1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for environmental, 
  1.4             natural resource, and agricultural purposes; providing 
  1.5             for regulation of certain activities and practices; 
  1.6             amending Minnesota Statutes 1996, sections 3.737, 
  1.7             subdivisions 1 and 4; 41A.09, subdivision 1a; 84.83, 
  1.8             subdivision 3; 84.871; 84.943, subdivision 3; 86B.415, 
  1.9             by adding a subdivision; 97A.037, subdivision 1; 
  1.10            97A.225, subdivision 1; 97A.245; 103F.155, subdivision 
  1.11            2; 103F.161, subdivision 2; 103G.271, subdivision 6; 
  1.12            115B.175, subdivision 3; and 116.07, subdivision 4h; 
  1.13            Minnesota Statutes 1997 Supplement, sections 17.101, 
  1.14            subdivision 5; 41A.09, subdivision 3a; 84.8205; 84.86, 
  1.15            subdivision 1; 97A.485, subdivision 6; and 115A.916; 
  1.16            proposing coding for new law in Minnesota Statutes, 
  1.17            chapters 32; and 84; repealing Minnesota Statutes 1997 
  1.18            Supplement, section 85.015, subdivision 1c; Laws 1991, 
  1.19            chapter 275, section 3.  
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
  1.22     The sums in the columns headed "APPROPRIATIONS" are 
  1.23  appropriated from the general fund, or another named fund, to 
  1.24  the agencies and for the purposes specified in this act to be 
  1.25  available for the fiscal years indicated for each purpose.  The 
  1.26  figures "1997," "1998," and "1999," where used in this act, mean 
  1.27  that the appropriation or appropriations listed under them are 
  1.28  available for the year ending June 30, 1997, June 30, 1998, or 
  1.29  June 30, 1999, respectively. 
  1.30                          SUMMARY BY FUND
  1.31                                            1998         1999
  1.32  General Fund                      $    9,146,000 $    8,965,000
  2.1                                              APPROPRIATIONS 
  2.2                                          Available for the Year 
  2.3                                              Ending June 30 
  2.4                                             1998         1999 
  2.5   Sec. 2.  POLLUTION CONTROL
  2.6   AGENCY                                   180,000      1,300,000
  2.7   $400,000 in fiscal year 1999 is added 
  2.8   to the appropriation for county feedlot 
  2.9   program grants in Laws 1997, chapter 
  2.10  216, section 2, subdivision 2.  In 
  2.11  fiscal year 1999 delegated counties 
  2.12  shall be eligible to receive a grant of 
  2.13  either:  $40 multiplied by the number 
  2.14  of livestock or poultry farms with 
  2.15  sales greater than $10,000, as reported 
  2.16  in the 1992 Census of Agriculture, 
  2.17  published by the United States Bureau 
  2.18  of Census; or $50 multiplied by the 
  2.19  number of feedlots with greater than 
  2.20  ten animal units, as determined by a 
  2.21  level 2 or level 3 feedlot inventory 
  2.22  conducted in accordance with the 
  2.23  Feedlot Inventory Guidebook published 
  2.24  by the board of water and soil 
  2.25  resources, dated June 1991. 
  2.26  $50,000 in fiscal year 1999 is for the 
  2.27  bioaccumulative residues research 
  2.28  program at the University of 
  2.29  Minnesota-Duluth to analyze fish 
  2.30  contaminants, including researching the 
  2.31  presence of selenium in fish samples.  
  2.32  As a condition of this grant, the 
  2.33  University of Minnesota-Duluth must 
  2.34  submit a work program and submit 
  2.35  semiannual progress reports as provided 
  2.36  in Minnesota Statutes, section 116P.05, 
  2.37  subdivision 2, paragraph (c). 
  2.38  $180,000 in fiscal year 1998 is for the 
  2.39  cost of administering the wastewater 
  2.40  infrastructure program.  This 
  2.41  appropriation is available until June 
  2.42  30, 2002. 
  2.43  $50,000 in fiscal year 1999 is for a 
  2.44  scoping study for a cost-benefit model 
  2.45  to analyze the costs of water quality 
  2.46  standards.  This is a one-time 
  2.47  appropriation. 
  2.48  $500,000 in fiscal year 1999 is for 
  2.49  further investigation of malformed 
  2.50  frogs in Minnesota.  This is a one-time 
  2.51  appropriation. 
  2.52  $300,000 is for expansion of permitting 
  2.53  activities under the federal Clean 
  2.54  Water Act that affect feedlots in 
  2.55  excess of 1,000 animal units. 
  2.56  The appropriation in Laws 1997, chapter 
  2.57  216, section 15, subdivision 14, 
  2.58  paragraph (c), for monitoring and 
  2.59  research regarding the effects of 
  2.60  endocrine-disrupting chemicals is 
  2.61  available until June 30, 2000. 
  2.62  Sec. 3.  ZOOLOGICAL BOARD              1,500,000               
  3.1   $1,500,000 is for zoo operations.  This 
  3.2   is a one-time supplemental 
  3.3   appropriation.  By September 1, 1998, 
  3.4   the board shall report to the governor, 
  3.5   the chair of the senate environment and 
  3.6   agriculture budget division, and the 
  3.7   chair of the house environment, natural 
  3.8   resources and agriculture finance 
  3.9   committee on recommendations to 
  3.10  internally manage the effects of 
  3.11  lowered attendance projections and 
  3.12  methods for improving attendance 
  3.13  forecasting. 
  3.14  Sec. 4.  NATURAL RESOURCES             4,571,000      3,960,000
  3.15  $1,600,000 in fiscal year 1999 is for 
  3.16  flood-related activities in the 
  3.17  division of waters.  $200,000 of this 
  3.18  appropriation is for alternative flood 
  3.19  control measures beneficial to the 
  3.20  environment, such as culvert-downsizing 
  3.21  on man-made waterways and wetland 
  3.22  restoration.  $10,000 of this 
  3.23  appropriation is for a grant to the 
  3.24  Marine-on-St. Croix watershed 
  3.25  management organization for engineering 
  3.26  analysis of flooding problems along 
  3.27  Twin Lake.  Notwithstanding Minnesota 
  3.28  Statutes, section 103F.161, subdivision 
  3.29  2, paragraph (c), this appropriation 
  3.30  may be combined with a flood hazard 
  3.31  mitigation grant previously awarded to 
  3.32  the watershed management organization.  
  3.33  $75,000 of this appropriation is for a 
  3.34  grant under Minnesota Statutes, section 
  3.35  103F.161, to Swift county for 
  3.36  improvements at Lake Oliver.  $75,000 
  3.37  of this appropriation is for a grant to 
  3.38  the city of Willernie under Minnesota 
  3.39  Statutes, section 103F.161, to 
  3.40  forestall erosion from a natural 
  3.41  waterway that threatens residences.  
  3.42  The city shall work with the 
  3.43  commissioner to develop an appropriate 
  3.44  plan for control of the erosion. 
  3.45  $476,000 in fiscal year 1998 is for 
  3.46  sealing inactive wells on state-owned 
  3.47  land.  The commissioner shall determine 
  3.48  project priorities as appropriate based 
  3.49  upon need.  This appropriation is 
  3.50  available until June 30, 2002. 
  3.51  $110,000 in fiscal year 1999 is for 
  3.52  state park operations. 
  3.53  $190,000 in fiscal year 1999 is for 
  3.54  population and habitat objectives of 
  3.55  the nongame wildlife management program.
  3.56  $180,000 in fiscal year 1998 and 
  3.57  $120,000 in fiscal year 1999 is for 
  3.58  increased public involvement in white 
  3.59  pine management planning and to 
  3.60  accelerate white pine management on 
  3.61  state forest lands.  This appropriation 
  3.62  is available until June 30, 1999. 
  3.63  $270,000 in fiscal year 1998 and 
  3.64  $230,000 in fiscal year 1999 is for 
  4.1   improvement of camper safety and 
  4.2   security in state forest campgrounds 
  4.3   and to make repairs to selected state 
  4.4   forest campgrounds. 
  4.5   $250,000 in fiscal year 1999 is for 
  4.6   operational costs related to wildlife 
  4.7   management at the area level. 
  4.8   $250,000 in fiscal year 1999 is for the 
  4.9   interpretation, management, and 
  4.10  monitoring of scientific and natural 
  4.11  areas. 
  4.12  $100,000 in fiscal year 1998 and 
  4.13  $200,000 in fiscal year 1999 is for 
  4.14  technical assistance and grants to 
  4.15  assist local government units and 
  4.16  organizations in the metropolitan area 
  4.17  to acquire and develop natural areas 
  4.18  and greenways. 
  4.19  $300,000 in fiscal year 1999 is for 
  4.20  state trail maintenance and amenities. 
  4.21  $100,000 in fiscal year 1998 and 
  4.22  $200,000 in fiscal year 1999 is for 
  4.23  further work to develop protected water 
  4.24  flow recommendations on Minnesota 
  4.25  streams and for support of river 
  4.26  restoration expertise and its 
  4.27  application to the Whitewater river and 
  4.28  Sandy river. 
  4.29  $2,140,000 in fiscal year 1998 is for 
  4.30  wildlife habitat improvement, wildlife 
  4.31  population surveys, monitoring private 
  4.32  lands cost-sharing for wildlife habitat 
  4.33  and forest stewardship, and project 
  4.34  grants to local governments and native 
  4.35  plant habitats.  Of this amount, 
  4.36  $750,000 is for brush land and forest 
  4.37  habitat renewal for sharp-tailed grouse 
  4.38  and other species of birds dependent on 
  4.39  open brush lands in forest areas by 
  4.40  providing financial and technical 
  4.41  assistance to landowners as well as 
  4.42  brush land renewal on public lands; 
  4.43  $575,000 is for wildlife habitat 
  4.44  improvements through cost-sharing and 
  4.45  technical assistance to private 
  4.46  landowners; $400,000 is for forest 
  4.47  stewardship improvements through 
  4.48  cost-sharing and technical assistance; 
  4.49  and $400,000 is for wildlife population 
  4.50  surveys, monitoring, evaluation, and 
  4.51  constituent surveys.  This 
  4.52  appropriation is available until June 
  4.53  30, 2000. 
  4.54  $200,000 in fiscal year 1998 is added 
  4.55  to the appropriation in Laws 1997, 
  4.56  chapter 216, section 15, subdivision 4, 
  4.57  paragraph (c), clause (4), for the 
  4.58  statewide conservation partners program.
  4.59  $1,000,000 in fiscal year 1998 and 
  4.60  $190,000 in fiscal year 1999 is to 
  4.61  enhance customer service and data 
  4.62  access through the collaborative use of 
  4.63  technology, improve communication with 
  5.1   citizens and stakeholders, and provide 
  5.2   technical assistance and data delivery 
  5.3   to citizens and local government. 
  5.4   $465,000 of this appropriation is for 
  5.5   the Minnesota Environmental/Natural 
  5.6   Resource Electronic Library (MENREL) to 
  5.7   accelerate the development of 
  5.8   integrated and indexed environmental 
  5.9   and geographic data catalogs, 
  5.10  cross-agency search and retrieval, and 
  5.11  content-rich libraries of environmental 
  5.12  data and information.  $725,000 of this 
  5.13  appropriation is for improving citizen 
  5.14  access through the Internet to 
  5.15  environmental and geographic data 
  5.16  including the capability of producing 
  5.17  customized maps and reports. 
  5.18  $30,000 in fiscal year 1998 and 
  5.19  $170,000 in fiscal year 1999 is for 
  5.20  expansion of the "Becoming an Outdoors 
  5.21  Woman Program," and for a position to 
  5.22  coordinate shooting range development 
  5.23  on a statewide basis.  Of this amount, 
  5.24  $35,000 is available to match an equal 
  5.25  amount of nonstate money for shooting 
  5.26  range partnership agreements. 
  5.27  $125,000 in fiscal year 1999 is for 
  5.28  local initiatives grants program 
  5.29  administration. 
  5.30  The appropriation in Laws 1996, chapter 
  5.31  407, section 3, for the Iron Range 
  5.32  off-highway vehicle recreation area is 
  5.33  available until June 30, 2000. 
  5.34  $75,000 in fiscal year 1998 is for a 
  5.35  grant to the St. Croix Valley Heritage 
  5.36  Coalition, Inc. for the St. Croix 
  5.37  Valley Heritage Center. 
  5.38  The appropriation in Laws 1997, chapter 
  5.39  216, section 5, subdivision 4, for 
  5.40  grants to local community forest 
  5.41  ecosystem health programs is available 
  5.42  until June 30, 2000. 
  5.43  $25,000 in fiscal year 1999 is for 
  5.44  promotion and enhanced public awareness 
  5.45  of the RIM critical habitat license 
  5.46  plate program. 
  5.47  Sec. 5.  BOARD OF WATER AND 
  5.48  SOIL RESOURCES                         2,330,000                
  5.49  $1,700,000 in fiscal year 1998 is for 
  5.50  professional and technical services 
  5.51  necessary to administer the RIM and PWP 
  5.52  conservation easement programs.  This 
  5.53  appropriation is available until June 
  5.54  30, 2002.  Any unexpended balance 
  5.55  remaining in this appropriation may be 
  5.56  used for RIM easement acquisition. 
  5.57  $630,000 in fiscal year 1998 is for 
  5.58  professional and technical services to 
  5.59  administer the local government road 
  5.60  replacement program.  This 
  5.61  appropriation is available until June 
  5.62  30, 2002.  Any unexpended balance 
  6.1   remaining in this appropriation may be 
  6.2   used for RIM easement acquisition. 
  6.3   Sec. 6.  AGRICULTURE                     535,000      3,395,000
  6.4   $110,000 in fiscal year 1998 and 
  6.5   $250,000 in fiscal year 1999 is for 
  6.6   expansion of efforts to prevent the 
  6.7   establishment and spread of gypsy moths 
  6.8   in Minnesota. 
  6.9   $25,000 in fiscal year 1998 and 
  6.10  $325,000 in fiscal year 1999 is for a 
  6.11  state meat inspection program. 
  6.12  $75,000 in fiscal year 1999 is for 
  6.13  additional matching funds for the WIC 
  6.14  coupon program. 
  6.15  $25,000 in fiscal year 1999 is for 
  6.16  additional livestock depredation 
  6.17  payments pursuant to Minnesota 
  6.18  Statutes, section 3.737. 
  6.19  Any unencumbered balance from the 
  6.20  appropriation in Laws 1997, chapter 
  6.21  216, section 7, subdivision 4, for 
  6.22  beaver damage control grants for the 
  6.23  first year of the biennium is available 
  6.24  for the second year of the biennium. 
  6.25  $150,000 in fiscal year 1998 is added 
  6.26  to the appropriation in Laws 1997, 
  6.27  chapter 216, section 7, subdivision 4, 
  6.28  to accomplish reform of the federal 
  6.29  milk market order system and for legal 
  6.30  actions opposing the Northeast Dairy 
  6.31  Compact.  This appropriation is 
  6.32  available until June 30, 1999. 
  6.33  $2,000,000 in fiscal year 1999 is added 
  6.34  to the appropriation for dairy 
  6.35  diagnostic teams in Laws 1997, chapter 
  6.36  216, section 7, subdivision 2. 
  6.37  $200,000 in fiscal year 1998 is for 
  6.38  transfer to the value-added 
  6.39  agricultural product revolving fund 
  6.40  under Minnesota Statutes, section 
  6.41  41B.046. 
  6.42  $535,000 in fiscal year 1999 is for a 
  6.43  pilot program to expand the concept of 
  6.44  the Minnesota grown program and is 
  6.45  available until June 30, 2000.  The 
  6.46  program is to assist low-income 
  6.47  families in accessing nutritious and 
  6.48  affordable food and to promote economic 
  6.49  development by creating new markets and 
  6.50  food distribution systems.  $35,000 of 
  6.51  this appropriation is for costs of 
  6.52  administration.  $175,000 of this 
  6.53  appropriation is for payment to the 
  6.54  Sustainable Resources Center for the 
  6.55  costs of administering the pilot 
  6.56  program.  $325,000 of this 
  6.57  appropriation is for food coupons.  The 
  6.58  coupons shall be distributed and 
  6.59  administered according to this section, 
  6.60  subject to the approval of the 
  6.61  commissioner of agriculture. 
  7.1   The Sustainable Resources Center, in 
  7.2   conjunction with the Minnesota food 
  7.3   association, and subject to the 
  7.4   approval of the commissioner of 
  7.5   agriculture, shall select up to two 
  7.6   urban and up to two rural communities 
  7.7   as locations for activities that will 
  7.8   serve as models for sustainable 
  7.9   community food systems.  These 
  7.10  activities shall include but are not 
  7.11  limited to: 
  7.12  (1) conducting food system assessments 
  7.13  in each community to identify assets 
  7.14  and needs; 
  7.15  (2) supporting the creation of producer 
  7.16  distribution networks to establish 
  7.17  direct links to low-income consumers; 
  7.18  and 
  7.19  (3) working with food processing plants 
  7.20  in the selected community to develop 
  7.21  the support services needed to make 
  7.22  entry-level jobs accessible to 
  7.23  low-income people. 
  7.24  During calendar year 1999, the 
  7.25  commissioner of agriculture, within the 
  7.26  funds available, shall issue coupons to 
  7.27  eligible individuals.  The coupons must 
  7.28  be issued in a one-time allocation 
  7.29  designated for use in each month of the 
  7.30  one-year period following the date of 
  7.31  issue.  Eligible individuals may 
  7.32  receive up to $100 in coupons per year, 
  7.33  subject to the limitation that 
  7.34  additional eligible individuals who 
  7.35  reside in the same household may 
  7.36  receive up to $20 in coupons per year, 
  7.37  up to a maximum of $200 per household 
  7.38  per year.  Eligible individuals include 
  7.39  individuals who are residents of the 
  7.40  communities in the pilot project and 
  7.41  are eligible for the Minnesota grown 
  7.42  coupons under this section.  Eligible 
  7.43  individuals include: 
  7.44  (1) legal noncitizens who are eligible 
  7.45  for food programs under Minnesota 
  7.46  Statutes, chapter 256D or 256J; and 
  7.47  (2) individuals receiving food stamps. 
  7.48  The amount of the Minnesota grown 
  7.49  coupons must be excluded as income 
  7.50  under the AFDC, refugee cash 
  7.51  assistance, general assistance, MFIP, 
  7.52  MFIP-R, MFIP-S, food stamp programs, 
  7.53  state housing subsidy programs, 
  7.54  low-income energy assistance programs, 
  7.55  and other programs that do not count 
  7.56  food stamps as income.  Counties must 
  7.57  apply to the commissioner to 
  7.58  participate in the Minnesota grown 
  7.59  coupon program. 
  7.60  The coupons must be clearly labeled as 
  7.61  redeemable only for products licensed 
  7.62  to use the Minnesota grown logo or 
  7.63  labeling statement under Minnesota 
  8.1   Statutes, section 17.102.  Coupons may 
  8.2   be redeemed by farmers, custom meat 
  8.3   processors, community-supported 
  8.4   agriculture farms, and other entities 
  8.5   approved by the commissioner of 
  8.6   agriculture.  The person accepting the 
  8.7   coupon is responsible for its 
  8.8   redemption only on products licensed to 
  8.9   use the Minnesota grown logo or 
  8.10  labeling statement.  The commissioner 
  8.11  must receive and reimburse all valid 
  8.12  coupons redeemed pursuant to this 
  8.13  section. 
  8.14  The commissioner may establish criteria 
  8.15  for vendor eligibility and may enforce 
  8.16  the Minnesota grown coupon program 
  8.17  according to Minnesota Statutes, 
  8.18  sections 17.982 to 17.984. 
  8.19  $160,000 in fiscal year 1999 is for 
  8.20  value-added agricultural product 
  8.21  processing and marketing grants under 
  8.22  Minnesota Statutes, section 17.101, 
  8.23  subdivision 5.  This appropriation and 
  8.24  the appropriation in Laws 1997, chapter 
  8.25  216, section 7, subdivision 3, for 
  8.26  grants under Minnesota Statutes, 
  8.27  section 17.101, subdivision 5, are 
  8.28  available until June 30, 2001. 
  8.29  $25,000 in fiscal year 1999 is for the 
  8.30  Passing on the Farm Center established 
  8.31  in Minnesota Statutes, section 17.985.  
  8.32  This appropriation is in addition to 
  8.33  the appropriations in Laws 1997, 
  8.34  chapter 216, section 7, subdivision 4. 
  8.35  $50,000 in fiscal year 1998 is for a 
  8.36  grant to the University of Minnesota 
  8.37  for investigation, screening, and a 
  8.38  survey of existing research into the 
  8.39  design and development of low-cost 
  8.40  alternatives to pasteurization that 
  8.41  provide comparable bacteria count 
  8.42  reduction in fruit juice.  The 
  8.43  commissioner must report to the chair 
  8.44  of the house environment, natural 
  8.45  resources, and agriculture finance 
  8.46  committee and the chair of the senate 
  8.47  environment and agriculture budget 
  8.48  division by January 15, 1999, regarding 
  8.49  the results of the research and with a 
  8.50  recommendation for further action. 
  8.51  Sec. 7.  BOARD OF ANIMAL HEALTH           30,000        160,000
  8.52  $30,000 in fiscal year 1998 and 
  8.53  $160,000 in fiscal year 1999 is for 
  8.54  expansion of the program for the 
  8.55  control of paratuberculosis ("Johne's 
  8.56  disease") in domestic bovine herds.  
  8.57  These appropriations are in addition to 
  8.58  the appropriations for the same 
  8.59  purposes in Laws 1997, chapter 216, 
  8.60  section 8. 
  8.61  Sec. 8.  MINNESOTA FOREST  
  8.62  RESOURCES COUNCIL                                       150,000 
  8.63  $150,000 in fiscal year 1999 is for 
  9.1   implementation of the Sustainable 
  9.2   Forest Resources Act pursuant to 
  9.3   Minnesota Statutes, chapter 89A. 
  9.4   Sec. 9.  ETHANOL DEVELOPMENT  
  9.5   FUND TRANSFER                                                   
  9.6   As cash flow in the ethanol development 
  9.7   fund under Minnesota Statutes, section 
  9.8   41B.044, permits, but no later than 
  9.9   June 30, 1999, the commissioner of 
  9.10  finance, in consultation with the 
  9.11  commissioner of agriculture, shall 
  9.12  transfer $400,000 from the unencumbered 
  9.13  balance in the fund to the general 
  9.14  fund.  This transfer is in addition to 
  9.15  the transfer required by Laws 1997, 
  9.16  chapter 216, section 17. 
  9.17     Sec. 10.  Minnesota Statutes 1996, section 3.737, 
  9.18  subdivision 1, is amended to read: 
  9.19     Subdivision 1.  [COMPENSATION REQUIRED.] (a) 
  9.20  Notwithstanding section 3.736, subdivision 3, paragraph (e), or 
  9.21  any other law, a livestock owner shall be compensated by the 
  9.22  commissioner of agriculture for livestock that is destroyed by a 
  9.23  timber wolf or is so crippled ~~so~~ by a timber wolf that it must 
  9.24  be destroyed ~~by an animal classified as endangered under the~~ 
  9.25  ~~federal Endangered Species Act of 1973~~.  The owner is entitled 
  9.26  to the fair market value of the destroyed livestock, not to 
  9.27  exceed ~~$400~~ $750 per animal destroyed, as determined by the 
  9.28  commissioner, upon recommendation of ~~the county~~ a university 
  9.29  extension agent ~~for the owner's county~~ and a conservation 
  9.30  officer.  
  9.31     (b) Either the agent or the conservation officer must make 
  9.32  a personal inspection of the site.  The agent or the 
  9.33  conservation officer must take into account factors in addition 
  9.34  to a visual identification of a carcass when making a 
  9.35  recommendation to the commissioner.  The commissioner, upon 
  9.36  recommendation of the agent and conservation officer, shall 
  9.37  determine whether the livestock was destroyed by ~~an animal~~ 
  9.38  ~~described in this subdivision~~ a timber wolf.  The commissioner 
  9.39  may authorize payment of claims only if the agent and the 
  9.40  conservation officer have recommended payment.  The owner shall 
  9.41  file a claim on forms provided by the commissioner and available 
  9.42  at the county extension agent's office. 
 10.1      Sec. 11.  Minnesota Statutes 1996, section 3.737, 
 10.2   subdivision 4, is amended to read: 
 10.3      Subd. 4.  [PAYMENT, DENIAL OF COMPENSATION.] If the 
 10.4   commissioner finds that the livestock owner has shown that the 
 10.5   loss of the livestock was likely caused ~~more probably than not~~ 
 10.6   by ~~an animal classified as an endangered species~~ a timber wolf, 
 10.7   the commissioner shall pay compensation as provided in this 
 10.8   section and in the rules of the department.  
 10.9      If the commissioner denies compensation claimed by an owner 
 10.10  under this section, the commissioner shall issue a written 
 10.11  decision based upon the available evidence.  It shall include 
 10.12  specification of the facts upon which the decision is based and 
 10.13  the conclusions on the material issues of the claim.  A copy of 
 10.14  the decision shall be mailed to the owner.  
 10.15     A decision to deny compensation claimed under this section 
 10.16  is not subject to the contested case review procedures of 
 10.17  chapter 14, but may be reviewed upon a trial de novo in a court 
 10.18  in the county where the loss occurred.  The decision of the 
 10.19  court may be appealed as in other civil cases.  Review in court 
 10.20  may be obtained by filing a petition for review with the 
 10.21  administrator of the court within 60 days following receipt of a 
 10.22  decision under this section.  Upon the filing of a petition, the 
 10.23  administrator shall mail a copy to the commissioner and set a 
 10.24  time for hearing within 90 days of the filing.  
 10.25     Sec. 12.  Minnesota Statutes 1997 Supplement, section 
 10.26  17.101, subdivision 5, is amended to read: 
 10.27     Subd. 5.  [VALUE-ADDED AGRICULTURAL ~~LIVESTOCK~~ PRODUCT 
 10.28  PROCESSING AND MARKETING GRANT PROGRAM.] (a) For purposes of 
 10.29  this section~~,~~: 
 10.30     (1) "~~livestock or dairy~~ agricultural commodity" means a 
 10.31  material produced for use in or as food, feed, seed, or fiber 
 10.32  and includes crops for fiber, food, oilseeds, seeds, livestock, 
 10.33  livestock products, dairy, dairy products, poultry, poultry 
 10.34  products, and other products or by-products of the farm produced 
 10.35  for the same or similar use, except ethanol; and 
 10.36     (2) "agricultural product processing facility" means land, 
 11.1   buildings, structures, fixtures, and improvements located or to 
 11.2   be located in Minnesota and used or operated primarily for the 
 11.3   processing or production of marketable products from 
 11.4   agricultural ~~livestock or dairy~~ commodities produced in 
 11.5   Minnesota.  
 11.6      (b) The commissioner shall establish and implement a 
 11.7   value-added agricultural ~~livestock and dairy~~ product processing 
 11.8   and marketing grant program to help farmers finance new 
 11.9   cooperatives that organize for the purposes of 
 11.10  operating ~~livestock and dairy~~ agricultural product processing 
 11.11  facilities and for marketing activities related to the sale and 
 11.12  distribution of processed ~~livestock and dairy~~ agricultural 
 11.13  products.  
 11.14     (c) To be eligible for this program a grantee must:  
 11.15     (1) be a cooperative organized under chapter 308A; 
 11.16     (2) certify that all of the control and equity in the 
 11.17  cooperative is from farmers as defined in section 500.24, 
 11.18  subdivision 2, who are actively engaged in ~~livestock or dairy~~ 
 11.19  agricultural commodity production; 
 11.20     (3) be operated primarily for the processing of ~~livestock~~ 
 11.21  ~~or dairy~~ agricultural commodities produced in Minnesota; 
 11.22     (4) receive ~~livestock or dairy~~ agricultural commodities 
 11.23  produced primarily by shareholders or members of the 
 11.24  cooperative; and 
 11.25     (5) have no direct or indirect involvement in the 
 11.26  production of ~~livestock and dairy~~ agricultural commodities.  
 11.27     (d) The commissioner may receive applications from and make 
 11.28  grants up to $50,000 for feasibility, marketing analysis, and 
 11.29  predesign of facilities to eligible cooperatives.  The 
 11.30  commissioner shall give priority to applicants who use the 
 11.31  grants for planning costs related to an application for 
 11.32  financial assistance from the United States Department of 
 11.33  Agriculture, Rural Business - Cooperative Service. 
 11.34     Sec. 13.  [32.91] [DEFINITIONS.] 
 11.35     Subdivision 1.  [SCOPE.] The definitions in this section 
 11.36  apply to sections 32.91 to 32.92. 
 12.1      Subd. 2.  [ASSESSMENT PERIOD.] "Assessment period" means 
 12.2   the period beginning on the Sunday closest to the first day of 
 12.3   the month and continuing through the Saturday prior to the 
 12.4   Sunday closest to the first day of the subsequent month. 
 12.5      Subd. 3.  [BASIC PRICE.] "Basic price" means the price for 
 12.6   class I milk, as announced each month, that is applicable in the 
 12.7   federal milk marketing order that includes Minnesota. 
 12.8      Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
 12.9   commissioner of agriculture. 
 12.10     Subd. 5.  [HANDLER.] "Handler," with respect to a 
 12.11  particular container of class I or class II product, means the 
 12.12  wholesale handler or, if none, the retail handler. 
 12.13     Subd. 6.  [PERSON.] "Person" means an individual, 
 12.14  partnership, firm, corporation, association, or other unit and 
 12.15  the state and all political subdivisions or agencies of the 
 12.16  state. 
 12.17     Subd. 7.  [PRODUCER.] "Producer" means a dairy farmer in 
 12.18  Minnesota that is permitted by the commissioner for grade A milk 
 12.19  production or certified for grade B milk production. 
 12.20     Subd. 8.  [RETAIL HANDLER.] "Retail handler" means a person 
 12.21  who makes "sales at retail" as that term is defined in section 
 12.22  32.70. 
 12.23     Subd. 9.  [SELECTED CLASS I DAIRY PRODUCTS.] "Selected 
 12.24  class I dairy products" has the meaning given in section 32.70, 
 12.25  subdivision 7. 
 12.26     Subd. 10.  [SELECTED CLASS II DAIRY PRODUCTS.] "Selected 
 12.27  class II dairy products" has the meaning given in section 32.70, 
 12.28  subdivision 8. 
 12.29     Subd. 11.  [WHOLESALE HANDLER.] "Wholesale handler" has the 
 12.30  meaning given to "wholesaler" in section 32.70. 
 12.31     Sec. 14.  [32.92] [MILK HANDLING ASSESSMENT.] 
 12.32     Subdivision 1.  [ASSESSMENT.] An assessment is imposed at 
 12.33  the rate established in subdivision 2 on the handling in this 
 12.34  state of class I or class II product for sale in this state.  
 12.35  With respect to the handling in this state of a particular 
 12.36  container of selected class I or class II product for sale in 
 13.1   this state, the assessment must be paid by the wholesale handler 
 13.2   or, if there is no wholesale handler with respect to that 
 13.3   container of selected class I or class II product, by the retail 
 13.4   handler.  There is no assessment on the handling in this state 
 13.5   of selected class I or class II product for sale in containers 
 13.6   that are less than one quart or 20 or more quarts in volume, or 
 13.7   selected class I or class II product that is sold to: 
 13.8      (1) an institution that is owned and operated by the state 
 13.9   or federal government; 
 13.10     (2) public or nonpublic schools; 
 13.11     (3) religious and nonprofit organizations; or 
 13.12     (4) recipients of WIC coupons. 
 13.13     Subd. 2.  [RATE.] The rate of the assessment levied under 
 13.14  this section is established for each assessment period on the 
 13.15  basis of the basic price of milk in effect on the Sunday 
 13.16  following the first Sunday of the assessment period in 
 13.17  accordance with the following chart: 
 13.18               Basic Price                    Rate of Milk
 13.19                                              Handling Assessment
 13.20       $15.00 per hundredweight and above     0 cents per quart
 13.21       $14.50 to $14.99 per hundredweight     1 cent per quart
 13.22       $14.00 to $14.49 per hundredweight     2 cents per quart
 13.23       $13.50 to $13.99 per hundredweight     3 cents per quart
 13.24       $13.00 to $13.49 per hundredweight     4 cents per quart
 13.25       $12.50 to $12.99 per hundredweight     5 cents per quart
 13.26       below $12.50 per hundredweight         6 cents per quart
 13.27     For any container other than a quart, the assessment is 
 13.28  computed on a quart-equivalent basis. 
 13.29     Subd. 3.  [CALCULATION OF ASSESSMENT.] Handlers shall pay 
 13.30  the assessment for each assessment period on all class I or 
 13.31  class II product subject to the assessment sold during the 
 13.32  assessment period.  In calculating the amount of selected class 
 13.33  I or class II product handled for sale in this state each 
 13.34  assessment period, the handler shall deduct any selected class I 
 13.35  or class II product returned to the handler during that 
 13.36  assessment period. 
 14.1      Subd. 4.  [ASSESSMENT AS ADDITIONAL.] Any assessment 
 14.2   imposed and collected under this section is in addition to any 
 14.3   taxes or other assessments imposed or collected under any other 
 14.4   law of the state. 
 14.5      Subd. 5.  [RECORDS, REPORTS, AND ADMINISTRATION.] Every 
 14.6   handler subject to the assessment imposed under subdivision 1 
 14.7   shall register with the commissioner within five business days 
 14.8   of becoming subject to the assessment and annually thereafter on 
 14.9   forms provided by the commissioner.  The list of registered 
 14.10  handlers is available to the public.  By the 25th day of each 
 14.11  calendar month, every handler subject to the assessment imposed 
 14.12  under subdivision 1 shall report to the commissioner, using 
 14.13  procedures and forms provided by the commissioner, the quantity 
 14.14  of selected class I or class II product handled in this state 
 14.15  for sale in this state during the preceding assessment period, 
 14.16  the quantity of selected class I or class II product handled 
 14.17  that was subject to the handling assessment, and any other 
 14.18  information the commissioner determines necessary or useful in 
 14.19  the administration of this chapter and enforcement of the milk 
 14.20  handling assessment. 
 14.21     Subd. 6.  [DUE DATES.] Handlers shall pay to the 
 14.22  commissioner the assessment due for the preceding assessment 
 14.23  period not later than the 25th day of each calendar month and 
 14.24  submit any information required by the commissioner on the forms 
 14.25  provided. 
 14.26     Subd. 7.  [DEPOSIT OF HANDLER ASSESSMENT.] The commissioner 
 14.27  shall deposit all funds received from the milk handler 
 14.28  assessment in the general fund of the state treasury. 
 14.29     Sec. 15.  Minnesota Statutes 1996, section 41A.09, 
 14.30  subdivision 1a, is amended to read: 
 14.31     Subd. 1a.  [ETHANOL PRODUCTION GOAL.] It is a goal of the 
 14.32  state that ethanol production plants in the state attain a total 
 14.33  annual production level of ~~220,000,000~~ 240,000,000 gallons.  
 14.34     Sec. 16.  Minnesota Statutes 1997 Supplement, section 
 14.35  41A.09, subdivision 3a, is amended to read: 
 14.36     Subd. 3a.  [PAYMENTS.] (a) The commissioner of agriculture 
 15.1   shall make cash payments to producers of ethanol, anhydrous 
 15.2   alcohol, and wet alcohol located in the state.  These payments 
 15.3   shall apply only to ethanol, anhydrous alcohol, and wet alcohol 
 15.4   fermented in the state and produced at plants that have begun 
 15.5   production by June 30, 2000.  For the purpose of this 
 15.6   subdivision, an entity that holds a controlling interest in more 
 15.7   than one ethanol plant is considered a single producer.  The 
 15.8   amount of the payment for each producer's annual production is: 
 15.9      (1) except as provided in paragraph (b), for each gallon of 
 15.10  ethanol or anhydrous alcohol produced on or before June 30, 
 15.11  2000, or ten years after the start of production, whichever is 
 15.12  later, 20 cents per gallon; and 
 15.13     (2) for each gallon produced of wet alcohol on or before 
 15.14  June 30, 2000, or ten years after the start of production, 
 15.15  whichever is later, a payment in cents per gallon calculated by 
 15.16  the formula "alcohol purity in percent divided by five," and 
 15.17  rounded to the nearest cent per gallon, but not less than 11 
 15.18  cents per gallon. 
 15.19     The producer payments for anhydrous alcohol and wet alcohol 
 15.20  under this section may be paid to either the original producer 
 15.21  of anhydrous alcohol or wet alcohol or the secondary processor, 
 15.22  at the option of the original producer, but not to both. 
 15.23     (b) If the level of production at an ethanol plant 
 15.24  increases due to an increase in the production capacity of the 
 15.25  plant and the increased production begins by June 30, 2000, the 
 15.26  payment under paragraph (a), clause (1), applies to the 
 15.27  additional increment of production until ten years after the 
 15.28  increased production began.  Once a plant's production capacity 
 15.29  reaches 15,000,000 gallons per year, no additional increment 
 15.30  will qualify for the payment. 
 15.31     (c) The commissioner shall make payments to producers of 
 15.32  ethanol or wet alcohol in the amount of 1.5 cents for each 
 15.33  kilowatt hour of electricity generated using closed-loop biomass 
 15.34  in a cogeneration facility at an ethanol plant located in the 
 15.35  state.  Payments under this paragraph shall be made only for 
 15.36  electricity generated at cogeneration facilities that begin 
 16.1   operation by June 30, 2000.  The payments apply to electricity 
 16.2   generated on or before the date ten years after the producer 
 16.3   first qualifies for payment under this paragraph.  Total 
 16.4   payments under this paragraph in any fiscal year may not exceed 
 16.5   $750,000.  For the purposes of this paragraph: 
 16.6      (1) "closed-loop biomass" means any organic material from a 
 16.7   plant that is planted for the purpose of being used to generate 
 16.8   electricity or for multiple purposes that include being used to 
 16.9   generate electricity; and 
 16.10     (2) "cogeneration" means the combined generation of: 
 16.11     (i) electrical or mechanical power; and 
 16.12     (ii) steam or forms of useful energy, such as heat, that 
 16.13  are used for industrial, commercial, heating, or cooling 
 16.14  purposes. 
 16.15     (d) The total payments under paragraphs (a) and (b) to all 
 16.16  producers may not exceed ~~$34,000,000~~ $40,000,000 in a fiscal 
 16.17  year.  Total payments under paragraphs (a) and (b) to a producer 
 16.18  in a fiscal year may not exceed $3,000,000. 
 16.19     (e) By the last day of October, January, April, and July, 
 16.20  each producer shall file a claim for payment for ethanol, 
 16.21  anhydrous alcohol, and wet alcohol production during the 
 16.22  preceding three calendar months.  A producer with more than one 
 16.23  plant shall file a separate claim for each plant.  A producer 
 16.24  shall file a separate claim for the original production capacity 
 16.25  of each plant and for each additional increment of production 
 16.26  that qualifies under paragraph (b).  A producer that files a 
 16.27  claim under this subdivision shall include a statement of the 
 16.28  producer's total ethanol, anhydrous alcohol, and wet alcohol 
 16.29  production in Minnesota during the quarter covered by the claim, 
 16.30  including anhydrous alcohol and wet alcohol produced or received 
 16.31  from an outside source.  A producer shall file a separate claim 
 16.32  for any amount claimed under paragraph (c).  For each claim and 
 16.33  statement of total ethanol, anhydrous alcohol, and wet alcohol 
 16.34  production filed under this subdivision, the volume of ethanol, 
 16.35  anhydrous alcohol, and wet alcohol production or amounts of 
 16.36  electricity generated using closed-loop biomass must be examined 
 17.1   by an independent certified public accountant in accordance with 
 17.2   standards established by the American Institute of Certified 
 17.3   Public Accountants. 
 17.4      (f) Payments shall be made November 15, February 15, May 
 17.5   15, and August 15.  A separate payment shall be made for each 
 17.6   claim filed.  The total quarterly payment to a producer under 
 17.7   this paragraph, excluding amounts paid under paragraph (c), may 
 17.8   not exceed $750,000.  ~~If the total amount for which all~~ 
 17.9   ~~producers are eligible in a quarter under paragraphs (a) and (b)~~ 
 17.10  ~~exceeds $8,500,000, the commissioner shall make payments in the~~ 
 17.11  ~~order in which the portion of production capacity covered by~~ 
 17.12  ~~each claim went into production.  If the total amount of ethanol~~ 
 17.13  ~~or wet alcohol production reported for a quarter under paragraph~~ 
 17.14  ~~(e) equals or exceeds 55,000,000 gallons:~~ 
 17.15     ~~(1) payments under this subdivision do not apply to the~~ 
 17.16  ~~amount produced in excess of 55,000,000 gallons;~~ 
 17.17     ~~(2) the commissioner shall make payments to producers in~~ 
 17.18  ~~the order in which the portion of production capacity covered by~~ 
 17.19  ~~each claim began production; and~~ 
 17.20     ~~(3) only those producers that receive payments for the~~ 
 17.21  ~~quarter, or received payments under paragraph (a) or (b) in an~~ 
 17.22  ~~earlier quarter, will be eligible for future ethanol or wet~~ 
 17.23  ~~alcohol production payments under this subdivision.~~ 
 17.24     (g) If the total amount for which all producers are 
 17.25  eligible in a quarter under paragraph (c) exceeds the amount 
 17.26  available for payments, the commissioner shall make payments in 
 17.27  the order in which the plants covered by the claims began 
 17.28  generating electricity using closed-loop biomass. 
 17.29     (h) After July 1, 1997, new production capacity is only 
 17.30  eligible for payment under this subdivision if the commissioner 
 17.31  receives: 
 17.32     (1) an application for approval of the new production 
 17.33  capacity; 
 17.34     (2) an appropriate letter of long-term financial commitment 
 17.35  for construction of the new capacity; and 
 17.36     (3) copies of all necessary permits for construction of the 
 18.1   new capacity. 
 18.2      The commissioner may approve the additional capacity based 
 18.3   on the order in which the applications are received.  The 
 18.4   commissioner shall not approve production capacity in excess of 
 18.5   the limitations in paragraph ~~(f)~~ (d).  The commissioner may not 
 18.6   approve any additional capacity after July 1, 1998.  Existing 
 18.7   plants are not eligible for new capacity beyond planned 
 18.8   expansions reported to the commissioner by February ~~1997~~ 1998. 
 18.9      Sec. 17.  [84.526] [USE OF MOTORBOATS IN BWCA.] 
 18.10     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 18.11  section, the following terms have the meanings given: 
 18.12     (1) "boundary waters canoe area wilderness" means the 
 18.13  boundary waters canoe area wilderness as designated in Public 
 18.14  Law Number 95-495, Statutes at Large, volume 92, page 1649; and 
 18.15     (2) "motorboat" has the meaning given in section 86B.005, 
 18.16  subdivision 9. 
 18.17     Subd. 2.  [PROHIBITION.] Except as provided in subdivision 
 18.18  3, a person may not operate a motorboat on waters within the 
 18.19  boundary waters canoe area wilderness or on the portions within 
 18.20  the boundary waters canoe area wilderness of waters that are 
 18.21  partly within the boundary waters canoe area wilderness. 
 18.22     Subd. 3.  [EXCEPTIONS.] (a) On the following waters, a 
 18.23  person may operate a motorboat with a motor of no greater than 
 18.24  25 horsepower: 
 18.25     (1) Fall lake, Lake county; 
 18.26     (2) Newton lake, Lake county; 
 18.27     (3) Moose lake, Lake county; 
 18.28     (4) Newfound lake, Lake county; 
 18.29     (5) Sucker lake, Lake county; 
 18.30     (6) Snowbank lake, Lake county; 
 18.31     (7) East Bearskin lake, Cook county; 
 18.32     (8) South Farm lake, Lake county; 
 18.33     (9) Trout lake, St. Louis county; 
 18.34     (10) Basswood lake, Lake county, except that portion 
 18.35  generally north of the narrows at the north end of Jackfish Bay 
 18.36  and north of a point on the international boundary between 
 19.1   Ottawa Island and Washington Island; and 
 19.2      (11) Saganaga lake, Cook county, except for that portion 
 19.3   west of American Point. 
 19.4      (b) On the following waters, a person may operate a 
 19.5   motorboat with a motor of no greater than ten horsepower: 
 19.6      (1) Clearwater lake, Cook county; 
 19.7      (2) North Fowl lake, Cook county; 
 19.8      (3) South Fowl lake, Cook county; 
 19.9      (4) Island river east of Lake Isabella, Lake county; 
 19.10     (5) Sea Gull lake, Cook county, except that after December 
 19.11  31, 1998, a person may not operate a motorboat on that portion 
 19.12  of the lake west of Threemile Island; 
 19.13     (6) Alder lake, Cook county; and 
 19.14     (7) Canoe lake, Cook county. 
 19.15     (c) On the following waters, a person may operate a 
 19.16  motorboat without restriction on horsepower of the motor: 
 19.17     (1) Little Vermilion lake, St. Louis county; 
 19.18     (2) Loon river, St. Louis county; 
 19.19     (3) Loon lake, St. Louis county; and 
 19.20     (4) that portion of the Lac La Croix, St. Louis county, 
 19.21  south of Snow Bay and east of Wilkins Bay. 
 19.22     (d) Nothing in this section restricts the use of motorboats 
 19.23  in emergencies, or for the administration of the wilderness area 
 19.24  by state and local governmental officials or their designees, 
 19.25  where the commissioner of natural resources finds that the use 
 19.26  is essential. 
 19.27     Subd. 4.  [CIVIL PENALTY.] A person who violates 
 19.28  subdivision 2 shall forfeit and pay to the state a penalty, in 
 19.29  an amount to be determined by the court, of not more than $500 
 19.30  per violation.  The civil penalties provided for in this 
 19.31  subdivision may be recovered by a civil action brought by the 
 19.32  attorney general in the name of the state before a district 
 19.33  court judge in any county of this state.  Any boat and motor 
 19.34  used in violation of subdivision 2 is subject to seizure and 
 19.35  confiscation under section 97A.225. 
 19.36     Sec. 18.  Minnesota Statutes 1997 Supplement, section 
 20.1   84.8205, is amended to read: 
 20.2      84.8205 [SNOWMOBILE STATE TRAIL ~~PERMIT~~ STICKER.] 
 20.3      Subdivision 1.  [STICKER REQUIRED; FEE.] A person may not 
 20.4   operate a snowmobile that is not registered in this state ~~may~~ 
 20.5   ~~not be operated~~ on a state or grant-in-aid snowmobile trail 
 20.6   unless a snowmobile state trail sticker is affixed to the 
 20.7   snowmobile ~~operator has in possession a snowmobile state trail~~ 
 20.8   ~~permit~~.  The commissioner of natural resources shall issue a 
 20.9   ~~permit~~ sticker upon application and payment of a $15 fee.  The 
 20.10  ~~permit~~ sticker is valid from November 1 through April 30.  Fees 
 20.11  collected under this section shall be deposited in the state 
 20.12  treasury and credited to the snowmobile trails and enforcement 
 20.13  account in the natural resources fund. 
 20.14     Subd. 2.  [PLACEMENT OF STICKER.] The state trail sticker 
 20.15  shall be permanently affixed to the forward half of the 
 20.16  snowmobile directly above or below the headlight of the 
 20.17  snowmobile. 
 20.18     Subd. 3.  [LICENSE AGENTS.] County auditors are appointed 
 20.19  agents of the commissioner for the sale of snowmobile state 
 20.20  trail stickers.  The commissioner may appoint other state 
 20.21  agencies as agents for the sale of the stickers.  A county 
 20.22  auditor may appoint subagents within the county or within 
 20.23  adjacent counties to sell stickers.  Upon appointment of a 
 20.24  subagent, the auditor shall notify the commissioner of the name 
 20.25  and address of the subagent.  The auditor may revoke the 
 20.26  appointment of a subagent, and the commissioner may revoke the 
 20.27  appointment of a state agency at any time.  The commissioner may 
 20.28  require an auditor to revoke a subagent's appointment.  The 
 20.29  auditor shall furnish stickers on consignment to any subagent 
 20.30  who furnishes a surety bond in favor of the county in an amount 
 20.31  at least equal to the value of the stickers to be consigned to 
 20.32  that subagent.  A surety bond is not required for a state agency 
 20.33  appointed by the commissioner.  The county auditor shall be 
 20.34  responsible for all stickers issued to and user fees received by 
 20.35  agents except in a county where the county auditor does not 
 20.36  retain fees paid for license purposes.  In these counties, the 
 21.1   responsibilities imposed by this section upon the county auditor 
 21.2   are imposed upon the county.  The commissioner may promulgate 
 21.3   additional rules governing the accounting and procedures for 
 21.4   handling state trail stickers as provided in section 97A.485, 
 21.5   subdivision 11. 
 21.6      Any resident desiring to sell snowmobile state trail 
 21.7   stickers may either purchase for cash or obtain on consignment 
 21.8   stickers from a county auditor in groups of not less than ten 
 21.9   individual stickers.  In selling stickers, the resident shall be 
 21.10  deemed a subagent of the county auditor and the commissioner, 
 21.11  and shall observe all rules promulgated by the commissioner for 
 21.12  accounting and handling of licenses and stickers pursuant to 
 21.13  section 97A.485, subdivision 11. 
 21.14     The county auditor shall promptly deposit all money 
 21.15  received from the sale of the stickers with the county treasurer 
 21.16  and shall promptly transmit any reports required by the 
 21.17  commissioner, plus 96 percent of the price paid by each 
 21.18  stickerholder, exclusive of the issuing fee, for each sticker 
 21.19  sold or consigned by the auditor and subsequently sold to a 
 21.20  stickerholder during the accounting period.  The county auditor 
 21.21  shall retain as a commission four percent of all sticker fees, 
 21.22  excluding the issuing fee for stickers consigned to subagents 
 21.23  and the issuing fee on stickers sold by the auditor to 
 21.24  stickerholders. 
 21.25     Unsold stickers in the hands of any subagent shall be 
 21.26  redeemed by the commissioner if presented for redemption within 
 21.27  the time prescribed by the commissioner.  Any stickers not 
 21.28  presented for redemption within the period prescribed shall be 
 21.29  conclusively presumed to have been sold, and the subagent 
 21.30  possessing the same or to whom they are charged shall be 
 21.31  accountable. 
 21.32     Subd. 4.  [DISTRIBUTION OF STICKERS.] The commissioner 
 21.33  shall provide stickers to all agents authorized to issue 
 21.34  stickers by the commissioner. 
 21.35     Subd. 5.  [AGENT'S FEE.] The fee for a sticker shall be 
 21.36  increased by the amount of an issuing fee of $1 per sticker.  
 22.1   The issuing fee may be retained by the seller of the sticker.  
 22.2      Sec. 19.  Minnesota Statutes 1996, section 84.83, 
 22.3   subdivision 3, is amended to read: 
 22.4      Subd. 3.  [PURPOSES FOR THE ACCOUNT.] The money deposited 
 22.5   in the account and interest earned on that money may be expended 
 22.6   only as appropriated by law for the following purposes:  
 22.7      (1) for a grant-in-aid program to counties and 
 22.8   municipalities for construction and maintenance of snowmobile 
 22.9   trails, including maintenance of trails on lands and waters of 
 22.10  Voyageurs National Park; 
 22.11     (2) for acquisition, development, and maintenance of state 
 22.12  recreational snowmobile trails; 
 22.13     (3) for snowmobile safety programs; and 
 22.14     (4) for the administration and enforcement of sections 
 22.15  84.81 to 84.90.  
 22.16     Sec. 20.  Minnesota Statutes 1997 Supplement, section 
 22.17  84.86, subdivision 1, is amended to read: 
 22.18     Subdivision 1.  With a view of achieving maximum use of 
 22.19  snowmobiles consistent with protection of the environment the 
 22.20  commissioner of natural resources shall adopt rules in the 
 22.21  manner provided by chapter 14, for the following purposes: 
 22.22     (1) Registration of snowmobiles and display of registration 
 22.23  numbers. 
 22.24     (2) Use of snowmobiles insofar as game and fish resources 
 22.25  are affected. 
 22.26     (3) Use of snowmobiles on public lands and waters, or on 
 22.27  grant-in-aid trails, including, but not limited to, the use of 
 22.28  nonmetal traction devices. 
 22.29     (4) Uniform signs to be used by the state, counties, and 
 22.30  cities, which are necessary or desirable to control, direct, or 
 22.31  regulate the operation and use of snowmobiles. 
 22.32     (5) Specifications relating to snowmobile mufflers. 
 22.33     (6) A comprehensive snowmobile information and safety 
 22.34  education and training program, including but not limited to the 
 22.35  preparation and dissemination of snowmobile information and 
 22.36  safety advice to the public, the training of snowmobile 
 23.1   operators, and the issuance of snowmobile safety certificates to 
 23.2   snowmobile operators who successfully complete the snowmobile 
 23.3   safety education and training course.  For the purpose of 
 23.4   administering such program and to defray a portion of the 
 23.5   expenses of training and certifying snowmobile operators, the 
 23.6   commissioner shall collect a fee of not to exceed $5 from each 
 23.7   person who receives the youth and young adult training and a fee 
 23.8   established under chapter 16A from each person who receives the 
 23.9   adult training.  The commissioner shall deposit the fee in the 
 23.10  snowmobile trails and enforcement account and the amount thereof 
 23.11  is appropriated annually to the commissioner of natural 
 23.12  resources for the administration of such programs.  The 
 23.13  commissioner shall cooperate with private organizations and 
 23.14  associations, private and public corporations, and local 
 23.15  governmental units in furtherance of the program established 
 23.16  under this clause.  The commissioner shall consult with the 
 23.17  commissioner of public safety in regard to training program 
 23.18  subject matter and performance testing that leads to the 
 23.19  certification of snowmobile operators. 
 23.20     (7) The operator of any snowmobile involved in an accident 
 23.21  resulting in injury requiring medical attention or 
 23.22  hospitalization to or death of any person or total damage to an 
 23.23  extent of $500 or more, shall forward a written report of the 
 23.24  accident to the commissioner on such form as the commissioner 
 23.25  shall prescribe.  If the operator is killed or is unable to file 
 23.26  a report due to incapacitation, any peace officer investigating 
 23.27  the accident shall file the accident report within ten business 
 23.28  days. 
 23.29     Sec. 21.  Minnesota Statutes 1996, section 84.871, is 
 23.30  amended to read: 
 23.31     84.871 [~~MUFFLERS~~ EQUIPMENT REQUIREMENTS.] 
 23.32     Subdivision 1.  [MUFFLERS.] Except as provided in this 
 23.33  section, every snowmobile shall be equipped at all times with a 
 23.34  muffler in good working order which blends the exhaust noise 
 23.35  into the overall snowmobile noise and is in constant operation 
 23.36  to prevent excessive or unusual noise.  The exhaust system shall 
 24.1   not emit or produce a sharp popping or crackling sound.  This 
 24.2   section does not apply to organized races or similar competitive 
 24.3   events held on (1) private lands, with the permission of the 
 24.4   owner, lessee, or custodian of the land; (2) public lands and 
 24.5   water under the jurisdiction of the commissioner of natural 
 24.6   resources, with the commissioner's permission; or (3) other 
 24.7   public lands, with the consent of the public agency owning the 
 24.8   land.  No person shall have for sale, sell, or offer for sale on 
 24.9   any new snowmobile any muffler that fails to comply with the 
 24.10  specifications required by the rules of the commissioner after 
 24.11  the effective date of the rules.  
 24.12     Subd. 2.  [METAL TRACTION DEVICES.] A person may not 
 24.13  operate a snowmobile equipped with metal traction devices on the 
 24.14  traffic lanes of hard-surfaced roads or hard-surfaced trails.  
 24.15  Pursuant to section 84.86, the commissioner may adopt rules that 
 24.16  limit the use of nonmetal traction devices. 
 24.17     Sec. 22.  Minnesota Statutes 1996, section 84.943, 
 24.18  subdivision 3, is amended to read: 
 24.19     Subd. 3.  [APPROPRIATIONS MUST BE MATCHED BY PRIVATE 
 24.20  FUNDS.] Appropriations transferred to the critical habitat 
 24.21  private sector matching account ~~and money credited to the~~ 
 24.22  ~~account under section 168.1296, subdivision 5,~~ may be expended 
 24.23  only to the extent that they are matched equally with 
 24.24  contributions to the account from private sources, including 
 24.25  money credited to the account under section 168.1296, 
 24.26  subdivision 5, or by funds contributed to the nongame wildlife 
 24.27  management account.  The private contributions may be made in 
 24.28  cash or in contributions of land or interests in land that are 
 24.29  designated by the commissioner of natural resources as program 
 24.30  acquisitions.  Appropriations transferred to the account that 
 24.31  are not matched within three years from the date of the 
 24.32  appropriation shall cancel to the source of the appropriation.  
 24.33  For the purposes of this section, the private contributions of 
 24.34  land or interests in land shall be valued in accordance with 
 24.35  their appraised value. 
 24.36     Sec. 23.  Minnesota Statutes 1996, section 86B.415, is 
 25.1   amended by adding a subdivision to read: 
 25.2      Subd. 7a.  [PERSONAL WATERCRAFT SURCHARGE.] A $30 surcharge 
 25.3   is placed on each personal watercraft licensed under 
 25.4   subdivisions 1 to 5 for enforcement of personal watercraft laws 
 25.5   and for personal watercraft safety education.  Any grants to 
 25.6   counties from revenue collected under this subdivision must be 
 25.7   proportional to the use of personal watercraft in each county.  
 25.8   Grants made under this subdivision are subject to the applicable 
 25.9   administrative, reporting, and auditing requirements in sections 
 25.10  86B.701 and 86B.705. 
 25.11     Sec. 24.  Minnesota Statutes 1996, section 97A.037, 
 25.12  subdivision 1, is amended to read: 
 25.13     Subdivision 1.  [INTERFERENCE WITH TAKING WILD ANIMALS 
 25.14  PROHIBITED.] A person who has the intent to prevent~~,~~ or disrupt~~,~~ 
 25.15  ~~or dissuade the taking of~~ another person from taking or 
 25.16  preparing to take a wild animal or enjoyment of the out-of-doors 
 25.17  ~~may~~ must not disturb or interfere with ~~another~~ that person ~~who~~ 
 25.18  if that person is lawfully taking ~~a wild animal~~ or preparing to 
 25.19  take a wild animal.  "Preparing to take a wild animal" includes 
 25.20  travel, camping, and other acts that occur on land or water 
 25.21  where the affected person has the right or privilege to take 
 25.22  lawfully a wild animal. 
 25.23     Sec. 25.  Minnesota Statutes 1996, section 97A.225, 
 25.24  subdivision 1, is amended to read: 
 25.25     Subdivision 1.  [SEIZURE.] (a) An enforcement officer must 
 25.26  seize all motor vehicles used to:  
 25.27     (1) shine wild animals in violation of section 97B.081, 
 25.28  subdivision 1; 
 25.29     (2) transport big game animals illegally taken or 
 25.30  fur-bearing animals illegally purchased; or 
 25.31     (3) transport minnows in violation of section 97C.501, 
 25.32  97C.515, or 97C.525.  
 25.33     (b) An enforcement officer must seize all boats and motors 
 25.34  used in netting fish on Lake of the Woods, Rainy Lake, Lake 
 25.35  Superior, Namakan Lake, and Sand Point Lake in violation of 
 25.36  licensing or operating requirements of section 97A.475, 
 26.1   subdivision 31, 32, 33, or 37, 97C.825, 97C.831, or 97C.835, or 
 26.2   a rule of the commissioner relating to these provisions.  
 26.3      (c) An enforcement officer may seize all boats and motors 
 26.4   used in violation of section 84.526, subdivision 2. 
 26.5      Sec. 26.  Minnesota Statutes 1996, section 97A.245, is 
 26.6   amended to read: 
 26.7      97A.245 [REWARDS.] 
 26.8      The commissioner may pay rewards for information leading to 
 26.9   the conviction of a person that has violated a provision of laws 
 26.10  relating to wild animals or threatened or endangered species of 
 26.11  wildlife.  A reward may not exceed $500, except a reward for 
 26.12  information relating to big game or threatened or endangered 
 26.13  species of wildlife, may be up to $1,000 and a reward for 
 26.14  information relating to timber wolves may be up to $2,500.  The 
 26.15  rewards may only be paid from funds donated to the commissioner 
 26.16  for these purposes and may not be paid to salaried conservation 
 26.17  officers or peace officers.  
 26.18     Sec. 27.  Minnesota Statutes 1997 Supplement, section 
 26.19  97A.485, subdivision 6, is amended to read: 
 26.20     Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
 26.21  Persons authorized to sell licenses under this section must sell 
 26.22  the following licenses for the license fee and the following 
 26.23  issuing fees:  
 26.24     (1) to take deer or bear with firearms and by archery, the 
 26.25  issuing fee is $1; 
 26.26     (2) Minnesota sporting, the issuing fee is $1; and 
 26.27     (3) to take small game, ~~for a person under age 65~~ to take 
 26.28  fish by angling or ~~for a person of any age to take fish by~~ 
 26.29  spearing, and to trap fur-bearing animals, the issuing fee is 
 26.30  $1; 
 26.31     (4) for a trout and salmon stamp that is not issued 
 26.32  simultaneously with an angling or sporting license, an issuing 
 26.33  fee of 50 cents may be charged at the discretion of the 
 26.34  authorized seller; and 
 26.35     (5) for stamps other than a trout and salmon stamp, and for 
 26.36  a special season Canada goose license, there is no fee. 
 27.1      (b) An issuing fee may not be collected for issuance of a 
 27.2   trout and salmon stamp if a stamp is issued simultaneously with 
 27.3   the related angling or sporting license.  Only one issuing fee 
 27.4   may be collected when selling more than one trout and salmon 
 27.5   stamp in the same transaction after the end of the season for 
 27.6   which the stamp was issued. 
 27.7      (c) The auditor or subagent shall keep the issuing fee as a 
 27.8   commission for selling the licenses.  
 27.9      (d) The commissioner shall collect the issuing fee on 
 27.10  licenses sold by the commissioner. 
 27.11     (e) A license, except stamps, must state the amount of the 
 27.12  issuing fee and that the issuing fee is kept by the seller as a 
 27.13  commission for selling the licenses. 
 27.14     (f) For duplicate licenses, the issuing fees are: 
 27.15     (1) for licenses to take big game, 75 cents; and 
 27.16     (2) for other licenses, 50 cents. 
 27.17     Sec. 28.  Minnesota Statutes 1996, section 103F.155, 
 27.18  subdivision 2, is amended to read: 
 27.19     Subd. 2.  [COMMISSIONER'S REVIEW.] (a) The commissioner 
 27.20  shall review the plan and consult with the state office of civil 
 27.21  defense and other appropriate state and federal agencies.  
 27.22  Following the review, the commissioner shall accept, require 
 27.23  modification, or reject the plan.  
 27.24     (b) If required modifications are not made, or if the plan 
 27.25  is rejected, the commissioner shall order the removal of the 
 27.26  emergency protection measures and shall not provide grant money 
 27.27  under section 103F.161 until the plan is approved or the 
 27.28  required modifications are made. 
 27.29     Sec. 29.  Minnesota Statutes 1996, section 103F.161, 
 27.30  subdivision 2, is amended to read: 
 27.31     Subd. 2.  [ACTION ON GRANT APPLICATIONS.] (a) A local 
 27.32  government may apply to the commissioner for a grant on forms 
 27.33  provided by the commissioner.  The commissioner shall confer 
 27.34  with the local government requesting the grant and may make a 
 27.35  grant up to ~~$75,000~~ $200,000 based on the following 
 27.36  considerations: 
 28.1      (1) the extent and effectiveness of mitigation measures 
 28.2   already implemented by the local government requesting the 
 28.3   grant; 
 28.4      (2) the feasibility, practicality, and effectiveness of the 
 28.5   proposed mitigation measures and the associated nonflood related 
 28.6   benefits and detriments; 
 28.7      (3) the level of grant assistance that should be provided 
 28.8   to the local government, based on available facts regarding the 
 28.9   nature, extent, and severity of flood problems; 
 28.10     (4) the frequency of occurrence of severe flooding that has 
 28.11  resulted in declaration of the area as a flood disaster area by 
 28.12  the President of the United States; 
 28.13     (5) the economic, social, and environmental benefits and 
 28.14  detriments of the proposed mitigation measures; 
 28.15     (6) whether the floodplain management ordinance or 
 28.16  regulation adopted by the local government meets the minimum 
 28.17  standards established by the commissioner, the degree of 
 28.18  enforcement of the ordinance or regulation, and whether the 
 28.19  local government is complying with the ordinance or regulation; 
 28.20     (7) the degree to which the grant request is consistent 
 28.21  with local water plans developed under chapters 103B and 103D; 
 28.22     (8) the financial capability of the local government to 
 28.23  solve its flood hazard problems without financial assistance; 
 28.24  and 
 28.25     (9) the estimated cost and method of financing of the 
 28.26  proposed mitigation measures based on local money and federal 
 28.27  and state financial assistance. 
 28.28     (b) If the amount of the grant requested 
 28.29  is ~~$75,000~~ $200,000 or more, the commissioner shall determine, 
 28.30  under the considerations in paragraph (a), whether any part of 
 28.31  the grant should be awarded.  The commissioner must submit an 
 28.32  appropriation request to the governor and the legislature for 
 28.33  funding consideration before each odd-numbered year, consisting 
 28.34  of requests or parts of grant requests of ~~$75,000~~ $200,000 or 
 28.35  more.  The commissioner must prioritize the grant requests, 
 28.36  under the considerations in paragraph (a), beginning with the 
 29.1   projects the commissioner determines most deserving of financing.
 29.2      (c) A grant may not exceed one-half the total cost of the 
 29.3   proposed mitigation measures. 
 29.4      (d) After July 1, 1991, grants made under this section may 
 29.5   be made to local governments whose grant requests are part of, 
 29.6   or responsive to, a comprehensive local water plan prepared 
 29.7   under chapter 103B or 103D. 
 29.8      Sec. 30.  Minnesota Statutes 1996, section 103G.271, 
 29.9   subdivision 6, is amended to read: 
 29.10     Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
 29.11  described in paragraphs (b) to (f), a water use permit 
 29.12  processing fee must be prescribed by the commissioner in 
 29.13  accordance with the following schedule of fees for each water 
 29.14  use permit in force at any time during the year: 
 29.15     (1) 0.05 cents per 1,000 gallons for the first 50,000,000 
 29.16  gallons per year; 
 29.17     (2) 0.10 cents per 1,000 gallons for amounts greater than 
 29.18  50,000,000 gallons but less than 100,000,000 gallons per year; 
 29.19     (3) 0.15 cents per 1,000 gallons for amounts greater than 
 29.20  100,000,000 gallons but less than 150,000,000 gallons per year; 
 29.21  and 
 29.22     (4) 0.20 cents per 1,000 gallons for amounts greater than 
 29.23  150,000,000 gallons but less than 200,000,000 gallons per year; 
 29.24     (5) 0.25 cents per 1,000 gallons for amounts greater than 
 29.25  200,000,000 gallons but less than 250,000,000 gallons per year; 
 29.26     (6) 0.30 cents per 1,000 gallons for amounts greater than 
 29.27  250,000,000 gallons but less than 300,000,000 gallons per year; 
 29.28     (7) 0.35 cents per 1,000 gallons for amounts greater than 
 29.29  300,000,000 gallons but less than 350,000,000 gallons per year; 
 29.30     (8) 0.40 cents per 1,000 gallons for amounts greater than 
 29.31  350,000,000 gallons but less than 400,000,000 gallons per year; 
 29.32  and 
 29.33     (9) 0.45 cents per 1,000 gallons for amounts greater than 
 29.34  400,000,000 gallons per year.  
 29.35     (b) For once-through cooling systems, a water use 
 29.36  processing fee must be prescribed by the commissioner in 
 30.1   accordance with the following schedule of fees for each water 
 30.2   use permit in force at any time during the year: 
 30.3      (1) for nonprofit corporations and school districts~~:~~ 
 30.4      ~~(i) 5.0 cents per 1,000 gallons until December 31, 1991;~~ 
 30.5      ~~(ii) 10.0 cents per 1,000 gallons from January 1, 1992,~~ 
 30.6   ~~until December 31, 1996; and~~ 
 30.7      ~~(iii)~~, 15.0 cents per 1,000 gallons ~~after January 1, 1997~~; 
 30.8   and 
 30.9      (2) for all other users, 20 cents per 1,000 gallons. 
 30.10     (c) The fee is payable based on the amount of water 
 30.11  appropriated during the year and, except as provided in 
 30.12  paragraph (f), the minimum fee is $50.  
 30.13     (d) For water use processing fees other than once-through 
 30.14  cooling systems:  
 30.15     (1) the fee for a city of the first class may not exceed 
 30.16  $175,000 per year; 
 30.17     (2) the fee for other entities for any permitted use may 
 30.18  not exceed: 
 30.19     (i) $35,000 per year for an entity holding three or fewer 
 30.20  permits; 
 30.21     (ii) $50,000 per year for an entity holding four or five 
 30.22  permits; 
 30.23     (iii) $175,000 per year for an entity holding more than 
 30.24  five permits; 
 30.25     (3) the fee for agricultural irrigation may not exceed $750 
 30.26  per year; ~~and~~ 
 30.27     (4) the fee for a municipality that furnishes electric 
 30.28  service and cogenerates steam for home heating may not exceed 
 30.29  $10,000 for its permit for water use related to the cogeneration 
 30.30  of electricity and steam; and 
 30.31     (5) no fee is required for a project involving the 
 30.32  appropriation of surface water to prevent flood damage or to 
 30.33  remove flood waters during a period of flooding, as determined 
 30.34  by the commissioner.  
 30.35     (e) Failure to pay the fee is sufficient cause for revoking 
 30.36  a permit.  A penalty of two percent per month calculated from 
 31.1   the original due date must be imposed on the unpaid balance of 
 31.2   fees remaining 30 days after the sending of a second notice of 
 31.3   fees due.  A fee may not be imposed on an agency, as defined in 
 31.4   section 16B.01, subdivision 2, or federal governmental agency 
 31.5   holding a water appropriation permit. 
 31.6      (f) The minimum water use processing fee for a permit 
 31.7   issued for irrigation of agricultural land is $10 for years in 
 31.8   which: 
 31.9      (1) there is no appropriation of water under the permit; or 
 31.10     (2) the permit is suspended for more than seven consecutive 
 31.11  days between May 1 and October 1. 
 31.12     (g) For once-through systems fees payable after July 1, 
 31.13  1993, 75 percent of the fees must be credited to a special 
 31.14  account and are appropriated to the Minnesota public facilities 
 31.15  authority for loans under section 446A.21. 
 31.16     Sec. 31.  Minnesota Statutes 1997 Supplement, section 
 31.17  115A.916, is amended to read: 
 31.18     115A.916 [MOTOR VEHICLE FLUIDS AND FILTERS; PROHIBITIONS.] 
 31.19     (a) A person may not knowingly place motor oil, brake 
 31.20  fluid, power steering fluid, transmission fluid, motor oil 
 31.21  filters, or motor vehicle antifreeze: 
 31.22     (1) in solid waste or in a solid waste management facility 
 31.23  other than a recycling facility or a household hazardous waste 
 31.24  collection facility; 
 31.25     (2) in or on the land, unless approved by the agency; or 
 31.26     (3) in or on the waters of the state, in an individual 
 31.27  sewage treatment system as defined in section 115.55, or in a 
 31.28  stormwater or wastewater collection or treatment system except 
 31.29  as described in paragraph (c).  
 31.30     (b) For the purposes of this section, "antifreeze" does not 
 31.31  include small amounts of antifreeze contained in water used to 
 31.32  flush the cooling system of a vehicle after the antifreeze has 
 31.33  been drained and does not include deicer that has been used on 
 31.34  the exterior of a vehicle. 
 31.35     ~~(c) For businesses that purchase or use an annual average~~ 
 31.36  ~~of over 50 gallons of motor vehicle antifreeze per month for~~ 
 32.1   ~~on-site installation in motor vehicles, this section does not~~ 
 32.2   ~~apply to antifreeze placed in a wastewater collection system~~ 
 32.3   ~~that includes a publicly owned treatment works that is permitted~~ 
 32.4   ~~by the agency until December 31, 1997.  For businesses that~~ 
 32.5   ~~purchase or use an annual average of 50 gallons or less of motor~~ 
 32.6   ~~vehicle antifreeze per month for on-site installation in motor~~ 
 32.7   ~~vehicles, this section does not apply to antifreeze placed in a~~ 
 32.8   ~~wastewater collection system that includes a publicly owned~~ 
 32.9   ~~treatment works that is permitted by the agency until July 1,~~ 
 32.10  ~~1998.~~ 
 32.11     (c) A person may place waste motor vehicle antifreeze in a 
 32.12  wastewater collection or treatment system permitted by the 
 32.13  agency, unless prohibited by the operator of the system, if the 
 32.14  person generates an annual average of less than 90 gallons per 
 32.15  individual per month of waste motor vehicle antifreeze if the 
 32.16  person is an individual or sole proprietorship, or an annual 
 32.17  average of less than 90 gallons per entity per month if the 
 32.18  person is an entity other than an individual or sole 
 32.19  proprietorship.  
 32.20     (d) Notwithstanding paragraph (a), motor oil filters and 
 32.21  portions of motor oil filters may be processed at a permitted 
 32.22  mixed municipal solid waste resource recovery facility that 
 32.23  directly burns the waste if: 
 32.24     (1) the facility is subject to an industrial waste 
 32.25  management plan that addresses management of motor oil filters 
 32.26  and the owner or operator of the facility can demonstrate to the 
 32.27  satisfaction of the commissioner that the facility is in 
 32.28  compliance with that plan; 
 32.29     (2) the facility recovers ferrous metal after incineration 
 32.30  for recycling as part of its operation; and 
 32.31     (3) the motor oil filters are collected separately from 
 32.32  mixed municipal solid waste and are not combined with it except 
 32.33  for the purpose of incinerating the waste. 
 32.34     (e) The commissioner of the pollution control agency in 
 32.35  conjunction with the director of the office of environmental 
 32.36  assistance, industry organizations representing automotive 
 33.1   repair businesses and antifreeze recycling businesses, and 
 33.2   environmental organizations shall work together to develop and 
 33.3   promote opportunities to recycle waste motor vehicle antifreeze 
 33.4   and to review the impact of alternative antifreeze disposal or 
 33.5   recycling methods on businesses and the environment.  
 33.6      Sec. 32.  Minnesota Statutes 1996, section 115B.175, 
 33.7   subdivision 3, is amended to read: 
 33.8      Subd. 3.  [SUBMISSION AND APPROVAL OF VOLUNTARY RESPONSE 
 33.9   ACTION PLANS.] (a) "Voluntary response action plan" means: 
 33.10     (1) a plan submitted to the commissioner under section 
 33.11  115B.17, subdivision 14, that meets the requirements of this 
 33.12  section; or 
 33.13     (2) for the purposes of a site eligible under section 
 33.14  116J.554, subdivision 1, paragraph (c), a letter from the 
 33.15  commissioner stating that no response action plan is required 
 33.16  for a site. 
 33.17     (b) A person shall submit a voluntary response action plan 
 33.18  to the commissioner under section 115B.17, subdivision 14.  The 
 33.19  commissioner may provide assistance to review voluntary response 
 33.20  action plans or supervise response action implementation under 
 33.21  that subdivision. 
 33.22     ~~(b)~~ (c) A voluntary response action plan submitted for 
 33.23  approval of the commissioner must include an investigation 
 33.24  report that describes the methods and results of an 
 33.25  investigation of the releases and threatened releases at the 
 33.26  identified area of real property.  The commissioner must not 
 33.27  approve the voluntary response action plan unless the 
 33.28  commissioner determines that the nature and extent of the 
 33.29  releases and threatened releases at the identified area of real 
 33.30  property have been adequately identified and evaluated in the 
 33.31  investigation report. 
 33.32     ~~(c)~~ (d) Response actions required in a voluntary response 
 33.33  action plan under this section must meet the same standards for 
 33.34  protection that apply to response actions taken or requested 
 33.35  under section 115B.17, subdivision 1 or 2. 
 33.36     ~~(d)~~ (e) When the commissioner approves a voluntary response 
 34.1   action plan, the commissioner may include in the approval an 
 34.2   acknowledgment that, upon certification of completion of the 
 34.3   response actions as provided in subdivision 5, the person 
 34.4   submitting the plan will receive the protection from liability 
 34.5   provided under this section. 
 34.6      Sec. 33.  Minnesota Statutes 1996, section 116.07, 
 34.7   subdivision 4h, is amended to read: 
 34.8      Subd. 4h.  [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 
 34.9   shall adopt rules requiring the operator or owner of a solid 
 34.10  waste disposal facility to submit to the agency proof of the 
 34.11  operator's or owner's financial capability to provide reasonable 
 34.12  and necessary response during the operating life of the facility 
 34.13  and for 30 years after closure for a mixed municipal solid waste 
 34.14  disposal facility or for a minimum of 20 years after closure, as 
 34.15  determined by agency rules, for any other solid waste disposal 
 34.16  facility, and to provide for the closure of the facility and 
 34.17  postclosure care required under agency rules.  Proof of 
 34.18  financial responsibility is required of the operator or owner of 
 34.19  a facility receiving an original permit or a permit for 
 34.20  expansion after adoption of the rules.  Within 180 days of the 
 34.21  effective date of the rules or by July 1, 1987, whichever is 
 34.22  later, proof of financial responsibility is required of an 
 34.23  operator or owner of a facility with a remaining capacity of 
 34.24  more than five years or 500,000 cubic yards that is in operation 
 34.25  at the time the rules are adopted.  The agency may not allow the 
 34.26  operator or owner of a solid waste disposal facility to 
 34.27  substitute any of the other financial responsibility mechanisms 
 34.28  authorized by agency rules for financial assurance obligations 
 34.29  covered by existing trust fund reserves.  The agency shall allow 
 34.30  the substitution of other financial responsibility mechanisms 
 34.31  authorized by agency rules for unfunded financial assurance 
 34.32  trust fund obligations.  Compliance with the rules and the 
 34.33  requirements of paragraph (b) is a condition of obtaining or 
 34.34  retaining a permit to operate the facility. 
 34.35     (b) A municipality, as defined in section 475.51, 
 34.36  subdivision 2, including a sanitary district, that owns or 
 35.1   operates a solid waste disposal facility that was in operation 
 35.2   on May 15, 1989, may meet its financial responsibility for all 
 35.3   or a portion of the contingency action portion of the reasonable 
 35.4   and necessary response costs at the facility by pledging its 
 35.5   full faith and credit to meet its responsibility. 
 35.6      The pledge must be made in accordance with the requirements 
 35.7   in chapter 475 for issuing bonds of the municipality, and the 
 35.8   following additional requirements: 
 35.9      (1) The governing body of the municipality shall enact an 
 35.10  ordinance that clearly accepts responsibility for the costs of 
 35.11  contingency action at the facility and that reserves, during the 
 35.12  operating life of the facility and for the time period required 
 35.13  in paragraph (a) after closure, a portion of the debt limit of 
 35.14  the municipality, as established under section 475.53 or other 
 35.15  law, that is equal to the total contingency action costs. 
 35.16     (2) The municipality shall require that all collectors that 
 35.17  haul to the facility implement a plan for reducing solid waste 
 35.18  by using volume-based pricing, recycling incentives, or other 
 35.19  means. 
 35.20     (3) When a municipality opts to meet a portion of its 
 35.21  financial responsibility by relying on its authority to issue 
 35.22  bonds, it shall also begin setting aside in a dedicated 
 35.23  long-term care trust fund money that will cover a portion of the 
 35.24  potential contingency action costs at the facility, the amount 
 35.25  to be determined by the agency for each facility based on at 
 35.26  least the amount of waste deposited in the disposal facility 
 35.27  each year, and the likelihood and potential timing of conditions 
 35.28  arising at the facility that will necessitate response action.  
 35.29  The agency may not require a municipality to set aside more than 
 35.30  five percent of the total cost in a single year. 
 35.31     (4) A municipality shall have and consistently maintain an 
 35.32  investment grade bond rating as a condition of using bonding 
 35.33  authority to meet financial responsibility under this section. 
 35.34     (5) The municipality shall file with the commissioner of 
 35.35  revenue its consent to have the amount of its contingency action 
 35.36  costs deducted from state aid payments otherwise due the 
 36.1   municipality and paid instead to the environmental response, 
 36.2   compensation, and compliance account created in section 115B.20, 
 36.3   if the municipality fails to conduct the contingency action at 
 36.4   the facility when ordered by the agency.  If the agency notifies 
 36.5   the commissioner that the municipality has failed to conduct 
 36.6   contingency action when ordered by the agency, the commissioner 
 36.7   shall deduct the amounts indicated by the agency from the state 
 36.8   aids in accordance with the consent filed with the commissioner. 
 36.9      (6) The municipality shall file with the agency written 
 36.10  proof that it has complied with the requirements of paragraph 
 36.11  (b). 
 36.12     (c) The method for proving financial responsibility under 
 36.13  paragraph (b) may not be applied to a new solid waste disposal 
 36.14  facility or to expansion of an existing facility, unless the 
 36.15  expansion is a vertical expansion.  Vertical expansions of 
 36.16  qualifying existing facilities cannot be permitted for a 
 36.17  duration of longer than three years. 
 36.18     Sec. 34.  [WOLF HYBRID STUDY.] 
 36.19     By January 1, 1999, the board of animal health shall report 
 36.20  to the senate agriculture and rural development and house 
 36.21  agriculture committees regarding the need for law governing the 
 36.22  possession of a wolf hybrid, including any animal that is any 
 36.23  part wolf, in captivity.  The report must discuss the possible 
 36.24  scope of such law, the feasibility of enforcing the law, and any 
 36.25  associated costs.  If the report recommends legislation, it must 
 36.26  include a draft proposal. 
 36.27     Sec. 35.  [WATER QUALITY COST-BENEFIT MODEL SCOPING TASK 
 36.28  FORCE.] 
 36.29     The commissioner of the pollution control agency shall 
 36.30  convene a task force comprising no more than three 
 36.31  representatives each from industry, labor, agriculture, 
 36.32  municipalities, watershed management groups, and environmental 
 36.33  groups within 30 days of the effective date of this section.  
 36.34  The task force shall select an entity to conduct a scoping study 
 36.35  for a cost-benefit model to analyze water quality standards.  
 36.36  The scoping study shall include:  a watershed-based approach 
 37.1   that evaluates both point and nonpoint pollution sources, the 
 37.2   extent of the costs and benefits to be evaluated, the necessary 
 37.3   elements of the model, a model that is transferable to other 
 37.4   watersheds and standards, and the characteristics of the 
 37.5   watersheds and standards to be evaluated.  By October 15, 1998, 
 37.6   the task force shall review the completed scoping study and make 
 37.7   recommendations on the scope, cost, and time frame for 
 37.8   development of the model to the commissioner and to the chairs 
 37.9   of the house and senate environment and natural resources 
 37.10  committees, the chair of the house environment, natural 
 37.11  resources and agriculture finance committee, and the chair of 
 37.12  the senate environment and agriculture budget division.  
 37.13     Sec. 36.  [REPEALER.] 
 37.14     Minnesota Statutes 1997 Supplement, section 85.015, 
 37.15  subdivision 1c; and Laws 1991, chapter 275, section 3, are 
 37.16  repealed. 
 37.17     Sec. 37.  [EFFECTIVE DATE.] 
 37.18     Section 17 is effective August 1, 1998, and section 17, 
 37.19  subdivision 4, applies to violations committed on or after that 
 37.20  date.  Section 22 is effective July 1, 1999.  Section 23 is 
 37.21  effective January 1, 1999.  The remainder of this act is 
 37.22  effective the day following final enactment.