1.  Total           
  3.16  Appropriation                        $52,365,000   $53,318,000
  3.17                Summary by Fund
  3.18  General              19,544,000    19,441,000
  3.19  State Government   
  3.20  Special Revenue          47,000        48,000
  3.21  Environmental        23,182,000    23,868,000
  3.22  Remediation           9,592,000     9,961,000
  3.23  The amounts that may be spent from this 
  3.24  appropriation for each program are 
  3.25  specified in the following subdivisions.
  3.26  Subd. 2.  Protection of the Water 
  3.27      16,982,000     17,316,000
  3.28                Summary by Fund
  3.29  General              13,104,000    13,325,000
  3.30  State Government
  3.31  Special Revenue          47,000        48,000
  3.32  Environmental         3,831,000     3,943,000
  3.33  $3,583,000 the first year and 
  3.34  $3,583,000 the second year are for the 
  3.35  clean water partnership program.  Any 
  3.36  balance remaining in the first year 
  3.37  does not cancel and is available for 
  3.38  the second year of the biennium. 
  3.39  Of the amount for the clean water 
  3.40  partnership and notwithstanding 
  3.41  Minnesota Statutes, sections 103F.701 
  3.42  to 103F.761, $700,000 the first year 
  3.43  and $700,000 the second year are for 
  3.44  cost share to livestock producers with 
  3.45  operations between 300 and 500 animal 
  3.46  units to improve feedlots to meet 
  3.47  environmental standards.  These amounts 
  3.48  are transferred to the board of water 
  3.49  and soil resources for the purpose of 
  4.1   awarding cost share contracts to 
  4.2   farmers to correct environmental 
  4.3   problems at feedlots for disbursement 
  4.4   in accordance with Minnesota Statutes, 
  4.5   section 103C.501, in cooperation with 
  4.6   the pollution control agency. 
  4.7   Of the amount for the clean water 
  4.8   partnership and notwithstanding 
  4.9   Minnesota Statutes, sections 103F.701 
  4.10  to 103F.761, $535,000 the first year 
  4.11  and $535,000 the second year are for 
  4.12  grants for county administration of the 
  4.13  county feedlot program.  These amounts 
  4.14  are transferred to the board of water 
  4.15  and soil resources and are subject to 
  4.16  the same conditions that applied to the 
  4.17  county administration feedlot permit 
  4.18  program. 
  4.19  $1,841,000 the first year and 
  4.20  $1,841,000 the second year are for 
  4.21  grants for county administration of the 
  4.22  feedlot permit program.  These amounts 
  4.23  are transferred to the board of water 
  4.24  and soil resources for disbursement in 
  4.25  accordance with Minnesota Statutes, 
  4.26  section 103B.3369, in cooperation with 
  4.27  the pollution control agency.  Grants 
  4.28  must be matched with a combination of 
  4.29  local cash and/or in-kind contributions.
  4.30  Counties receiving these grants shall 
  4.31  submit an annual report to the 
  4.32  pollution control agency regarding 
  4.33  activities conducted under the grant, 
  4.34  expenditures made, and local match 
  4.35  contributions.  First priority for 
  4.36  funding shall be given to counties that 
  4.37  have requested and received delegation 
  4.38  from the pollution control agency for 
  4.39  processing of animal feedlot permit 
  4.40  applications under Minnesota Statutes, 
  4.41  section 116.07, subdivision 7.  For 
  4.42  each year of the grant, delegated 
  4.43  counties shall be eligible to receive 
  4.44  an amount of either:  (1) $50 
  4.45  multiplied by the number of feedlots 
  4.46  with greater than ten animal units as 
  4.47  determined by (i) registration data 
  4.48  under Minnesota Rules, part 7020.0350, 
  4.49  (ii) if registration data are not yet 
  4.50  complete, a level 1 feedlot inventory 
  4.51  conducted in accordance with the 
  4.52  Feedlot Inventory Guidebook published 
  4.53  by the board of water and soil 
  4.54  resources, dated June 1991, or (iii) if 
  4.55  registration or an inventory has not 
  4.56  been completed, the number of livestock 
  4.57  or poultry farms with sales greater 
  4.58  than $10,000, as reported in the 1997 
  4.59  Census of Agriculture, published by the 
  4.60  United States Bureau of Census; or (2) 
  4.61  $80 multiplied by the number of 
  4.62  feedlots with greater than ten animal 
  4.63  units as determined by a level 2 or 
  4.64  level 3 feedlot inventory conducted in 
  4.65  accordance with the Feedlot Inventory 
  4.66  Guidebook published by the board of 
  4.67  water and soil resources, dated June 
  4.68  1991.  At a minimum, delegated counties 
  4.69  are eligible to receive a grant of 
  5.1   $7,500 per year.  To receive the 
  5.2   additional funding that is based on the 
  5.3   county feedlot inventory, the inventory 
  5.4   information shall be current within the 
  5.5   most recent four-year period and the 
  5.6   county shall submit a copy of the 
  5.7   inventory to the pollution control 
  5.8   agency.  Any remaining money is for 
  5.9   distribution to all counties on a 
  5.10  competitive basis through the challenge 
  5.11  grant process for the conducting of 
  5.12  feedlot inventories, development of 
  5.13  delegated county feedlot programs, and 
  5.14  for information and education or 
  5.15  technical assistance efforts to reduce 
  5.16  feedlot-related pollution hazards.  Any 
  5.17  money remaining after the first year is 
  5.18  available for the second year.  
  5.19  $328,000 the first year and $335,000 
  5.20  the second year are for community 
  5.21  technical assistance and education, 
  5.22  including grants and technical 
  5.23  assistance to communities for local and 
  5.24  basinwide water quality protection. 
  5.25  $204,000 the first year and $205,000 
  5.26  the second year are for individual 
  5.27  sewage treatment system (ISTS) 
  5.28  administration.  Of this amount, 
  5.29  $86,000 in each year is transferred to 
  5.30  the board of water and soil resources 
  5.31  for assistance to local units of 
  5.32  government through competitive grant 
  5.33  programs for ISTS program development. 
  5.34  $200,000 each year is for individual 
  5.35  sewage treatment system grants.  Any 
  5.36  unexpended balance in the first year 
  5.37  does not cancel, but is available in 
  5.38  the second year. 
  5.39  $100,000 the first year and $100,000 
  5.40  the second year are from the 
  5.41  environmental fund for implementation 
  5.42  of the Lake Superior Lakewide 
  5.43  Management Plan (LaMP).  This is a 
  5.44  one-time appropriation.  
  5.45  Subd. 3.  Protection of the Air 
  5.46       8,038,000      7,954,000
  5.47                Summary by Fund
  5.48  General                 385,000        62,000 
  5.49  Environmental         7,653,000     7,892,000
  5.50  Up to $150,000 the first year and 
  5.51  $150,000 the second year may be 
  5.52  transferred to the environmental fund 
  5.53  for the small business environmental 
  5.54  improvement loan program established in 
  5.55  Minnesota Statutes, section 116.993. 
  5.56  $200,000 each year from the 
  5.57  environmental fund is for a monitoring 
  5.58  program under Minnesota Statutes, 
  5.59  section 116.454. 
  6.1   $250,000 the first year is for 
  6.2   monitoring ambient air for hazardous 
  6.3   pollutants in north and northeast 
  6.4   Minneapolis.  A summary and analysis of 
  6.5   the results must be submitted to the 
  6.6   chairs of the legislative committees 
  6.7   with jurisdiction over environmental 
  6.8   policy and finance by January 1, 2003. 
  6.9   Subd. 4.  Protection of the Land 
  6.10      10,059,000     10,321,000
  6.11                Summary by Fund
  6.12  General               1,258,000     1,265,000
  6.13  Environmental         6,484,000     6,673,000
  6.14  Remediation           2,317,000     2,383,000
  6.15  $200,000 the first year and $200,000 
  6.16  the second year are from the 
  6.17  environmental fund to be transferred to 
  6.18  the department of health for private 
  6.19  water supply monitoring and health 
  6.20  assessment costs in areas contaminated 
  6.21  by unpermitted mixed municipal solid 
  6.22  waste disposal facilities. 
  6.23  Subd. 5.  Integrated
  6.24  Environmental Programs  
  6.25      15,195,000     15,503,000
  6.26                Summary by Fund
  6.27  General               2,706,000     2,565,000
  6.28  Environmental         5,214,000     5,360,000
  6.29  Remediation           7,275,000     7,578,000
  6.30  $90,000 the first year and $90,000 the 
  6.31  second year are from the environmental 
  6.32  fund for malformed frog sample 
  6.33  collection and census work.  This is a 
  6.34  one-time appropriation.  
  6.35  $500,000 the first year and $500,000 
  6.36  the second year are from the 
  6.37  environmental fund for increased 
  6.38  monitoring of the water quality of the 
  6.39  upper Mississippi River basin and to 
  6.40  make the resulting water information 
  6.41  more accessible to stakeholders and the 
  6.42  general public.  If the appropriation 
  6.43  in either year is insufficient, the 
  6.44  appropriation in the other year is 
  6.45  available for it.  
  6.46  $562,000 the first year and $574,000 
  6.47  the second year are from the 
  6.48  remediation fund for purposes of the 
  6.49  leaking underground storage tank 
  6.50  program to protect the land. 
  6.51  $150,000 the first year is for a grant 
  6.52  to a nonprofit organization with 
  6.53  experience in:  (1) facilitating 
  6.54  redevelopment of brownfields and 
  7.1   assessing brownfields for redevelopment 
  7.2   projects; and (2) working with state 
  7.3   voluntary inspection and cleanup 
  7.4   programs.  The organization must use 
  7.5   the grant to enable redevelopment of 
  7.6   brownfield sites around the state for 
  7.7   ownership and use by nonprofit 
  7.8   organizations operating in communities 
  7.9   where those brownfields are located.  A 
  7.10  community nonprofit on whose behalf an 
  7.11  assessment is being conducted must 
  7.12  share not less than ten percent of the 
  7.13  cost of the assessment. 
  7.14  The amount transferred from the 
  7.15  metropolitan contingency action trust 
  7.16  fund to the landfill cleanup account in 
  7.17  Laws 1994, chapter 639, article 3, 
  7.18  section 4, subdivision 2, plus any 
  7.19  interest earned on the amount 
  7.20  transferred, is transferred from the 
  7.21  environmental fund to the remediation 
  7.22  fund. 
  7.23  Subd. 6.  Administrative Support 
  7.24   500,000     2,091,000      2,224,000
  7.25                Summary by Fund
  7.26  General        500,000      2,091,000     2,224,000
  7.27  Subd. 7.  Deficiency Appropriation
  7.28  for FLSA 
  7.29  $500,000 in fiscal year 2001 is for 
  7.30  back pay owed under settlements 
  7.31  regarding overtime under the federal 
  7.32  Fair Labor Standards Act.  
  7.33  Sec. 3.  OFFICE OF ENVIRONMENTAL 
  7.34  ASSISTANCE                            21,948,000     22,092,000
  7.35                Summary by Fund
  7.36  General              20,654,000    20,780,000
  7.37  Environmental         1,294,000     1,312,000
  7.38  $14,008,000 each year is for SCORE 
  7.39  block grants to counties. 
  7.40  Any unencumbered grant and loan 
  7.41  balances in the first year do not 
  7.42  cancel but are available for grants and 
  7.43  loans in the second year. 
  7.44  All money deposited in the 
  7.45  environmental fund for the metropolitan 
  7.46  solid waste landfill fee in accordance 
  7.47  with Minnesota Statutes, section 
  7.48  473.843, and not otherwise 
  7.49  appropriated, is appropriated to the 
  7.50  office of environmental assistance for 
  7.51  the purposes of Minnesota Statutes, 
  7.52  section 473.844. 
  7.53  $200,000 the first year and $200,000 
  7.54  the second year are for the 
  7.55  environmental assistance revolving 
  7.56  account under Minnesota Statutes, 
  8.1   section 115A.0716, subdivision 3. 
  8.2   The funds appropriated pursuant to Laws 
  8.3   1988, chapter 685, section 43, 
  8.4   including those funds reappropriated in 
  8.5   Laws 1999, chapter 231, section 3, are 
  8.6   available until June 30, 2003.  
  8.7   Sec. 4.  ZOOLOGICAL BOARD              7,621,000      7,844,000
  8.8                 Summary by Fund
  8.9   General                 7,445,000      7,668,000
  8.10  Natural Resources         176,000        176,000
  8.11  Sec. 5.  NATURAL RESOURCES 
  8.12  Subdivision 1.  Total 
  8.13  Appropriation                        241,169,000    243,350,000
  8.14                Summary by Fund
  8.15  General             121,573,000   122,798,000
  8.16  Natural Resources    38,924,000    38,983,000
  8.17  Game and Fish        80,572,000    81,469,000
  8.18  Environmental           100,000       100,000
  8.19  The amounts that may be spent from this 
  8.20  appropriation for each program are 
  8.21  specified in the following subdivisions.
  8.22  Notwithstanding Minnesota Statutes, 
  8.23  section 16A.285, the appropriations in 
  8.24  this section may not be transferred 
  8.25  between programs. 
  8.26  Subd. 2.  Mineral Resources Management
  8.27       7,079,000      7,273,000
  8.28                Summary by Fund
  8.29  General               6,500,000     6,679,000
  8.30  Natural Resources       152,000       156,000
  8.31  Game and Fish           427,000       438,000
  8.32  $307,000 the first year and $308,000 
  8.33  the second year are for iron ore 
  8.34  cooperative research, of which $200,000 
  8.35  the first year and $200,000 the second 
  8.36  year are available only as matched by 
  8.37  $1 of nonstate money for each $1 of 
  8.38  state money.  Any unencumbered balance 
  8.39  remaining in the first year does not 
  8.40  cancel but is available for the second 
  8.41  year. 
  8.42  $370,000 the first year and $372,000 
  8.43  the second year are for mineral 
  8.44  diversification.  
  8.45  $100,000 the first year and $101,000 
  8.46  the second year are for minerals 
  8.47  cooperative environmental research, of 
  8.48  which $50,000 the first year and 
  9.1   $50,500 the second year are available 
  9.2   only as matched by $1 of nonstate money 
  9.3   for each $1 of state money.  Any 
  9.4   unencumbered balance remaining in the 
  9.5   first year does not cancel but is 
  9.6   available for the second year. 
  9.7   Subd. 3.  Water Resources Management 
  9.8       13,368,000      12,894,000
  9.9                 Summary by Fund
  9.10  General                13,094,000     12,614,000
  9.11  Natural Resources         274,000        280,000
  9.12  $170,000 the first year and $170,000 
  9.13  the second year are for a grant to the 
  9.14  Mississippi headwaters board for up to 
  9.15  50 percent of the cost of implementing 
  9.16  the comprehensive plan for the upper 
  9.17  Mississippi within areas under its 
  9.18  jurisdiction.  
  9.19  $17,000 the first year and $17,000 the 
  9.20  second year are for payment to the 
  9.21  Leech Lake Band of Chippewa Indians to 
  9.22  implement its portion of the 
  9.23  comprehensive plan for the upper 
  9.24  Mississippi.  
  9.25  $850,000 the first year and $850,000 
  9.26  the second year are for activities 
  9.27  associated with the implementation of 
  9.28  the Red River mediation agreement, 
  9.29  including comprehensive watershed 
  9.30  plans; agency interdisciplinary teams 
  9.31  for each watershed, and a basin 
  9.32  repository, including data on flood 
  9.33  flows and water supply; and for grants 
  9.34  to watershed districts located within 
  9.35  the Red River Basin for flood damage 
  9.36  reduction projects under Minnesota 
  9.37  Statutes, section 103F.161. 
  9.38  $750,000 is for the construction of 
  9.39  ring dikes under Minnesota Statutes, 
  9.40  section 103F.161.  The ring dikes may 
  9.41  be publicly or privately owned.  This 
  9.42  appropriation is available until spent. 
  9.43  $100,000 the first year and $100,000 
  9.44  the second year are for implementing 
  9.45  the plan required by the Lower St. 
  9.46  Croix Wild and Scenic River Act, 
  9.47  Minnesota Statutes, section 103F.351. 
  9.48  The commissioner of natural resources 
  9.49  must not abandon the diversion system 
  9.50  at Currant Lake in Murray county.  The 
  9.51  commissioner may develop a management 
  9.52  plan to operate the diversion in a 
  9.53  manner to maintain the water level and 
  9.54  fish habitat in Currant Lake and to 
  9.55  maintain the aquatic vegetation and 
  9.56  waterfowl habitat in Hjermstad State 
  9.57  Wildlife Management Area. 
  9.58  Subd. 4.  Forest Management 
 10.1       36,187,000     36,709,000
 10.2                 Summary by Fund
 10.3   General              36,187,000    36,709,000
 10.4   $6,000,000 the first year and 
 10.5   $6,000,000 the second year are for 
 10.6   presuppression and suppression costs of 
 10.7   emergency fire fighting and other costs 
 10.8   incurred under Minnesota Statutes, 
 10.9   section 88.12, subdivision 2, related 
 10.10  to search and rescue operations.  If 
 10.11  the appropriation for either year is 
 10.12  insufficient to cover all costs of 
 10.13  suppression and search and rescue 
 10.14  operations, the amount necessary to pay 
 10.15  for these costs during the biennium is 
 10.16  appropriated from the general fund.  By 
 10.17  November 15 each year, the commissioner 
 10.18  must report on all expenditures from 
 10.19  these appropriations.  If money is 
 10.20  spent under the appropriation in the 
 10.21  preceding sentence, the commissioner of 
 10.22  natural resources shall, by 15 days 
 10.23  after the end of the following quarter, 
 10.24  report on how the money was spent to 
 10.25  the chairs of the legislative 
 10.26  committees with jurisdiction over 
 10.27  natural resources policy and finance.  
 10.28  The report must identify presuppression 
 10.29  activities, suppression activities 
 10.30  conducted in anticipation of fires, and 
 10.31  suppression activities conducted to 
 10.32  extinguish fires.  The appropriations 
 10.33  may not be transferred.  
 10.34  Notwithstanding Minnesota Statutes, 
 10.35  section 88.75, any reimbursement of 
 10.36  firefighting expenditures made to the 
 10.37  commissioner from any source other than 
 10.38  federal mobilizations shall be 
 10.39  deposited into the general fund.  
 10.40  $730,000 the first year and $736,000 
 10.41  the second year are for programs and 
 10.42  practices on state, county, and private 
 10.43  lands to regenerate and protect 
 10.44  Minnesota's white pine.  Up to $280,000 
 10.45  of the appropriation in each year may 
 10.46  be used by the commissioner to provide 
 10.47  50 percent matching funds to implement 
 10.48  cultural practices for white pine 
 10.49  management on nonindustrial, private 
 10.50  forest lands at rates specified in the 
 10.51  Minnesota stewardship incentives 
 10.52  program manual.  Up to $150,000 of the 
 10.53  appropriation in each year may be used 
 10.54  by the commissioner to provide funds to 
 10.55  implement cultural practices for white 
 10.56  pine management on county-administered 
 10.57  lands through grant agreements with 
 10.58  individual counties, with priorities 
 10.59  for areas that experienced wind damage 
 10.60  in July 1995.  $40,000 each year is for 
 10.61  a study of the natural regeneration 
 10.62  process of white pine.  The remainder 
 10.63  of the funds in each fiscal year will 
 10.64  be available to the commissioner for 
 10.65  white pine regeneration and protection 
 10.66  on department-administered lands. 
 11.1   Notwithstanding Minnesota Statutes, 
 11.2   section 16A.28, the appropriations 
 11.3   encumbered under contract on or before 
 11.4   June 30, 2003, for the forest health, 
 11.5   white pine, stewardship, and MnReleaf 
 11.6   grants in this subdivision are 
 11.7   available until June 30, 2004. 
 11.8   $64,000 the first year and $65,000 the 
 11.9   second year are for the focus on 
 11.10  community forests program, to provide 
 11.11  communities with natural resources 
 11.12  technical assistance. 
 11.13  $750,000 the first year and $750,000 
 11.14  the second year are for increased 
 11.15  forest management activities. 
 11.16  $750,000 the first year and $750,000 
 11.17  the second year are for the forest 
 11.18  resources council for implementation of 
 11.19  the Sustainable Forest Resources Act. 
 11.20  $150,000 the first year and $150,000 
 11.21  the second year are for grants to local 
 11.22  community forest ecosystem health 
 11.23  programs.  This appropriation is 
 11.24  available until June 30, 2003.  The 
 11.25  commissioner shall allocate individual 
 11.26  grants of up to $20,000 to local 
 11.27  communities that match the grants with 
 11.28  nonstate money for projects that 
 11.29  improve the health of forest 
 11.30  ecosystems, including insect and 
 11.31  disease suppression programs, 
 11.32  community-based forest health education 
 11.33  programs, and other arborcultural 
 11.34  treatments. 
 11.35  $100,000 the first year is for a 
 11.36  contract with the associated contract 
 11.37  loggers of Minnesota to develop and 
 11.38  implement a master logger certification 
 11.39  program.  The master logger 
 11.40  certification program must use, to the 
 11.41  extent practicable, existing logger 
 11.42  education and training programs, and 
 11.43  must be available to all loggers in the 
 11.44  state.  To the extent possible, the 
 11.45  program must be consistent with other 
 11.46  forest certification programs operating 
 11.47  in the state.  The commissioner shall 
 11.48  appoint a committee to provide 
 11.49  oversight in the development and 
 11.50  implementation of the program.  The 
 11.51  performance and enforcement standards 
 11.52  of the program must be consistent with 
 11.53  the site-level forest management 
 11.54  guidelines developed under Minnesota 
 11.55  Statutes, section 89A.05. 
 11.56  $400,000 the first year and $400,000 
 11.57  the second year are for the FORIST 
 11.58  timber management information system 
 11.59  and for increased forestry management. 
 11.60  Subd. 5.  Parks and Recreation 
 11.61  Management 
 11.62      43,591,000     44,185,000
 12.1                 Summary by Fund
 12.2   General              32,069,000    32,661,000
 12.3   Natural Resources    11,522,000    11,524,000
 12.4   $638,000 the first year and $640,000 
 12.5   the second year are from the water 
 12.6   recreation account in the natural 
 12.7   resources fund for state park 
 12.8   development projects.  If the 
 12.9   appropriation in either year is 
 12.10  insufficient, the appropriation for the 
 12.11  other year is available for it. 
 12.12  $6,000,000 the first year and 
 12.13  $6,000,000 the second year are for 
 12.14  payment of a grant to the metropolitan 
 12.15  council for metropolitan area regional 
 12.16  parks maintenance and operations.  
 12.17  $247,000 the first year and $253,000 
 12.18  the second year are for state forest 
 12.19  campground operations. 
 12.20  $4,942,000 the first year and 
 12.21  $4,942,000 the second year are from the 
 12.22  natural resources fund for state park 
 12.23  and recreation area operations.  This 
 12.24  appropriation is from the revenue 
 12.25  deposited to the natural resources fund 
 12.26  under Minnesota Statutes, section 
 12.27  297A.94, subdivision 1, paragraph (e), 
 12.28  clause (2). 
 12.29  $5,942,000 the first year and 
 12.30  $5,942,000 the second year are from the 
 12.31  natural resources fund for a grant to 
 12.32  the metropolitan council for 
 12.33  metropolitan area regional parks and 
 12.34  trails maintenance and operations.  
 12.35  This appropriation is from the revenue 
 12.36  deposited to the natural resources fund 
 12.37  under Minnesota Statutes, section 
 12.38  297A.94, subdivision 1, paragraph (e), 
 12.39  clause (3). 
 12.40  $217,000 the first year and $217,000 
 12.41  the second year are for operating costs 
 12.42  of the Big Bog state recreation area. 
 12.43  $25,000 the first year and $25,000 the 
 12.44  second year are for a grant to the city 
 12.45  of Taylors Falls for fire and rescue 
 12.46  operations in support of Interstate 
 12.47  park. 
 12.48  Subd. 6.  Trails and Waterways 
 12.49  Management 
 12.50      18,689,000     19,112,000
 12.51                Summary by Fund
 12.52  General               2,123,000     2,223,000
 12.53  Natural Resources    15,671,000    15,579,000
 12.54  Game and Fish           895,000     1,310,000
 12.55  $4,424,000 the first year and 
 13.1   $4,424,000 the second year are from the 
 13.2   snowmobile trails and enforcement 
 13.3   account in the natural resources fund 
 13.4   for snowmobile grants-in-aid.  
 13.5   Notwithstanding Minnesota Statutes, 
 13.6   section 16A.28, the appropriations 
 13.7   encumbered under contract on or before 
 13.8   June 30, 2003, for the snowmobile, 
 13.9   all-terrain vehicle, off-highway 
 13.10  vehicle, and off-road vehicle grants in 
 13.11  this subdivision are available until 
 13.12  June 30, 2004. 
 13.13  $259,000 the first year and $261,000 
 13.14  the second year are from the water 
 13.15  recreation account in the natural 
 13.16  resources fund for a safe harbor 
 13.17  program on Lake Superior. 
 13.18  $1,000,000 the first year and 
 13.19  $1,000,000 the second year are from the 
 13.20  natural resources fund for state trail 
 13.21  operations.  This appropriation is from 
 13.22  the revenue deposited to the natural 
 13.23  resources fund under Minnesota 
 13.24  Statutes, section 297A.94, subdivision 
 13.25  1, paragraph (e), clause (2).  
 13.26  $792,000 the first year and $792,000 
 13.27  the second year are from the natural 
 13.28  resources fund for trail grants to 
 13.29  local units of government on land to be 
 13.30  maintained for at least 20 years for 
 13.31  the purposes of the grant.  This 
 13.32  appropriation is from the revenue 
 13.33  deposited to the natural resources fund 
 13.34  under Minnesota Statutes, section 
 13.35  297A.94, subdivision 1, paragraph (e), 
 13.36  clause (4).  
 13.37  The appropriation from the general fund 
 13.38  of $1,400,000 authorized in Laws 1998, 
 13.39  chapter 404, section 7, subdivision 26, 
 13.40  for Skunk Hollow trail in Yellow 
 13.41  Medicine and Chippewa counties is 
 13.42  reappropriated for the purpose of 
 13.43  developing the Minnesota River trail 
 13.44  under Minnesota Statutes, section 
 13.45  85.015, subdivision 22. 
 13.46  $70,000 the first year and $140,000 the 
 13.47  second year are for preconstruction and 
 13.48  staffing needs for the Mississippi 
 13.49  Whitewater trail authorized by 
 13.50  Minnesota Statutes, section 85.0156. 
 13.51  $150,000 in fiscal year 2002 is from 
 13.52  the water recreation account in the 
 13.53  natural resources fund for necessary 
 13.54  improvements and repairs at the Knife 
 13.55  river harbor of refuge and marina.  
 13.56  This appropriation is available until 
 13.57  spent. 
 13.58  $100,000 is from the water recreation 
 13.59  account in the natural resources fund 
 13.60  for an inventory of the Red River of 
 13.61  the North, to make recommendations to 
 13.62  the legislature on the cost of 
 13.63  improvements necessary for the canoe 
 14.1   and boating route on the river, and for 
 14.2   mapping and signing the lower portion 
 14.3   of the river from Breckenridge to 
 14.4   Georgetown.  
 14.5   Subd. 7.  Fish Management
 14.6       27,749,000     28,298,000
 14.7                 Summary by Fund
 14.8   General                 508,000       539,000
 14.9   Natural Resources       191,000       197,000
 14.10  Game and Fish        27,050,000    27,562,000
 14.11  $222,000 the first year and $227,000 
 14.12  the second year are for resource 
 14.13  population surveys in the 1837 treaty 
 14.14  area.  Of this amount, $84,000 the 
 14.15  first year and $85,000 the second year 
 14.16  are from the game and fish fund. 
 14.17  $165,000 the first year and $190,000 
 14.18  the second year are for the reinvest in 
 14.19  Minnesota programs of game and fish, 
 14.20  critical habitat, and wetlands 
 14.21  established under Minnesota Statutes, 
 14.22  section 84.95, subdivision 2.  
 14.23  $666,000 the first year and $671,000 
 14.24  the second year are from the trout and 
 14.25  salmon management account for only the 
 14.26  purposes specified in Minnesota 
 14.27  Statutes, section 97A.075, subdivision 
 14.28  3. 
 14.29  $205,000 the first year and $207,000 
 14.30  the second year are available for 
 14.31  aquatic plant restoration. 
 14.32  $4,475,000 the first year and 
 14.33  $4,475,000 the second year are from the 
 14.34  heritage enhancement account in the 
 14.35  game and fish fund for only the 
 14.36  purposes specified in Minnesota 
 14.37  Statutes, section 297A.94, subdivision 
 14.38  1, paragraph (e), clause (1).  This 
 14.39  appropriation is from the revenue 
 14.40  deposited to the game and fish fund 
 14.41  under Minnesota Statutes, section 
 14.42  297A.94, subdivision 1, paragraph (e), 
 14.43  clause (1). 
 14.44  $500,000 the first year and $500,000 
 14.45  the second year are from the heritage 
 14.46  enhancement account in the game and 
 14.47  fish fund for the walleye stocking 
 14.48  program.  This appropriation is from 
 14.49  the revenue deposited to the game and 
 14.50  fish fund under Minnesota Statutes, 
 14.51  section 297A.94, subdivision 1, 
 14.52  paragraph (e), clause (1).  
 14.53  Notwithstanding Minnesota Statutes, 
 14.54  section 16A.28, the appropriations 
 14.55  encumbered under contract on or before 
 14.56  June 30, 2003, for the aquatic 
 14.57  restoration grants in this subdivision 
 14.58  are available until until June 30, 2004.
 15.1   Subd. 8.  Wildlife Management 
 15.2       23,364,000     23,729,000
 15.3                 Summary by Fund
 15.4   General               1,603,000     1,619,000
 15.5   Game and Fish        21,761,000    22,110,000
 15.6   $106,000 the first year and $106,000 
 15.7   the second year are for resource 
 15.8   population surveys in the 1837 treaty 
 15.9   area.  Of this amount, $26,000 the 
 15.10  first year and $26,000 the second year 
 15.11  are from the game and fish fund. 
 15.12  $519,000 the first year and $529,000 
 15.13  the second year are for the reinvest in 
 15.14  Minnesota programs of game and fish, 
 15.15  critical habitat, and wetlands 
 15.16  established under Minnesota Statutes, 
 15.17  section 84.95, subdivision 2. 
 15.18  $1,419,000 the first year and 
 15.19  $1,430,000 the second year are from the 
 15.20  wildlife acquisition surcharge account 
 15.21  for only the purposes specified in 
 15.22  Minnesota Statutes, section 97A.071, 
 15.23  subdivision 2a. 
 15.24  $1,245,000 the first year and 
 15.25  $1,269,000 the second year are from the 
 15.26  deer habitat improvement account for 
 15.27  only the purposes specified in 
 15.28  Minnesota Statutes, section 97A.075, 
 15.29  subdivision 1, paragraph (b). 
 15.30  $147,000 the first year and $148,000 
 15.31  the second year are from the deer and 
 15.32  bear management account for only the 
 15.33  purposes specified in Minnesota 
 15.34  Statutes, section 97A.075, subdivision 
 15.35  1, paragraph (c). 
 15.36  $699,000 the first year and $708,000 
 15.37  the second year are from the waterfowl 
 15.38  habitat improvement account for only 
 15.39  the purposes specified in Minnesota 
 15.40  Statutes, section 97A.075, subdivision 
 15.41  2. 
 15.42  $546,000 the first year and $546,000 
 15.43  the second year are from the pheasant 
 15.44  habitat improvement account for only 
 15.45  the purposes specified in Minnesota 
 15.46  Statutes, section 97A.075, subdivision 
 15.47  4.  In addition to the purposes 
 15.48  specified in Minnesota Statutes, 
 15.49  section 97A.075, subdivision 4, this 
 15.50  appropriation may be used for pheasant 
 15.51  restocking efforts. 
 15.52  $308,000 the first year and $313,000 
 15.53  the second year are from the game and 
 15.54  fish fund for activities relating to 
 15.55  reduction and prevention of property 
 15.56  damage by wildlife.  $50,000 each year 
 15.57  is for emergency damage abatement 
 15.58  materials. 
 16.1   $86,000 the first year and $87,000 the 
 16.2   second year are from the wild turkey 
 16.3   management account for only the 
 16.4   purposes specified in Minnesota 
 16.5   Statutes, section 97A.075, subdivision 
 16.6   5. 
 16.7   $3,525,000 the first year and 
 16.8   $3,525,000 the second year are from the 
 16.9   heritage enhancement account in the 
 16.10  game and fish fund for only the 
 16.11  purposes specified in Minnesota 
 16.12  Statutes, section 297A.94, subdivision 
 16.13  1, paragraph (e), clause (1).  This 
 16.14  appropriation is from the revenue 
 16.15  deposited to the game and fish fund 
 16.16  under Minnesota Statutes, section 
 16.17  297A.94, subdivision 1, paragraph (e), 
 16.18  clause (1). 
 16.19  $13,000 the first year and $13,000 the 
 16.20  second year are to publicize the 
 16.21  critical habitat license plate match 
 16.22  program. 
 16.23  Notwithstanding Minnesota Statutes, 
 16.24  section 16A.28, the appropriations 
 16.25  encumbered under contract on or before 
 16.26  June 30, 2003, for the wildlife habitat 
 16.27  grants in this subdivision are 
 16.28  available until June 30, 2004. 
 16.29  Subd. 9.  Ecological Services
 16.30      11,415,000     10,588,000
 16.31                Summary by Fund
 16.32  General               4,529,000     4,598,000
 16.33  Natural Resources     1,979,000     2,013,000
 16.34  Game and Fish         4,907,000     3,977,000
 16.35  $1,006,000 the first year and 
 16.36  $1,028,000 the second year are from the 
 16.37  nongame wildlife management account in 
 16.38  the natural resources fund for the 
 16.39  purpose of nongame wildlife management. 
 16.40  $500,000 in the first year and $500,000 
 16.41  in the second year are for the purpose 
 16.42  of nongame wildlife management under 
 16.43  the provisions applicable to the 
 16.44  nongame wildlife management account in 
 16.45  Minnesota Statutes, section 290.431. 
 16.46  $254,000 the first year and $259,000 
 16.47  the second year are for population and 
 16.48  habitat objectives of the nongame 
 16.49  wildlife management program. 
 16.50  Notwithstanding Minnesota Statutes, 
 16.51  section 16A.28, the appropriations 
 16.52  encumbered under contract on or before 
 16.53  June 30, 2003, for the milfoil program 
 16.54  grants in this subdivision are 
 16.55  available until June 30, 2004. 
 16.56  $593,000 the first year and $600,000 
 16.57  the second year are for the reinvest in 
 17.1   Minnesota programs of game and fish, 
 17.2   critical habitat, and wetlands 
 17.3   established under Minnesota Statutes, 
 17.4   section 84.95, subdivision 2. 
 17.5   $103,000 the first year and $105,000 
 17.6   the second year are for water 
 17.7   monitoring activities, including 
 17.8   integrated monitoring using biology, 
 17.9   chemistry, hydrology, and habitat 
 17.10  assessment for water quality assessment.
 17.11  $12,000 the first year and $12,000 the 
 17.12  second year are to publicize the tax 
 17.13  donation checkoff to the nongame 
 17.14  wildlife program. 
 17.15  $970,000 the first year is from the 
 17.16  game and fish fund for the wildlife 
 17.17  conservation and restoration program.  
 17.18  This appropriation is for the planning 
 17.19  and implementation of a program that 
 17.20  addresses wildlife conservation and 
 17.21  restoration, wildlife conservation 
 17.22  education, and wildlife associated 
 17.23  recreation. 
 17.24  $1,900,000 the first year and 
 17.25  $1,900,000 the second year are from the 
 17.26  heritage enhancement account in the 
 17.27  game and fish fund for only the 
 17.28  purposes specified in Minnesota 
 17.29  Statutes, section 297A.94, subdivision 
 17.30  1, paragraph (e), clause (1).  This 
 17.31  appropriation is from the revenue 
 17.32  deposited to the game and fish fund 
 17.33  under Minnesota Statutes, section 
 17.34  297A.94, subdivision 1, paragraph (e), 
 17.35  clause (1). 
 17.36  $650,000 the first year and $650,000 
 17.37  the second year are for the county 
 17.38  biological survey.  $800,000 of this 
 17.39  appropriation is from the general fund 
 17.40  and $500,000 is from the heritage 
 17.41  enhancement account in the game and 
 17.42  fish fund.  This appropriation is 
 17.43  available until June 30, 2003. 
 17.44  Subd. 10.  Enforcement 
 17.45      25,266,000     25,727,000
 17.46                Summary by Fund
 17.47  General               3,372,000     3,456,000
 17.48  Natural Resources     4,682,000     4,696,000
 17.49  Game and Fish        17,112,000    17,475,000
 17.50  Environmental           100,000       100,000
 17.51  $1,082,000 the first year and 
 17.52  $1,082,000 the second year are from the 
 17.53  water recreation account in the natural 
 17.54  resources fund for grants to counties 
 17.55  for boat and water safety. 
 17.56  Notwithstanding Minnesota Statutes, 
 17.57  section 16A.28, appropriations 
 18.1   encumbered under contract on or before 
 18.2   June 30, 2003, for the boat and water 
 18.3   safety program are available until June 
 18.4   30, 2004. 
 18.5   $100,000 the first year and $100,000 
 18.6   the second year are from the 
 18.7   environmental fund for solid waste 
 18.8   enforcement activities under Minnesota 
 18.9   Statutes, section 116.073. 
 18.10  $315,000 the first year and $315,000 
 18.11  the second year are from the snowmobile 
 18.12  trails and enforcement account in the 
 18.13  natural resources fund for grants to 
 18.14  local law enforcement agencies for 
 18.15  snowmobile enforcement activities. 
 18.16  $40,000 the first year and $40,000 the 
 18.17  second year are from the natural 
 18.18  resources fund for enforcement 
 18.19  activities relating to the iron range 
 18.20  off-highway vehicle recreation area.  
 18.21  Of the amount appropriated, $40,000 is 
 18.22  from the all-terrain vehicle account, 
 18.23  $32,000 is from the off-road vehicle 
 18.24  account, and $8,000 is from the 
 18.25  off-highway motorcycle account. 
 18.26  $131,000 the first year and $133,000 
 18.27  the second year are for protected class 
 18.28  employee recruitment and retention. 
 18.29  $2,330,000 the first year and 
 18.30  $2,330,000 the second year are from the 
 18.31  heritage enhancement account in the 
 18.32  game and fish fund for only the 
 18.33  purposes specified in Minnesota 
 18.34  Statutes, section 297A.94, subdivision 
 18.35  1, paragraph (e), clause (1).  This 
 18.36  appropriation is from the revenue 
 18.37  deposited to the game and fish fund 
 18.38  under Minnesota Statutes, section 
 18.39  297A.94, subdivision 1, paragraph (e), 
 18.40  clause (1). 
 18.41  Overtime shall be distributed to 
 18.42  conservation officers at historical 
 18.43  levels.  If funding for enforcement is 
 18.44  reduced because of an unallotment, the 
 18.45  overtime bank may be reduced in 
 18.46  proportion to reductions made in other 
 18.47  areas of the budget. 
 18.48  $161,000 the first year and $130,000 
 18.49  the second year are from the 
 18.50  all-terrain vehicle account in the 
 18.51  natural resources fund for 
 18.52  administration of the all-terrain 
 18.53  vehicle environmental and safety 
 18.54  education and training program under 
 18.55  Minnesota Statutes, section 84.925. 
 18.56  For fiscal years 1998 to 2002, local 
 18.57  enforcement units may carry forward 
 18.58  unspent snowmobile safety enforcement 
 18.59  grant money.  The grant money carried 
 18.60  forward must be spent directly on 
 18.61  identifiable snowmobile safety 
 18.62  activities according to Laws 1997, 
 18.63  chapter 216, section 5, subdivision 8; 
 19.1   Minnesota Statutes, chapter 84; and 
 19.2   Minnesota Rules, chapter 6100.  All 
 19.3   grant money carried forward must be 
 19.4   expended by June 30, 2002. 
 19.5   Subd. 11.  Operations Support
 19.6       34,461,000     34,835,000
 19.7                 Summary by Fund
 19.8   General              21,588,000    21,700,000
 19.9   Natural Resources     4,453,000     4,538,000
 19.10  Game and Fish         8,420,000     8,597,000
 19.11  $413,000 the first year and $418,000 
 19.12  the second year are for technical 
 19.13  assistance and grants to assist local 
 19.14  government units and organizations in 
 19.15  the metropolitan area to acquire and 
 19.16  develop natural areas and greenways. 
 19.17  $556,000 the first year and $572,000 
 19.18  the second year are for the community 
 19.19  assistance program to provide for 
 19.20  technical assistance and regional 
 19.21  resource enhancement grants. 
 19.22  $2,238,000 the first year and 
 19.23  $2,295,000 the second year are for the 
 19.24  operations of the youth programs.  Of 
 19.25  these amounts, $478,000 the first year 
 19.26  and $491,000 the second year are from 
 19.27  the natural resources fund. 
 19.28  Notwithstanding Minnesota Statutes, 
 19.29  section 16A.28, the appropriations 
 19.30  encumbered under contract on or before 
 19.31  June 30, 2003, for the metro greenways, 
 19.32  Red River, and community assistance 
 19.33  program grants in this subdivision are 
 19.34  available until June 30, 2004. 
 19.35  The commissioner may contract with and 
 19.36  make grants to nonprofit agencies to 
 19.37  carry out the purposes, plans, and 
 19.38  programs of the office of youth 
 19.39  programs, Minnesota Conservation Corps. 
 19.40  $352,000 the first year and $352,000 
 19.41  the second year are from the natural 
 19.42  resources fund for grants to be divided 
 19.43  equally between the city of St. Paul 
 19.44  for the Como Zoo and Conservatory and 
 19.45  the city of Duluth Zoo.  This 
 19.46  appropriation is from the revenue 
 19.47  deposited to the natural resources fund 
 19.48  under Minnesota Statutes, section 
 19.49  297A.94, subdivision 1, paragraph (e), 
 19.50  clause (5). 
 19.51  $199,000 the first year is for grants 
 19.52  to Cook, Lake, and St. Louis counties 
 19.53  for emergency communications 
 19.54  equipment.  This appropriation is 
 19.55  available until spent.  Of this amount, 
 19.56  $106,000 is for a grant to Cook county 
 19.57  for a communications system upgrade and 
 19.58  development of radio paths along the 
 20.1   north shore of Lake Superior; $47,000 
 20.2   is for a grant to Lake county to 
 20.3   upgrade the existing communications 
 20.4   tower in the Two Harbors area; and 
 20.5   $46,000 is for a grant to St. Louis 
 20.6   county to enhance the emergency 
 20.7   alerting system by installing a 
 20.8   dispatching transmitter in the Crane 
 20.9   Lake area. 
 20.10  $270,000 the first year is for a grant 
 20.11  to the University of Minnesota for the 
 20.12  raptor center to conduct research to 
 20.13  determine the incidence of lead 
 20.14  poisoning in bald eagles and assess its 
 20.15  effect on their reproductive 
 20.16  performance.  Information obtained from 
 20.17  this research must be shared with the 
 20.18  appropriate state and federal agencies 
 20.19  to manage and improve the state's 
 20.20  ecosystem for the benefit of bald 
 20.21  eagles and the communities that share 
 20.22  those resources. 
 20.23  Sec. 6.  BOARD OF WATER AND 
 20.24  SOIL RESOURCES                        21,231,000     19,325,000
 20.25  $5,480,000 the first year and 
 20.26  $5,480,000 the second year are for 
 20.27  natural resources block grants to local 
 20.28  governments.  Of this amount, $50,000 
 20.29  each year is for a grant to the North 
 20.30  Shore management board, $35,000 each 
 20.31  year is for a grant to the St. Louis 
 20.32  river board, $100,000 each year is for 
 20.33  a grant to the Minnesota river basin 
 20.34  joint powers board, and $27,000 each 
 20.35  year is for a grant to the southeast 
 20.36  Minnesota resources board. 
 20.37  The board shall reduce the amount of 
 20.38  the natural resource block grant to a 
 20.39  county by an amount equal to any 
 20.40  reduction in the county's general 
 20.41  services allocation to a soil and water 
 20.42  conservation district from the county's 
 20.43  previous year allocation. 
 20.44  Grants must be matched with a 
 20.45  combination of local cash or in-kind 
 20.46  contributions.  The base grant portion 
 20.47  related to water planning must be 
 20.48  matched by an amount that would be 
 20.49  raised by a levy under Minnesota 
 20.50  Statutes, section 103B.3369. 
 20.51  $100,000 the first year and $100,000 
 20.52  the second year are for a grant to the 
 20.53  Red river basin board to continue 
 20.54  developing the Red River basin water 
 20.55  management plan and coordinating water 
 20.56  management activities in the states and 
 20.57  provinces bordering the Red River.  
 20.58  This appropriation is available only to 
 20.59  the extent it is matched by a 
 20.60  proportionate amount in United States 
 20.61  currency from the states of North 
 20.62  Dakota and South Dakota and the 
 20.63  province of Manitoba.  The unencumbered 
 20.64  balance in the first year does not 
 20.65  cancel but is available for the second 
 21.1   year.  This is a one-time appropriation.
 21.2   $4,262,000 the first year and 
 21.3   $4,379,000 the second year are for 
 21.4   grants to soil and water conservation 
 21.5   districts for general purposes, 
 21.6   nonpoint engineering, and 
 21.7   implementation of the reinvest in 
 21.8   Minnesota (RIM) conservation reserve 
 21.9   program.  Upon approval of the board, 
 21.10  expenditures may be made from these 
 21.11  appropriations for supplies and 
 21.12  services benefiting soil and water 
 21.13  conservation districts. 
 21.14  $4,120,000 the first year and 
 21.15  $4,120,000 the second year are for 
 21.16  grants to soil and water conservation 
 21.17  districts for cost-sharing contracts 
 21.18  for erosion control and water quality 
 21.19  management.  Of this amount, at least 
 21.20  $1,500,000 the first year and 
 21.21  $1,500,000 the second year are for 
 21.22  grants for cost-sharing contracts for 
 21.23  water quality management on feedlots.  
 21.24  $189,000 the first year and $189,000 
 21.25  the second year are for grants to 
 21.26  watershed districts and other local 
 21.27  units of government in the southern 
 21.28  Minnesota River basin study area 2 for 
 21.29  floodplain management.  If the 
 21.30  appropriation in either year is 
 21.31  insufficient, the appropriation in the 
 21.32  other year is available for it. 
 21.33  $463,000 the first year and $476,000 
 21.34  the second year are for the 
 21.35  administrative costs of easement and 
 21.36  grant programs. 
 21.37  $2,034,000 the first year is for 
 21.38  implementation of the conservation 
 21.39  reserve enhancement program.  This is a 
 21.40  one-time appropriation and is available 
 21.41  until June 30, 2004.  
 21.42  Any unencumbered balance in the board's 
 21.43  program of grants does not cancel at 
 21.44  the end of the first year and is 
 21.45  available for the second year for the 
 21.46  same grant program.  This appropriation 
 21.47  is available until expended.  If the 
 21.48  appropriation in either year is 
 21.49  insufficient, the appropriation in the 
 21.50  other year is available for it.  
 21.51  $8,000 the first year is for 
 21.52  professional and technical services for 
 21.53  the wetland replacement for public road 
 21.54  projects program. 
 21.55  $100,000 the first year is to reimburse 
 21.56  the town of West Newton in Nicollet 
 21.57  county for costs the town has incurred 
 21.58  in construction of the St. George 
 21.59  community wastewater treatment system 
 21.60  using wetlands to treat wastewater from 
 21.61  23 properties.  The reimbursement is 
 21.62  for the cost of installing additional 
 21.63  treatment components that were not part 
 22.1   of the originally planned project and 
 22.2   resulted in excessive costs to 
 22.3   homeowners.  The reimbursement must be 
 22.4   used to reduce the bonded indebtedness 
 22.5   of the town of West Newton for the St. 
 22.6   George community wastewater treatment 
 22.7   system. 
 22.8   $250,000 the first year and $250,000 
 22.9   the second year are for grants to 
 22.10  counties for cost-sharing contracts to 
 22.11  update and digitize outmoded soil 
 22.12  surveys.  The participating counties 
 22.13  must provide a cost share. 
 22.14  $100,000 the first year and $100,000 
 22.15  the second year are to provide 
 22.16  technical assistance to farmers and 
 22.17  ranchers to establish and enhance 
 22.18  managed grazing systems.  This 
 22.19  appropriation is available to the 
 22.20  extent matched by money from nonstate 
 22.21  sources. 
 22.22  Sec. 7.  MINNESOTA-WISCONSIN
 22.23  BOUNDARY AREA COMMISSION                 194,000        199,000
 22.24                Summary by Fund
 22.25  General                 159,000       163,000
 22.26  Natural Resources        35,000        36,000
 22.27  This appropriation is only available to 
 22.28  the extent it is matched by an equal 
 22.29  amount from the state of Wisconsin. 
 22.30  $35,000 the first year and $36,000 the 
 22.31  second year are from the water 
 22.32  recreation account in the natural 
 22.33  resources fund for the St. Croix 
 22.34  management and stewardship program. 
 22.35  Sec. 8.  SCIENCE MUSEUM 
 22.36  OF MINNESOTA                           1,300,000      1,300,000
 22.37  Sec. 9.  AGRICULTURE 
 22.38  Subdivision 1.  Total 
 22.39  Appropriation                         25,579,000     24,932,000
 22.40                Summary by Fund
 22.41  General              25,232,000    24,579,000
 22.42  Remediation             347,000       353,000
 22.43  The amounts that may be spent from this 
 22.44  appropriation for each program are 
 22.45  specified in the following subdivisions.
 22.46  Subd. 2.  Protection Service 
 22.47      12,540,000     12,754,000
 22.48                Summary by Fund
 22.49  General               12,193,000   12,401,000
 22.50  Remediation              347,000      353,000
 23.1   (a) $1,704,000 the first year and 
 23.2   $1,705,000 the second year are for 
 23.3   grants to continue the dairy 
 23.4   diagnostics and modernization program 
 23.5   under Laws 1997, chapter 216, section 
 23.6   7, subdivision 2, and to expand the 
 23.7   program to include additional dairy 
 23.8   business planning and modernization 
 23.9   activities.  Grantees receiving money 
 23.10  from this appropriation must submit 
 23.11  periodic reports to the commissioner on 
 23.12  the aggregate changes in producer 
 23.13  financial stability, productivity, 
 23.14  product quality, animal health, 
 23.15  environmental protection, and other 
 23.16  performance measures attributable to 
 23.17  the dairy diagnostics and modernization 
 23.18  program.  Information reported to the 
 23.19  commissioner must be sufficient to 
 23.20  establish regional and statewide 
 23.21  performance benchmarks for the dairy 
 23.22  industry. 
 23.23  (b) While designing and implementing 
 23.24  the program under this section, the 
 23.25  commissioner must consult with the 
 23.26  dairy leaders roundtable; appropriate 
 23.27  producer and processor groups; the 
 23.28  Minnesota state colleges and 
 23.29  universities system; the Minnesota 
 23.30  extension service; farm credit 
 23.31  services; and other agricultural 
 23.32  lending institutions. 
 23.33  (c) Of this amount, at least $900,000 
 23.34  the first year and $900,000 the second 
 23.35  year are for the activities of dairy 
 23.36  diagnostic teams.  The commissioner 
 23.37  must make grants, under contract, to 
 23.38  regional or statewide organizations 
 23.39  qualified to manage the several 
 23.40  components of the dairy diagnostics and 
 23.41  modernization program.  Each regional 
 23.42  or statewide organization must 
 23.43  designate a coordinator responsible for 
 23.44  overseeing the program and making 
 23.45  required reports to the commissioner.  
 23.46  Diagnostic teams are encouraged to 
 23.47  engage in activities including, but not 
 23.48  limited to, comprehensive financial 
 23.49  analysis, risk management education, 
 23.50  enhanced milk marketing tools and 
 23.51  technologies, five-year business plans, 
 23.52  and design and engineering costs.  Up 
 23.53  to 40 percent of the appropriation 
 23.54  under this paragraph is to assist 
 23.55  producers with technical and support 
 23.56  services needed to implement dairy 
 23.57  quality and environmental assurance 
 23.58  practices.  A producer is eligible for 
 23.59  support under any program in this 
 23.60  section for no more than three 
 23.61  consecutive calendar years.  
 23.62  (d) Of this amount, up to $2,000,000 
 23.63  may be used as grants to producers of 
 23.64  up to $5,000 per producer to develop 
 23.65  comprehensive five-year business plans. 
 23.66  (e) The regional or statewide 
 23.67  organizations must provide required 
 24.1   reports to the commissioner in a format 
 24.2   that maintains the confidentiality of 
 24.3   business information related to any 
 24.4   single dairy producer. 
 24.5   $347,000 the first year and $353,000 
 24.6   the second year are from the 
 24.7   remediation fund for administrative 
 24.8   funding for the voluntary cleanup 
 24.9   program.  
 24.10  Subd. 3.  Agricultural Marketing and Development
 24.11        6,506,000      6,660,000
 24.12  Notwithstanding Minnesota Statutes, 
 24.13  section 41A.09, subdivision 3a, the 
 24.14  total payments from the ethanol 
 24.15  development account to all producers 
 24.16  may not exceed $70,892,000 for the 
 24.17  biennium ending June 30, 2003.  If the 
 24.18  total amount for which all producers 
 24.19  are eligible in a quarter exceeds the 
 24.20  amount available for payments, the 
 24.21  commissioner shall make the payments on 
 24.22  a pro rata basis. 
 24.23  $71,000 the first year and $71,000 the 
 24.24  second year are for transfer to the 
 24.25  Minnesota grown matching account and 
 24.26  may be used as grants for Minnesota 
 24.27  grown promotion under Minnesota 
 24.28  Statutes, section 17.109. 
 24.29  $120,000 the first year and $240,000 
 24.30  the second year are for operating funds 
 24.31  to staff and maintain the quarantine 
 24.32  greenhouse facility constructed as 
 24.33  authorized by Laws 2000, chapter 492, 
 24.34  article 1, section 2, subdivision 4, 
 24.35  paragraph (b).  
 24.36  $175,000 the first year and $175,000 
 24.37  the second year are to help producers 
 24.38  plan and make informed management 
 24.39  decisions regarding compliance with 
 24.40  feedlot rule revisions in Minnesota 
 24.41  Rules, chapter 7020.  Any balance 
 24.42  remaining in the first year does not 
 24.43  cancel and is available for the second 
 24.44  year. 
 24.45  $350,000 the first year and $350,000 
 24.46  the second year are for the 
 24.47  agricultural best management practices 
 24.48  loans for environmental improvements to 
 24.49  feedlots.  
 24.50  $100,000 the first year is for grants 
 24.51  for basic and applied research for the 
 24.52  improved production of forage and turf 
 24.53  seed.  By March 1, 2002, the 
 24.54  commissioner shall provide an interim 
 24.55  report on the grant to the legislative 
 24.56  committees dealing with agricultural 
 24.57  policy and finance.  This is a one-time 
 24.58  appropriation. 
 24.59  $100,000 the first year and $100,000 
 24.60  the second year are for transfer to the 
 24.61  board of trustees of the Minnesota 
 25.1   state colleges and universities for 
 25.2   lamb and wool educational programs. 
 25.3   $75,000 the first year and $75,000 the 
 25.4   second year are for an educational 
 25.5   specialist in the Minnesota agriculture 
 25.6   in the classroom program.  
 25.7   $300,000 the first year is for deposit 
 25.8   in the agricultural processing facility 
 25.9   revolving fund under Minnesota 
 25.10  Statutes, section 41B.049, subdivision 
 25.11  2, for a zero-interest loan to the 
 25.12  owner of an existing ethanol facility 
 25.13  within Minnesota to add a germ and 
 25.14  fiber recovery process to the ethanol 
 25.15  facility. 
 25.16  $73,000 the first year and $73,000 the 
 25.17  second year are for beaver damage 
 25.18  control grants under Minnesota 
 25.19  Statutes, section 17.110. 
 25.20  The unobligated balance of the 
 25.21  appropriation for marketing 
 25.22  agricultural products in Laws 1999, 
 25.23  chapter 231, section 11, subdivision 3, 
 25.24  is cancelled to the general fund. 
 25.25  Subd. 4.  Administration and 
 25.26  Financial Assistance 
 25.27        6,533,000     5,518,000
 25.28  $13,000 the first year and $7,000 the 
 25.29  second year are for family farm 
 25.30  security interest payment adjustments.  
 25.31  If the appropriation for either year is 
 25.32  insufficient, the appropriation for the 
 25.33  other year is available for it.  No new 
 25.34  loans may be approved in fiscal year 
 25.35  2002 or 2003.  
 25.36  $70,000 the first year and $70,000 the 
 25.37  second year are for the Northern Crops 
 25.38  Institute.  These appropriations may be 
 25.39  spent to purchase equipment and are 
 25.40  available until spent.  
 25.41  $225,000 the first year and $225,000 
 25.42  the second year are for grants to 
 25.43  agriculture information centers.  The 
 25.44  grants are only available on a match 
 25.45  basis.  The funds may be released at 
 25.46  the rate of $4 of state money for each 
 25.47  $1 of matching nonstate money that is 
 25.48  raised.  
 25.49  $115,000 the first year and $115,000 
 25.50  the second year are for the Seaway Port 
 25.51  Authority of Duluth. 
 25.52  $20,000 the first year and $20,000 the 
 25.53  second year are for a grant to the 
 25.54  Minnesota Livestock Breeders' 
 25.55  Association. 
 25.56  $849,000 the first year and $401,000 
 25.57  the second year are for an electronic 
 25.58  information management system. 
 26.1   $337,000 the first year and $337,000 
 26.2   the second year are for the farm 
 26.3   advocates program.  
 26.4   $5,000 the first year and $5,000 the 
 26.5   second year are to continue the 
 26.6   Minnesota grown food project.  
 26.7   $500,000 the first year is for a grant 
 26.8   to a political subdivision that is 
 26.9   chosen as a site for a soybean oilseed 
 26.10  processing and refining facility 
 26.11  constructed by a Minnesota-based 
 26.12  cooperative and has not received state 
 26.13  funding in a previous biennium for a 
 26.14  soybean oilseed processing facility.  
 26.15  The grant may be used for site 
 26.16  preparation, predevelopment, and other 
 26.17  infrastructure improvements, including 
 26.18  public and private utility improvements 
 26.19  that are necessary for development of 
 26.20  the oilseed processing and refining 
 26.21  facility.  This appropriation is 
 26.22  available until June 30, 2003. 
 26.23  $22,000 is for a study by the 
 26.24  management and analysis division of the 
 26.25  department of administration of the 
 26.26  grain inspection fees charged by the 
 26.27  department.  The commissioner shall 
 26.28  report to the chairs of the legislative 
 26.29  committees with jurisdiction over 
 26.30  agriculture policy and finance by 
 26.31  January 15, 2002, on the results of the 
 26.32  study. 
 26.33  $475,000 the first year and $475,000 
 26.34  the second year are for exhibitor 
 26.35  awards for county agricultural 
 26.36  societies under Minnesota Statutes, 
 26.37  section 38.02, subdivision 1. 
 26.38  Notwithstanding Minnesota Statutes, 
 26.39  section 116D.045, $108,000 is to 
 26.40  conduct investigations and an analysis 
 26.41  of environmental issues necessary for 
 26.42  the preparation of an environmental 
 26.43  impact statement for a feedlot where an 
 26.44  environmental impact statement has been 
 26.45  ordered by a district court against the 
 26.46  recommendation of the pollution control 
 26.47  agency.  These funds may be used for 
 26.48  literature reviews, data collection, 
 26.49  groundwater and surface water 
 26.50  assessments, air quality modeling, and 
 26.51  other relevant analyses.  The 
 26.52  commissioner may use this appropriation 
 26.53  for grants, contracts, or interagency 
 26.54  transfers necessary to prepare the 
 26.55  environmental impact statement.  The 
 26.56  commissioner shall prepare a report on 
 26.57  the investigations and analysis, which 
 26.58  may be used on a generic basis for the 
 26.59  siting and environmental review of 
 26.60  other feedlots. 
 26.61  The balance in the Eurasian wild pigs 
 26.62  account is canceled to the general fund 
 26.63  and the account is abolished. 
 26.64  Sec. 10.  BOARD OF ANIMAL HEALTH       3,308,000       3,222,000
 27.1   $415,000 the first year and $415,000 
 27.2   the second year are for a program to 
 27.3   control paratuberculosis ("Johne's 
 27.4   disease") in domestic bovine herds.  
 27.5   $119,000 each year is for a program to 
 27.6   investigate the avian pneumovirus 
 27.7   disease and to identify the infected 
 27.8   flocks. 
 27.9   $165,000 each year is for technology 
 27.10  services.  
 27.11  $20,000 the first year is to reimburse 
 27.12  livestock farmers for losses due to 
 27.13  anthrax that are not covered by 
 27.14  insurance.  This appropriation is 
 27.15  available until June 30, 2002. 
 27.16  $125,000 the first year is to provide 
 27.17  short-term, emergency funding for 
 27.18  livestock disease outbreaks including 
 27.19  continued efforts to control 
 27.20  pseudorabies in swine.  This 
 27.21  appropriation may be used to cover the 
 27.22  costs of pseudorabies monitoring, 
 27.23  vaccines, blood tests, and laboratory 
 27.24  fees.  This is a one-time appropriation 
 27.25  and remains available until June 30, 
 27.26  2003. 
 27.27  Sec. 11.  MINNESOTA HORTICULTURAL 
 27.28  SOCIETY                                  82,000         82,000
 27.29  Sec. 12.  AGRICULTURAL UTILIZATION
 27.30  RESEARCH INSTITUTE                    4,330,000      4,330,000
 27.31                Summary by Fund
 27.32  General               4,130,000     4,130,000
 27.33  Agriculture Fund        200,000       200,000 
 27.34  $200,000 the first year and $200,000 
 27.35  the second year are for hybrid tree 
 27.36  management research and development of 
 27.37  an implementation plan for establishing 
 27.38  hybrid tree plantations in the state.  
 27.39  This appropriation is available to the 
 27.40  extent matched by $2 of nonstate 
 27.41  contributions, either cash or in-kind, 
 27.42  for each $1 of state money. 
 27.43  Sec. 13.  MINNESOTA RESOURCES
 27.44  Subdivision 1.  Total
 27.45  Appropriation                     $   32,545,000 $   17,650,000
 27.46                Summary by Fund
 27.47  Minnesota Future 
 27.48  Resources Fund       15,145,000       340,000
 27.49  Environment and 
 27.50  Natural Resources 
 27.51  Trust Fund           17,310,000    17,310,000
 27.52  Oil Overcharge
 27.53  Money in the
 27.54  Special Revenue Fund     90,000
 28.1   Appropriations from the Minnesota 
 28.2   future resources fund and oil 
 28.3   overcharge money in the special revenue 
 28.4   fund are available for either year of 
 28.5   the biennium. 
 28.6   For appropriations from the environment 
 28.7   and natural resources trust fund, any 
 28.8   unencumbered balance remaining in the 
 28.9   first year does not cancel and is 
 28.10  available for the second year. 
 28.11  Unless otherwise provided, the amounts 
 28.12  in this section are available until 
 28.13  June 30, 2003, when projects must be 
 28.14  completed and final products delivered. 
 28.15  Subd. 2.  Definitions 
 28.16  (a) "Future resources fund" means the 
 28.17  Minnesota future resources fund 
 28.18  referred to in Minnesota Statutes, 
 28.19  section 116P.13. 
 28.20  (b) "Trust fund" means the Minnesota 
 28.21  environment and natural resources trust 
 28.22  fund referred to in Minnesota Statutes, 
 28.23  section 116P.02, subdivision 6. 
 28.24  (c) "Oil overcharge money" means the 
 28.25  money referred to in Minnesota 
 28.26  Statutes, section 4.071, subdivision 2. 
 28.27  Subd. 3.  Administration                 822,000        393,000
 28.28                Summary by Fund
 28.29  Future Resources 
 28.30  Fund                    429,000       -0-
 28.31  Trust Fund              393,000       393,000
 28.32  (a) Legislative Commission on Minnesota 
 28.33  Resources 
 28.34  $389,000 of this appropriation is from 
 28.35  the future resources fund and $338,000 
 28.36  the first year and $338,000 the second 
 28.37  year are from the trust fund for 
 28.38  administration as provided in Minnesota 
 28.39  Statutes, section 116P.09, subdivision 
 28.40  5.  
 28.41  (b) Contract Administration 
 28.42  $40,000 of this appropriation is from 
 28.43  the future resources fund and $55,000 
 28.44  the first year and $55,000 the second 
 28.45  year are from the trust fund to the 
 28.46  commissioner of natural resources for 
 28.47  contract administration activities 
 28.48  assigned to the commissioner in this 
 28.49  section.  This appropriation is 
 28.50  available until June 30, 2004.  
 28.51  Subd. 4.  Fish and Wildlife 
 28.52  Habitat                               10,042,000      8,238,000
 28.53                Summary by Fund
 28.54  Future Resources 
 29.1   Fund                  1,805,000       -0-    
 29.2   Trust Fund            8,237,000     8,238,000
 29.3   (a) Forest and Prairie Stewardship of 
 29.4   Private Lands
 29.5   $272,000 the first year and $273,000 
 29.6   the second year are from the trust fund 
 29.7   to the commissioner of natural 
 29.8   resources, in cooperation with the 
 29.9   Minnesota Forestry Association and the 
 29.10  Nature Conservancy, to develop 
 29.11  stewardship plans for private prairie 
 29.12  and forested lands and to implement 
 29.13  natural resource projects by providing 
 29.14  matching money on a one-to-one basis to 
 29.15  private landowners.  This appropriation 
 29.16  is available until June 30, 2004, at 
 29.17  which time the project must be 
 29.18  completed and final products delivered, 
 29.19  unless an earlier date is specified in 
 29.20  the work program.  
 29.21  (b) State Fish Hatchery Rehabilitation
 29.22  $145,000 is from the future resources 
 29.23  fund to the commissioner of natural 
 29.24  resources to accelerate hatchery 
 29.25  rehabilitation. 
 29.26  (c) Enhancing Canada Goose      
 29.27  Hunting and Management              
 29.28  $340,000 is from the future resources 
 29.29  fund to the commissioner of natural 
 29.30  resources for an agreement with the 
 29.31  Minnesota Waterfowl Association to 
 29.32  acquire leases on private farmlands for 
 29.33  foraging sites and public hunting 
 29.34  opportunities and to provide technical 
 29.35  assistance to local units of government 
 29.36  in developing controlled hunts for 
 29.37  nuisance geese. 
 29.38  (d) Biological Control of   
 29.39  Eurasian Water Milfoil and
 29.40  Purple Loosestrife - Continuation    
 29.41  $45,000 the first year and $45,000 the 
 29.42  second year are from the trust fund to 
 29.43  the commissioner of natural resources 
 29.44  for the fifth biennium of a 
 29.45  five-biennia project to develop and 
 29.46  implement biological controls for 
 29.47  Eurasian water milfoil and purple 
 29.48  loosestrife.  This appropriation is 
 29.49  available until June 30, 2004, at which 
 29.50  time the project must be completed and 
 29.51  final products delivered, unless an 
 29.52  earlier date is specified in the work 
 29.53  program. 
 29.54  (e) Restoring Minnesota's   
 29.55  Fish and Wildlife Habitat
 29.56  Corridors     
 29.57  $5,873,000 the first year and 
 29.58  $5,872,000 the second year are from the 
 29.59  trust fund to the commissioner of 
 29.60  natural resources for acceleration of 
 30.1   agency programs and cooperative 
 30.2   agreements with Minnesota Waterfowl 
 30.3   Association; Minnesota Deer Hunters 
 30.4   Association; Ducks Unlimited, Inc.; 
 30.5   National Wild Turkey Federation; 
 30.6   Pheasants Forever; the Nature 
 30.7   Conservancy; Minnesota Land Trust; 
 30.8   Trust for Public Land; United States 
 30.9   Fish and Wildlife Service; Bureau of 
 30.10  Indian Affairs; Natural Resources 
 30.11  Conservation Service; and the United 
 30.12  States Forest Service to restore and 
 30.13  acquire fragmented landscape corridors 
 30.14  that connect areas of quality habitat 
 30.15  to sustain fish, wildlife, and plants.  
 30.16  $352,000 is for program coordination, 
 30.17  corridor identification, and mapping.  
 30.18  $3,343,000 is for restoration and 
 30.19  management activities in wildlife 
 30.20  management areas, wetland habitat, 
 30.21  lakes, wild rice beds, grasslands, and 
 30.22  fisheries habitat.  $2,650,000 is for 
 30.23  conservation easement programs on 
 30.24  riparian areas, big woods forests, 
 30.25  native prairies, and wetlands.  
 30.26  $5,400,000 is for habitat acquisition 
 30.27  activities on prairies, riparian areas, 
 30.28  and other fish and wildlife habitat 
 30.29  corridors.  As part of the required 
 30.30  work program, criteria and priorities 
 30.31  for planned acquisition and restoration 
 30.32  activities must be submitted to the 
 30.33  legislative commission on Minnesota 
 30.34  resources for review and approval.  
 30.35  Land acquired with this appropriation 
 30.36  must be sufficiently improved to meet 
 30.37  at least minimum management standards 
 30.38  as determined by the commissioner of 
 30.39  natural resources.  Any land acquired 
 30.40  in fee title by the commissioner of 
 30.41  natural resources with money from this 
 30.42  appropriation must be designated: 
 30.43  (1) as an outdoor recreation unit under 
 30.44  Minnesota Statutes, section 86A.07; or 
 30.45  (2) as provided in Minnesota Statutes, 
 30.46  sections 89.018, subdivision 2, 
 30.47  paragraph (a); 97A.101; 97A.125; 
 30.48  97C.001; and 97C.011.  
 30.49  The commissioner may so designate any 
 30.50  lands acquired in less than fee title.  
 30.51  This appropriation is available until 
 30.52  June 30, 2004, at which time the 
 30.53  project must be completed and final 
 30.54  products delivered, unless an earlier 
 30.55  date is specified in the work program. 
 30.56  (f) Engineering Support for    
 30.57  Public Lands Waterfowl
 30.58  Projects 
 30.59  $275,000 is from the future resources 
 30.60  fund to the commissioner of natural 
 30.61  resources for an agreement with Ducks 
 30.62  Unlimited, Inc., to provide survey and 
 30.63  engineering support to natural 
 30.64  resources agencies for waterfowl 
 30.65  projects on public lands. 
 31.1   (g) Metro Greenways                       
 31.2   $1,365,000 the first year and 
 31.3   $1,365,000 the second year are from the 
 31.4   trust fund to the commissioner of 
 31.5   natural resources for the metro 
 31.6   greenways program for planning, 
 31.7   improving, and protecting important 
 31.8   natural areas in the metropolitan 
 31.9   region through grants, contracted 
 31.10  services, conservation easements, and 
 31.11  fee acquisition.  Land acquired with 
 31.12  this appropriation must be sufficiently 
 31.13  improved to meet at least minimum 
 31.14  management standards as determined by 
 31.15  the commissioner of natural resources.  
 31.16  This appropriation is available until 
 31.17  June 30, 2004, at which time the 
 31.18  project must be completed and final 
 31.19  products delivered, unless an earlier 
 31.20  date is specified in the work program. 
 31.21  (h) Acquisition of Lands as 
 31.22  Scientific and Natural Areas                   
 31.23  $227,000 the first year and $228,000 
 31.24  the second year are from the trust fund 
 31.25  to the commissioner of natural 
 31.26  resources to acquire land with natural 
 31.27  features of statewide significance in 
 31.28  the scientific and natural area program 
 31.29  long-range plan and to improve land 
 31.30  acquired with this appropriation.  Land 
 31.31  acquired with this appropriation must 
 31.32  be sufficiently improved to meet at 
 31.33  least minimum management standards as 
 31.34  determined by the commissioner of 
 31.35  natural resources. 
 31.36  (i) Big Rivers Partnership: 
 31.37  Helping Communities to Restore
 31.38  Habitat   
 31.39  $455,000 the first year and $455,000 
 31.40  the second year are from the trust fund 
 31.41  to the commissioner of natural 
 31.42  resources for an agreement with Great 
 31.43  River Greening to implement private and 
 31.44  public habitat projects on a cost-share 
 31.45  basis in the Mississippi and Minnesota 
 31.46  river valleys.  This appropriation is 
 31.47  available until June 30, 2004, at which 
 31.48  time the project must be completed and 
 31.49  final products delivered, unless an 
 31.50  earlier date is specified in the work 
 31.51  program. 
 31.52  (j) Acquisition of    
 31.53  Eagle Creek's Last Private Land                   
 31.54  $910,000 is from the future resources 
 31.55  fund to the commissioner of natural 
 31.56  resources for an agreement with the 
 31.57  city of Savage to acquire a buffer 
 31.58  strip along Eagle Creek for transfer 
 31.59  and dedication as an aquatic management 
 31.60  area.  Acquisition expenses incurred 
 31.61  prior to July 1, 2001, may be 
 31.62  reimbursed by the commissioner.  Land 
 31.63  acquired with this appropriation must 
 31.64  be sufficiently improved to meet at 
 32.1   least minimum management standards as 
 32.2   determined by the commissioner of 
 32.3   natural resources. 
 32.4   (k) Neighborhood Wilds      
 32.5   Program    
 32.6   $135,000 is from the future resources 
 32.7   fund to the commissioner of natural 
 32.8   resources for the neighborhood wilds 
 32.9   program to assist neighborhoods 
 32.10  adjacent to public lands and natural 
 32.11  areas in restoration and management of 
 32.12  habitat through demonstration 
 32.13  projects.  This appropriation is 
 32.14  available until June 30, 2004, at which 
 32.15  time the project must be completed and 
 32.16  final products delivered, unless an 
 32.17  earlier date is specified in the work 
 32.18  program. 
 32.19  Subd. 5.  Recreation                  15,768,000      7,517,000
 32.20                Summary by Fund
 32.21  Future Resources 
 32.22  Fund                  8,591,000       340,000
 32.23  Trust Fund            7,177,000     7,177,000
 32.24  (a) Metropolitan Regional   
 32.25  Parks Acquisition,
 32.26  Rehabilitation, and Development  
 32.27  $2,823,000 the first and $2,822,000 the 
 32.28  second year are from the trust fund to 
 32.29  the commissioner of natural resources 
 32.30  for an agreement with the metropolitan 
 32.31  council for subgrants for acquisition, 
 32.32  development, and rehabilitation in the 
 32.33  metropolitan regional park system, 
 32.34  consistent with the metropolitan 
 32.35  council regional recreation open space 
 32.36  capital improvement plan.  This 
 32.37  appropriation may not be used for the 
 32.38  purchase of residential structures.  
 32.39  This appropriation may be used to 
 32.40  reimburse implementing agencies for 
 32.41  acquisition of nonresidential property 
 32.42  as expressly approved in the work 
 32.43  program.  This appropriation is 
 32.44  available until June 30, 2004, at which 
 32.45  time the project must be completed and 
 32.46  final products delivered, unless an 
 32.47  earlier date is specified in the work 
 32.48  program. 
 32.49  (b) Local Grants Initiative:
 32.50  Program Outdoor Recreation
 32.51  Grants               
 32.52  $1,372,000 the first year and 
 32.53  $1,372,000 the second year are from the 
 32.54  trust fund and $1,261,000 is from the 
 32.55  future resources fund to the 
 32.56  commissioner of natural resources for 
 32.57  matching grants: 
 32.58  (1) for regional parks outside the 
 32.59  metropolitan area as defined in 
 32.60  Minnesota Statutes, section 473.121; 
 33.1   (2) for local parks, outdoor recreation 
 33.2   areas, and natural and scenic areas 
 33.3   under Minnesota Statutes, section 
 33.4   85.019; 
 33.5   (3) for statewide conservation partners 
 33.6   grants of up to $20,000 each to 
 33.7   encourage private organizations and 
 33.8   local governments to cost-share 
 33.9   improvements of fish, wildlife, and 
 33.10  native plant habitats and research and 
 33.11  surveys of fish and wildlife; and 
 33.12  (4) for environmental partnerships 
 33.13  program grants of up to $20,000 each 
 33.14  for environmental service projects and 
 33.15  related education activities through 
 33.16  public and private partnerships. 
 33.17  Grants under clause (1) may provide up 
 33.18  to 60 percent of the nonfederal share 
 33.19  of the project cost.  Grants under 
 33.20  clauses (2) to (4) may provide up to 50 
 33.21  percent of the nonfederal share of the 
 33.22  project cost. 
 33.23  The commission will monitor the grants 
 33.24  for approximate balance over extended 
 33.25  periods of time between the 
 33.26  metropolitan area, under Minnesota 
 33.27  Statutes, section 473.121, subdivision 
 33.28  2, and the nonmetropolitan area through 
 33.29  work program oversight and periodic 
 33.30  allocation decisions.  For the purposes 
 33.31  of this paragraph, the match must be a 
 33.32  nonstate contribution, but may be 
 33.33  either cash or qualifying in-kind.  
 33.34  Recipients may receive funding for more 
 33.35  than one project in any given grant 
 33.36  period.  This appropriation is 
 33.37  available until June 30, 2004, at which 
 33.38  time the project must be completed and 
 33.39  final products delivered.  
 33.40  (c) Regional and Local Trail
 33.41  Grants  
 33.42  $1,000,000 is from the future resources 
 33.43  fund to the commissioner of natural 
 33.44  resources for matching trail grants on 
 33.45  a one-to-one basis to local units of 
 33.46  government, under Minnesota Statutes, 
 33.47  section 85.019, for trail linkages 
 33.48  between communities, trails, and parks, 
 33.49  and for locally funded trails of 
 33.50  regional significance outside the 
 33.51  metropolitan area, under Minnesota 
 33.52  Statutes, section 473.121.  If a 
 33.53  project financed under this program 
 33.54  receives a federal grant, the 
 33.55  availability of the financing from this 
 33.56  subdivision for that project is 
 33.57  extended to equal the period of the 
 33.58  federal grant.  
 33.59  (d) Outdoors for Everyone:  
 33.60  Accessing Recreational Trails
 33.61  and Facilities   
 33.62  $115,000 the first year and $115,000 
 33.63  the second year are from the trust fund 
 34.1   to the commissioner of natural 
 34.2   resources for an agreement with 
 34.3   Wilderness Inquiry to provide technical 
 34.4   assistance to local units of government 
 34.5   for development of publicly funded 
 34.6   trails and outdoor recreation 
 34.7   facilities to ensure that federal 
 34.8   standards for accessibility for persons 
 34.9   with disabilities are met.  
 34.10  (e) Water Recreation:  Boat 
 34.11  Access, Fishing Piers, and
 34.12  Shorefishing                      
 34.13  $455,000 the first year and $455,000 
 34.14  the second year are from the trust fund 
 34.15  to the commissioner of natural 
 34.16  resources to acquire and develop public 
 34.17  water access sites statewide, to 
 34.18  construct shorefishing and pier sites, 
 34.19  and to restore shorelands at public 
 34.20  accesses.  This appropriation is 
 34.21  available until June 30, 2004, at which 
 34.22  time the project must be completed and 
 34.23  final products delivered, unless an 
 34.24  earlier date is specified in the work 
 34.25  program. 
 34.26  (f) Grays Bay, Lake        
 34.27  Minnetonka Public Water
 34.28  Access         
 34.29  $2,000,000 is from the future resources 
 34.30  fund to the commissioner of natural 
 34.31  resources to acquire, in cooperation 
 34.32  with the city of Minnetonka, 
 34.33  approximately five acres for a multiuse 
 34.34  water access site on Grays Bay, Lake 
 34.35  Minnetonka. 
 34.36  (g) McQuade Public Access  
 34.37  $500,000 is from the future resources 
 34.38  fund to the commissioner of natural 
 34.39  resources to develop a public access 
 34.40  for Lake Superior in cooperation with 
 34.41  the McQuade Joint Powers Board, U.S. 
 34.42  Army Corps of Engineers, and local 
 34.43  units of government. 
 34.44  (h) Land Acquisition at the 
 34.45  Minnesota Landscape Arboretum    
 34.46  $365,000 the first year and $365,000 
 34.47  the second year are from the trust fund 
 34.48  to the University of Minnesota for an 
 34.49  agreement with the University of 
 34.50  Minnesota Landscape Arboretum 
 34.51  Foundation for the fourth biennium to 
 34.52  acquire in-holdings of the Minnesota 
 34.53  Landscape Arboretum.  This 
 34.54  appropriation must be matched by at 
 34.55  least $730,000 of nonstate money.  This 
 34.56  appropriation is available until June 
 34.57  30, 2004, at which time the project 
 34.58  must be completed and final products 
 34.59  delivered, unless an earlier date is 
 34.60  specified in the work program. 
 34.61  (i) Gateway Trail Bridge          
 35.1   $530,000 is from the future resources 
 35.2   fund to the commissioner of natural 
 35.3   resources for a trail bridge over state 
 35.4   highway No. 96 and expanded parking. 
 35.5   (j) State Trail Projects    
 35.6   $910,000 is from the future resources 
 35.7   fund to the commissioner of natural 
 35.8   resources to provide matching funds for 
 35.9   state trail projects eligible to 
 35.10  receive federal TEA-21 funds.  If a 
 35.11  project financed under this program 
 35.12  receives a federal grant, the 
 35.13  availability of the financing from this 
 35.14  subdivision for that project is 
 35.15  extended to equal the period of the 
 35.16  federal grant. 
 35.17  (k) Gitchi-Gami State Trail    
 35.18  $455,000 the first year and $455,000 
 35.19  the second year are from the trust fund 
 35.20  to the commissioner of natural 
 35.21  resources, in cooperation with the 
 35.22  Gitchi-Gami Trail Association, for the 
 35.23  second biennium to acquire and develop 
 35.24  approximately four miles of the 
 35.25  Gitchi-Gami state trail between 
 35.26  Gooseberry Falls state park and the 
 35.27  Split Rock river.  As a condition of 
 35.28  this appropriation, the commissioner 
 35.29  must apply for federal TEA-21 funds for 
 35.30  funding of this portion of the trail 
 35.31  and must report back to the legislative 
 35.32  commission on Minnesota resources prior 
 35.33  to any expenditure.  This appropriation 
 35.34  is available until June 30, 2004, at 
 35.35  which time the project must be 
 35.36  completed and final products delivered, 
 35.37  unless an earlier date is specified in 
 35.38  the work program.  
 35.39  (l) Forest History Center   
 35.40  Interpretive Trail    
 35.41  $90,000 is from the future resources 
 35.42  fund to the Minnesota historical 
 35.43  society to design and upgrade trails at 
 35.44  the Forest History Center in Grand 
 35.45  Rapids. 
 35.46  (m) Mesabi Trail Facility  
 35.47  $190,000 is from the future resources 
 35.48  fund to the commissioner of natural 
 35.49  resources for an agreement with the St. 
 35.50  Louis and Lake Counties Regional Rail 
 35.51  Authority for the authority to acquire 
 35.52  land and design a Mesabi trail center 
 35.53  building. 
 35.54  (n) Regional Trailhead      
 35.55  Building      
 35.56  $135,000 is from the future resources 
 35.57  fund to the commissioner of natural 
 35.58  resources for an agreement with the 
 35.59  Itasca county land department to 
 35.60  complete construction of a trailhead 
 35.61  building at Itasca county fairgrounds 
 36.1   to serve regional trail users. 
 36.2   (o) Itasca County Fairground
 36.3   Conservation Building  
 36.4   $45,000 is from the future resources 
 36.5   fund to the commissioner of natural 
 36.6   resources for an agreement with the 
 36.7   Itasca County Agricultural Association 
 36.8   to renovate a 1934 WPA log building at 
 36.9   the Itasca county fairgrounds as an 
 36.10  environmental learning facility, and to 
 36.11  develop curricula and exhibits on lakes 
 36.12  and fishing. 
 36.13  (p) Development and         
 36.14  Rehabilitation of Recreational
 36.15  Shooting Ranges       
 36.16  $910,000 is from the future resources 
 36.17  fund to the commissioner of natural 
 36.18  resources to provide cost-share grants 
 36.19  on a one-to-one basis to local 
 36.20  recreational shooting clubs for the 
 36.21  purpose of developing or rehabilitating 
 36.22  shooting sports facilities for public 
 36.23  use.  Recipient facilities must be open 
 36.24  to the general public at reasonable 
 36.25  times and for a reasonable fee on a 
 36.26  walk-in basis. 
 36.27  (q) State Park and
 36.28  Recreation Area Acquisition
 36.29  $616,000 is from the future resources 
 36.30  fund to the commissioner of natural 
 36.31  resources for acquisition of 
 36.32  in-holdings for state park and 
 36.33  recreation areas.  Land acquired with 
 36.34  this appropriation must be sufficiently 
 36.35  improved to meet at least minimum 
 36.36  management standards as determined by 
 36.37  the commissioner of natural resources. 
 36.38  (r) LAWCON 
 36.39  $404,000 in the first year and $340,000 
 36.40  in the second year are from the 
 36.41  Minnesota future resources fund to the 
 36.42  commissioner of natural resources for 
 36.43  projects allowed under the federal Land 
 36.44  and Water Conservation Fund Act. 
 36.45  Subd. 6.  Water Resources              2,310,000        115,000
 36.46                Summary by Fund
 36.47  Future Resources 
 36.48  Fund                  2,195,000       -0-    
 36.49  Trust Fund              115,000       115,000
 36.50  (a) Accelerated             
 36.51  Implementation of Local
 36.52  Water Plans   
 36.53  $1,365,000 is from the future resources 
 36.54  fund to the board of water and soil 
 36.55  resources to accelerate the local water 
 36.56  planning challenge grant program under 
 36.57  Minnesota Statutes, sections 103B.3361 
 37.1   to 103B.3369, through the 
 37.2   implementation of high-priority 
 37.3   activities in comprehensive water 
 37.4   management plans on a one-to-one match 
 37.5   basis of cash or interest in land and 
 37.6   for a program reporting system.  This 
 37.7   appropriation is available until June 
 37.8   30, 2004, at which time the project 
 37.9   must be completed and final products 
 37.10  delivered, unless an earlier date is 
 37.11  specified in the work program. 
 37.12  (b) Alternative Stormwater 
 37.13  Systems     
 37.14  $180,000 is from the future resources 
 37.15  fund to the commissioner of natural 
 37.16  resources for an agreement with the 
 37.17  metropolitan council to provide 
 37.18  incentives in metropolitan council 
 37.19  grants to communities and land 
 37.20  developers for alternative stormwater 
 37.21  conveyance systems that minimize the 
 37.22  runoff quantity and improve runoff 
 37.23  quality.  Funds will assist in the 
 37.24  design, construction, and monitoring of 
 37.25  at least seven alternative stormwater 
 37.26  conveyance systems to the standard curb 
 37.27  and gutter design. 
 37.28  (c) Green Infrastructure    
 37.29  Design Strategies in
 37.30  Washington, Ramsey, and
 37.31  Dakota Counties                    
 37.32  $275,000 is from the future resources 
 37.33  fund to the University of Minnesota to 
 37.34  develop green infrastructure design 
 37.35  strategies for incorporation into 
 37.36  public works projects. 
 37.37  (d) Denitrification Strategies for
 37.38  Minnesota's Contaminated Aquifers      
 37.39  $115,000 the first year and $115,000 
 37.40  the second year are from the trust fund 
 37.41  to the University of Minnesota to 
 37.42  assess denitrification technology to 
 37.43  remediate nitrate-contaminated 
 37.44  groundwater.  This appropriation is 
 37.45  available until June 30, 2004, at which 
 37.46  time the project must be completed and 
 37.47  final products delivered, unless an 
 37.48  earlier date is specified in the work 
 37.49  program. 
 37.50  (e) Determination of Fecal  
 37.51  Pollution Sources in Minnesota
 37.52  Watersheds    
 37.53  $275,000 is from the future resources 
 37.54  fund to the University of Minnesota for 
 37.55  the second biennium to determine 
 37.56  sources of fecal pollution in three 
 37.57  impacted watersheds utilizing DNA 
 37.58  fingerprinting techniques, and evaluate 
 37.59  the efficacy of implemented and 
 37.60  proposed abatement procedures to 
 37.61  remediate fecal contamination. 
 37.62  (f) Mississippi Headwaters  
 38.1   Board:  Environmental Economic
 38.2   Assessments                 
 38.3   $100,000 is from the future resources 
 38.4   fund to the commissioner of natural 
 38.5   resources for an agreement with the 
 38.6   Mississippi headwaters board to 
 38.7   accelerate the river watch watershed 
 38.8   monitoring program and integrate 
 38.9   economic and water data analysis into 
 38.10  decision-making tools for landowners 
 38.11  and local units of government. 
 38.12  Subd. 7.  Land Use and      
 38.13  Natural Resource Information             880,000        810,000
 38.14                Summary by Fund
 38.15  Future Resources 
 38.16  Fund                     70,000       -0-    
 38.17  Trust Fund              810,000       810,000
 38.18  (a) Hydraulic Impacts of   
 38.19  Quarries and Gravel Pits   
 38.20  $160,000 the first year and $160,000 
 38.21  the second year are from the trust fund 
 38.22  to the commissioner of natural 
 38.23  resources to research and evaluate the 
 38.24  impact of aggregate extraction on 
 38.25  groundwater quality and quantity.  This 
 38.26  appropriation is available until June 
 38.27  30, 2004, at which time the project 
 38.28  must be completed and final products 
 38.29  delivered, unless an earlier date is 
 38.30  specified in the work program. 
 38.31  (b) GIS Management in      
 38.32  Koochiching County                     
 38.33  $70,000 is from the future resources 
 38.34  fund to the commissioner of natural 
 38.35  resources for an agreement with 
 38.36  Koochiching county to develop 
 38.37  parcel-based GIS capability for 
 38.38  Koochiching county for land use, 
 38.39  natural resource, and fiscal data. 
 38.40  (c) Updating Outmoded Soil  
 38.41  Surveys - Continuation                 
 38.42  $250,000 the first year and $250,000 
 38.43  the second year are from the trust fund 
 38.44  to the board of water and soil 
 38.45  resources for the second biennium of a 
 38.46  three biennia project to accelerate a 
 38.47  statewide program to update and 
 38.48  digitize outmoded soil surveys in four 
 38.49  southeast Minnesota counties.  
 38.50  Participating counties must provide a 
 38.51  cost share.  This appropriation is 
 38.52  available until June 30, 2004, at which 
 38.53  time the project must be completed and 
 38.54  final products delivered, unless an 
 38.55  earlier date is specified in the work 
 38.56  program. 
 38.57  (d) Minnesota County Biological
 38.58  Survey - Continuation
 39.1   $400,000 the first year and $400,000 
 39.2   the second year are from the trust fund 
 39.3   to the commissioner of natural 
 39.4   resources for the eighth biennium of a 
 39.5   12-biennia project to accelerate the 
 39.6   survey that identifies significant 
 39.7   natural areas and systematically 
 39.8   collects and interprets data on the 
 39.9   distribution and ecology of natural 
 39.10  communities, rare plants, and animals. 
 39.11  Subd. 8.  Agriculture and   
 39.12  Natural Resource Industries              637,000        103,000
 39.13                Summary by Fund
 39.14  Future Resources 
 39.15  Fund                    535,000       -0-    
 39.16  Trust Fund              102,000       103,000
 39.17  (a) Evaluating Timber       
 39.18  Harvesting and Forest Management
 39.19  Guidelines                              
 39.20  $200,000 is from the future resources 
 39.21  fund to the University of Minnesota, in 
 39.22  cooperation with the Minnesota forest 
 39.23  resources council, to initiate an 
 39.24  evaluation of the effectiveness of 
 39.25  forest management timber harvesting 
 39.26  guidelines for riparian areas.  This is 
 39.27  the first biennium of a five-biennia 
 39.28  project.  This appropriation is 
 39.29  available until June 30, 2004, at which 
 39.30  time the project must be completed and 
 39.31  final products delivered, unless an 
 39.32  earlier date is specified in the work 
 39.33  program. 
 39.34  (b) Agricultural Land       
 39.35  Preservation           
 39.36  $102,000 the first year and $103,000 
 39.37  the second year are from the trust fund 
 39.38  to the commissioner of agriculture in 
 39.39  cooperation with Dakota county for 
 39.40  educational materials, training, and 
 39.41  workshops on agricultural land use 
 39.42  planning tools. 
 39.43  (c) Environmental Practices 
 39.44  on Dairy Farms             
 39.45  $245,000 is from the future resources 
 39.46  fund to the commissioner of natural 
 39.47  resources for an agreement with the 
 39.48  Minnesota milk producers association to 
 39.49  assist dairy producers in complying 
 39.50  with environmental quality regulations. 
 39.51  (d) Accelerated Technology  
 39.52  Transfer for Starch-Based
 39.53  Plastics                            
 39.54  $90,000 is from the future resources 
 39.55  fund to the University of Minnesota to 
 39.56  produce and market biodegradable, 
 39.57  starch-based plastic. 
 39.58  Subd. 9.  Energy                          90,000        -0-    
 40.1                 Summary by Fund
 40.2   Oil Overcharge   
 40.3   Money                    90,000       -0-    
 40.4   Improving Air Quality by    
 40.5   Using Biodiesel in
 40.6   Generators                   
 40.7   $90,000 is from the oil overcharge 
 40.8   money to the commissioner of 
 40.9   administration for an agreement with 
 40.10  the University of Minnesota to evaluate 
 40.11  the use of biodiesel fuel in 
 40.12  diesel-powered generators and 
 40.13  associated impacts of emissions on air 
 40.14  quality. 
 40.15  Subd. 10.  Environmental Education     1,996,000        474,000
 40.16                Summary by Fund
 40.17  Future Resources 
 40.18  Fund                  1,520,000       -0-    
 40.19  Trust Fund              476,000       474,000
 40.20  (a) Uncommon Ground:  An    
 40.21  Educational Television Series   
 40.22  $228,000 the first year and $227,000 
 40.23  the second year are from the trust fund 
 40.24  to the University of Minnesota for the 
 40.25  second biennium of a two-biennia 
 40.26  project to complete production of a 
 40.27  multipart, televised film series of the 
 40.28  history of Minnesota's natural 
 40.29  landscapes. 
 40.30  (b) WaterScapes:  Outdoor   
 40.31  Nonpoint Source Pollution
 40.32  Education                               
 40.33  $133,000 the first year and $132,000 
 40.34  the second year are from the trust fund 
 40.35  to the Science Museum of Minnesota to 
 40.36  create outdoor exhibits about urban and 
 40.37  rural runoff and contamination and that 
 40.38  demonstrate methods to improve water 
 40.39  quality.  This appropriation must be 
 40.40  matched by at least $265,000 of 
 40.41  nonstate contributions, cash or 
 40.42  in-kind.  This appropriation is 
 40.43  available until June 30, 2004, at which 
 40.44  time the project must be completed and 
 40.45  final products delivered, unless an 
 40.46  earlier date is specified in the work 
 40.47  program.  
 40.48  (c) Sustainable Inner-City  
 40.49  Communities Through Environmental
 40.50  Literacy     
 40.51  $545,000 is from the future resources 
 40.52  fund to the commissioner of natural 
 40.53  resources for an agreement with 
 40.54  Sabathani Community Center for 
 40.55  collaborative community environmental 
 40.56  education and youth outreach. 
 40.57  (d) Integrated Pest         
 41.1   Management in Schools                     
 41.2   $180,000 is from the future resources 
 41.3   fund to the commissioner of agriculture 
 41.4   to implement integrated pest management 
 41.5   (IPM) practices in Minnesota K-12 
 41.6   schools. 
 41.7   (e) Burn, Plant, and Learn: 
 41.8   Restoring Upland Habitats   
 41.9   $115,000 the first year and $115,000 
 41.10  the second year are from the trust fund 
 41.11  to the Science Museum of Minnesota for 
 41.12  acquisition of approximately eight 
 41.13  acres of property adjacent to the St. 
 41.14  Croix watershed research station and 
 41.15  for training programs, technical 
 41.16  assistance, and demonstrations of 
 41.17  upland habitat restoration.  This 
 41.18  appropriation is available until June 
 41.19  30, 2004, at which time the project 
 41.20  must be completed and final products 
 41.21  delivered, unless an earlier date is 
 41.22  specified in the work program. 
 41.23  (f) Connecting with Wildlife 
 41.24  at the Minnesota Zoo                   
 41.25  $230,000 is from the future resources 
 41.26  fund to the Minnesota Zoo to design and 
 41.27  develop interpretive environmental 
 41.28  educational displays for trail exhibit 
 41.29  areas. 
 41.30  (g) Project Green Start:    
 41.31  Environmental Education                
 41.32  $340,000 is from the future resources 
 41.33  fund to the commissioner of natural 
 41.34  resources for an agreement with the 
 41.35  Minnesota Children's Museum to 
 41.36  construct habitat exhibits for 
 41.37  environmental education activities. 
 41.38  (h) Raptor Propagation:     
 41.39  Student Education                      
 41.40  $35,000 is from the future resources 
 41.41  fund to the commissioner of natural 
 41.42  resources for an agreement with 
 41.43  Stillwater Area High School to build a 
 41.44  captive breeding facility for raptors 
 41.45  and develop associated education 
 41.46  activities. 
 41.47  (i) Hennepin Parks Farm     
 41.48  Education       
 41.49  $100,000 is from the future resources 
 41.50  fund to the commissioner of natural 
 41.51  resources for an agreement with 
 41.52  suburban Hennepin regional park 
 41.53  district to develop and implement a 
 41.54  coordinated farm education program at 
 41.55  Gale's Woods Special Recreation Area 
 41.56  and North Mississippi Regional Park. 
 41.57  (j) Residential Environmental
 41.58  Education for Youth 
 42.1   $90,000 is from the future resources 
 42.2   fund to the commissioner of natural 
 42.3   resources for an agreement with Camp 
 42.4   Courage for student scholarships and 
 42.5   marketing for the residential 
 42.6   environmental education program. 
 42.7   Subd. 11.  Data Availability 
 42.8   Requirements
 42.9   (a) During the biennium ending June 30, 
 42.10  2003, the data collected by the 
 42.11  projects funded under this section that 
 42.12  have common value for natural resource 
 42.13  planning and management must conform to 
 42.14  information architecture as defined in 
 42.15  guidelines and standards adopted by the 
 42.16  office of technology.  Spatial data 
 42.17  must conform with geographic 
 42.18  information system guidelines and 
 42.19  standards adopted by the Minnesota 
 42.20  Geographic Data Clearinghouse at the 
 42.21  Land Management Information Center.  
 42.22  These data must be made accessible and 
 42.23  free to the public unless made private 
 42.24  under the Data Practices Act, Minnesota 
 42.25  Statutes, chapter 13. 
 42.26  (b) To the extent practicable, summary 
 42.27  data and results of projects funded 
 42.28  under this section should be readily 
 42.29  accessible on the Internet. 
 42.30  (c) As part of project expenditures, 
 42.31  recipients of land acquisition 
 42.32  appropriations must provide the 
 42.33  information necessary to update public 
 42.34  recreation information maps to the 
 42.35  department of natural resources in the 
 42.36  specified form. 
 42.37  Subd. 12.  Project Requirements
 42.38  It is a condition of acceptance of the 
 42.39  appropriations in this section that any 
 42.40  agency or entity receiving the 
 42.41  appropriation must comply with 
 42.42  Minnesota Statutes, chapter 116P. 
 42.43  Subd. 13.  Match Requirements
 42.44  Unless specifically authorized, 
 42.45  appropriations in this section that 
 42.46  must be matched and for which the match 
 42.47  has not been committed by December 31, 
 42.48  2001, are canceled, and in-kind 
 42.49  contributions may not be counted as 
 42.50  matching funds. 
 42.51  Subd. 14.  Payment Conditions
 42.52  and Capital Equipment Expenditures
 42.53  All agreements, grants, or contracts 
 42.54  referred to in this section must be 
 42.55  administered on a reimbursement basis.  
 42.56  Notwithstanding Minnesota Statutes, 
 42.57  section 16A.41, expenditures made on or 
 42.58  after July 1, 2001, or the date the 
 42.59  work program is approved, whichever is 
 42.60  later, are eligible for reimbursement, 
 42.61  unless otherwise provided in this 
 43.1   section.  Payment must be made upon 
 43.2   receiving documentation that 
 43.3   project-eligible reimbursable amounts 
 43.4   have been expended, except that 
 43.5   reasonable amounts may be advanced to 
 43.6   projects in order to accommodate 
 43.7   cash-flow needs.  The advances must be 
 43.8   approved as part of the work program.  
 43.9   No expenditures for capital equipment 
 43.10  are allowed unless expressly authorized 
 43.11  in the project work program. 
 43.12  Subd. 15.  Purchase of Recycled
 43.13  and Recyclable Materials
 43.14  A political subdivision, public or 
 43.15  private corporation, or other entity 
 43.16  that receives an appropriation in this 
 43.17  section must use the appropriation in 
 43.18  compliance with Minnesota Statutes, 
 43.19  sections 16B.121 to 16B.122, requiring 
 43.20  the purchase of recycled, repairable, 
 43.21  and durable materials, the purchase of 
 43.22  uncoated paper stock, and the use of 
 43.23  soy-based ink, the same as if it were a 
 43.24  state agency. 
 43.25  Subd. 16.  Energy Conservation
 43.26  A recipient to whom an appropriation is 
 43.27  made in this section for a capital 
 43.28  improvement project shall ensure that 
 43.29  the project complies with the 
 43.30  applicable energy conservation 
 43.31  standards contained in law, including 
 43.32  Minnesota Statutes, sections 216C.19 to 
 43.33  216C.20, and rules adopted thereunder. 
 43.34  The recipient may use the energy 
 43.35  planning and intervention and energy 
 43.36  technologies units of the department of 
 43.37  public service to obtain information 
 43.38  and technical assistance on energy 
 43.39  conservation and alternative energy 
 43.40  development relating to the planning 
 43.41  and construction of the capital 
 43.42  improvement project. 
 43.43  Subd. 17.  Accessibility      
 43.44  New structures must be shown to meet 
 43.45  the design standards in the Americans 
 43.46  with Disability Act Accessibility 
 43.47  Guidelines.  Nonstructural facilities 
 43.48  such as trails, campgrounds, picnic 
 43.49  areas, parking, play areas, water 
 43.50  sources, and the access routes to these 
 43.51  features should be shown to be designed 
 43.52  using guidelines in the Recommendations 
 43.53  for Accessibility Guidelines:  
 43.54  Recreational Facilities and Outdoor 
 43.55  Developed Areas. 
 43.56  Subd. 18.  Carryforward       
 43.57  (a) The availability of the 
 43.58  appropriations for the following 
 43.59  projects is extended to June 30, 2002:  
 43.60  Laws 1999, chapter 231, section 16, 
 43.61  subdivision 4, paragraph (m), Como Park 
 43.62  campus maintenance; subdivision 6, 
 44.1   paragraph (b), identification of 
 44.2   sediment sources in agricultural 
 44.3   watersheds, paragraph (c), accelerated 
 44.4   statewide local water plan 
 44.5   implementation; subdivision 7, 
 44.6   paragraph (g), Minnesota river basin 
 44.7   initiative; local leadership, paragraph 
 44.8   (h), commercial fertilizer plant for 
 44.9   livestock solid waste processing, and 
 44.10  paragraph (j), wild rice management 
 44.11  planning; subdivision 8, paragraph (b), 
 44.12  tools and training for community-based 
 44.13  planning; subdivision 10, paragraph 
 44.14  (g), by-products application to 
 44.15  agricultural, mineland, and forest 
 44.16  soils; subdivision 11, paragraph (c), 
 44.17  Minnesota wolf public education; 
 44.18  subdivision 12, paragraph (d), Dakota 
 44.19  county wetland health monitoring 
 44.20  program, paragraph (e), predicting 
 44.21  water and forest resources health and 
 44.22  sustainability, and paragraph (f), 
 44.23  potential for infant risk from nitrate 
 44.24  contamination; and subdivision 13, 
 44.25  paragraph (b), national prairie 
 44.26  passage; linking isolated prairie 
 44.27  preserves, paragraph (g), arboretum 
 44.28  land acquisition and wetlands 
 44.29  restoration - continuation. 
 44.30  (b) The availability of the 
 44.31  appropriations for the following 
 44.32  projects is extended to June 30, 2004:  
 44.33  Laws 1999, chapter 231, section 16, 
 44.34  subdivision 4, paragraph (b), Mesabi 
 44.35  trail land acquisition and development -
 44.36  continuation; and subdivision 11, 
 44.37  paragraph (f), science outreach and 
 44.38  integrated learning on soil. 
 44.39  (c) The availability of the 
 44.40  appropriation in Laws 1999, chapter 
 44.41  231, section 16, subdivision 8, 
 44.42  paragraph (a), resources for 
 44.43  redevelopment:  a community property 
 44.44  investigation program, is extended to 
 44.45  June 30, 2002, for additional sites. 
 44.46  (d) The availability of the 
 44.47  appropriation in Laws 1999, chapter 
 44.48  231, section 16, subdivision 9, 
 44.49  paragraph (c), evaluate biodiesel made 
 44.50  from waste fats and oils, is extended 
 44.51  to June 30, 2002, for trial in 
 44.52  heavy-duty vehicles. 
 44.53  (e) The availability of the 
 44.54  appropriations in Laws 1999, chapter 
 44.55  231, section 16, is extended to June 
 44.56  30, 2002, if an approved work program 
 44.57  submitted before June 30, 2001, 
 44.58  requires an extension of time for 
 44.59  completion of the project due to the 
 44.60  flooding of 2001. 
 44.61     Sec. 14.  Minnesota Statutes 2000, section 15.059, 
 44.62  subdivision 5a, is amended to read: 
 44.63     Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
 45.1   5, the advisory councils and committees listed in this 
 45.2   subdivision do not expire June 30, 1997.  These groups expire 
 45.3   June 30, 2001, unless the law creating the group or this 
 45.4   subdivision specifies an earlier expiration date. 
 45.5      Investment advisory council, created in section 11A.08; 
 45.6      Intergovernmental information systems advisory council, 
 45.7   created in section 16B.42, expires June 30, 1999; 
 45.8      Feedlot and manure management advisory committee, created 
 45.9   in section 17.136; 
 45.10     Aquaculture advisory committee, created in section 17.49; 
 45.11     Dairy producers board, created in section 17.76; 
 45.12     Pesticide applicator education and examination review 
 45.13  board, created in section 18B.305; 
 45.14     Advisory seed potato certification task force, created in 
 45.15  section 21.112; 
 45.16     Food safety advisory committee, created in section 28A.20; 
 45.17     Minnesota organic advisory task force, created in section 
 45.18  31.95; 
 45.19     Public programs risk adjustment work group, created in 
 45.20  section 62Q.03; 
 45.21     Workers' compensation self-insurers' advisory committee, 
 45.22  created in section 79A.02; 
 45.23     Youth corps advisory committee, created in section 84.0887; 
 45.24     Iron range off-highway vehicle advisory committee, created 
 45.25  in section 85.013; 
 45.26     Mineral coordinating committee, created in section 93.002; 
 45.27     Game and fish fund citizen advisory committees, created in 
 45.28  section 97A.055; 
 45.29     Wetland heritage advisory committee, created in section 
 45.30  103G.2242; 
 45.31     Wastewater treatment technical advisory committee, created 
 45.32  in section 115.54; 
 45.33     Solid waste management advisory council, created in section 
 45.34  115A.12; 
 45.35     Nuclear waste council, created in section 116C.711; 
 45.36     Genetically engineered organism advisory committee, created 
 46.1   in section 116C.93; 
 46.2      Environment and natural resources trust fund advisory 
 46.3   committee, created in section 116P.06; 
 46.4      Child abuse prevention advisory council, created in section 
 46.5   119A.13; 
 46.6      Chemical abuse and violence prevention council, created in 
 46.7   section 119A.293; 
 46.8      Youth neighborhood centers advisory board, created in 
 46.9   section 119A.295; 
 46.10     Interagency coordinating council, created in section 
 46.11  125A.28, expires June 30, 1999; 
 46.12     Desegregation/integration advisory board, created in 
 46.13  section 124D.892; 
 46.14     Nonpublic education council, created in section 123B.445; 
 46.15     Permanent school fund advisory committee, created in 
 46.16  section 127A.30; 
 46.17     Indian scholarship committee, created in section 124D.84, 
 46.18  subdivision 2; 
 46.19     American Indian education committees, created in section 
 46.20  124D.80; 
 46.21     Summer scholarship advisory committee, created in section 
 46.22  124D.95; 
 46.23     Multicultural education advisory committee, created in 
 46.24  section 124D.894; 
 46.25     Male responsibility and fathering grants review committee, 
 46.26  created in section 124D.33; 
 46.27     Library for the blind and physically handicapped advisory 
 46.28  committee, created in section 134.31; 
 46.29     Higher education advisory council, created in section 
 46.30  136A.031; 
 46.31     Student advisory council, created in section 136A.031; 
 46.32     Cancer surveillance advisory committee, created in section 
 46.33  144.672; 
 46.34     Maternal and child health task force, created in section 
 46.35  145.881; 
 46.36     State community health advisory committee, created in 
 47.1   section 145A.10; 
 47.2      Mississippi River Parkway commission, created in section 
 47.3   161.1419; 
 47.4      School bus safety advisory committee, created in section 
 47.5   169.435; 
 47.6      Advisory council on workers' compensation, created in 
 47.7   section 175.007; 
 47.8      Code enforcement advisory council, created in section 
 47.9   175.008; 
 47.10     Medical services review board, created in section 176.103; 
 47.11     Apprenticeship advisory council, created in section 178.02; 
 47.12     OSHA advisory council, created in section 182.656; 
 47.13     Health professionals services program advisory committee, 
 47.14  created in section 214.32; 
 47.15     Rehabilitation advisory council for the blind, created in 
 47.16  section 248.10; 
 47.17     American Indian advisory council, created in section 
 47.18  254A.035; 
 47.19     Alcohol and other drug abuse advisory council, created in 
 47.20  section 254A.04; 
 47.21     Medical assistance drug formulary committee, created in 
 47.22  section 256B.0625; 
 47.23     Home care advisory committee, created in section 256B.071; 
 47.24     Preadmission screening, alternative care, and home and 
 47.25  community-based services advisory committee, created in section 
 47.26  256B.0911; 
 47.27     Traumatic brain injury advisory committee, created in 
 47.28  section 256B.093; 
 47.29     Minnesota commission serving deaf and hard-of-hearing 
 47.30  people, created in section 256C.28; 
 47.31     American Indian child welfare advisory council, created in 
 47.32  section 260.835; 
 47.33     Juvenile justice advisory committee, created in section 
 47.34  268.29; 
 47.35     Northeast Minnesota economic development fund technical 
 47.36  advisory committees, created in section 298.2213; 
 48.1      Iron range higher education committee, created in section 
 48.2   298.2214; 
 48.3      Northeast Minnesota economic protection trust fund 
 48.4   technical advisory committee, created in section 298.297; 
 48.5      Advisory council on battered women and domestic abuse, 
 48.6   created in section 611A.34. 
 48.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 48.8   following final enactment. 
 48.9      Sec. 15.  Minnesota Statutes 2000, section 17.038, is 
 48.10  amended to read: 
 48.11     17.038 [STATISTICAL SERVICES ACCOUNT.] 
 48.12     The statistical services account is established in the 
 48.13  agricultural fund.  All payments for statistical services 
 48.14  performed by the agricultural statistics division of the 
 48.15  department of agriculture must be deposited in the agricultural 
 48.16  fund and credited to the statistical services account.  The 
 48.17  money in the account, including interest accrued, is 
 48.18  appropriated to the commissioner of agriculture to administer 
 48.19  the programs of the agricultural statistics division. 
 48.20     Sec. 16.  Minnesota Statutes 2000, section 17.1025, is 
 48.21  amended to read: 
 48.22     17.1025 [MINNESOTA CERTIFICATION PROGRAM.] 
 48.23     Subdivision 1.  [MINNESOTA CERTIFICATION PROGRAM 
 48.24  ESTABLISHED.] In cooperation with the University of Minnesota, 
 48.25  the department of trade and economic development, and the board 
 48.26  of animal health, the commissioner shall establish a pilot 
 48.27  program to certify agricultural production methods and 
 48.28  agricultural products grown or processed within the state to 
 48.29  assure the integrity of claims made by participating 
 48.30  businesses.  The commissioner may select and cooperate with 
 48.31  private organizations that have established procedures and 
 48.32  safeguards to justify claimed characteristics of the production 
 48.33  process or the final certified product to conduct certification 
 48.34  activities for third party producers. 
 48.35     Subd. 2.  [CERTIFICATION PROCESS.] The commissioner may 
 48.36  establish guidelines for the certification program, which are 
 49.1   not subject to chapter 14.  The commissioner shall submit a 
 49.2   report on the pilot program to the legislature by February 1, 
 49.3   2001.  Applications for certification must be submitted to the 
 49.4   commissioner and must be evaluated by representatives of the 
 49.5   commissioner, the University of Minnesota, the department of 
 49.6   trade and economic development, other state agencies with 
 49.7   regulatory authority or expertise in the subject matter of the 
 49.8   application or in the certification process, and any other 
 49.9   person named by the commissioner. 
 49.10     The commissioner shall make the final certification 
 49.11  decision after the certification group prepares a 
 49.12  recommendation.  The application may be accepted, denied, or 
 49.13  returned to the applicant for further action.  The 
 49.14  recommendation must be based upon the benefit of the 
 49.15  certification to the producer or processor, the benefit to the 
 49.16  state's agricultural economy, the costs to the state involved in 
 49.17  certification and ongoing monitoring, the quality of internal 
 49.18  and external audit controls to assure compliance with the terms 
 49.19  of the certification, and other factors appropriate to best 
 49.20  benefit the participants and the state. 
 49.21     Subd. 3.  [INTELLECTUAL PROPERTY.] The commissioner must 
 49.22  develop a logo and language to best promote the use of certified 
 49.23  products and procedures, and must explore and implement 
 49.24  procedures to best use the resources of the Internet in the 
 49.25  promotion and distribution of Minnesota certified products and 
 49.26  processes. 
 49.27     Subd. 4.  [CERTIFICATION REVOCATION OR SUSPENSION.] A 
 49.28  certification may be suspended or revoked by the commissioner 
 49.29  without hearing if the terms of the certification are not being 
 49.30  followed, the certification has become unused or obsolete, or if 
 49.31  the continued use of the certification is contrary to the 
 49.32  interests of the state or the purpose of the certification 
 49.33  program.  Use of the certification after suspension or 
 49.34  revocation is a misdemeanor and may also be enjoined by the 
 49.35  commissioner in an action in district court. 
 49.36     Subd. 5.  [FEES.] The commissioner may set fees for 
 50.1   certification and ongoing monitoring of a certification.  Fees 
 50.2   must be determined on a case-by-case basis based upon the 
 50.3   applicant's ability to pay.  The commissioner shall attempt to 
 50.4   make the certification program self-supporting. 
 50.5      Subd. 6.  [NO GUARANTEE OR WARRANTY.] Certification does 
 50.6   not constitute a guarantee or warranty as to any characteristic 
 50.7   of any product or production process.  The state and other 
 50.8   parties involved in the certification decision may not be found 
 50.9   liable for a certification or refusal to certify. 
 50.10     Subd. 7.  [EXPIRATION.] This section expires June 30, 2007. 
 50.11     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 50.12  following final enactment. 
 50.13     Sec. 17.  Minnesota Statutes 2000, section 17.117, is 
 50.14  amended to read: 
 50.15     17.117 [AGRICULTURE BEST MANAGEMENT PRACTICES LOAN 
 50.16  PROGRAM.] 
 50.17     Subdivision 1.  [PURPOSE.] The purpose of the agriculture 
 50.18  best management practices loan program is to provide low or no 
 50.19  interest financing to farmers, agriculture supply businesses, 
 50.20  and rural landowners for the implementation of agriculture and 
 50.21  other best management practices that reduce environmental 
 50.22  pollution. 
 50.23     Subd. 2.  [AUTHORITY.] The commissioner shall may develop 
 50.24  administrative guidelines specifying criteria, standards, and 
 50.25  procedures for making loans and establish, adopt rules for, and 
 50.26  implement a program to make loans or otherwise provide funds to 
 50.27  local units of government, federal authorities, lending 
 50.28  institutions, and other appropriate organizations who will in 
 50.29  turn provide loans to landowners and businesses for facilities, 
 50.30  fixtures, equipment, or other sustainable best management 
 50.31  practices that prevent or mitigate sources of nonpoint source 
 50.32  water pollution or other adverse environmental impacts.  The 
 50.33  commissioner shall establish pilot projects to develop 
 50.34  procedures for implementing the program.  The commissioner shall 
 50.35  develop administrative guidelines to implement the pilot 
 50.36  projects specifying criteria, standards, and procedures for 
 51.1   making loans.  The agriculture best management practices loan 
 51.2   program must provide a consistent programmatic framework for the 
 51.3   disbursement and administration of funds available to the 
 51.4   commissioner designated to the program for protection of 
 51.5   environmental quality or remediation or mitigation of adverse 
 51.6   environmental impacts.  The distribution of loans or funds 
 51.7   through the program must comply with all limitations, 
 51.8   provisions, or requirements of the respective funding sources.  
 51.9   Unless otherwise limited by the funding source, the commissioner 
 51.10  shall manage the program using perpetual revolving fund accounts.
 51.11     Subd. 3.  [APPROPRIATIONS.] Up to $140,000,000 of the 
 51.12  balance in the water pollution control revolving fund in section 
 51.13  446A.07, as determined by the public facilities authority, is 
 51.14  appropriated to the commissioner for the establishment of this 
 51.15  program.  In addition, the commissioner may receive 
 51.16  appropriations from the legislature and grants or funds from 
 51.17  other sources for implementation of the program. 
 51.18     Subd. 4.  [DEFINITIONS.] For the purposes of this section, 
 51.19  the terms defined in this subdivision have the meanings given 
 51.20  them. 
 51.21     (a) "Agricultural and environmental revolving accounts" 
 51.22  means accounts in the agricultural fund, controlled by the 
 51.23  commissioner, which hold funds available to the program. 
 51.24     (b) "Agriculture supply business" means a person, 
 51.25  partnership, joint venture, corporation, limited liability 
 51.26  company, association, firm, public service company, or 
 51.27  cooperative that provides materials, equipment, or services to 
 51.28  farmers or agriculture-related enterprises. 
 51.29     (c) "Allocation" means the funds awarded to an applicant 
 51.30  for implementation of best management practices through a 
 51.31  competitive or noncompetitive application process. 
 51.32     (a) (d) "Applicant" means a county or a local government 
 51.33  unit designated by a county under subdivision 8, paragraph 
 51.34  (a) local unit of government eligible to participate in this 
 51.35  program that requests an allocation of funds as provided in 
 51.36  subdivision 6b. 
 52.1      (b) "Authority" means the Minnesota public facilities 
 52.2   authority as established in section 446A.03. 
 52.3      (c) (e) "Best management practices" has the meaning given 
 52.4   in sections 103F.711, subdivision 3, and 103H.151, subdivision 
 52.5   2, or other practices, techniques, and measures that have been 
 52.6   demonstrated to the satisfaction of the commissioner to prevent 
 52.7   or reduce adverse environmental impacts by using the most 
 52.8   effective and practicable means of achieving environmental goals.
 52.9      (d) "Chair" means the chair of the board of water and soil 
 52.10  resources or the designee of the chair. 
 52.11     (e) (f) "Borrower" means an individual a farmer, an 
 52.12  agriculture supply business, or a rural landowner applying for a 
 52.13  low-interest loan. 
 52.14     (f) (g) "Commissioner" means the commissioner of 
 52.15  agriculture, including when the commissioner is acting in the 
 52.16  capacity of chair of the rural finance authority, or the 
 52.17  designee of the commissioner. 
 52.18     (h) "Committed project" means an eligible project scheduled 
 52.19  to be implemented at a future date:  
 52.20     (1) that has been approved and certified by the local 
 52.21  government unit; and 
 52.22     (2) for which a local lender has obligated itself to offer 
 52.23  a loan. 
 52.24     (g) (i) "Comprehensive water management plan" means a state 
 52.25  approved and locally adopted plan authorized under section 
 52.26  103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or 103D.405. 
 52.27     (h) "Local allocation request" means a loan allocation 
 52.28  request from an applicant to implement agriculturally related 
 52.29  best management practices defined in paragraph (c). 
 52.30     (j) "Cost incurred" means expenses for implementation of a 
 52.31  project accrued because the borrower has agreed to purchase 
 52.32  equipment or is obligated to pay for services or materials 
 52.33  already provided as a result of implementing a prior approved 
 52.34  eligible project. 
 52.35     (k) "Farmer" means a person, partnership, joint venture, 
 52.36  corporation, limited liability company, association, firm, 
 53.1   public service company, or cooperative who regularly 
 53.2   participates in physical labor or operations management of 
 53.3   farming and files a Schedule F as part of filing United States 
 53.4   Internal Revenue Service Form 1040 or indicates farming as the 
 53.5   primary business activity under Schedule C, K, or S, or any 
 53.6   other applicable report to the United States Internal Revenue 
 53.7   Service. 
 53.8      (i) (l) "Lender agreement" means a loan agreement entered 
 53.9   into between the commissioner, a local lender, and the 
 53.10  applicant, if different from the local lender.  The agreement 
 53.11  will contain terms and conditions of the loan that will include 
 53.12  but need not be limited to general loan provisions, loan 
 53.13  management requirements, application of payments, loan term 
 53.14  limits, allowable expenses, and fee limitations an agreement 
 53.15  entered into between the commissioner and a local lender which 
 53.16  contains terms and conditions of participation in the program. 
 53.17     (j) (m) "Local government unit" means a county, soil and 
 53.18  water conservation district, or an organization formed for the 
 53.19  joint exercise of powers under section 471.59 with the authority 
 53.20  to participate in the program. 
 53.21     (k) (n) "Local lender" means a local government unit as 
 53.22  defined in paragraph (j) (m), a state or federally chartered 
 53.23  bank, a savings association, a state or federal credit 
 53.24  union, Agribank and its affiliated organizations, or a nonprofit 
 53.25  economic development organization or other financial lending 
 53.26  institution approved by the commissioner, or Farm Credit 
 53.27  Services. 
 53.28     (o) "Local revolving loan account" means the account held 
 53.29  by a local government unit and a local lender into which 
 53.30  principal repayments from borrowers are deposited and new loans 
 53.31  are issued in accordance with the requirements of the program 
 53.32  and lender agreements. 
 53.33     (l) (p) "Nonpoint source" has the meaning given in section 
 53.34  103F.711, subdivision 6. 
 53.35     (q) "Program" means the agriculture best management 
 53.36  practices loan program in this section. 
 54.1      (r) "Project" means one or more components or activities 
 54.2   located within Minnesota that are required by the local 
 54.3   government unit to be implemented for satisfactory completion of 
 54.4   an eligible best management practice. 
 54.5      (s) "Rural landowner" means the owner of record of 
 54.6   Minnesota real estate located in an area determined by the local 
 54.7   government unit to be rural after consideration of local land 
 54.8   use patterns, zoning regulations, jurisdictional boundaries, 
 54.9   local community definitions, historical uses, and other 
 54.10  pertinent local factors. 
 54.11     Subd. 5.  [USES OF FUNDS.] Use of funds under this section 
 54.12  must be in compliance with the rules and regulations of the 
 54.13  funding source or appropriation.  Use of funds from the public 
 54.14  facilities authority must comply with the federal Water 
 54.15  Pollution Control Act, section 446A.07, and eligible activities 
 54.16  listed in the intended use plan authorized in section 446A.07, 
 54.17  subdivision 4. 
 54.18     Subd. 5a.  [AGRICULTURAL AND ENVIRONMENTAL REVOLVING 
 54.19  ACCOUNTS.] (a) There shall be established in the agricultural 
 54.20  fund revolving accounts eligible to receive appropriations and 
 54.21  money from other sources.  All repayments of loans granted under 
 54.22  this section, including principal and interest, must be 
 54.23  deposited into the appropriate revolving account created in this 
 54.24  subdivision or the account created in subdivision 13.  Interest 
 54.25  earned in an account accrues to that account. 
 54.26     (b) The money in the revolving accounts and the account 
 54.27  created in subdivision 13 is appropriated to the commissioner 
 54.28  for the purposes of this section. 
 54.29     Subd. 6.  [APPLICATION.] (a) Only the following local 
 54.30  government units may apply for funds under this program: 
 54.31     (1) counties or their designees; 
 54.32     (2) soil and water conservation districts; and 
 54.33     (3) joint power organizations consisting of counties or 
 54.34  their designees or soil and water conservation districts. 
 54.35     (b) A county may submit an application for an allocation.  
 54.36  A county or a group of counties may designate another local 
 55.1   government unit to submit a local allocation request on their 
 55.2   behalf.  If a county does not submit an application, and does 
 55.3   not designate another local government unit, a soil and water 
 55.4   conservation district may submit an application for an 
 55.5   allocation.  If the local soil and water conservation district 
 55.6   does not submit an application, then an eligible joint powers 
 55.7   organization may submit an application for an allocation.  In 
 55.8   all instances, there may be only one application representing 
 55.9   any geographic area.  The applicant must coordinate and submit 
 55.10  requests on behalf of other units of government within the 
 55.11  geographic jurisdiction of the applicant. 
 55.12     (a) (c) The commissioner must prescribe forms and establish 
 55.13  an application process for applicants to apply for a local an 
 55.14  allocation request of funds.  The application must include but 
 55.15  need not be limited to (1) the geographic area served; (2) the 
 55.16  type and estimated cost of activities or projects for which they 
 55.17  are seeking a loan an allocation; and (3) a ranking 
 55.18  prioritization or targeting of proposed activities or projects; 
 55.19  and (4) the designation of the local lender and lending 
 55.20  practices the local lender intends to use to issue the loans to 
 55.21  the borrowers, if a local lender other than the applicant is to 
 55.22  be used. 
 55.23     (b) (d) If a local allocation request an application is 
 55.24  rejected, the applicant must be notified in writing as to the 
 55.25  reasons for the rejection and given 30 days to submit a revised 
 55.26  application.  The revised application shall be reviewed 
 55.27  according to the same procedure used to review the initial 
 55.28  application.  Failure of an applicant to be awarded funds does 
 55.29  not constitute a rejection of the application. 
 55.30     Subd. 6a.  [REVIEW AND RANKING OF APPLICATIONS.] (a) The 
 55.31  commissioner shall chair the subcommittee established in section 
 55.32  103F.761, subdivision 2, paragraph (b), for purposes of 
 55.33  reviewing and ranking applications and recommending to the 
 55.34  commissioner allocation amounts.  The subcommittee consists of 
 55.35  representatives of the departments of agriculture, natural 
 55.36  resources, and health; the pollution control agency; the board 
 56.1   of water and soil resources; the Farm Service Agency and the 
 56.2   Natural Resource Conservation Service of the United States 
 56.3   Department of Agriculture; the Association of Minnesota 
 56.4   Counties; the Minnesota Association of Soil and Water 
 56.5   Conservation Districts; and other agencies or associations the 
 56.6   commissioner determines are appropriate. 
 56.7      (b) The subcommittee must use the criteria in clauses (1) 
 56.8   to (9) as well as other criteria it determines appropriate in 
 56.9   carrying out the review and ranking: 
 56.10     (1) whether the proposed activities are identified in a 
 56.11  comprehensive water management plan or other appropriate local 
 56.12  planning documents as priorities; 
 56.13     (2) the potential that the proposed activities have for 
 56.14  improving or protecting environmental quality; 
 56.15     (3) the extent that the proposed activities support 
 56.16  areawide or multijurisdictional approaches to protecting 
 56.17  environmental quality based on defined watershed or similar 
 56.18  geographic areas; 
 56.19     (4) whether the activities are needed for compliance with 
 56.20  existing environmental laws or rules; 
 56.21     (5) whether the proposed activities demonstrate 
 56.22  participation, coordination, and cooperation between local units 
 56.23  of government and other public agencies; 
 56.24     (6) whether there is coordination with other public and 
 56.25  private funding sources and programs; 
 56.26     (7) whether the applicant has targeted specific best 
 56.27  management practices to resolve specific environmental problems; 
 56.28     (8) past performance of the applicant in completing 
 56.29  projects identified in prior applications and allocation 
 56.30  agreements; and 
 56.31     (9) whether there are off-site public benefits. 
 56.32     Subd. 6b.  [ALLOCATION AMOUNT.] (a) The subcommittee 
 56.33  created in subdivision 6a shall recommend to the commissioner 
 56.34  the amount of allocation for each applicant.  This allocation 
 56.35  must include: 
 56.36     (1) the amount of repayments received by the commissioner 
 57.1   during the previous year from prior completed projects approved 
 57.2   by the local government unit; and 
 57.3      (2) the amount of funds previously designated to committed 
 57.4   projects. 
 57.5      (b) Within the limits of the funds available to the 
 57.6   commissioner, the subcommittee may recommend an increased 
 57.7   allocation award to the applicant based on: 
 57.8      (1) the ranking of the local government unit application 
 57.9   under subdivision 6a; and 
 57.10     (2) the amount of unallocated or uncommitted funds in, or 
 57.11  that will be received by, the agricultural and environmental 
 57.12  revolving accounts within one year. 
 57.13     (c) Notwithstanding paragraphs (a) and (b), the 
 57.14  commissioner may reserve up to two percent of all funds 
 57.15  appropriated to the agricultural and environmental revolving 
 57.16  accounts to be allocated to applicants that disburse or commit 
 57.17  all of their current allocations or to local lenders who wish to 
 57.18  provide financial assistance.  
 57.19     The commissioner may add, for the purposes of calculating 
 57.20  future allocations under paragraphs (a) and (b), the loan amount 
 57.21  for projects financed from these reserved funds to the 
 57.22  allocation for the respective local government units in which 
 57.23  jurisdiction the project was completed.  
 57.24     Subd. 7.  [PAYMENTS TO LOCAL LENDERS.] (a) Payments made 
 57.25  from the water pollution control revolving fund commissioner to 
 57.26  the local lender must be made in accordance with applicable 
 57.27  state and federal laws and rules governing the payments and the 
 57.28  lender agreement. 
 57.29     (b) Payments from the commissioner to the local lender must 
 57.30  be disbursed on a cost-incurred basis.  Local lenders shall 
 57.31  submit payment requests at least quarterly but not more than 
 57.32  monthly.  Payment requests must be reviewed and approved by the 
 57.33  commissioner.  The payment request form must itemize all costs 
 57.34  by major elements and show eligible and ineligible costs.  The 
 57.35  request must be made in accordance with requirements and 
 57.36  procedures established by the commissioner.  Payment requests 
 58.1   must be reviewed and approved by the commissioner. 
 58.2      (c) The commissioner may initiate recision of an allocation 
 58.3   granted in a lender agreement as provided in subdivision 11, 
 58.4   paragraph (d), if the local lender fails to enter into loans 
 58.5   with borrowers equaling the total allocation granted within one 
 58.6   year from the date of the lender agreement or fails to have the 
 58.7   total amount of allocated funds drawn down through payment 
 58.8   requests within two years.  An additional year to draw down the 
 58.9   undisbursed portion of an allocation may be granted by the 
 58.10  commissioner under extenuating circumstances.  
 58.11     Subd. 8.  [APPLICANT; BORROWERS ALLOCATION AGREEMENT.] (a) 
 58.12  A county may submit a local allocation request.  A county or a 
 58.13  group of counties may designate another local government unit to 
 58.14  submit a local allocation request. 
 58.15     (b) If a county does not submit a local allocation request, 
 58.16  and does not designate another local government unit, a soil and 
 58.17  water conservation district may submit a local allocation 
 58.18  request.  In all instances, there may be only one request from a 
 58.19  county.  The applicant must coordinate and submit requests on 
 58.20  behalf of other units of government within the geographic 
 58.21  jurisdiction of the applicant.  (a) Eligible local government 
 58.22  units with an allocation award may enter into an allocation 
 58.23  agreement with the commissioner and participate in this program. 
 58.24     (b) The allocation agreement must contain terms and 
 58.25  conditions for participation in this program and providing of 
 58.26  funds through this program, including, but not limited to:  
 58.27  program requirements, reporting requirements, project 
 58.28  eligibility and limitations, allowable expenses, limitations, 
 58.29  rescission and cancellation provisions, and the responsibilities 
 58.30  of the commissioner, local government unit, and local lender. 
 58.31     (c) If the commissioner determines that a local government 
 58.32  unit is not in compliance with the terms of the allocation 
 58.33  agreement, the commissioner may rescind all or part of any 
 58.34  allocation awarded through this program. 
 58.35     Subd. 9.  [REVIEW AND RANKING OF ALLOCATION REQUESTS 
 58.36  ALLOCATION RESCISSION.] (a) The commissioner shall chair the 
 59.1   subcommittee established in section 103F.761, subdivision 2, 
 59.2   paragraph (b), for purposes of reviewing and ranking local 
 59.3   allocation requests.  The rankings must be in order of priority 
 59.4   and shall provide financial assistance within the limits of the 
 59.5   funds available.  In carrying out the review and ranking, the 
 59.6   subcommittee must consist of, at a minimum, the chair, 
 59.7   representatives of the pollution control agency, United States 
 59.8   Department of Agricultural Stabilization and Conservation 
 59.9   Service, United States Department of Agriculture Soil 
 59.10  Conservation Service, Association of Minnesota Counties, and 
 59.11  other agencies or associations as the commissioner, the chair, 
 59.12  and agency determine are appropriate.  The review and ranking 
 59.13  shall take into consideration other related state or federal 
 59.14  programs. 
 59.15     (b) The subcommittee shall use the criteria listed below in 
 59.16  carrying out the review and ranking: 
 59.17     (1) whether the proposed activities are identified in a 
 59.18  comprehensive water management plan as priorities; 
 59.19     (2) whether the applicant intends to establish a revolving 
 59.20  loan program under subdivision 10, paragraph (b); 
 59.21     (3) the potential that the proposed activities have for 
 59.22  improving or protecting surface and groundwater quality; 
 59.23     (4) the extent that the proposed activities support 
 59.24  areawide or multijurisdictional approaches to protecting water 
 59.25  quality based on defined watershed; 
 59.26     (5) whether the activities are needed for compliance with 
 59.27  existing water related laws or rules; 
 59.28     (6) whether the proposed activities demonstrate 
 59.29  participation, coordination, and cooperation between local units 
 59.30  of government and other public agencies; 
 59.31     (7) whether there is coordination with other public and 
 59.32  private funding sources and programs; 
 59.33     (8) whether there are off-site public benefits such as 
 59.34  preventing downstream degradation and siltation; and 
 59.35     (9) the proposed interest rate.  (a) Continued availability 
 59.36  of allocations granted to a local government unit is contingent 
 60.1   upon the commissioner's approval of the local government unit's 
 60.2   annual report.  The commissioner shall review this annual report 
 60.3   to ensure that the past and future uses of the funds are 
 60.4   consistent with the comprehensive water management plan, other 
 60.5   local planning documents, the requirements of the funding 
 60.6   source, and compliance to program requirements.  If the 
 60.7   commissioner concludes the past or intended uses of the money 
 60.8   are not consistent with these requirements, the commissioner 
 60.9   shall rescind all or part of the allocation awarded to a local 
 60.10  government unit. 
 60.11     (b) The commissioner may rescind funds allocated to the 
 60.12  local government unit that are not designated to committed 
 60.13  projects or disbursed within one year from the date of the 
 60.14  allocation agreement. 
 60.15     (c) An additional year to use the undisbursed portion of an 
 60.16  allocation may be granted by the commissioner under extenuating 
 60.17  circumstances. 
 60.18     Subd. 9a.  [AUTHORITY AND RESPONSIBILITIES OF APPLICANTS 
 60.19  THE LOCAL GOVERNMENT UNITS.] Applicants may enter into a lender 
 60.20  agreement designating a local lender.  Applicants designating 
 60.21  themselves as the local lender may enter into contracts for loan 
 60.22  review, processing, and servicing. (a) A local government unit 
 60.23  that enters into an allocation agreement with the commissioner: 
 60.24     (1) is responsible for the local administration and 
 60.25  implementation of the program in accordance with this section; 
 60.26     (2) may submit applications for allocations to the 
 60.27  commissioner; 
 60.28     (3) shall identify, develop, determine eligibility, define 
 60.29  and approve projects, designate maximum loan amounts for 
 60.30  projects, and certify completion of projects implemented under 
 60.31  this program.  In areas where no local government unit has 
 60.32  applied for funds under this program, the commissioner may 
 60.33  appoint a local government unit to review and certify projects 
 60.34  or the commissioner may assume the authority and responsibility 
 60.35  of the local government unit; 
 60.36     (4) shall certify as eligible only projects that are within 
 61.1   its geographic jurisdiction or within the geographic area 
 61.2   identified in its local comprehensive water management plans or 
 61.3   other local planning documents; 
 61.4      (5) may require withholding by the local lender of all or a 
 61.5   portion of the loan to the borrower until satisfactory 
 61.6   completion of all required components of a certified project; 
 61.7      (6) must identify which account is used to finance an 
 61.8   approved project if the local government unit has allocations 
 61.9   from multiple accounts in the agricultural and environmental 
 61.10  revolving accounts; 
 61.11     (7) shall report to the commissioner annually the past and 
 61.12  intended uses of allocations awarded; and 
 61.13     (8) may request additional funds in excess of their 
 61.14  allocation when funds are available in the agricultural and 
 61.15  environmental revolving accounts, as long as all other 
 61.16  allocation awards to the local government unit have been used or 
 61.17  committed. 
 61.18     (b) If a local government unit withdraws from participation 
 61.19  in this program, the local government unit, or the commissioner 
 61.20  in accordance with the priorities established under subdivision 
 61.21  6a, may designate another local government unit that is eligible 
 61.22  under subdivision 6 as the new local government unit responsible 
 61.23  for local administration of this program.  This designated local 
 61.24  government unit may accept responsibility and administration of 
 61.25  allocations awarded to the former responsible local government 
 61.26  unit. 
 61.27     Subd. 9b.  [LENDER AGREEMENT.] (a) Any local lender 
 61.28  entering into a lender agreement with the commissioner may 
 61.29  participate in this program. 
 61.30     (b) The lender agreement will contain terms and conditions 
 61.31  for participation in this program and providing funds to the 
 61.32  local lenders, including but not limited to, program 
 61.33  requirements, loan and account management requirements, 
 61.34  payments, repayments, term limits, allowable expenses, fee 
 61.35  limitations, rescission and cancellation provisions, collateral 
 61.36  and security requirements, reporting requirements, review and 
 62.1   appeal procedure for cancellation of the loan agreement or 
 62.2   disqualification as a local lender, and the responsibilities of 
 62.3   the commissioner, local government unit, and local lender. 
 62.4      (c) If the commissioner determines that a local lender is 
 62.5   not in compliance with the terms of the lender agreement, the 
 62.6   commissioner may take the following actions: 
 62.7      (1) disqualifying the local lender as a participating 
 62.8   lender in this program for a period of up to five years from the 
 62.9   date that the commissioner determines noncompliance to the 
 62.10  lender agreement; and 
 62.11     (2) requiring immediate or accelerated repayment of all or 
 62.12  part of all funds provided to the local lender. 
 62.13     (d) Existing lender agreements, executed prior to July 1, 
 62.14  2001, may be amended by mutual consent of all signatory parties, 
 62.15  to comply with this section, to establish a single allocation 
 62.16  agreement that includes the amount of prior allocation awards 
 62.17  and defines the terms and conditions required under subdivision 
 62.18  8, or to modify the amount of allocation awarded. 
 62.19     Subd. 10.  [AUTHORITY AND RESPONSIBILITIES OF LOCAL 
 62.20  LENDERS.] (a) Local lenders may enter into lender agreements 
 62.21  with the commissioner. 
 62.22     (b) Local lenders may enter into loan agreements with 
 62.23  borrowers to finance eligible projects under this section. 
 62.24     (c) Local lenders may establish revolving loan programs to 
 62.25  finance projects under this section The local lender shall 
 62.26  notify the local government unit of the loan amount issued to 
 62.27  the borrower after the closing of each loan. 
 62.28     (d) Local lenders with local revolving loan accounts 
 62.29  created before July 1, 2001, may continue to retain and use 
 62.30  those accounts in accordance with their lending agreements for 
 62.31  the full term of those agreements. 
 62.32     (e) Local lenders, including applicants local government 
 62.33  units designating themselves as the local lender, may enter into 
 62.34  participation agreements with other lenders. 
 62.35     (f) Local lenders may also enter into contracts with other 
 62.36  lenders for the limited purposes of loan review, processing and 
 63.1   servicing, or to enter into loan agreements with borrowers to 
 63.2   finance projects under this section.  Other lenders entering 
 63.3   into contracts with local lenders under this section must meet 
 63.4   the definition of local lender in subdivision 4, must comply 
 63.5   with all provisions of the lender agreement and this section, 
 63.6   and must guarantee repayment of the loan funds to the local 
 63.7   lender.  In no case may there be more than one local lender per 
 63.8   county or more than one revolving fund per county. 
 63.9      (g) When required by the local government unit, a local 
 63.10  lender must withhold all or a portion of the loan disbursement 
 63.11  for a project until notified by the local government unit that 
 63.12  the project has been satisfactorily completed. 
 63.13     (h) The local lender is responsible for repaying all funds 
 63.14  provided by the commissioner to the local lender. 
 63.15     (i) The local lender is responsible for collecting 
 63.16  repayments from borrowers.  If a borrower defaults on a loan 
 63.17  issued by the local lender, it is the responsibility of the 
 63.18  local lender to obtain repayment from the borrower.  Default on 
 63.19  the part of borrowers shall have no effect on the local lender's 
 63.20  responsibility to repay its obligations to the commissioner 
 63.21  whether or not the local lender fully recovers defaulted amounts 
 63.22  from borrowers. 
 63.23     (j) The local lender shall provide sufficient collateral or 
 63.24  protection to the commissioner for the funds provided to the 
 63.25  local lender.  The commissioner must approve the collateral or 
 63.26  protection provided. 
 63.27     Subd. 11.  [LOANS ISSUED TO BORROWER ELIGIBILITY; TERMS; 
 63.28  REPAYMENT; RECISION.] (a) Local lenders shall use the following 
 63.29  criteria in addition to other criteria they deem necessary in 
 63.30  determining the eligibility of borrowers for loans: 
 63.31     (1) whether the activity is certified by a local unit of 
 63.32  government may issue loans only for projects that are approved 
 63.33  and certified by the local government unit as meeting priority 
 63.34  needs identified in a comprehensive water management plan and is 
 63.35  or other local planning documents, are in compliance with 
 63.36  accepted practices, standards, specifications, or criteria; 
 64.1      (2) whether the activity is certified as, and are eligible 
 64.2   for financing under Environmental Protection Agency or other 
 64.3   applicable guidelines; and 
 64.4      (3) whether the repayment is assured from the borrower. 
 64.5      (b) The local lender may use any additional criteria 
 64.6   considered necessary to determine the eligibility of borrowers 
 64.7   for loans. 
 64.8      (c) Local lenders shall set the terms and conditions of 
 64.9   loans to borrowers, except that: 
 64.10     (1) no loan to an individual a borrower may exceed $50,000; 
 64.11     (2) no loan for a project may exceed $50,000; and 
 64.12     (3) no borrower shall, at any time, have multiple loans 
 64.13  from this program with a total outstanding loan balance of more 
 64.14  than $50,000.  In all instances, local lenders must provide for 
 64.15  sufficient collateral or protection for the loan principal.  
 64.16  They are responsible for collecting repayments by borrowers.  
 64.17     (c) The local lender is responsible for repaying the 
 64.18  principal of a loan to the commissioner.  The terms of repayment 
 64.19  will be identified in the lender agreement.  If defaults occur, 
 64.20  it is the responsibility of the local lender to obtain repayment 
 64.21  from the borrower.  Default on the part of individual borrowers 
 64.22  shall have no effect on the local lender's responsibility to 
 64.23  repay its loan from the commissioner whether or not the local 
 64.24  lender fully recovers defaulted amounts from individual 
 64.25  borrowers.  For revolving loan programs established under 
 64.26  subdivision 10, paragraph (c), the lender agreement must provide 
 64.27  that: 
 64.28     (1) repayment of principal to the commissioner must begin 
 64.29  no later than ten years after the date of the lender agreement 
 64.30  and must be repaid in full no later than 20 years after the date 
 64.31  of the lender agreement; 
 64.32     (2) after the initial ten-year period, the local lender 
 64.33  shall not write any additional loans, and any existing principal 
 64.34  balance held by the local lender shall be immediately repaid to 
 64.35  the commissioner; 
 64.36     (3) after the initial ten-year period, all principal 
 65.1   received by the local lender from borrowers shall be repaid to 
 65.2   the commissioner as it is received; and 
 65.3      (4) the applicant shall report to the commissioner annually 
 65.4   regarding the past and intended uses of the money in the 
 65.5   revolving loan program. 
 65.6      (d) Continued availability of the allocation granted in the 
 65.7   lender agreement is contingent upon commissioner approval of the 
 65.8   annual report.  The commissioner shall review the annual report 
 65.9   to ensure the past and future uses of the funds are consistent 
 65.10  with the comprehensive water management plan and the lender 
 65.11  agreement.  If the commissioner concludes the past or intended 
 65.12  uses of the money are not consistent with the comprehensive 
 65.13  water management plan or the lender agreement, the commissioner 
 65.14  shall rescind the allocation granted under the lender agreement. 
 65.15  Such recision shall result in termination of available 
 65.16  allocation, the immediate repayment of any unencumbered funds 
 65.17  held by the local lender in a revolving loan fund, and the 
 65.18  repayment of the principal portion of loan repayments to the 
 65.19  commissioner as they are received.  The lender agreement shall 
 65.20  reflect the commissioner's rights under this paragraph. 
 65.21     (e) A local lender shall receive certification from local 
 65.22  government unit staff that a project has been satisfactorily 
 65.23  completed prior to releasing the final loan disbursement. 
 65.24     (d) The maximum term length for conservation tillage and 
 65.25  individual sewage treatment system projects is five years.  The 
 65.26  maximum term length for other projects in this paragraph is ten 
 65.27  years. 
 65.28     (e) Fees charged at the time of closing must: 
 65.29     (1) be in compliance with normal and customary practices of 
 65.30  the local lender; 
 65.31     (2) be in accordance with published fee schedules issued by 
 65.32  the local lender; 
 65.33     (3) not be based on participation program; and 
 65.34     (4) be consistent with fees charged other similar types of 
 65.35  loans offered by the local lender. 
 65.36     (f) The interest rate assessed to outstanding loan balance 
 66.1   by the local lender must not exceed three percent per year. 
 66.2      Subd. 11a.  [ELIGIBLE PROJECTS.] All projects that 
 66.3   remediate or mitigate adverse environmental impacts are eligible 
 66.4   if: 
 66.5      (1) the project is eligible under the allocation agreement 
 66.6   and funding sources designated by the local government unit to 
 66.7   finance the project; and 
 66.8      (2) manure management projects remediate or mitigate 
 66.9   impacts from facilities with less than 1,000 animal units as 
 66.10  defined in Minnesota Rules, chapter 7020. 
 66.11     Subd. 12.  [DATA PRIVACY.] The following data on applicants 
 66.12  local government units, local lenders, or borrowers collected by 
 66.13  the commissioner under this section are private for data on 
 66.14  individuals as provided in section 13.02, subdivision 12, or 
 66.15  nonpublic for data not on individuals as provided in section 
 66.16  13.02, subdivision 9:  financial information, including, but not 
 66.17  limited to, credit reports, financial statements, tax returns 
 66.18  and net worth calculations received or prepared by the 
 66.19  commissioner. 
 66.20     Subd. 13.  [ESTABLISHMENT OF ACCOUNT.] The public 
 66.21  facilities authority shall establish an account called the 
 66.22  agriculture best management practices revolving fund account to 
 66.23  provide loans and other forms of financial assistance authorized 
 66.24  under section 446A.07.  The fund account must be credited with 
 66.25  repayments. 
 66.26     Subd. 14.  [FEES AND INTEREST.] (a) Origination fees 
 66.27  charged directly to borrowers by local lenders upon executing a 
 66.28  loan shall not exceed one-half of one percent of the loan 
 66.29  amount.  Interest assessed to loan repayments by the local 
 66.30  lender must not exceed three percent.  
 66.31     (b) The local lender shall create a principal account to 
 66.32  which the principal portions of individual borrower loan 
 66.33  repayments will be credited. 
 66.34     (c) Any interest earned on outstanding loan balances not 
 66.35  separated as repayments are received and before the principal 
 66.36  amounts are deposited in the principal account shall be added to 
 67.1   the principal portion of the loan to the local lender and must 
 67.2   be paid to the commissioner when the principal is due under the 
 67.3   lender agreement. 
 67.4      (d) Any interest earned on the principal account must be 
 67.5   added to the principal portion of the loan to the local lender 
 67.6   and must be paid to the commissioner when the principal is due 
 67.7   under the lender agreement. 
 67.8      Subd. 15.  [COMMISSIONER'S REPORT.] (a) The commissioner 
 67.9   and chair shall prepare and submit a report to the house of 
 67.10  representatives and senate committees with jurisdiction over the 
 67.11  environment, natural resources, and agriculture by October 15 of 
 67.12  each odd-numbered year. 
 67.13     (b) The report shall include, but need not be limited to, 
 67.14  matters such as loan allocations and uses, the extent to which 
 67.15  the financial assistance is helping implement local water and 
 67.16  other environmental planning priorities, the integration or 
 67.17  coordination that has occurred with related programs, and other 
 67.18  matters deemed pertinent to the implementation of the program. 
 67.19     Subd. 16.  [LIENS AGAINST PROPERTY.] (a) Unless a county 
 67.20  determines otherwise, at the time of the disbursement of funds 
 67.21  on a loan to a borrower under this section, the principal 
 67.22  balance due plus accrued interest on the principal balance as 
 67.23  provided by this section becomes a lien in favor of the county 
 67.24  making the loan upon the real property on which the project is 
 67.25  located.  The lien must be first and prior to all other liens 
 67.26  against the property, including state tax liens, whether filed 
 67.27  before or after the placing of a lien under this subdivision, 
 67.28  except liens for special assessments by the county under 
 67.29  applicable special assessments laws, which liens shall be of 
 67.30  equal rank with the lien created under this subdivision.  A lien 
 67.31  in favor of the county shall be first and prior as provided in 
 67.32  this subdivision only if the county making the loan gives 
 67.33  written notice of the intent to make the loan under this 
 67.34  subdivision to all other persons having a recorded interest in 
 67.35  the real property subject to the lien, no less than 30 days 
 67.36  prior to the disbursement of the funds, and receives an 
 68.1   agreement to subordinate superior lien positions held by all 
 68.2   other lenders having a recorded interest in the real property 
 68.3   subject to the lien.  This lien and subordination agreement must 
 68.4   be recorded against the real estate in the county recorder's 
 68.5   office or filed with the registrar of titles for the county or 
 68.6   counties in which the property is located.  The county may bill 
 68.7   amounts due on the loan on the tax statement for the property.  
 68.8   Enforcement of the lien created by this subdivision shall, at 
 68.9   the county's option, be in the manner set forth in chapter 580 
 68.10  or 581.  When the amount due plus interest has been paid, the 
 68.11  county shall file a satisfaction of the lien created under this 
 68.12  subdivision.  The amount of loans and accruing interest made by 
 68.13  counties acting as local lenders under this section is a lien 
 68.14  against the real property for which the improvement was made and 
 68.15  must be assessed against the property or properties benefited 
 68.16  unless the amount is prepaid.  An amount loaned under the 
 68.17  program and its accruing interest assessed against the property 
 68.18  is a priority lien only against subsequent liens. 
 68.19     (b) The county may bill amounts due on the loan on the tax 
 68.20  statement for the property.  Enforcement of the lien created by 
 68.21  this subdivision must, at the county's option, be in the manner 
 68.22  set forth in chapter 580 or 581.  When the amount due and all 
 68.23  interest has been paid, the county shall file a satisfaction of 
 68.24  the lien created under this subdivision. 
 68.25     (b) (c) A county may also secure amounts due on a loan 
 68.26  under this section by taking a purchase money security interest 
 68.27  in equipment in accordance with chapter 336, article 9, and may 
 68.28  enforce the purchase money security interest in accordance with 
 68.29  chapters 336, article 9, and 565. 
 68.30     Subd. 17.  [REFERENDUM EXEMPTION.] For the purpose of 
 68.31  obtaining a loan from the commissioner, a local government unit 
 68.32  acting as a local lender may provide to the commissioner its 
 68.33  general obligation note.  All obligations incurred by a local 
 68.34  government unit in obtaining a loan from the commissioner must 
 68.35  be in accordance with chapter 475, except that so long as the 
 68.36  obligations are issued to evidence a loan from the commissioner 
 69.1   to the local government unit, an election is not required to 
 69.2   authorize the obligations issued, and the amount of the 
 69.3   obligations shall not be included in determining the net 
 69.4   indebtedness of the local government unit under the provisions 
 69.5   of any law or chapter limiting the indebtedness. 
 69.6      Sec. 18.  Minnesota Statutes 2000, section 17.457, 
 69.7   subdivision 10, is amended to read: 
 69.8      Subd. 10.  [FEE.] The commissioner shall impose a fee for 
 69.9   permits in an amount sufficient to cover the costs of issuing 
 69.10  the permits and for facility inspections.  The fee may not 
 69.11  exceed $50.  Fee receipts must be deposited in the agricultural 
 69.12  fund and credited to the Eurasian wild pigs account and are 
 69.13  appropriated to the commissioner for the purposes of this 
 69.14  section general fund. 
 69.15     Sec. 19.  Minnesota Statutes 2000, section 17.85, is 
 69.16  amended to read: 
 69.17     17.85 [LABORATORY SERVICES ACCOUNT.] 
 69.18     Subdivision 1.  [ACCOUNT.] A laboratory services account is 
 69.19  established in the agricultural fund.  Payments for laboratory 
 69.20  services performed by the laboratory services division of the 
 69.21  department of agriculture must be deposited in the agricultural 
 69.22  fund and credited to the laboratory services account.  Money in 
 69.23  the account, including interest earned on the account, is 
 69.24  annually appropriated to the commissioner of agriculture to 
 69.25  administer the programs of the laboratory services division. 
 69.26     Subd. 2.  [AGRICULTURE LABORATORY.] The agriculture 
 69.27  laboratory exists to provide analytical and technical services 
 69.28  in support of agency programs that protect and enhance the 
 69.29  states' agriculture, environment, and food chain.  The 
 69.30  laboratory may provide analytical and technical services for a 
 69.31  fee to any public or private entity as requested or required to 
 69.32  meet department objectives in support of Minnesota agriculture 
 69.33  and a national food safety system. 
 69.34     Sec. 20.  Minnesota Statutes 2000, section 18B.065, 
 69.35  subdivision 5, is amended to read: 
 69.36     Subd. 5.  [WASTE PESTICIDE COLLECTION ACCOUNT; 
 70.1   APPROPRIATION.] A waste pesticide account is established in 
 70.2   the state treasury agricultural fund.  Assessments collected 
 70.3   under subdivision 2 shall be deposited in the state treasury and 
 70.4   credited to the waste pesticide account.  Money in the account, 
 70.5   including interest accrued, is appropriated to the commissioner 
 70.6   to pay for costs incurred to implement the waste pesticide 
 70.7   collection program. 
 70.8      Sec. 21.  Minnesota Statutes 2000, section 18C.425, 
 70.9   subdivision 2, is amended to read: 
 70.10     Subd. 2.  [SPECIALTY FERTILIZER REGISTRATION.] An 
 70.11  application for registration of a specialty fertilizer must be 
 70.12  accompanied by a nonrefundable application fee of $100 $150 for 
 70.13  each brand and grade to be sold or distributed as provided in 
 70.14  section 18C.411.  
 70.15     Sec. 22.  Minnesota Statutes 2000, section 18C.425, 
 70.16  subdivision 6, is amended to read: 
 70.17     Subd. 6.  [INSPECTION FEES.] The person responsible for 
 70.18  payment of the inspection fees for fertilizers, soil amendments, 
 70.19  or plant amendments sold and used in this state must pay an 
 70.20  inspection fee of 15 25 cents per ton of fertilizer, soil 
 70.21  amendment, and plant amendment sold or distributed in this 
 70.22  state, with a minimum of $10 on all tonnage reports.  Products 
 70.23  sold or distributed to manufacturers or exchanged between them 
 70.24  are exempt from the inspection fee imposed by this subdivision 
 70.25  if the products are used exclusively for manufacturing purposes. 
 70.26     Sec. 23.  Minnesota Statutes 2000, section 18E.04, 
 70.27  subdivision 2, is amended to read: 
 70.28     Subd. 2.  [PAYMENT OF CORRECTIVE ACTION COSTS.] (a) On 
 70.29  request by an eligible person, the board may pay the eligible 
 70.30  person for the reasonable and necessary cash disbursements for 
 70.31  corrective action costs incurred by the eligible person as 
 70.32  provided under subdivision 4 if the board determines: 
 70.33     (1) the eligible person pays the first $1,000 of the 
 70.34  corrective action costs; 
 70.35     (2) the eligible person provides the board with a sworn 
 70.36  affidavit and other convincing evidence that the eligible person 
 71.1   is unable to pay additional corrective action costs; 
 71.2      (3) the eligible person continues to assume responsibility 
 71.3   for carrying out the requirements of corrective action orders 
 71.4   issued to the eligible person or that are in effect; and 
 71.5      (4) the incident was reported as required in chapters 18B, 
 71.6   18C, and 18D.; and 
 71.7      (5) the eligible person submits an application for payment 
 71.8   or reimbursement to the department within three years of (i) 
 71.9   incurring eligible corrective action costs, or (ii) approval of 
 71.10  a corrective action report, whichever is later. 
 71.11     (b) The eligible person must submit an application for 
 71.12  payment or reimbursement of eligible cost incurred prior to the 
 71.13  effective date of this subdivision no later than June 1, 2004. 
 71.14     (b) (c) An eligible person is not eligible for payment or 
 71.15  reimbursement and must refund amounts paid or reimbursed by the 
 71.16  board if false statements or misrepresentations are made in the 
 71.17  affidavit or other evidence submitted to the commissioner to 
 71.18  show an inability to pay corrective action costs.  
 71.19     (c) (d) The board may pay the eligible person and one or 
 71.20  more designees by multiparty check. 
 71.21     Sec. 24.  Minnesota Statutes 2000, section 18E.04, 
 71.22  subdivision 4, is amended to read: 
 71.23     Subd. 4.  [REIMBURSEMENT PAYMENTS.] (a) The board shall pay 
 71.24  a person that is eligible for reimbursement or payment under 
 71.25  subdivisions 1, 2, and 3 from the agricultural chemical response 
 71.26  and reimbursement account for:  
 71.27     (1) 90 percent of the total reasonable and necessary 
 71.28  corrective action costs greater than $1,000 and less than or 
 71.29  equal to $100,000 $200,000; 
 71.30     (2) 100 percent of the total reasonable and necessary 
 71.31  corrective action costs greater than $100,000 but less than or 
 71.32  equal to $200,000; 
 71.33     (3) 80 percent of the total reasonable and necessary 
 71.34  corrective action costs greater than $200,000 but less than or 
 71.35  equal to $300,000; and 
 71.36     (4) (3) 60 percent of the total reasonable and necessary 
 72.1   corrective action costs greater than $300,000 but less than or 
 72.2   equal to $350,000.  
 72.3      (b) A reimbursement or payment may not be made until the 
 72.4   board has determined that the costs are reasonable and are for a 
 72.5   reimbursement of the costs that were actually incurred. 
 72.6      (c) The board may make periodic payments or reimbursements 
 72.7   as corrective action costs are incurred upon receipt of invoices 
 72.8   for the corrective action costs. 
 72.9      (d) Money in the agricultural chemical response and 
 72.10  reimbursement account is appropriated to the commissioner to 
 72.11  make payments and reimbursements directed by the board under 
 72.12  this subdivision.  
 72.13     (e) The board may not make reimbursement greater than the 
 72.14  maximum allowed under paragraph (a) for all incidents on a 
 72.15  single site which: 
 72.16     (1) were not reported at the time of release but were 
 72.17  discovered and reported after July 1, 1989; and 
 72.18     (2) may have occurred prior to July 1, 1989, as determined 
 72.19  by the commissioner. 
 72.20     (f) The board may only reimburse an eligible person for 
 72.21  separate incidents within a single site if the commissioner 
 72.22  determines that each incident is completely separate and 
 72.23  distinct in respect of location within the single site or time 
 72.24  of occurrence. 
 72.25     Sec. 25.  Minnesota Statutes 2000, section 18E.04, 
 72.26  subdivision 5, is amended to read: 
 72.27     Subd. 5.  [REIMBURSEMENT OR PAYMENT DECISIONS.] (a) The 
 72.28  board may issue a letter of intent on whether a person is 
 72.29  eligible for payment or reimbursement.  The letter is not 
 72.30  binding on the board. 
 72.31     (b) The board must issue an order granting or denying a 
 72.32  request within 30 days following the board meeting at which the 
 72.33  board votes to grant or deny a request for reimbursement or for 
 72.34  payment under subdivision 1, 2, or 3. 
 72.35     (c) After an initial request is made for reimbursement, 
 72.36  notwithstanding subdivisions 1 to 4, the board may deny 
 73.1   additional requests for reimbursement. 
 73.2      (d) An eligible person adversely affected by the board's 
 73.3   disapproval of a reimbursement or payment application under 
 73.4   paragraph (b) or a partial reimbursement under subdivision 3 
 73.5   may, within 60 days of receipt of the board's order, request a 
 73.6   hearing of determination before the board.  A request for a 
 73.7   hearing must be made in writing and specify the grounds for the 
 73.8   request. 
 73.9      (e) Within 30 days of the receipt of a request for hearing 
 73.10  under paragraph (d), the eligible person must be notified either 
 73.11  as to the date of the hearing for determination or of the denial 
 73.12  of the request for a hearing.  A hearing must be scheduled 
 73.13  immediately following the next regularly scheduled board meeting 
 73.14  as determined by the notification letter.  
 73.15     (f) If a dispute related to the disapproval of a 
 73.16  reimbursement is not resolved after a hearing under paragraph 
 73.17  (e) or if a request is denied, the eligible person may appeal 
 73.18  the decision as a contested case hearing under chapter 14.  A 
 73.19  request for a contested case hearing must be submitted in 
 73.20  writing to the board within 30 days of the date of the hearing 
 73.21  or within 30 days of the receipt of notification of denial of 
 73.22  the hearing request under paragraph (e). 
 73.23     Sec. 26.  Minnesota Statutes 2000, section 21.85, 
 73.24  subdivision 12, is amended to read: 
 73.25     Subd. 12.  [SERVICE TESTING AND IDENTIFICATION.] The 
 73.26  commissioner shall provide for purity and germination tests of 
 73.27  seeds and identification of seeds and plants for farmers, 
 73.28  dealers, and others, and may establish and collect fees for 
 73.29  testing and identification shall establish schedules to recover 
 73.30  the cost of services provided.  Money collected must be 
 73.31  deposited in the laboratory services account in the agricultural 
 73.32  fund.  
 73.33     Sec. 27.  Minnesota Statutes 2000, section 27.041, 
 73.34  subdivision 2, is amended to read: 
 73.35     Subd. 2.  [LICENSES.] (a) The license, or a certified copy 
 73.36  of the license, must be kept posted in the office of the 
 74.1   licensee at each place within the state where the licensee 
 74.2   transacts business.  A wholesale produce dealer may not appoint, 
 74.3   delegate, or authorize a person, firm, or company to purchase 
 74.4   produce unless a certified copy, identification card, or truck 
 74.5   decal has been issued at the request of the wholesale produce 
 74.6   dealer to that person, firm, or company acting as the buyer or 
 74.7   agent.  
 74.8      (b) A license expires June 30 following its issuance and 
 74.9   must be renewed July 1 of each year.  
 74.10     (c) A license issued under this subdivision is 
 74.11  automatically void upon the termination of the surety bond 
 74.12  covering the licensed operation.  
 74.13     (d) The fee for each license must include a $50 $75 
 74.14  registration fee and an additional fee of .025 .045 percent of 
 74.15  the total annual dollar amount of produce purchased the previous 
 74.16  year from sellers within the state of Minnesota subject to this 
 74.17  chapter.  Fees may not exceed $1,500 $2,000 per license.  In 
 74.18  addition, a fee of $20 shall be charged for each certified copy 
 74.19  of a license, $5 for each license identification card, and $10 
 74.20  for each license identification truck decal.  
 74.21     (e) A penalty amounting to ten percent of the fees due may 
 74.22  be imposed by the commissioner for each month for which the fees 
 74.23  are delinquent.  
 74.24     (f) A licensee who sells, disposes of, or discontinues the 
 74.25  licensee's business during the lifetime of a license shall, at 
 74.26  the time the action is taken, notify the commissioner in 
 74.27  writing, and upon demand produce before the commissioner a full 
 74.28  statement of all assets and liabilities as of the date of 
 74.29  transfer or discontinuance of the business.  
 74.30     Sec. 28.  Minnesota Statutes 2000, section 28A.04, 
 74.31  subdivision 1, is amended to read: 
 74.32     Subdivision 1.  [APPLICATION; DATE OF ISSUANCE.] (a) No 
 74.33  person shall engage in the business of manufacturing, 
 74.34  processing, selling, handling, or storing food without having 
 74.35  first obtained from the commissioner a license for doing such 
 74.36  business.  Applications for such license shall be made to the 
 75.1   commissioner in such manner and time as required and upon such 
 75.2   forms as provided by the commissioner and shall contain the name 
 75.3   and address of the applicant, address or description of each 
 75.4   place of business, and the nature of the business to be 
 75.5   conducted at each place, and such other pertinent information as 
 75.6   the commissioner may require. 
 75.7      (b) A retail or wholesale food handler license shall be 
 75.8   issued for the period July 1 to June 30 following and shall be 
 75.9   renewed thereafter by the licensee on or before July 1 each 
 75.10  year, except that licenses for all mobile food concession units 
 75.11  and retail mobile units shall be issued for the period April 1 
 75.12  to March 31, and shall be renewed thereafter by the licensee on 
 75.13  or before April 1 each year.  A license for a food broker or for 
 75.14  a food processor or manufacturer shall be issued for the period 
 75.15  January 1 to December 31 following and shall be renewed 
 75.16  thereafter by the licensee on or before January 1 of each year, 
 75.17  except that a license for a wholesale food processor or 
 75.18  manufacturer operating only at the state fair shall be issued 
 75.19  for the period July 1 to June 30 following and shall be renewed 
 75.20  thereafter by the licensee on or before July 1 of each year.  A 
 75.21  penalty for a late renewal shall be assessed in accordance with 
 75.22  section 28A.08. 
 75.23     (c) A person applying for a new license up to 14 calendar 
 75.24  days before the effective date of the new license period, as 
 75.25  defined in paragraph (b), must be issued a license for the 14 
 75.26  days and the next license year as a single license and pay a 
 75.27  single license fee as if the 14 days were part of the upcoming 
 75.28  license period. 
 75.29     Sec. 29.  [28A.082] [FOOD HANDLER PLAN REVIEW FEES.] 
 75.30     Subdivision 1.  [FEES; APPLICATION.] The fees for review of 
 75.31  food handler facility floor plans under the Minnesota Food Code 
 75.32  are based upon the square footage of the structure being newly 
 75.33  constructed, remodeled, or converted.  The fees for the review 
 75.34  shall be: 
 75.35     square footage .. review fee 
 75.36     0 - 4,999 .......... $156.25 
 76.1      5,000 - 24,999 ..... $218.75 
 76.2      25,000 plus ........ $343.75 
 76.3      The applicant must submit the required fee, review 
 76.4   application, plans, equipment specifications, materials lists, 
 76.5   and other required information on forms supplied by the 
 76.6   department at least 30 days prior to commencement of 
 76.7   construction, remodeling, or conversion. 
 76.8      Subd. 2.  [FOOD HANDLER PLAN REVIEW ACCOUNT; 
 76.9   APPROPRIATION.] A food handler plan review account is created in 
 76.10  the agricultural fund.  Fees paid under subdivision 1 must be 
 76.11  deposited in the food handler plan review account.  Money in the 
 76.12  account, including interest accrued, is appropriated to the 
 76.13  commissioner for the costs of the food handler plan review 
 76.14  program.  
 76.15     Sec. 30.  Minnesota Statutes 2000, section 28A.085, 
 76.16  subdivision 4, is amended to read: 
 76.17     Subd. 4.  [DEPOSIT FOOD HANDLER REINSPECTION ACCOUNT; 
 76.18  APPROPRIATION.] A food handler reinspection account is 
 76.19  established in the agricultural fund.  All reinspection fees and 
 76.20  assessments collected must be deposited in the state treasury 
 76.21  and are credited to an account in the special revenue fund the 
 76.22  food handler reinspection account.  Money in the account, 
 76.23  including interest accrued, is appropriated to the commissioner 
 76.24  to pay the expenses relating to reinspections conducted under 
 76.25  the chapters listed in subdivision 1. 
 76.26     Sec. 31.  Minnesota Statutes 2000, section 29.22, 
 76.27  subdivision 2, is amended to read: 
 76.28     Subd. 2.  [FEE.] In addition to the annual food handler's 
 76.29  license, required under section 28A.04, there is an annual 
 76.30  inspection fee applicable to every person who engages in the 
 76.31  business of buying for resale, selling, or trading in eggs 
 76.32  except a retail grocer who sells eggs previously candled and 
 76.33  graded.  The fee must be computed on the basis of the number of 
 76.34  cases of shell eggs handled at each place of business during the 
 76.35  highest volume month of each licensing year.  If a given lot of 
 76.36  eggs is moved from one location of business to a second location 
 77.1   of business and the food handler's license is held by the same 
 77.2   person at both locations, the given lot of eggs must be counted 
 77.3   in determining the volume of business on which the inspection 
 77.4   fee is based at the first location of business but must not 
 77.5   enter into the computation of volume of business for the second 
 77.6   location.  For the purpose of determining fees, "case" means one 
 77.7   of 30 dozen capacity.  The schedule of fees is as follows: 
 77.8   HIGHEST VOLUME OF CASES EACH                 FEE    
 77.9   LICENSING YEAR     
 77.10     1 -     50                               $ 10 $ 12.50 
 77.11    51 -    100                               $ 25 $ 31.25 
 77.12   101 -   1000                               $ 50 $ 62.50 
 77.13  1001 -   2000                               $ 75 $ 93.75 
 77.14  2001 -   4000                               $100 $125.00 
 77.15  4001 -   6000                               $125 $156.25 
 77.16  6001 -   8000                               $150 $187.50 
 77.17  8001 - 10,000                               $200 $250.00 
 77.18    OVER 10,000                               $250 $312.00 
 77.19     Each person subject to the inspection fee in this section 
 77.20  shall, under the direction of the commissioner, keep records 
 77.21  necessary to accurately determine the volume of shell eggs on 
 77.22  which the inspection fee is due and shall prepare annually a 
 77.23  written report of the volume upon forms supplied by the 
 77.24  commissioner.  This report, together with the required 
 77.25  inspection fee, must be filed with the department on or before 
 77.26  the last day of May of each year.  
 77.27     Sec. 32.  Minnesota Statutes 2000, section 31.39, is 
 77.28  amended to read: 
 77.29     31.39 [ASSESSMENTS; INSPECTION SERVICES; COMMERCIAL 
 77.30  CANNERIES ACCOUNT.] 
 77.31     Subdivision 1.  [ASSESSMENTS.] The commissioner is hereby 
 77.32  authorized and directed to collect from each commercial cannery 
 77.33  an assessment for inspection and services furnished, and for 
 77.34  maintaining a bacteriological laboratory and employing such 
 77.35  bacteriologists and trained and qualified sanitarians as the 
 77.36  commissioner may deem necessary.  The assessment to be made on 
 78.1   each commercial cannery, for each and every packing season, 
 78.2   shall not exceed one-half cent per case on all foods packed, 
 78.3   canned, or preserved therein, nor shall the assessment in any 
 78.4   one calendar year to any one cannery exceed $3,000 $6,000, and 
 78.5   the minimum assessment to any cannery in any one calendar year 
 78.6   shall be $100.  The commissioner shall provide appropriate 
 78.7   deductions from assessments for the net weight of meat, chicken, 
 78.8   or turkey ingredients which have been inspected and passed for 
 78.9   wholesomeness by the United States Department of Agriculture.  
 78.10  The commissioner may, when the commissioner deems it advisable, 
 78.11  graduate and reduce the assessment to such sum as is required to 
 78.12  furnish the inspection and laboratory services rendered.  The 
 78.13  assessment made and the license fees, penalties, and other sums 
 78.14  so collected shall be deposited in the state treasury, as other 
 78.15  departmental receipts are deposited, but shall constitute a 
 78.16  separate account to be known as the commercial canneries 
 78.17  inspection account, which is hereby created, and together with 
 78.18  moneys now remaining in said account, set aside, and 
 78.19  appropriated as a revolving fund, to meet the expense of special 
 78.20  inspection, laboratory and other services rendered, as provided 
 78.21  in sections 31.31 to 31.392.  The amount of such the assessment 
 78.22  shall be due and payable on or before December 31, of each year, 
 78.23  and if not paid on or before February 15 following, shall bear 
 78.24  interest after that date at the rate of seven percent per annum, 
 78.25  and a penalty of ten percent on the amount of the assessment 
 78.26  shall also be added and collected. 
 78.27     Subd. 2.  [COMMERCIAL CANNERIES INSPECTION ACCOUNT; 
 78.28  APPROPRIATION.] A commercial canneries inspection account is 
 78.29  created in the agricultural fund.  The assessments collected 
 78.30  under subdivision 1 shall be deposited in the commercial 
 78.31  canneries inspection account.  Money in the account, including 
 78.32  interest accrued, is appropriated to the commissioner to meet 
 78.33  the expense of special inspection, laboratory, and other 
 78.34  services rendered, as provided in sections 31.31 to 31.392.  
 78.35     Sec. 33.  [32.105] [MILK PROCUREMENT FEE.] 
 78.36     Each dairy plant operator within the state must pay to the 
 79.1   commissioner on or before the 18th of each month a fee of .71 
 79.2   cents per hundredweight of milk purchased the previous month.  
 79.3   If a milk producer within the state ships milk out of the state 
 79.4   for sale, the producer must pay the fee to the commissioner 
 79.5   unless the purchaser voluntarily pays the fee. 
 79.6      Producers who ship milk out of state or processors must 
 79.7   submit monthly reports as to milk purchases along with the 
 79.8   appropriate procurement fee to the commissioner.  The 
 79.9   commissioner may have access to all relevant purchase or sale 
 79.10  records as necessary to verify compliance with this section and 
 79.11  may require the producer or purchaser to produce records as 
 79.12  necessary to determine compliance. 
 79.13     The fees collected under this section must be deposited in 
 79.14  the dairy services account in the agricultural fund.  Money in 
 79.15  the account, including interest earned, is appropriated to the 
 79.16  commissioner to administer this chapter. 
 79.17     <b>[EFFECTIVE DATE.]</b> This section is effective for milk 
 79.18  delivered after June 30, 2001. 
 79.19     Sec. 34.  Minnesota Statutes 2000, section 32.392, is 
 79.20  amended to read: 
 79.21     32.392 [APPROVAL OF DAIRY PLANTS.] 
 79.22     No person shall operate a dairy plant in this state unless 
 79.23  the dairy plant, and the equipment, water supply and plumbing 
 79.24  system connected therewith shall have been first approved by the 
 79.25  commissioner and a permit issued to operate the same.  At the 
 79.26  time of filing the application for a permit, the applicant shall 
 79.27  submit to the commissioner duplicate floor plans of such plant 
 79.28  which shall show the placement of equipment, the source of water 
 79.29  supply and method of distribution, and the location of the 
 79.30  plumbing system, including the disposal of wastes.  All new 
 79.31  construction or alteration of any existing dairy plants shall be 
 79.32  made only with the approval of the commissioner and duplicate 
 79.33  plans for such construction or alteration shall be submitted to 
 79.34  the commissioner for approval.  Any permit may be revoked by the 
 79.35  commissioner for due cause after the holder of the permit has 
 79.36  been given the opportunity for a hearing, in which case the 
 80.1   holder of the permit shall be notified in writing, at least 
 80.2   seven days prior to the date of such hearing, of the time and 
 80.3   place of such hearing.  
 80.4      The fee for approval services is $45 per hour of department 
 80.5   staff time spent in the approval process.  The fees must be 
 80.6   deposited in the dairy services account in the agricultural fund.
 80.7   Money in the account, including interest earned, is appropriated 
 80.8   to the commissioner to administer this chapter. 
 80.9      Sec. 35.  Minnesota Statutes 2000, section 32.394, 
 80.10  subdivision 8a, is amended to read: 
 80.11     Subd. 8a.  [LABORATORY CERTIFICATION.] A laboratory, before 
 80.12  conducting a test the results of which are to be used in the 
 80.13  enforcement of requirements for distribution of milk, milk 
 80.14  products or goat milk under the Grade A label, must be certified 
 80.15  as meeting the requirements for laboratory approval that are 
 80.16  established by rule of the commissioner, and must receive a 
 80.17  permit from the commissioner.  The permit shall remain valid 
 80.18  without renewal unless suspended or revoked by the commissioner 
 80.19  for failure to comply with the requirements.  Satisfactory 
 80.20  analytical procedures and results for split samples, the nature, 
 80.21  number and frequency of which shall be in accordance with rules 
 80.22  established by the commissioner, shall be required of a 
 80.23  certified laboratory for retention of its certification and 
 80.24  permit. 
 80.25     An application for initial certification or biennial 
 80.26  recertification, or for recertification following suspension or 
 80.27  revocation of a permit shall be accompanied by a an annual fee 
 80.28  of not less than $100 nor more than $350.  The fee for each set 
 80.29  of split samples shall be not less than $25 nor more than 
 80.30  $75 based on the number of analysts approved and the number of 
 80.31  specific tests for which they are approved.  The fee is not less 
 80.32  than $150 or more than $200 for each analyst approved and not 
 80.33  less than $35 or more than $50 for each test approved.  The 
 80.34  commissioner may annually adjust assessments within the limits 
 80.35  established by this subdivision to meet the cost recovery of the 
 80.36  services required by this subdivision. 
 81.1      A certified laboratory of record on June 5, 1975 shall be 
 81.2   issued a permit without having to pay the initial certification 
 81.3   fee. 
 81.4      Sec. 36.  Minnesota Statutes 2000, section 32.394, 
 81.5   subdivision 8e, is amended to read: 
 81.6      Subd. 8e.  [FARM BULK MILK PICK-UP TANKERS.] Farm bulk milk 
 81.7   pick-up tankers and milk transports and tankers used to 
 81.8   transport milk products must be inspected and obtain a permit 
 81.9   issued by the commissioner annually by July 1.  The owner or 
 81.10  operator must pay a $25 permit fee per tanker to the 
 81.11  commissioner.  The commissioner may appoint such persons as the 
 81.12  commissioner deems qualified to make inspections. 
 81.13     Sec. 37.  Minnesota Statutes 2000, section 34.07, is 
 81.14  amended to read: 
 81.15     34.07 [BEVERAGE INSPECTION FUND ACCOUNT; APPROPRIATION.] 
 81.16     A beverage inspection account is created in the 
 81.17  agricultural fund.  All fees and fines collected hereunder by 
 81.18  the commissioner, together with all fines paid for the violation 
 81.19  of the provisions of sections 34.02 to 34.11, shall be paid into 
 81.20  the state treasury and credited to the beverage inspection fund, 
 81.21  hereby created.  The money so derived is hereby appropriated to 
 81.22  compensate for and meet the expense of inspection and 
 81.23  supervision, as provided for in sections 34.02 to 34.11.  The 
 81.24  money so collected and appropriated shall be expended by the 
 81.25  commissioner for inspection, supervisions, publications, short 
 81.26  courses, and such other activities as in the commissioner's 
 81.27  judgment may be necessary, not inconsistent with the provisions 
 81.28  of sections 34.02 to 34.11 under this chapter shall be credited 
 81.29  to the beverage inspection account.  Money in the account, 
 81.30  including interest accrued, is appropriated to the commissioner 
 81.31  for inspection and supervision under this chapter. 
 81.32     Sec. 38.  Minnesota Statutes 2000, section 41A.09, 
 81.33  subdivision 3a, is amended to read: 
 81.34     Subd. 3a.  [PAYMENTS.] (a) The commissioner of agriculture 
 81.35  shall make cash payments to producers of ethanol, anhydrous 
 81.36  alcohol, and wet alcohol located in the state.  These payments 
 82.1   shall apply only to ethanol, anhydrous alcohol, and wet alcohol 
 82.2   fermented in the state and produced at plants that have begun 
 82.3   production by June 30, 2000 2005.  For the purpose of this 
 82.4   subdivision, an entity that holds a controlling interest in more 
 82.5   than one ethanol plant is considered a single producer.  The 
 82.6   amount of the payment for each producer's annual production is: 
 82.7      (1) except as provided in paragraph (b), for each gallon of 
 82.8   ethanol or anhydrous alcohol produced on or before June 30, 
 82.9   2000, or ten years after the start of production, whichever is 
 82.10  later, 20 cents per gallon; and 
 82.11     (2) for each gallon produced of wet alcohol on or before 
 82.12  June 30, 2000, or ten years after the start of production, 
 82.13  whichever is later, a payment in cents per gallon calculated by 
 82.14  the formula "alcohol purity in percent divided by five," and 
 82.15  rounded to the nearest cent per gallon, but not less than 11 
 82.16  cents per gallon. 
 82.17     The producer payments for anhydrous alcohol and wet alcohol 
 82.18  under this section may be paid to either the original producer 
 82.19  of anhydrous alcohol or wet alcohol or the secondary processor, 
 82.20  at the option of the original producer, but not to both. 
 82.21     No payments shall be made for production that occurs after 
 82.22  June 30, 2010 2015. 
 82.23     (b) If the level of production at an ethanol plant 
 82.24  increases due to an increase in the production capacity of the 
 82.25  plant, the payment under paragraph (a), clause (1), applies to 
 82.26  the additional increment of production until ten years after the 
 82.27  increased production began.  Once a plant's production capacity 
 82.28  reaches 15,000,000 gallons per year, no additional increment 
 82.29  will qualify for the payment. 
 82.30     (c) The commissioner shall make payments to producers of 
 82.31  ethanol or wet alcohol in the amount of 1.5 cents for each 
 82.32  kilowatt hour of electricity generated using closed-loop biomass 
 82.33  in a cogeneration facility at an ethanol plant located in the 
 82.34  state.  Payments under this paragraph shall be made only for 
 82.35  electricity generated at cogeneration facilities that begin 
 82.36  operation by June 30, 2000.  The payments apply to electricity 
 83.1   generated on or before the date ten years after the producer 
 83.2   first qualifies for payment under this paragraph.  Total 
 83.3   payments under this paragraph in any fiscal year may not exceed 
 83.4   $750,000.  For the purposes of this paragraph: 
 83.5      (1) "closed-loop biomass" means any organic material from a 
 83.6   plant that is planted for the purpose of being used to generate 
 83.7   electricity or for multiple purposes that include being used to 
 83.8   generate electricity; and 
 83.9      (2) "cogeneration" means the combined generation of: 
 83.10     (i) electrical or mechanical power; and 
 83.11     (ii) steam or forms of useful energy, such as heat, that 
 83.12  are used for industrial, commercial, heating, or cooling 
 83.13  purposes. 
 83.14     (d) Payments under paragraphs (a) and (b) to all producers 
 83.15  may not exceed $37,000,000 in a fiscal year.  Total payments 
 83.16  under paragraphs (a) and (b) to a producer in a fiscal year may 
 83.17  not exceed $3,000,000. 
 83.18     (e) (d) By the last day of October, January, April, and 
 83.19  July, each producer shall file a claim for payment for ethanol, 
 83.20  anhydrous alcohol, and wet alcohol production during the 
 83.21  preceding three calendar months.  A producer with more than one 
 83.22  plant shall file a separate claim for each plant.  A producer 
 83.23  that files a claim under this subdivision shall include a 
 83.24  statement of the producer's total ethanol, anhydrous alcohol, 
 83.25  and wet alcohol production in Minnesota during the quarter 
 83.26  covered by the claim, including anhydrous alcohol and wet 
 83.27  alcohol produced or received from an outside source.  A producer 
 83.28  shall file a separate claim for any amount claimed under 
 83.29  paragraph (c).  For each claim and statement of total ethanol, 
 83.30  anhydrous alcohol, and wet alcohol production filed under this 
 83.31  subdivision, the volume of ethanol, anhydrous alcohol, and wet 
 83.32  alcohol production or amounts of electricity generated using 
 83.33  closed-loop biomass must be examined by an independent certified 
 83.34  public accountant in accordance with standards established by 
 83.35  the American Institute of Certified Public Accountants. 
 83.36     (f) (e) Payments shall be made November 15, February 15, 
 84.1   May 15, and August 15.  A separate payment shall be made for 
 84.2   each claim filed.  Except as provided in paragraph (j) (i), the 
 84.3   total quarterly payment to a producer under this paragraph, 
 84.4   excluding amounts paid under paragraph (c), may not exceed 
 84.5   $750,000.  
 84.6      (g) (f) If the total amount for which all producers are 
 84.7   eligible in a quarter under paragraph (c) exceeds the amount 
 84.8   available for payments $9,250,000, the commissioner shall make 
 84.9   payments in the order in which the plants covered by the claims 
 84.10  began generating electricity using closed-loop biomass on a pro 
 84.11  rata basis. 
 84.12     (h) (g) After July 1, 1997, new production capacity is only 
 84.13  eligible for payment under this subdivision if the commissioner 
 84.14  receives: 
 84.15     (1) an application for approval of the new production 
 84.16  capacity; 
 84.17     (2) an appropriate letter of long-term financial commitment 
 84.18  for construction of the new production capacity; and 
 84.19     (3) copies of all necessary permits for construction of the 
 84.20  new production capacity. 
 84.21     The commissioner may approve new production capacity based 
 84.22  on the order in which the applications are received.  
 84.23     (i) (h) The commissioner may not approve any new production 
 84.24  capacity after July 1, 1998, except: 
 84.25     (1) that a producer with an approved production capacity of 
 84.26  at least 12,000,000 gallons per year but less than 15,000,000 
 84.27  gallons per year prior to July 1, 1998, is approved for 
 84.28  15,000,000 gallons of production capacity; and 
 84.29     (2) the commissioner may approve up to two new ethanol 
 84.30  plants by June 30, 2005. 
 84.31     (j) (i) Notwithstanding the quarterly payment limits of 
 84.32  paragraph (f) (e), the commissioner shall make an additional 
 84.33  payment in the eighth quarter of each fiscal biennium to ethanol 
 84.34  producers for the lesser of:  (1) 20 cents per gallon of 
 84.35  production in the eighth quarter of the biennium that is greater 
 84.36  than 3,750,000 gallons; or (2) the total amount of payments lost 
 85.1   during the first seven quarters of the biennium due to plant 
 85.2   outages, repair, or major maintenance.  Total payments to an 
 85.3   ethanol producer in a fiscal biennium, including any payment 
 85.4   under this paragraph, must not exceed the total amount the 
 85.5   producer is eligible to receive based on the producer's approved 
 85.6   production capacity.  The provisions of this paragraph apply 
 85.7   only to production losses that occur in quarters beginning after 
 85.8   December 31, 1999. 
 85.9      (k) (j) For the purposes of this subdivision "new 
 85.10  production capacity" means annual ethanol production capacity 
 85.11  that was not allowed under a permit issued by the pollution 
 85.12  control agency prior to July 1, 1997, or for which construction 
 85.13  did not begin prior to July 1, 1997. 
 85.14     Sec. 39.  Minnesota Statutes 2000, section 41A.09, 
 85.15  subdivision 5a, is amended to read: 
 85.16     Subd. 5a.  [EXPIRATION.] This section expires June 30, 2010 
 85.17  2015, and the unobligated balance of each appropriation under 
 85.18  this section on that date reverts to the general fund. 
 85.19     Sec. 40.  [41B.049] [AGRICULTURAL PROCESSING FACILITY LOAN 
 85.20  PROGRAM.] 
 85.21     Subdivision 1.  [AGRICULTURAL PROCESSING FACILITY LOAN 
 85.22  PROGRAM.] The authority may establish and implement an 
 85.23  agricultural processing facility loan program to provide capital 
 85.24  for agricultural processing facilities.  The program may provide 
 85.25  for secured or unsecured loans, loan participations, and loan 
 85.26  guarantees with respect to real or personal property comprising 
 85.27  all or part of an agricultural processing facility, and the 
 85.28  payment of costs incurred by the authority to establish and 
 85.29  administer the program. 
 85.30     Subd. 2.  [AGRICULTURAL PROCESSING FACILITY REVOLVING 
 85.31  FUND.] There is established in the state treasury an 
 85.32  agricultural processing facility revolving fund.  All repayments 
 85.33  of financial assistance granted under subdivision 1, including 
 85.34  principal and interest, must be deposited into the agricultural 
 85.35  processing facility revolving fund.  Money in the fund is 
 85.36  appropriated to the commissioner of agriculture for the purposes 
 86.1   of the agricultural processing facility loan program, including 
 86.2   costs incurred by the authority to establish and administer the 
 86.3   program.  
 86.4      Subd. 3.  [REVENUE BONDS.] The authority may issue revenue 
 86.5   bonds to finance the agricultural processing facility loan 
 86.6   program in accordance with sections 41B.08 to 41B.15, 41B.17, 
 86.7   and 41B.18.  Bonds may be refunded by the issuance of refunding 
 86.8   bonds in the manner authorized by chapter 475. 
 86.9      Subd. 4.  [PROGRAM REQUIREMENTS.] The requirements in this 
 86.10  subdivision apply to the agricultural processing facility loan 
 86.11  program. 
 86.12     (a) Individuals, corporations, cooperatives, partnerships, 
 86.13  and joint ventures may participate in the program and are not 
 86.14  required to meet the eligibility requirements of section 41B.03, 
 86.15  subdivision 1. 
 86.16     (b) Program participants may be required to pay reasonable 
 86.17  nonrefundable application fees and origination fees established 
 86.18  by the authority by rule under section 41B.07.  Application and 
 86.19  origination fees received by the authority must be deposited in 
 86.20  the agricultural processing revolving fund. 
 86.21     (c) Total assistance provided to an agricultural processing 
 86.22  facility from appropriated funds must not exceed $7,000,000. 
 86.23     (d) The interest payable on loans and loan participations 
 86.24  made by the authority must, if funded by revenue bond proceeds, 
 86.25  be at a rate not less than the rate on the revenue bonds, and 
 86.26  may be established at a higher rate necessary to pay costs 
 86.27  associated with the issuance of the revenue bonds and a 
 86.28  proportionate share of the cost of administering the program.  
 86.29  The interest payable on loans and loan participations funded 
 86.30  from sources other than revenue bond proceeds must be at a rate 
 86.31  determined by the authority. 
 86.32     Sec. 41.  Minnesota Statutes 2000, section 84.025, 
 86.33  subdivision 7, is amended to read: 
 86.34     Subd. 7.  [CONTRACTS.] The commissioner of natural 
 86.35  resources may contract with the federal government, local 
 86.36  governmental units, federally recognized American tribal 
 87.1   governments, the University of Minnesota, the Minnesota 
 87.2   Historical Society, and other educational institutions, and 
 87.3   private persons as may be necessary in the performance of 
 87.4   duties.  Contracts made pursuant to this section for 
 87.5   professional services shall not be subject to the provisions of 
 87.6   chapter 16C, as they relate to competitive bidding. 
 87.7      Sec. 42.  [84.0261] [DISPOSITION OF REIMBURSEMENT FROM 
 87.8   NATURAL DISASTERS.] 
 87.9      Notwithstanding any other law to the contrary, money 
 87.10  received by the commissioner of natural resources as 
 87.11  reimbursement for damages, losses, or service costs incurred 
 87.12  because of a natural disaster shall be deposited in the special 
 87.13  revenue fund and are appropriated to the commissioner to 
 87.14  accomplish the goals of those programs from which funds were 
 87.15  diverted in response to the natural disaster. 
 87.16     Sec. 43.  Minnesota Statutes 2000, section 84.0887, 
 87.17  subdivision 4, is amended to read: 
 87.18     Subd. 4.  [ADVISORY COMMITTEE.] The commissioner shall 
 87.19  establish a youth corps advisory committee with broad state 
 87.20  representation including youth.  Notwithstanding section 15.059, 
 87.21  subdivision 5, or other law to the contrary, the committee 
 87.22  expires June 30, 2001 2003. 
 87.23     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 87.24  following final enactment.  
 87.25     Sec. 44.  Minnesota Statutes 2000, section 84.83, 
 87.26  subdivision 3, is amended to read: 
 87.27     Subd. 3.  [PURPOSES FOR THE ACCOUNT.] The money deposited 
 87.28  in the account and interest earned on that money may be expended 
 87.29  only as appropriated by law for the following purposes:  
 87.30     (1) for a grant-in-aid program to counties and 
 87.31  municipalities for construction and maintenance of snowmobile 
 87.32  trails, including maintenance of trails on lands and waters of 
 87.33  Voyageurs National Park; 
 87.34     (2) for acquisition, development, and maintenance of state 
 87.35  recreational snowmobile trails; 
 87.36     (3) for snowmobile safety programs; and 
 88.1      (4) for the administration and enforcement of sections 
 88.2   84.81 to 84.90 and appropriated grants to local law enforcement 
 88.3   agencies.  
 88.4      Sec. 45.  Minnesota Statutes 2000, section 84.925, 
 88.5   subdivision 1, is amended to read: 
 88.6      Subdivision 1.  [PROGRAM ESTABLISHED.] (a) The commissioner 
 88.7   shall establish a comprehensive all-terrain vehicle 
 88.8   environmental and safety education and training program, 
 88.9   including the preparation and dissemination of vehicle 
 88.10  information and safety advice to the public, the training of 
 88.11  all-terrain vehicle operators, and the issuance of all-terrain 
 88.12  vehicle safety certificates to vehicle operators over the age of 
 88.13  12 years who successfully complete the all-terrain vehicle 
 88.14  environmental and safety education and training course.  
 88.15     (b) For the purpose of administering the program and to 
 88.16  defray a portion of the expenses of training and certifying 
 88.17  vehicle operators, the commissioner shall collect a fee of $15 
 88.18  from each person who receives the training.  The commissioner 
 88.19  shall establish a fee that neither significantly overrecovers 
 88.20  nor underrecovers costs, including overhead costs, involved in 
 88.21  providing the services.  The fee is not subject to the 
 88.22  rulemaking provisions of chapter 14 and section 14.386 does not 
 88.23  apply.  The fees shall be deposited in the all-terrain vehicle 
 88.24  account and the amount thereof is appropriated annually to the 
 88.25  enforcement division of the department of natural resources for 
 88.26  the administration of the program.  In addition to the fee 
 88.27  established by the commissioner, instructors may charge each 
 88.28  person up to the established fee amount for class materials and 
 88.29  expenses. 
 88.30     (c) The commissioner shall cooperate with private 
 88.31  organizations and associations, private and public corporations, 
 88.32  and local governmental units in furtherance of the program 
 88.33  established under this section.  School districts may cooperate 
 88.34  with the commissioner and volunteer instructors to provide space 
 88.35  for the classroom portion of the training.  The commissioner 
 88.36  shall consult with the commissioner of public safety in regard 
 89.1   to training program subject matter and performance testing that 
 89.2   leads to the certification of vehicle operators.  By June 30, 
 89.3   2003, the commissioner shall incorporate a riding component in 
 89.4   the safety education and training program. 
 89.5      Sec. 46.  Minnesota Statutes 2000, section 84.9256, 
 89.6   subdivision 1, is amended to read: 
 89.7      Subdivision 1.  [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 
 89.8   Except for operation on public road rights-of-way that is 
 89.9   permitted under section 84.928, a driver's license issued by the 
 89.10  state or another state is required to operate an all-terrain 
 89.11  vehicle along or on a public road right-of-way. 
 89.12     (b) A person under 12 years of age shall not: 
 89.13     (1) make a direct crossing of a public road right-of-way; 
 89.14     (2) operate an all-terrain vehicle on a public road 
 89.15  right-of-way in the state; or 
 89.16     (3) operate an all-terrain vehicle on public lands or 
 89.17  waters.  
 89.18     (c) Except for public road rights-of-way of interstate 
 89.19  highways, a person 12 years of age but less than 16 years may 
 89.20  make a direct crossing of a public road right-of-way of a trunk, 
 89.21  county state-aid, or county highway or operate on public lands 
 89.22  and waters, only if that person possesses a valid all-terrain 
 89.23  vehicle safety certificate issued by the commissioner and is 
 89.24  accompanied on another all-terrain vehicle by a person 18 years 
 89.25  of age or older who holds a valid driver's license.  
 89.26     (d) All-terrain vehicle safety certificates issued by the 
 89.27  commissioner to persons 12 years old, but less than 16 years 
 89.28  old, are not valid for machines in excess of 90cc engine 
 89.29  capacity unless: 
 89.30     (1) the person successfully completed the safety education 
 89.31  and training program under section 84.925, subdivision 1, 
 89.32  including a riding component; 
 89.33     (2) the riding component of the training was conducted 
 89.34  using an all-terrain vehicle with over 90cc engine capacity; and 
 89.35     (3) the person is able to properly reach and control both 
 89.36  the handle bars and foot pegs while sitting upright on the seat 
 90.1   of the all-terrain vehicle. 
 90.2      Sec. 47.  Minnesota Statutes 2000, section 85.015, is 
 90.3   amended by adding a subdivision to read: 
 90.4      Subd. 22.  [MINNESOTA RIVER TRAIL; BIG STONE, SWIFT, YELLOW 
 90.5   MEDICINE, CHIPPEWA, RENVILLE, NICOLLET, SIBLEY, AND LESUEUR 
 90.6   COUNTIES.] The trail shall originate at the entrance to Big 
 90.7   Stone Lake state park and extend along the Minnesota river 
 90.8   valley to connect to the Minnesota Valley trail at the city of 
 90.9   LeSueur. 
 90.10     Sec. 48.  Minnesota Statutes 2000, section 85.015, is 
 90.11  amended by adding a subdivision to read: 
 90.12     Subd. 23.  [CENTRAL LAKES TRAIL; OTTER TAIL, GRANT, AND 
 90.13  DOUGLAS COUNTIES.] The trail shall originate at the city of 
 90.14  Fergus Falls and extend in a southeasterly direction through 
 90.15  Grant and Douglas counties to the eastern boundary of Douglas 
 90.16  county. 
 90.17     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005. 
 90.18     Sec. 49.  Minnesota Statutes 2000, section 85.32, 
 90.19  subdivision 1, is amended to read: 
 90.20     Subdivision 1.  [AREAS MARKED.] The commissioner of natural 
 90.21  resources is authorized in cooperation with local units of 
 90.22  government and private individuals and groups when feasible to 
 90.23  mark canoe and boating routes on the Little Fork, Big Fork, 
 90.24  Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, 
 90.25  Straight, Des Moines, Crow Wing, St. Louis, Pine, Rum, Kettle, 
 90.26  Cloquet, Root, Zumbro, Pomme de Terre within Swift county, 
 90.27  Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift 
 90.28  county to Montevideo in Chippewa county, Long Prairie, Red River 
 90.29  of the North, and Crow rivers which have historic and scenic 
 90.30  values and to mark appropriately points of interest, portages, 
 90.31  camp sites, and all dams, rapids, waterfalls, whirlpools, and 
 90.32  other serious hazards which are dangerous to canoe and 
 90.33  watercraft travelers. 
 90.34     Sec. 50.  Minnesota Statutes 2000, section 86A.21, is 
 90.35  amended to read: 
 90.36     86A.21 [POWERS AND DUTIES OF COMMISSIONER.] 
 91.1      (a) The commissioner may:  
 91.2      (1) acquire, construct, and maintain small craft harbors, 
 91.3   channels, and facilities for recreational watercraft in the 
 91.4   navigable waters lying within the locations identified in Laws 
 91.5   1993, chapter 333, section 1; 
 91.6      (2) acquire by purchase, lease, gift, or condemnation the 
 91.7   lands, rights-of-way, easements, and other interests necessary 
 91.8   for small craft harbors, channels, mooring facilities, marinas, 
 91.9   launching ramps, and facilities normally used to support harbors 
 91.10  of refuge, channels, docks, and launching ramps; 
 91.11     (3) provide the public within the boundaries of small craft 
 91.12  harbors, through leases of public property, with mooring 
 91.13  facilities and marinas developed and operated by public or 
 91.14  nonpublic entities at no cost to the state or its political 
 91.15  subdivisions; 
 91.16     (4) charge fees for both seasonal and daily moorage at 
 91.17  state-operated or state-assisted small craft harbors and mooring 
 91.18  facilities; 
 91.19     (5) collect the proceeds from the sale of marine fuel at 
 91.20  small craft harbors or mooring facilities operated by the state. 
 91.21     (b) Fees and proceeds collected under paragraph (a) must be 
 91.22  credited to the water recreation account.  The fees and proceeds 
 91.23  are appropriated to the commissioner of natural resources and 
 91.24  may be used for purposes relating to mooring facilities and 
 91.25  small craft harbors, including: 
 91.26     (1) operation and maintenance; 
 91.27     (2) purchase of marine fuel and other petroleum supplies; 
 91.28     (3) replacement or expansion; or 
 91.29     (4) debt service on funds provided through the sale of 
 91.30  state bonds.  
 91.31     (c) Fees collected at small craft harbors and boating 
 91.32  facilities constructed or operated by local units of government 
 91.33  with financial assistance from the state shall, after payment of 
 91.34  the costs of operating and maintaining the facilities, be used 
 91.35  for purposes relating to mooring facilities and small craft 
 91.36  harbors, including: 
 92.1      (1) operation and maintenance; 
 92.2      (2) replacement or expansion; or 
 92.3      (3) debt service on funds provided through the sale of 
 92.4   state bonds. 
 92.5      Sec. 51.  Minnesota Statutes 2000, section 89.001, is 
 92.6   amended by adding a subdivision to read: 
 92.7      Subd. 15.  [BIOLOGICAL DIVERSITY.] "Biological diversity" 
 92.8   means the variety and abundance of species, their genetic 
 92.9   composition, and the communities and landscapes in which they 
 92.10  occur, including the ecological structures, functions, and 
 92.11  processes occurring at all of these levels. 
 92.12     Sec. 52.  Minnesota Statutes 2000, section 89.012, is 
 92.13  amended to read: 
 92.14     89.012 [UNIT FOREST RESOURCE PLANS.] 
 92.15     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) Each geographic 
 92.16  administrative unit of the division of forestry identified by 
 92.17  the commissioner as an appropriate unit for forest resource 
 92.18  planning shall have a unit forest resource plan which is 
 92.19  consistent with the forest resource management policy and plan, 
 92.20  including state reforestation and road policies.  The scope and 
 92.21  content of the plan shall be determined by the commissioner.  A 
 92.22  unit plan shall not be implemented until approved by the 
 92.23  commissioner.  
 92.24     (b) A unit plan shall set forth the specific goals and 
 92.25  objectives for the management, protection, development, and 
 92.26  production of forest resources in the administrative unit.  A 
 92.27  unit plan shall be integrated with other uses not managed under 
 92.28  the multiple use, sustained yield principles policy when those 
 92.29  uses have been authorized and approved according to law, 
 92.30  including compliance with environmental review procedures.  Unit 
 92.31  plans shall be revised as necessary to remain consistent with 
 92.32  the forest resource management plan.  
 92.33     Subd. 2.  [RIPARIAN AREAS.] Unit forest resource plans 
 92.34  shall provide direction for the management and protection of 
 92.35  forest riparian areas on lands administered by the commissioner 
 92.36  and shall consider the role of lands administered by the 
 93.1   commissioner in managing riparian forest areas consistent with 
 93.2   the goals and desired future conditions established by the 
 93.3   regional forest resource committee for the relevant areas under 
 93.4   section 89A.06, subdivision 2.  Permits to cut timber from lands 
 93.5   administered by the commissioner shall specify requirements for 
 93.6   the protection of riparian areas based on the direction for 
 93.7   management contained in the unit forest resource plans and shall 
 93.8   be consistent with the site-level guidelines developed under 
 93.9   section 89A.05 and unit forest resource plans. 
 93.10     Sec. 53.  [89.0125] [MONITORING.] 
 93.11     Subdivision 1.  [FOREST RESOURCE MONITORING.] The 
 93.12  commissioner shall establish a program for monitoring broad 
 93.13  trends and conditions in the state's forest resources at 
 93.14  statewide, landscape, and site levels.  The forest resources 
 93.15  council shall provide oversight and program direction for the 
 93.16  development and implementation of the monitoring program.  To 
 93.17  the extent possible, the information generated under the 
 93.18  monitoring program must be reported in formats consistent with 
 93.19  the landscape regions used to accomplish the planning and 
 93.20  coordination activities specified in section 89A.06.  To the 
 93.21  extent possible, the program must incorporate data generated by 
 93.22  existing resource monitoring programs.  The commissioner shall 
 93.23  report to the forest resources council information on current 
 93.24  conditions and recent trends in the state's forest resources. 
 93.25     Subd. 2.  [PRACTICES AND COMPLIANCE MONITORING.] The 
 93.26  commissioner shall establish a program for monitoring 
 93.27  silvicultural practices and application of the timber harvesting 
 93.28  and forest management guidelines at statewide, landscape, and 
 93.29  site levels.  The forest resources council shall provide 
 93.30  oversight and program direction for the development and 
 93.31  implementation of the monitoring program.  To the extent 
 93.32  possible, the information generated by the monitoring program 
 93.33  must be reported in formats consistent with the landscape 
 93.34  regions used to accomplish the planning and coordination 
 93.35  activities specified in section 89A.06.  The commissioner shall 
 93.36  report to the forest resources council on the nature and extent 
 94.1   of silvicultural practices used and compliance with the timber 
 94.2   harvesting and forest management guidelines.  This report must 
 94.3   include a detailed description of the concerns received from 
 94.4   citizens under section 89A.07, subdivision 5. 
 94.5      Subd. 3.  [EFFECTIVENESS MONITORING.] The commissioner, in 
 94.6   cooperation with other research and land management 
 94.7   organizations, shall evaluate the effectiveness of practices to 
 94.8   mitigate impacts of timber harvesting and forest management 
 94.9   activities on the state's forest resources.  The forest 
 94.10  resources council shall provide oversight and program direction 
 94.11  for the development and implementation of this monitoring 
 94.12  program.  The commissioner shall report to the forest resources 
 94.13  council on the effectiveness of these practices. 
 94.14     Sec. 54.  Minnesota Statutes 2000, section 89A.01, 
 94.15  subdivision 3, is amended to read: 
 94.16     Subd. 3.  [BIOLOGICAL DIVERSITY.] "Biological diversity" 
 94.17  means the variety and abundance of species, their genetic 
 94.18  composition, and the communities and landscapes in which they 
 94.19  occur, including the ecological structures, functions, and 
 94.20  processes occurring at all of these levels has the meaning given 
 94.21  in section 89.001, subdivision 15. 
 94.22     Sec. 55.  Minnesota Statutes 2000, section 89A.05, 
 94.23  subdivision 1, is amended to read: 
 94.24     Subdivision 1.  [DEVELOPMENT.] The council shall coordinate 
 94.25  the development of comprehensive timber harvesting and forest 
 94.26  management guidelines.  The guidelines must address the water, 
 94.27  air, soil, biotic, recreational, and aesthetic resources found 
 94.28  in forest ecosystems by focusing on those impacts commonly 
 94.29  associated with applying site-level forestry practices.  The 
 94.30  guidelines must reflect a range of practical and sound practices 
 94.31  based on the best available scientific information, and be 
 94.32  integrated to minimize conflicting recommendations while being 
 94.33  easy to understand and implement.  By June 30, 2003, the council 
 94.34  shall review and, if deemed necessary, update the guidelines.  
 94.35  Changes to the guidelines shall be peer reviewed prior to final 
 94.36  adoption by the council.  By December 1999, the council must 
 95.1   undertake a peer review of the recommendations in the forest 
 95.2   management guidelines adopted in December 1998 for protecting 
 95.3   forest riparian areas and seasonal ponds.  Notification of the 
 95.4   availability of proposed changes to the guidelines must be 
 95.5   placed in the environmental quality board monitor. 
 95.6      Sec. 56.  Minnesota Statutes 2000, section 89A.05, 
 95.7   subdivision 2a, is amended to read: 
 95.8      Subd. 2a.  [REVIEW.] In reviewing the guidelines, the 
 95.9   council must consider information from forest resources, 
 95.10  practices, compliance, and effectiveness monitoring programs of 
 95.11  the department.  The council must also consider the concerns 
 95.12  received from citizens under section 89A.07, subdivision 5.  The 
 95.13  council's recommendations relating to revisions to the forest 
 95.14  management guidelines must be subject to peer reviewers 
 95.15  appointed by the council.  The council must consider 
 95.16  recommendations of peer reviewers prior to final adoption of 
 95.17  revisions to the guidelines. 
 95.18     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 95.19  following final enactment and applies to all guidelines 
 95.20  developed, modified, or adopted after that date.  
 95.21     Sec. 57.  Minnesota Statutes 2000, section 89A.05, 
 95.22  subdivision 4, is amended to read: 
 95.23     Subd. 4.  [MONITORING RIPARIAN FORESTS.] The commissioner, 
 95.24  with program advice from the council, shall accelerate 
 95.25  monitoring the extent and condition of riparian forests, the 
 95.26  extent to which harvesting occurs within riparian management 
 95.27  zones and seasonal ponds, and the use and effectiveness of 
 95.28  timber harvesting and forest management guidelines applied in 
 95.29  riparian management zones and seasonal ponds.  This information 
 95.30  shall, to the extent possible, be consistent with the monitoring 
 95.31  programs identified in section sections 89.0125 and 89A.07.  
 95.32  Information gathered on riparian forests and timber harvesting 
 95.33  in riparian management zones and seasonal ponds as specified in 
 95.34  this subdivision shall be presented to the legislature by 
 95.35  February 2001 and in subsequent reports required in section 
 95.36  89A.03, subdivision 6. 
 96.1      Sec. 58.  Minnesota Statutes 2000, section 89A.06, 
 96.2   subdivision 2, is amended to read: 
 96.3      Subd. 2.  [REGIONAL FOREST RESOURCE COMMITTEES.] To foster 
 96.4   landscape-based forest resource planning, the council must 
 96.5   establish regional forest resource committees.  Each regional 
 96.6   committee shall: 
 96.7      (1) include representative interests in a particular region 
 96.8   that are committed to and involved in landscape planning and 
 96.9   coordination activities; 
 96.10     (2) serve as a forum for landowners, managers, and 
 96.11  representative interests to discuss landscape forest resource 
 96.12  issues; 
 96.13     (3) identify and implement an open and public process 
 96.14  whereby for landscape-based strategic planning of forest 
 96.15  resources can occur that includes: 
 96.16     (i) assessment of economic, demographic, wildlife habitat, 
 96.17  and environmental conditions; 
 96.18     (ii) identification of desired future conditions; 
 96.19     (iii) identification of strategies to achieve the desired 
 96.20  future conditions; 
 96.21     (iv) monitoring forest resources to ascertain if progress 
 96.22  is being made to achieve the desired future conditions; and 
 96.23     (v) adaptation of desired future conditions and the 
 96.24  strategies to achieve them as warranted by the monitoring 
 96.25  results; 
 96.26     (4) integrate its report with existing public and private 
 96.27  landscape planning efforts in the region; 
 96.28     (5) facilitate landscape coordination between existing 
 96.29  regional landscape planning efforts of land managers, both 
 96.30  public and private; 
 96.31     (6) identify and facilitate opportunities for public 
 96.32  participation in existing landscape planning efforts in this 
 96.33  region; and 
 96.34     (7) identify sustainable forest resource goals for the 
 96.35  landscape and strategies to achieve those goals; and 
 96.36     (8) provide a regional perspective to the council with 
 97.1   respect to council activities. 
 97.2      Sec. 59.  Minnesota Statutes 2000, section 89A.06, 
 97.3   subdivision 2a, is amended to read: 
 97.4      Subd. 2a.  [REGIONAL FOREST COMMITTEE REPORTING.] The 
 97.5   council must report annually on the activities and progress made 
 97.6   by the regional forest committees established under subdivision 
 97.7   2, including the following: 
 97.8      (1) by December 1, 1999, the regional committee for the 
 97.9   council's northeast landscape will complete the identification 
 97.10  of draft desired future outcomes, key issues, and strategies for 
 97.11  the landscape; 
 97.12     (2) by July 1, 2000, the council will complete assessments 
 97.13  for the council's north central and southeast landscape regions; 
 97.14     (3) by July 1, 2001, the regional committees for the north 
 97.15  central and southeast landscapes will complete draft desired 
 97.16  future outcomes, key issues, and strategies for their respective 
 97.17  landscapes; and 
 97.18     (4) the council will establish time lines for additional 
 97.19  regional landscape committees and activities as staffing and 
 97.20  funding allow by June 30, 2002, all remaining landscape regions 
 97.21  must complete assessments and by June 30, 2003, desired future 
 97.22  outcomes and strategies for all remaining regions except the 
 97.23  metropolitan and prairie regions. 
 97.24     Sec. 60.  Minnesota Statutes 2000, section 89A.08, 
 97.25  subdivision 4, is amended to read: 
 97.26     Subd. 4.  [RESEARCH DELIVERY.] Subject to the availability 
 97.27  of appropriations, the council shall fund forest research based 
 97.28  on the priority forest resources research activities 
 97.29  identified in by the advisory committee under subdivision 3,.  
 97.30  The advisory committee shall promote these findings on priority 
 97.31  research needs and the dissemination of disseminate the research 
 97.32  findings to the research community, forest managers and users, 
 97.33  and the public. 
 97.34     Sec. 61.  Minnesota Statutes 2000, section 93.002, 
 97.35  subdivision 1, is amended to read: 
 97.36     Subdivision 1.  [ESTABLISHMENT.] The mineral coordinating 
 98.1   committee is established to plan for diversified mineral 
 98.2   development.  The mineral coordinating committee consists of the 
 98.3   director of the minerals division of the department of natural 
 98.4   resources, the deputy commissioner of the Minnesota pollution 
 98.5   control agency, the director of United Steelworkers of America, 
 98.6   district 11, or the director's designee, the commissioner of the 
 98.7   iron range resources and rehabilitation board, the director of 
 98.8   the Minnesota geological survey, the dean of the University of 
 98.9   Minnesota institute of technology, the director of the natural 
 98.10  resources research institute, and three individuals appointed by 
 98.11  the governor for a four-year term, one each representing the 
 98.12  iron ore and taconite, the nonferrous metallic minerals, and the 
 98.13  industrial minerals industries within the state.  The director 
 98.14  of the minerals division of the department of natural resources 
 98.15  shall serve as chair.  A member of the committee may designate 
 98.16  another person of the member's organization to act in the 
 98.17  member's place.  The commissioner of natural resources shall 
 98.18  provide staff and administrative services necessary for the 
 98.19  committee's activities.  Notwithstanding section 15.059, 
 98.20  subdivision 5, or other law to the contrary, the committee 
 98.21  expires June 30, 2003. 
 98.22     The mineral coordinating committee is encouraged to solicit 
 98.23  and receive advice from representatives of the United States 
 98.24  Geological Survey and the United States Environmental Protection 
 98.25  Agency. 
 98.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 98.27  following final enactment.  
 98.28     Sec. 62.  Minnesota Statutes 2000, section 97A.045, 
 98.29  subdivision 7, is amended to read: 
 98.30     Subd. 7.  [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 
 98.31  (a) The commissioner shall encourage the purchase of: 
 98.32     (1) Minnesota migratory waterfowl stamps by nonhunters 
 98.33  interested in migratory waterfowl preservation and habitat 
 98.34  development; 
 98.35     (2) pheasant stamps by persons interested in pheasant 
 98.36  habitat improvement; 
 99.1      (3) trout and salmon stamps by persons interested in trout 
 99.2   and salmon stream and lake improvement; and 
 99.3      (4) turkey stamps by persons interested in wild turkey 
 99.4   management and habitat improvement.  
 99.5      (b) The commissioner shall make rules governing contests 
 99.6   for selecting a design for each stamp, including those stamps 
 99.7   not required to be in possession while taking game or fish. 
 99.8      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
 99.9      Sec. 63.  Minnesota Statutes 2000, section 97A.055, 
 99.10  subdivision 4a, is amended to read: 
 99.11     Subd. 4a.  [CITIZEN OVERSIGHT COMMITTEES.] (a) The 
 99.12  commissioner shall appoint committees of affected persons to 
 99.13  review the reports prepared under subdivision 4 and other 
 99.14  relevant information and make recommendations to the legislature 
 99.15  and the commissioner for improvements in the management and use 
 99.16  of money in the game and fish fund. 
 99.17     (b) The commissioner shall appoint the following committees:
 99.18     (1) a committee to review the annual game and fish fund 
 99.19  report and address general game and fish fund issues; 
 99.20     (2) a committee to address funding issues related to 
 99.21  fishing; 
 99.22     (3) a committee to review the report on the small game 
 99.23  license surcharge and the report required in subdivision 4, 
 99.24  paragraph (a), clause (2), and address funding issues related to 
 99.25  hunting; 
 99.26     (4) a committee to review the trout and salmon stamp report 
 99.27  and address funding issues related to trout and salmon; 
 99.28     (5) a committee to review the report on the migratory 
 99.29  waterfowl stamp and address funding issues related to migratory 
 99.30  waterfowl; 
 99.31     (6) a committee to review the report on the pheasant stamp 
 99.32  and address funding issues related to pheasants; and 
 99.33     (7) a committee to review the report on the turkey stamp 
 99.34  and address funding issues related to wild turkeys. 
 99.35     (c) The committees must make recommendations to the 
 99.36  commissioner for outcome goals from expenditures. 
100.1      (d) Notwithstanding section 15.059, subdivision 5, or other 
100.2   law to the contrary, the committees do not expire until June 30, 
100.3   2003. 
100.4      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
100.5   following final enactment.  
100.6      Sec. 64.  Minnesota Statutes 2000, section 97A.405, 
100.7   subdivision 2, is amended to read: 
100.8      Subd. 2.  [PERSONAL POSSESSION.] (a) A person acting under 
100.9   a license or traveling from an area where a licensed activity 
100.10  was performed must have in personal possession either:  (1) the 
100.11  proper license, if the license has been issued to and received 
100.12  by the person; or (2) the proper license identification number 
100.13  or stamp validation, if the license has been sold to the person 
100.14  by electronic means but the actual license has not been issued 
100.15  and received. 
100.16     (b) If possession of a license or a license identification 
100.17  number is required, a person must exhibit, as requested by a 
100.18  conservation officer or peace officer, either:  (1) the proper 
100.19  license if the license has been issued to and received by the 
100.20  person; or (2) the proper license identification number or stamp 
100.21  validation and a valid state driver's license, state 
100.22  identification card, or other form of identification provided by 
100.23  the commissioner, if the license has been sold to the person by 
100.24  electronic means but the actual license has not been issued and 
100.25  received.  
100.26     (c) If the actual license has been issued and received, a 
100.27  receipt for license fees, a copy of a license, or evidence 
100.28  showing the issuance of a license, including the license 
100.29  identification number or stamp validation, does not entitle a 
100.30  licensee to exercise the rights or privileges conferred by a 
100.31  license.  
100.32     (d) A license or stamp issued electronically and not 
100.33  immediately provided to the licensee shall be mailed to the 
100.34  licensee within 30 days of purchase of the license or stamp 
100.35  validation, except for a pictorial turkey stamp or a pictorial 
100.36  trout and salmon stamp.  A pictorial turkey stamp or a pictorial 
101.1   trout and salmon stamp shall be mailed to the licensee after 
101.2   purchase of a license or stamp validation only if the licensee 
101.3   pays an additional $2 fee. 
101.4      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
101.5      Sec. 65.  Minnesota Statutes 2000, section 97A.411, 
101.6   subdivision 2, is amended to read: 
101.7      Subd. 2.  [SIGNATURE ON STAMPS.] A migratory waterfowl or 
101.8   pheasant stamp issued under the game and fish laws must be 
101.9   signed by the licensee across the front of the stamp to be valid.
101.10     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
101.11     Sec. 66.  Minnesota Statutes 2000, section 97A.473, 
101.12  subdivision 2, is amended to read: 
101.13     Subd. 2.  [LIFETIME ANGLING LICENSE; FEE.] (a) A resident 
101.14  lifetime angling license authorizes a person to take fish by 
101.15  angling in the state.  The license authorizes those activities 
101.16  authorized by the annual resident angling license.  The license 
101.17  does not include a trout and salmon stamp validation or other 
101.18  stamps required by law.  
101.19     (b) The fees for a resident lifetime angling license are: 
101.20     (1) age 3 and under, $227; 
101.21     (2) age 4 to age 15, $300; 
101.22     (3) age 16 to age 50, $383; and 
101.23     (4) age 51 and over, $203. 
101.24     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
101.25     Sec. 67.  Minnesota Statutes 2000, section 97A.473, 
101.26  subdivision 3, is amended to read: 
101.27     Subd. 3.  [LIFETIME SMALL GAME HUNTING LICENSE; FEE.] (a) A 
101.28  resident lifetime small game hunting license authorizes a person 
101.29  to hunt small game in the state.  The license authorizes those 
101.30  hunting activities authorized by the annual resident small game 
101.31  hunting license.  The license does not include a turkey stamp 
101.32  validation or any of the other hunting stamps required by law. 
101.33     (b) The fees for a resident lifetime small game hunting 
101.34  license are: 
101.35     (1) age 3 and under, $217; 
101.36     (2) age 4 to age 15, $290; 
102.1      (3) age 16 to age 50, $363; and 
102.2      (4) age 51 and over, $213. 
102.3      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
102.4      Sec. 68.  Minnesota Statutes 2000, section 97A.473, 
102.5   subdivision 5, is amended to read: 
102.6      Subd. 5.  [LIFETIME SPORTING LICENSE; FEE.] (a) A resident 
102.7   lifetime sporting license authorizes a person to take fish by 
102.8   angling and hunt small game in the state.  The license 
102.9   authorizes those activities authorized by the annual resident 
102.10  angling and resident small game hunting licenses.  The license 
102.11  does not include a trout and salmon stamp validation, a turkey 
102.12  stamp validation, or any of the other hunting stamps required by 
102.13  law.  
102.14     (b) The fees for a resident lifetime sporting license are: 
102.15     (1) age 3 and under, $357; 
102.16     (2) age 4 to age 15, $480; 
102.17     (3) age 16 to age 50, $613; and 
102.18     (4) age 51 and over, $413. 
102.19     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
102.20     Sec. 69.  Minnesota Statutes 2000, section 97A.474, 
102.21  subdivision 2, is amended to read: 
102.22     Subd. 2.  [NONRESIDENT LIFETIME ANGLING LICENSE; FEE.] (a) 
102.23  A nonresident lifetime angling license authorizes a person to 
102.24  take fish by angling in the state.  The license authorizes those 
102.25  activities authorized by the annual nonresident angling 
102.26  license.  The license does not include a trout and salmon stamp 
102.27  validation or other stamps required by law. 
102.28     (b) The fees for a nonresident lifetime angling license are:
102.29     (1) age 3 and under, $447; 
102.30     (2) age 4 to age 15, $600; 
102.31     (3) age 16 to age 50, $773; and 
102.32     (4) age 51 and over, $513. 
102.33     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
102.34     Sec. 70.  Minnesota Statutes 2000, section 97A.474, 
102.35  subdivision 3, is amended to read: 
102.36     Subd. 3.  [NONRESIDENT LIFETIME SMALL GAME HUNTING LICENSE; 
103.1   FEE.] (a) A nonresident lifetime small game hunting license 
103.2   authorizes a person to hunt small game in the state.  The 
103.3   license authorizes those hunting activities authorized by the 
103.4   annual nonresident small game hunting license.  The license does 
103.5   not include a turkey stamp validation or any of the other 
103.6   hunting stamps required by law.  
103.7      (b) The fees for a nonresident lifetime small game hunting 
103.8   license are: 
103.9      (1) age 3 and under, $947; 
103.10     (2) age 4 to age 15, $1,280; 
103.11     (3) age 16 to age 50, $1,633; and 
103.12     (4) age 51 and over, $1,083. 
103.13     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
103.14     Sec. 71.  Minnesota Statutes 2000, section 97A.475, 
103.15  subdivision 5, is amended to read: 
103.16     Subd. 5.  [HUNTING STAMPS.] Fees for the following stamps 
103.17  and stamp validations are: 
103.18     (1) migratory waterfowl stamp, $5; 
103.19     (2) pheasant stamp, $5; and 
103.20     (3) turkey stamp validation, $5.  
103.21     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
103.22     Sec. 72.  Minnesota Statutes 2000, section 97A.475, 
103.23  subdivision 10, is amended to read: 
103.24     Subd. 10.  [TROUT AND SALMON STAMP VALIDATION.] The fee for 
103.25  a trout and salmon stamp validation is $8.50.  
103.26     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
103.27     Sec. 73.  Minnesota Statutes 2000, section 97A.485, 
103.28  subdivision 6, is amended to read: 
103.29     Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
103.30  Persons authorized to sell licenses under this section must sell 
103.31  the following licenses for the license fee and the following 
103.32  issuing fees:  
103.33     (1) to take deer or bear with firearms and by archery, the 
103.34  issuing fee is $1; 
103.35     (2) Minnesota sporting, the issuing fee is $1; and 
103.36     (3) to take small game, for a person under age 65 to take 
104.1   fish by angling or for a person of any age to take fish by 
104.2   spearing, and to trap fur-bearing animals, the issuing fee is 
104.3   $1; 
104.4      (4) for a trout and salmon stamp that is not issued 
104.5   simultaneously with an angling or sporting license, an issuing 
104.6   fee of 50 cents may be charged at the discretion of the 
104.7   authorized seller; and 
104.8      (5) for stamps other than a trout and salmon stamp, and for 
104.9   a special season Canada goose license, there is no fee. 
104.10     (b) An issuing fee may not be collected for issuance of a 
104.11  trout and salmon stamp if a stamp validation is issued 
104.12  simultaneously with the related angling or sporting license.  
104.13  Only one issuing fee may be collected when selling more than one 
104.14  trout and salmon stamp in the same transaction after the end of 
104.15  the season for which the stamp was issued. 
104.16     (c) The auditor or subagent shall keep the issuing fee as a 
104.17  commission for selling the licenses.  
104.18     (d) The commissioner shall collect the issuing fee on 
104.19  licenses sold by the commissioner. 
104.20     (e) A license, except stamps, must state the amount of the 
104.21  issuing fee and that the issuing fee is kept by the seller as a 
104.22  commission for selling the licenses. 
104.23     (f) For duplicate licenses, the issuing fees are: 
104.24     (1) for licenses to take big game, 75 cents; and 
104.25     (2) for other licenses, 50 cents. 
104.26     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
104.27     Sec. 74.  Minnesota Statutes 2000, section 97B.721, is 
104.28  amended to read: 
104.29     97B.721 [LICENSE AND STAMP VALIDATION REQUIRED TO TAKE 
104.30  TURKEY; TAGGING AND REGISTRATION REQUIREMENTS.] 
104.31     (a) Except as provided in paragraph (b) or section 97A.405, 
104.32  subdivision 2, a person may not take a turkey without possessing 
104.33  a turkey license and: 
104.34     (1) a turkey stamp in possession; and 
104.35     (2) a turkey stamp validation on the turkey license when 
104.36  issued electronically. 
105.1      (b) The requirement in paragraph (a) to possess have a 
105.2   turkey stamp or a license validation does not apply to persons 
105.3   under age 18. 
105.4      (c) The commissioner may by rule prescribe requirements for 
105.5   the tagging and registration of turkeys. 
105.6      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
105.7      Sec. 75.  Minnesota Statutes 2000, section 97C.305, is 
105.8   amended to read: 
105.9      97C.305 [TROUT AND SALMON STAMP VALIDATION.] 
105.10     Subdivision 1.  [REQUIREMENT.] Except as provided in 
105.11  subdivision 2 or section 97A.405, subdivision 2, a person over 
105.12  age 16 and under age 65 required to possess an angling license 
105.13  must have a trout and salmon stamp in possession and a trout 
105.14  stamp validation on the angling license when issued 
105.15  electronically to: 
105.16     (1) take fish by angling in: 
105.17     (i) a stream designated by the commissioner as a trout 
105.18  stream; 
105.19     (ii) a lake designated by the commissioner as a trout lake; 
105.20  or 
105.21     (iii) Lake Superior; or 
105.22     (2) possess trout or salmon taken in the state by angling. 
105.23     Subd. 2.  [EXCEPTION.] A trout and salmon stamp validation 
105.24  is not required to take fish by angling or to possess trout and 
105.25  salmon if:  
105.26     (1) the person: 
105.27     (i) possesses a license to take fish by angling for a 
105.28  period of 24 hours from the time of issuance under section 
105.29  97A.475, subdivision 6, clause (5), or subdivision 7, clause 
105.30  (5), and 
105.31     (ii) is taking fish by angling, or the trout or salmon were 
105.32  taken by the person, during the period the license is valid; or 
105.33     (2) the person is taking fish, or the trout or salmon were 
105.34  taken by the person, as authorized under section 97C.035. 
105.35     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2002.  
105.36     Sec. 76.  [103G.651] [PROHIBITION ON SUNKEN LOG RECOVERY.] 
106.1      A person may not remove sunken logs from inland waters of 
106.2   this state for commercial purposes.  For purposes of this 
106.3   section, "inland waters" means navigable bodies of water within 
106.4   the boundaries of this state, excluding boundary lakes and 
106.5   boundary waters. 
106.6      Sec. 77.  Minnesota Statutes 2000, section 115.03, is 
106.7   amended by adding a subdivision to read: 
106.8      Subd. 8a.  [PERMIT DURATION FOR MAJOR ABOVEGROUND STORAGE 
106.9   FACILITIES.] Agency permits for major aboveground storage 
106.10  facilities may be issued for a term of up to ten years. 
106.11     Sec. 78.  Minnesota Statutes 2000, section 115.55, 
106.12  subdivision 3, is amended to read: 
106.13     Subd. 3.  [RULES.] (a) The agency shall adopt rules 
106.14  containing minimum standards and criteria for the design, 
106.15  location, installation, use, and maintenance of individual 
106.16  sewage treatment systems.  The rules must include: 
106.17     (1) how the agency will ensure compliance under subdivision 
106.18  2; 
106.19     (2) how local units of government shall enforce ordinances 
106.20  under subdivision 2, including requirements for permits and 
106.21  inspection programs; 
106.22     (3) how the advisory committee will participate in review 
106.23  and implementation of the rules; 
106.24     (4) provisions for alternative systems; 
106.25     (5) provisions for handling and disposal of effluent; 
106.26     (6) provisions for system abandonment; and 
106.27     (7) procedures for the commissioner to approve new 
106.28  individual sewage treatment system technologies; and 
106.29     (8) procedures for variances, including the consideration 
106.30  of variances based on cost and variances that take into account 
106.31  proximity of a system to other systems. 
106.32     (b) The agency shall consult with the advisory committee 
106.33  before adopting rules under this subdivision. 
106.34     (c) Notwithstanding the repeal of the agency rule under 
106.35  which the commissioner has established a warranty list of 
106.36  individual sewage treatment systems, the warranties for all 
107.1   systems so listed as of the effective date of the repeal shall 
107.2   continue to be valid for the remainder of the warranty period. 
107.3      Sec. 79.  Minnesota Statutes 2000, section 115A.0716, is 
107.4   amended by adding a subdivision to read: 
107.5      Subd. 3.  [REVOLVING ACCOUNT.] An environmental assistance 
107.6   revolving account is established in the environmental fund.  All 
107.7   repayments of loans awarded under this subdivision, including 
107.8   principal and interest, must be deposited into the account.  
107.9   Money in the account is annually appropriated to the director 
107.10  for loans for purposes identified in subdivisions 1 and 2. 
107.11     Sec. 80.  Minnesota Statutes 2000, section 115A.54, 
107.12  subdivision 2a, is amended to read: 
107.13     Subd. 2a.  [SOLID WASTE MANAGEMENT PROJECTS.] (a) The 
107.14  director shall provide technical and financial assistance for 
107.15  the acquisition and betterment of solid waste management 
107.16  projects as provided in this subdivision and section 115A.52.  
107.17  Money appropriated for the purposes of this subdivision must be 
107.18  distributed as grants. 
107.19     (b) Except as provided in paragraph (c), a project may 
107.20  receive grant assistance up to 25 percent of the capital cost of 
107.21  the project or $2,000,000, whichever is less, except that 
107.22  projects constructed as a result of intercounty cooperative 
107.23  agreements may receive (1) grant assistance up to 25 percent of 
107.24  the capital cost of the project; or (2) $2,000,000 times the 
107.25  number of participating counties, whichever is less.  
107.26     (c) A recycling project or a project to compost or 
107.27  cocompost waste may receive grant assistance up to 50 percent of 
107.28  the capital cost of the project or $2,000,000, whichever is 
107.29  less, except that projects completed as a result of intercounty 
107.30  cooperative agreements may receive (1) grant assistance up to 50 
107.31  percent of the capital cost of the project; or (2) $2,000,000 
107.32  times the number of participating counties, whichever is less.  
107.33  The following projects may also receive grant assistance in the 
107.34  amounts specified in this paragraph: 
107.35     (1) a project to improve control of or reduce air emissions 
107.36  at an existing resource recovery facility; and 
108.1      (2) a project to substantially increase the recovery of 
108.2   materials or energy, substantially reduce the amount or toxicity 
108.3   of waste processing residuals, or expand the capacity of an 
108.4   existing resource recovery facility to meet the resource 
108.5   recovery needs of an expanded region if each county from which 
108.6   waste is or would be received has achieved a recycling rate in 
108.7   excess of the goals in section 115A.551, and is implementing 
108.8   aggressive waste reduction and household hazardous waste 
108.9   management programs. 
108.10     (d) Notwithstanding paragraph (e), the director may award 
108.11  grants for transfer stations that will initially transfer waste 
108.12  to landfills if the transfer stations are part of a planned 
108.13  resource recovery project, the county where the planned resource 
108.14  recovery facility will be located has a comprehensive solid 
108.15  waste management plan approved by the director, and the solid 
108.16  waste management plan proposes the development of the resource 
108.17  recovery facility.  If the proposed resource recovery facility 
108.18  is not in place and operating within 12 16 years of the date of 
108.19  the grant award, the recipient shall repay the grant amount to 
108.20  the state. 
108.21     (e) Projects without resource recovery are not eligible for 
108.22  assistance. 
108.23     (f) In addition to any assistance received under paragraph 
108.24  (b) or (c), a project may receive grant assistance for the cost 
108.25  of tests necessary to determine the appropriate pollution 
108.26  control equipment for the project or the environmental effects 
108.27  of the use of any product or material produced by the project. 
108.28     (g) In addition to the application requirements of section 
108.29  115A.51, an application for a project serving eligible 
108.30  jurisdictions in only a single county must demonstrate that 
108.31  cooperation with jurisdictions in other counties to develop the 
108.32  project is not needed or not feasible.  Each application must 
108.33  also demonstrate that the project is not financially prudent 
108.34  without the state assistance, because of the applicant's 
108.35  financial capacity and the problems inherent in the waste 
108.36  management situation in the area, particularly transportation 
109.1   distances and limited waste supply and markets for resources 
109.2   recovered.  
109.3      (h) For the purposes of this subdivision, a "project" means 
109.4   a processing facility, together with any transfer stations, 
109.5   transmission facilities, and other related and appurtenant 
109.6   facilities primarily serving the processing facility.  The 
109.7   director shall adopt rules for the program by July 1, 1985. 
109.8      (i) Notwithstanding anything in this subdivision to the 
109.9   contrary, a project to construct a new mixed municipal solid 
109.10  waste transfer station that has an enforceable commitment of at 
109.11  least ten years, or of sufficient length to retire bonds sold 
109.12  for the facility, to serve an existing resource recovery 
109.13  facility may receive grant assistance up to 75 percent of the 
109.14  capital cost of the project if addition of the transfer station 
109.15  will increase substantially the geographical area served by the 
109.16  resource recovery facility and the ability of the resource 
109.17  recovery facility to operate more efficiently on a regional 
109.18  basis and the facility meets the criteria in paragraph (c), the 
109.19  second clause (2).  A transfer station eligible for assistance 
109.20  under this paragraph is not eligible for assistance under any 
109.21  other paragraph of this subdivision. 
109.22     Sec. 81.  Minnesota Statutes 2000, section 115A.912, 
109.23  subdivision 1, is amended to read: 
109.24     Subdivision 1.  [PURPOSE.] Money appropriated to the agency 
109.25  for waste tire management may be spent for elimination of health 
109.26  and safety hazards of tire dumps and collection sites, tire dump 
109.27  abatement, collection, management and clean up of waste tires, 
109.28  regulation of permitted waste tire facilities, research and 
109.29  studies to determine the technical and economic feasibility of 
109.30  uses for tire derived products, public education on waste tire 
109.31  management, and grants and loans under section 115A.913. 
109.32     Sec. 82.  Minnesota Statutes 2000, section 115A.914, 
109.33  subdivision 2, is amended to read: 
109.34     Subd. 2.  [AGENCY RULES.] The agency shall adopt rules for 
109.35  administration of waste tire collector and processor 
109.36  permits, waste tire nuisance abatement, and waste tire 
110.1   collection.  
110.2      Sec. 83.  Minnesota Statutes 2000, section 115B.49, 
110.3   subdivision 4a, is amended to read: 
110.4      Subd. 4a.  [INTERIM FEES.] For the period from July 1, 1999 
110.5   2001, to June 30, 2001 2003, the commissioner shall, after a 
110.6   public hearing, but notwithstanding section 16A.1285, 
110.7   subdivision 4, annually adjust the fees in subdivision 4 as 
110.8   necessary to maintain an annual income of $650,000.  This income 
110.9   amount supersedes the amount described in Minnesota Statutes 
110.10  1998, section 115B.49, subdivision 4, paragraph (c), clause (3), 
110.11  that is in effect until July 1, 2001. 
110.12     Sec. 84.  Minnesota Statutes 2000, section 115C.07, 
110.13  subdivision 3, is amended to read: 
110.14     Subd. 3.  [RULES.] (a) The board shall adopt rules 
110.15  regarding its practices and procedures, the form and procedure 
110.16  for applications for compensation from the fund, procedures for 
110.17  investigation of claims and specifying the costs that are 
110.18  eligible for reimbursement from the fund.  
110.19     (b) By January 1, 1994, the board shall publish proposed 
110.20  rules establishing a fee schedule of costs or criteria for 
110.21  evaluating the reasonableness of costs submitted for 
110.22  reimbursement.  The board shall adopt the rules by June 1, 1994. 
110.23     (c) The board may adopt rules requiring certification of 
110.24  environmental consultants. 
110.25     (d) (c) The board may adopt other rules necessary to 
110.26  implement this chapter. 
110.27     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
110.28  following final enactment and applies to applications received 
110.29  on or after the day following final enactment. 
110.30     Sec. 85.  Minnesota Statutes 2000, section 115C.09, 
110.31  subdivision 1, is amended to read: 
110.32     Subdivision 1.  [REIMBURSABLE COSTS.] (a) The board shall 
110.33  provide reimbursement to eligible applicants for reimbursable 
110.34  costs.  
110.35     (b) The following costs are reimbursable for purposes of 
110.36  this chapter:  
111.1      (1) corrective action costs incurred by the applicant and 
111.2   documented in a form prescribed by the board, except the costs 
111.3   related to the physical removal of a tank; and 
111.4      (2) costs that the responsible person is legally obligated 
111.5   to pay as damages to third parties for bodily injury, property 
111.6   damage, or corrective action costs incurred by a third party 
111.7   caused by a release where the responsible person's liability for 
111.8   the costs has been established by a court order or 
111.9   court-approved settlement;. 
111.10     (3) up to 180 days worth of interest costs associated with 
111.11  the financing of corrective action and incurred by the applicant 
111.12  in a written financing contract signed by the applicant and 
111.13  executed after May 25, 1991.  Interest costs are not eligible 
111.14  for reimbursement to the extent they exceed two percentage 
111.15  points above the adjusted prime rate charged by banks, as 
111.16  defined in section 270.75, subdivision 5, at the time the 
111.17  financing contract was executed; and 
111.18     (4) preremoval site assessment costs incurred by the 
111.19  applicant and eligible for reimbursement under section 115C.092. 
111.20     (c) A cost for liability to a third party is incurred by 
111.21  the responsible person when an order or court-approved 
111.22  settlement is entered that sets forth the specific costs 
111.23  attributed to the liability.  Except as provided in this 
111.24  paragraph, reimbursement may not be made for costs of liability 
111.25  to third parties until all eligible corrective action costs have 
111.26  been reimbursed.  If a corrective action is expected to continue 
111.27  in operation for more than one year after it has been fully 
111.28  constructed or installed, the board may estimate the future 
111.29  expense of completing the corrective action and, after 
111.30  subtracting this estimate from the total reimbursement available 
111.31  under subdivision 3, reimburse the costs for liability to third 
111.32  parties.  The total reimbursement may not exceed the limit set 
111.33  forth in subdivision 3. 
111.34     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
111.35  following final enactment and applies to applications received 
111.36  on or after the day following final enactment. 
112.1      Sec. 86.  Minnesota Statutes 2000, section 115C.09, 
112.2   subdivision 2a, is amended to read: 
112.3      Subd. 2a.  [APPLICATION FOR REIMBURSEMENT.] (a) The board 
112.4   may consider Applications for reimbursement may be submitted for 
112.5   consideration by the board at the following stages:  
112.6      (1) after the commissioner approves corrective actions 
112.7   related to soil excavation and treatment or after the 
112.8   commissioner determines that further soil excavation and 
112.9   treatment should not be done. costs have been incurred, and the 
112.10  associated tasks completed, for excavation basin soil sampling, 
112.11  excavation of contaminated soil, treatment of contaminated soil, 
112.12  or remedial investigation costs tasks such as soil borings 
112.13  boring drilling, monitoring wells well installation, vapor risk 
112.14  assessment, and well searches are reimbursable at this stage, 
112.15  but groundwater receptor survey; corrective action costs 
112.16  relating to the construction and installation of a comprehensive 
112.17  corrective action design system are not reimbursable at this 
112.18  stage; and 
112.19     (2) after costs have been incurred, and the associated 
112.20  tasks completed, for tasks related to the construction and 
112.21  installation of a comprehensive corrective action design system, 
112.22  but only if the commissioner approves has approved a 
112.23  comprehensive plan for corrective action that will adequately 
112.24  address the entire release, including groundwater contamination 
112.25  if necessary, for corrective action costs related to the 
112.26  construction and installation of a comprehensive corrective 
112.27  action design system.  
112.28     (b) An applicant shall not submit an application for 
112.29  reimbursement more frequently than four times per 12-month 
112.30  period unless the application is for more than $2,000 in 
112.31  reimbursement. 
112.32     (b) (c) The commissioner shall review a plan, and provide 
112.33  an approval or disapproval to the applicant and the board, 
112.34  within 60 days in the case of a plan submitted under paragraph 
112.35  (a), clause (1), and within 120 days in the case of a plan 
112.36  submitted under paragraph (a), clause (2), or the commissioner 
113.1   shall explain to the board why additional time is necessary.  
113.2   The board shall consider a complete initial application within 
113.3   60 days of its submission of the application under paragraph 
113.4   (a), clause (1), and shall consider a complete supplemental 
113.5   application within 120 days of its submission of the application 
113.6   under paragraph (a), clause (2), or the board shall explain for 
113.7   the record why additional time is necessary.  For purposes of 
113.8   the preceding sentence, board consideration of an application is 
113.9   timely if it occurs at the regularly scheduled meeting following 
113.10  the deadline.  Board staff may review applications submitted to 
113.11  the board at the same time the commissioner considers the 
113.12  appropriateness of the corrective action, but the board may not 
113.13  act on the application until after the commissioner's approval 
113.14  is received. 
113.15     (c) (d) A reimbursement may not be made unless the board 
113.16  determines that the commissioner has determined that the 
113.17  corrective action was appropriate in terms of protecting public 
113.18  health, welfare, and the environment. 
113.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
113.20  following final enactment and applies to applications received 
113.21  on or after the day following final enactment. 
113.22     Sec. 87.  Minnesota Statutes 2000, section 115C.09, 
113.23  subdivision 3, is amended to read: 
113.24     Subd. 3.  [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 
113.25  The board shall reimburse an eligible applicant from the fund in 
113.26  the following amounts: for 90 percent of the total reimbursable 
113.27  costs incurred at the site, except that the board may reimburse 
113.28  an eligible applicant from the fund for greater than 90 percent 
113.29  of the total reimbursable costs, if the applicant previously 
113.30  qualified for a higher reimbursement rate.  
113.31     (1) 90 percent of the total reimbursable costs on the first 
113.32  $250,000 and 75 percent on any remaining costs in excess of 
113.33  $250,000 on a site; 
113.34     (2) for corrective actions at a residential site used as a 
113.35  permanent residence at the time the release was discovered, 92.5 
113.36  percent of the total reimbursable costs on the first $100,000 
114.1   and 100 percent of any remaining costs in excess of $100,000; or 
114.2      (3) 90 percent of the total reimbursable costs on the first 
114.3   $250,000 and 100 percent of the cumulative total reimbursable 
114.4   costs in excess of $250,000 at all sites in which the 
114.5   responsible person had interest, and for which the commissioner 
114.6   has not issued a closure letter as of April 3, 1996, if the 
114.7   responsible person dispensed less than 1,000,000 gallons of 
114.8   petroleum at each location in each of the last three calendar 
114.9   years that the responsible person dispensed petroleum at the 
114.10  location and: 
114.11     (i) has owned no more than three locations in the state at 
114.12  which motor fuel was dispensed into motor vehicles and has 
114.13  discontinued operation of all petroleum retail operations; or 
114.14     (ii) has owned no more than one location in the state at 
114.15  which motor fuel was dispensed into motor vehicles.  Not more 
114.16  than $1,000,000 may be reimbursed for costs associated with a 
114.17  single release, regardless of the number of persons eligible for 
114.18  reimbursement, and not more than $2,000,000 may be reimbursed 
114.19  for costs associated with a single tank facility. 
114.20     (b) A reimbursement may not be made from the fund under 
114.21  this chapter until the board has determined that the costs for 
114.22  which reimbursement is requested were actually incurred and were 
114.23  reasonable. 
114.24     (c) When an applicant has obtained responsible competitive 
114.25  bids or proposals according to rules promulgated under this 
114.26  chapter prior to June 1, 1995, the eligible costs for the tasks, 
114.27  procedures, services, materials, equipment, and tests of the low 
114.28  bid or proposal are presumed to be reasonable by the board, 
114.29  unless the costs of the low bid or proposal are substantially in 
114.30  excess of the average costs charged for similar tasks, 
114.31  procedures, services, materials, equipment, and tests in the 
114.32  same geographical area during the same time period. 
114.33     (d) When an applicant has obtained a minimum of two 
114.34  responsible competitive bids or proposals on forms prescribed by 
114.35  the board and where the rules promulgated under this chapter 
114.36  after June 1, 1995, designate maximum costs for specific tasks, 
115.1   procedures, services, materials, equipment and tests, the 
115.2   eligible costs of the low bid or proposal are deemed reasonable 
115.3   if the costs are at or below the maximums set forth in the rules.
115.4      (e) Costs incurred for change orders executed as prescribed 
115.5   in rules promulgated under this chapter after June 1, 1995, are 
115.6   presumed reasonable if the costs are at or below the maximums 
115.7   set forth in the rules, unless the costs in the change order are 
115.8   above those in the original bid or proposal or are 
115.9   unsubstantiated and inconsistent with the process and standards 
115.10  required by the rules. 
115.11     (f) A reimbursement may not be made from the fund in 
115.12  response to either an initial or supplemental application for 
115.13  costs incurred after June 4, 1987, that are payable under an 
115.14  applicable insurance policy, except that if the board finds that 
115.15  the applicant has made reasonable efforts to collect from an 
115.16  insurer and failed, the board shall reimburse the applicant. 
115.17     (g) If the board reimburses an applicant for costs for 
115.18  which the applicant has insurance coverage, the board is 
115.19  subrogated to the rights of the applicant with respect to that 
115.20  insurance coverage, to the extent of the reimbursement by the 
115.21  board.  The board may request the attorney general to bring an 
115.22  action in district court against the insurer to enforce the 
115.23  board's subrogation rights.  Acceptance by an applicant of 
115.24  reimbursement constitutes an assignment by the applicant to the 
115.25  board of any rights of the applicant with respect to any 
115.26  insurance coverage applicable to the costs that are reimbursed.  
115.27  Notwithstanding this paragraph, the board may instead request a 
115.28  return of the reimbursement under subdivision 5 and may employ 
115.29  against the applicant the remedies provided in that subdivision, 
115.30  except where the board has knowingly provided reimbursement 
115.31  because the applicant was denied coverage by the insurer. 
115.32     (h) Money in the fund is appropriated to the board to make 
115.33  reimbursements under this chapter.  A reimbursement to a state 
115.34  agency must be credited to the appropriation account or accounts 
115.35  from which the reimbursed costs were paid. 
115.36     (i) The board may reduce the amount of reimbursement to be 
116.1   made under this chapter if it finds that the applicant has not 
116.2   complied with a provision of this chapter, a rule or order 
116.3   issued under this chapter, or one or more of the following 
116.4   requirements: 
116.5      (1) the agency was given notice of the release as required 
116.6   by section 115.061; 
116.7      (2) the applicant, to the extent possible, fully cooperated 
116.8   with the agency in responding to the release; 
116.9      (3) the state rules applicable after December 22, 1993, to 
116.10  operating an underground storage tank and appurtenances without 
116.11  leak detection; 
116.12     (4) the state rules applicable after December 22, 1998, to 
116.13  operating an underground storage tank and appurtenances without 
116.14  corrosion protection or spill and overfill protection; and 
116.15     (5) the state rule applicable after November 1, 1998, to 
116.16  operating an aboveground tank without a dike or other structure 
116.17  that would contain a spill at the aboveground tank site. 
116.18     (j) The reimbursement may be reduced as much as 100 percent 
116.19  for failure by the applicant to comply with the requirements in 
116.20  paragraph (i), clauses (1) to (5).  In determining the amount of 
116.21  the reimbursement reduction, the board shall consider: 
116.22     (1) the reasonable determination by the agency that the 
116.23  noncompliance poses a threat to the environment; 
116.24     (2) whether the noncompliance was negligent, knowing, or 
116.25  willful; 
116.26     (3) the deterrent effect of the award reduction on other 
116.27  tank owners and operators; 
116.28     (4) the amount of reimbursement reduction recommended by 
116.29  the commissioner; and 
116.30     (5) the documentation of noncompliance provided by the 
116.31  commissioner. 
116.32     (k) An applicant may assign the right to receive 
116.33  reimbursement to each lender who advanced funds to pay the costs 
116.34  of the corrective action or to each contractor or consultant who 
116.35  provided corrective action services.  An assignment must be made 
116.36  by filing with the board a document, in a form prescribed by the 
117.1   board, indicating the identity of the applicant, the identity of 
117.2   the assignee, the dollar amount of the assignment, and the 
117.3   location of the corrective action.  An assignment signed by the 
117.4   applicant is valid unless terminated by filing a termination 
117.5   with the board, in a form prescribed by the board, which must 
117.6   include the written concurrence of the assignee.  The board 
117.7   shall maintain an index of assignments filed under this 
117.8   paragraph.  The board shall pay the reimbursement to the 
117.9   applicant and to one or more assignees by a multiparty check.  
117.10  The board has no liability to an applicant for a payment under 
117.11  an assignment meeting the requirements of this paragraph. 
117.12     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
117.13  following final enactment and applies to applications received 
117.14  on or after the day following final enactment. 
117.15     Sec. 88.  Minnesota Statutes 2000, section 115C.09, 
117.16  subdivision 3h, is amended to read: 
117.17     Subd. 3h.  [REIMBURSEMENT; ABOVEGROUND TANKS IN BULK 
117.18  PLANTS.] (a) As used in this subdivision, "bulk plant" means an 
117.19  aboveground or underground tank facility with a storage capacity 
117.20  of more than 1,100 gallons but less than 1,000,000 gallons that 
117.21  is used to dispense petroleum into cargo tanks for 
117.22  transportation and sale at another location. 
117.23     (b) Notwithstanding any other provision in this chapter and 
117.24  any rules adopted pursuant to this chapter, the board shall 
117.25  reimburse 90 percent of an applicant's cost for bulk plant 
117.26  upgrades or closures completed between June 1, 1998, and 
117.27  November 1, 2003, to comply with Minnesota Rules, chapter 7151, 
117.28  provided that the board determines the costs were incurred and 
117.29  reasonable.  The reimbursement may not exceed $10,000 per bulk 
117.30  plant. 
117.31     (c) For corrective action at a bulk plant located on what 
117.32  is or was railroad right-of-way, the board shall reimburse 90 
117.33  percent of total reimbursable costs on the first $40,000 of 
117.34  reimbursable costs and 100 percent of any remaining reimbursable 
117.35  costs when the applicant can document that more than one bulk 
117.36  plant was operated on the same section of right-of-way, as 
118.1   determined by the commissioner of commerce. 
118.2      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
118.3   following final enactment and applies to applications received 
118.4   on or after the day following final enactment. 
118.5      Sec. 89.  Minnesota Statutes 2000, section 115C.093, is 
118.6   amended to read: 
118.7      115C.093 [CORRECTIVE ACTION PERFORMANCE AUDITS.] 
118.8      (a) The board shall may contract for performance audits of 
118.9   corrective actions for which reimbursement is sought under 
118.10  section 115C.09, subdivision 3, paragraph (a), clause (3), and 
118.11  may contract for audits of other corrective actions.  
118.12     (b) A responsible person may request a performance audit 
118.13  under this section.  If the board denies the request, it must 
118.14  provide the requester with the reasons for the denial. 
118.15     (c) A performance audit conducted under this section must 
118.16  evaluate the adequacy of the corrective actions, the validity of 
118.17  the corrective action costs, and whether alternative methods or 
118.18  technologies could have been used to carry out the corrective 
118.19  actions at a lower cost.  The board shall report the results of 
118.20  audits conducted under this section to the chairs of the senate 
118.21  committees on environment and natural resources and commerce and 
118.22  consumer protection, the finance division of the senate 
118.23  committee on environment and natural resources, and the house of 
118.24  representatives committees on environment and natural resources, 
118.25  environment and natural resources finance, and commerce, 
118.26  tourism, and consumer affairs.  Money in the fund is 
118.27  appropriated to the board for the purposes of this section. 
118.28     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
118.29  following final enactment and applies to applications received 
118.30  on or after the day following final enactment. 
118.31     Sec. 90.  Minnesota Statutes 2000, section 115C.112, is 
118.32  amended to read: 
118.33     115C.112 [CONSULTANT AND CONTRACTOR SANCTIONS; ACTIONS 
118.34  BASED ON CONDUCT OCCURRING ON AND AFTER MARCH 14, 1996.] 
118.35     The commissioner of commerce may by order deny a 
118.36  registration, censure, suspend, or revoke a registrant and 
119.1   require payment of all costs of proceedings resulting in an 
119.2   action instituted under this section and impose a civil penalty 
119.3   of not more than $10,000 if the commissioner of commerce finds:  
119.4   (i) that the order is in the public interest; and (ii) that the 
119.5   registrant or, in the case of a registrant that is not a natural 
119.6   person, any partner, officer, or director, any person occupying 
119.7   a similar status or performing similar functions, or any person 
119.8   directly or indirectly controlling the registrant: 
119.9      (1) has engaged in conduct that departs from or fails to 
119.10  conform to the minimal standards of acceptable and prevailing 
119.11  engineering, hydrogeological, or other technical practices 
119.12  within the reasonable control of the consultant or contractor; 
119.13     (2) has participated in a kickback scheme prohibited under 
119.14  section 115C.045; 
119.15     (3) has engaged in conduct likely to deceive or defraud, or 
119.16  demonstrating a willful or careless disregard for public health 
119.17  or the environment; 
119.18     (4) has committed fraud, embezzlement, theft, forgery, 
119.19  bribery, falsified or destroyed records, made false statements, 
119.20  received stolen property, made false claims, or obstructed 
119.21  justice; 
119.22     (5) is the subject of an order revoking, suspending, 
119.23  restricting, limiting, or imposing other disciplinary action 
119.24  against the contractor's or consultant's license or 
119.25  certification in another state or jurisdiction; 
119.26     (6) if the person is a consultant, has failed to comply 
119.27  with any of the ongoing obligations for registration as a 
119.28  consultant in section 115C.11, subdivision 1; 
119.29     (7) has failed to comply with any provision or any rule or 
119.30  order under this chapter or chapter 45; 
119.31     (8) has engaged in anticompetitive activity; 
119.32     (9) has performed corrective action without having an 
119.33  accurate and complete registration on file with the board or has 
119.34  allowed another to perform corrective action when that party 
119.35  does not have a complete registration on file with the board; 
119.36     (10) has been shown to be incompetent, untrustworthy, or 
120.1   financially irresponsible; or 
120.2      (11) has made or assisted another in making any material 
120.3   misrepresentation or omission to the board, commissioner, 
120.4   commissioner of commerce, or upon reasonable request has 
120.5   withheld or concealed information from, or refused to furnish 
120.6   information to, the board, commissioner, or commissioner of 
120.7   commerce; or 
120.8      (12) has failed to reasonably supervise its employees or 
120.9   representatives to assure their compliance with this chapter and 
120.10  Minnesota Rules, chapter 2890. 
120.11     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
120.12  following final enactment and applies to applications received 
120.13  on or after the day following final enactment. 
120.14     Sec. 91.  Minnesota Statutes 2000, section 115C.13, is 
120.15  amended to read: 
120.16     115C.13 [REPEALER.] 
120.17     Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 
120.18  115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 
120.19  115C.092, 115C.093, 115C.10, 115C.11, and 115C.111, 115C.112, 
120.20  115C.12, and 115C.13, are repealed effective June 30, 2005. 
120.21     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
120.22  following final enactment and applies to applications received 
120.23  on or after the day following final enactment. 
120.24     Sec. 92.  Minnesota Statutes 2000, section 116.07, 
120.25  subdivision 2, is amended to read: 
120.26     Subd. 2.  [ADOPTION OF STANDARDS.] The pollution control 
120.27  agency shall improve air quality by promoting, in the most 
120.28  practicable way possible, the use of energy sources and waste 
120.29  disposal methods which produce or emit the least air 
120.30  contaminants consistent with the agency's overall goal of 
120.31  reducing all forms of pollution.  The agency shall also adopt 
120.32  standards of air quality, including maximum allowable standards 
120.33  of emission of air contaminants from motor vehicles, recognizing 
120.34  that due to variable factors, no single standard of purity of 
120.35  air is applicable to all areas of the state.  In adopting 
120.36  standards the pollution control agency shall give due 
121.1   recognition to the fact that the quantity or characteristics of 
121.2   air contaminants or the duration of their presence in the 
121.3   atmosphere, which may cause air pollution in one area of the 
121.4   state, may cause less or not cause any air pollution in another 
121.5   area of the state, and it shall take into consideration in this 
121.6   connection such factors, including others which it may deem 
121.7   proper, as existing physical conditions, zoning classifications, 
121.8   topography, prevailing wind directions and velocities, and the 
121.9   fact that a standard of air quality which may be proper as to an 
121.10  essentially residential area of the state, may not be proper as 
121.11  to a highly developed industrial area of the state.  Such 
121.12  standards of air quality shall be premised upon scientific 
121.13  knowledge of causes as well as effects based on technically 
121.14  substantiated criteria and commonly accepted practices.  No 
121.15  local government unit shall set standards of air quality which 
121.16  are more stringent than those set by the pollution control 
121.17  agency. 
121.18     The pollution control agency shall promote solid waste 
121.19  disposal control by encouraging the updating of collection 
121.20  systems, elimination of open dumps, and improvements in 
121.21  incinerator practices.  The agency shall also adopt standards 
121.22  for the control of the collection, transportation, storage, 
121.23  processing, and disposal of solid waste and sewage sludge for 
121.24  the prevention and abatement of water, air, and land pollution, 
121.25  recognizing that due to variable factors, no single standard of 
121.26  control is applicable to all areas of the state.  In adopting 
121.27  standards, the pollution control agency shall give due 
121.28  recognition to the fact that elements of control which may be 
121.29  reasonable and proper in densely populated areas of the state 
121.30  may be unreasonable and improper in sparsely populated or remote 
121.31  areas of the state, and it shall take into consideration in this 
121.32  connection such factors, including others which it may deem 
121.33  proper, as existing physical conditions, topography, soils and 
121.34  geology, climate, transportation, and land use.  Such standards 
121.35  of control shall be premised on technical criteria and commonly 
121.36  accepted practices. 
122.1      The pollution control agency shall also adopt standards 
122.2   describing the maximum levels of noise in terms of sound 
122.3   pressure level which may occur in the outdoor atmosphere, 
122.4   recognizing that due to variable factors no single standard of 
122.5   sound pressure is applicable to all areas of the state.  Such 
122.6   standards shall give due consideration to such factors as the 
122.7   intensity of noises, the types of noises, the frequency with 
122.8   which noises recur, the time period for which noises continue, 
122.9   the times of day during which noises occur, and such other 
122.10  factors as could affect the extent to which noises may be 
122.11  injurious to human health or welfare, animal or plant life, or 
122.12  property, or could interfere unreasonably with the enjoyment of 
122.13  life or property.  In adopting standards, the pollution control 
122.14  agency shall give due recognition to the fact that the quantity 
122.15  or characteristics of noise or the duration of its presence in 
122.16  the outdoor atmosphere, which may cause noise pollution in one 
122.17  area of the state, may cause less or not cause any noise 
122.18  pollution in another area of the state, and it shall take into 
122.19  consideration in this connection such factors, including others 
122.20  which it may deem proper, as existing physical conditions, 
122.21  zoning classifications, topography, meteorological conditions 
122.22  and the fact that a standard which may be proper in an 
122.23  essentially residential area of the state, may not be proper as 
122.24  to a highly developed industrial area of the state.  Such noise 
122.25  standards shall be premised upon scientific knowledge as well as 
122.26  effects based on technically substantiated criteria and commonly 
122.27  accepted practices.  No local governing unit shall set standards 
122.28  describing the maximum levels of sound pressure which are more 
122.29  stringent than those set by the pollution control agency. 
122.30     The pollution control agency shall adopt standards for the 
122.31  identification of hazardous waste and for the management, 
122.32  identification, labeling, classification, storage, collection, 
122.33  transportation, processing, and disposal of hazardous waste, 
122.34  recognizing that due to variable factors, a single standard of 
122.35  hazardous waste control may not be applicable to all areas of 
122.36  the state.  In adopting standards, the pollution control agency 
123.1   shall recognize that elements of control which may be reasonable 
123.2   and proper in densely populated areas of the state may be 
123.3   unreasonable and improper in sparsely populated or remote areas 
123.4   of the state.  The agency shall consider existing physical 
123.5   conditions, topography, soils, and geology, climate, 
123.6   transportation and land use.  Standards of hazardous waste 
123.7   control shall be premised on technical knowledge, and commonly 
123.8   accepted practices.  Hazardous waste generator licenses may be 
123.9   issued for a term not to exceed five years.  No local government 
123.10  unit shall set standards of hazardous waste control which are in 
123.11  conflict or inconsistent with those set by the pollution control 
123.12  agency. 
123.13     A person who generates less than 100 kilograms of hazardous 
123.14  waste per month is exempt from the following agency hazardous 
123.15  waste rules: 
123.16     (1) rules relating to transportation, manifesting, storage, 
123.17  and labeling for photographic fixer and X-ray negative wastes 
123.18  that are hazardous solely because of silver content; and 
123.19     (2) any rule requiring the generator to send to the agency 
123.20  or commissioner a copy of each manifest for the transportation 
123.21  of hazardous waste for off-site treatment, storage, or disposal. 
123.22     Nothing in this paragraph exempts the generator from the 
123.23  agency's rules relating to on-site accumulation or outdoor 
123.24  storage.  A political subdivision or other local unit of 
123.25  government may not adopt management requirements that are more 
123.26  restrictive than this paragraph. 
123.27     Sec. 93.  Minnesota Statutes 2000, section 116.70, 
123.28  subdivision 1, is amended to read: 
123.29     Subdivision 1.  [APPLICABILITY.] The definitions in this 
123.30  section apply to sections 116.71 116.731 to 116.734. 
123.31     Sec. 94.  Minnesota Statutes 2000, section 116P.06, 
123.32  subdivision 1, is amended to read: 
123.33     Subdivision 1.  [MEMBERSHIP.] (a) An advisory committee of 
123.34  11 citizen members shall be appointed by the governor to advise 
123.35  the legislative commission on Minnesota resources on project 
123.36  proposals to receive funding from the trust fund and the 
124.1   development of budget and strategic plans.  The governor shall 
124.2   appoint at least one member from each congressional district.  
124.3   The governor shall appoint the chair. 
124.4      (b) The governor's appointees must be confirmed with the 
124.5   advice and consent of the senate.  The membership terms, 
124.6   compensation, removal, and filling of vacancies for citizen 
124.7   members of the advisory committee are governed by section 
124.8   15.0575.  Notwithstanding section 15.059, subdivision 5, or 
124.9   other law to the contrary, the advisory committee does not 
124.10  expire. 
124.11     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
124.12  following final enactment.  
124.13     Sec. 95.  [116P.14] [FEDERAL LAND AND WATER CONSERVATION 
124.14  FUNDS.] 
124.15     Subdivision 1.  [DESIGNATED AGENCY.] The department of 
124.16  natural resources is designated as the state agency to apply 
124.17  for, accept, receive, and disburse federal reimbursement funds 
124.18  and private funds, which are granted to the state of Minnesota 
124.19  from the federal Land and Water Conservation Fund Act. 
124.20     Subd. 2.  [LOCAL SHARE.] Fifty percent of all money made 
124.21  available to the state from funds granted under subdivision 1 
124.22  shall be distributed for projects to be acquired, developed, and 
124.23  maintained by local units of government, providing that any 
124.24  project approved is consistent with a statewide or a county or 
124.25  regional recreational plan and compatible with the statewide 
124.26  recreational plan.  All money received by the department for 
124.27  local units of government shall be deposited in the state 
124.28  treasury and is appropriated annually in order to carry out the 
124.29  purposes for which the funds are received. 
124.30     Subd. 3.  [STATE LAND AND WATER CONSERVATION ACCOUNT; 
124.31  CREATION.] A state land and water conservation account is 
124.32  created in the Minnesota future resources fund.  Fifty percent 
124.33  of the money made available to the state from funds granted 
124.34  under subdivision 1 shall be deposited in the state land and 
124.35  water conservation account. 
124.36     Subd. 4.  [ADMINISTRATION APPROPRIATIONS.] Amounts 
125.1   sufficient to pay the costs incurred by the department of 
125.2   natural resources in administering federal reimbursements are 
125.3   appropriated annually to the commissioner from the state land 
125.4   and water conservation account. 
125.5      Subd. 5.  [USE OF MONEY.] Except as provided in subdivision 
125.6   4, money appropriated from the state land and water conservation 
125.7   account shall be used for state land acquisition and development 
125.8   for the state outdoor recreation system under chapter 86A. 
125.9      Sec. 96.  [116P.15] [LAND ACQUISITION RESTRICTIONS.] 
125.10     Subdivision 1.  [SCOPE.] A recipient of an appropriation 
125.11  from the trust fund or the Minnesota future resources fund who 
125.12  acquires an interest in real property with the appropriation 
125.13  must comply with this section.  For the purposes of this 
125.14  section, "interest in real property" includes, but is not 
125.15  limited to, an easement or fee title to property. 
125.16     Subd. 2.  [RESTRICTIONS; MODIFICATION PROCEDURE.] (a) An 
125.17  interest in real property acquired with an appropriation from 
125.18  the trust fund or the Minnesota future resources fund must be 
125.19  used in perpetuity or for the specific term of an easement 
125.20  interest for the purpose for which the appropriation was made. 
125.21     (b) A recipient of funding who acquires an interest in real 
125.22  property subject to this section may not alter the intended use 
125.23  of such interest in real property or convey any interest in the 
125.24  real property without the prior review and approval of the 
125.25  commission.  The commission shall establish procedures to review 
125.26  requests from recipients to alter the use of or convey an 
125.27  interest in real property.  These procedures shall allow for the 
125.28  replacement of the interest in real property with another 
125.29  interest in real property meeting the following criteria: 
125.30     (1) the interest is at least equal in fair market value, as 
125.31  certified by the commissioner of natural resources, to the 
125.32  interest being replaced; and 
125.33     (2) the interest is in a reasonably equivalent location, 
125.34  and has a reasonably equivalent usefulness compared to the 
125.35  interest being replaced. 
125.36     (c) An interest in real property acquired with an 
126.1   appropriation from the trust fund or the Minnesota future 
126.2   resources fund to be held by an entity other than this state 
126.3   shall include the following restrictive covenant on the 
126.4   conveyance instrument used to acquire the real property 
126.5   interests: 
126.6      "The above described property shall be administered in 
126.7   accordance with the terms, conditions, and purposes of the grant 
126.8   agreement or work program controlling the acquisition of the 
126.9   property.  The property, or any portion of the property, shall 
126.10  not be sold, transferred, pledged, or otherwise disposed of or 
126.11  further encumbered without obtaining the prior written approval 
126.12  of the legislative commission on Minnesota resources.  If the 
126.13  holder of the property fails to comply with the terms and 
126.14  conditions of the grant agreement or work program, ownership of 
126.15  the property shall revert to this state." 
126.16     Sec. 97.  Minnesota Statutes 2000, section 223.17, 
126.17  subdivision 3, is amended to read: 
126.18     Subd. 3.  [GRAIN BUYERS AND STORAGE ACCOUNT; FEES.] The 
126.19  commissioner shall set the fees for inspections under sections 
126.20  223.15 to 223.22 at levels necessary to pay the expenses of 
126.21  administering and enforcing sections 223.15 to 223.22.  
126.22     The fee for any license issued or renewed after June 30, 
126.23  1997 2001, shall be set according to the following schedule: 
126.24     (a) $100 $125 plus $50 $100 for each additional location 
126.25  for grain buyers whose gross annual purchases are less than 
126.26  $100,000; 
126.27     (b) $200 $250 plus $50 $100 for each additional location 
126.28  for grain buyers whose gross annual purchases are at least 
126.29  $100,000, but not more than $750,000; 
126.30     (c) $300 $375 plus $100 $200 for each additional location 
126.31  for grain buyers whose gross annual purchases are more than 
126.32  $750,000 but not more than $1,500,000; 
126.33     (d) $400 $500 plus $100 $200 for each additional location 
126.34  for grain buyers whose gross annual purchases are more than 
126.35  $1,500,000 but not more than $3,000,000; and 
126.36     (e) $500 $625 plus $100 $200 for each additional location 
127.1   for grain buyers whose gross annual purchases are more than 
127.2   $3,000,000.  
127.3      There is created the grain buyers and storage account in 
127.4   the agricultural fund.  Money collected pursuant to sections 
127.5   223.15 to 223.19 shall be paid into the state treasury and 
127.6   credited to the grain buyers and storage account and is 
127.7   appropriated to the commissioner for the administration and 
127.8   enforcement of sections 223.15 to 223.22. 
127.9      Sec. 98.  Minnesota Statutes 2000, section 231.16, is 
127.10  amended to read: 
127.11     231.16 [WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE 
127.12  OPERATOR TO OBTAIN LICENSE.] 
127.13     A warehouse operator or household goods warehouse operator 
127.14  must be licensed annually by the department.  The department 
127.15  shall prescribe the form of the written application.  If the 
127.16  department approves the license application and the applicant 
127.17  files with the department the necessary bond, in the case of 
127.18  household goods warehouse operators, or proof of warehouse 
127.19  operators legal liability insurance coverage in an amount of 
127.20  $50,000 or more, as provided for in this chapter, the department 
127.21  shall issue the license upon payment of the license fee required 
127.22  in this section.  A warehouse operator or household goods 
127.23  warehouse operator to whom a license is issued shall pay a fee 
127.24  as follows:  
127.25          Building square footage used for public storage 
127.26              (1) 5,000 or less               $ 80 $100
127.27              (2) 5,001 to 10,000             $155 $200 
127.28              (3) 10,001 to 20,000            $250 $300 
127.29              (4) 20,001 to 100,000           $315 $400
127.30              (5) 100,001 to 200,000          $410 $500
127.31              (6) over 200,000                $470 $600
127.32     Fees collected under this chapter must be paid into the 
127.33  grain buyers and storage account established in section 232.22. 
127.34     The license must be renewed annually on or before July 1, 
127.35  and always upon payment of the full license fee required in this 
127.36  section.  No license shall be issued for any portion of a year 
128.1   for less than the full amount of the license fee required in 
128.2   this section.  Each license obtained under this chapter must be 
128.3   publicly displayed in the main office of the place of business 
128.4   of the warehouse operator or household goods warehouse operator 
128.5   to whom it is issued.  The license authorizes the warehouse 
128.6   operator or household goods warehouse operator to carry on the 
128.7   business of warehousing only in the one city or town named in 
128.8   the application and in the buildings therein described.  The 
128.9   department, without requiring an additional bond and license, 
128.10  may issue permits from time to time to any warehouse operator 
128.11  already duly licensed under the provisions of this chapter to 
128.12  operate an additional warehouse in the same city or town for 
128.13  which the original license was issued during the term thereof, 
128.14  upon the filing an application for a permit in the form 
128.15  prescribed by the department. 
128.16     A license may be refused for good cause shown and revoked 
128.17  by the department for violation of law or of any rule adopted by 
128.18  the department, upon notice and after hearing. 
128.19     Sec. 99.  Minnesota Statutes 2000, section 268.035, 
128.20  subdivision 20, is amended to read: 
128.21     Subd. 20.  [NONCOVERED EMPLOYMENT.] "Noncovered employment" 
128.22  means: 
128.23     (1) employment for the United States government or an 
128.24  instrumentality thereof, including military service; 
128.25     (2) employment for an Indian, an Indian-controlled 
128.26  employer, and Indian tribe, or any wholly controlled 
128.27  subsidiaries or subdivisions, if the employment is performed on 
128.28  an Indian reservation or Indian Trust Land; 
128.29     (3) employment for a state, other than Minnesota, or a 
128.30  political subdivision or instrumentality thereof; 
128.31     (4) employment for a foreign government; 
128.32     (5) employment for an instrumentality wholly owned by a 
128.33  foreign government, if the employment is of a character similar 
128.34  to that performed in foreign countries by employees of the 
128.35  United States government or an instrumentality thereof and the 
128.36  United States Secretary of State has certified that the foreign 
129.1   government grants an equivalent exemption to similar employment 
129.2   performed in the foreign country by employees of the United 
129.3   States government and instrumentalities thereof; 
129.4      (6) employment covered under United States Code, title 45, 
129.5   section 351, the Railroad Unemployment Insurance Act; 
129.6      (7) employment covered by a reciprocal arrangement between 
129.7   the commissioner and another state or the federal government 
129.8   which provides that all employment performed by an individual 
129.9   for an employer during the period covered by the reciprocal 
129.10  arrangement is considered performed entirely within another 
129.11  state; 
129.12     (8) employment for a church or convention or association of 
129.13  churches, or an organization operated primarily for religious 
129.14  purposes that is operated, supervised, controlled, or 
129.15  principally supported by a church or convention or association 
129.16  of churches described in United States Code, title 26, section 
129.17  501(c)(3) of the federal Internal Revenue Code and exempt from 
129.18  income tax under section 501(a); 
129.19     (9) employment of a duly ordained or licensed minister of a 
129.20  church in the exercise of a ministry or by a member of a 
129.21  religious order in the exercise of duties required by the order, 
129.22  for Minnesota or a political subdivision or an organization 
129.23  described in United States Code, title 26, section 501(c)(3) of 
129.24  the federal Internal Revenue Code and exempt from income tax 
129.25  under section 501(a); 
129.26     (10) employment of an individual receiving rehabilitation 
129.27  of "sheltered" work in a facility conducted for the purpose of 
129.28  carrying out a program of rehabilitation for individuals whose 
129.29  earning capacity is impaired by age or physical or mental 
129.30  deficiency or injury or a program providing "sheltered" work for 
129.31  individuals who because of an impaired physical or mental 
129.32  capacity cannot be readily absorbed in the competitive labor 
129.33  market.  This clause applies only to services performed for 
129.34  Minnesota or a political subdivision or an organization 
129.35  described in United States Code, title 26, section 501(c)(3) of 
129.36  the federal Internal Revenue Code and exempt from income tax 
130.1   under section 501(a) in a facility certified by the 
130.2   rehabilitation services branch of the department or in a day 
130.3   training or habilitation program licensed by the department of 
130.4   human services; 
130.5      (11) employment of an individual receiving work relief or 
130.6   work training as part of an unemployment work relief or work 
130.7   training program assisted or financed in whole or in part by any 
130.8   federal agency or an agency of a state or political subdivision 
130.9   thereof.  This clause applies only to employment for Minnesota 
130.10  or a political subdivision or an organization described in 
130.11  United States Code, title 26, section 501(c)(3) of the federal 
130.12  Internal Revenue Code and exempt from income tax under section 
130.13  501(a).  This clause shall not apply to programs that require 
130.14  unemployment benefit coverage for the participants; 
130.15     (12) employment for Minnesota or a political subdivision as 
130.16  an elected official, a member of a legislative body, or a member 
130.17  of the judiciary; 
130.18     (13) employment as a member of the Minnesota national guard 
130.19  or air national guard; 
130.20     (14) employment for Minnesota, a political subdivision, or 
130.21  instrumentality thereof, as an employee serving only on a 
130.22  temporary basis in case of fire, flood, tornado, or similar 
130.23  emergency, except employment as a firefighter hired under 
130.24  section 88.12, subdivision 1; 
130.25     (15) employment as an election official or election worker 
130.26  for Minnesota or a political subdivision, but only if the 
130.27  compensation for that employment was less than $1,000 in a 
130.28  calendar year; 
130.29     (16) employment for Minnesota that is a major policy making 
130.30  or advisory position in the unclassified service, including 
130.31  those positions established pursuant to section 43A.08, 
130.32  subdivision 1a; 
130.33     (17) employment for a political subdivision of Minnesota 
130.34  that is a nontenured major policy making or advisory position; 
130.35     (18) domestic employment in a private household, local 
130.36  college club, or local chapter of a college fraternity or 
131.1   sorority performed for a person, only if the wages paid in any 
131.2   calendar quarter in either the current or preceding calendar 
131.3   year to all individuals in domestic employment totaled less than 
131.4   $1,000. 
131.5      "Domestic employment" includes all service in the operation 
131.6   and maintenance of a private household, for a local college 
131.7   club, or local chapter of a college fraternity or sorority as 
131.8   distinguished from service as an employee in the pursuit of an 
131.9   employer's trade or business; 
131.10     (19) employment of an individual by a son, daughter, or 
131.11  spouse, and employment of a child under the age of 18 by the 
131.12  child's father or mother; 
131.13     (20) employment of an inmate of a custodial or penal 
131.14  institution; 
131.15     (21) employment for a school, college, or university by a 
131.16  student who is enrolled and is regularly attending classes at 
131.17  the school, college, or university; 
131.18     (22) employment of an individual who is enrolled as a 
131.19  student in a full-time program at a nonprofit or public 
131.20  educational institution that maintains a regular faculty and 
131.21  curriculum and has a regularly organized body of students in 
131.22  attendance at the place where its educational activities are 
131.23  carried on, taken for credit at the institution, that combines 
131.24  academic instruction with work experience, if the employment is 
131.25  an integral part of the program, and the institution has so 
131.26  certified to the employer, except that this clause shall not 
131.27  apply to employment in a program established for or on behalf of 
131.28  an employer or group of employers; 
131.29     (23) employment of university, college, or professional 
131.30  school students in an internship or other training program with 
131.31  the city of St. Paul or the city of Minneapolis pursuant to Laws 
131.32  1990, chapter 570, article 6, section 3; 
131.33     (24) employment for a hospital by a patient of the 
131.34  hospital.  "Hospital" means an institution that has been 
131.35  licensed by the department of health as a hospital; 
131.36     (25) employment as a student nurse for a hospital or a 
132.1   nurses' training school by an individual who is enrolled and is 
132.2   regularly attending classes in an accredited nurses' training 
132.3   school; 
132.4      (26) employment as an intern for a hospital by an 
132.5   individual who has completed a four-year course in an accredited 
132.6   medical school; 
132.7      (27) employment as an insurance salesperson, by other than 
132.8   a corporate officer, if all the compensation for the employment 
132.9   is solely by way of commission.  The word "insurance" shall 
132.10  include an annuity and an optional annuity; 
132.11     (28) employment as an officer of a township mutual 
132.12  insurance company or farmer's mutual insurance company operating 
132.13  pursuant to chapter 67A; 
132.14     (29) employment as a real estate salesperson, by other than 
132.15  a corporate officer, if all the compensation for the employment 
132.16  is solely by way of commission; 
132.17     (30) employment as a direct seller as defined in United 
132.18  States Code, title 26, section 3508; 
132.19     (31) employment of an individual under the age of 18 in the 
132.20  delivery or distribution of newspapers or shopping news, not 
132.21  including delivery or distribution to any point for subsequent 
132.22  delivery or distribution; 
132.23     (32) casual employment performed for an individual, other 
132.24  than domestic employment under clause (18), that does not 
132.25  promote or advance that employer's trade or business; 
132.26     (33) employment in "agricultural employment" unless 
132.27  considered "covered agricultural employment" under subdivision 
132.28  11; or 
132.29     (34) if employment during one-half or more of any pay 
132.30  period was covered employment, all the employment for the pay 
132.31  period shall be considered covered employment; but if during 
132.32  more than one-half of any pay period the employment was 
132.33  noncovered employment, then all of the employment for the pay 
132.34  period shall be considered noncovered employment.  "Pay period" 
132.35  means a period of not more than a calendar month for which a 
132.36  payment or compensation is ordinarily made to the employee by 
133.1   the employer. 
133.2      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
133.3   following final enactment.  
133.4      Sec. 100.  Minnesota Statutes 2000, section 297A.94, is 
133.5   amended to read: 
133.6      297A.94 [DEPOSIT OF REVENUES.] 
133.7      (a) Except as provided in this section, the commissioner 
133.8   shall deposit the revenues, including interest and penalties, 
133.9   derived from the taxes imposed by this chapter in the state 
133.10  treasury and credit them to the general fund.  
133.11     (b) The commissioner shall deposit taxes in the Minnesota 
133.12  agricultural and economic account in the special revenue fund if:
133.13     (1) the taxes are derived from sales and use of property 
133.14  and services purchased for the construction and operation of an 
133.15  agricultural resource project; and 
133.16     (2) the purchase was made on or after the date on which a 
133.17  conditional commitment was made for a loan guaranty for the 
133.18  project under section 41A.04, subdivision 3. 
133.19  The commissioner of finance shall certify to the commissioner 
133.20  the date on which the project received the conditional 
133.21  commitment.  The amount deposited in the loan guaranty account 
133.22  must be reduced by any refunds and by the costs incurred by the 
133.23  department of revenue to administer and enforce the assessment 
133.24  and collection of the taxes.  
133.25     (c) The commissioner shall deposit the revenues, including 
133.26  interest and penalties, derived from the taxes imposed on sales 
133.27  and purchases included in section 297A.61, subdivision 16, 
133.28  paragraphs (b) and (f), in the state treasury, and credit them 
133.29  as follows: 
133.30     (1) first to the general obligation special tax bond debt 
133.31  service account in each fiscal year the amount required by 
133.32  section 16A.661, subdivision 3, paragraph (b); and 
133.33     (2) after the requirements of clause (1) have been met, the 
133.34  balance to the general fund. 
133.35     (d) The commissioner shall deposit the revenues, including 
133.36  interest and penalties, collected under section 297A.64, 
134.1   subdivision 5, in the state treasury and credit them to the 
134.2   general fund.  By July 15 of each year the commissioner shall 
134.3   transfer to the highway user tax distribution fund an amount 
134.4   equal to the excess fees collected under section 297A.64, 
134.5   subdivision 5, for the previous calendar year. 
134.6      (e) For fiscal year 2001, 97 percent, and for fiscal year 
134.7   2002 and thereafter, 87 percent of The revenues, including 
134.8   interest and penalties, transmitted to the commissioner under 
134.9   section 297A.65, must be deposited by the commissioner in the 
134.10  state treasury as follows: 
134.11     (1) 50 percent of the receipts must be deposited in the 
134.12  heritage enhancement account in the game and fish fund, and may 
134.13  be spent only on activities that improve, enhance, or protect 
134.14  fish and wildlife resources, including conservation, 
134.15  restoration, and enhancement of land, water, and other natural 
134.16  resources of the state; 
134.17     (2) 22.5 percent of the receipts must be deposited in the 
134.18  natural resources fund, and may be spent only for state parks 
134.19  and trails; 
134.20     (3) 22.5 percent of the receipts must be deposited in the 
134.21  natural resources fund, and may be spent only on metropolitan 
134.22  park and trail grants; 
134.23     (4) three percent of the receipts must be deposited in the 
134.24  natural resources fund, and may be spent only on local trail 
134.25  grants; and 
134.26     (5) two percent of the receipts must be deposited in the 
134.27  natural resources fund, and may be spent only for the Minnesota 
134.28  zoological garden, the Como park zoo and conservatory, and the 
134.29  Duluth zoo. 
134.30     (f) The revenue dedicated under paragraph (e) may not be 
134.31  used as a substitute for traditional sources of funding for the 
134.32  purposes specified, but the dedicated revenue shall supplement 
134.33  traditional sources of funding for those purposes.  Land 
134.34  acquired with money deposited in the game and fish fund under 
134.35  paragraph (e) must be open to public hunting and fishing during 
134.36  the open season.  At least 87 percent of the money deposited in 
135.1   the game and fish fund for improvement, enhancement, or 
135.2   protection of fish and wildlife resources under paragraph (e) 
135.3   must be allocated for field operations. 
135.4      Sec. 101.  Minnesota Statutes 2000, section 473.845, 
135.5   subdivision 3, is amended to read: 
135.6      Subd. 3.  [EXPENDITURES FROM THE FUND.] Money in the fund 
135.7   may only be appropriated to the agency for expenditure for: 
135.8      (1) reasonable and necessary expenses for closure and 
135.9   postclosure care of a mixed municipal solid waste disposal 
135.10  facility in the metropolitan area for a 30-year period after 
135.11  closure, if the agency determines that the operator or owner 
135.12  will not take the necessary actions requested by the agency for 
135.13  closure and postclosure in the manner and within the time 
135.14  requested; 
135.15     (2) reasonable and necessary response and postclosure costs 
135.16  at a mixed municipal solid waste disposal facility in the 
135.17  metropolitan area that has been closed for 30 years in 
135.18  compliance with the closure and postclosure rules of the agency; 
135.19  or 
135.20     (3) reimbursement to a local government unit for costs 
135.21  incurred over $400,000 under a work plan approved by the 
135.22  commissioner of the agency to remediate methane at a closed 
135.23  disposal facility owned by the local government unit; or 
135.24     (4) reasonable and necessary response costs at an 
135.25  unpermitted facility for mixed municipal solid waste disposal in 
135.26  the metropolitan area that was permitted by the agency for 
135.27  disposal of sludge ash from a wastewater treatment facility. 
135.28     Sec. 102.  [626.94] [CONSERVATION LAW ENFORCEMENT 
135.29  AUTHORITY.] 
135.30     Subdivision 1.  [DEFINITION.] As used in this section, 
135.31  "Indian conservation enforcement authority" means: 
135.32     (1) a federally recognized Indian tribe, as defined in 
135.33  United States Code, title 25, section 450b, subsection (e), 
135.34  located within Minnesota, provided that the tribe has the 
135.35  authority to adopt and enforce game, fish, and natural resources 
135.36  codes governing the conduct of its members within the geographic 
136.1   boundaries of a reservation or in the 1854 or 1837 ceded 
136.2   territories; or 
136.3      (2) an Indian conservation agency having the authority to 
136.4   adopt or enforce game, fish, and natural resources codes and 
136.5   regulations governing the conduct of Indians in the 1854 or 1837 
136.6   ceded territories. 
136.7      Subd. 2.  [INDIAN CONSERVATION ENFORCEMENT AUTHORITY 
136.8   REQUIREMENTS.] Upon agreement by the commissioner of natural 
136.9   resources, an Indian conservation enforcement authority may 
136.10  exercise authority under subdivision 3 if it satisfies the 
136.11  following minimum requirements: 
136.12     (1) the Indian conservation enforcement authority agrees to 
136.13  be subject to liability for its torts and those of its officers, 
136.14  employees, and agents acting within the scope of their 
136.15  employment or duties arising out of the conservation enforcement 
136.16  powers conferred by this section to the same extent as a 
136.17  municipality under chapter 466 and the Indian conservation 
136.18  enforcement authority further agrees, notwithstanding section 
136.19  16C.05, subdivision 7, to waive its sovereign immunity for 
136.20  purposes of claims arising out of the liability; 
136.21     (2) the Indian conservation enforcement authority files 
136.22  with the board of peace officer standards and training a bond or 
136.23  certificate of insurance for liability coverage with the maximum 
136.24  single occurrence amounts set forth in section 466.04 and an 
136.25  annual cap for all occurrences within a year of three times the 
136.26  single occurrence amounts; 
136.27     (3) the Indian conservation enforcement authority files 
136.28  with the board of peace officer standards and training a 
136.29  certificate of insurance for liability of its conservation law 
136.30  enforcement officers, employees, and agents for lawsuits under 
136.31  the United States Constitution; 
136.32     (4) the Indian conservation enforcement authority agrees to 
136.33  be subject to section 13.82 and any other laws of the state 
136.34  relating to data practices of law enforcement agencies; 
136.35     (5) the Indian conservation enforcement authority enters 
136.36  into a written cooperative agreement with the commissioner of 
137.1   natural resources under section 471.59 to define and regulate 
137.2   the provision of conservation law enforcement services under 
137.3   this section and to provide conservation officers employed by 
137.4   the department of natural resources with authority described in 
137.5   the cooperative agreement to enforce Indian codes and 
137.6   regulations on lands agreed upon within the reservation or ceded 
137.7   territory; and 
137.8      (6) the Indian conservation enforcement authority appoints 
137.9   a licensed peace officer to serve as a chief law enforcement 
137.10  officer with authority to appoint and supervise the authority's 
137.11  conservation officers under this section. 
137.12  When entering into an agreement under clause (5), the Indian 
137.13  conservation enforcement authority is considered a "governmental 
137.14  unit" as defined under section 471.59, subdivision 1.  Nothing 
137.15  in this section shall be construed to invalidate or limit the 
137.16  terms of any valid agreement approved by a federal court order. 
137.17     Subd. 3.  [JURISDICTION.] If the requirements of 
137.18  subdivision 2 are met: 
137.19     (1) the Indian conservation enforcement authority's chief 
137.20  law enforcement officer may appoint peace officers, as defined 
137.21  in section 626.84, subdivision 1, paragraph (c), to serve as 
137.22  conservation officers having the same powers as conservation 
137.23  officers employed by the department of natural resources.  The 
137.24  exercise of these powers is limited to the geographical 
137.25  boundaries of the reservation or ceded territory; and 
137.26     (2) the jurisdiction of conservation officers appointed 
137.27  under this subdivision is concurrent with the jurisdiction of 
137.28  conservation officers employed by the department of natural 
137.29  resources to enforce the state's game and fish, natural 
137.30  resource, and recreational laws within the geographical 
137.31  boundaries of the reservation or ceded territory. 
137.32     Subd. 4.  [EFFECT ON FEDERAL LAW.] Nothing in this section 
137.33  shall be construed to restrict the Indian conservation 
137.34  enforcement authority's authority under federal law. 
137.35     Subd. 5.  [CONSTRUCTION.] This section is limited to 
137.36  conservation enforcement authority only.  Nothing in this 
138.1   section shall affect any other jurisdictional relationship or 
138.2   dispute or current agreement. 
138.3      Sec. 103.  Laws 1995, chapter 220, section 142, as amended 
138.4   by Laws 1995, chapter 263, section 12, Laws 1996, chapter 351, 
138.5   section 1, and Laws 1999, chapter 231, section 191, is amended 
138.6   to read: 
138.7      Sec. 142.  [EFFECTIVE DATES.] 
138.8      Sections 2, 5, 7, 20, 42, 44 to 49, 56, 57, 101, 102, 117, 
138.9   and 141, paragraph (d), are effective the day following final 
138.10  enactment. 
138.11     Sections 114, 115, 118, and 121 are effective January 1, 
138.12  1996. 
138.13     Sections 120, subdivisions 2, 3, 4, and 5, and 141, 
138.14  paragraph (c), are effective July 1, 1996. 
138.15     Section 141, paragraph (b), is effective June 30, 2001 2007.
138.16     Sections 58 and 66 are effective retroactively to August 1, 
138.17  1991.  
138.18     Section 119 is effective September 1, 1996. 
138.19     Section 120, subdivision 1, is effective July 1, 1999. 
138.20     Sec. 104.  Laws 1996, chapter 407, section 32, subdivision 
138.21  4, is amended to read: 
138.22     Subd. 4.  [ADVISORY COMMITTEE.] (a) A local area advisory 
138.23  committee is established to provide direction on the 
138.24  establishment, planning, development, and operation of the Iron 
138.25  Range off-highway vehicle recreation area.  Except as provided 
138.26  in paragraph (b), the commissioner of natural resources shall 
138.27  appoint the members of the advisory committee. 
138.28     (b) Membership on the advisory committee shall include: 
138.29     (1) a representative of the all-terrain vehicle association 
138.30  of Minnesota; 
138.31     (2) a representative of the amateur riders of motorcycles 
138.32  association; 
138.33     (3) a representative of the Minnesota four-wheel drive 
138.34  association; 
138.35     (4) a representative of the St. Louis county board; 
138.36     (5) a state representative appointed by the speaker of the 
139.1   house of representatives; 
139.2      (6) a state senator appointed by the senate committee on 
139.3   committees; 
139.4      (7) a designee of the local environmental community 
139.5   selected by the area environmental organizations; 
139.6      (8) a designee of the local tourism community selected by 
139.7   the iron trail convention and visitors bureau; and 
139.8      (9) a representative of the Tower regional office of the 
139.9   department of natural resources. 
139.10     (c) The advisory committee shall elect its own chair and 
139.11  meetings shall be at the call of the chair. 
139.12     (d) The advisory committee members shall serve as 
139.13  volunteers and accept no per diem. 
139.14     (e) Notwithstanding Minnesota Statutes, section 15.059, 
139.15  subdivision 5, or other law to the contrary, the advisory 
139.16  committee expires June 30, 2003. 
139.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
139.18  following final enactment.  
139.19     Sec. 105.  Laws 2000, chapter 473, section 21, is amended 
139.20  to read: 
139.21     Sec. 21.  [APPROPRIATIONS.] 
139.22     $200,000 is appropriated from the state forest suspense 
139.23  account to the commissioner of natural resources for transfer to 
139.24  the University of Minnesota Duluth for the purpose of funding 
139.25  the inventory conducted pursuant to this section and is 
139.26  available until expended.  Because the University of Minnesota 
139.27  is a land grant university, and because most of the state-owned 
139.28  land to be inventoried is granted land, the chancellor of the 
139.29  University of Minnesota Duluth is requested to direct the School 
139.30  of Business and Economics to conduct an inventory of state-owned 
139.31  land located within the Boundary Waters Canoe Area for the 
139.32  purpose of providing the legislature and state officers with 
139.33  more precise information as to the nature, extent, and value of 
139.34  the land.  The inventory must include the following:  (1) a list 
139.35  of the tracts of state-owned land within the area, together with 
139.36  the available legal description by government tract, insofar as 
140.1   possible; (2) the number of linear feet of shoreline in each 
140.2   tract, together with a general description of that shoreline, 
140.3   whether it is rocky, sandy, or swampy, or some other descriptive 
140.4   system that generally describes the shoreland; (3) the acreage 
140.5   of each tract; (4) a general description of the surface of each 
140.6   tract, including topography and the predominant vegetative cover 
140.7   for each tract and any known unique surface features, such as 
140.8   areas of virgin and other old growth timber; and (5) using 
140.9   available real estate market value information and accepted real 
140.10  estate valuation techniques, assign estimates of the value for 
140.11  each tract, exclusive of minerals and mineral interests, using 
140.12  each of the real estate valuation techniques adopted for the 
140.13  inventory.  For the purposes of this section, "state-owned land" 
140.14  is defined as any class of state-owned land, whether it is 
140.15  granted land such as school, university, swampland, or internal 
140.16  improvement, or whether it is tax-forfeited, acquired, or 
140.17  state-owned land of any other classification.  At the request of 
140.18  the university, the commissioner of natural resources shall 
140.19  promptly provide the university with all published maps, whether 
140.20  federal, state, or county, together with a descriptive list of 
140.21  state-owned land in the area, using available legal 
140.22  descriptions, forest inventories, and other factual information, 
140.23  published data, and photographs that are necessary for the 
140.24  university's inventory.  From these maps, lists, data, and other 
140.25  information, the university is requested to prepare a report of 
140.26  its inventory.  The legislature requests that the University of 
140.27  Minnesota submit the report to the legislature by January 15, 
140.28  2002 2003. 
140.29     Sec. 106.  [MCQUADE ROAD SAFE HARBOR AND PUBLIC ACCESS 
140.30  ACQUISITION.] 
140.31     Subdivision 1.  [LEGISLATIVE FINDINGS.] The legislature 
140.32  recognizes the need to provide safe harbors and public accesses 
140.33  on Lake Superior and that it is in the public interest to direct 
140.34  the commissioner of natural resources to acquire necessary 
140.35  interests in land in the southwest area of Lake Superior for 
140.36  safe harbor and public access purposes. 
141.1      Subd. 2.  [ACQUISITION.] The commissioner shall acquire 
141.2   interests in land, without undue delay, under Minnesota 
141.3   Statutes, section 86A.21, paragraph (a), clause (2), as 
141.4   necessary to provide a safe harbor and public access to Lake 
141.5   Superior at McQuade Road. 
141.6      Sec. 107.  [REPEALER.] 
141.7      (a) Minnesota Statutes 2000, sections 31.11, subdivision 2; 
141.8   41A.09, subdivision 1a; 86.71; 86.72; 89A.07, subdivisions 1, 2, 
141.9   and 3; 115.55, subdivision 8; 115A.906; 115A.912, subdivisions 2 
141.10  and 3; 115C.02, subdivisions 11a and 12a; 115C.082; 115C.09, 
141.11  subdivision 3g; 115C.091; 115C.092; 116.67; 116.70, subdivisions 
141.12  2, 3a, and 4; 116.71; 116.72; 116.73; and 116.74, are repealed. 
141.13     (b) Minnesota Statutes 2000, section 103G.650, is repealed 
141.14  retroactively to June 1, 2000.  Within 30 days following the 
141.15  date of final enactment, the commissioner of natural resources 
141.16  must cancel existing leases under Minnesota Statutes, section 
141.17  103G.650, and refund application fees received under Minnesota 
141.18  Statutes, section 103G.650. 
141.19     (c) Laws 2000, chapter 337, section 2, is repealed. 
141.20     (d) Minnesota Rules, parts 1560.9000, subpart 2; 7023.9000 
141.21  to 7023.9050; 7080.0020, subparts 24c and 51a; 7080.0400; and 
141.22  7080.0450, are repealed effective July 1, 2001. 
141.23     Sec. 108.  [EFFECTIVE DATE.] 
141.24     Laws 2000, chapter 492, article 1, section 60, applies to 
141.25  applications made after July 1, 2000, for funding under 
141.26  Minnesota Statutes, section 446A.072. 
141.27                             ARTICLE 2 
141.28     Section 1.  Minnesota Statutes 2000, section 16A.531, 
141.29  subdivision 1, is amended to read: 
141.30     Subdivision 1.  [ENVIRONMENTAL FUND.] There is created in 
141.31  the state treasury an environmental fund as a special revenue 
141.32  fund for deposit of receipts from environmentally related taxes, 
141.33  fees, and activities conducted by the state other sources as 
141.34  provided in subdivision 1b.  
141.35     Sec. 2.  Minnesota Statutes 2000, section 16A.531, is 
141.36  amended by adding a subdivision to read: 
142.1      Subd. 1b.  [REVENUES.] The following revenues must be 
142.2   deposited in the environmental fund: 
142.3      (1) all revenue from the motor vehicle transfer fee imposed 
142.4   under section 115A.908; 
142.5      (2) all fees collected under section 116.07, subdivision 
142.6   4d; 
142.7      (3) all money collected by the pollution control agency in 
142.8   enforcement matters as provided in section 115.073; 
142.9      (4) all revenues from license fees for individual sewage 
142.10  treatment systems under section 115.56; 
142.11     (5) all revenue from pollution prevention fees imposed 
142.12  under section 115D.12; 
142.13     (6) all loan repayments deposited under section 116.994; 
142.14     (7) all revenue from hazardous waste taxes collected under 
142.15  sections 115B.22 to 115B.24; 
142.16     (8) revenue collected from the environmental tax allocated 
142.17  pursuant to section 297H.13, subdivision 2; 
142.18     (9) fees collected under section 473.844; and 
142.19     (10) interest accrued on the fund. 
142.20     Sec. 3.  Minnesota Statutes 2000, section 16A.531, is 
142.21  amended by adding a subdivision to read: 
142.22     Subd. 1c.  [EXPENDITURES FROM FUND.] Subject to 
142.23  appropriation by the legislature, the money in the environmental 
142.24  fund may be spent by the pollution control agency to administer 
142.25  the agency's air, water, solid, and hazardous waste programs and 
142.26  by the office of environmental assistance to administer its 
142.27  programs.  
142.28     Sec. 4.  Minnesota Statutes 2000, section 115.073, is 
142.29  amended to read: 
142.30     115.073 [ENFORCEMENT FUNDING.] 
142.31     Except as provided in sections 115B.20, subdivision 4, 
142.32  clause (2); section 115C.05; and 473.845, subdivision 8, all 
142.33  money recovered by the state under this chapter and chapters 
142.34  115A and 116, including civil penalties and money paid under an 
142.35  agreement, stipulation, or settlement, excluding money paid for 
142.36  past due fees or taxes, up to the amount appropriated for 
143.1   implementation of Laws 1991, chapter 347, must be deposited in 
143.2   the state treasury and credited to the environmental fund. 
143.3      Sec. 5.  Minnesota Statutes 2000, section 115.56, 
143.4   subdivision 4, is amended to read: 
143.5      Subd. 4.  [LICENSE FEE.] The fee for a license required 
143.6   under subdivision 2 is $100 per year.  Revenue from the fees 
143.7   must be credited to the environmental fund and are exempt from 
143.8   section 16A.1285. 
143.9      Sec. 6.  Minnesota Statutes 2000, section 115A.908, 
143.10  subdivision 1, is amended to read: 
143.11     Subdivision 1.  [FEE CHARGED.] A fee of $4 shall be charged 
143.12  on the initial registration and each subsequent transfer of 
143.13  title within the state, other than transfers for resale 
143.14  purposes, of every motor vehicle weighing more than 1,000 
143.15  pounds.  The fee shall be collected in an appropriate manner by 
143.16  the motor vehicle registrar.  Registration plates or 
143.17  certificates may not be issued by the motor vehicle registrar 
143.18  for the ownership or operation of a motor vehicle subject to the 
143.19  transfer fee unless the fee is paid.  The fee may not be charged 
143.20  on the transfer of:  
143.21     (1) previously registered vehicles if the transfer is to 
143.22  the same person; 
143.23     (2) vehicles subject to the conditions specified in section 
143.24  297A.25, subdivision 11; or 
143.25     (3) vehicles purchased in another state by a resident of 
143.26  another state if more than 60 days have elapsed after the date 
143.27  of purchase and the purchaser is transferring title to this 
143.28  state and has become a resident of this state after the purchase.
143.29     The fee is exempt from section 16A.1285.  
143.30     Sec. 7.  Minnesota Statutes 2000, section 115A.908, 
143.31  subdivision 2, is amended to read: 
143.32     Subd. 2.  [DEPOSIT OF REVENUE.] Revenue collected shall be 
143.33  credited to the motor vehicle transfer account in the 
143.34  environmental fund.  As cash flow permits, The commissioner of 
143.35  finance must transfer (1) $3,200,000 each fiscal year from the 
143.36  motor vehicle transfer account to the environmental response, 
144.1   compensation, and compliance account established in section 
144.2   115B.20; and (2) $1,200,000 each fiscal year from the motor 
144.3   vehicle transfer account to the general fund. 
144.4      Sec. 8.  Minnesota Statutes 2000, section 115A.9651, 
144.5   subdivision 6, is amended to read: 
144.6      Subd. 6.  [PRODUCT REVIEW REPORTS.] (a) Except as provided 
144.7   under subdivision 7, the manufacturer, or an association of 
144.8   manufacturers, of any specified product distributed for sale or 
144.9   use in this state that is not listed pursuant to subdivision 4 
144.10  shall submit a product review report and fee as provided in 
144.11  paragraph (c) to the commissioner for each product by July 1, 
144.12  1998.  Each product review report shall contain at least the 
144.13  following: 
144.14     (1) a policy statement articulating upper management 
144.15  support for eliminating or reducing intentional introduction of 
144.16  listed metals into its products; 
144.17     (2) a description of the product and the amount of each 
144.18  listed metal distributed for use in this state; 
144.19     (3) a description of past and ongoing efforts to eliminate 
144.20  or reduce the listed metal in the product; 
144.21     (4) an assessment of options available to reduce or 
144.22  eliminate the intentional introduction of the listed metal 
144.23  including any alternatives to the specified product that do not 
144.24  contain the listed metal, perform the same technical function, 
144.25  are commercially available, and are economically practicable; 
144.26     (5) a statement of objectives in numerical terms and a 
144.27  schedule for achieving the elimination of the listed metals and 
144.28  an environmental assessment of alternative products; 
144.29     (6) a listing of options considered not to be technically 
144.30  or economically practicable; and 
144.31     (7) certification attesting to the accuracy of the 
144.32  information in the report signed and dated by an official of the 
144.33  manufacturer or user. 
144.34  If the manufacturer fails to submit a product review report, a 
144.35  user of a specified product may submit a report and fee which 
144.36  comply with this subdivision by August 15, 1998. 
145.1      (b) By July 1, 1999, and annually thereafter until the 
145.2   commissioner takes action under subdivision 9, the manufacturer 
145.3   or user must submit a progress report and fee as provided in 
145.4   paragraph (c) updating the information presented under paragraph 
145.5   (a). 
145.6      (c) The fee shall be $295 for each report.  The fee shall 
145.7   be deposited in the state treasury and credited to the 
145.8   environmental fund.  The fee is exempt from section 16A.1285.  
145.9      (d) Where it cannot be determined from a progress report 
145.10  submitted by a person pursuant to Laws 1994, chapter 585, 
145.11  section 30, subdivision 2, paragraph (e), the number of products 
145.12  for which product review reports are due under this subdivision, 
145.13  the commissioner shall have the authority to determine, after 
145.14  consultation with that person, the number of products for which 
145.15  product review reports are required. 
145.16     (e) The commissioner shall summarize, aggregate, and 
145.17  publish data reported under paragraphs (a) and (b) annually. 
145.18     (f) A product that is the subject of a recommendation by 
145.19  the Toxics in Packaging Clearinghouse, as administered by the 
145.20  Council of State Governments, is exempt from this section. 
145.21     Sec. 9.  Minnesota Statutes 2000, section 115B.17, 
145.22  subdivision 6, is amended to read: 
145.23     Subd. 6.  [RECOVERY OF EXPENSES.] Any reasonable and 
145.24  necessary expenses incurred by the agency or commissioner 
145.25  pursuant to this section, including all response costs, and 
145.26  administrative and legal expenses, may be recovered in a civil 
145.27  action brought by the attorney general against any person who 
145.28  may be liable under section 115B.04 or any other law.  The 
145.29  agency's certification of expenses shall be prima facie evidence 
145.30  that the expenses are reasonable and necessary.  Any expenses 
145.31  incurred pursuant to this section which are recovered by the 
145.32  attorney general pursuant to section 115B.04 or any other law, 
145.33  including any award of attorneys fees, shall be deposited in the 
145.34  remediation fund and credited to a special account for 
145.35  additional response actions as provided in section 115B.20, 
145.36  subdivision 2, clause (2) or (4). 
146.1      Sec. 10.  Minnesota Statutes 2000, section 115B.17, 
146.2   subdivision 7, is amended to read: 
146.3      Subd. 7.  [ACTIONS RELATING TO NATURAL RESOURCES.] For the 
146.4   purpose of this subdivision, the state is the trustee of the 
146.5   air, water and wildlife of the state.  An action pursuant to 
146.6   section 115B.04 for damages with respect to air, water or 
146.7   wildlife may be brought by the attorney general in the name of 
146.8   the state as trustee for those natural resources.  Any damages 
146.9   recovered by the attorney general pursuant to section 115B.04 or 
146.10  any other law for injury to, destruction of, or loss of natural 
146.11  resources resulting from the release of a hazardous substance, 
146.12  or a pollutant or contaminant, shall be deposited in the account 
146.13  remediation fund. 
146.14     Sec. 11.  Minnesota Statutes 2000, section 115B.17, 
146.15  subdivision 14, is amended to read: 
146.16     Subd. 14.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
146.17  OVERSIGHT.] (a) The commissioner may, upon request, assist a 
146.18  person in determining whether real property has been the site of 
146.19  a release or threatened release of a hazardous substance, 
146.20  pollutant, or contaminant.  The commissioner may also assist in, 
146.21  or supervise, the development and implementation of reasonable 
146.22  and necessary response actions.  Assistance may include review 
146.23  of agency records and files, and review and approval of a 
146.24  requester's investigation plans and reports and response action 
146.25  plans and implementation. 
146.26     (b) Except as otherwise provided in this paragraph, the 
146.27  person requesting assistance under this subdivision shall pay 
146.28  the agency for the agency's cost, as determined by the 
146.29  commissioner, of providing assistance.  A state agency, 
146.30  political subdivision, or other public entity is not required to 
146.31  pay for the agency's cost to review agency records and files.  
146.32  Money received by the agency for assistance under this section 
146.33  must be deposited in the environmental response, compensation, 
146.34  and compliance fund and is exempt from section 16A.1285. 
146.35     (c) When a person investigates a release or threatened 
146.36  release in accordance with an investigation plan approved by the 
147.1   commissioner under this subdivision, the investigation does not 
147.2   associate that person with the release or threatened release for 
147.3   the purpose of section 115B.03, subdivision 3, clause (4). 
147.4      Sec. 12.  Minnesota Statutes 2000, section 115B.17, 
147.5   subdivision 16, is amended to read: 
147.6      Subd. 16.  [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE 
147.7   ACTION.] (a) If the commissioner determines that real or 
147.8   personal property acquired by the agency for response action is 
147.9   no longer needed for response action purposes, the commissioner 
147.10  may: 
147.11     (1) transfer the property to the commissioner of 
147.12  administration to be disposed of in the manner required for 
147.13  other surplus property subject to conditions the commissioner 
147.14  determines necessary to protect the public health and welfare or 
147.15  the environment, or to comply with federal law; 
147.16     (2) transfer the property to another state agency, a 
147.17  political subdivision, or special purpose district as provided 
147.18  in paragraph (b); or 
147.19     (3) if required by federal law, take actions and dispose of 
147.20  the property as required by federal law.  
147.21     (b) If the commissioner determines that real or personal 
147.22  property acquired by the agency for response action must be 
147.23  operated, maintained, or monitored after completion of other 
147.24  phases of the response action, the commissioner may transfer 
147.25  ownership of the property to another state agency, a political 
147.26  subdivision, or special purpose district that agrees to accept 
147.27  the property.  A state agency, political subdivision, or special 
147.28  purpose district is authorized to accept and implement the terms 
147.29  and conditions of a transfer under this paragraph.  The 
147.30  commissioner may set terms and conditions for the transfer that 
147.31  the commissioner considers reasonable and necessary to ensure 
147.32  proper operation, maintenance, and monitoring of response 
147.33  actions, protect the public health and welfare and the 
147.34  environment, and comply with applicable federal and state laws 
147.35  and regulations.  The state agency, political subdivision, or 
147.36  special purpose district to which the property is transferred is 
148.1   not liable under this chapter solely as a result of acquiring 
148.2   the property or acting in accordance with the terms and 
148.3   conditions of the transfer.  
148.4      (c) If the agency acquires property under subdivision 15, 
148.5   the commissioner may lease or grant an easement in the property 
148.6   to a person during the implementation of response actions if the 
148.7   lease or easement is compatible with or necessary for response 
148.8   action implementation. 
148.9      (d) The proceeds of a sale, lease, or other transfer of 
148.10  property under this subdivision by the commissioner or by the 
148.11  commissioner of administration shall be deposited in the 
148.12  environmental response, compensation, and compliance account 
148.13  remediation fund.  Any share of the proceeds that the agency is 
148.14  required by federal law or regulation to reimburse to the 
148.15  federal government is appropriated from the account to the 
148.16  agency for that purpose. Except for section 94.16, subdivision 
148.17  2, the provisions of section 94.16 do not apply to real property 
148.18  sold by the commissioner of administration which was acquired 
148.19  under subdivision 15. 
148.20     Sec. 13.  Minnesota Statutes 2000, section 115B.19, is 
148.21  amended to read: 
148.22     115B.19 [PURPOSES OF ACCOUNT AND TAXES.] 
148.23     In establishing the environmental response, compensation 
148.24  and compliance account remediation fund in section 115B.20 and 
148.25  imposing taxes in section 115B.22 116.155 it is the purpose of 
148.26  the legislature to:  
148.27     (1) encourage treatment and disposal of hazardous waste in 
148.28  a manner that adequately protects the public health or welfare 
148.29  or the environment; 
148.30     (2) encourage responsible parties to provide the response 
148.31  actions necessary to protect the public and the environment from 
148.32  the effects of the release of hazardous substances; 
148.33     (3) encourage the use of alternatives to land disposal of 
148.34  hazardous waste including resource recovery, recycling, 
148.35  neutralization, and reduction; 
148.36     (4) provide state agencies with the financial resources 
149.1   needed to prepare and implement an effective and timely state 
149.2   response to the release of hazardous substances, including 
149.3   investigation, planning, removal and remedial action; 
149.4      (5) compensate for increased governmental expenses and loss 
149.5   of revenue and to provide other appropriate assistance to 
149.6   mitigate any adverse impact on communities in which commercial 
149.7   hazardous waste processing or disposal facilities are located 
149.8   under the siting process provided in chapter 115A; 
149.9      (6) recognize the environmental and public health costs of 
149.10  land disposal of solid waste and of the use and disposal of 
149.11  hazardous substances and to place the burden of financing state 
149.12  hazardous waste management activities on those whose products 
149.13  and services contribute to hazardous waste management problems 
149.14  and increase the risks of harm to the public and the environment.
149.15     Sec. 14.  Minnesota Statutes 2000, section 115B.20, is 
149.16  amended to read: 
149.17     115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
149.18  COMPLIANCE ACCOUNT ACTIONS USING MONEY FROM REMEDIATION FUND.] 
149.19     Subdivision 1.  [ESTABLISHMENT.] (a) The environmental 
149.20  response, compensation, and compliance account is in the 
149.21  environmental fund in the state treasury and may be spent only 
149.22  for the purposes provided in subdivision 2.  
149.23     (b) The commissioner of finance shall administer a response 
149.24  account for the agency and the commissioner of agriculture to 
149.25  take removal, response, and other actions authorized under 
149.26  subdivision 2, clauses (1) to (4) and (10) to (12).  The 
149.27  commissioner of finance shall transfer money from the response 
149.28  account to the agency and the commissioner of agriculture to 
149.29  take actions required under subdivision 2, clauses (1) to (4) 
149.30  and (10) to (12).  
149.31     (c) The commissioner of finance shall administer the 
149.32  account in a manner that allows the commissioner of agriculture 
149.33  and the agency to utilize the money in the account to implement 
149.34  their removal and remedial action duties as effectively as 
149.35  possible. 
149.36     (d) Amounts appropriated to the commissioner of finance 
150.1   under this subdivision shall not be included in the department 
150.2   of finance budget but shall be included in the pollution control 
150.3   agency and department of agriculture budgets. 
150.4      (e) All money recovered by the state under section 115B.04 
150.5   or any other law for injury to, destruction of, or loss of 
150.6   natural resources resulting from the release of a hazardous 
150.7   substance, or a pollutant or contaminant, must be credited to 
150.8   the environmental response, compensation, and compliance account 
150.9   in the environmental fund and is appropriated to the 
150.10  commissioner of natural resources for purposes of subdivision 2, 
150.11  clause (5), consistent with any applicable term of judgments, 
150.12  consent decrees, consent orders, or other administrative actions 
150.13  requiring payments to the state for such purposes.  Before 
150.14  making an expenditure of money appropriated under this 
150.15  paragraph, the commissioner of natural resources shall provide 
150.16  written notice of the proposed expenditure to the chairs of the 
150.17  senate committee on finance, the house of representatives 
150.18  committee on ways and means, the finance division of the senate 
150.19  committee on environment and natural resources, and the house of 
150.20  representatives committee on environment and natural resources 
150.21  finance. 
150.22     Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 
150.23  to appropriation by the legislature the money in the 
150.24  account Money appropriated from the remediation fund under 
150.25  section 116.155, subdivision 2, paragraph (a), clause (1), may 
150.26  be spent only for any of the following purposes:  
150.27     (1) preparation by the agency and the commissioner of 
150.28  agriculture for taking removal or remedial action under section 
150.29  115B.17, or under chapter 18D, including investigation, 
150.30  monitoring and testing activities, enforcement and compliance 
150.31  efforts relating to the release of hazardous substances, 
150.32  pollutants or contaminants under section 115B.17 or 115B.18, or 
150.33  chapter 18D; 
150.34     (2) removal and remedial actions taken or authorized by the 
150.35  agency or the commissioner of the pollution control agency under 
150.36  section 115B.17, or taken or authorized by the commissioner of 
151.1   agriculture under chapter 18D including related enforcement and 
151.2   compliance efforts under section 115B.17 or 115B.18, or chapter 
151.3   18D, and payment of the state share of the cost of remedial 
151.4   action which may be carried out under a cooperative agreement 
151.5   with the federal government pursuant to the federal Superfund 
151.6   Act, under United States Code, title 42, section 9604(c)(3) for 
151.7   actions related to facilities other than commercial hazardous 
151.8   waste facilities located under the siting authority of chapter 
151.9   115A; 
151.10     (3) reimbursement to any private person for expenditures 
151.11  made before July 1, 1983, to provide alternative water supplies 
151.12  deemed necessary by the agency or the commissioner of 
151.13  agriculture and the department of health to protect the public 
151.14  health from contamination resulting from the release of a 
151.15  hazardous substance; 
151.16     (4) removal and remedial actions taken or authorized by the 
151.17  agency or the commissioner of agriculture or the pollution 
151.18  control agency under section 115B.17, or chapter 18D, including 
151.19  related enforcement and compliance efforts under section 115B.17 
151.20  or 115B.18, or chapter 18D, and payment of the state share of 
151.21  the cost of remedial action which may be carried out under a 
151.22  cooperative agreement with the federal government pursuant to 
151.23  the federal Superfund Act, under United States Code, title 42, 
151.24  section 9604(c)(3) for actions related to commercial hazardous 
151.25  waste facilities located under the siting authority of chapter 
151.26  115A; 
151.27     (5) assessment and recovery of natural resource damages by 
151.28  the agency and the commissioner of natural resources, and 
151.29  planning and implementation by the commissioner of natural 
151.30  resources of the rehabilitation, restoration, or acquisition of 
151.31  natural resources to remedy injuries or losses to natural 
151.32  resources resulting from the release of a hazardous 
151.33  substance; before implementing a project to rehabilitate, 
151.34  restore, or acquire natural resources under this clause, the 
151.35  commissioner of natural resources shall provide written notice 
151.36  of the proposed project to the chairs of the senate committee on 
152.1   finance, the house of representatives committee on ways and 
152.2   means, the finance division of the senate committee on 
152.3   environment and natural resources, and the house of 
152.4   representatives committee on environment and natural resources 
152.5   finance; 
152.6      (6) inspection, monitoring, and compliance efforts by the 
152.7   agency, or by political subdivisions with agency approval, of 
152.8   commercial hazardous waste facilities located under the siting 
152.9   authority of chapter 115A; 
152.10     (7) grants by the agency or the office of environmental 
152.11  assistance to demonstrate alternatives to land disposal of 
152.12  hazardous waste including reduction, separation, pretreatment, 
152.13  processing and resource recovery, for education of persons 
152.14  involved in regulating and handling hazardous waste; 
152.15     (8) intervention and environmental mediation by the 
152.16  legislative commission on waste management under chapter 115A; 
152.17     (9) grants by the agency to study the extent of 
152.18  contamination and feasibility of cleanup of hazardous substances 
152.19  and pollutants or contaminants in major waterways of the state; 
152.20     (10) (5) acquisition of a property interest under section 
152.21  115B.17, subdivision 15; 
152.22     (11) (6) reimbursement, in an amount to be determined by 
152.23  the agency in each case, to a political subdivision that is not 
152.24  a responsible person under section 115B.03, for reasonable and 
152.25  necessary expenditures resulting from an emergency caused by a 
152.26  release or threatened release of a hazardous substance, 
152.27  pollutant, or contaminant; and 
152.28     (12) (7) reimbursement to a political subdivision for 
152.29  expenditures in excess of the liability limit under section 
152.30  115B.04, subdivision 4. 
152.31     Subd. 3.  [LIMIT ON CERTAIN EXPENDITURES.] The commissioner 
152.32  of agriculture or the pollution control agency or the agency may 
152.33  not spend any money under subdivision 2, clause (2) or (4), for 
152.34  removal or remedial actions to the extent that the costs of 
152.35  those actions may be compensated from any fund established under 
152.36  the Federal Superfund Act, United States Code, title 42, section 
153.1   9600 et seq.  The commissioner of agriculture or the pollution 
153.2   control agency or the agency shall determine the extent to which 
153.3   any of the costs of those actions may be compensated under the 
153.4   federal act based on the likelihood that the compensation will 
153.5   be available in a timely fashion.  In making this determination 
153.6   the commissioner of agriculture or the pollution control agency 
153.7   or the agency shall take into account:  
153.8      (1) the urgency of the removal or remedial actions and the 
153.9   priority assigned under the Federal Superfund Act to the release 
153.10  which necessitates those actions; 
153.11     (2) the availability of money in the funds established 
153.12  under the Federal Superfund Act; and 
153.13     (3) the consistency of any compensation for the cost of the 
153.14  proposed actions under the Federal Superfund Act with the 
153.15  national contingency plan, if such a plan has been adopted under 
153.16  that act.  
153.17     Subd. 4.  [REVENUE SOURCES.] Revenue from the following 
153.18  sources shall be deposited in the account: 
153.19     (1) the proceeds of the taxes imposed pursuant to section 
153.20  115B.22, including interest and penalties; 
153.21     (2) all money recovered by the state under sections 115B.01 
153.22  to 115B.18 or under any other statute or rule related to the 
153.23  regulation of hazardous waste or hazardous substances, including 
153.24  civil penalties and money paid under any agreement, stipulation 
153.25  or settlement but excluding fees imposed under section 116.12; 
153.26     (3) all interest attributable to investment of money 
153.27  deposited in the account; and 
153.28     (4) all money received in the form of gifts, grants, 
153.29  reimbursement or appropriation from any source for any of the 
153.30  purposes provided in subdivision 2, except federal grants.  
153.31     Subd. 5.  [RECOMMENDATION.] The legislative commission on 
153.32  waste management and the commissioner of agriculture shall make 
153.33  recommendations to the standing legislative committees on 
153.34  finance and appropriations regarding appropriations from the 
153.35  account.  
153.36     Subd. 6.  [REPORT TO LEGISLATURE.] Each year, the 
154.1   commissioner of agriculture and the agency shall submit to the 
154.2   senate finance committee, the house ways and means committee, 
154.3   the environment and natural resources committees of the senate 
154.4   and house of representatives, the finance division of the senate 
154.5   committee on environment and natural resources, and the house of 
154.6   representatives committee on environment and natural resources 
154.7   finance, and the environmental quality board a report detailing 
154.8   the activities for which money from the account has been spent 
154.9   pursuant to this section during the previous fiscal year. 
154.10     Sec. 15.  Minnesota Statutes 2000, section 115B.22, 
154.11  subdivision 7, is amended to read: 
154.12     Subd. 7.  [DISPOSITION OF PROCEEDS.] After reimbursement to 
154.13  the department of revenue for costs incurred in administering 
154.14  sections 115B.22 and 115B.24, the proceeds of the taxes imposed 
154.15  under this section including any interest and penalties shall be 
154.16  deposited in the environmental response, compensation, and 
154.17  compliance account fund. 
154.18     Sec. 16.  Minnesota Statutes 2000, section 115B.25, 
154.19  subdivision 1a, is amended to read: 
154.20     Subd. 1a.  [ACCOUNT FUND.] Except when another fund or 
154.21  account is specified, "account fund" means the environmental 
154.22  response, compensation, and compliance account remediation fund 
154.23  established in section 115B.20 116.155. 
154.24     Sec. 17.  Minnesota Statutes 2000, section 115B.25, 
154.25  subdivision 4, is amended to read: 
154.26     Subd. 4.  [ELIGIBLE PERSON.] "Eligible person" means a 
154.27  person who is eligible to file a claim with the account fund 
154.28  under section 115B.29. 
154.29     Sec. 18.  Minnesota Statutes 2000, section 115B.26, is 
154.30  amended to read: 
154.31     115B.26 [HARMFUL SUBSTANCE COMPENSATION ACCOUNT PAYMENT OF 
154.32  CLAIMS.] 
154.33     Subd. 2.  [APPROPRIATION.] The amount necessary to pay 
154.34  claims of compensation granted by the agency under sections 
154.35  115B.25 to 115B.37 is must be directly appropriated to the 
154.36  agency from the account fund by the legislature. 
155.1      Subd. 3.  [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If 
155.2   the amount of the claims granted exceeds the amount in the 
155.3   account, the board shall request a transfer from the general 
155.4   contingent account to the harmful substance compensation account 
155.5   as provided in section 3.30.  If no transfer is approved, the 
155.6   board shall pay the claims which have been granted in the order 
155.7   granted only to the extent of the money remaining in the 
155.8   account.  The board shall pay the remaining claims which have 
155.9   been granted after additional money is credited to the account. 
155.10     Subd. 4.  [ACCOUNT TRANSFER REQUEST.] At the end of each 
155.11  fiscal year, the board shall submit a request to the petroleum 
155.12  tank release compensation board for transfer to the harmful 
155.13  substance compensation account fund from the petroleum tank 
155.14  release cleanup fund under section 115C.08, subdivision 5, of an 
155.15  amount equal to the compensation granted by the board for claims 
155.16  related to petroleum releases plus administrative costs related 
155.17  to determination of those claims. 
155.18     Sec. 19.  Minnesota Statutes 2000, section 115B.30, is 
155.19  amended to read: 
155.20     115B.30 [ELIGIBLE INJURY AND DAMAGE.] 
155.21     Subdivision 1.  [ELIGIBLE PERSONAL INJURY.] (a) A personal 
155.22  injury which could reasonably have resulted from exposure to a 
155.23  harmful substance released from a facility where it was placed 
155.24  or came to be located is eligible for compensation from 
155.25  the account fund if:  
155.26     (1) it is a medically verified chronic or progressive 
155.27  disease, illness, or disability such as cancer, organic nervous 
155.28  system disorders, or physical deformities, including 
155.29  malfunctions in reproduction, in humans or their offspring, or 
155.30  death; or 
155.31     (2) it is a medically verified acute disease or condition 
155.32  that typically manifests itself rapidly after a single exposure 
155.33  or limited exposures and the persons responsible for the release 
155.34  of the harmful substance are unknown or cannot with reasonable 
155.35  diligence be determined or located or a judgment would not be 
155.36  satisfied in whole or in part against the persons determined to 
156.1   be responsible for the release of the harmful substance.  
156.2      (b) A personal injury is not compensable from the account 
156.3   if: 
156.4      (1) the injury is compensable under the workers' 
156.5   compensation law, chapter 176; 
156.6      (2) the injury arises out of the claimant's use of a 
156.7   consumer product; 
156.8      (3) the injury arises out of an exposure that occurred or 
156.9   is occurring outside the geographical boundaries of the state; 
156.10     (4) the injury results from the release of a harmful 
156.11  substance for which the claimant is a responsible person; or 
156.12     (5) the injury is an acute disease or condition other than 
156.13  one described in paragraph (a). 
156.14     Subd. 2.  [ELIGIBLE PROPERTY DAMAGE.] Damage to real 
156.15  property in Minnesota owned by the claimant is eligible for 
156.16  compensation from the account fund if the damage results from 
156.17  the presence in or on the property of a harmful substance 
156.18  released from a facility where it was placed or came to be 
156.19  located.  Damage to property is not eligible for compensation 
156.20  from the account fund if it results from the release of a 
156.21  harmful substance for which the claimant is a responsible person.
156.22     Subd. 3.  [TIME FOR FILING CLAIM.] (a) A claim is not 
156.23  eligible for compensation from the account fund unless it is 
156.24  filed with the board within the time provided in this 
156.25  subdivision. 
156.26     (b) A claim for compensation for personal injury must be 
156.27  filed within two years after the injury and its connection to 
156.28  exposure to a harmful substance was or reasonably should have 
156.29  been discovered. 
156.30     (c) A claim for compensation for property damage must be 
156.31  filed within two years after the full amount of compensable 
156.32  losses can be determined. 
156.33     (d) Notwithstanding the provisions of this subdivision, 
156.34  claims for compensation that would otherwise be barred by any 
156.35  statute of limitations provided in sections 115B.25 to 115B.37 
156.36  may be filed not later than January 1, 1992. 
157.1      Sec. 20.  Minnesota Statutes 2000, section 115B.31, 
157.2   subdivision 1, is amended to read: 
157.3      Subdivision 1.  [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 
157.4   CERTAIN CASES.] (a) A person who has settled a claim for an 
157.5   eligible injury or eligible property damage with a responsible 
157.6   person, either before or after bringing an action in court for 
157.7   that injury or damage, may not file a claim with the account 
157.8   fund for the same injury or damage.  A person who has received a 
157.9   favorable judgment in a court action for an eligible injury or 
157.10  eligible property damage may not file a claim with the account 
157.11  for the same injury or damage, unless the judgment cannot be 
157.12  satisfied in whole or in part against the persons responsible 
157.13  for the release of the harmful substance.  A person who has 
157.14  filed a claim with the board may not file another claim with the 
157.15  board for the same eligible injury or damage, unless the claim 
157.16  was inactivated by the board as provided in section 115B.32, 
157.17  subdivision 1. 
157.18     (b) A person who has filed a claim with the board for an 
157.19  eligible injury or damage, and who has received and accepted an 
157.20  award from the board, is precluded from bringing an action in 
157.21  court for the same eligible injury or damage.  
157.22     (c) A person who files a claim with the board for personal 
157.23  injury or property damage must include all known claims eligible 
157.24  for compensation in one proceeding before the board. 
157.25     Sec. 21.  Minnesota Statutes 2000, section 115B.31, 
157.26  subdivision 3, is amended to read: 
157.27     Subd. 3.  [SUBROGATION BY STATE.] The state is subrogated 
157.28  to all the claimant's rights under statutory or common law to 
157.29  recover losses compensated from the account fund from other 
157.30  sources, including responsible persons as defined in section 
157.31  115B.03.  The state may bring a subrogation action in its own 
157.32  name or in the name of the claimant.  The state may not bring a 
157.33  subrogation action against a person who was a party in a court 
157.34  action by the claimant for the same eligible injury or damage, 
157.35  unless the claimant dismissed the action prior to trial.  Money 
157.36  recovered by the state under this subdivision must be deposited 
158.1   in the account fund.  Nothing in sections 115B.25 to 115B.37 
158.2   shall be construed to create a standard of recovery in a 
158.3   subrogation action.  
158.4      Sec. 22.  Minnesota Statutes 2000, section 115B.31, 
158.5   subdivision 4, is amended to read: 
158.6      Subd. 4.  [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 
158.7   A claimant may not commence a court action to recover for any 
158.8   injury or damage for which the claimant seeks compensation from 
158.9   the account fund during the time that a claim is pending before 
158.10  the board.  A person may not file a claim with the board for 
158.11  compensation for any injury or damage for which the claimant 
158.12  seeks to recover in a pending court action.  The time for filing 
158.13  a claim under section 115B.30 or the statute of limitations for 
158.14  any civil action is suspended during the period of time that a 
158.15  claimant is precluded from filing a claim or commencing an 
158.16  action under this subdivision. 
158.17     Sec. 23.  Minnesota Statutes 2000, section 115B.32, 
158.18  subdivision 1, is amended to read: 
158.19     Subdivision 1.  [FORM.] A claim for compensation from 
158.20  the account fund must be filed with the board in the form 
158.21  required by the board.  When a claim does not include all the 
158.22  information required by subdivision 2 and applicable board 
158.23  rules, the board staff shall notify the claimant of the absence 
158.24  of the required information within 14 days of the filing of the 
158.25  claim.  All required information must be received by the board 
158.26  not later than 60 days after the claimant received notice of its 
158.27  absence or the claim will be inactivated and may not be 
158.28  resubmitted for at least one year following the date of 
158.29  inactivation.  The board may decide not to inactivate a claim 
158.30  under this subdivision if it finds serious extenuating 
158.31  circumstances. 
158.32     Sec. 24.  Minnesota Statutes 2000, section 115B.33, 
158.33  subdivision 1, is amended to read: 
158.34     Subdivision 1.  [STANDARD FOR PERSONAL INJURY.] The board 
158.35  shall grant compensation to a claimant who shows that it is more 
158.36  likely than not that: 
159.1      (1) the claimant suffers a medically verified injury that 
159.2   is eligible for compensation from the account fund and that has 
159.3   resulted in a compensable loss; 
159.4      (2) the claimant has been exposed to a harmful substance; 
159.5      (3) the release of the harmful substance from a facility 
159.6   where the substance was placed or came to be located could 
159.7   reasonably have resulted in the claimant's exposure to the 
159.8   substance in the amount and duration experienced by the 
159.9   claimant; and 
159.10     (4) the injury suffered by the claimant can be caused or 
159.11  significantly contributed to by exposure to the harmful 
159.12  substance in an amount and duration experienced by the claimant. 
159.13     Sec. 25.  Minnesota Statutes 2000, section 115B.34, is 
159.14  amended to read: 
159.15     115B.34 [COMPENSABLE LOSSES.] 
159.16     Subdivision 1.  [PERSONAL INJURY LOSSES.] Losses 
159.17  compensable by the account fund for personal injury are limited 
159.18  to: 
159.19     (1) medical expenses directly related to the claimant's 
159.20  injury; 
159.21     (2) up to two-thirds of the claimant's lost wages not to 
159.22  exceed $2,000 per month or $24,000 per year; 
159.23     (3) up to two-thirds of a self-employed claimant's lost 
159.24  income, not to exceed $2,000 per month or $24,000 per year; 
159.25     (4) death benefits to dependents which the board shall 
159.26  define by rule subject to the following conditions: 
159.27     (i) the rule adopted by the board must establish a schedule 
159.28  of benefits similar to that established by section 176.111 and 
159.29  must not provide for the payment of benefits to dependents other 
159.30  than those dependents defined in section 176.111; 
159.31     (ii) the total benefits paid to all dependents of a 
159.32  claimant must not exceed $2,000 per month; 
159.33     (iii) benefits paid to a spouse and all dependents other 
159.34  than children must not continue for a period longer than ten 
159.35  years; 
159.36     (iv) payment of benefits is subject to the limitations of 
160.1   section 115B.36; and 
160.2      (5) the value of household labor lost due to the claimant's 
160.3   injury or disease, which must be determined in accordance with a 
160.4   schedule established by the board by rule, not to exceed $2,000 
160.5   per month or $24,000 per year. 
160.6      Subd. 2.  [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 
160.7   by the account fund for property damage are limited to the 
160.8   following losses caused by damage to the principal residence of 
160.9   the claimant: 
160.10     (1) the reasonable cost of replacing or decontaminating the 
160.11  primary source of drinking water for the property not to exceed 
160.12  the amount actually expended by the claimant or assessed by a 
160.13  local taxing authority, if the department of health has 
160.14  confirmed that the remedy provides safe drinking water and 
160.15  advised that the water not be used for drinking or determined 
160.16  that the replacement or decontamination of the source of 
160.17  drinking water was necessary, up to a maximum of $25,000; 
160.18     (2) losses incurred as a result of a bona fide sale of the 
160.19  property at less than the appraised market value under 
160.20  circumstances that constitute a hardship to the owner, limited 
160.21  to 75 percent of the difference between the appraised market 
160.22  value and the selling price, but not to exceed $25,000; and 
160.23     (3) losses incurred as a result of the inability of an 
160.24  owner in hardship circumstances to sell the property due to the 
160.25  presence of harmful substances, limited to the increase in costs 
160.26  associated with the need to maintain two residences, but not to 
160.27  exceed $25,000.  
160.28     (b) In computation of the loss under paragraph (a), clause 
160.29  (3), the board shall offset the loss by the amount of any income 
160.30  received by the claimant from the rental of the property.  
160.31     (c) For purposes of paragraph (a), the following 
160.32  definitions apply: 
160.33     (1) "appraised market value" means an appraisal of the 
160.34  market value of the property disregarding any decrease in value 
160.35  caused by the presence of a harmful substance in or on the 
160.36  property; and 
161.1      (2) "hardship" means an urgent need to sell the property 
161.2   based on a special circumstance of the owner including 
161.3   catastrophic medical expenses, inability of the owner to 
161.4   physically maintain the property due to a physical or mental 
161.5   condition, and change of employment of the owner or other member 
161.6   of the owner's household requiring the owner to move to a 
161.7   different location. 
161.8      (d) Appraisals are subject to board approval.  The board 
161.9   may adopt rules governing approval of appraisals, criteria for 
161.10  establishing a hardship, and other matters necessary to 
161.11  administer this subdivision. 
161.12     Sec. 26.  Minnesota Statutes 2000, section 115B.36, is 
161.13  amended to read: 
161.14     115B.36 [AMOUNT AND FORM OF PAYMENT.] 
161.15     If the board decides to grant compensation, it shall 
161.16  determine the net uncompensated loss payable to the claimant by 
161.17  computing the total amount of compensable losses payable to the 
161.18  claimant and subtracting the total amount of any compensation 
161.19  received by the claimant for the same injury or damage from 
161.20  other sources including, but not limited to, all forms of 
161.21  insurance and social security and any emergency award made by 
161.22  the board.  The board shall pay compensation in the amount of 
161.23  the net uncompensated loss, provided that no claimant may 
161.24  receive more than $250,000.  In the case of a death, the total 
161.25  amount paid to all persons on behalf of the claimant may not 
161.26  exceed $250,000. 
161.27     Compensation from the account fund may be awarded in a lump 
161.28  sum or in installments at the discretion of the board. 
161.29     Sec. 27.  Minnesota Statutes 2000, section 115B.40, 
161.30  subdivision 4, is amended to read: 
161.31     Subd. 4.  [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 
161.32  DUTIES.] (a) The owner or operator of a qualified facility that 
161.33  is not subject to a cleanup order shall: 
161.34     (1) complete closure activities at the facility, or enter 
161.35  into a binding agreement with the commissioner to do so, as 
161.36  provided in paragraph (e), within one year from the date the 
162.1   owner or operator is notified by the commissioner under 
162.2   subdivision 3 of the closure activities that are necessary to 
162.3   properly close the facility in compliance with facility's 
162.4   permit, closure orders, or enforcement agreement with the 
162.5   agency, and with the solid waste rules in effect at the time the 
162.6   facility stopped accepting waste; 
162.7      (2) undertake or continue postclosure care at the facility 
162.8   until the date of notice of compliance under subdivision 7; 
162.9      (3) in the case of qualified facilities defined in section 
162.10  115B.39, subdivision 2, paragraph (l), clause (1), transfer to 
162.11  the commissioner of revenue for deposit in the solid waste 
162.12  remediation fund established in section 115B.42 116.155 any 
162.13  funds required for proof of financial responsibility under 
162.14  section 116.07, subdivision 4h, that remain after facility 
162.15  closure and any postclosure care and response action undertaken 
162.16  by the owner or operator at the facility including, if proof of 
162.17  financial responsibility is provided through a letter of credit 
162.18  or other financial instrument or mechanism that does not 
162.19  accumulate money in an account, the amount that would have 
162.20  accumulated had the owner or operator utilized a trust fund, 
162.21  less any amount used for closure, postclosure care, and response 
162.22  action at the facility; and 
162.23     (4) in the case of qualified facilities defined in section 
162.24  115B.39, subdivision 2, paragraph (l), clause (2), transfer to 
162.25  the commissioner of revenue for deposit in the solid waste 
162.26  remediation fund established in section 115B.42 116.155 an 
162.27  amount of cash that is equal to the sum of their approved 
162.28  current contingency action cost estimate and the present value 
162.29  of their approved estimated remaining postclosure care costs 
162.30  required for proof of financial responsibility under section 
162.31  116.07, subdivision 4h. 
162.32     (b) The owner or operator of a qualified facility that is 
162.33  not subject to a cleanup order shall:  
162.34     (1) in the case of qualified facilities defined in section 
162.35  115B.39, subdivision 2, paragraph (l), clause (1), provide the 
162.36  commissioner with a copy of all applicable comprehensive general 
163.1   liability insurance policies and other liability policies 
163.2   relating to property damage, certificates, or other evidence of 
163.3   insurance coverage held during the life of the facility; and 
163.4      (2) enter into a binding agreement with the commissioner to:
163.5      (i) in the case of qualified facilities defined in section 
163.6   115B.39, subdivision 2, paragraph (l), clause (1), take any 
163.7   actions necessary to preserve the owner or operator's rights to 
163.8   payment or defense under insurance policies included in clause 
163.9   (1); cooperate with the commissioner in asserting claims under 
163.10  the policies; and, within 60 days of a request by the 
163.11  commissioner, but no earlier than July 1, 1996, assign only 
163.12  those rights under the policies related to environmental 
163.13  response costs; 
163.14     (ii) cooperate with the commissioner or other persons 
163.15  acting at the direction of the commissioner in taking additional 
163.16  environmental response actions necessary to address releases or 
163.17  threatened releases and to avoid any action that interferes with 
163.18  environmental response actions, including allowing entry to the 
163.19  property and to the facility's records and allowing entry and 
163.20  installation of equipment; and 
163.21     (iii) refrain from developing or altering the use of 
163.22  property described in any permit for the facility except after 
163.23  consultation with the commissioner and in conformance with any 
163.24  conditions established by the commissioner for that property, 
163.25  including use restrictions, to protect public health and welfare 
163.26  and the environment. 
163.27     (c) The owner or operator of a qualified facility defined 
163.28  in section 115B.39, subdivision 2, paragraph (l), clause (1), 
163.29  that is a political subdivision may use a portion of any funds 
163.30  established for response at the facility, which are available 
163.31  directly or through a financial instrument or other financial 
163.32  arrangement, for closure or postclosure care at the facility if 
163.33  funds available for closure or postclosure care are inadequate 
163.34  and shall assign the rights to any remainder to the commissioner.
163.35     (d) The agreement required in paragraph (b), clause (2), 
163.36  must be in writing and must apply to and be binding upon the 
164.1   successors and assigns of the owner.  The owner shall record the 
164.2   agreement, or a memorandum approved by the commissioner that 
164.3   summarizes the agreement, with the county recorder or registrar 
164.4   of titles of the county where the property is located. 
164.5      (e) A binding agreement entered into under paragraph (a), 
164.6   clause (1), may include a provision that the owner or operator 
164.7   will reimburse the commissioner for the costs of closing the 
164.8   facility to the standard required in that clause. 
164.9      Sec. 28.  Minnesota Statutes 2000, section 115B.41, 
164.10  subdivision 1, is amended to read: 
164.11     Subdivision 1.  [ALLOCATION AND RECOVERY OF COSTS.] (a) A 
164.12  person who is subject to the requirements in section 115B.40, 
164.13  subdivision 4 or 5, paragraph (b), is responsible for all 
164.14  environmental response costs incurred by the commissioner at or 
164.15  related to the facility until the date of notice of compliance 
164.16  under section 115B.40, subdivision 7.  The commissioner may use 
164.17  any funds available for closure, postclosure care, and response 
164.18  action established by the owner or operator.  If those funds are 
164.19  insufficient or if the owner or operator fails to assign rights 
164.20  to them to the commissioner, the commissioner may seek recovery 
164.21  of environmental response costs against the owner or operator in 
164.22  the county of Ramsey or in the county where the facility is 
164.23  located or where the owner or operator resides.  
164.24     (b) In an action brought under this subdivision in which 
164.25  the commissioner prevails, the court shall award the 
164.26  commissioner reasonable attorney fees and other litigation 
164.27  expenses incurred by the commissioner to bring the action.  All 
164.28  costs, fees, and expenses recovered under this subdivision must 
164.29  be deposited in the solid waste remediation fund established in 
164.30  section 115B.42 116.155. 
164.31     Sec. 29.  Minnesota Statutes 2000, section 115B.41, 
164.32  subdivision 2, is amended to read: 
164.33     Subd. 2.  [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All 
164.34  environmental response costs, including administrative and legal 
164.35  expenses, incurred by the commissioner at a qualified facility 
164.36  before the date of notice of compliance under section 115B.40, 
165.1   subdivision 7, constitute a lien in favor of the state upon any 
165.2   real property located in the state, other than homestead 
165.3   property, owned by the owner or operator who is subject to the 
165.4   requirements of section 115B.40, subdivision 4 or 5.  A lien 
165.5   under this subdivision attaches when the environmental response 
165.6   costs are first incurred and continues until the lien is 
165.7   satisfied or becomes unenforceable as for an environmental lien 
165.8   under section 514.672.  Notice, filing, and release of the lien 
165.9   are governed by sections 514.671 to 514.676, except where those 
165.10  requirements specifically are related to only cleanup action 
165.11  expenses as defined in section 514.671.  Relative priority of a 
165.12  lien under this subdivision is governed by section 514.672, 
165.13  except that a lien attached to property that was included in any 
165.14  permit for the solid waste disposal facility takes precedence 
165.15  over all other liens regardless of when the other liens were or 
165.16  are perfected.  Amounts received to satisfy all or a part of a 
165.17  lien must be deposited in the solid waste remediation fund. 
165.18     Sec. 30.  Minnesota Statutes 2000, section 115B.41, 
165.19  subdivision 3, is amended to read: 
165.20     Subd. 3.  [LOCAL GOVERNMENT AID; OFFSET.] If an owner or 
165.21  operator fails to comply with section 115B.40, subdivision 4, or 
165.22  5, paragraph (b), fails to remit payment of environmental 
165.23  response costs incurred by the commissioner before the date of 
165.24  notice of compliance under section 115B.40, subdivision 7, and 
165.25  is a local government unit, the commissioner may seek payment of 
165.26  the costs from any state aid payments, except payments made 
165.27  under section 115A.557, subdivision 1, otherwise due the local 
165.28  government unit.  The commissioner of revenue, after being 
165.29  notified by the commissioner that the local government unit has 
165.30  failed to pay the costs and the amount due, shall pay an annual 
165.31  proportionate amount of the state aid payment otherwise payable 
165.32  to the local government unit into the solid waste remediation 
165.33  fund that will, over a period of no more than five years, 
165.34  satisfy the liability of the local government unit for the costs.
165.35     Sec. 31.  Minnesota Statutes 2000, section 115B.42, 
165.36  subdivision 2, is amended to read: 
166.1      Subd. 2.  [EXPENDITURES.] Money in the fund may be spent by 
166.2   The commissioner may use money appropriated from the remediation 
166.3   fund under section 116.155, subdivision 2, paragraph (a), clause 
166.4   (2), to: 
166.5      (1) inspect permitted mixed municipal solid waste disposal 
166.6   facilities to: 
166.7      (i) evaluate the adequacy of final cover, slopes, 
166.8   vegetation, and erosion control; 
166.9      (ii) determine the presence and concentration of hazardous 
166.10  substances, pollutants or contaminants, and decomposition gases; 
166.11  and 
166.12     (iii) determine the boundaries of fill areas; 
166.13     (2) monitor and take, or reimburse others for, 
166.14  environmental response actions, including emergency response 
166.15  actions, at qualified facilities; 
166.16     (3) acquire and dispose of property under section 115B.412, 
166.17  subdivision 3; 
166.18     (4) recover costs under section 115B.39; 
166.19     (5) administer, including providing staff and 
166.20  administrative support for, sections 115B.39 to 115B.445; 
166.21     (6) enforce sections 115B.39 to 115B.445; 
166.22     (7) subject to appropriation, administer the agency's 
166.23  groundwater and solid waste management programs; 
166.24     (8) pay for private water supply well monitoring and health 
166.25  assessment costs of the commissioner of health in areas affected 
166.26  by unpermitted mixed municipal solid waste disposal facilities; 
166.27     (9) (8) reimburse persons under section 115B.43; 
166.28     (10) (9) reimburse mediation expenses up to a total of 
166.29  $250,000 annually or defense costs up to a total of $250,000 
166.30  annually for third-party claims for response costs under state 
166.31  or federal law as provided in section 115B.414; and 
166.32     (11) (10) perform environmental assessments, up to 
166.33  $1,000,000, at unpermitted mixed municipal solid waste disposal 
166.34  facilities. 
166.35     Sec. 32.  Minnesota Statutes 2000, section 115B.421, is 
166.36  amended to read: 
167.1      115B.421 [CLOSED LANDFILL INVESTMENT FUND.] 
167.2      The closed landfill investment fund is established in the 
167.3   state treasury.  The fund consists of money credited to the 
167.4   fund, and interest and other earnings on money in the fund.  The 
167.5   commissioner of finance shall transfer an initial amount of 
167.6   $5,100,000 from the balance in the solid waste environmental 
167.7   fund beginning in fiscal year 2000 2002 and shall continue to 
167.8   transfer $5,100,000 for each following fiscal year, ceasing 
167.9   after 2003.  The fund shall be managed to maximize long-term 
167.10  gain through the state board of investment.  Money in the fund 
167.11  may be spent by the commissioner after fiscal year 2020 in 
167.12  accordance with section 115B.42, subdivision 2, clauses (1) to 
167.13  (6) sections 115B.39 to 115B.444.  
167.14     Sec. 33.  Minnesota Statutes 2000, section 115B.445, is 
167.15  amended to read: 
167.16     115B.445 [DEPOSIT OF PROCEEDS.] 
167.17     All amounts paid to the state by an insurer pursuant to any 
167.18  settlement under section 115B.443 or judgment under section 
167.19  115B.444 must be deposited in the state treasury and credited to 
167.20  the solid waste remediation fund. 
167.21     Sec. 34.  Minnesota Statutes 2000, section 115B.48, 
167.22  subdivision 2, is amended to read: 
167.23     Subd. 2.  [DRYCLEANER ENVIRONMENTAL RESPONSE AND 
167.24  REIMBURSEMENT ACCOUNT; ACCOUNT.] "Drycleaner environmental 
167.25  response and reimbursement account" or "account" means the 
167.26  drycleaner environmental response and reimbursement account that 
167.27  is created in the remediation fund established in 
167.28  section 115B.49 116.155. 
167.29     Sec. 35.  Minnesota Statutes 2000, section 115B.49, 
167.30  subdivision 1, is amended to read: 
167.31     Subdivision 1.  [ESTABLISHMENT.] The drycleaner 
167.32  environmental response and reimbursement account is established 
167.33  as an account in the state treasury remediation fund established 
167.34  in section 116.155. 
167.35     Sec. 36.  Minnesota Statutes 2000, section 115B.49, 
167.36  subdivision 2, is amended to read: 
168.1      Subd. 2.  [REVENUE SOURCES.] Revenue from the following 
168.2   sources must be deposited in the state treasury and credited to 
168.3   the account: 
168.4      (1) the proceeds of the fees imposed by subdivision 4; 
168.5      (2) interest attributable to investment of money in the 
168.6   account; 
168.7      (3) penalties and interest collected under subdivision 4, 
168.8   paragraph (c); and 
168.9      (4) money received by the commissioner for deposit in the 
168.10  account in the form of gifts, grants, and appropriations. 
168.11     Sec. 37.  Minnesota Statutes 2000, section 115B.49, 
168.12  subdivision 3, is amended to read: 
168.13     Subd. 3.  [EXPENDITURES.] (a) Money in the account may only 
168.14  be used: 
168.15     (1) for environmental response costs incurred by the 
168.16  commissioner under section 115B.50, subdivision 1; 
168.17     (2) for reimbursement of amounts spent by the commissioner 
168.18  from the environmental response, compensation, and compliance 
168.19  account for expenses described in clause (1); 
168.20     (3) for reimbursements under section 115B.50, subdivision 
168.21  2; and 
168.22     (4) (3) for administrative costs of the commissioner of 
168.23  revenue. 
168.24     (b) Money in the account is appropriated to the 
168.25  commissioner for the purposes of this subdivision.  The 
168.26  commissioner shall transfer funds to the commissioner of revenue 
168.27  sufficient to cover administrative costs pursuant to paragraph 
168.28  (a), clause (4). 
168.29     Sec. 38.  Minnesota Statutes 2000, section 115B.49, 
168.30  subdivision 4, is amended to read: 
168.31     Subd. 4.  [REGISTRATION; FEES.] (a) The owner or operator 
168.32  of a drycleaning facility shall register on or before October 1 
168.33  of each year with the commissioner of revenue in a manner 
168.34  prescribed by the commissioner of revenue and pay a registration 
168.35  fee for the facility.  The amount of the fee is: 
168.36     (1) $500, for facilities with a full-time equivalence of 
169.1   fewer than five; 
169.2      (2) $1,000, for facilities with a full-time equivalence of 
169.3   five to ten; and 
169.4      (3) $1,500, for facilities with a full-time equivalence of 
169.5   more than ten. 
169.6      (b) A person who sells drycleaning solvents for use by 
169.7   drycleaning facilities in the state shall collect and remit to 
169.8   the commissioner of revenue in a manner prescribed by the 
169.9   commissioner of revenue, on or before the 20th day of the month 
169.10  following the month in which the sales of drycleaning solvents 
169.11  are made, a fee of: 
169.12     (1) $3.50 for each gallon of perchloroethylene sold for use 
169.13  by drycleaning facilities in the state; and 
169.14     (2) 70 cents for each gallon of hydrocarbon-based 
169.15  drycleaning solvent sold for use by drycleaning facilities in 
169.16  the state. 
169.17     (c) To enforce this subdivision, the commissioner of 
169.18  revenue may examine documents, assess and collect fees, conduct 
169.19  investigations, issue subpoenas, grant extensions to file 
169.20  returns and pay fees, impose penalties and interest on the 
169.21  annual registration fee under paragraph (a) and the monthly fee 
169.22  under paragraph (b), abate penalties and interest, and 
169.23  administer appeals, in the manner provided in chapters 270 and 
169.24  289A.  The penalties and interest imposed on taxes under chapter 
169.25  297A apply to the fees imposed under this subdivision.  
169.26  Disclosure of data collected by the commissioner of revenue 
169.27  under this subdivision is governed by chapter 270B. 
169.28     (d) The fees under this subdivision are exempt from section 
169.29  16A.1285.  
169.30     Sec. 39.  Minnesota Statutes 2000, section 116.07, 
169.31  subdivision 4d, is amended to read: 
169.32     Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
169.33  fees in amounts not greater than those necessary to cover the 
169.34  reasonable costs of reviewing and acting upon applications for 
169.35  agency permits and implementing and enforcing the conditions of 
169.36  the permits pursuant to agency rules.  Permit fees shall not 
170.1   include the costs of litigation.  The fee schedule must reflect 
170.2   reasonable and routine permitting, implementation, and 
170.3   enforcement costs.  The agency may impose an additional 
170.4   enforcement fee to be collected for a period of up to two years 
170.5   to cover the reasonable costs of implementing and enforcing the 
170.6   conditions of a permit under the rules of the agency.  Any money 
170.7   collected under this paragraph shall be deposited in the 
170.8   environmental fund. 
170.9      (b) Notwithstanding paragraph (a), and section 16A.1285, 
170.10  subdivision 2, the agency shall collect an annual fee from the 
170.11  owner or operator of all stationary sources, emission 
170.12  facilities, emissions units, air contaminant treatment 
170.13  facilities, treatment facilities, potential air contaminant 
170.14  storage facilities, or storage facilities subject to the 
170.15  requirement to obtain a permit under subchapter V of the federal 
170.16  Clean Air Act, United States Code, title 42, section 7401 et 
170.17  seq., or section 116.081.  The annual fee shall be used to pay 
170.18  for all direct and indirect reasonable costs, including attorney 
170.19  general costs, required to develop and administer the permit 
170.20  program requirements of subchapter V of the federal Clean Air 
170.21  Act, United States Code, title 42, section 7401 et seq., and 
170.22  sections of this chapter and the rules adopted under this 
170.23  chapter related to air contamination and noise.  Those costs 
170.24  include the reasonable costs of reviewing and acting upon an 
170.25  application for a permit; implementing and enforcing statutes, 
170.26  rules, and the terms and conditions of a permit; emissions, 
170.27  ambient, and deposition monitoring; preparing generally 
170.28  applicable regulations; responding to federal guidance; 
170.29  modeling, analyses, and demonstrations; preparing inventories 
170.30  and tracking emissions; and providing information to the public 
170.31  about these activities. 
170.32     (c) The agency shall set fees that: 
170.33     (1) will result in the collection, in the aggregate, from 
170.34  the sources listed in paragraph (b), of an amount not less than 
170.35  $25 per ton of each volatile organic compound; pollutant 
170.36  regulated under United States Code, title 42, section 7411 or 
171.1   7412 (section 111 or 112 of the federal Clean Air Act); and each 
171.2   pollutant, except carbon monoxide, for which a national primary 
171.3   ambient air quality standard has been promulgated; 
171.4      (2) may result in the collection, in the aggregate, from 
171.5   the sources listed in paragraph (b), of an amount not less than 
171.6   $25 per ton of each pollutant not listed in clause (1) that is 
171.7   regulated under this chapter or air quality rules adopted under 
171.8   this chapter; and 
171.9      (3) shall collect, in the aggregate, from the sources 
171.10  listed in paragraph (b), the amount needed to match grant funds 
171.11  received by the state under United States Code, title 42, 
171.12  section 7405 (section 105 of the federal Clean Air Act). 
171.13  The agency must not include in the calculation of the aggregate 
171.14  amount to be collected under clauses (1) and (2) any amount in 
171.15  excess of 4,000 tons per year of each air pollutant from a 
171.16  source.  The increase in air permit fees to match federal grant 
171.17  funds shall be a surcharge on existing fees.  The commissioner 
171.18  may not collect the surcharge after the grant funds become 
171.19  unavailable.  In addition, the commissioner shall use nonfee 
171.20  funds to the extent practical to match the grant funds so that 
171.21  the fee surcharge is minimized. 
171.22     (d) To cover the reasonable costs described in paragraph 
171.23  (b), the agency shall provide in the rules promulgated under 
171.24  paragraph (c) for an increase in the fee collected in each year 
171.25  by the percentage, if any, by which the Consumer Price Index for 
171.26  the most recent calendar year ending before the beginning of the 
171.27  year the fee is collected exceeds the Consumer Price Index for 
171.28  the calendar year 1989.  For purposes of this paragraph the 
171.29  Consumer Price Index for any calendar year is the average of the 
171.30  Consumer Price Index for all-urban consumers published by the 
171.31  United States Department of Labor, as of the close of the 
171.32  12-month period ending on August 31 of each calendar year.  The 
171.33  revision of the Consumer Price Index that is most consistent 
171.34  with the Consumer Price Index for calendar year 1989 shall be 
171.35  used. 
171.36     (e) Any money collected under paragraphs (b) to (d) must be 
172.1   deposited in an air quality account in the environmental fund 
172.2   and must be used solely for the activities listed in paragraph 
172.3   (b).  
172.4      (f) Persons who wish to construct or expand an air emission 
172.5   a facility may offer to reimburse the agency for the costs of 
172.6   staff overtime or consultant services needed to expedite permit 
172.7   review.  The reimbursement shall be in addition to fees imposed 
172.8   by paragraphs (a) to (d) law or rule.  When the agency 
172.9   determines that it needs additional resources to review the 
172.10  permit application in an expedited manner, and that expediting 
172.11  the review would not disrupt air permitting program priorities, 
172.12  the agency may accept the reimbursement.  Reimbursements 
172.13  accepted by the agency are appropriated to the agency for the 
172.14  purpose of reviewing the permit application.  Reimbursement by a 
172.15  permit applicant shall precede and not be contingent upon 
172.16  issuance of a permit and shall not affect the agency's decision 
172.17  on whether to issue or deny a permit, what conditions are 
172.18  included in a permit, or the application of state and federal 
172.19  statutes and rules governing permit determinations. 
172.20     Sec. 40.  Minnesota Statutes 2000, section 116.07, 
172.21  subdivision 4h, is amended to read: 
172.22     Subd. 4h.  [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 
172.23  shall adopt rules requiring the operator or owner of a solid 
172.24  waste disposal facility to submit to the agency proof of the 
172.25  operator's or owner's financial capability to provide reasonable 
172.26  and necessary response during the operating life of the facility 
172.27  and for 30 years after closure for a mixed municipal solid waste 
172.28  disposal facility or for a minimum of 20 years after closure, as 
172.29  determined by agency rules, for any other solid waste disposal 
172.30  facility, and to provide for the closure of the facility and 
172.31  postclosure care required under agency rules.  Proof of 
172.32  financial responsibility is required of the operator or owner of 
172.33  a facility receiving an original permit or a permit for 
172.34  expansion after adoption of the rules.  Within 180 days of the 
172.35  effective date of the rules or by July 1, 1987, whichever is 
172.36  later, proof of financial responsibility is required of an 
173.1   operator or owner of a facility with a remaining capacity of 
173.2   more than five years or 500,000 cubic yards that is in operation 
173.3   at the time the rules are adopted.  Compliance with the rules 
173.4   and the requirements of paragraph (b) is a condition of 
173.5   obtaining or retaining a permit to operate the facility. 
173.6      (b) A municipality, as defined in section 475.51, 
173.7   subdivision 2, including a sanitary district, that owns or 
173.8   operates a solid waste disposal facility that was in operation 
173.9   on May 15, 1989, may meet its financial responsibility for all 
173.10  or a portion of the contingency action portion of the reasonable 
173.11  and necessary response costs at the facility by pledging its 
173.12  full faith and credit to meet its responsibility. 
173.13     The pledge must be made in accordance with the requirements 
173.14  in chapter 475 for issuing bonds of the municipality, and the 
173.15  following additional requirements: 
173.16     (1) The governing body of the municipality shall enact an 
173.17  ordinance that clearly accepts responsibility for the costs of 
173.18  contingency action at the facility and that reserves, during the 
173.19  operating life of the facility and for the time period required 
173.20  in paragraph (a) after closure, a portion of the debt limit of 
173.21  the municipality, as established under section 475.53 or other 
173.22  law, that is equal to the total contingency action costs. 
173.23     (2) The municipality shall require that all collectors that 
173.24  haul to the facility implement a plan for reducing solid waste 
173.25  by using volume-based pricing, recycling incentives, or other 
173.26  means. 
173.27     (3) When a municipality opts to meet a portion of its 
173.28  financial responsibility by relying on its authority to issue 
173.29  bonds, it shall also begin setting aside in a dedicated 
173.30  long-term care trust fund money that will cover a portion of the 
173.31  potential contingency action costs at the facility, the amount 
173.32  to be determined by the agency for each facility based on at 
173.33  least the amount of waste deposited in the disposal facility 
173.34  each year, and the likelihood and potential timing of conditions 
173.35  arising at the facility that will necessitate response action.  
173.36  The agency may not require a municipality to set aside more than 
174.1   five percent of the total cost in a single year. 
174.2      (4) A municipality shall have and consistently maintain an 
174.3   investment grade bond rating as a condition of using bonding 
174.4   authority to meet financial responsibility under this section. 
174.5      (5) The municipality shall file with the commissioner of 
174.6   revenue its consent to have the amount of its contingency action 
174.7   costs deducted from state aid payments otherwise due the 
174.8   municipality and paid instead to the environmental response, 
174.9   compensation, and compliance account remediation fund created in 
174.10  section 115B.20 116.155, if the municipality fails to conduct 
174.11  the contingency action at the facility when ordered by the 
174.12  agency.  If the agency notifies the commissioner that the 
174.13  municipality has failed to conduct contingency action when 
174.14  ordered by the agency, the commissioner shall deduct the amounts 
174.15  indicated by the agency from the state aids in accordance with 
174.16  the consent filed with the commissioner. 
174.17     (6) The municipality shall file with the agency written 
174.18  proof that it has complied with the requirements of paragraph 
174.19  (b). 
174.20     (c) The method for proving financial responsibility under 
174.21  paragraph (b) may not be applied to a new solid waste disposal 
174.22  facility or to expansion of an existing facility, unless the 
174.23  expansion is a vertical expansion.  Vertical expansions of 
174.24  qualifying existing facilities cannot be permitted for a 
174.25  duration of longer than three years. 
174.26     Sec. 41.  [116.155] [REMEDIATION FUND.] 
174.27     Subdivision 1.  [CREATION.] The remediation fund is created 
174.28  as a special revenue fund in the state treasury to provide a 
174.29  reliable source of public money for response and corrective 
174.30  actions to address releases of hazardous substances, pollutants 
174.31  or contaminants, agricultural chemicals, and petroleum, and for 
174.32  environmental response actions at qualified landfill facilities 
174.33  for which the agency has assumed such responsibility, including 
174.34  perpetual care of such facilities.  The specific purposes for 
174.35  which the fund may be spent are provided in subdivision 2. 
174.36     Subd. 2.  [APPROPRIATION.] (a) Money in the remediation 
175.1   fund is appropriated to the agency and the commissioners of 
175.2   agriculture and natural resources for the following purposes: 
175.3      (1) to take actions related to releases of hazardous 
175.4   substances, or pollutants or contaminants, as provided in 
175.5   section 115B.20; 
175.6      (2) to take actions related to releases of hazardous 
175.7   substances, or pollutants or contaminants, at and from qualified 
175.8   landfill facilities as provided in section 115B.42, subdivision 
175.9   2; 
175.10     (3) to provide technical and other assistance under 
175.11  sections 115B.17, subdivision 14; 115B.175 to 115B.179; and 
175.12  115C.03, subdivision 9; 
175.13     (4) to take actions related to certain mixed municipal 
175.14  waste disposal facilities located in the Twin Cities 
175.15  metropolitan area as provided in section 473.845; 
175.16     (5) for corrective actions to address incidents involving 
175.17  agricultural chemicals, including related administrative, 
175.18  enforcement, and cost recovery actions pursuant to chapter 18D; 
175.19  and 
175.20     (6) together with any amount approved for transfer to the 
175.21  agency from the petroleum tank fund by the commissioner of 
175.22  finance, to take actions related to releases of petroleum as 
175.23  provided under section 115C.08. 
175.24     (b) The commissioner of finance shall allocate the amounts 
175.25  available in any biennium to the agency and the commissioners of 
175.26  agriculture and natural resources for the purposes provided in 
175.27  this subdivision based upon work plans submitted by the agency 
175.28  and the commissioners of agriculture and natural resources, and 
175.29  may adjust those allocations upon submittal of revised work 
175.30  plans.  The amount allocated to the commissioner of natural 
175.31  resources for the purposes specified in section 115B.20, 
175.32  subdivision 2, clause (4), shall not exceed the unspent balance 
175.33  of money received for natural resource damages deposited in the 
175.34  remediation fund under section 115B.17, subdivision 7.  Copies 
175.35  of the work plans shall be submitted to the chairs of the 
175.36  environment and environment finance committees of the senate and 
176.1   house of representatives. 
176.2      Subd. 3.  [REVENUES.] The following revenues shall be 
176.3   deposited in the remediation fund: 
176.4      (1) response costs and natural resource damages related to 
176.5   releases of hazardous substances, or pollutants or contaminants, 
176.6   recovered under sections 115B.17, subdivisions 6 and 7; 
176.7   115B.443; 115B.444; 115B.50; 115B.51, or any other law; 
176.8      (2) money paid to the agency or the agriculture department 
176.9   by voluntary parties who have received technical or other 
176.10  assistance under sections 115B.17, subdivision 14; 115B.175 to 
176.11  115B.179; and 115C.03, subdivision 9; 
176.12     (3) all fees collected under section 116C.834; 
176.13     (4) the fee revenue specified in section 473.843, 
176.14  subdivision 2, clause (2); 
176.15     (5) all fees collected under section 115B.49; 
176.16     (6) money received in the form of gifts, grants, 
176.17  reimbursement, or appropriation from any source for any of the 
176.18  purposes provided in subdivision 2, except federal grants; and 
176.19     (7) interest accrued on the fund. 
176.20     Subd. 4.  [OTHER SOURCES OF THE FUND.] The remediation fund 
176.21  also includes money transferred by the legislature from the 
176.22  environmental fund. 
176.23     Sec. 42.  Minnesota Statutes 2000, section 116.994, is 
176.24  amended to read: 
176.25     116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN 
176.26  ACCOUNT ACCOUNTING.] 
176.27     The small business environmental improvement loan account 
176.28  is established in the environmental fund.  Repayments of loans 
176.29  made under section 116.993 must be credited to this account the 
176.30  environmental fund.  This account replaces the small business 
176.31  environmental loan account in Minnesota Statutes 1996, section 
176.32  116.992, and the hazardous waste generator loan account in 
176.33  Minnesota Statutes 1996, section 115B.224.  The account balances 
176.34  and pending repayments from the small business environmental 
176.35  loan account and the hazardous waste generator account will be 
176.36  credited to this new account.  Money deposited in the account 
177.1   fund under section 116.993 is appropriated to the commissioner 
177.2   for loans under this section 116.993. 
177.3      Sec. 43.  Minnesota Statutes 2000, section 116C.834, 
177.4   subdivision 1, is amended to read: 
177.5      Subdivision 1.  [COSTS.] All costs incurred by the state to 
177.6   carry out its responsibilities under the compact and under 
177.7   sections 116C.833 to 116C.843 shall be paid by generators of 
177.8   low-level radioactive waste in this state through fees assessed 
177.9   by the pollution control agency.  Fees may be reasonably 
177.10  assessed on the basis of volume or degree of hazard of the waste 
177.11  produced by a generator.  Costs for which fees may be assessed 
177.12  include, but are not limited to:  
177.13     (1) the state contribution required to join the compact; 
177.14     (2) the expenses of the Commission member and state agency 
177.15  costs incurred to support the work of the Interstate Commission; 
177.16  and 
177.17     (3) regulatory costs. 
177.18     The fees are exempt from section 16A.1285.  
177.19     Sec. 44.  Minnesota Statutes 2000, section 297H.13, 
177.20  subdivision 1, is amended to read: 
177.21     Subdivision 1.  [DEPOSIT OF REVENUES.] The revenues derived 
177.22  from the taxes imposed on waste management services 
177.23  environmental tax under this chapter, less the costs to the 
177.24  department of revenue for administering the tax under this 
177.25  chapter, shall be deposited by the commissioner of revenue in 
177.26  the state treasury. 
177.27     The amounts retained by the department of revenue shall be 
177.28  deposited in a separate revenue department fund which is hereby 
177.29  created.  Money in this fund is hereby appropriated, up to a 
177.30  maximum annual amount of $200,000, to the commissioner of 
177.31  revenue for the costs incurred in administration of the solid 
177.32  waste management tax under this chapter. 
177.33     Sec. 45.  Minnesota Statutes 2000, section 297H.13, 
177.34  subdivision 2, is amended to read: 
177.35     Subd. 2.  [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 
177.36  percent, whichever is greater, of the amounts remitted under 
178.1   this chapter must be credited to the solid waste environmental 
178.2   fund established in section 115B.42 16A.531, subdivision 1. 
178.3      (b) The remainder must be deposited into the general fund. 
178.4      Sec. 46.  [297H.14] [MIXED MUNICIPAL SOLID WASTE PROCESSING 
178.5   TAX CREDIT.] 
178.6      Subdivision 1.  [DEFINITIONS.] (a) "Commissioner" means the 
178.7   commissioner of revenue.  
178.8      (b) "Processed" means mixed municipal solid waste that has 
178.9   been: 
178.10     (1) burned for energy recovery; or 
178.11     (2) processed into usable compost or refuse derived fuel. 
178.12     (c) "Resource recovery facility" has the meaning given it 
178.13  in section 115A.03, subdivision 28.  
178.14     Subd. 2.  [TAX CREDIT.] (a) The commissioner shall pay 
178.15  counties a processing tax credit for each ton of mixed municipal 
178.16  solid waste that is generated in the county and processed at a 
178.17  resource recovery facility located in Minnesota.  The processing 
178.18  tax credit shall be $10 for each ton of mixed municipal solid 
178.19  waste processed.  
178.20     (b) By the last day of October, January, April, and July, 
178.21  each county claiming the credit shall file a claim for payment 
178.22  with the commissioner for the three previous months certifying 
178.23  the number of tons of mixed municipal solid waste that were 
178.24  generated in the county and processed at a resource recovery 
178.25  facility.  The commissioner shall pay the processing tax credits 
178.26  by November 15, February 15, May 15, and August 15 each year.  
178.27     (c) If the total amount for which all counties are eligible 
178.28  in a quarter exceeds the amount available for payment, the 
178.29  commissioner shall make the payments on a pro rata basis.  
178.30     (d) All of the credit received by a county must be used to 
178.31  pay for resource recovery services.  At least 50 percent of the 
178.32  credit received by a county must be used to lower the tipping 
178.33  fee for waste to be processed at a resource recovery facility. 
178.34     Subd. 3.  [EXPIRATION DATE.] The tax credit in subdivision 
178.35  2 expires on July 1, 2005.  For waste delivered to a resource 
178.36  recovery facility from April 1, 2005, to June 30, 2005, a county 
179.1   must submit payment claims by July 31, 2005.  The commissioner 
179.2   shall make the final mixed municipal solid waste processing tax 
179.3   credit payments by August 15, 2005. 
179.4      Sec. 47.  Minnesota Statutes 2000, section 325E.10, 
179.5   subdivision 1, is amended to read: 
179.6      Subdivision 1.  For the purposes of sections 325E.11 to 
179.7   325E.113 325E.112 and this section, the terms defined in this 
179.8   section have the meanings given them. 
179.9      Sec. 48.  Minnesota Statutes 2000, section 325E.112, 
179.10  subdivision 3, is amended to read: 
179.11     Subd. 3.  [EDUCATION PROGRAM.] By June 30 of each year, the 
179.12  commissioner shall estimate the amount of funds available under 
179.13  section 325E.113 that will not be expended for 
179.14  reimbursements under this section and shall transfer all or a 
179.15  portion of the estimated unexpended funds to the office of 
179.16  environmental assistance to cover the costs of educating the 
179.17  public and businesses on the provisions of this section and on 
179.18  proper management of used motor oil, used motor oil filters, and 
179.19  other automotive wastes.  In coordination with the pollution 
179.20  control agency, county solid waste administrators, used motor 
179.21  oil and used motor oil filter collection site operators, and 
179.22  manufacturers and retailers of motor oil and motor oil filters, 
179.23  the director of the office of environmental assistance shall 
179.24  educate the public and businesses on the proper management of 
179.25  used motor oil, used motor oil filters, and other automotive 
179.26  wastes.  As part of the education efforts, the director shall 
179.27  make information available to the public and businesses 
179.28  regarding the proper management of used motor oil, used motor 
179.29  oil filters, and other automotive wastes on the office's World 
179.30  Wide Web page.  The commissioner of the pollution control agency 
179.31  shall also make information regarding the proper management of 
179.32  used motor oil, used motor oil filters, and other automotive 
179.33  wastes available on the agency's World Wide Web page. 
179.34     Sec. 49.  Minnesota Statutes 2000, section 469.175, 
179.35  subdivision 7, is amended to read: 
179.36     Subd. 7.  [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT; 
180.1   RESPONSE ACTIONS.] (a) An authority which is creating or has 
180.2   created a tax increment financing district may establish within 
180.3   the district a hazardous substance subdistrict upon the notice 
180.4   and after the discussion, public hearing, and findings required 
180.5   for approval of or modification to the original plan.  The 
180.6   geographic area of the subdistrict is made up of any parcels in 
180.7   the district designated for inclusion by the municipality or 
180.8   authority that are designated hazardous substance sites, and any 
180.9   additional parcels in the district designated for inclusion that 
180.10  are contiguous to the hazardous substance sites, including 
180.11  parcels that are contiguous to the site except for the 
180.12  interposition of a right-of-way.  Before or at the time of 
180.13  approval of the tax increment financing plan or plan 
180.14  modification providing for the creation of the hazardous 
180.15  substance subdistrict, the authority must make the findings 
180.16  under paragraphs (b) to (d), and set forth in writing the 
180.17  reasons and supporting facts for each. 
180.18     (b) Development or redevelopment of the site, in the 
180.19  opinion of the authority, would not reasonably be expected to 
180.20  occur solely through private investment and tax increment 
180.21  otherwise available, and therefore the hazardous substance 
180.22  district is deemed necessary. 
180.23     (c) Other parcels that are not designated hazardous 
180.24  substance sites are expected to be developed together with a 
180.25  designated hazardous substance site.  
180.26     (d) The subdistrict is not larger than, and the period of 
180.27  time during which increments are elected to be received is not 
180.28  longer than, that which is necessary in the opinion of the 
180.29  authority to provide for the additional costs due to the 
180.30  designated hazardous substance site. 
180.31     (e) Upon request by an authority that has incurred expenses 
180.32  for removal or remedial actions to implement a development 
180.33  response action plan, the attorney general may: 
180.34     (1) bring a civil action on behalf of the authority to 
180.35  recover the expenses, including administrative costs and 
180.36  litigation expenses, under section 115B.04 or other law; or 
181.1      (2) assist the authority in bringing an action as described 
181.2   in clause (1), by providing legal and technical advice, 
181.3   intervening in the action, or other appropriate assistance. 
181.4   The decision to participate in any action to recover expenses is 
181.5   at the discretion of the attorney general. 
181.6      (f) If the attorney general brings an action as provided in 
181.7   paragraph (e), clause (1), the authority shall certify its 
181.8   reasonable and necessary expenses incurred to implement the 
181.9   development response action plan and shall cooperate with the 
181.10  attorney general as required to effectively pursue the action.  
181.11  The certification by the authority is prima facie evidence that 
181.12  the expenses are reasonable and necessary.  The attorney general 
181.13  may deduct litigation expenses incurred by the attorney general 
181.14  from any amounts recovered in an action brought under paragraph 
181.15  (e), clause (1).  The authority shall reimburse the attorney 
181.16  general for litigation expenses not recovered in an action under 
181.17  paragraph (e), clause (1), but only from the additional tax 
181.18  increment required to be used as described in section 469.176, 
181.19  subdivision 4e.  The authority must reimburse the attorney 
181.20  general for litigation expenses incurred to assist in bringing 
181.21  an action under paragraph (e), clause (2), but only from amounts 
181.22  recovered by the authority in an action or, if the amounts are 
181.23  insufficient, from the additional tax increment required to be 
181.24  used as described in section 469.176, subdivision 4e.  All money 
181.25  recovered or paid to the attorney general for litigation 
181.26  expenses under this paragraph shall be paid to the general fund 
181.27  of the state for deposit to the account of the attorney 
181.28  general.  For the purposes of this section, "litigation 
181.29  expenses" means attorney fees and costs of discovery and other 
181.30  preparation for litigation. 
181.31     (g) The authority shall reimburse the pollution control 
181.32  agency for its administrative expenses incurred to review and 
181.33  approve a development action response plan.  The authority must 
181.34  reimburse the pollution control agency for expenses incurred for 
181.35  any services rendered to the attorney general to support the 
181.36  attorney general in actions brought or assistance provided under 
182.1   paragraph (e), but only from amounts recovered by the authority 
182.2   in an action brought under paragraph (e) or from the additional 
182.3   tax increment required to be used as described in section 
182.4   469.176, subdivision 4e.  All money paid to the pollution 
182.5   control agency under this paragraph shall be deposited in the 
182.6   environmental response, compensation and compliance remediation 
182.7   fund. 
182.8      (h) Actions taken by an authority consistent with a 
182.9   development response action plan are deemed to be authorized 
182.10  response actions for the purpose of section 115B.17, subdivision 
182.11  12.  An authority that takes actions consistent with a 
182.12  development response action plan qualifies for the defenses 
182.13  available under sections 115B.04, subdivision 11, and 115B.05, 
182.14  subdivision 9. 
182.15     (i) All money recovered by an authority in an action 
182.16  brought under paragraph (e) in excess of the amounts paid to the 
182.17  attorney general and the pollution control agency must be 
182.18  treated as excess increments and be distributed as provided in 
182.19  section 469.176, subdivision 2, clause (4), to the extent the 
182.20  removal and remedial actions were initially financed with 
182.21  increment revenues. 
182.22     Sec. 50.  Minnesota Statutes 2000, section 473.843, 
182.23  subdivision 2, is amended to read: 
182.24     Subd. 2.  [DISPOSITION OF PROCEEDS.] After reimbursement to 
182.25  the department of revenue for costs incurred in administering 
182.26  this section, The proceeds of the fees imposed under this 
182.27  section, including interest and penalties, must shall be 
182.28  deposited as follows:  
182.29     (1) three-fourths of the proceeds must be deposited in the 
182.30  environmental fund for metropolitan landfill abatement account 
182.31  established for the purposes described in section 473.844; and 
182.32     (2) one-fourth of the proceeds must be deposited in the 
182.33  metropolitan landfill contingency action trust remediation fund 
182.34  established in section 473.845 116.155. 
182.35     Sec. 51.  Minnesota Statutes 2000, section 473.844, 
182.36  subdivision 1, is amended to read: 
183.1      Subdivision 1.  [ESTABLISHMENT; PURPOSES.] The metropolitan 
183.2   landfill abatement account is money in the environmental fund in 
183.3   order for landfill abatement must be used to reduce to the 
183.4   greatest extent feasible and prudent the need for and practice 
183.5   of land disposal of mixed municipal solid waste in the 
183.6   metropolitan area.  The account This money consists of revenue 
183.7   deposited in the account environmental fund under section 
183.8   473.843, subdivision 2, clause (1), and interest earned on 
183.9   investment of this money in the account.  All repayments to 
183.10  loans made under this section must be credited to the 
183.11  account environmental fund.  The landfill abatement money in the 
183.12  account environmental fund may be spent only for purposes of 
183.13  metropolitan landfill abatement as provided in subdivision 1a 
183.14  and only upon appropriation by the legislature. 
183.15     Sec. 52.  Minnesota Statutes 2000, section 473.844, 
183.16  subdivision 1a, is amended to read: 
183.17     Subd. 1a.  [USE OF FUNDS.] (a) The money in the account for 
183.18  landfill abatement may be spent only for the following purposes: 
183.19     (1) assistance to any person for resource recovery projects 
183.20  funded under subdivision 4 or projects to develop and coordinate 
183.21  markets for reusable or recyclable waste materials, including 
183.22  related public education, planning, and technical assistance; 
183.23     (2) grants to counties under section 473.8441; 
183.24     (3) program administration; 
183.25     (4) public education on solid waste reduction and 
183.26  recycling; 
183.27     (5) solid waste research; and 
183.28     (6) grants to multicounty groups for regionwide planning 
183.29  for solid waste management system operations and use of 
183.30  management capacity. 
183.31     (b) The director shall allocate at least 50 percent of the 
183.32  annual revenue received by the account for grants to counties 
183.33  under section 473.8441. 
183.34     Sec. 53.  Minnesota Statutes 2000, section 473.845, 
183.35  subdivision 3, is amended to read: 
183.36     Subd. 3.  [EXPENDITURES FROM THE FUND CONTINGENCY ACTIONS 
184.1   AND REIMBURSEMENT.] Money in the fund may only be appropriated 
184.2   to the agency for expenditure for The agency may use money 
184.3   appropriated to it from the remediation fund established under 
184.4   section 116.155, subdivision 2, paragraph (a), clause (5), for 
184.5   any of the following: 
184.6      (1) to take reasonable and necessary expenses actions for 
184.7   closure and postclosure care of a mixed municipal solid waste 
184.8   disposal facility in the metropolitan area for a 30-year period 
184.9   after closure, if the agency determines that the operator or 
184.10  owner will not take the necessary actions requested by the 
184.11  agency for closure and postclosure in the manner and within the 
184.12  time requested; 
184.13     (2) to take reasonable and necessary response actions and 
184.14  postclosure costs care actions at a mixed municipal solid waste 
184.15  disposal facility in the metropolitan area that has been closed 
184.16  for 30 years in compliance with the closure and postclosure 
184.17  rules of the agency; or 
184.18     (3) reimbursement to reimburse a local government unit for 
184.19  costs incurred over $400,000 under a work plan approved by the 
184.20  commissioner of the agency to remediate methane at a closed 
184.21  disposal facility owned by the local government unit. 
184.22     Sec. 54.  Minnesota Statutes 2000, section 473.845, 
184.23  subdivision 7, is amended to read: 
184.24     Subd. 7.  [RECOVERY OF EXPENSES.] When the agency incurs 
184.25  expenses for response actions at a facility, the agency is 
184.26  subrogated to any right of action which the operator or owner of 
184.27  the facility may have against any other person for the recovery 
184.28  of the expenses.  The attorney general may bring an action to 
184.29  recover amounts spent by the agency under this section from 
184.30  persons who may be liable for them.  Amounts recovered, 
184.31  including money paid under any agreement, stipulation, or 
184.32  settlement must be deposited in the metropolitan landfill 
184.33  contingency action remediation fund created under section 
184.34  116.155.  
184.35     Sec. 55.  Minnesota Statutes 2000, section 473.845, 
184.36  subdivision 8, is amended to read: 
185.1      Subd. 8.  [CIVIL PENALTIES.] The civil penalties of 
185.2   sections 115.071 and 116.072 apply to any person in violation of 
185.3   this section.  All money recovered by the state under any 
185.4   statute or rule related to the regulation of solid waste in the 
185.5   metropolitan area, including civil penalties and money paid 
185.6   under any agreement, stipulation, or settlement, shall be 
185.7   deposited in the fund.  
185.8      Sec. 56.  Minnesota Statutes 2000, section 473.846, is 
185.9   amended to read: 
185.10     473.846 [REPORT TO LEGISLATURE.] 
185.11     The agency and the director shall submit to the senate 
185.12  finance committee, the house ways and means committee, and the 
185.13  environment and natural resources committees of the senate and 
185.14  house of representatives, the finance division of the senate 
185.15  committee on environment and natural resources, and the house of 
185.16  representatives committee on environment and natural resources 
185.17  finance separate reports describing the activities for which 
185.18  money from the for landfill abatement account and contingency 
185.19  action trust fund has been spent under section 473.844.  The 
185.20  agency shall report by November 1 of each year on expenditures 
185.21  during its previous fiscal year.  The director shall report on 
185.22  expenditures during the previous calendar year and must 
185.23  incorporate its report in the report required by section 
185.24  115A.411, due July 1 of each odd-numbered year.  The director 
185.25  shall make recommendations to the environment and natural 
185.26  resources committees of the senate and house of representatives, 
185.27  the finance division of the senate committee on environment and 
185.28  natural resources, and the house of representatives committee on 
185.29  environment and natural resources finance on the future 
185.30  management and use of the metropolitan landfill abatement 
185.31  account. 
185.32     Sec. 57.  [TRANSFER OF FUND BALANCES.] 
185.33     Subdivision 1.  [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
185.34  COMPLIANCE ACCOUNT.] $1,000,000 in the environmental response, 
185.35  compensation, and compliance account is transferred to the 
185.36  environmental fund.  The balance remaining in the environmental 
186.1   response, compensation, and compliance account is transferred to 
186.2   the remediation fund created under Minnesota Statutes, section 
186.3   116.155. 
186.4      Subd. 2.  [SOLID WASTE FUND.] $25,852,000 of the balance of 
186.5   the solid waste fund is transferred to the environmental fund 
186.6   created in Minnesota Statutes, section 16A.531, subdivision 1.  
186.7   Any remaining balance in the solid waste fund is transferred to 
186.8   the remediation fund created under Minnesota Statutes, section 
186.9   116.155. 
186.10     Subd. 3.  [DRYCLEANER ENVIRONMENTAL RESPONSE AND 
186.11  REIMBURSEMENT ACCOUNT.] All amounts remaining in the drycleaner 
186.12  environmental response and reimbursement account are transferred 
186.13  to the drycleaner environmental response and reimbursement 
186.14  account in the remediation fund created under Minnesota 
186.15  Statutes, section 116.155. 
186.16     Subd. 4.  [METROPOLITAN LANDFILL CONTINGENCY ACTION 
186.17  FUND.] All amounts remaining in the metropolitan landfill 
186.18  contingency action fund are transferred to the remediation fund 
186.19  created under Minnesota Statutes, section 116.155. 
186.20     Sec. 58.  [INSTRUCTION TO REVISOR.] 
186.21     (a) The revisor of statutes shall change the name of the 
186.22  "solid waste management tax" created under Minnesota Statutes, 
186.23  chapter 297H, to the "environmental tax" in Minnesota Statutes 
186.24  and Minnesota Rules. 
186.25     (b) The revisor shall delete "parts 7002.0210 to 7002.0310" 
186.26  in Minnesota Rules, parts 7001.0140 and 7001.0180, and "parts 
186.27  7002.0250 and 7002.0310" in Minnesota Rules, part 7020.0505, and 
186.28  insert "Minnesota Statutes, section 116.07." 
186.29     Sec. 59.  [APPROPRIATION.] 
186.30     $12,000,000 in fiscal year 2002 and $12,000,000 in fiscal 
186.31  year 2003 are appropriated from the environmental fund to the 
186.32  commissioner of revenue for mixed municipal solid waste 
186.33  processing tax credits under Minnesota Statutes, section 297H.14.
186.34     Sec. 60.  [REPEALER.] 
186.35     (a) Minnesota Statutes 2000, sections 115B.02, subdivision 
186.36  1a; 115B.19; 115B.22, subdivision 8; 115B.42, subdivision 1; 
187.1   297H.13, subdivisions 3 and 4; 325E.113; and 473.845, 
187.2   subdivisions 1 and 4, are repealed effective July 1, 2001. 
187.3      (b) Minnesota Statutes 2000, section 116.12, is repealed 
187.4   effective January 1, 2002. 
187.5      (c) Minnesota Rules, parts 7002.0210; 7002.0220; 7002.0230; 
187.6   7002.0240; 7002.0250; 7002.0270; 7002.0280; 7002.0290; 
187.7   7002.0300; 7002.0305; and 7002.0310, are repealed. 
187.8      Sec. 61.  [EFFECTIVE DATE.] 
187.9      Sections 1 to 60 are effective July 1, 2001.  Section 46 is 
187.10  effective July 1, 2001, and applies to waste delivered to a 
187.11  resource recovery facility beginning July 1, 2001.