Minnesota Legislature
SF 1907
as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
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 providing for accounts, assessments, and fees; 1.7 amending Minnesota Statutes 1996, sections 17.03, by 1.8 adding a subdivision; 17.101; 17.116, subdivisions 2 1.9 and 3; 17.4988; 17.76; 18.79, by adding a subdivision; 1.10 18C.421, subdivisions 1 and 4; 18C.425, subdivisions 1.11 1, 2, 3, and 6; 18C.531, subdivision 2; 18C.551; 1.12 25.31; 25.32; 25.33, subdivisions 1, 5, 6, 9, 20, and 1.13 by adding subdivisions; 25.35; 25.36; 25.37; 25.38; 1.14 25.39; 25.41, subdivision 6; 28A.08, subdivision 3; 1.15 32.103; 32.394, subdivisions 8, 8a, 8b, and 8d; 35.71, 1.16 subdivision 5; 35.824; 41A.09, subdivision 3a; 84.027, 1.17 by adding a subdivision; 84.0273; 84.82, subdivision 1.18 3; 85.015, by adding a subdivision; 85.052, 1.19 subdivision 3; 85.053, subdivisions 1 and 4; 85.055, 1.20 subdivision 1, and by adding a subdivision; 88.79, by 1.21 adding a subdivision; 92.06, subdivisions 1 and 4; 1.22 92.16, subdivision 1; 94.10, subdivision 2; 97A.015, 1.23 by adding a subdivision; 97A.028, subdivisions 1 and 1.24 3; 97A.075, subdivision 1; 97A.405, subdivision 2; 1.25 97A.415, subdivision 2; 97A.475; 97B.667; 97B.715, 1.26 subdivision 1; 97B.721; 97B.801; 97C.305, subdivision 1.27 1; 97C.501, subdivision 2; 97C.801; 97C.835, by adding 1.28 a subdivision; 103F.378, subdivision 1; 115A.932, 1.29 subdivision 1; 115B.02, subdivision 16, and by adding 1.30 a subdivision; 115B.17, subdivisions 14, 15, and by 1.31 adding subdivisions; 115B.175, subdivisions 2 and 6a; 1.32 115B.412, subdivision 10; 115B.48, subdivisions 3 and 1.33 8; 115B.49, subdivision 4; 116.07, subdivisions 4d and 1.34 7; 116.92, by adding a subdivision; 116C.834, 1.35 subdivision 2; 116O.09, subdivisions 2, 5, and 9; 1.36 168.1291; 216B.2423, by adding a subdivision; 216C.41, 1.37 subdivision 1; 223.17, subdivision 3; 236.02, 1.38 subdivisions 1 and 2; 300.11, by adding a subdivision; 1.39 308A.101, by adding a subdivision; 308A.201, by adding 1.40 a subdivision; 347.33, subdivision 3; 394.25, 1.41 subdivision 2, and by adding a subdivision; 446A.02, 1.42 subdivision 6; 462.357, subdivision 1; 477A.12; and 1.43 477A.14; Laws 1995, chapter 220, section 19; and Laws 1.44 1996, chapter 463, section 7, subdivision 24; 1.45 proposing coding for new law in Minnesota Statutes, 1.46 chapters 4; 17; 25; 92; 94; 115; and 116; repealing 2.1 Minnesota Statutes 1996, sections 18C.541, subdivision 2.2 6; 25.34; 115A.908, subdivision 3; 115B.223; 115B.224; 2.3 116.991; 116.992; and 296.02, subdivision 7a; Laws 2.4 1995, chapter 220, section 21. 2.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.6 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 2.7 The sums shown in the columns marked "APPROPRIATIONS" are 2.8 appropriated from the general fund, or another fund named, to 2.9 the agencies and for the purposes specified in this act, to be 2.10 available for the fiscal years indicated for each purpose. The 2.11 figures "1997," "1998," and "1999," where used in this act, mean 2.12 that the appropriation or appropriations listed under them are 2.13 available for the year ending June 30, 1997, June 30, 1998, or 2.14 June 30, 1999, respectively. 2.15 SUMMARY BY FUND 2.16 1997 1998 1999 TOTAL 2.17 General $500,000 $175,920,000 $170,861,000 $347,281,000 2.18 Petroleum Tank 3,335,000 3,385,000 6,720,000 2.19 State Government 2.20 Special Revenue 42,000 43,000 85,000 2.21 Special Revenue 11,433,000 11,438,000 22,871,000 2.22 Environmental 21,221,000 22,270,000 43,491,000 2.23 Metro Landfill 2.24 Contingency Trust 137,000 140,000 277,000 2.25 Solid Waste 6,376,000 6,526,000 12,902,000 2.26 Natural Resources 23,417,000 23,615,000 47,032,000 2.27 Game and Fish 55,589,000 57,276,000 112,865,000 2.28 Minnesota 2.29 Future Resources 14,664,000 -0- 14,664,000 2.30 Environmental Trust 23,120,000 -0- 23,120,000 2.31 Great Lakes 2.32 Protection 120,000 -0- 120,000 2.33 Oil Overcharge 150,000 -0- 150,000 2.34 TOTAL 500,000 335,536,000 295,566,000 631,578,000 2.35 APPROPRIATIONS 2.36 Available for the Year 2.37 Ending June 30 2.38 1998 1999 2.39 Sec. 2. POLLUTION CONTROL 2.40 AGENCY 2.41 Subdivision 1. Total 2.42 Appropriation 44,542,000 42,971,000 3.1 Summary by Fund 3.2 General 14,346,000 11,539,000 3.3 Petroleum Tank 3,335,000 3,385,000 3.4 State Government Special Revenue 42,000 43,000 3.5 Special Revenue 740,000 755,000 3.6 Environmental 19,666,000 20,683,000 3.7 Metro Landfill Contingency 137,000 140,000 3.8 Solid Waste 6,276,000 6,426,000 3.9 The amounts that may be spent from this 3.10 appropriation for each program are 3.11 specified in the following subdivisions. 3.12 Subd. 2. Protection of the Water 3.13 14,101,000 11,422,000 3.14 Summary by Fund 3.15 General 11,215,000 8,475,000 3.16 State Governmental 3.17 Special Revenue 42,000 43,000 3.18 Environmental 2,844,000 2,904,000 3.19 $1,946,000 the first year is for grants 3.20 to local units of government for the 3.21 clean water partnership program. Any 3.22 unencumbered balance remaining in the 3.23 first year does not cancel and is 3.24 available for the second year of the 3.25 biennium. 3.26 $515,000 the first year and $519,000 3.27 the second year are for the Minnesota 3.28 River nonpoint source pollution program 3.29 and must be matched by federal dollars. 3.30 Of this amount, $855,000 in each fiscal 3.31 year is for grants for county 3.32 administration of the feedlot permit 3.33 program. This amount is transferred to 3.34 the board of water and soil resources 3.35 for disbursement in accordance with 3.36 Minnesota Statutes, section 103B.3369, 3.37 in cooperation with the pollution 3.38 control agency. Grants must be matched 3.39 with a combination of local cash and/or 3.40 in-kind contributions. Counties 3.41 receiving these grants shall submit an 3.42 annual report to the pollution control 3.43 agency regarding activities conducted 3.44 under the grant, expenditures made, and 3.45 local match contributions. First 3.46 priority for funding shall be given to 3.47 counties that have requested and 3.48 received delegation from the pollution 3.49 control agency for processing of animal 3.50 feedlot permit applications under 3.51 Minnesota Statutes, section 116.07, 3.52 subdivision 7. Delegated counties 4.1 shall be eligible to receive a grant of 4.2 either: $30 multiplied by the number 4.3 of livestock or poultry farms with 4.4 sales greater than $10,000, as reported 4.5 in the 1992 Census of Agriculture, 4.6 published by the United States Bureau 4.7 of Census; or $35 multiplied by the 4.8 number of feedlots with greater than 4.9 ten animal units as determined by a 4.10 level 2 or level 3 feedlot inventory 4.11 conducted in accordance with the 4.12 Feedlot Inventory Guidebook published 4.13 by the board of water and soil 4.14 resources, dated June 1991. To receive 4.15 the additional funding that is based on 4.16 the county feedlot inventory, the 4.17 county shall submit a copy of the 4.18 inventory to the pollution control 4.19 agency. Any remaining money is for 4.20 distribution to all counties on a 4.21 competitive basis through the challenge 4.22 grant process for the conducting of 4.23 feedlot inventories, development of 4.24 delegated county feedlot programs, and 4.25 for information and education or 4.26 technical assistance efforts to reduce 4.27 feedlot-related pollution hazards. Any 4.28 money remaining after the first year is 4.29 available for the second year. 4.30 $200,000 is for a grant to the Red 4.31 river basin board to develop a Red 4.32 river basin plan that will aid in 4.33 coordinating water management 4.34 activities in the states and provinces 4.35 bordering the Red river. This 4.36 appropriation is only available to the 4.37 extent it is matched by an equal amount 4.38 from the state of North Dakota. This 4.39 appropriation is available until June 4.40 30, 1999. This appropriation is from 4.41 the base reduction in section 5, 4.42 subdivision 9. This is a one-time 4.43 appropriation. 4.44 $111,000 the first year and $113,000 4.45 the second year are for the operation 4.46 of water quality monitoring stations. 4.47 $102,000 the first year and $104,000 4.48 the second year are for water quality 4.49 statistical analysis. 4.50 $1,312,000 the first year and 4.51 $1,038,000 the second year are for 4.52 water monitoring activities. Of these 4.53 amounts, $550,000 the first year and 4.54 $300,000 the second year are for 4.55 payment of a grant to the metropolitan 4.56 council for monitoring of metro area 4.57 rivers and streams. 4.58 $273,000 the first year and $435,000 4.59 the second year are for community 4.60 technical assistance and education. 4.61 $200,000 the first year and $200,000 4.62 the second year are for individual 4.63 sewage treatment system (ISTS) 4.64 administration. $....... each year is 4.65 transferred to the board of water and 5.1 soil resources for assistance to local 5.2 units of government through competitive 5.3 grant programs for ISTS program 5.4 development. 5.5 $214,000 is for administration of the 5.6 wastewater infrastructure fund (WIF) 5.7 construction program. 5.8 Notwithstanding Laws 1994, chapter 617, 5.9 section 3, paragraph (b), the amount 5.10 spent of the $120,000 appropriation 5.11 from the environmental fund for the 5.12 ISTS program during the biennium ending 5.13 June 30, 1995, must be reimbursed to 5.14 the environmental fund no later than 5.15 June 30, 1999. 5.16 $140,000 the first year and $60,000 the 5.17 second year are for the investigation 5.18 of deformed frogs in Minnesota, and may 5.19 be used for cooperative arrangements 5.20 with federal agencies. 5.21 Subd. 3. Protection of the Air 5.22 7,810,000 8,573,000 5.23 Summary by Fund 5.24 Environmental 7,070,000 7,818,000 5.25 Special Revenue 740,000 755,000 5.26 Up to $150,000 in the first year and 5.27 $150,000 in the second year may be 5.28 transferred to the small business 5.29 environmental improvement loan account 5.30 established in Minnesota Statutes, 5.31 section 116.994. 5.32 $200,000 each year from the 5.33 environmental fund is for a monitoring 5.34 program under Minnesota Statutes, 5.35 section 116.454. 5.36 Subd. 4. Protection of the 5.37 Land 5.38 15,811,000 16,038,000 5.39 Summary by Fund 5.40 General 1,679,000 1,699,000 5.41 Petroleum Tank 2,744,000 2,785,000 5.42 Environmental 6,101,000 6,142,000 5.43 Metro Landfill 5.44 Contingency 129,000 132,000 5.45 Solid Waste 5,158,000 5,280,000 5.46 If the account balance is sufficient, 5.47 up to $3,100,000 the first year and up 5.48 to $3,300,000 the second year are 5.49 transferred from the motor vehicle 5.50 transfer account in the environmental 5.51 fund to the environmental response, 5.52 compensation, and compliance account in 6.1 the environmental fund and is 6.2 appropriated as provided in this 6.3 subdivision. 6.4 $800,000 the first year and $600,000 6.5 the second year are transferred from 6.6 the motor vehicle account in the 6.7 environmental fund to the snowmobile 6.8 trails and enforcement account in the 6.9 natural resources fund. 6.10 All money in the environmental 6.11 response, compensation, and compliance 6.12 account in the environmental fund not 6.13 otherwise appropriated is appropriated 6.14 to the commissioners of the pollution 6.15 control agency and the department of 6.16 agriculture for purposes of Minnesota 6.17 Statutes, section 115B.20, subdivision 6.18 2, clauses (1), (2), (3), (4), (11), 6.19 (12), and (13). At the beginning of 6.20 each fiscal year, the two commissioners 6.21 shall jointly submit an annual spending 6.22 plan to the commissioner of finance 6.23 that maximizes the utilization of 6.24 resources and appropriately allocates 6.25 the money between the two agencies. 6.26 This appropriation is available until 6.27 June 30, 1999. 6.28 Any unencumbered balance from the 6.29 metropolitan landfill contingency 6.30 action trust fund remaining in the 6.31 first year does not cancel but is 6.32 available for the second year. 6.33 $51,000 the first year and $52,000 the 6.34 second year are from the solid waste 6.35 fund for transfer to the commissioner 6.36 of revenue to enhance compliance and 6.37 collection of solid waste assessments. 6.38 The agency's annual performance reports 6.39 required for this biennium under 6.40 Minnesota Statutes, section 15.91, must 6.41 specify the amount of lead, mercury, 6.42 and cadmium contained in sewage 6.43 biosolids spread on the land after 6.44 wastewater treatment. 6.45 Subd. 5. General Support 6.46 6,820,000 6,938,000 6.47 Summary by Fund 6.48 General 1,452,000 1,365,000 6.49 Petroleum Tank 591,000 600,000 6.50 Environmental 3,651,000 3,819,000 6.51 Metro Landfill 6.52 Contingency 8,000 8,000 6.53 Solid Waste 1,118,000 1,146,000 6.54 Sec. 3. OFFICE OF ENVIRONMENTAL 6.55 ASSISTANCE 20,497,000 20,595,000 6.56 Summary by Fund 7.1 General 19,211,000 19,277,000 7.2 Environmental 1,286,000 1,318,000 7.3 $14,008,000 the first year and 7.4 $14,008,000 the second year are for the 7.5 SCORE block grants to counties. 7.6 Any unencumbered grant and loan 7.7 balances in the first year do not 7.8 cancel but are available for grants and 7.9 loans in the second year. 7.10 All money in the metropolitan landfill 7.11 abatement account in the environmental 7.12 fund not otherwise appropriated is 7.13 appropriated to the office of 7.14 environmental assistance for the 7.15 purposes of Minnesota Statutes, section 7.16 473.844. 7.17 Sec. 4. ZOOLOGICAL BOARD 7.18 Subdivision 1. Total 7.19 Appropriation 5,545,000 5,368,000 7.20 The amounts that may be spent from this 7.21 appropriation are specified in the 7.22 following subdivisions. 7.23 Subd. 2. Biological Programs 7.24 3,707,000 3,797,000 7.25 Subd. 3. Operations 7.26 4,879,000 4,692,000 7.27 $250,000 in the first year is for 7.28 computer systems. 7.29 Sec. 5. NATURAL RESOURCES 7.30 Subdivision 1. Total 7.31 Appropriation 174,598,000 176,817,000 7.32 Summary by Fund 7.33 General 95,523,000 95,858,000 7.34 Natural Resources 23,386,000 23,583,000 7.35 Game and Fish 55,589,000 57,276,000 7.36 Solid Waste 100,000 100,000 7.37 The amounts that may be spent from this 7.38 appropriation for each program are 7.39 specified in the following subdivisions. 7.40 Subd. 2. Mineral Resources Management 7.41 4,799,000 4,883,000 7.42 Summary by Fund 7.43 General 4,799,000 4,883,000 7.44 $311,000 the first year and $311,000 7.45 the second year are for iron ore 7.46 cooperative research, of which $225,000 8.1 the first year and $225,000 the second 8.2 year are available only as matched by 8.3 $1 of nonstate money for each $1 of 8.4 state money. Any unencumbered balance 8.5 remaining in the first year does not 8.6 cancel but is available for the second 8.7 year. 8.8 $376,000 the first year and $377,000 8.9 second year are for mineral 8.10 diversification. Any unencumbered 8.11 balance remaining in the first year 8.12 does not cancel but is available for 8.13 the second year. 8.14 $46,000 the first year and $47,000 the 8.15 second year are for minerals 8.16 cooperative environmental research, of 8.17 which $30,000 the first year and 8.18 $30,000 the second year are available 8.19 only as matched by $1 of nonstate money 8.20 for each $1 of state money. Any 8.21 unencumbered balance remaining in the 8.22 first year does not cancel but is 8.23 available for the second year. 8.24 Subd. 3. Water Resources Management 8.25 10,192,000 9,550,000 8.26 Summary by Fund 8.27 General 9,941,000 9,294,000 8.28 Natural Resources 251,000 256,000 8.29 $95,000 the first year and $95,000 the 8.30 second year are for a grant to the 8.31 Mississippi headwaters board for up to 8.32 50 percent of the cost of implementing 8.33 the comprehensive plan for the upper 8.34 Mississippi within areas under its 8.35 jurisdiction. 8.36 $17,000 the first year and $17,000 the 8.37 second year are for payment to the 8.38 Leech Lake Band of Chippewa Indians to 8.39 implement its portion of the 8.40 comprehensive plan for the upper 8.41 Mississippi. 8.42 The outstanding balance of the loan to 8.43 the city of Fridley for reconstruction 8.44 of the Locke Lake dam, that was 8.45 appropriated in Laws 1991, chapter 254, 8.46 article 1, section 5, subdivision 3, is 8.47 canceled and forgiven. 8.48 $70,000 the first year is for a grant 8.49 to the city of Granite Falls, not to 8.50 exceed 50 percent of the nonfederal 8.51 share of costs for restoration of the 8.52 banks of the Minnesota river within the 8.53 city limits. 8.54 $15,000 the first year and $15,000 the 8.55 second year are for a grant to the 8.56 joint powers board established under 8.57 Minnesota Statutes, section 471.59, for 8.58 the Lewis and Clark rural water 8.59 system. The joint powers board must 9.1 prepare an annual work plan that 9.2 identifies actions to be taken to 9.3 advance the Lewis and Clark project as 9.4 a continuing source of water to meet 9.5 water supply needs in the southwest 9.6 part of the state. The work plan must 9.7 include a report on the ongoing efforts 9.8 of member cities and rural water 9.9 systems to conserve water and protect 9.10 existing groundwater supplies. The 9.11 work plan is subject to review and 9.12 approval by the commissioner. This 9.13 appropriation is available to the 9.14 extent matched by an equal amount of 9.15 nonstate money. 9.16 Notwithstanding Minnesota Statutes, 9.17 section 103G.271, subdivision 6, 9.18 paragraph (g), all water appropriation 9.19 fees collected from July 1, 1998, to 9.20 July 1, 1999, shall be deposited in the 9.21 general fund. 9.22 $100,000 is for a mediation process 9.23 regarding flood damage reduction issues 9.24 in the Red river basin. The 9.25 commissioner, the Red River Watershed 9.26 Management Board, and additional 9.27 parties selected in an equal number by 9.28 the commissioner and by the board are 9.29 the parties to the mediation. All 9.30 parties to the mediation must consent 9.31 to the expenditure of any funds by the 9.32 commissioner for the mediation process. 9.33 $50,000 of this appropriation is from 9.34 the base reduction in subdivision 9. 9.35 This is a one-time appropriation. 9.36 $190,000 is for a grant to the city of 9.37 East Grand Forks for a river bank 9.38 stabilization project on the Red River 9.39 of the North and the Red Lake river. 9.40 The appropriation is available until 9.41 June 30, 1999, to the extent matched by 9.42 an equal amount of nonstate money. 9.43 $376,000 is for a grant to the city of 9.44 Marshall for its flood control 9.45 project. $70,000 is for the Lake 9.46 Charlotte project in Wright county. 9.47 Prior to these funds being made 9.48 available, the commissioner must ensure 9.49 that the project sponsor has held a 9.50 public hearing in each affected 9.51 watershed. 9.52 Subd. 4. Forest Management 9.53 32,612,000 32,926,000 9.54 Summary by Fund 9.55 General 32,169,000 32,474,000 9.56 Natural Resources 443,000 452,000 9.57 $2,771,000 the first year and 9.58 $2,808,000 the second year are for 9.59 presuppression and suppression costs of 9.60 emergency fire fighting. If the 9.61 appropriation for either year is 10.1 insufficient, the appropriation for the 10.2 other year is available for it. If 10.3 these appropriations are insufficient 10.4 to cover all costs of suppression, the 10.5 amount necessary to pay for emergency 10.6 firefighting expenses during the 10.7 biennium is appropriated from the 10.8 general fund. If money is spent under 10.9 the appropriation in the preceding 10.10 sentence, the commissioner of natural 10.11 resources shall, by the 15th day of the 10.12 following month, report on how the 10.13 money was spent to the chairs of the 10.14 senate finance committee, the house of 10.15 representatives ways and means 10.16 committee, the finance division of the 10.17 senate environment and natural 10.18 resources committee, and the house of 10.19 representatives environment and natural 10.20 resources finance committee. The 10.21 appropriations may not be transferred. 10.22 $1,018,000 the first year and 10.23 $1,030,000 the second year are for 10.24 implementation of the activities under 10.25 Minnesota Statutes, chapter 89A. Up to 10.26 $240,000 the first year and $190,000 10.27 the second year are available for 10.28 grants to the University of Minnesota 10.29 College of Natural Resources' 10.30 Continuing Education Center, county 10.31 land departments for participation in 10.32 the Interagency Information 10.33 Cooperative, and for forest research 10.34 projects identified by the Minnesota 10.35 Forest Resources Council's Research 10.36 Advisory Committee. 10.37 By December 31, 1998, the council must 10.38 submit its fully integrated and 10.39 comprehensive timber harvest guidelines 10.40 to the senate environment and 10.41 agriculture budget division and the 10.42 house environment and natural resources 10.43 finance committee. 10.44 $200,000 is for grants to the counties 10.45 of Becker, Clearwater, and Hubbard for 10.46 reforestation, timber stand 10.47 improvements, aerial photography, and 10.48 new forest inventories in areas damaged 10.49 by windstorms in July 1995. The 10.50 appropriation is available until June 10.51 30, 1999. Of this amount, $22,000 is 10.52 for Becker county, $58,000 for Hubbard 10.53 county, and $120,000 for Clearwater 10.54 county. 10.55 $600,000 the first year and $600,000 10.56 the second year are for programs and 10.57 practices on state, county, and private 10.58 lands to regenerate and protect 10.59 Minnesota's white pine. Up to $280,000 10.60 of the appropriation in each year may 10.61 be used by the commissioner to provide 10.62 50 percent matching funds to implement 10.63 cultural practices for white pine 10.64 management on nonindustrial, private 10.65 forest lands at rates specified in the 10.66 Minnesota stewardship incentives 10.67 program manual. Up to $150,000 of the 11.1 appropriation in each year may be used 11.2 by the commissioner to provide funds to 11.3 implement cultural practices for white 11.4 pine management on county-administered 11.5 lands through grant agreements with 11.6 individual counties, with priorities 11.7 for areas that experienced wind damage 11.8 in July 1995. $40,000 each year is for 11.9 a study of the natural regeneration 11.10 process of white pine. The remainder 11.11 of the funds in each fiscal year will 11.12 be available to the commissioner for 11.13 white pine regeneration and protection 11.14 on department-administered lands. 11.15 $150,000 the first year and $150,000 11.16 the second year is appropriated to the 11.17 commissioner for a grant to the 11.18 University of Minnesota's College of 11.19 Natural Resources for research to 11.20 reduce the impact of blister rust on 11.21 Minnesota's white pine. 11.22 Subd. 5. Parks and Recreation 11.23 Management 11.24 25,869,000 26,281,000 11.25 Summary by Fund 11.26 General 25,238,000 25,649,000 11.27 Natural Resources 631,000 632,000 11.28 $631,000 the first year and $632,000 11.29 the second year are from the water 11.30 recreation account in the natural 11.31 resources fund for state park 11.32 development projects. If the 11.33 appropriation in either year is 11.34 insufficient, the appropriation for the 11.35 other year is available for it. 11.36 $2,619,000 the first year and 11.37 $2,619,000 the second year are for 11.38 payment of a grant to the metropolitan 11.39 council for metropolitan area regional 11.40 parks maintenance and operation. 11.41 Subd. 6. Trails and Waterways 11.42 Management 11.43 15,551,000 15,510,000 11.44 Summary by Fund 11.45 General 1,494,000 1,377,000 11.46 Natural Resources 12,778,000 13,082,000 11.47 Game and Fish 1,279,000 1,051,000 11.48 $5,252,000 the first year and 11.49 $5,252,000 the second year are from the 11.50 snowmobile trails and enforcement 11.51 account in the natural resources fund 11.52 for snowmobile grants-in-aid. 11.53 $252,000 the first year and $254,000 11.54 the second year are from the water 11.55 recreation account in the natural 12.1 resources fund for a safe harbor 12.2 program on Lake Superior. Any 12.3 unencumbered balance at the end of the 12.4 first year does not cancel and is 12.5 available for the second year. 12.6 $200,000 is from the snowmobile trails 12.7 and enforcement account in the natural 12.8 resources fund for the purchase of 12.9 specialty equipment to increase the 12.10 effectiveness and safety of enforcement 12.11 of snowmobile laws and rules. 12.12 $...... is for an upgrade of the horse 12.13 riding section of the Heartland trail 12.14 to permit use by snowmobiles equipped 12.15 with metal studs. 12.16 $142,000 is for a survey of trails in 12.17 state parks for accessibility to 12.18 persons with disabilities. This 12.19 appropriation is available for the 12.20 biennium. 12.21 Subd. 7. Fish and Wildlife Management 12.22 39,413,000 40,904,000 12.23 Summary by Fund 12.24 General 3,410,000 3,449,000 12.25 Natural Resources 2,013,000 2,048,000 12.26 Game and Fish 33,990,000 35,407,000 12.27 $305,000 in the first year and $310,000 12.28 in the second year are for resource 12.29 population surveys in the 1837 treaty 12.30 area. Of this amount, $104,000 in the 12.31 first year and $106,000 in the second 12.32 year are from the game and fish fund. 12.33 $923,000 the first year and $943,000 12.34 the second year are from the nongame 12.35 wildlife management account in the 12.36 natural resources fund for the purpose 12.37 of nongame wildlife management. Any 12.38 unencumbered balance remaining in the 12.39 first year does not cancel but is 12.40 available the second year. 12.41 $1,337,000 the first year and 12.42 $1,361,000 the second year are for the 12.43 reinvest in Minnesota programs of game 12.44 and fish, critical habitat, and 12.45 wetlands established under Minnesota 12.46 Statutes, section 84.95, subdivision 12.47 2. Any unencumbered balance for the 12.48 first year does not cancel but is 12.49 available for use the second year. 12.50 $1,110,000 the first year and 12.51 $1,117,000 the second year are from the 12.52 wildlife acquisition account for only 12.53 the purposes specified in Minnesota 12.54 Statutes, section 97A.071, subdivision 12.55 3. 12.56 $935,000 the first year and $956,000 12.57 the second year are from the deer 13.1 habitat improvement account for only 13.2 the purposes specified in Minnesota 13.3 Statutes, section 97A.075, subdivision 13.4 1, paragraph (b). 13.5 $60,000 the first year and $61,000 the 13.6 second year are from the deer and bear 13.7 management account for only the 13.8 purposes specified in Minnesota 13.9 Statutes, section 97A.075, subdivision 13.10 1, paragraph (c). 13.11 $...,... the first year and $...,... 13.12 the second year are from the game and 13.13 fish fund for deer and bear management 13.14 to include emergency deer feeding. If 13.15 the appropriation for either year is 13.16 insufficient, the appropriation for the 13.17 other year is available. 13.18 $668,000 the first year and $673,000 13.19 the second year are from the waterfowl 13.20 habitat improvement account for only 13.21 the purposes specified in Minnesota 13.22 Statutes, section 97A.075, subdivision 13.23 2. 13.24 $652,000 the first year and $654,000 13.25 the second year are from the trout and 13.26 salmon management account for only the 13.27 purposes specified in Minnesota 13.28 Statutes, section 97A.075, subdivision 13.29 3. 13.30 $545,000 the first year and $545,000 13.31 the second year are from the pheasant 13.32 habitat improvement account for only 13.33 the purposes specified in Minnesota 13.34 Statutes, section 97A.075, subdivision 13.35 4. In addition to the purposes 13.36 specified in Minnesota Statutes, 13.37 section 97A.075, subdivision 4, this 13.38 appropriation may be used for pheasant 13.39 restocking efforts. 13.40 $292,000 the first year and $295,000 13.41 the second year are from the game and 13.42 fish fund for activities relating to 13.43 reduction and prevention of property 13.44 damage by wildlife. $50,000 each year 13.45 is for emergency damage abatement 13.46 materials. 13.47 $63,000 the first year and $63,000 the 13.48 second year are from the wild turkey 13.49 management account for only the 13.50 purposes specified in Minnesota 13.51 Statutes, section 97A.075, subdivision 13.52 5. 13.53 $8,000 is for the construction of an 13.54 interpretive sign in the Thief Lake 13.55 wildlife management area, to be 13.56 available until June 30, 1998. 13.57 The forest ecologist, metro natural 13.58 community ecologist, and scientific and 13.59 natural areas volunteer stewardship 13.60 coordinator positions now in the 13.61 unclassified service shall be 13.62 transferred without competitive 14.1 examination to the classified service 14.2 of the state. 14.3 Subd. 8. Enforcement 14.4 18,960,000 18,937,000 14.5 Summary by Fund 14.6 General 3,050,000 2,992,000 14.7 Natural Resources 3,771,000 3,571,000 14.8 Game and Fish 12,039,000 12,274,000 14.9 Solid Waste 100,000 100,000 14.10 $1,082,000 the first year and 14.11 $1,082,000 the second year are from the 14.12 water recreation account in the natural 14.13 resources fund for grants to counties 14.14 for boat and water safety. 14.15 $100,000 each year is from the solid 14.16 waste fund for solid waste enforcement 14.17 activities under Minnesota Statutes, 14.18 section 116.073. 14.19 Subd. 9. Operations Support 14.20 29,908,000 30,546,000 14.21 Summary by Fund 14.22 General 15,422,000 15,740,000 14.23 Natural Resources 3,499,000 3,542,000 14.24 Game and Fish 8,281,000 8,544,000 14.25 The commissioner of natural resources 14.26 may contract with and make grants to 14.27 nonprofit agencies to carry out the 14.28 purposes, plans, and programs of the 14.29 office of youth programs, Minnesota 14.30 conservation corps. 14.31 The department shall submit to the 14.32 Minnesota office of technology for 14.33 review and approval of its plans for 14.34 offering consumer access through the 14.35 North Star world wide web site. 14.36 $.,...,... is for a grant to the city 14.37 of Wabasha to be used for predesign and 14.38 design of the American Bald Eagle 14.39 Center. This appropriation is 14.40 available for the biennium ending June 14.41 30, 1999, and is available only as 14.42 matched by $1 of nonstate money for $1 14.43 of state money. 14.44 $100,000 is for a grant to independent 14.45 school district No. 621, Mounds View, 14.46 to renovate the Laurentian 14.47 Environmental Learning Center located 14.48 in the Superior National Forest. This 14.49 appropriation is available until June 14.50 30, 1998, to the extent matched by an 14.51 equal amount of nonstate money. 15.1 $20,000 is for a grant to the Hyde 15.2 House research and study center group 15.3 for repairs and construction of Hyde 15.4 House and a feasibility study relating 15.5 to proposed uses of Hyde House. This 15.6 appropriation is available until July 15.7 1, 1999, to the extent it is matched by 15.8 an equal amount of nonstate money. 15.9 None of the money appropriated to the 15.10 commissioner under this section may be 15.11 used for transfer to the office of 15.12 strategic and long-range planning. The 15.13 appropriations in this subdivision 15.14 reflect a reduction in the base of 15.15 $250,000. 15.16 Sec. 6. BOARD OF WATER AND 15.17 SOIL RESOURCES 15,491,000 15,411,000 15.18 $5,353,000 the first year and 15.19 $5,353,000 the second year are for 15.20 natural resources block grants to local 15.21 governments. Of this amount, $50,000 15.22 in each year is for a grant to the 15.23 north shore management board and 15.24 $35,000 in each year is for a grant to 15.25 the St. Louis River board. 15.26 The board shall reduce the amount of 15.27 the natural resource block grant to a 15.28 county by an amount equal to any 15.29 reduction in the county's general 15.30 services allocation to a soil and water 15.31 conservation district from the county's 15.32 1996 allocation. 15.33 Grants must be matched with a 15.34 combination of local cash or in-kind 15.35 contributions. The base grant portion 15.36 related to water planning must be 15.37 matched by an amount that would be 15.38 raised by a levy under Minnesota 15.39 Statutes, section 103B.3369. 15.40 $2,282,000 the first year and 15.41 $2,509,000 the second year are for 15.42 grants to soil and water conservation 15.43 districts for general purposes and for 15.44 implementation of the RIM conservation 15.45 reserve program. Upon approval of the 15.46 board, expenditures may be made from 15.47 these appropriations for supplies and 15.48 services benefiting soil and water 15.49 conservation districts. 15.50 $2,120,000 the first year and 15.51 $2,120,000 the second year are for 15.52 grants to soil and water conservation 15.53 districts for cost-sharing contracts 15.54 for erosion control and water quality 15.55 management. This appropriation is 15.56 available until expended. 15.57 $189,000 the first year and $189,000 15.58 the second year are for grants to 15.59 watershed districts and other local 15.60 units of government in the southern 15.61 Minnesota river basin study area 2 for 15.62 floodplain management. 16.1 Any unencumbered balance in the board's 16.2 program of grants does not cancel at 16.3 the end of the first year and is 16.4 available for the second year for the 16.5 same grant program. 16.6 $27,000 the first year and $27,000 the 16.7 second year are for a grant to the 16.8 southeast Minnesota water resources 16.9 board for administrative costs. This 16.10 appropriation is available only to the 16.11 extent it is matched by $1 of nonstate 16.12 money for each $1 of state money. 16.13 $90,000 the first year and $90,000 the 16.14 second year are for grants to soil and 16.15 water conservation districts to cover 16.16 the costs of contracting for technical 16.17 staff to implement activities under the 16.18 state revolving fund. 16.19 $250,000 is for completion of water 16.20 quality improvement projects with the 16.21 12 major watersheds of the Minnesota 16.22 river basin, to be available until June 16.23 30, 1999. The water quality 16.24 improvement projects must utilize 16.25 practices that are proven effective, 16.26 must have landowner support, and must 16.27 be prioritized by the Minnesota river 16.28 basin joint powers board and the board 16.29 of water and soil resources. The board 16.30 shall use this appropriation only for 16.31 those projects where the local 16.32 landowners and counties provide 50 16.33 percent of project costs in cash. 16.34 Sec. 7. AGRICULTURE 16.35 Subdivision 1. Total 16.36 Appropriation 28,729,000 26,246,000 16.37 Summary by Fund 16.38 General 17,967,000 15,494,000 16.39 Special Revenue 10,493,000 10,483,000 16.40 Environmental 269,000 269,000 16.41 The amounts that may be spent from this 16.42 appropriation for each program are 16.43 specified in the following subdivisions. 16.44 Subd. 2. Protection Service 16.45 18,419,000 17,630,000 16.46 Summary by Fund 16.47 General 7,913,000 7,019,000 16.48 Special Revenue 10,237,000 10,342,000 16.49 Environmental 269,000 269,000 16.50 $269,000 the first year and $269,000 16.51 the second year are from the 16.52 environmental response, compensation, 16.53 and compliance account in the 16.54 environmental fund. 17.1 $4,537,000 the first year and 17.2 $4,617,000 the second year are 17.3 appropriated from the pesticide 17.4 regulatory account established under 17.5 Minnesota Statutes, section 18B.05, for 17.6 administration and enforcement of 17.7 Minnesota Statutes, chapter 18B. 17.8 $995,000 the first year and $1,010,000 17.9 the second year are appropriated from 17.10 the fertilizer inspection account 17.11 established under Minnesota Statutes, 17.12 section 18C.131, for administration and 17.13 enforcement of Minnesota Statutes, 17.14 chapter 18C. 17.15 $50,000 the first year is from the 17.16 fertilizer account to provide a match 17.17 to the $50,000 appropriation from the 17.18 environmental trust fund to conduct 17.19 nitrate testing clinics. 17.20 $368,000 the first year and $368,000 17.21 the second year are appropriated from 17.22 the seed potato inspection fund 17.23 established under Minnesota Statutes, 17.24 section 21.115, for administration and 17.25 enforcement of Minnesota Statutes, 17.26 sections 21.111 to 21.122. 17.27 $727,000 the first year and $741,000 17.28 the second year are appropriated from 17.29 the seed inspection fund established 17.30 under Minnesota Statutes, section 17.31 21.92, for administration and 17.32 enforcement of Minnesota Statutes, 17.33 sections 21.80 to 21.92. 17.34 $731,000 the first year and $744,000 17.35 the second year are appropriated from 17.36 the commercial feed inspection account 17.37 established under Minnesota Statutes, 17.38 section 25.39, subdivision 4, for 17.39 administration and enforcement of 17.40 Minnesota Statutes, sections 25.35 to 17.41 25.44. 17.42 $530,000 the first year and $530,000 17.43 the second year are appropriated from 17.44 the fruit and vegetables inspection 17.45 account established under Minnesota 17.46 Statutes, section 27.07, subdivision 6, 17.47 for administration and enforcement of 17.48 Minnesota Statutes, section 27.07. 17.49 $1,975,000 the first year and 17.50 $2,008,000 the second year are 17.51 appropriated from the dairy services 17.52 account established under Minnesota 17.53 Statutes, section 32.394, subdivision 17.54 9, for the purpose of dairy services 17.55 under Minnesota Statutes, chapter 32. 17.56 $324,000 the first year and $324,000 17.57 the second year are appropriated from 17.58 the livestock weighing fund established 17.59 under Minnesota Statutes, section 17.60 17A.11, for the purpose of livestock 17.61 weighing costs under Minnesota 17.62 Statutes, chapter 17A. 18.1 $960,000 the first year and $40,000 the 18.2 second year are for grants to dairy 18.3 diagnostic teams to provide 18.4 technologies and farming practices 18.5 applicable to dairy farms to enhance 18.6 the financial success and long-term 18.7 profitability and sustainability of 18.8 dairy farms in the state, regardless of 18.9 herd size. The commissioner shall 18.10 include information on options for 18.11 organic farming and rotational 18.12 grazing. The teams must provide the 18.13 service at a reasonable cost to the 18.14 dairy farmer. 18.15 $25,000 each year is for the Minnesota 18.16 dairy producers and consumers board, 18.17 established under Minnesota Statutes, 18.18 section 17.76. 18.19 $53,000 the first year and $53,000 the 18.20 second year are for payment of claims 18.21 relating to livestock damaged by 18.22 threatened or endangered animal species 18.23 and agricultural crops damaged by elk. 18.24 If the appropriation for either year is 18.25 insufficient, the appropriation for the 18.26 other year is available for it. 18.27 $122,000 is transferred to the seed 18.28 potato inspection fund and must be used 18.29 for the administration and enforcement 18.30 of Minnesota Statutes, sections 21.80 18.31 to 21.92. 18.32 Subd. 3. Agricultural Marketing and Development 18.33 3,375,000 3,110,000 18.34 Summary by Fund 18.35 General 3,119,000 2,969,000 18.36 Special Revenue 256,000 141,000 18.37 Notwithstanding Minnesota Statutes, 18.38 section 41A.09, subdivision 3, the 18.39 total payments from the ethanol 18.40 development account to all producers 18.41 may not exceed $49,651,000 for the 18.42 biennium ending June 30, 1999. If the 18.43 total amount for which all producers 18.44 are eligible in a quarter exceeds the 18.45 amount available for payments, the 18.46 commissioner shall make the payments on 18.47 a pro rata basis. In fiscal year 1998, 18.48 the commissioner shall first reimburse 18.49 producers for eligible unpaid claims 18.50 accumulated through June 30, 1997. 18.51 $100,000 the first year and $100,000 18.52 the second year are for ethanol 18.53 promotion and public education. 18.54 $71,000 the first year and $71,000 the 18.55 second year are for transfer to the 18.56 Minnesota grown matching account and 18.57 may be used as grants for Minnesota 18.58 grown promotion under Minnesota 18.59 Statutes, section 17.109. 19.1 $141,000 the first year and $141,000 19.2 the second year are from the 19.3 commodities research and promotion 19.4 account in the special revenue fund. 19.5 $76,000 the first year and $77,000 the 19.6 second year are for development and 19.7 promotion of integrated pest management 19.8 in an urban environment. The urban 19.9 integrated pest management development 19.10 and promotion program must be 19.11 coordinated with Metropolitan State 19.12 University. 19.13 $80,000 the first year and $80,000 the 19.14 second year are for grants to farmers 19.15 for demonstration projects involving 19.16 sustainable agriculture. If a project 19.17 cost is more than $25,000, the amount 19.18 above $25,000 must be cost-shared at a 19.19 state-applicant ratio of one to one. 19.20 Priorities must be given for projects 19.21 involving multiple parties. Up to 19.22 $20,000 each year may be used for 19.23 dissemination of information about the 19.24 demonstration grant projects. If the 19.25 appropriation for either year is 19.26 insufficient, the appropriation for the 19.27 other is available. 19.28 $200,000 is for grants under Minnesota 19.29 Statutes, section 17.101, subdivision 5. 19.30 Subd. 4. Administration and 19.31 Financial Assistance 19.32 6,935,000 5,506,000 19.33 Summary by Fund 19.34 General 6,935,000 5,506,000 19.35 $100,000 the first year and $100,000 19.36 the second year must be spent for the 19.37 WIC coupon program. 19.38 $50,000 the first year and $50,000 the 19.39 second year are for dairy policy 19.40 studies and federal milk marketing 19.41 order reform. 19.42 $115,000 the first year and $99,000 the 19.43 second year are for family farm 19.44 security interest payment adjustments. 19.45 If the appropriation for either year is 19.46 insufficient, the appropriation for the 19.47 other year is available for it. No new 19.48 loans may be approved in fiscal year 19.49 1998 or 1999. 19.50 $201,000 the first year and $202,000 19.51 the second year are for the family farm 19.52 advocacy program. 19.53 $70,000 the first year and $70,000 the 19.54 second year are for the Northern Crops 19.55 Institute. These appropriations may be 19.56 spent to purchase equipment and are 19.57 available until spent. 19.58 $150,000 the first year and $150,000 20.1 the second year are for grants to 20.2 agriculture information centers. The 20.3 grants are only available on a match 20.4 basis. The funds may be released at 20.5 the rate of $4 of state money for each 20.6 $1 of matching nonstate money that is 20.7 raised. 20.8 $100,000 is for a grant to the 20.9 University of Minnesota for a farm 20.10 safety outreach program. The program 20.11 must be designed to provide specialized 20.12 health and safety information and 20.13 training to targeted at-risk 20.14 individuals and groups. 20.15 $115,000 the first year and $115,000 20.16 the second year are for the seaway port 20.17 authority of Duluth. 20.18 $19,000 the first year and $19,000 the 20.19 second year is for a grant to the 20.20 Minnesota livestock breeder's 20.21 association. 20.22 $50,000 the first year and $50,000 the 20.23 second year are for the Passing on the 20.24 Farm Center under Minnesota Statutes, 20.25 section 17.985. This appropriation is 20.26 available only to the extent matched 20.27 with nonstate money. 20.28 $200,000 the first year and $200,000 20.29 the second year are to develop a 20.30 scientific data base on odor from 20.31 feedlots, conduct research on 20.32 biofilters as odor suppressants, and 20.33 evaluate composting and drainage 20.34 systems for effectiveness. This is a 20.35 one-time appropriation. 20.36 $270,000 is for research and 20.37 development of: (1) an odor rating 20.38 system that compares odor levels of 20.39 livestock production facilities based 20.40 on the species of livestock, livestock 20.41 housing, manure management systems, and 20.42 other factors that contribute to odor 20.43 levels; (2) recommended setback 20.44 requirements for livestock production 20.45 facilities based on the odor rating 20.46 system developed in clause (1); and (3) 20.47 best management practices to control 20.48 livestock odor with priority on the 20.49 development of practices that control 20.50 odor as much as economically feasible 20.51 during seasonal and other periods of 20.52 peak odor levels. This appropriation is 20.53 available until June 30, 1999. 20.54 $1,250,000 the first year and 20.55 $1,250,000 the second year are for an 20.56 electronic information management 20.57 system. In addition to this 20.58 appropriation, up to $250,000 each year 20.59 may be expended from the agency 20.60 indirect cost account and allocated 20.61 through the agency's indirect cost 20.62 plan. Payment of the allocation is 20.63 waived for any account if the payment 20.64 will cause fees to be increased. 21.1 $1,000,000 is to create and administer 21.2 a "Minnesota grown" coupon program to 21.3 provide food coupons to individuals and 21.4 families eligible for at least $50 per 21.5 month from the temporary hunger 21.6 prevention and community development 21.7 initiative program. 35 percent of the 21.8 total benefit an individual or family 21.9 is eligible for under the temporary 21.10 hunger prevention and community 21.11 development initiative shall be issued 21.12 each month by the commissioner as 21.13 coupons, except that the amount of 21.14 coupons issued must be rounded up to 21.15 the nearest $5 and not exceed $100 nor 21.16 be less than $20. 21.17 The commissioner of human services must 21.18 provide to the commissioner of 21.19 agriculture the names of the heads of 21.20 households who are eligible for the 21.21 "Minnesota grown" coupon program, their 21.22 addresses, the amount of coupons to be 21.23 issued to the household, and any other 21.24 information necessary to ensure the 21.25 administrative efficiency of the 21.26 "Minnesota grown" coupon program. 21.27 Eligibility for the temporary hunger 21.28 prevention and community development 21.29 initiative program, and the amount of 21.30 the benefit to be issued in "Minnesota 21.31 grown" coupons must be determined by 21.32 county agencies as defined in Minnesota 21.33 Statutes, section 256J.08, if enacted. 21.34 The coupons must be clearly labeled as 21.35 redeemable only for products licensed 21.36 to use the "Minnesota grown" logo or 21.37 labeling statement under Minnesota 21.38 Statutes, section 17.102. Coupons may 21.39 be redeemed by farmers, custom meat 21.40 processors, community-supported 21.41 agriculture farms, grocery stores, and 21.42 retailers. The person accepting the 21.43 coupon is responsible for its 21.44 redemption only on products licensed to 21.45 use the "Minnesota grown" logo or 21.46 labeling statement. 21.47 The commissioner may establish criteria 21.48 for vendor eligibility and may enforce 21.49 the "Minnesota grown" coupon program 21.50 according to Minnesota Statutes, 21.51 sections 17.982 to 17.984. 21.52 The commissioner shall report on the 21.53 "Minnesota grown" coupon program by 21.54 January 15, 1998, to the house of 21.55 representatives agriculture committee, 21.56 the senate agriculture and rural 21.57 development committee, the house 21.58 environment and natural resources 21.59 finance committee, and the senate 21.60 environment and agriculture budget 21.61 division. 21.62 $100,000 is for a grant to the Central 21.63 Lakes Agricultural Center for 21.64 continuation and expansion of research 21.65 on potato blight. 22.1 $50,000 is for beaver damage control 22.2 grants for the purposes of Minnesota 22.3 Statutes, section 17.110. 22.4 Sec. 8. BOARD OF ANIMAL HEALTH 2,259,000 2,303,000 22.5 Sec. 9. MINNESOTA-WISCONSIN 22.6 BOUNDARY AREA COMMISSION 172,000 177,000 22.7 Summary by Fund 22.8 General 141,000 145,000 22.9 Natural Resources 31,000 32,000 22.10 This appropriation is only available to 22.11 the extent it is matched by an equal 22.12 amount from the state of Wisconsin. 22.13 $31,000 the first year and $32,000 the 22.14 second year are from the water 22.15 recreation account in the natural 22.16 resources fund for the St. Croix 22.17 management and stewardship program. 22.18 Sec. 10. CITIZEN'S COUNCIL ON 22.19 VOYAGEURS NATIONAL PARK 63,000 64,000 22.20 Sec. 11. SCIENCE MUSEUM 22.21 OF MINNESOTA 1,136,000 1,164,000 22.22 Sec. 12. MINNESOTA ACADEMY 22.23 OF SCIENCE 36,000 36,000 22.24 Sec. 13. MINNESOTA HORTICULTURAL 22.25 SOCIETY 72,000 72,000 22.26 Sec. 14. AGRICULTURAL UTILIZATION 22.27 RESEARCH INSTITUTE 4,330,000 4,330,000 22.28 Summary by Fund 22.29 General 4,130,000 4,130,000 22.30 Special Revenue 200,000 200,000 22.31 $200,000 the first year and $200,000 22.32 the second year are for hybrid tree 22.33 management research and development of 22.34 an implementation plan for establishing 22.35 hybrid tree plantations in the state. 22.36 This appropriation is available to the 22.37 extent matched by $2 of nonstate 22.38 contributions, either cash or in kind, 22.39 for each $1 of state money. This shall 22.40 be added to the agency base. 22.41 Sec. 15. 1997 DEFICIENCIES; 22.42 DEPARTMENT OF NATURAL RESOURCES 500,000 22.43 $500,000 in fiscal year 1997 is for a 22.44 binding arbitration award related to 22.45 the removal of the Flandrau Dam. 22.46 $....... is for snowmobile 22.47 grants-in-aid for fiscal year 1997, to 22.48 be available until June 30, 1997. 22.49 Sec. 16. MINNESOTA RESOURCES 22.50 Subdivision 1. Total 23.1 Appropriation 38,054,000 23.2 Summary by Fund 23.3 Minnesota Future 23.4 Resources Fund 14,664,000 23.5 Environment and 23.6 Natural Resources 23.7 Trust Fund 23,120,000 23.8 Great Lakes Protection 23.9 Account 120,000 23.10 Oil Overcharge 23.11 Money in the Special 23.12 Revenue Fund 150,000 23.13 Unless otherwise provided, the amounts 23.14 in this section are available until 23.15 June 30, 1999, when projects must be 23.16 completed and final products delivered. 23.17 Subd. 2. Definitions 23.18 (a) "Future resources fund" means the 23.19 Minnesota future resources fund 23.20 referred to in Minnesota Statutes, 23.21 section 116P.13. 23.22 (b) "Trust fund" means the Minnesota 23.23 environment and natural resources trust 23.24 fund referred to in Minnesota Statutes, 23.25 section 116P.02, subdivision 6. 23.26 (c) "Great lakes protection account" 23.27 means the account referred to in 23.28 Minnesota Statutes, section 116Q.02. 23.29 (d) "Oil overcharge money" means the 23.30 money referred to in Minnesota 23.31 Statutes, section 4.071, subdivision 2. 23.32 Subd. 3. Legislative Commission 23.33 on Minnesota Resources 776,000 23.34 $304,000 of this appropriation is from 23.35 the future resources fund and $472,000 23.36 is from the trust fund, pursuant to 23.37 Minnesota Statutes, section 116P.09, 23.38 subdivision 5. 23.39 Subd. 4. Recreation 23.40 (a) STATE PARK AND RECREATION AREA 23.41 ACQUISITION, DEVELOPMENT, BETTERMENT, 23.42 AND REHABILITATION 3,500,000 23.43 This appropriation is from the trust 23.44 fund to the commissioner of natural 23.45 resources as follows: (1) for state 23.46 park and recreation area acquisition, 23.47 $2,500,000; and (2) for state park and 23.48 recreation area development, 23.49 rehabilitation, and resource 23.50 management, $1,000,000, unless 23.51 otherwise specified in the approved 23.52 work program. The use of the Minnesota 23.53 conservation corps is encouraged. The 23.54 commissioner must submit grant requests 23.55 for supplemental funding for federal 24.1 ISTEA money in eligible categories and 24.2 report the results to the legislative 24.3 commission on Minnesota resources. 24.4 This project must be completed and 24.5 final products delivered by June 30, 24.6 2000, and the appropriation is 24.7 available until that date. 24.8 (b) METROPOLITAN REGIONAL PARK 24.9 SYSTEM 3,500,000 24.10 This appropriation is from the trust 24.11 fund for payment by the commissioner of 24.12 natural resources to the metropolitan 24.13 council for subgrants for acquisition, 24.14 development and rehabilitation in the 24.15 metropolitan regional park system 24.16 consistent with the metropolitan 24.17 council regional recreation open space 24.18 capital improvement plan. This 24.19 appropriation may be used for the 24.20 purchase of homes only if the purchases 24.21 are expressly included in the work 24.22 program approved by the legislative 24.23 commission on Minnesota resources. The 24.24 metropolitan council shall collect and 24.25 digitize all local, regional, state and 24.26 federal parks and all off-road trails 24.27 with connecting on-road routes for the 24.28 Metropolitan area and produce a printed 24.29 map. This project must be completed 24.30 and final products delivered by June 24.31 30, 2000, and the appropriation is 24.32 available until that date. 24.33 (c) LOCAL INITIATIVES GRANTS 24.34 PROGRAM 2,900,000 24.35 This appropriation is from the future 24.36 resources fund to the commissioner of 24.37 natural resources to provide matching 24.38 grants, as follows: 24.39 (1) $600,000 to local units of 24.40 government for local park and 24.41 recreation areas pursuant to Minnesota 24.42 Statutes, section 85.019. $50,000 of 24.43 this appropriation is to complete the 24.44 Larue public water access. 24.45 (2) $600,000 to local units of 24.46 government for natural and scenic areas 24.47 pursuant to Minnesota Statutes, section 24.48 85.019. 24.49 (3) $900,000 for trail grants to local 24.50 units of government on land to be 24.51 maintained for at least 20 years for 24.52 the purposes of the grant. $200,000 is 24.53 for grants of up to $50,000 per project 24.54 for trail linkages between communities, 24.55 trails, and parks, and $700,000 is for 24.56 grants of up to $250,000 for locally 24.57 funded trails of regional 24.58 significance. $250,000 is to provide 24.59 matching funds for an ISTEA grant to 24.60 provide easement acquisition and 24.61 engineering costs for a proposed trail 24.62 between the city of Pelican Rapids and 24.63 Maplewood state park. 25.1 (4) $600,000 for a statewide 25.2 conservation partners program, to 25.3 encourage private organizations and 25.4 local governments to cost share 25.5 improvement of fish, wildlife, and 25.6 native plant habitats and research and 25.7 surveys of fish and wildlife. 25.8 Conservation partners grants may be up 25.9 to $10,000 each. 25.10 (5) $200,000 for environmental 25.11 partnerships program grants of up to 25.12 $10,000 each for environmental service 25.13 projects and related education 25.14 activities through public and private 25.15 partnerships. 25.16 In addition to the required work 25.17 program, grants may not be approved 25.18 until grant proposals to be funded have 25.19 been submitted to the legislative 25.20 commission on Minnesota resources and 25.21 the commission has approved the grants 25.22 or allowed 60 days to pass. The above 25.23 appropriations, in combination, are 25.24 available half for the metropolitan 25.25 area as defined in Minnesota Statutes, 25.26 section 473.121, subdivision 2, and 25.27 half for outside of the metropolitan 25.28 area. For the purpose of this 25.29 paragraph, the match must be nonstate 25.30 contributions, but may be either cash 25.31 or in-kind. This project must be 25.32 completed and final products delivered 25.33 by June 30, 2000, and the appropriation 25.34 is available until that date. 25.35 (d) BORDER-TO-BORDER TRAIL 25.36 STUDY 100,000 25.37 This appropriation is from the trust 25.38 fund to the commissioner of natural 25.39 resources for the border-to-border 25.40 trail study of the trails and waterways 25.41 division. The border-to-border trail 25.42 study shall inventory and integrate 25.43 local, regional, and state trail 25.44 systems and plan for future 25.45 development, including identifying 25.46 abandoned rail lines and dual 25.47 treadways. The Minnesota recreational 25.48 trail users association (MURTA) shall 25.49 serve as the advisory group to the 25.50 department of natural resources in 25.51 developing the study and plan. The 25.52 appropriation is available until June 25.53 30, 1999. 25.54 Subd. 5. Historic Sites 25.55 (a) FORT SNELLING STATE PARK - UPPER 25.56 BLUFF UTILIZATION AND AYH HOSTEL 250,000 25.57 This appropriation is from the future 25.58 resources fund to the commissioner of 25.59 natural resources for a cooperative 25.60 project with Hostelling International 25.61 and community cooperators to develop a 25.62 conceptual utilization plan for the 25.63 Upper Bluff Area, assess buildings for 25.64 potential hostel use, and complete the 26.1 design and construction documents for a 26.2 building or buildings for future 26.3 renovation as a hostel. This 26.4 appropriation must be matched by at 26.5 least $20,000 of nonstate money. 26.6 (b) PROTECTING RURAL HISTORIC 26.7 LANDSCAPES IN HIGH DEVELOPMENT AREAS 80,000 26.8 This appropriation is from the trust 26.9 fund to the Minnesota Historical 26.10 Society to document resources and 26.11 prepare a management plan for 26.12 historical agricultural landscapes in 26.13 the St. Cloud-Rochester growth corridor. 26.14 (c) JEFFERS PETROGLYPHS ENVIRONMENTAL 26.15 ASSESSMENT AND PRAIRIE RESTORATION 125,000 26.16 This appropriation is from the future 26.17 resources fund to the Minnesota 26.18 Historical Society to establish an 26.19 environmental monitoring program and 26.20 assess environmental effects on the 26.21 petroglyphs and restore native prairie 26.22 to parts of this state site. 26.23 (d) MILL RUINS PARK ARCHAEOLOGICAL 26.24 INVESTIGATION AND FEASIBILITY STUDY 75,000 26.25 This appropriation is from the future 26.26 resources fund to the Minnesota 26.27 Historical Society for an agreement 26.28 with the Minneapolis Park and 26.29 Recreation Board for archaeological 26.30 investigations of the 19th-century 26.31 mills along the central river front to 26.32 assess the feasibility of developing an 26.33 interpretive park. This appropriation 26.34 must be matched by at least $75,000 of 26.35 nonstate money. 26.36 (e) PLANNING AND ASSESSMENT OF SMALL 26.37 HISTORIC SITES 200,000 26.38 This appropriation is from the future 26.39 resources fund to the Minnesota 26.40 Historical Society for the development 26.41 of master plans and archaeological 26.42 reconnaissance at the Comstock House, 26.43 Folsom House, Mayo House, and Harkin 26.44 Store state historic sites. 26.45 (f) DEVELOPMENT OF BIRCH COULEE STATE 26.46 HISTORIC SITE 270,000 26.47 This appropriation is from the trust 26.48 fund to the Minnesota Historical 26.49 Society to improve public access to the 26.50 state historic site at Birch Coulee, 26.51 with self-guided trails, interpretive 26.52 markers, and basic visitor amenities. 26.53 (g) WENDELIN AND JULIANNA GRIMM FARM 26.54 RESTORATION 200,000 26.55 This appropriation is from the future 26.56 resources fund to the Minnesota 26.57 Historical Society for an agreement 26.58 with Hennepin Parks to begin to 26.59 stabilize and restore the Grimm Farm. 27.1 This appropriation must be matched by 27.2 at least $200,000 of nonstate money. 27.3 (h) WHITE OAK LEARNING CENTER 27.4 ENVIRONMENTAL AWARENESS 27.5 THROUGH HISTORY 125,000 27.6 This appropriation is from the future 27.7 resources fund to the commissioner of 27.8 natural resources for an agreement with 27.9 the White Oak Society, Inc., to create 27.10 an education program integrating 27.11 environmental education into 27.12 historical, cultural, and social 27.13 contexts. 27.14 (i) HISTORICAL AND CULTURAL MUSEUM ON 27.15 VERMILION LAKE INDIAN RESERVATION 100,000 27.16 This appropriation is from the future 27.17 resources fund to the Minnesota 27.18 Historical Society for an agreement 27.19 with Bois Forte Reservation to design 27.20 and construct a historical museum for 27.21 cultural interpretation adjacent to an 27.22 historic gold mine and fur trade post 27.23 on Lake Vermilion. As an additional 27.24 condition of acceptance of this 27.25 appropriation, this facility may not be 27.26 used for any form of gambling or the 27.27 promotion of gambling. This 27.28 appropriation must be matched by at 27.29 least $100,000 of nonstate money. 27.30 (j) NATIVE AMERICAN PERSPECTIVE OF 27.31 THE HISTORIC NORTH SHORE 60,000 27.32 This appropriation is from the future 27.33 resources to the Minnesota Historical 27.34 Society for an agreement with the 27.35 Sugarloaf Interpretive Center 27.36 Association for an interpretive study 27.37 of Native Americans on the North Shore 27.38 of Lake Superior in cooperation with 27.39 Native American bands. This 27.40 appropriation must be matched by at 27.41 least $30,000 of nonstate money. 27.42 (k) CHILDREN'S MUSEUM AT JUDY 27.43 GARLAND BIRTHPLACE 200,000 27.44 This appropriation is from the future 27.45 resources fund to the commissioner of 27.46 natural resources for an agreement with 27.47 the Judy Garland Children's Museum to 27.48 assist in the design and construction 27.49 of a children's museum. This 27.50 appropriation must be matched by at 27.51 least $1,275,000 of nonstate money 27.52 committed by June 30, 1998. 27.53 (l) SOUDAN UNDERGROUND PHYSICS 27.54 LABORATORY EXPANSION 400,000 27.55 This appropriation is from the future 27.56 resources fund to the University of 27.57 Minnesota to assist in the construction 27.58 of the Soudan Mine facilities for 27.59 scientific interpretation. 27.60 Subd. 6. Water Resources 28.1 (a) ON-SITE SEWAGE TREATMENT 28.2 ALTERNATIVES AND TECHNOLOGY 28.3 TRANSFER 500,000 28.4 This appropriation is from the future 28.5 resources fund to the pollution control 28.6 agency for the second biennium to 28.7 evaluate alternative on-site sewage 28.8 treatment systems for cost-effective 28.9 removal of pathogenic bacteria, viruses 28.10 and nutrients. 28.11 (b) NITRATE EDUCATION AND TESTING 150,000 28.12 This appropriation is from the trust 28.13 fund to the commissioner of agriculture 28.14 to accelerate knowledge of nitrate 28.15 levels in private drinking water 28.16 supplies through development of water 28.17 testing clinics for rural well owners 28.18 and education programs. This 28.19 appropriation must be matched by at 28.20 least $50,000 from the agriculture 28.21 fertilizer inspection account. 28.22 (c) SNAKE RIVER WATERSHED BMPS 100,000 28.23 This appropriation is from the trust 28.24 fund to the board of water and soil 28.25 resources for an agreement with the 28.26 Snake River Watershed Management Board 28.27 to accelerate the implementation of the 28.28 1996 Snake River Watershed Management 28.29 Plan. 28.30 (d) EVALUATION OF WATERSHED BASED 28.31 WATERSHED DISTRICT MANAGEMENT 150,000 28.32 This appropriation is from the future 28.33 resources fund to the board of water 28.34 and soil resources for an agreement 28.35 with the Minnesota Association of 28.36 Watershed Districts to evaluate the 28.37 effectiveness of water quality 28.38 management by watershed districts. 28.39 This appropriation must be matched by 28.40 at least $75,000 of nonstate money. 28.41 (e) RED RIVER VALLEY PLANNING 28.42 AND MANAGEMENT 375,000 28.43 This appropriation is from the trust 28.44 fund to the pollution control agency to 28.45 create an ecosystem management plan for 28.46 the Red River Valley, integrating land 28.47 and water basin management strategies 28.48 in cooperation with interstate and 28.49 international organizations. 28.50 (f) SUSTAINABLE LAKE PLANS 270,000 28.51 This appropriation is from the trust 28.52 fund to the University of Minnesota, 28.53 Center for Urban and Regional Affairs, 28.54 in cooperation with the Minnesota Lakes 28.55 Association, to develop education 28.56 programs and a comprehensive lake plan 28.57 in each of the state's five lake 28.58 regions. 28.59 (g) LAKESHORE RESTORATION - MINNEAPOLIS 29.1 CHAIN OF LAKES 300,000 29.2 This appropriation is from the trust 29.3 fund to the commissioner of natural 29.4 resources for an agreement with the 29.5 Minneapolis Park and Recreation Board 29.6 to restore native plants on lake shores 29.7 of the chain of lakes to improve water 29.8 quality, wildlife habitat, and decrease 29.9 erosion. This appropriation must be 29.10 matched by at least $150,000 of 29.11 nonstate money. 29.12 (h) ATMOSPHERIC AND NONPOINT POLLUTION 29.13 TRENDS IN MINNESOTA LAKES 325,000 29.14 This appropriation is from the trust 29.15 fund to the pollution control agency to 29.16 document geographic and historic trends 29.17 in lake eutrophication and inputs of 29.18 toxic metals and organic pollutants 29.19 from land-use impacts and atmospheric 29.20 sources. This appropriation is 29.21 available until June 30, 2000, at which 29.22 time the project must be completed and 29.23 final products delivered, unless an 29.24 earlier date is specified in the work 29.25 program. 29.26 Subd. 7. Agricultural Practices 29.27 (a) BIOLOGICAL CONTROL OF 29.28 AGRICULTURAL PESTS 200,000 29.29 This appropriation is from the trust 29.30 fund to the University of Minnesota to 29.31 accelerate using biological control of 29.32 pests in agricultural production 29.33 systems. This appropriation is 29.34 available until June 30, 2000, at which 29.35 time the project must be completed and 29.36 final products delivered, unless an 29.37 earlier date is specified in the work 29.38 program. 29.39 (b) CROP MANAGEMENT TO MINIMIZE 29.40 PESTICIDE INPUTS 300,000 29.41 This appropriation is from the trust 29.42 fund to the University of Minnesota to 29.43 develop nonpesticide management 29.44 strategies for pest control for crops. 29.45 (c) SUSTAINABLE FARMING SYSTEMS 560,000 29.46 This appropriation is from the trust 29.47 fund to the University of Minnesota for 29.48 a comprehensive program of 29.49 complementary on-farm and experiment 29.50 station research, demonstration, and 29.51 educational activities about the 29.52 economic and environmental effects of 29.53 sustainable farming systems. 29.54 (d) PRAIRIE-GRASSLAND LANDSCAPES 125,000 29.55 This appropriation is from the trust 29.56 fund to the commissioner of natural 29.57 resources for the second biennium to 29.58 implement grassland ecosystem 29.59 stewardship activities in the Glacial 30.1 Lake Agassiz Interbeach area in 30.2 cooperation with the resource 30.3 conservation and development councils. 30.4 (e) REDUCING MINNESOTA RIVER 30.5 POLLUTION FROM LACUSTRINE SOILS 250,000 30.6 This appropriation is from the future 30.7 resources fund to the commissioner of 30.8 agriculture in cooperation with the 30.9 University of Minnesota for the second 30.10 biennium to research the impact of 30.11 farming systems utilizing crop residue 30.12 for sediment control on lacustrine 30.13 landscapes in the Minnesota River Basin. 30.14 (f) MERCURY MANOMETERS 250,000 30.15 This appropriation is from the trust 30.16 fund to the commissioner of agriculture 30.17 for the purposes of Minnesota Statutes, 30.18 sections 17.861, 115A.932, and 116.92, 30.19 and is available until June 30, 1999. 30.20 Subd. 8. Pollution Prevention 30.21 (a) TOXIC EMISSIONS FROM FIRE 30.22 TRAINING 65,000 30.23 This appropriation is from the trust 30.24 fund to metropolitan state university 30.25 to identify and quantify toxic 30.26 emissions from live-burn training in 30.27 acquired structures to evaluate and 30.28 propose alternatives. This 30.29 appropriation is available until June 30.30 30, 2000, at which time the project 30.31 must be completed and final products 30.32 delivered, unless an earlier date is 30.33 specified in the work program. 30.34 (b) POLLUTION PREVENTION TRAINING 30.35 PROGRAM FOR INDUSTRIAL EMPLOYEES 250,000 30.36 This appropriation is from the future 30.37 resources fund to the director of the 30.38 office of environmental assistance for 30.39 agreements with Citizens for a Better 30.40 Environment and the University of 30.41 Minnesota to provide the training and 30.42 technical assistance needed for 30.43 pollution prevention by industrial 30.44 employees. 30.45 Subd. 9. Impacts on Natural Resources 30.46 (a) GRANTS TO LOCAL GOVERNMENTS 30.47 TO ASSIST NATURAL RESOURCE 30.48 DECISION MAKING 150,000 30.49 This appropriation is from the future 30.50 resources fund to the board of water 30.51 and soil resources for matching grants 30.52 to local governments to help enable 30.53 incorporation of impacts on natural 30.54 resources into local decision making. 30.55 (b) EVALUATION OF URBAN GROWTH 30.56 ECONOMIC AND ENVIRONMENTAL 30.57 COSTS AND BENEFITS 275,000 31.1 This appropriation is from the future 31.2 resources fund to the director of the 31.3 office of strategic and long-range 31.4 planning for an agreement with 31.5 Minnesotans for an energy-efficient 31.6 economy to evaluate the benefits, 31.7 costs, and environmental impacts of 31.8 alternative urban and rural growth 31.9 patterns. 31.10 (c) REINVENTING THE AGRICULTURAL LAND 31.11 PRESERVATION PROGRAM 100,000 31.12 This appropriation is from the future 31.13 resources fund to the commissioner of 31.14 agriculture to evaluate the 31.15 effectiveness of Minnesota s 31.16 agricultural land preservation 31.17 programs, and identify and quantify 31.18 fiscal impacts of rural sprawl. This 31.19 appropriation must be matched by at 31.20 least $100,000 of nonstate money or 31.21 money from the Minnesota conservation 31.22 fund. 31.23 (d) NEW MODELS FOR LAND-USE 31.24 PLANNING 530,000 31.25 This appropriation is from the trust 31.26 fund to the commissioner of natural 31.27 resources for an agreement with the 31.28 Land Stewardship Project for planning, 31.29 inventory, technical assistance, and 31.30 education addressing voluntary 31.31 easements, purchase, and transfer of 31.32 development rights to create a 31.33 protected green corridor in Washington 31.34 and Chisago counties. Up to $30,000 is 31.35 to provide training in adapting 31.36 holistic resource management concepts 31.37 and principles for decision making in 31.38 land use planning. 31.39 (e) NORTH MINNEAPOLIS UPPER RIVER 31.40 MASTER PLAN 300,000 31.41 This appropriation is from the future 31.42 resources fund to the commissioner of 31.43 natural resources for an agreement with 31.44 the Minneapolis Park and Recreation 31.45 Board to develop a master plan 31.46 addressing greenspace and trail 31.47 development, riverbank restoration, and 31.48 stimulation of river-oriented land uses 31.49 within a corridor along the east and 31.50 west banks of the Mississippi River 31.51 from Plymouth Avenue north to the 31.52 Minneapolis city limits. This 31.53 appropriation must be matched by at 31.54 least $100,000 of nonstate money. 31.55 (f) PREVENTING STORMWATER RUNOFF 31.56 PROBLEMS THROUGH WATERSHED 31.57 LAND DESIGN 250,000 31.58 This appropriation is from the future 31.59 resources fund to the University of 31.60 Minnesota to develop watershed-based 31.61 land design models for preserving 31.62 habitat and traditional patterns, and 31.63 preventing flooding and water quality 32.1 degradation. 32.2 (g) MILLER CREEK MANAGEMENT 100,000 32.3 This appropriation is from the future 32.4 resources fund to the board of water 32.5 and soil resources for agreements with 32.6 the Miller Creek Task Force and the 32.7 natural resources research institute. 32.8 At least $75,000 of this appropriation 32.9 is to the Miller Creek Task Force to 32.10 implement water quality improvement 32.11 activities on Miller Creek and must be 32.12 matched by at least $50,000 of nonstate 32.13 money. Up to $25,000 is for an 32.14 agreement with the natural resources 32.15 research institute for research 32.16 activities and an additional $25,000 of 32.17 activity must be provided by the 32.18 natural resources research institute or 32.19 be provided by other sources. This 32.20 appropriation is contingent on the 32.21 formation of a watershed district or a 32.22 joint powers agreement. 32.23 Subd. 10. Decision-Making Tools 32.24 (a) COMPARATIVE RISKS OF MULTIPLE 32.25 CHEMICAL EXPOSURES 150,000 32.26 This appropriation is from the future 32.27 resources fund to the commissioner of 32.28 health to develop comparative risk 32.29 information for managing exposures to 32.30 multiple environmental hazards from 32.31 measurements of pesticides, volatile 32.32 organic compounds, and metals in soil, 32.33 air, water, and food. 32.34 (b) METROPOLITAN AREA GROUNDWATER 32.35 MODEL 300,000 32.36 This appropriation is from the trust 32.37 fund to the pollution control agency 32.38 for the second biennium to improve and 32.39 refine the metropolitan groundwater 32.40 model to improve contaminant tracking, 32.41 cleanup evaluation, and overall 32.42 protection of groundwater resources. 32.43 (c) WOLF MANAGEMENT PLAN 100,000 32.44 This appropriation is from the future 32.45 resources fund to the commissioner of 32.46 natural resources to develop a 32.47 management plan for Minnesota wolves, 32.48 to be ready for implementation if the 32.49 eastern timberwolf is removed from the 32.50 federal endangered species list. 32.51 (d) MINNESOTA RIVER BASIN NATURAL 32.52 RESOURCE DATA 250,000 32.53 This appropriation is from the trust 32.54 fund to Mankato State University in 32.55 cooperation with the Minnesota River 32.56 Basin Joint Powers Board to prepare 32.57 geographic information system data sets 32.58 for the 1,208 minor watersheds, provide 32.59 Internet access to the data, and 32.60 outreach training. This appropriation 33.1 must be matched by at least $100,000 of 33.2 nonstate money. 33.3 (e) LAND USE DEVELOPMENT AND NATURAL 33.4 RESOURCE PROTECTION MODEL 400,000 33.5 This appropriation is from the trust 33.6 fund to the commissioner of natural 33.7 resources for an agreement with the 33.8 city of Winona to develop a geographic 33.9 information system implementation tool 33.10 to assist in the evaluation of natural 33.11 resource protection in land use 33.12 decision making by local governments. 33.13 This appropriation must be matched by 33.14 at least $88,000 of nonstate money. 33.15 (f) STATEWIDE DIGITAL SOIL 33.16 DATABASE - PHASE I 145,000 33.17 This appropriation is from the future 33.18 resources fund to the board of water 33.19 and soil resources for the first 33.20 biennium for a pilot program to 33.21 investigate methods to digitize data 33.22 from older soil surveys and to 33.23 coordinate soil survey digitizing in at 33.24 least one county on a 50 percent cost 33.25 share basis. Up to $30,000 of this 33.26 appropriation is for digitization and 33.27 must be matched by nonstate money by 33.28 April 30, 1999. 33.29 (g) FILLMORE COUNTY SOIL 33.30 SURVEY UPDATE 65,000 33.31 This appropriation is from the trust 33.32 fund to the board of water and soil 33.33 resources to provide half of the 33.34 nonfederal share for the second year of 33.35 a six-year project to update the 33.36 Fillmore county soil survey into a 33.37 digitized and manuscript format. 33.38 Subd. 11. Public Access to Natural 33.39 Resource Data 33.40 (a) FOUNDATIONS FOR INTEGRATED ACCESS 33.41 TO ENVIRONMENTAL INFORMATION 650,000 33.42 This appropriation is from the future 33.43 resources fund to the director of the 33.44 office of strategic and long-range 33.45 planning for a collaborative effort 33.46 among natural resource agencies to 33.47 design, develop, and test a solution to 33.48 provide integrated electronic access to 33.49 environmental and natural resource 33.50 data. These data must be made 33.51 accessible and free to the public 33.52 unless made private under the Data 33.53 Practices Act. 33.54 (b) ELECTRONIC ACCESS TO MINNESOTA'S 33.55 NATIONAL REGISTER OF HISTORIC PLACES 150,000 33.56 This appropriation is from the trust 33.57 fund to the Minnesota Historical 33.58 Society to update and provide public 33.59 electronic access to information about 33.60 Minnesota's National Register 34.1 properties. 34.2 (c) PUBLIC ACCESS TO ARCHAEOLOGICAL 34.3 KNOWLEDGE 200,000 34.4 This appropriation is from the future 34.5 resources fund to the Minnesota 34.6 Historical Society for an agreement 34.7 with the Institute for Minnesota 34.8 Archaeology to enhance and provide 34.9 public electronic access to regional 34.10 archaeological data that have been 34.11 acquired or maintained with public 34.12 money. 34.13 Subd. 12. Sustainable Development 34.14 Activities 34.15 (a) SUSTAINABLE DEVELOPMENT ASSISTANCE 34.16 FOR MUNICIPALITIES THROUGH ELECTRIC 34.17 UTILITIES 250,000 34.18 This appropriation is from the future 34.19 resources fund to the commissioner of 34.20 administration for an agreement with 34.21 the Minnesota Municipal Utilities 34.22 Association to provide decision-making 34.23 tools, technical information, and 34.24 expert assistance to advance 34.25 sustainable renewable energy and energy 34.26 efficiency developments and implement 34.27 demonstration projects in at least four 34.28 communities. This appropriation must 34.29 be matched by at least $250,000 in 34.30 nonstate money. 34.31 (b) RENEWABLE ENERGY DEMONSTRATION 34.32 AND EDUCATION IN STATE PARKS 230,000 34.33 $80,000 of this appropriation is from 34.34 the trust fund and $150,000 is from oil 34.35 overcharge money to the commissioner of 34.36 natural resources for an agreement with 34.37 the Center for Energy and Environment 34.38 to demonstrate cost-effective 34.39 applications of renewable energy 34.40 technologies in state parks by 34.41 developing technology selection 34.42 guidelines, installing projects in 34.43 state parks, and providing public 34.44 renewable energy education. This 34.45 appropriation is available until June 34.46 30, 2000, at which time the project 34.47 must be completed and final products 34.48 delivered, unless an earlier date is 34.49 specified in the work program. 34.50 (c) ALFALFA BIOMASS PRODUCTION 200,000 34.51 This appropriation is from the future 34.52 resources fund to the University of 34.53 Minnesota for the evaluation of the 34.54 environmental impacts and benefits of 34.55 the production of alfalfa for 34.56 electrical power generation. This 34.57 appropriation is available until June 34.58 30, 2000, at which time the project 34.59 must be completed and final products 34.60 delivered, unless an earlier date is 34.61 specified in the work program. 35.1 (d) SUSTAINABLE DEVELOPMENT OF WIND 35.2 ENERGY ON FAMILY FARMS 200,000 35.3 This appropriation is from the future 35.4 resources fund to the commissioner of 35.5 administration for an agreement with 35.6 the Sustainable Resources Center for 35.7 the second biennium to provide 35.8 technical assistance, wind assessment, 35.9 and technology transfer for the 35.10 development of wind energy harvesting. 35.11 (e) CONNECTING PEOPLE AND PLACES 35.12 THROUGH YELLOW BIKES 95,000 35.13 This appropriation is from the future 35.14 resources fund to the office of 35.15 environmental assistance for an 35.16 agreement with the Yellow Bike 35.17 Coalition to expand and develop a 35.18 bicycle recycling and transportation 35.19 program in at least three cities. 35.20 (f) SUSTAINABLE GARDENING FOR MINNESOTA 35.21 HOMES AND COMMUNITIES 400,000 35.22 This appropriation is from the future 35.23 resources fund to the commissioner of 35.24 natural resources for an agreement with 35.25 the Sustainable Resources Center for 35.26 the fifth biennium to accelerate 35.27 community garden programs through 35.28 technical assistance to encourage 35.29 ecologically sound landscape plantings 35.30 and maintenance. Up to $60,000 is to 35.31 provide a link between sustainable 35.32 agriculture farmers and urban consumers. 35.33 (g) EVALUATE RIPARIAN FORESTS FOR 35.34 THE MINNESOTA RIVER 300,000 35.35 This appropriation is from the trust 35.36 fund. $80,000 is to the commissioner 35.37 of natural resources, $210,000 is to 35.38 the University of Minnesota, and 35.39 $10,000 is to the commissioner of 35.40 agriculture to evaluate the impact of 35.41 planting trees on sensitive riparian 35.42 lands. This appropriation must be 35.43 spent in cooperation with the Minnesota 35.44 River Basin Joint Powers Board. This 35.45 appropriation is available until June 35.46 30, 2000, at which time the project 35.47 must be completed and final products 35.48 delivered, unless an earlier date is 35.49 specified in the work program. 35.50 (h) ECONOMICS FOR LASTING 35.51 PROGRESS 250,000 35.52 This appropriation is from the future 35.53 resources fund to the director of the 35.54 office of strategic and long-range 35.55 planning for an assessment of how 35.56 economic indicators and policies reward 35.57 or discourage pollution, employment, 35.58 and sustainable resource use in 35.59 Minnesota. 35.60 (i) SOY-BASED DIESEL FUEL 35.61 STUDY 75,000 36.1 This appropriation is from the trust 36.2 fund to the commissioner of 36.3 agriculture, in cooperation with one or 36.4 more commissioners of appropriate state 36.5 agencies, for a pilot project to test 36.6 the use of soy-based biodiesel fuel to 36.7 operate fleet vehicles. The study must 36.8 include an analysis of the 36.9 environmental effects, operational 36.10 characteristics, and obstacles to widen 36.11 use of soy-based biodiesel. 36.12 Subd. 13. Environmental Education 36.13 (a) SCHOOL NATURE AREA PROJECT 36.14 (SNAP) 250,000 36.15 This appropriation is from the trust 36.16 fund to the commissioner of natural 36.17 resources for an agreement with St. 36.18 Olaf College for the second biennium to 36.19 accelerate partnerships between 36.20 institutions of higher education and 36.21 schools to develop school nature areas 36.22 and demonstrate methods of ecological 36.23 enhancement for integration into school 36.24 curriculum. 36.25 (b) WATERSHED SCIENCE: INTEGRATED 36.26 RESEARCH AND EDUCATION PROGRAM 500,000 36.27 This appropriation is from the future 36.28 resources fund to the Science Museum of 36.29 Minnesota to establish a long-term 36.30 monitoring program for the Valley Creek 36.31 watershed, develop a public geographic 36.32 information system laboratory, and 36.33 watershed science education programs. 36.34 (c) MINNESOTA FROG WATCH 300,000 36.35 This appropriation is from the trust 36.36 fund to the commissioner of natural 36.37 resources for an agreement with the 36.38 Center for Global Environmental 36.39 Education, Hamline University, for the 36.40 second biennium to accelerate the 36.41 Minnesota frog watch environmental 36.42 education and monitoring program for 36.43 youth and families in formal and 36.44 nonformal education settings. This 36.45 appropriation is available until June 36.46 30, 2000, at which time the project 36.47 must be completed and final products 36.48 delivered, unless an earlier date is 36.49 specified in the work program. 36.50 (d) ENVIRONMENTAL SERVICE LEARNING 36.51 PROJECTS IN MINNEAPOLIS SCHOOLS 100,000 36.52 This appropriation is from the future 36.53 resources fund to the commissioner of 36.54 natural resources for an agreement with 36.55 Eco Education to provide training and 36.56 minigrants for student service learning 36.57 projects. This appropriation is 36.58 available until June 30, 2000, at which 36.59 time the project must be completed and 36.60 final products delivered, unless an 36.61 earlier date is specified in the work 37.1 program. 37.2 (e) PARTNERS IN ACCESSIBLE RECREATION 37.3 AND ENVIRONMENTAL RESPONSIBILITY 550,000 37.4 This appropriation is from the trust 37.5 fund to the commissioner of natural 37.6 resources for an agreement with 37.7 Wilderness Inquiry for the second 37.8 biennium to provide a statewide program 37.9 of environmental education, outdoor 37.10 recreation, and inclusion of people 37.11 with disabilities and other minority 37.12 groups. 37.13 (f) ENVIRONMENTAL SERVICE 37.14 LEARNING 100,000 37.15 This appropriation is from the trust 37.16 fund to the commissioner of natural 37.17 resources for an agreement with Stowe 37.18 Environmental Elementary School to 37.19 develop a partnership of schools, 37.20 communities, and agencies for 37.21 environmental service learning projects. 37.22 (g) STATE WOLF MANAGEMENT: ELECTRONICALLY 37.23 MODERATING THE PUBLIC DISCUSSION 100,000 37.24 This appropriation is from the trust 37.25 fund to the commissioner of natural 37.26 resources for an agreement with the 37.27 International Wolf Center to provide a 37.28 public electronic forum and information 37.29 on wolf management. This appropriation 37.30 must be matched by at least $20,000 of 37.31 nonstate money. 37.32 (h) CATCH AND RELEASE 20,000 37.33 This appropriation is from the future 37.34 resources fund to the commissioner of 37.35 natural resources for an agreement with 37.36 the Rainy Lake Sportfishing Club to 37.37 accelerate its catch and release 37.38 program. This appropriation must be 37.39 matched by at least $10,000 of nonstate 37.40 contributions, either cash or in-kind. 37.41 (i) ELECTRONIC ENVIRONMENTAL 37.42 EDUCATION RAPTOR NETWORK 222,000 37.43 This appropriation is from the trust 37.44 fund to the University of Minnesota 37.45 raptor center for the second biennium 37.46 to implement an electronic 37.47 environmental education network using 37.48 satellite tracking with birds of prey. 37.49 The raptor center must seek additional 37.50 public and private partnerships. 37.51 Subd. 14. Benchmarks and Indicators 37.52 (a) ENVIRONMENTAL INDICATORS 37.53 INITIATIVE-CONTINUATION 250,000 37.54 This appropriation is from the trust 37.55 fund to the commissioner of natural 37.56 resources for the second biennium of a 37.57 three biennium project to create a 37.58 statewide framework for selecting and 38.1 monitoring environmental indicators to 38.2 assess and communicate Minnesota's 38.3 environmental health status and trends. 38.4 (b) MINNESOTA'S FOREST BIRD DIVERSITY 38.5 INITIATIVE: CONTINUATION 350,000 38.6 This appropriation is from the trust 38.7 fund to the commissioner of natural 38.8 resources for the fourth biennium of a 38.9 six-biennium project for a 38.10 comprehensive monitoring and research 38.11 program that develops management tools 38.12 to maintain forest bird diversity. 38.13 This appropriation is available until 38.14 June 30, 2000, at which time the 38.15 project must be completed and final 38.16 products delivered, unless an earlier 38.17 date is specified in the work program. 38.18 (c) WATER QUALITY INDICATORS OF 38.19 ENDOCRINE DISRUPTING CHEMICALS 250,000 38.20 This appropriation is from the trust 38.21 fund to the pollution control agency to 38.22 monitor and research the effects of 38.23 endocrine disrupting chemicals in 38.24 surface waters on fish and wildlife 38.25 through analysis of biological effects. 38.26 (d) STREAM HABITAT PROTECTION: 38.27 CONTINUATION 225,000 38.28 This appropriation is from the trust 38.29 fund to the commissioner of natural 38.30 resources to accelerate the stream flow 38.31 protection program. This is the third 38.32 biennium of a proposed eight-biennium 38.33 effort to establish a watershed level 38.34 stream habitat database and develop the 38.35 tools to set protected flows for 38.36 ecosystem diversity. This 38.37 appropriation is available until June 38.38 30, 2000, at which time the project 38.39 must be completed and final products 38.40 delivered, unless an earlier date is 38.41 specified in the work program. 38.42 (e) WETLAND ECOSYSTEMS MONITORING 160,000 38.43 This appropriation is from the future 38.44 resources fund to the University of 38.45 Minnesota to monitor wetland 38.46 restorations for their ecological 38.47 success and develop a long-term 38.48 monitoring data base. 38.49 (f) LOONS: INDICATORS OF MERCURY 38.50 IN THE ENVIRONMENT 230,000 38.51 This appropriation is from the trust 38.52 fund to the University of Minnesota to 38.53 analyze loon exposure to mercury and 38.54 its effects on loon health and 38.55 reproduction in the wild. 38.56 (g) TRAINING AND RESEARCH VESSEL FOR 38.57 LAKE SUPERIOR 250,000 38.58 $130,000 of this appropriation is from 38.59 the trust fund and $120,000 of this 39.1 appropriation is from the Great Lakes 39.2 protection account to the University of 39.3 Minnesota-Duluth to purchase a vessel 39.4 for training and research on Lake 39.5 Superior. This appropriation must be 39.6 matched by at least $250,000 of 39.7 nonstate money. This appropriation is 39.8 available until June 30, 2000, at which 39.9 time the project must be completed and 39.10 final products delivered, unless an 39.11 earlier date is specified in the work 39.12 program. 39.13 Subd. 15. Native Fisheries 39.14 (a) IMPROVED DECISIONS FOR WALLEYE 39.15 STOCKING AND SPECIAL REGULATIONS 200,000 39.16 This appropriation is from the future 39.17 resources fund to the University of 39.18 Minnesota to evaluate outcomes of 39.19 various stocking and harvest strategies 39.20 through modeling and genetic marker 39.21 tracking of the best performing strains 39.22 to maximize benefits of walleye 39.23 stocking and harvest regulations on 39.24 individual lakes. This appropriation 39.25 is available until June 30, 2000, at 39.26 which time the project must be 39.27 completed and final products delivered, 39.28 unless an earlier date is specified in 39.29 the work program. 39.30 (b) MINNESOTA RARE MUSSEL 39.31 CONSERVATION 91,000 39.32 This appropriation is from the trust 39.33 fund to the University of Minnesota to 39.34 establish and monitor refugia in the 39.35 St. Croix river to improve freshwater 39.36 mussel conservation. 39.37 Subd. 16. Land Acquisition in High 39.38 Growth Areas 39.39 (a) SAND DUNES STATE FOREST 39.40 ACQUISITION 400,000 39.41 This appropriation is from the trust 39.42 fund to the commissioner of natural 39.43 resources to acquire approximately 200 39.44 acres of lands within the Sand Dunes 39.45 State Forest, according to the 39.46 Cambridge area forest resource 39.47 management plan. 39.48 (b) ARBORETUM LAND ACQUISITION 450,000 39.49 This appropriation is from the trust 39.50 fund to the University of Minnesota for 39.51 a grant to the University of Minnesota 39.52 Landscape Arboretum Foundation for the 39.53 second biennium for land acquisition to 39.54 expand the boundary of the Minnesota 39.55 Landscape Arboretum. This 39.56 appropriation must be matched by at 39.57 least $450,000 of nonstate money 39.58 Subd. 17. Critical Lands or Habitats 39.59 (a) SUSTAINABLE WOODLANDS ON PRIVATE 40.1 LANDS 875,000 40.2 This appropriation is from the future 40.3 resources fund to the commissioner of 40.4 natural resources, in cooperation with 40.5 the Minnesota Forestry Association, to 40.6 develop stewardship plans for private 40.7 landowners and implement natural 40.8 resource projects by providing matching 40.9 money to private landowners. 40.10 (b) CANNON RIVER WATERSHED: 40.11 INTEGRATED MANAGEMENT 350,000 40.12 This appropriation is from the future 40.13 resources fund to the board of water 40.14 and soil resources for an agreement 40.15 with the Cannon River Watershed 40.16 Partnership for the third biennium to 40.17 implement activities in the Cannon 40.18 River watershed through easements, 40.19 matching grants, and technical 40.20 assistance. 40.21 (c) PRAIRIE HERITAGE PROJECT 500,000 40.22 This appropriation is from the trust 40.23 fund to the commissioner of natural 40.24 resources for an agreement with 40.25 Pheasants Forever, Inc., to acquire and 40.26 develop land for prairie grasslands and 40.27 wetlands to be donated to the public. 40.28 The land must be open and accessible to 40.29 the public. This appropriation must be 40.30 matched by at least $500,000 of 40.31 nonstate money. In addition to the 40.32 required work program, parcels may not 40.33 be acquired until parcel lists have 40.34 been submitted to the legislative 40.35 commission on Minnesota resources and 40.36 the commission has approved the parcel 40.37 list or allowed 60 days to pass. 40.38 (d) PHALEN AREA WETLAND 40.39 RESTORATION, PHASE II 400,000 40.40 This appropriation is from the trust 40.41 fund to the commissioner of natural 40.42 resources for an agreement with the 40.43 city of St. Paul for design, pre- and 40.44 post-construction monitoring, and 40.45 construction of approximately nine 40.46 acres of wetland. 40.47 (e) POINT DOUGLAS BLUFFLAND 40.48 ACQUISITION 525,000 40.49 This appropriation is from the future 40.50 resources fund to the commissioner of 40.51 natural resources for an agreement with 40.52 the Carpenter St. Croix Valley Nature 40.53 Center to purchase approximately 125 40.54 acres of blufflands in the Mississippi 40.55 and St. Croix riverways. The land must 40.56 be open and accessible to the public. 40.57 The nature center must provide that the 40.58 property will forfeit to the state if 40.59 the property ceases to be used as a 40.60 nature center that is open and 40.61 accessible to the public. This 40.62 appropriation is available until June 41.1 30, 2000, at which time the project 41.2 must be completed and final products 41.3 delivered, unless an earlier date is 41.4 specified in the work program. 41.5 (f) MINNESOTA POINT PROTECTION 75,000 41.6 This appropriation is from the future 41.7 resources fund to the commissioner of 41.8 natural resources for an agreement with 41.9 Park Point Community Club for 41.10 administrative and management expenses 41.11 to secure the protection of the old 41.12 growth stands and bird sanctuary at 41.13 Minnesota Point in Duluth. 41.14 (g) SAVANNA RESTORATION FOR 41.15 SHARP-TAILED GROUSE 30,000 41.16 This appropriation is from the future 41.17 resources fund to the commissioner of 41.18 natural resources for an agreement with 41.19 the Minnesota Sharp-Tailed Grouse 41.20 Society to identify and inventory 41.21 restorable northern savannas for 41.22 sharp-tailed grouse habitat. 41.23 (h) RIM - CRITICAL HABITAT ACQUISITION 41.24 AND ENHANCEMENT 830,000 41.25 This appropriation is from the trust 41.26 fund to the commissioner of natural 41.27 resources to accelerate the reinvest in 41.28 Minnesota program activities authorized 41.29 under Minnesota Statutes, section 41.30 84.943. Projects must occur in both 41.31 urban and rural areas. Retroactive 41.32 reimbursement for the greening the 41.33 great river park project is authorized. 41.34 (i) RIM - WILDLIFE HABITAT 41.35 STEWARDSHIP 400,000 41.36 This appropriation is from the trust 41.37 fund to the commissioner of natural 41.38 resources to accelerate the reinvest in 41.39 Minnesota program to improve wildlife 41.40 habitat and natural plant communities 41.41 statewide on public lands, both urban 41.42 and rural, to protect and enhance 41.43 wildlife, native plant species, and 41.44 ecological diversity. 41.45 (j) SCIENTIFIC AND NATURAL AREA 41.46 ACQUISITION 425,000 41.47 This appropriation is from the trust 41.48 fund to the commissioner of natural 41.49 resources to accelerate the acquisition 41.50 of land for scientific and natural 41.51 areas under Minnesota Statutes, section 41.52 84.033. 41.53 (k) RIM - WILDLIFE HABITAT 41.54 ACQUISITION 500,000 41.55 This appropriation is from the trust 41.56 fund to the commissioner of natural 41.57 resources to accelerate acquisition of 41.58 North American waterfowl management 41.59 plan wetlands and associated uplands on 42.1 a cost-share basis and wildlife habitat 42.2 in areas of high population growth. 42.3 (l) RIM - ACCELERATE FISHERIES 42.4 ACQUISITION 500,000 42.5 This appropriation is from the trust 42.6 fund to the commissioner of natural 42.7 resources to accelerate the reinvest in 42.8 Minnesota program to acquire land 42.9 adjacent to lakes and streams to 42.10 provide for angler and management 42.11 access or protection of critical 42.12 riparian habitat, including access for 42.13 nonboat owners and urban users. This 42.14 appropriation is available until June 42.15 30, 2000, at which time the project 42.16 must be completed and final products 42.17 delivered, unless an earlier date is 42.18 specified in the work program. 42.19 (m) MINNESOTA COUNTY BIOLOGICAL 42.20 SURVEY - CONTINUATION 1,200,000 42.21 This appropriation is from the trust 42.22 fund to the commissioner of natural 42.23 resources for the sixth biennium of a 42.24 proposed 12-biennium project to 42.25 accelerate the county biological survey 42.26 for the systematic collection, 42.27 interpretation, and distribution of 42.28 data on the ecology of rare plants, 42.29 animals, and natural communities. 42.30 (n) PEATLAND RESTORATION 275,000 42.31 This appropriation is from the future 42.32 resources fund to the University of 42.33 Minnesota-Duluth, natural resources 42.34 research institute, to promote 42.35 reestablishment of diverse, sustainable 42.36 peatland ecosystems on harvested 42.37 peatland sites through accelerated 42.38 development of cost effective, reliable 42.39 peatland restoration techniques. 42.40 (o) FISHING PIER AND PUBLIC 42.41 SHORE ACCESS 355,000 42.42 This appropriation is from the trust 42.43 fund to the commissioner of natural 42.44 resources to provide increased access 42.45 to lakes and rivers statewide through 42.46 the provision of fishing piers and 42.47 shoreline access. 42.48 (p) PUBLIC BOAT ACCESS 350,000 42.49 This appropriation is from the trust 42.50 fund to the commissioner of natural 42.51 resources to accelerate public water 42.52 access acquisition and development 42.53 statewide. 42.54 (q) FISHERIES STATEWIDE HATCHERY 42.55 REHABILITATION 400,000 42.56 This appropriation is from the trust 42.57 fund to the commissioner of natural 42.58 resources to accelerate the reinvest in 42.59 Minnesota program to implement projects 43.1 to maintain and improve statewide fish 43.2 culture facilities. This appropriation 43.3 is available until June 30, 2000, at 43.4 which time the project must be 43.5 completed and final products delivered, 43.6 unless an earlier date is specified in 43.7 the work program. 43.8 Subd. 18. Wildlife or Trail Corridors 43.9 (a) MESABI TRAIL LAND ACQUISITION 43.10 AND DEVELOPMENT 600,000 43.11 This appropriation is from the future 43.12 resources fund to the commissioner of 43.13 natural resources for an agreement with 43.14 the St. Louis and Lake Counties 43.15 Regional Rail Authority for the third 43.16 biennium to develop and acquire 43.17 segments of the Mesabi trail. This 43.18 appropriation must be matched by at 43.19 least $600,000 of nonstate money. This 43.20 appropriation is available until June 43.21 30, 2000, at which time the project 43.22 must be completed and final products 43.23 delivered, unless an earlier date is 43.24 specified on the work program. 43.25 (b) CHIPPEWA COUNTY REGIONAL TRAIL 400,000 43.26 This appropriation is from the future 43.27 resources fund to the commissioner of 43.28 natural resources for an agreement with 43.29 the city of Montevideo for the second 43.30 biennium to complete the construction 43.31 of the Chippewa County trail system in 43.32 Montevideo. This appropriation is 43.33 available until June 30, 2000, at which 43.34 time the project must be completed and 43.35 final products delivered, unless an 43.36 earlier date is specified on the work 43.37 program. Notwithstanding subdivision 43.38 23, these funds are available to the 43.39 extent matched by nonstate money prior 43.40 to January 1, 1999. 43.41 Subd. 19. Native Species Planting 43.42 (a) MINNESOTA RELEAF TREE PLANTING 43.43 AND PRESERVATION GRANT PROGRAM 300,000 43.44 This appropriation is from the future 43.45 resources fund to the commissioner of 43.46 natural resources for the third 43.47 biennium for matching grants to local 43.48 communities to plant predominantly 43.49 native trees and protect native oak 43.50 forests from oak wilt. 43.51 (b) RESTORING WHITE PINE IN THE 43.52 MINNESOTA LANDSCAPE 120,000 43.53 This appropriation is from the trust 43.54 fund to the University of Minnesota to 43.55 investigate factors currently limiting 43.56 establishment of white pine seedlings 43.57 in various forest cover types. 43.58 Management recommendations for natural 43.59 regeneration, seeding, and planting 43.60 must be developed. 44.1 (c) PRAIRIE AND OAK SAVANNA 44.2 RESTORATION 50,000 44.3 This appropriation is from the future 44.4 resources fund to the commissioner of 44.5 natural resources for an agreement with 44.6 the St. Paul Audubon Society to restore 44.7 natural areas of sites in at least two 44.8 parks that have residual prairie and 44.9 oak savanna areas. 44.10 Subd. 20. Exotic Species 44.11 (a) BALLAST WATER TECHNOLOGY 44.12 DEMONSTRATION FOR EXOTIC 44.13 SPECIES CONTROL 200,000 44.14 This appropriation is from the future 44.15 resources fund to the commissioner of 44.16 natural resources for a demonstration 44.17 project in cooperation with the Duluth 44.18 Port Authority to test, evaluate, and 44.19 refine techniques for preventing the 44.20 introduction and dispersal of exotic 44.21 species from ballast water into Lake 44.22 Superior. 44.23 (b) BIOLOGICAL CONTROL OF EURASIAN 44.24 WATER MILFOIL AND PURPLE 44.25 LOOSESTRIFE - CONTINUATION 150,000 44.26 This appropriation is from the trust 44.27 fund to the commissioner of natural 44.28 resources for the third biennium of a 44.29 five-biennium project to develop 44.30 biological controls for Eurasian water 44.31 milfoil and purple loosestrife. This 44.32 appropriation is available until June 44.33 30, 2000, at which time the project 44.34 must be completed and final products 44.35 delivered, unless an earlier date is 44.36 specified in the work program. 44.37 (c) CONTROL OF WEEDS IN NATIVE 44.38 WILD RICE 100,000 44.39 This appropriation is from the future 44.40 resources fund to the commissioner of 44.41 natural resources for an agreement with 44.42 Bois Forte Reservation for a Nett Lake 44.43 biocontrol study to remove exotic and 44.44 nuisance weeds from a wild rice lake. 44.45 Any release of organisms must be in 44.46 compliance with state and federal 44.47 permits. This appropriation must be 44.48 matched by at least $100,000 of 44.49 nonstate money. This appropriation is 44.50 available until June 30, 2000, at which 44.51 time the project must be completed and 44.52 final products delivered, unless an 44.53 earlier date is specified in the work 44.54 program. 44.55 Subd. 21. Data Availability Requirements 44.56 (a) During the biennium ending June 30, 44.57 1999, the data collected by the 44.58 projects funded under this section that 44.59 have common value for natural resource 44.60 planning and management must conform to 44.61 information architecture as defined in 45.1 guidelines and standards adopted by the 45.2 information policy office and 45.3 government information access council. 45.4 These data must be made accessible and 45.5 free to the public unless made private 45.6 under the Data Practices Act. 45.7 (b) As part of their project 45.8 expenditures, recipients of land 45.9 acquisition appropriations must provide 45.10 the information necessary to update 45.11 public recreation information maps and 45.12 other appropriate media to the 45.13 department of natural resources in the 45.14 specified form. 45.15 Subd. 22. Project Requirements 45.16 It is a condition of acceptance of the 45.17 appropriations in this section that any 45.18 agency or entity receiving the 45.19 appropriation must comply with 45.20 Minnesota Statutes, chapter 116P. 45.21 Subd. 23. Match Requirements 45.22 Unless specifically authorized, 45.23 appropriations in this section that 45.24 must be matched and for which the match 45.25 has not been committed by January 1, 45.26 1998, are canceled, and in-kind 45.27 contributions may not be counted as 45.28 match. 45.29 Subd. 24. Payment Conditions and 45.30 Capital Equipment Expenditures 45.31 All agreements, grants, or contracts 45.32 referred to in this section must be 45.33 administered on a reimbursement basis. 45.34 Notwithstanding Minnesota statutes, 45.35 section 16A.41, expenditures made on or 45.36 after July 1, 1997, or the date the 45.37 work program is approved, whichever is 45.38 later, are eligible for reimbursement. 45.39 Payment must be made upon receiving 45.40 documentation that project-eligible 45.41 reimbursable amounts have been 45.42 expended, except that reasonable 45.43 amounts may be advanced to projects in 45.44 order to accommodate cash flow needs. 45.45 The advances must be approved as part 45.46 of the work program. No expenditures 45.47 for capital equipment are allowed 45.48 unless expressly authorized in the 45.49 project work program. 45.50 Subd. 25. Purchase of Recycled and 45.51 Recyclable Materials 45.52 A political subdivision, public or 45.53 private corporation, or other entity 45.54 that receives an appropriation in this 45.55 section must use the appropriation in 45.56 compliance with Minnesota Statutes, 45.57 sections 16B.121 to 16B.123, requiring 45.58 the purchase of recycled, repairable, 45.59 and durable materials, the purchase of 45.60 uncoated paper stock, and the use of 45.61 soy-based ink, the same as if it were a 45.62 state agency. 46.1 Subd. 26. Carryforward 46.2 (a) The availability of the 46.3 appropriations for the following 46.4 projects is extended to June 30, 1998: 46.5 Laws 1996, chapter 407, section 8, 46.6 subdivision 3, paragraph (c), local 46.7 grants; Laws 1995, chapter 220, section 46.8 19, subdivision 4, paragraph (e), local 46.9 grants; subdivision 5, paragraph (d), 46.10 blufflands landscape, paragraph (f), 46.11 atmospheric mercury emissions, 46.12 deposition, and environmental cost 46.13 evaluation; and paragraph (r), 46.14 developing, evaluating, and promoting 46.15 sustainable farming systems; 46.16 subdivision 6, paragraph (b), 46.17 environmental education teacher 46.18 training, paragraph (g), electronic 46.19 environmental education network; and 46.20 paragraph (r), as amended by Laws 1996, 46.21 chapter 407, section 51, Ney 46.22 environmental center; and paragraph 46.23 (s), Lawndale environmental center; 46.24 subdivision 7, paragraph (f), 46.25 completion of statewide land use 46.26 update, paragraph (g), Fillmore county 46.27 soil survey update, paragraph (j), 46.28 microbial deterioration of asphalt 46.29 materials and prevention, and paragraph 46.30 (k), analysis of lands enrolled in 46.31 conservation reserve program; 46.32 subdivision 8, paragraph (a), urban 46.33 wildlife habitat program; subdivision 46.34 11, paragraph (e), energy improvements 46.35 in public ice arenas. 46.36 (b) The availability of the 46.37 appropriation for the following 46.38 projects is extended to June 30, 1999: 46.39 Laws 1995, chapter 220, section 19, 46.40 subdivision 4, paragraph (a), 46.41 metropolitan regional park system; 46.42 paragraph (g), clause (1), as amended 46.43 by Laws 1996, chapter 407, section 50, 46.44 local share for ISTEA federal projects; 46.45 and subdivision 12, paragraph (a) 46.46 restore historic Mississippi river mill 46.47 site; Laws 1994, chapter 632, article 46.48 2, section 6, Silver Bay harbor; and 46.49 Laws 1993, chapter 172, section 14, 46.50 subdivision 10, paragraph (o), Lake 46.51 Superior safe harbors-continuation. 46.52 Subd. 27. Energy Conservation 46.53 A recipient to whom an appropriation is 46.54 made in this section for a capital 46.55 improvement project shall ensure that 46.56 the project complies with the 46.57 applicable energy conservation 46.58 standards contained in law, including 46.59 Minnesota Statutes, sections 216C.19 to 46.60 216C.21, and rules adopted thereunder. 46.61 The recipient may use the energy 46.62 planning and intervention and energy 46.63 technologies units of the commissioner 46.64 of public service to obtain information 46.65 and technical assistance on energy 46.66 conservation and alternative energy 46.67 development relating to the planning 47.1 and construction of the capital 47.2 improvement project. 47.3 Sec. 17. [APPROPRIATION RESTRICTIONS; COMMISSIONER'S 47.4 OFFICE.] 47.5 No general fund appropriations in this act may be used to 47.6 pay for commissioner's office activities of the pollution 47.7 control agency, department of natural resources, and department 47.8 of agriculture. 47.9 Sec. 18. [4.0715] [ISTEA ENHANCEMENT MONEY.] 47.10 Subdivision 1. [DEFINITIONS.] "ISTEA enhancement money" 47.11 means money received by the state from the federal government 47.12 under the 1997 reauthorization of the Intermodal Surface 47.13 Transportation Efficiency Act and designated for enhancement. 47.14 Subd. 2. [APPROPRIATION REQUIRED.] ISTEA enhancement money 47.15 may not be spent until it is specifically appropriated by law. 47.16 Subd. 3. [MINNESOTA RESOURCES PROJECTS.] The legislature 47.17 intends to appropriate ISTEA enhancement money for projects that 47.18 have been reviewed and recommended by the legislative commission 47.19 on Minnesota resources. A work plan must be prepared for each 47.20 proposed project for review by the commission. The commission 47.21 must recommend specific projects to the legislature. 47.22 Sec. 19. Minnesota Statutes 1996, section 17.03, is 47.23 amended by adding a subdivision to read: 47.24 Subd. 12. [CONTRACTS.] The commissioner may enter into 47.25 contracts with any public or private entity for the provision of 47.26 statutorily prescribed agricultural marketing and development 47.27 services by the department. A contract must specify the 47.28 services to be provided and the amount and method of 47.29 reimbursement. Funds generated in a contractual agreement under 47.30 this section must be deposited in a special revenue fund and are 47.31 appropriated to the department for purposes of providing 47.32 services specified in the contracts. Contracts under this 47.33 section must be processed in accordance with section 16B.06. 47.34 The commissioner must report revenues collected and expenditures 47.35 made under this section to the chairs of the environment and 47.36 natural resources finance committee in the house of 48.1 representatives and the agriculture budget division in the 48.2 senate by January 15 of each odd-numbered year. 48.3 Sec. 20. Minnesota Statutes 1996, section 17.101, is 48.4 amended to read: 48.5 17.101 [PROMOTIONAL ACTIVITIES.] 48.6 Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of 48.7 expanding, improving, and developingthe markets forproduction 48.8 and marketing of products of Minnesota agriculture, the 48.9 commissioner shall encourage and promote the production and 48.10 marketing of these products by means of: 48.11 (a) advertising Minnesota agricultural products; 48.12 (b) assisting state agricultural commodity organizations; 48.13 (c) developing methods to increase processing and marketing 48.14 of agricultural commodities including commodities not being 48.15 produced in Minnesota on a commercial scale, but which may have 48.16 economic potential in national and international markets; 48.17 (d) investigating and identifying new marketing technology 48.18 and methods to enhance the competitive position of Minnesota 48.19 agricultural products; 48.20 (e) evaluating livestock marketing opportunities; 48.21 (f) assessing and developing national and international 48.22 markets for Minnesota agricultural products; 48.23 (g) studying the conversion of raw agricultural products to 48.24 manufactured products including ethanol; 48.25 (h) hosting the visits of foreign trade teams to Minnesota 48.26 and defraying the teams' expenses; 48.27 (i) assisting Minnesota agricultural businesses desiring to 48.28 sell their products;and48.29 (j) conducting research to eliminate or reduce specific 48.30 production or technological barriers to market development and 48.31 trade; and 48.32 (k) other activities the commissioner deems appropriate to 48.33 promote Minnesota agricultural products, provided that the 48.34 activities do not duplicate programs or services provided by the 48.35 Minnesota trade division or the Minnesota world trade center 48.36 corporation. 49.1 Subd. 2. [AGRICULTURAL DEVELOPMENT GRANTS AND CONTRACTS.] 49.2 In order to carry out the duties in subdivision 1, the 49.3 commissioner, in addition to whatever other resources the 49.4 department may commit, shall make grants and enter into 49.5 contracts to fulfill the obligations of subdivision 1. The 49.6 commissioner may enter into partnerships or seek gifts to carry 49.7 out subdivision 1. The commissioner may contract with, among 49.8 others, agricultural commodity organizations, the University of 49.9 Minnesota, and agriculture related businesses to fulfill the 49.10 duties. The commissioner shall make permanent rules for the 49.11 administration of these grants and contracts. The rules shall 49.12 specify at a minimum: 49.13 (a) eligibility criteria; 49.14 (b) application procedures; 49.15 (c) provisions for application review and project approval; 49.16 (d) provisions for program monitoring and review for all 49.17 approved grants and contracts; and 49.18 (e) other provisions the commissioner finds necessary. 49.19 Contracts entered into by the commissioner pursuant to this 49.20 subdivision shall not exceed 75 percent of the cost of the 49.21 project supported by the commissioner's grant. In any biennium, 49.22 no organization shall receive more than $70,000 in grants from 49.23 the commissioner. 49.24 Subd. 3. [AUDITS.] The books, records, documents, and 49.25 accounting procedures and practices of any organization 49.26 receiving a grant or contract from the commissioner under the 49.27 provisions of subdivision 2 shall be subject to examination by 49.28 the department. The commissioner may prescribe uniform methods 49.29 of accounting to be used by grant or contract recipients. 49.30 Subd. 4. [ADVISORY GROUP.] The commissioner may establish 49.31 an ad hoc advisory group to assist in evaluating grant requests 49.32 madepursuant tounder subdivision 2. 49.33 Subd. 5. [VALUE-ADDED AGRICULTURAL LIVESTOCK PROCESSING 49.34 AND MARKETING GRANT PROGRAM.] (a) For purposes of this section, 49.35 "livestock or dairy processing facility" means land, buildings, 49.36 structures, fixtures, and improvements located or to be located 50.1 in Minnesota and used or operated primarily for the processing 50.2 or production of marketable products from agricultural livestock 50.3 or dairy commodities produced. 50.4 (b) The commissioner shall establish and implement a 50.5 value-added agricultural livestock and dairy processing and 50.6 marketing grant program to help farmers finance new cooperatives 50.7 that organize for the purposes of operating livestock and dairy 50.8 processing facilities and for marketing activities related to 50.9 the sale and distribution of processed livestock and dairy 50.10 products. 50.11 (c) To be eligible for this program a grantee must: 50.12 (1) be a cooperative organized under chapter 308A; 50.13 (2) certify that all of the control and equity in the 50.14 cooperative is from farmers as defined in section 500.24, 50.15 subdivision 2, and actively engaged in livestock or dairy 50.16 production; 50.17 (3) be operated primarily for the processing of livestock 50.18 or dairy produced in Minnesota; 50.19 (4) receive livestock or dairy produced primarily by 50.20 shareholders or members of the cooperative; and 50.21 (5) have no direct or indirect involvement in the 50.22 production of livestock and dairy. 50.23 (d) The commissioner may receive applications from and make 50.24 grants up to $50,000 for feasibility, marketing analysis, and 50.25 predesign of facilities to eligible cooperatives. The 50.26 commissioner shall give priority to applicants who use the 50.27 grants for planning costs related to an application for 50.28 assistance from the Farm Service Agency. 50.29 Sec. 21. [17.110] [BEAVER DAMAGE CONTROL GRANTS.] 50.30 Subdivision 1. [ESTABLISHMENT.] The commissioner of 50.31 agriculture shall establish a beaver damage control grant 50.32 program to provide grants for the control of beaver activities 50.33 causing damage to public waters, roads, and ditches and adjacent 50.34 private property. The grants may only be made to a joint powers 50.35 board established under section 471.59 by two or more 50.36 governmental units and may include Indian tribal governments. 51.1 Subd. 2. [GRANT AMOUNT.] The commissioner may provide up 51.2 to 50 percent of the costs of implementing a beaver damage 51.3 control program by a joint powers board. 51.4 Subd. 3. [AWARDING OF GRANTS.] Applications for grants 51.5 must be made to the commissioner on forms prescribed by the 51.6 commissioner. The commissioner shall consult with town 51.7 supervisors and county commissioners representing different 51.8 areas of the state in developing the application form. A joint 51.9 powers board seeking a grant may be required to supply 51.10 information on the beaver control program it has adopted, the 51.11 extent of the problem in the geographic area covered by the 51.12 joint powers agreement, and the ability of the joint powers 51.13 board to match the state grant. The commissioner may prioritize 51.14 the grant applications based upon the information requested as 51.15 part of the grant application. 51.16 Subd. 4. [REPORT.] (a) Within one year after receiving a 51.17 grant under this section, a joint powers board must report to 51.18 the commissioner on the board's efforts to control beaver in the 51.19 area. 51.20 (b) The commissioner shall report to the senate and house 51.21 environment and natural resources committees on the efforts 51.22 under this section to control beaver by December 15 of each 51.23 even-numbered year. 51.24 Sec. 22. Minnesota Statutes 1996, section 17.116, 51.25 subdivision 2, is amended to read: 51.26 Subd. 2. [ELIGIBILITY.] (a) Grants may only be made to 51.27 farmers, educational institutions, individuals at educational 51.28 institutions, or nonprofit organizations residing or located in 51.29 the state for demonstrations on farms in the state. 51.30 (b) Grants may only be made for projects that show: 51.31 (1) the ability to maximize direct or indirect energy 51.32 savings or production; 51.33 (2) a positive effect or reduced adverse effect on the 51.34 environment; and 51.35 (3) profitability for the individual farm. 51.36 Sec. 23. Minnesota Statutes 1996, section 17.116, 52.1 subdivision 3, is amended to read: 52.2 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants 52.3 must be made to the commissioner on forms prescribed by the 52.4 commissioner. 52.5 (b) The applications must be reviewed, ranked, and 52.6 recommended by a technical review panel appointed by the 52.7 commissioner. The technical review panel shall consist of a 52.8 soil scientist, an agronomist, a representative from a 52.9 post-secondary educational institution, two resident farmers of 52.10 the state using sustainable agriculture methods, and a chair 52.11 from the department. 52.12 (c) The technical review panel shall rank applications 52.13 according to the following criteria: 52.14 (1) direct or indirect energy savings or production; 52.15 (2) environmental benefit; 52.16 (3) farm profitability; 52.17 (4) the number of farms able to apply the techniques or the 52.18 technology proposed; 52.19 (5) the effectiveness of the project as a demonstration; 52.20 (6) the immediate transferability of the project to farms; 52.21 and 52.22 (7) the ability of the project to accomplish its goals. 52.23 (d) The commissioner shall consider the recommendations of 52.24 the technical review panel and may award grants for eligible 52.25 projects. Priority must be given to applicants who are farmers 52.26 or groups of farmers. 52.27 (e) Grants for eligible projects may not exceed $25,000 52.28 unless the portion above $25,000 is matched on an equal basis by 52.29 the applicant's cash or in-kind land use contribution. Grant 52.30 funding of projects may not exceed $50,000 under this section, 52.31 but applicants may utilize other funding sources. A portion of 52.32 each grant must be targeted for public information activities of 52.33 the project. 52.34 (f) A project may continue for up to three years. 52.35 Multiyear projects must be reevaluated by the technical review 52.36 panel and the commissioner before second or third year funding 53.1 is approved. A project is limited to one grant for its funding. 53.2(g) Only one grant under this section may be made per53.3grantee.53.4 Sec. 24. Minnesota Statutes 1996, section 17.4988, is 53.5 amended to read: 53.6 17.4988 [LICENSE AND INSPECTION FEES.] 53.7 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or 53.8 license must be issued by the commissioner if the requirements 53.9 of law are met and the license and permit fees specified in this 53.10 section are paid. 53.11 Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for 53.12 an aquatic farming license is $275. 53.13 (b) The aquatic farming license may contain endorsements 53.14 for the rights and privileges of the following licenses under 53.15 the game and fish laws. The endorsement must be made upon 53.16 payment of the license fee prescribed in section 97A.475 for the 53.17 following licenses: 53.18 (1) minnow dealer license; 53.19 (2) minnow retailer license for sale of minnows as bait; 53.20 (3) minnow exporting license; 53.21 (4)minnow dealer helper license;53.22(5)aquatic farm vehicle endorsement, which includes a 53.23 minnow dealer vehicle license, a minnow retailer vehicle 53.24 license, an exporting minnowhaulervehicle license, and a fish 53.25 vendorvehiclelicense; 53.26(6)(5) sucker egg taking license; and 53.27(7)(6) game fish packers license. 53.28 Subd. 3. [INSPECTION FEES.] The fees for the following 53.29 inspections are: 53.30 (1) initial inspection of each water to be licensed, $50; 53.31 (2) fish health inspection and certification, $20 53.32 plus$80$100 per lot thereafter; and 53.33 (3) initial inspection for containment and quarantine 53.34 facility inspections, $50. 53.35 Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a 53.36 commercial aquarium facility must have a commercial aquarium 54.1 facility license issued by the commissioner if the facility 54.2 contains species of aquatic life that are for sale and that are 54.3 present in waters of the state. The commissioner may require an 54.4 aquarium facility license for aquarium facilities importing or 54.5 holding species of aquatic life that are for sale and that are 54.6 not present in Minnesota if those species can survive in waters 54.7 of the state. The fee for an aquarium facility license 54.8 is$15$20. 54.9 (b) Game fish transferred by an aquarium facility must be 54.10 accompanied by a receipt containing the information required on 54.11 a shipping document by section 17.4985, subdivision 3, paragraph 54.12 (b). 54.13 Sec. 25. Minnesota Statutes 1996, section 17.76, is 54.14 amended to read: 54.15 17.76 [MINNESOTA DAIRY PRODUCERS AND CONSUMERS BOARD.] 54.16 Subdivision 1. [ESTABLISHMENT; COMPOSITION; OFFICERS.] (a) 54.17 The Minnesota dairy producers and consumers board consists of 17 54.18 members. Fourteen of the members must be eligible family dairy 54.19 producers. Three of the members must represent food consumer 54.20 groups. For purposes of this section, "eligible family dairy 54.21 producer" means a natural person who daily manages and operates 54.22 a dairy farm owned by the person. "Eligible family dairy 54.23 producer" does not include a person who is currently an employee 54.24 of or a member of the board of directors of an organization 54.25 involved in milk processing or dairy marketing. 54.26 (b) The board shall elect from among its members a chair 54.27 and other appropriate officers. 54.28 Subd. 2. [APPOINTMENT; TERMS; COMPENSATION.] (a) Two 54.29 members of the board shall be appointed by each of seven 54.30 organizations representing agriculture in Minnesota. The 54.31 organizations are: 54.32 Minnesota Farmers Union; 54.33 National Farmers Organization; 54.34 Farmers Union Milk Marketing Cooperative; 54.35 Minnesota Milk Producers; 54.36 Sustainable Farming Association of Minnesota; 55.1 Minnesota Farm Bureau; and 55.2 Minnesota COACT. 55.3 One member of the board shall be appointed by each of three 55.4 organizations representing consumers in Minnesota. The 55.5 organizations are: 55.6 Minnesota Food Association; 55.7 Minnesota Senior Federation; and 55.8 Minnesota COACT. 55.9 To the extent practicable, the members must be selected to 55.10 represent the broad diversity of Minnesota's dairy producers. 55.11 (b) The terms and compensation of members and reimbursement 55.12 for their expenses is governed by section 15.059. 55.13 (c) The board expires on June 30, 2001. 55.14 Subd. 3. [DUTIES.] (a) The boardshallmay monitor 55.15 economic aspects of the dairy production, processing, and 55.16 marketing process including: 55.17 (1) the movement of milk by processors; 55.18 (2) price setting at theGreen Bay, Wisconsin,National 55.19 Cheese Exchange in Chicago; 55.20 (3) processor pricingschemesmethods; 55.21 (4) producer checkoffs and the use of checkoff funds; 55.22 (5) federal and state pricing policy; and 55.23 (6) other activities that affect the farm gate price of raw 55.24 milk. 55.25 (b) The boardshallmay regularly educate producers, 55.26 processors, consumers, and policymakers about the reasons for 55.27 inadequate raw milk prices. 55.28 (c) The boardshallmay conduct quarterly surveys of dairy 55.29 producers to identify problems created by milk prices that do 55.30 not provide a fair return on the investment of producers. The 55.31 boardmustmay compile the information from these surveys and 55.32 recommend solutions to producers. 55.33 (d) The boardshallmay determine dairy production costs in 55.34 each county through periodic surveys and from local 55.35 organizations of producers. 55.36(e) The board shall serve as an advocate for dairy56.1producers in assuring that members of cooperatives are awarded56.2protections similar to the rights of members of cooperative56.3electric associations under section 216B.027.56.4 Sec. 26. [17.861] [REPLACEMENT OF MERCURY MANOMETERS.] 56.5 The commissioner, in cooperation with the pollution control 56.6 agency, the office of environmental assistance, dairy equipment 56.7 manufacturers and suppliers, and other interested parties, shall 56.8 develop a program to provide replacement nonmercury manometers 56.9 for a $50 fee and to arrange for the acceptance, disposal, and 56.10 recycling of the mercury, apparatus, and manometers at no cost 56.11 to the dairy farmer. The mercury, manometers, and apparatus 56.12 shall be managed in accordance with sections 115A.932 and 116.92. 56.13 Sec. 27. Minnesota Statutes 1996, section 18.79, is 56.14 amended by adding a subdivision to read: 56.15 Subd. 12. [NOXIOUS-WEED-FREE FORAGE AND MULCH 56.16 CERTIFICATION AGENCY.] The official certification agency for 56.17 noxious-weed-free forage and mulch shall be determined by the 56.18 commissioner of agriculture in consultation with the director of 56.19 the Minnesota agricultural experiment station. 56.20 Sec. 28. Minnesota Statutes 1996, section 18C.421, 56.21 subdivision 1, is amended to read: 56.22 Subdivision 1. [SEMIANNUAL STATEMENT.] (a) Each licensed 56.23 distributor of fertilizer and each registrant of a specialty 56.24 fertilizer, soil amendment, or plant amendment must file a 56.25 semiannual statement for the periods ending December 31 and June 56.26 30 with the commissioner on forms furnished by the commissioner 56.27 stating the number of net tons and grade of each raw fertilizer 56.28 material distributed or the number of net tons of each brand or 56.29 grade of fertilizer, soil amendment, or plant amendment 56.30 distributed in this state during the reporting period. 56.31 (b) A report from a licensee who sells to an ultimate 56.32 consumer must be accompanied by records or invoice copies 56.33 indicating the name of the distributor who paid the inspection 56.34 fee, the net tons received, and the grade or brand name of the 56.35 products received. 56.36 (c) The report is due on or before the last day of the 57.1 month following the close of each reporting period of each 57.2 calendar year. 57.3 (d) The inspection fee at the rate stated in section 57.4 18C.425, subdivision 6, must accompany the statement. 57.5 Sec. 29. Minnesota Statutes 1996, section 18C.425, 57.6 subdivision 1, is amended to read: 57.7 Subdivision 1. [APPLICATION FEESFERTILIZER LICENSE.] (a) 57.8 An application forother licensesa license for each fixed 57.9 location to be covered by the license within the state must be 57.10 accompanied by a nonrefundable application fee of $100fee. 57.11 (b) An application for a license for all fixed locations of 57.12 a firm outside of the state must be accompanied by 57.13 a nonrefundable application fee of $100. 57.14 (c) An application for a license to cover mobile mechanical 57.15 units must be accompanied by a nonrefundable application fee of 57.16 $100 for the first unit operated by one distributor and $50 for 57.17 each additional mobile mechanical unit. 57.18 Sec. 30. Minnesota Statutes 1996, section 18C.425, 57.19 subdivision 2, is amended to read: 57.20 Subd. 2. [SPECIALTY FERTILIZER REGISTRATION.] An 57.21 application for registration of a specialty fertilizer must be 57.22 accompanied by aregistrationnonrefundable application fee of 57.23 $100 for each brand and grade to be sold or distributed as 57.24 provided in section 18C.411. 57.25 Sec. 31. Minnesota Statutes 1996, section 18C.425, 57.26 subdivision 3, is amended to read: 57.27 Subd. 3. [SOIL AMENDMENT AND PLANT AMENDMENT 57.28 REGISTRATION.] An application for registration of a soil 57.29 amendment or plant amendment must be accompanied by a 57.30registrationnonrefundable application fee of $200 for each 57.31 brand sold or distributed as provided in section 18C.411. 57.32 Sec. 32. Minnesota Statutes 1996, section 18C.425, 57.33 subdivision 6, is amended to read: 57.34 Subd. 6. [INSPECTION FEES.]AThe personwho sells or57.35distributesresponsible for payment of the inspection fees for 57.36 fertilizers, soil amendments, or plant amendments sold and used 58.1 in this state must pay an inspection feeamounting to the58.2greaterof1525 cents per ton of fertilizer, soil amendment, 58.3 and plant amendment sold or distributed in this stateor, with a 58.4 minimum of $10 on all tonnage reports. Products sold or 58.5 distributed to manufacturers or exchanged between them are 58.6 exempt from the inspection fee imposed by this subdivision if 58.7 the products are used exclusively for manufacturing purposes. 58.8 Sec. 33. Minnesota Statutes 1996, section 18C.531, 58.9 subdivision 2, is amended to read: 58.10 Subd. 2. [AGRICULTURAL LIMING MATERIALS.] "Agricultural 58.11 liming materials" means materials whose calcium or magnesium 58.12 compounds, or both, account for an ENP of3020 percent or more 58.13 and includes, but is not limited to, burnt lime, hydrated lime, 58.14 industrial by-product, limestone, and marl. 58.15 Sec. 34. Minnesota Statutes 1996, section 18C.551, is 58.16 amended to read: 58.17 18C.551 [LICENSEAPPLICATION, SAMPLING, AND INSPECTION 58.18 FEES.] 58.19 Subdivision 1. [APPLICATION FEEAGRICULTURAL LIMING 58.20 MATERIALS LICENSE.] An application for a license must be 58.21 accompanied by a nonrefundablelicenseapplication fee of $150. 58.22 This feeshalldoes not apply to occasional sales of 50 tons or 58.23 less on an annual basis. 58.24 Subd. 2. [ADDITIONALFEEAFTER JANUARY 1FOR LATE 58.25 APPLICATION.] If an application for license renewal is not filed 58.26 before January 1, an additional nonrefundable application fee of 58.27 50 percent of the amount due may be assessed before the renewal 58.28 license is issued. 58.29 Subd. 2a. [FEE FOR PRODUCT USE WITHOUT INITIAL 58.30 LICENSE.] An applicant shall pay an additional application fee 58.31 equal to the amount due for each license required if the 58.32 applicant has distributed or used products in this state before 58.33 the commissioner has issued an initial license for the products 58.34 distributed or used. 58.35 Subd. 3. [INSPECTION FEES.] A person shall pay an 58.36 inspection fee, at the rateof five cents per ton, must be paid59.1 to the commissioner for all agricultural liming material offered 59.2 for sale or sold in this state with a minimum of $10 on all 59.3 tonnage reports. If more than one person is involved in the 59.4 distribution of agricultural liming material, the person who 59.5 first sellsor importsthe agricultural liming material is 59.6 responsible for the inspection fee. A person licensed under 59.7 section 18C.541 must retain invoices showing proof of inspection 59.8 fees paid. 59.9 Subd. 4. [SAMPLE AND ANALYSIS FEE.] The commissioner may 59.10 sample agricultural liming material from a source of production 59.11 to the extent the commissioner considers necessary to implement 59.12 sections 18C.531 to 18C.575. The commissioner shall charge a 59.13 sampling fee of $40must be assessedfor each sample collected. 59.14 If the sample and analysis fee is not paid before 60 days after 59.15 billing, the commissioner shall assess an additional 59.16 nonrefundable late payment fee of 50 percent of the total sample 59.17 and analysis fee due. 59.18 Subd. 5. [DEPOSIT OF FEES.] Fees and penalties collected 59.19 under sections 18C.531 to 18C.575 must be deposited in the 59.20 general fund. 59.21 Sec. 35. Minnesota Statutes 1996, section 25.31, is 59.22 amended to read: 59.23 25.31 [CITATION, COMMERCIAL FEED LAW.] 59.24 Sections 25.31 to25.44 shall be25.43 are known and may be 59.25 cited as the Minnesota Commercial Feed Law. 59.26 Sec. 36. Minnesota Statutes 1996, section 25.32, is 59.27 amended to read: 59.28 25.32 [ENFORCING OFFICIAL.] 59.29 Sections 25.31 to25.4425.43 shall be administered by the 59.30 commissionerof the department of agriculture, hereinafter59.31referred to as the "commissioner". 59.32 Sec. 37. Minnesota Statutes 1996, section 25.33, 59.33 subdivision 1, is amended to read: 59.34 Subdivision 1. [SCOPE.] When used in sections 25.31 to 59.3525.4425.43, the terms defined in this section have the meanings 59.36 given them. 60.1 Sec. 38. Minnesota Statutes 1996, section 25.33, 60.2 subdivision 5, is amended to read: 60.3 Subd. 5. [COMMERCIAL FEED.] "Commercial feed" meansall60.4 materialsexceptor combinations of materials that are 60.5 distributed or intended to be distributed for use as feed or for 60.6 mixing in feed, including feed for aquatic animals, unless the 60.7 materials are specifically exempted. Unmixedseed,wholeor60.8processed, whenseeds and physically altered entire unmixed 60.9 seeds, if the whole or physically altered seeds are not 60.10 chemically changed or are not adulterated within the meaning of 60.11 section 25.37,paragraphsparagraph (a),(b), (c), or (d) which60.12are distributed for use as feed or for mixing in feed, including60.13feed for aquatic animalsare exempt. The commissioner by rule 60.14 may exempt from this definition, or from specific provisions of 60.15 sections 25.31 to25.4425.43, commodities such as hay, straw, 60.16 stover, silage, cobs, husks, hulls, and individual chemical 60.17 compounds or substanceswhen suchif those commodities, 60.18 compounds, or substances are not intermixed with other 60.19 materials, and are not adulterated within the meaning of section 60.20 25.37,paragraphsparagraph (a), (b), (c), or (d). 60.21 Sec. 39. Minnesota Statutes 1996, section 25.33, 60.22 subdivision 6, is amended to read: 60.23 Subd. 6. [FEED INGREDIENT.] "Feed ingredient" means each 60.24 of the constituent materials making up a commercial feedor pet60.25food. 60.26 Sec. 40. Minnesota Statutes 1996, section 25.33, 60.27 subdivision 9, is amended to read: 60.28 Subd. 9. [CUSTOMER FORMULA FEED.] "Customer formula feed" 60.29 means commercial feed which consists of a mixture of commercial 60.30 feeds or feed ingredients or both, each batch of which is 60.31 manufactured according to the specific instructions of the final 60.32 purchaser. 60.33 Sec. 41. Minnesota Statutes 1996, section 25.33, 60.34 subdivision 20, is amended to read: 60.35 Subd. 20. [PET.] "Pet" meansanya domesticatedanimaldog 60.36 or cat normally maintained in or near the household oftheits 61.1 ownerthereof. 61.2 Sec. 42. Minnesota Statutes 1996, section 25.33, is 61.3 amended by adding a subdivision to read: 61.4 Subd. 21. [COMMISSIONER.] "Commissioner" means the 61.5 commissioner of agriculture or a designated representative. 61.6 Sec. 43. Minnesota Statutes 1996, section 25.33, is 61.7 amended by adding a subdivision to read: 61.8 Subd. 22. [SPECIALTY PET.] "Specialty pet" means a 61.9 domesticated animal normally maintained in a cage or tank, 61.10 including, but not limited to, a gerbil, hamster, canary, 61.11 psittacine bird, mynah, finch, tropical fish, goldfish, snake, 61.12 or turtle. "Specialty pet" does not include a dog, cat, horse, 61.13 rabbit, or wild bird. 61.14 Sec. 44. Minnesota Statutes 1996, section 25.33, is 61.15 amended by adding a subdivision to read: 61.16 Subd. 23. [SPECIALTY PET FOOD.] "Specialty pet food" means 61.17 commercial feed prepared and distributed for consumption by 61.18 specialty pets. 61.19 Sec. 45. Minnesota Statutes 1996, section 25.33, is 61.20 amended by adding a subdivision to read: 61.21 Subd. 24. [QUANTITY STATEMENT.] "Quantity statement" means 61.22 a statement of the net weight (mass), net volume (liquid or 61.23 dry), count, or other form of measurement. 61.24 Sec. 46. [25.341] [LICENSING.] 61.25 Subdivision 1. [REQUIREMENT.] Before a person may: (1) 61.26 manufacture a commercial feed in the state; (2) distribute a 61.27 commercial feed in or into the state; or (3) have the person's 61.28 name appear on the label of a commercial feed as guarantor, the 61.29 person must have a commercial feed license for each 61.30 manufacturing or distributing facility. A person who makes only 61.31 retail sales of commercial feed bearing labeling or another 61.32 approved indication that the commercial feed is from a licensed 61.33 manufacturer, guarantor, or distributor who has assumed full 61.34 responsibility for the tonnage inspection fee due under sections 61.35 25.31 to 25.43 is not required to obtain a license. 61.36 Subd. 2. [APPLICATION; FEE; TERM.] A person who is 62.1 required to have a commercial feed license shall submit an 62.2 application on a form provided or approved by the commissioner 62.3 accompanied by a license fee of $25 paid to the commissioner for 62.4 each facility. The license year is the calendar year. A 62.5 license expires on December 31 of the year for which it is 62.6 issued, except that a license is valid through January 31 of the 62.7 next year or until the issuance of the renewal license, 62.8 whichever comes first, if the licensee has filed a renewal 62.9 application with the commissioner on or before December 31 of 62.10 the year for which the current license was issued. A new 62.11 applicant who fails to obtain a license within 15 working days 62.12 of notification of the requirement to obtain a license, or a 62.13 licensee who fails to comply with license renewal requirements, 62.14 shall pay a $50 late fee in addition to the license fee. The 62.15 commissioner may issue a withdrawal from distribution order on 62.16 any commercial feed that an unlicensed person produces or 62.17 distributes in the state until a license is issued. 62.18 Subd. 3. [COPIES OF LABELS.] The commissioner may request 62.19 from a licensee copies of labels and labeling in order to 62.20 determine compliance with sections 25.31 to 25.43. 62.21 Subd. 4. [DENIAL; REVOCATION; SUSPENSION; LIMITS.] The 62.22 commissioner may deny a license to a person or suspend or revoke 62.23 the license of a person who is not in compliance with sections 62.24 25.31 to 25.43. The commissioner may impose conditions that 62.25 limit production or distribution of a particular commercial feed 62.26 on the license of a person who is not in compliance with 62.27 sections 25.31 to 25.43. A license may not be conditionalized, 62.28 suspended, refused, or revoked unless the applicant or licensee 62.29 has been given an opportunity to be heard before the 62.30 commissioner in order to comply with the requirements of 62.31 sections 25.31 to 25.43. 62.32 Sec. 47. Minnesota Statutes 1996, section 25.35, is 62.33 amended to read: 62.34 25.35 [LABELING.] 62.35A commercial feed shall be labeled as follows:62.36 (a)In case ofA commercial feed, except a customer formula 63.1 feed,it shallmust be accompanied by a label bearing the 63.2 following information: 63.3 (1)The net weight.63.4(2)the product name and the brand name, if any, under 63.5 which the commercial feed is distributed.; 63.6(3)(2) the guaranteed analysis, stated insuchtermsas63.7 the commissioner requires by ruledetermines is required, to 63.8 advise the user of the composition of the feed or to support 63.9 claims made in the labeling.In all casesThe substances or 63.10 elements must be determinable by laboratory methods such as the 63.11 methods published by theAssociation of Official Analytical63.12Chemists.AOAC International or other generally recognized 63.13 methods; 63.14(4)(3) the common or usual name of each ingredient used in 63.15 the manufacture of the commercial feed. The commissioner may by 63.16 rule permit the use of a collective term for a group of 63.17 ingredients which perform a similar function, or may exemptsuch63.18 commercial feeds,or any groupthereof,of commercial feeds from 63.19 this requirementof an ingredient statementon finding thatsuch63.20 an ingredient statement is not required in the interest of 63.21 consumers.; 63.22(5)(4) the name and principal mailing address of the 63.23 manufacturer or the person responsible for distributing the 63.24 commercial feed.; 63.25(6)(5) adequate directions for use for all commercial 63.26 feeds containing drugs and for such other feeds as the 63.27 commissioner may require by rule as necessary for their safe and 63.28 effective use.; 63.29(7) Such(6) precautionary statementsaswhich the 63.30 commissioner determines by ruledeterminesare necessary for the 63.31 safe and effective use of the commercial feed; and 63.32 (7) a quantity statement. 63.33 (b)In the case ofA customer formula feed, it shallmust 63.34 be accompanied by a label, invoice, delivery slip, or other 63.35 shipping document,bearing the following information: 63.36 (1) name and address of the manufacturer.; 64.1 (2) name and address of the purchaser.; 64.2 (3) date of delivery.; 64.3 (4) the product name andbrand name, if any, andeither 64.4(1)(i) thenet weightquantity of eachregisteredcommercial 64.5 feedused in the mixture,andthe net weight ofeach other 64.6 ingredient used in the mixture, or(2)(ii) a guaranteed 64.7 analysis and list of ingredients in paragraph(A), (3) and64.8(4).(a), clauses (2) and (3); 64.9 (5) adequate directions for use for all customer formula 64.10 feeds containing drugs and forsuchother feedsasthe 64.11 commissionermay requirerequires by rule as necessary for their 64.12 safe and effective use.; 64.13 (6)Suchprecautionary statementsasthe commissioner 64.14 determines by ruledeterminesare necessary for the safe and 64.15 effective use of the customer formula feed.; 64.16 (7) if a product containing a drug is used: 64.17 (i) the purpose of the medication (claim statement); and 64.18 (ii) the established name of each active drug ingredient 64.19 and the level of each drug used in the final mixture expressed 64.20 in a manner required by the commissioner by rule; and 64.21 (8) for a customer formula feed for which the formula is 64.22 developed by someone other than the manufacturer, a disclaimer 64.23 may be included on the label stating "THIS FEED IS A CUSTOMER 64.24 FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE MANUFACTURER. 64.25 THE MANUFACTURER DOES NOT CLAIM, REPRESENT, WARRANT, OR 64.26 GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL ADEQUACY 64.27 OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED FOR ITS 64.28 INTENDED PURPOSE." 64.29 (c) The manufacturer of a customer formula feed the formula 64.30 of which is developed by someone other than the manufacturer is 64.31 not responsible or liable for the nutritional adequacy or the 64.32 nutritional suitability of the feed for its intended purpose if: 64.33 (1) the manufacturer does not make a claim of nutritional 64.34 adequacy for the customer formula feed and does not make a claim 64.35 for nutritional suitability of the feed for its intended 64.36 purpose; and (2) the manufacturer includes the disclaimer in 65.1 paragraph (b), clause (8). A person other than the manufacturer 65.2 who develops or recommends a formula for a customer formula feed 65.3 is responsible for providing to the manufacturer of the feed the 65.4 appropriate labeling information and for providing the 65.5 appropriate use information to the feed manufacturer. 65.6 Sec. 48. Minnesota Statutes 1996, section 25.36, is 65.7 amended to read: 65.8 25.36 [MISBRANDING.] 65.9 A commercial feedshall be deemed to beis misbranded if: 65.10(a) If(1) its labeling is false or misleading in any 65.11 particular.; 65.12(b) If(2) it is distributed under the name of another 65.13 commercial feed.; 65.14(c) If(3) it is not labeled as required in section 25.35.; 65.15(d) If(4) it purports to be or is represented as a 65.16 commercial feed,orifit purports to contain or is represented 65.17 as containing a commercial feed ingredient unlesssuchthat 65.18 commercial feed or feed ingredient conforms to the definition, 65.19 if any, prescribed by rule by the commissioner.; 65.20(e) If(5) any word, statement, or other information 65.21 required by or under authority of sections 25.31 to25.4425.43 65.22 to appear on the label or labeling is not prominently 65.23 placedthereonon it with such conspicuousness as compared with 65.24 other words, statements, designs, or devices in the labeling, 65.25 and in such terms as to render it likely to be read and 65.26 understood by the ordinary individual under customary conditions 65.27 of purchase and use; or 65.28 (6) its labeling would deceive or mislead the purchaser 65.29 with respect to its composition or suitability. 65.30 Sec. 49. Minnesota Statutes 1996, section 25.37, is 65.31 amended to read: 65.32 25.37 [ADULTERATION.] 65.33 (a) A commercial feedshall be deemed to beor a material 65.34 exempted from the definition of commercial feed under section 65.35 25.33, subdivision 5, is adulterated if: 65.36(a) If(1) it bears or containsanya poisonous or 66.1 deleterious substance which may render it injurious to health; 66.2 but in case the substance is not an added substance,suchthe 66.3 commercial feedshallis notbeconsidered adulteratedunder66.4this sectionif the quantity ofsuchthe substance insuchthe 66.5 commercial feed does not ordinarily render it injurious to 66.6 health;or66.7(b) If(2) it bears or containsanyan added poisonous, 66.8addeddeleterious, oraddednonnutritive substance which is 66.9 unsafe within the meaning of section 406 of the federal Food, 66.10 Drug, and Cosmetic Act, other than the one which is a pesticide 66.11 chemical in or on a raw agricultural commodity, or a food 66.12 additive;or66.13(c) If(3) it is,unsafe oritbears or contains any food 66.14 additive which is unsafe within the meaning of section 409 of 66.15 the federal Food, Drug, and Cosmetic Act;or66.16(d) If(4) it is a raw agricultural commodity and it bears 66.17 or contains a pesticide chemical which is unsafe within the 66.18 meaning of section 408(a) of the federal Food, Drug, and 66.19 Cosmetic Act; provided, that where a pesticide chemical has been 66.20 used in or on a raw agricultural commodity in conformity with an 66.21 exemption granted or a tolerance prescribed under section 408 of 66.22 the federal Food, Drug, and Cosmetic Act andsuchthat raw 66.23 agricultural commodity has been subjected to processing such as 66.24 canning, cooking, freezing, dehydrating, or milling, the residue 66.25 ofsuchthe pesticide chemical remaining in or onsuchthe 66.26 processed feedshallis notbe deemedunsafe ifsuchthe 66.27 residue in or on the raw agricultural commodity has been removed 66.28 to the extent possible in good manufacturing practice and the 66.29 concentration ofsuchthe residue in the processed feed is not 66.30 greater than the tolerance prescribed for the raw agricultural 66.31 commodity unless the feeding ofsuchthe processed feed will 66.32 result or is likely to result in a pesticide residue in the 66.33 edible product of the animal, which is unsafe within the meaning 66.34 of section 408(a) of the federal Food, Drug, and Cosmetic 66.35 Act;or66.36(e) If(5) it is, or it bears or contains any color 67.1 additive which is unsafe within the meaning of section 706 of 67.2 the federal Food, Drug, and Cosmetic Act;or67.3 (6) it is, or it bears or contains, any new animal drug 67.4 which is unsafe within the meaning of section 512 of the federal 67.5 Food, Drug, and Cosmetic Act; 67.6 (7) it consists, in whole or in part, of any filthy, 67.7 putrid, or decomposed substance, or is otherwise unfit for feed; 67.8 (8) it has been prepared, packed, or held under unsanitary 67.9 conditions whereby it may have become contaminated with filth or 67.10 may have been rendered injurious to health; 67.11 (9) it is, in whole or in part, the product of a diseased 67.12 animal or of an animal which has died otherwise than by 67.13 slaughter which is unsafe within the meaning of section 67.14 402(a)(1) or (2) of the federal Food, Drug, and Cosmetic Act; 67.15 (10) its container is composed, in whole or in part, of any 67.16 poisonous or deleterious substance which may render the contents 67.17 injurious to health; or 67.18 (11) it has been intentionally subjected to radiation, 67.19 unless the use of the radiation was in conformity with a 67.20 regulation or exemption in effect under section 409 of the 67.21 federal Food, Drug, and Cosmetic Act. 67.22 (b) A commercial feed is adulterated if: 67.23(f) If(1) any valuable constituent has been in whole or in 67.24 part omitted or abstractedtherefromfrom it or any less 67.25 valuable substance substitutedthereforfor a constituent;or67.26(g) If(2) its composition or quality falls below or 67.27 differs from that which it is purported or is represented to 67.28 possess by its labeling;or67.29(h) If(3) it contains a drug and the methods used in or 67.30 the facilities or controls used for its manufacture, processing, 67.31 or packaging do not conform to current good manufacturing 67.32 practice rules promulgated by the commissioner to assure that 67.33 the drug meets therequirementsafety requirements of sections 67.34 25.31 to25.44 as to safety25.43 and has the identity and 67.35 strength and meets the quality and purity characteristics which 67.36 it purports or is represented to possess. Inpromulgating such68.1 adopting rules under this clause, the commissioner shall adopt 68.2 the current good manufacturing practice rules for medicated feed 68.3 premixes and for medicated feeds established under authority of 68.4 the federal Food, Drug, and Cosmetic Act, unless the 68.5 commissioner determines that they are not appropriate to the 68.6 conditions which exist in this state; or 68.7(i) If(4) it contains viable weed seeds in amounts 68.8 exceedingthelimitswhichestablished by the commissionershall68.9establishby rule. 68.10 Sec. 50. Minnesota Statutes 1996, section 25.38, is 68.11 amended to read: 68.12 25.38 [PROHIBITED ACTS.] 68.13 The following acts andthecausingthereof within the state68.14ofthe following acts in Minnesota are prohibited: 68.15(a) The(1) manufacture or distribution of any commercial 68.16 feed that is adulterated or misbranded.; 68.17(b) The(2) adulteration or misbranding of any commercial 68.18 feed.; 68.19(c) The(3) distribution of agricultural commodities such 68.20 as whole seed, hay, straw, stover, silage, cobs, husks, and 68.21 hulls, which are adulterated within the meaning of section 68.22 25.37, paragraph (a), (b), (c), and (d).; 68.23(d) The(4) removal or disposal of a commercial feed in 68.24 violation of an order under section 25.42.; 68.25(e) The(5) failure or refusal toregister in accordance68.26withobtain a commercial feed license under section 68.2725.34.25.341 or to provide a small package listing under 68.28 section 25.39; or 68.29(f)(6) failure to pay inspection fees or file reports as 68.30 required by section 25.39. 68.31 Sec. 51. Minnesota Statutes 1996, section 25.39, is 68.32 amended to read: 68.33 25.39 [INSPECTION FEES AND REPORTS.] 68.34 Subdivision 1. [AMOUNT OF FEE.] (a) An inspection fee at 68.35 the rate of 16 cents per tonshallmust be paid to the 68.36 commissioner on commercial feeds distributed in this state by 69.1 the person who first distributes the commercial feedto the69.2consumer, subject to the following, except that no fee needs to 69.3 be paid on: 69.4(a) No fee shall be paid on(1) a commercial feed if the 69.5 payment has been made by a previous distributor.; 69.6(b) No fee shall be paid on(2) customer formula feeds if 69.7 the inspection fee is paid on the commercial feeds which are 69.8 used as ingredientstherein.; or 69.9(c) No fee shall be paid on(3) commercial feedswhich are69.10 used as ingredients for the manufacture of commercial 69.11 feedswhich are registeredif the fee has been paid by a 69.12 previous distributor. If the fee has already been paid, 69.13 creditshallmust be given forsuchthat payment. A Minnesota 69.14 feed distributor who distributes commercial feed to purchasers 69.15 outside the state may purchase commercial feeds, without payment 69.16 by any person of the inspection fee required onsuchthose 69.17 purchases, under a permit issued by the commissioner. Such 69.18 permits shall only be issued to commercial feed distributors who 69.19 comply withsuchrulesas may be requiredadopted by the 69.20 commissioner relative to recordkeeping, tonnage of commercial 69.21 feed distributed in Minnesota, total of all commercial feed 69.22 tonnage distributed, and all other information which the 69.23 commissioner may require so as toinsureensure that proper 69.24 inspection fee payment has been made. 69.25(d)(b) In the case ofa commercial feed which ispet food 69.26 distributed in the state only in packages of ten pounds or less, 69.27 a listing of each product and a current label for each product 69.28 must be submitted annually on forms provided by the commissioner 69.29 and accompanied by an annual fee of $50shall be paidfor each 69.30 product in lieu of the inspection feespecified above. This 69.31 annual fee is due by July 1. The inspection fee required by 69.32 paragraph (a) applies to pet food distributed in packages 69.33 exceeding ten pounds. 69.34 (c) In the case of specialty pet food distributed in the 69.35 state only in packages of ten pounds or less, a listing of each 69.36 product and a current label for each product must be submitted 70.1 annually on forms provided by the commissioner and accompanied 70.2 by an annual fee of $25 for each product in lieu of the 70.3 inspection fee. This annual fee is due by July 1. The 70.4 inspection fee required by paragraph (a) applies to specialty 70.5 pet food distributed in packages exceeding ten pounds. 70.6 (d) The minimum inspection fee is $10 per annual reporting 70.7 period. 70.8 Subd. 1a. [CONTAINERS OF TEN POUNDS OR LESS.] A 70.9 distributor who is subject to the annual fee specified in 70.10 subdivision 1, paragraph (b) or (c), shall do the following: 70.11 (1) before beginning distribution, file with the 70.12 commissioner a listing of pet and specialty pet foods to be 70.13 distributed in the state only in containers of ten pounds or 70.14 less, on forms provided by the commissioner. The listing under 70.15 this clause must be renewed annually before July 1 and is the 70.16 basis for the payment of the annual fee. New products added 70.17 during the year must be submitted to the commissioner as a 70.18 supplement to the annual listing before distribution; and 70.19 (2) if the annual renewal of the listing is not received 70.20 before July 1 or if an unlisted product is distributed, pay a 70.21 late filing fee of $10 per product in addition to the normal 70.22 charge for the listing. The late filing fee under this clause 70.23 is in addition to any other penalty under this chapter. 70.24 Subd. 2. [SEMIANNUALANNUAL STATEMENT.]EachA person who 70.25 is liable for the payment ofsucha fee under this section shall 70.26 file with the commissioner on forms furnished by the 70.27 commissioner, a semiannualan annual statementfor the periods70.28ending December 31 and June 30setting forth the number of net 70.29 tons of commercial feeds distributed in this state duringsuch70.30reporting periodthe calendar year. The reportshall beis 70.31 dueon or beforeby the30th31st ofthe month following the70.32close of each reporting period of each calendar yeareach 70.33 January. The inspection fee at the rate specified in 70.34 subdivision 1, shallmust accompany the statement. For each 70.35 tonnage report not filed or payment of inspection fees not 70.36 madewithin 30 days after the end of a reporting periodon time, 71.1 a penalty of10ten percent of the amount due, with a minimum 71.2 penalty of $10,shallmust be assessed against the registrant, 71.3 and the amount of fees due, plus penalty, shall constituteis a 71.4 debt and may be recovered in a civil action against the 71.5 registrant. The assessment of this penaltyshalldoes not 71.6 prevent the department from taking other actions as provided in 71.7 this chapter. 71.8 Subd. 3. [RECORDS.] Eachdistributorperson required to 71.9 pay an inspection fee or to report in accordance with this 71.10 section shall keepsuchrecordsas may bethat are necessary or 71.11 required by the commissioner to indicate accurately the tonnage 71.12 of commercial feed distributed in this state, and the 71.13 commissionershall have the right tomay examinesuchthose 71.14 records to verify statements of tonnage. Failure to make an 71.15 accurate statement of tonnage or to pay the inspection fee or 71.16 complyas provided herein shall constitutewith this section is 71.17 sufficient cause for the cancellation ofall registrations on71.18file forthe commercial feed license of the distributor. 71.19 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A 71.20 commercial feed inspection account is established in the state 71.21 treasury. Fees and penalties collected under sections 25.35 to 71.2225.4425.43 and interest attributable to money in the account 71.23 must be deposited in the state treasury and credited to the 71.24 commercial feed inspection account. 71.25 Sec. 52. Minnesota Statutes 1996, section 25.41, 71.26 subdivision 6, is amended to read: 71.27 Subd. 6. [METHODS.] Sampling and analysisshallmust be 71.28 conducted in accordance with methods published by 71.29 theAssociation of Official Analytical Chemists,AOAC 71.30 International orin accordance withother generally recognized 71.31 methods. 71.32 Sec. 53. Minnesota Statutes 1996, section 28A.08, 71.33 subdivision 3, is amended to read: 71.34 Subd. 3. [FEES EFFECTIVE JULY 1, 1996.] 71.35 Penalties 71.36 Type of food handler License Late No 72.1 Fee Renewal License 72.2 Effective 72.3 July 1, 1996 72.4 1. Retail food handler 72.5 (a) Having gross sales of only 72.6 prepackaged nonperishable food 72.7 of less than $15,000 for 72.8 the immediately previous 72.9 license or fiscal year and 72.10 filing a statement with the 72.11 commissioner $ 45 $ 15 $ 25 72.12 (b) Having under $15,000 gross 72.13 sales including food preparation 72.14 or having $15,000 to $50,000 72.15 gross sales for the immediately 72.16 previous license or fiscal year $ 61 $ 15 $ 25 72.17 (c) Having $50,000 to $250,000 72.18 gross sales for the immediately 72.19 previous license or fiscal year $118 $ 35 $ 75 72.20 (d) Having $250,000 to 72.21 $1,000,000 gross sales for the 72.22 immediately previous license or 72.23 fiscal year $202 $ 50 $100 72.24 (e) Having $1,000,000 to 72.25 $5,000,000 gross sales for the 72.26 immediately previous license or 72.27 fiscal year $562 $100 $175 72.28 (f) Having $5,000,000 to 72.29 $10,000,000 gross sales for the 72.30 immediately previous license or 72.31 fiscal year $787 $150 $300 72.32 (g) Having over $10,000,000 72.33 gross sales for the immediately 72.34 previous license or fiscal year $899 $200 $350 72.35 2. Wholesale food handler 72.36 (a) Having gross sales or 73.1 service of less than $25,000 73.2 for the immediately previous 73.3 license or fiscal year $ 50 $ 15 $ 15 73.4 (b) Having $25,000 to 73.5 $250,000 gross sales or 73.6 service for the immediately 73.7 previous license or fiscal year $225 $ 50 $100 73.8 (c) Having $250,000 to 73.9 $1,000,000 gross sales or 73.10 service from a mobile unit 73.11 without a separate food facility 73.12 for the immediately previous 73.13 license or fiscal year $337 $ 75 $150 73.14 (d) Having $250,000 to 73.15 $1,000,000 gross sales or 73.16 service not covered under 73.17 paragraph (c) for the immediately 73.18 previous license or fiscal year $449 $100 $200 73.19 (e) Having $1,000,000 to 73.20 $5,000,000 gross sales or 73.21 service for the immediately 73.22 previous license or fiscal year $562 $125 $250 73.23 (f) Having over $5,000,000 gross 73.24 sales for the immediately 73.25 previous license or fiscal year $647 $150 $300 73.26 3. Food broker $112 $ 30 $ 50 73.27 4. Wholesale food processor 73.28 or manufacturer 73.29 (a) Having gross sales of less 73.30 than$250,000$125,000 for the 73.31 immediately previous license 73.32 or fiscal year$310$ 75$15073.33 $150 $ 50 $100 73.34 (b) Having$250,000$125,000 73.35 to$1,000,000$250,000 gross 73.36 sales for the immediately 74.1 previous license or fiscal year$449$100$20074.2 $310 $ 75 $150 74.3 (c) Having$1,000,000$250,001 74.4 to$5,000,000$1,000,000 gross 74.5 sales for the immediately 74.6 previous license or fiscal year$562$125$25074.7 $449 $100 $200 74.8 (d) Havingover$1,000,001 74.9 to $5,000,000 gross sales 74.10 for the immediately previous 74.11 license or fiscal year$647$150$30074.12 $562 $125 $250 74.13 (e) Having $5,000,001 to 74.14 $10,000,000 gross sales for 74.15 the immediately previous 74.16 license or fiscal year $647 $150 $300 74.17 (f) Having over $10,000,000 74.18 gross sales for the immediately 74.19 previous license or fiscal year $900 $200 $350 74.20 5. Wholesale food processor of 74.21 meat or poultry products 74.22 under supervision of the 74.23 U. S. Department of Agriculture 74.24 (a) Having gross sales of less 74.25 than$250,000$125,000 for the 74.26 immediately previous license 74.27 or fiscal year$169$ 50$ 7574.28 $100 $ 25 $ 50 74.29 (b) Having$250,000$125,000 74.30 to$1,000,000$250,000 gross 74.31 sales for the immediately 74.32 previous license or fiscal year$253$ 75$12574.33 $169 $ 50 $ 75 74.34 (c) Having$1,000,000$250,001 74.35 to$5,000,000$1,000,000 gross 74.36 sales for the immediately 75.1 previous license or fiscal year$310$ 75$15075.2 $253 $125 75.3 (d) Havingover$1,000,001 75.4 to $5,000,000 gross sales 75.5 for the immediately previous 75.6 license or fiscal year$366$100$17575.7 $310 $ 75 $150 75.8 (e) Having $5,000,001 to 75.9 $10,000,000 gross sales for 75.10 the immediately previous 75.11 license or fiscal year $366 $100 $175 75.12 (f) Having over $10,000,000 75.13 gross sales for the immediately 75.14 previous license or fiscal year $500 $150 $250 75.15 6. Wholesale food manufacturer 75.16 having the permission of the 75.17 commissioner to use the name 75.18 Minnesota Farmstead cheese $ 30 $ 10 $ 15 75.19 7. Nonresident frozen dairy 75.20 manufacturer $200 $ 50 $ 75 75.21 8. Wholesale food manufacturer 75.22 processing less than70,000700,000 75.23 pounds per year ofcultured75.24dairy food as defined in75.25section 32.486, subdivision 1,75.26paragraph (b)raw milk $ 30 $ 10 $ 15 75.27 9. A milk marketing organization 75.28 without facilities for 75.29 processing or manufacturing 75.30 that purchases milk from milk 75.31 producers for delivery to a 75.32 licensed wholesale food 75.33 processor or manufacturer $ 50 $ 15 $ 25 75.34 Sec. 54. Minnesota Statutes 1996, section 32.103, is 75.35 amended to read: 75.36 32.103 [INSPECTION OF DAIRIES.] 76.1 (a) At times the commissioner determines proper, the 76.2 commissioner shall cause to be inspected all places where dairy 76.3 products are made, stored, or served as food for pay, and all 76.4 places where cows are kept by persons engaged in the sale of 76.5 milk, and shall require the correction of all insanitary 76.6 conditions and practices found. During routine inspections or 76.7 as necessary, the commissioner shall inspect for: 76.8 (1) evidence of use of rBGH in violation of section 32.75, 76.9 by producers providing affidavits of nontreatment under that 76.10 section; and 76.11 (2) mercury manometers in violation of section 116.92. 76.12 (b) A refusal or physical threat that prevents the 76.13 completion of an inspection or neglect to obey a lawful 76.14 direction of the commissioner or the commissioner's agent given 76.15 while carrying out this section may result in the suspension of 76.16 the offender's permit or certification. The offender is 76.17 required to meet with a representative of the offender's plant 76.18 or marketing organization and a representative of the 76.19 commissioner within 48 hours excluding holidays or weekends or 76.20 the suspension will take effect. A producer may request a 76.21 hearing before the commissioner or the commissioner's agent if a 76.22 serious concern exists relative to the retention of the 76.23 offender's permit or certification to sell milk. 76.24 Sec. 55. Minnesota Statutes 1996, section 32.394, 76.25 subdivision 8, is amended to read: 76.26 Subd. 8. [GRADE A INSPECTION FEES.] A processor or 76.27 marketing organization of milk, milk products, sheep milk, or 76.28 goat milk who wishes to market Grade A milk or use the Grade A 76.29 label must apply for Grade A inspection service from the 76.30 commissioner. A pasteurization plant requesting Grade A 76.31 inspection service must hold a Grade A permit and pay an annual 76.32 inspection fee of no more than $500 which includes the 76.33 inspection of one pasteurization unit. For each additional unit 76.34 the annual fee is $140. For Grade A farm inspection service,76.35 the feemust be no more than $50 per farm,paid annually by the 76.36 processor or by the marketing organization on behalf of its 77.1 patrons must be according to the following schedule of herd 77.2 size: 1-29 cows $50, 30-49 cows $60, 50-99 cows $70, 100-199 77.3 cows $80, and 200 or more cows $90. For a farm requiring a 77.4 reinspection in addition to the required biannual inspections, 77.5 an additional fee of no more than$25$45 per reinspection must 77.6 be paid by the processor or by the marketing organization on 77.7 behalf of its patrons.The Grade A farm inspection fee must not77.8exceed the lesser of (1) 40 percent of the department's actual77.9average cost per farm inspection or reinspection; or (2) the77.10dollar limits set in this subdivision. No fee increase may be77.11implemented until after the commissioner has held three or more77.12public hearings.77.13 Sec. 56. Minnesota Statutes 1996, section 32.394, 77.14 subdivision 8a, is amended to read: 77.15 Subd. 8a. [LABORATORY CERTIFICATION.] A laboratory, before 77.16 conducting a test the results of which are to be used in the 77.17 enforcement of requirements for distribution of milk, milk 77.18 products, sheep milk, or goat milk under the Grade A label, must 77.19 be certified as meeting the requirements for laboratory approval 77.20 that are established by rule of the commissioner, and must 77.21 receive a permit from the commissioner. The annual permit shall 77.22 remain validwithout renewalunless suspended or revoked by the 77.23 commissioner for failure to comply with the requirements. 77.24 Satisfactory analytical procedures and results for split 77.25 samples, the nature, number and frequency of which shall be in 77.26 accordance with rules established by the commissioner, shall be 77.27 required of a certified laboratory for retention of its 77.28 certification and permit. 77.29An application for initialThe annual fee for laboratory 77.30 certification or for recertification following suspension or 77.31 revocation of a permit shall beaccompanied by abased on the 77.32 number of criteria the laboratory is certified to perform. The 77.33 annual feeoffor each criterion must be not less than 77.34$100$80 nor more than$350$120. The fee for each set of split 77.35 samplesshallmust be not less than $25 nor more than$75$125. 77.36 The commissioner may annually adjust assessments within the 78.1 limits established by this subdivision to meet the cost of the 78.2 services required by this subdivision. 78.3A certified laboratory of record on June 5, 1975 shall be78.4issued a permit without having to pay the initial certification78.5fee.78.6 Sec. 57. Minnesota Statutes 1996, section 32.394, 78.7 subdivision 8b, is amended to read: 78.8 Subd. 8b. [MANUFACTURING GRADE FARM CERTIFICATION.] A 78.9 processor or marketing organization of milk, milk products, 78.10 sheep milk, or goat milk who wishes to market other than Grade A 78.11 milk must apply for a manufacturing grade farm certification 78.12 inspection from the commissioner. A manufacturing plant that 78.13 pasteurizes milk or milk by-products must pay an annual fee 78.14based on the number of pasteurization units. This fee must not78.15exceed $140 per unitof not more than $250 which includes the 78.16 inspection of one pasteurization unit. For each additional unit 78.17 the annual fee is $140. The fee for farm certification 78.18 inspection mustnot be more than $25 per farmbe according to 78.19 the following schedule of herd size: 1-29 cows $25, 30-49 cows 78.20 $30, 50-99 cows $35, 100-199 cows $40, 200 or more cows $45. 78.21 These fees are to be paid annually by the processor or by the 78.22 marketing organization on behalf of its patrons. For a farm 78.23 requiring more than the one inspection for certification, a 78.24 reinspection fee of no more than$25$45 must be paid by the 78.25 processor or by the marketing organization on behalf of its 78.26 patrons.The fee must be set by the commissioner in an amount78.27necessary to cover 40 percent of the department's actual cost of78.28providing the annual inspection but must not exceed the limits78.29in this subdivision. No fee increase may be implemented until78.30after the commissioner has held three or more public hearings.78.31 Sec. 58. Minnesota Statutes 1996, section 32.394, 78.32 subdivision 8d, is amended to read: 78.33 Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 78.34 pay to the commissioner a fee for fluid milk processedand, milk 78.35 used in the manufacture of fluid milk products, frozen dairy 78.36 desserts, and mix sold for retail sale in Minnesota.Beginning79.1May 1, 1993,The fee for fluid milk and milk products is not 79.2 less than six cents per hundredweight and not more than nine 79.3 cents per hundredweight. The fee for frozen dairy desserts and 79.4 mix is not less than three-tenths of one cent per gallon or more 79.5 than one cent per gallon. If the commissioner determines that a 79.6 different fee,not less than five cents and not more than nine79.7cents per hundredweight,when combined with general fund 79.8 appropriations and fees charged under sections 31.39 and 32.394, 79.9 subdivision 8, is needed to provide adequate funding for the 79.10 Grades A and B inspection programs and the administration and 79.11 enforcement ofLaws 1993, chapter 65sections 32.70 to 32.74, 79.12 the commissioner may, by rule, change the fee on processors 79.13 within the range provided within this subdivision. 79.14 (b) Processors must report quantities of milk processed 79.15 under paragraph (a) on forms provided by the commissioner. 79.16 Processor fees must be paid monthly. The commissioner may 79.17 require the production of records as necessary to determine 79.18 compliance with this subdivision. 79.19 (c) The commissioner may create within the department a 79.20 dairy consulting program to provide assistance to dairy 79.21 producers who are experiencing problems meeting the sanitation 79.22 and quality requirements of the dairy laws and rules. 79.23 The commissioner may use money appropriated from the dairy 79.24 services account created in subdivision 9 to pay for the program 79.25 authorized in this paragraph. 79.26 Sec. 59. Minnesota Statutes 1996, section 35.71, 79.27 subdivision 5, is amended to read: 79.28 Subd. 5. [ANNUAL LICENSE FEE.] Each licensed institution 79.29 must pay to the board a license fee of$50$100 for each 79.30 calendar year or part of a calendar year. License fees must be 79.31 deposited in the general fund of the state treasury. 79.32 Sec. 60. Minnesota Statutes 1996, section 35.824, is 79.33 amended to read: 79.34 35.824 [APPLICATION FOR REGISTRATION; PENALTIES, DUPLICATE 79.35 BRANDS.] 79.36 The board shall prepare standard forms and supply the forms 80.1 for distribution to those who desire to apply for a brand. The 80.2 application must show a left and right side view of the animals 80.3 upon which a mark or brand will be eligible for registry. The 80.4 mark or brand location must be designated to the following body 80.5 regions: head, bregma, right and left jaw, neck, shoulder, rib, 80.6 hip, and breech. The applicant must select at least three 80.7 distinct marks or brands listed in preferred order, and three 80.8 locations on the animal listed in preferred order. The 80.9 application must be properly signed and notarized and 80.10 accompanied by a fee of$10$25. The mark or brand, if approved 80.11 and accepted by the board, is valid during the ten-year period 80.12 in which it is recorded. A person who knowingly places on an 80.13 animal a mark or brand which has not been registered with the 80.14 board and which is in duplication of a mark or brand that is 80.15 registered with the board is guilty of a felony. "Duplication" 80.16 means the use of a similar mark or brand, used in any position 80.17 on the animal designated for the use of a registered mark or 80.18 brand, such as the head, bregma, jaw, neck, shoulder, rib, hip, 80.19 or breech. A person who alters or defaces a brand or mark on 80.20 any animal to prevent its identification by its owner is guilty 80.21 of a felony. 80.22 Sec. 61. Minnesota Statutes 1996, section 41A.09, 80.23 subdivision 3a, is amended to read: 80.24 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture 80.25 shall make cash payments to producers of ethanol, anhydrous 80.26 alcohol, and wet alcohol located in the state. These payments 80.27 shall apply only to ethanol, anhydrous alcohol, and wet alcohol 80.28 fermented in the state and produced at plants that have begun 80.29 production by June 30, 2000. For the purpose of this 80.30 subdivision, an entity that holds a controlling interest in more 80.31 than one ethanol plant is considered a single producer. The 80.32 amount of the payment for each producer's annual production is: 80.33 (1) except as provided in paragraph (b), for each gallon of 80.34 ethanol or anhydrous alcohol produced on or before June 30, 80.35 2000, or ten years after the start of production, whichever is 80.36 later, 20 cents per gallon; and 81.1 (2) for each gallon produced of wet alcohol on or before 81.2 June 30, 2000, or ten years after the start of production, 81.3 whichever is later, a payment in cents per gallon calculated by 81.4 the formula "alcohol purity in percent divided by five," and 81.5 rounded to the nearest cent per gallon, but not less than 11 81.6 cents per gallon. 81.7 The producer payments for anhydrous alcohol and wet alcohol 81.8 under this section may be paid to either the original producer 81.9 of anhydrous alcohol or wet alcohol or the secondary processor, 81.10 at the option of the original producer, but not to both. 81.11 (b) If the level of production at an ethanol plant 81.12 increases due to an increase in the production capacity of the 81.13 plant and the increased production begins by June 30, 2000, the 81.14 payment under paragraph (a), clause (1), applies to the 81.15 additional increment of production until ten years after the 81.16 increased production began. Once a plant's production capacity 81.17 reaches 15,000,000 gallons per year, no additional increment 81.18 will qualify for the payment. 81.19 (c) The commissioner shall make payments to producers of 81.20 ethanol or wet alcohol in the amount of 1.5 cents for each 81.21 kilowatt hour of electricity generated using closed-loop biomass 81.22 in a cogeneration facility at an ethanol plant located in the 81.23 state. Payments under this paragraph shall be made only for 81.24 electricity generated at cogeneration facilities that begin 81.25 operation by June 30, 2000. The payments apply to electricity 81.26 generated on or before the date ten years after the producer 81.27 first qualifies for payment under this paragraph. Total 81.28 payments under this paragraph in any fiscal year may not exceed 81.29 $750,000. For the purposes of this paragraph: 81.30 (1) "closed-loop biomass" means any organic material from a 81.31 plant that is planted for the purpose of being used to generate 81.32 electricity or for multiple purposes that include being used to 81.33 generate electricity; and 81.34 (2) "cogeneration" means the combined generation of: 81.35 (i) electrical or mechanical power; and 81.36 (ii) steam or forms of useful energy, such as heat, that 82.1 are used for industrial, commercial, heating, or cooling 82.2 purposes. 82.3 (d) The total payments under paragraphs (a) and (b) to all 82.4 producers may not exceed$30,000,000$34,000,000 in a fiscal 82.5 year. Total payments under paragraphs (a) and (b) to a producer 82.6 in a fiscal year may not exceed $3,000,000. 82.7 (e) By the last day of October, January, April, and July, 82.8 each producer shall file a claim for payment for ethanol, 82.9 anhydrous alcohol, and wet alcohol production during the 82.10 preceding three calendar months. A producer with more than one 82.11 plant shall file a separate claim for each plant. A producer 82.12 shall file a separate claim for the original production capacity 82.13 of each plant and for each additional increment of production 82.14 that qualifies under paragraph (b). A producer that files a 82.15 claim under this subdivision shall include a statement of the 82.16 producer's total ethanol, anhydrous alcohol, and wet alcohol 82.17 production in Minnesota during the quarter covered by the claim, 82.18 including anhydrous alcohol and wet alcohol produced or received 82.19 from an outside source. A producer shall file a separate claim 82.20 for any amount claimed under paragraph (c). For each claim and 82.21 statement of total ethanol, anhydrous alcohol, and wet alcohol 82.22 production filed under this subdivision, the volume of ethanol, 82.23 anhydrous alcohol, and wet alcohol production or amounts of 82.24 electricity generated using closed-loop biomass must be examined 82.25 by an independent certified public accountant in accordance with 82.26 standards established by the American Institute of Certified 82.27 Public Accountants. 82.28 (f) Payments shall be made November 15, February 15, May 82.29 15, and August 15. A separate payment shall be made for each 82.30 claim filed. The total quarterly payment to a producer under 82.31 this paragraph, excluding amounts paid under paragraph (c), may 82.32 not exceed $750,000. If the total amount for which all 82.33 producers are eligible in a quarter under paragraphs (a) and (b) 82.34 exceeds$7,500,000$8,500,000, the commissioner shall make 82.35 payments in the order in which the portion of production 82.36 capacity covered by each claim went into production. If the 83.1 total amount of ethanol or wet alcohol production reported for a 83.2 quarter under paragraph (e) equals or exceeds 55,000,000 gallons: 83.3 (1) payments under this subdivision do not apply to the 83.4 amount produced in excess of 55,000,000 gallons; 83.5 (2) the commissioner shall make payments to producers in 83.6 the order in which the portion of production capacity covered by 83.7 each claim began production; and 83.8 (3) only those producers that receive payments for the 83.9 quarter, or received payments under paragraph (a) or (b) in an 83.10 earlier quarter, will be eligible for future ethanol or wet 83.11 alcohol production payments under this subdivision. 83.12 (g) If the total amount for which all producers are 83.13 eligible in a quarter under paragraph (c) exceeds the amount 83.14 available for payments, the commissioner shall make payments in 83.15 the order in which the plants covered by the claims began 83.16 generating electricity using closed-loop biomass. 83.17 (h) After the effective date of this section, new 83.18 production capacity is eligible for payment under this 83.19 subdivision if by July 31, 1997, the commissioner receives: 83.20 (1) an application for approval of the new production 83.21 capacity; 83.22 (2) an appropriate letter of long-term financial commitment 83.23 for construction of the new capacity; and 83.24 (3) copies of all necessary permits for construction of the 83.25 new capacity. 83.26 The commissioner may approve the additional capacity based 83.27 on the order in which the applications are received. The 83.28 commissioner shall not approve production capacity in excess of 83.29 the limitations in paragraph (f). Existing plants are not 83.30 eligible for new capacity beyond planned expansions reported to 83.31 the commissioner in February 1997. 83.32 Sec. 62. Minnesota Statutes 1996, section 84.027, is 83.33 amended by adding a subdivision to read: 83.34 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner 83.35 may receive an application for, sell, and issue any license, 83.36 stamp, permit, registration, or transfer under the jurisdiction 84.1 of the commissioner by electronic means, including by 84.2 telephone. The commissioner may: 84.3 (1) provide for the electronic transfer of funds generated 84.4 by electronic transactions, including by telephone; 84.5 (2) appoint agents to administer electronic transactions; 84.6 (3) assign a license identification number to an applicant 84.7 who purchases a hunting or fishing license by electronic means, 84.8 to serve as temporary authorization to engage in the licensed 84.9 activity until the license is received or expires; 84.10 (4) charge and permit agents to charge a reasonable 84.11 transaction fee and credit card fee of individuals who make 84.12 electronic transactions, including transactions by telephone; 84.13 and 84.14 (5) adopt rules to administer the provisions of this 84.15 subdivision. 84.16 (b) A county shall not collect a commission for the sale of 84.17 licenses or permits made by agents appointed by the commissioner 84.18 under this subdivision. 84.19 Sec. 63. Minnesota Statutes 1996, section 84.0273, is 84.20 amended to read: 84.21 84.0273 [CORRECTIONESTABLISHMENT OF BOUNDARY LINES 84.22 RELATING TO CERTAIN STATE LANDHOLDINGS.] 84.23 In order tocorrect errors in legal descriptionsresolve 84.24 boundary line issues affecting the ownership interests of the 84.25 state and adjacent landowners, the commissioner of natural 84.26 resources may, in the name of the state upon terms the 84.27 commissioner deems appropriate, convey,without monetary84.28consideration,by a boundary line agreement, quitclaim deed, or 84.29 management agreement in such form as the attorney general 84.30 approves, such rights, titles, and interests of the state in 84.31 state lands for such rights, titles and interests in adjacent 84.32 lands as are necessary for the purpose ofcorrecting legal84.33descriptions ofestablishing boundaries. A notice of the 84.34 proposed conveyance and a brief statement of the reason therefor 84.35 shall be published once in the State Register by the 84.36 commissioner between 15 and 30 days prior to conveyance. The 85.1 provisions of this section are not intended to replace or 85.2 supersede laws relating to land exchange or disposal of surplus 85.3 state property. 85.4 Sec. 64. Minnesota Statutes 1996, section 84.82, 85.5 subdivision 3, is amended to read: 85.6 Subd. 3. [FEES FOR REGISTRATION.] (a) The fee for 85.7 registration of each snowmobile, other than those used for an 85.8 agricultural purpose, as defined in section 84.92, subdivision 85.9 1c, or those registered by a dealer or manufacturer pursuant to 85.10 clause (b) or (c) shall be as follows:$30$45 for three years 85.11 and $4 for a duplicate or transfer. 85.12 (b) The total registration fee for all snowmobiles owned by 85.13 a dealer and operated for demonstration or testing purposes 85.14 shall be $50 per year. 85.15 (c) The total registration fee for all snowmobiles owned by 85.16 a manufacturer and operated for research, testing, 85.17 experimentation, or demonstration purposes shall be $150 per 85.18 year. Dealer and manufacturer registrations are not 85.19 transferable. 85.20 Sec. 65. Minnesota Statutes 1996, section 85.015, is 85.21 amended by adding a subdivision to read: 85.22 Subd. 1c. [METAL TRACTION DEVICES; PROHIBITION ON PAVED 85.23 TRAILS.] A person may not use a snowmobile with metal traction 85.24 devices on any paved state trail. 85.25 Sec. 66. Minnesota Statutes 1996, section 85.052, 85.26 subdivision 3, is amended to read: 85.27 Subd. 3. [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 85.28 An individual using spaces in state parks under subdivision 1, 85.29 clause (2), shall be charged daily rates determined and set by 85.30 the commissioner in a manner and amount consistent with the type 85.31 of facility provided for the accommodation of guests in a 85.32 particular park and with similar facilities offered for tourist 85.33 camping and similar use in the area. 85.34 (b) The fee for special parking spurs, campgrounds for 85.35 automobiles, sites for tent camping, and special auto trailer 85.36 coach parking spaces is one-half of the fee set in paragraph (a) 86.1 on Sunday through Thursday of each week for: 86.2 (1)an individual age 65 or over who is a resident of the86.3state and who furnishes satisfactory proof of age and residence;86.4(2)a physically handicapped person with a motor vehicle 86.5 that has special plates issued under section 168.021, 86.6 subdivision 1; or 86.7(3)(2) a physically handicapped person who possesses a 86.8 certificate issued under section 169.345, subdivision 3. 86.9 Sec. 67. Minnesota Statutes 1996, section 85.053, 86.10 subdivision 1, is amended to read: 86.11 Subdivision 1. [FORM, ISSUANCE, VALIDITY.] (a) The 86.12 commissioner shall prepare and provide state park permits for 86.13 eachcalendaryear that state a motor vehicle may enter and use 86.14 state parks, state recreation areas, and state waysides over 50 86.15 acres in area.State park permits must be available and placed86.16on sale by October 1 of the year preceding the calendar year86.17that the permit is valid.86.18 (b) A state park permit may be affixed when purchased and 86.19 used from the time it is affixed until the end of thecalendar86.20 year for which it is issued. State park permits in each 86.21 category must be numbered consecutively for each year of issue. 86.22 (c) State park permits shall be issued by employees of the 86.23 division of parks and recreation as designated by the 86.24 commissioner. State park permits also may be consigned to and 86.25 issued by agents designated by the commissioner who are not 86.26 employees of the division of parks and recreation. All proceeds 86.27 from the sale of permits and all unsold permits consigned to 86.28 agents shall be returned to the commissioner at such times as 86.29 the commissioner may direct, but no later than the end of the 86.30calendaryear for which the permits are effective. No part of 86.31 the permit fee may be retained by an agent. An additional 86.32 charge or fee in an amount to be determined by the commissioner, 86.33 but not to exceed four percent of the price of the permit, may 86.34 be collected and retained by an agent for handling or selling 86.35 the permits. 86.36 Sec. 68. Minnesota Statutes 1996, section 85.053, 87.1 subdivision 4, is amended to read: 87.2 Subd. 4. [TWO-DAYONE-DAY PERMITS.] The commissioner shall 87.3 prescribe a special one-day state park permit for use of state 87.4 parks, state recreation areas, or state waysidesup to two days87.5 under conditions prescribed by the commissioner. The conditions 87.6 must allow the permit to be valid for use of the park by campers 87.7 until the camping checkout time the day following purchase. 87.8 Sec. 69. Minnesota Statutes 1996, section 85.055, 87.9 subdivision 1, is amended to read: 87.10 Subdivision 1. [FEES.] The fee for state park permits for: 87.11 (1) an annual use of state parks is $20; 87.12 (2) a second vehicle state park permit is $15; 87.13 (3) a state park permit validup to two daysfor one day is 87.14 $4; 87.15 (4) a daily vehicle state park permit for groups is $2; 87.16 (5) an employee's state park permit is without charge;and87.17 (6) a state park permit for handicapped persons under 87.18 section 85.053, subdivision 7, clauses (1) and (2), is $12; and 87.19 (7) purchase of six annual permits by an individual is $108. 87.20 The fees specified in this subdivision include any sales 87.21 tax required by state law. 87.22 Sec. 70. Minnesota Statutes 1996, section 85.055, is 87.23 amended by adding a subdivision to read: 87.24 Subd. 1a. [PATRON PERMIT.] The commissioner may develop a 87.25 special patron permit requiring persons to pay an additional 87.26 amount above the annual permit fee required in subdivision 1. 87.27 The additional amount paid under this subdivision shall be 87.28 deposited in the state treasury and credited to the working 87.29 capital account under section 85.22, subdivision 1. 87.30 Sec. 71. Minnesota Statutes 1996, section 88.79, is 87.31 amended by adding a subdivision to read: 87.32 Subd. 3. [COST-SHARING OF CONSERVATION PRACTICES.] The 87.33 commissioner of natural resources may provide cost-sharing of 87.34 conservation practices to nonindustrial owners of less than 87.35 5,000 acres of private land within this state, provided that the 87.36 landowners successfully complete conservation practices approved 88.1 by the commissioner. The cost shared by the commissioner may 88.2 not exceed 75 percent of the actual cost of the conservation 88.3 practice. 88.4 Sec. 72. Minnesota Statutes 1996, section 92.06, 88.5 subdivision 1, is amended to read: 88.6 Subdivision 1. [TERMS.] (a) The terms of payment on the 88.7 sale of state public lands must be as follows: The purchaser 88.8 shall pay in cash at the time of sale the appraised value of all 88.9 timber and costs determined by the commissioner to be associated 88.10 with the sale including survey, appraisal, publication, deed 88.11 tax, filing fee, and similar costs. At least 15 percent of the 88.12 purchase price of the land exclusive of timber and associated 88.13 costs must be paid in cash at the time of sale. The balance of 88.14 the purchase price must be paid in no more than 20 equal annual 88.15 installments. Payments must be made by June 1 each year 88.16 following the year in which the purchase was made, with interest 88.17 at the rate in effect at the time of sale, calculated under this 88.18 subdivision, on the unpaid balances. Any installment of 88.19 principal or interest may be paid in advance, but part payment 88.20 of an installment will not be accepted. For the purpose of 88.21 computing interest, any installment of principal not paid on 88.22 June 1 shall be credited on the following June 1. The purchaser 88.23 may pay the balance due on a sale within 30 days of the sale 88.24 with no interest due. 88.25 (b) Interest on unpaid balances must be computed as annual 88.26 simple interest. The rate of interest must be based on average 88.27 effective interest rates on mortgage loans as provided in 88.28 paragraph (c). 88.29 (c) On or before December 31 of each year, the commissioner 88.30 of natural resources shall determine the rate from the average 88.31 effective interest rate on loans closed using the office of 88.32 thrift supervision series, formerly the federal home loan bank 88.33 board series, or its successor agency, for the most recent 88.34 calendar month, reported on a monthly basis in the latest 88.35 statistical release of the board of governors of the federal 88.36 reserve system. This yield, rounded to the nearest quarter of 89.1 one percent, is the annual interest rate for sales of state land 89.2 during the succeeding calendar year. 89.3 (d) For state land sales in calendar year 1993 after July 89.4 1, 1993, the rate is eight percent, which is the September 1992 89.5 average from the office of thrift supervision series, rounded to 89.6 the nearest quarter of one percent. 89.7 Sec. 73. Minnesota Statutes 1996, section 92.06, 89.8 subdivision 4, is amended to read: 89.9 Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a 89.10 person has made improvements to the land and if: (1) the 89.11 commissioner believes that person settled the land in good faith 89.12 as homestead land under the laws of the United States before it 89.13 was certified to the state,or if(2) the improvements were 89.14 lawfully made by that person as a lessee of the state, or (3) 89.15 the commissioner determines, based on clear and convincing 89.16 evidence provided by the person, that the improvements were made 89.17 by the person as an inadvertent trespasser, then the value of 89.18 the improvements must be separately appraised and, if the 89.19 settleror, lessee, or inadvertent trespasser purchases the 89.20 land, the settleror, lessee, or inadvertent trespasser is not 89.21 required to pay for the improvements. If another person 89.22 purchases the land, that person must pay the owner of the 89.23 improvements, in addition to all other required payments, the 89.24 appraised amount for the improvements. Payment for improvements 89.25 must be made within 15 days of the auction sale, either in cash 89.26 or upon terms and conditions agreeable to the owner of the 89.27 improvements. If payment for improvements is not made in cash, 89.28 and if there is no agreement between the parties within 15 days 89.29 of the auction sale, the commissioner may: 89.30 (1) sell the property to the second highest qualified 89.31 bidder if that bidder submitted to the commissioner's 89.32 representative, at the auction sale, a written request to buy 89.33 the property at a specified price; or 89.34 (2) void the sale and reoffer the property at a subsequent 89.35 sale. 89.36 This subdivision does not apply unless the owner of the 90.1 improvements makes a verified application to the commissioner 90.2 showing entitlement to the improvements before the first state 90.3 public sale at which the land is offered for sale. The 90.4 applicant must appear at the sale and offer to purchase the land 90.5 for at least its appraised value including all timber on it, and 90.6 make the purchase if no higher bid is received. Actions or 90.7 other proceedings involving the land in question begun before 90.8 the sale must have been completed. 90.9 Sec. 74. Minnesota Statutes 1996, section 92.16, 90.10 subdivision 1, is amended to read: 90.11 Subdivision 1. [CONTENTS; DEFAULT, RESALE.] At the time of 90.12 the sale the commissioner shall execute, acknowledge, and 90.13 deliver to the purchaser a certificate of sale, numbered and 90.14 made assignable, certifying the description of the land sold, 90.15 its quantity, the price per acre, the consideration paid and to 90.16 be paid, and the time and terms of payment. A certificate must 90.17 not be delivered until the sum required by law to be paid at the 90.18 time of the sale is paid.The sum includes costs determined by90.19the commissioner to be associated with the sale such as survey,90.20appraisal, publication, deed tax, filing fee, and similar90.21costs.If the purchaser fails to pay the sum, the commissioner 90.22 mayimmediatelyreoffer the land for sale, but a bid may not be 90.23 accepted from the person failing to pay the original offer. If 90.24 the purchaser pays in full at the time of sale, the commissioner 90.25 is not required to issue a certificate of sale. 90.26 Sec. 75. [92.80] [PAYMENT OF TAXES AND ASSESSMENTS.] 90.27 Subdivision 1. [CANCELLATION OF CERTIFICATE OF SALE.] If 90.28 the state acquires an interest in real property prior to the 90.29 cancellation of a certificate of sale or upon completion of the 90.30 cancellation process by advertisement or court order, the state 90.31 must make provision to pay all taxes, interests, costs, 90.32 penalties, and assessments. The commissioner of natural 90.33 resources must request the certificate of sale vendee to make a 90.34 good faith attempt to pay the debt. If the commissioner 90.35 determines that the vendee is unwilling or unable to pay the 90.36 debt, the commissioner may pay the debt and seek redress against 91.1 the vendee. 91.2 Subd. 2. [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a 91.3 grantee on a certificate of sale or state deed desires the state 91.4 to exercise its reversionary interest in real property, the 91.5 grantee must pay all real estate taxes, costs, interest, 91.6 penalties, and assessments on the property prior to reversion. 91.7 (b) If a grantee on a certificate of sale or state deed 91.8 breaches the contractual terms of the certificate or deed, the 91.9 commissioner of natural resources must request the grantee to 91.10 make a good faith attempt to pay all real estate taxes, costs, 91.11 interest, penalties, and assessments on the property prior to 91.12 reversion. If the commissioner determines that the grantee is 91.13 unwilling or unable to pay the debt, the commissioner may pay 91.14 the debt and seek redress against the grantee. 91.15 Sec. 76. Minnesota Statutes 1996, section 94.10, 91.16 subdivision 2, is amended to read: 91.17 Subd. 2. (a) Lands certified as surplus by the head of a 91.18 department or agency other than the department of natural 91.19 resources shall be offered for public sale by the commissioner 91.20 of administration as provided in this paragraph. After 91.21 complying with subdivision 1 and before any public sale of 91.22 surplus state-owned land is made, the commissioner of 91.23 administration shall publish a notice thereof at least once in 91.24 each week for four successive weeks in a legal newspaper and 91.25 also in a newspaper of general distribution in the city or 91.26 county in which the real property to be sold is situated, which 91.27 notice shall specify the time and place at which the sale will 91.28 commence, a general description of the lots or tracts to be 91.29 offered, and a general statement of the terms of sale. Each 91.30 tract or lot shall be sold separately and shall be sold for not 91.31 less than the appraised value thereof. Parcels remaining unsold 91.32 after the offering may be sold to anyone agreeing to pay the 91.33 appraised value thereof. The sale shall continue until all 91.34 parcels are sold or until the commissioner orders a reappraisal 91.35 or withdraws the remaining parcels from sale. 91.36 (b) Lands certified as surplus by the commissioner of 92.1 natural resources shall be offered for public sale by the 92.2 commissioner of natural resources in the manner provided in 92.3 paragraph (a) for sales by the commissioner of administration. 92.4 (c) Except as provided in section 94.11, the cost of any 92.5 survey or appraisal as provided in subdivision 1 shall be added 92.6 to and made a part of the appraised value of the lands to be 92.7 sold, whether to any political subdivision of the state or to a 92.8 private purchaser as provided in this subdivision. 92.9 Sec. 77. [94.55] [TRANSFER OF STATE-OWNED IMPROVEMENTS.] 92.10 The commissioner may sell or transfer an improvement 92.11 located on state-owned lands, the compensation for which shall 92.12 be determined by the commissioner. The sale or transfer shall 92.13 be accomplished by a bill of sale, describing the improvement 92.14 transferred and the terms and conditions of the sale or transfer. 92.15 Proceeds resulting from the sale or transfer must be deposited 92.16 in the state treasury and credited to the land acquisition 92.17 account established in section 94.165. 92.18 Sec. 78. Minnesota Statutes 1996, section 97A.015, is 92.19 amended by adding a subdivision to read: 92.20 Subd. 27a. [LICENSE IDENTIFICATION NUMBER.] "License 92.21 identification number" means a verification number issued under 92.22 the authority of the commissioner in conjunction with the 92.23 electronic purchase of a license or stamp and valid until the 92.24 license is received by the purchaser. 92.25 Sec. 79. Minnesota Statutes 1996, section 97A.028, 92.26 subdivision 1, is amended to read: 92.27 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 92.28 subdivision apply to this section. 92.29 (b) "Agricultural crops" means annually seeded crops, 92.30 legumes, fruit orchards, tree farms and nurseries, turf farms, 92.31 and apiaries. 92.32 (c) "Parcel" has the meaning given in section 272.03, 92.33 subdivision 6. 92.34 (d) "Specialty crops" means fruit orchards, vegetables, 92.35 tree farms and nurseries, turf farms, and apiaries. 92.36 (e) "Stored forage crops" means hay, silage, grain, or 93.1 other crops that have been harvested and placed in storage for 93.2 commercial livestock feeding. 93.3 Sec. 80. Minnesota Statutes 1996, section 97A.028, 93.4 subdivision 3, is amended to read: 93.5 Subd. 3. [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) 93.6 For the purposes of this subdivision, "cooperative damage 93.7 management agreement" means an agreement between a landowner or 93.8 tenant and the commissioner that establishes a program for 93.9 addressing the problem of destruction of the landowner's or 93.10 tenant's specialty crops or stored forage crops by wild animals, 93.11 or destruction of agricultural crops by flightless Canada geese. 93.12 (b) A landowner or tenant may apply to the commissioner for 93.13 emergency deterrent materials assistance in controlling 93.14 destruction of the landowner's or tenant's specialty crops or 93.15 stored forage crops by wild animals, or destruction of 93.16 agricultural crops by flightless Canada geese. Subject to the 93.17 availability of money appropriated for this purpose, the 93.18 commissioner shall provide suitable deterrent materials when the 93.19 commissioner determines that: 93.20 (1) immediate action is necessary to prevent significant 93.21 damage from continuing; and 93.22 (2) a cooperative damage management agreement cannot be 93.23 implemented immediately. 93.24 (c) A person may receive emergency deterrent materials 93.25 assistance under this subdivision more than once, but the 93.26 cumulative total value of deterrent materials provided to a 93.27 person, or for use on a parcel, may not exceed $3,000 for 93.28 specialty crops, or $750 for stored forage crops, or $500 for 93.29 agricultural crops damaged by flightless Canada geese. If a 93.30 person is a coowner or cotenant with respect to the specialty 93.31 crops for which the deterrent materials are provided, the 93.32 deterrent materials are deemed to be "provided" to the person 93.33 for the purposes of this paragraph. 93.34 (d) As a condition of receiving emergency deterrent 93.35 materials assistance under this subdivision, a landowner or 93.36 tenant shall enter into a cooperative damage management 94.1 agreement with the commissioner. Deterrent materials provided 94.2 by the commissioner may include repellents, fencing materials, 94.3 or other materials recommended in the agreement to alleviate the 94.4 damage problem. If requested by a landowner or tenant, any 94.5 fencing materials provided must be capable of providing 94.6 long-term protection of specialty crops. A landowner or tenant 94.7 who receives emergency deterrent materials assistance under this 94.8 subdivision shall comply with the terms of the cooperative 94.9 damage management agreement. 94.10 Sec. 81. Minnesota Statutes 1996, section 97A.075, 94.11 subdivision 1, is amended to read: 94.12 Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes 94.13 of this subdivision, "deer license" means a license issued under 94.14 section 97A.475, subdivisions 2, clauses (4)and, (5), and (9), 94.15 and 3, clauses (2)and, (3), and (7), and licenses issued under 94.16 section 97B.301, subdivision 4. 94.17 (b) At least $2 from each deer license shall be used for 94.18 deer habitat improvement or deer management programs. 94.19 (c) At least $1 from eachresidentdeer license and each 94.20residentbear license shall be used for deer and bear management 94.21 programs, including a computerized licensing system. Fifty 94.22 cents from eachresidentdeer license is appropriated for 94.23 emergency deer feeding. Money appropriated for emergency deer 94.24 feeding is available until expended. When the unencumbered 94.25 balance in the appropriation for emergency deer feeding at the 94.26 end of a fiscal year exceeds $750,000, $750,000 is canceled to 94.27 the unappropriated balance of the game and fish fund and the 94.28 amount appropriated for emergency deer feeding is reduced to 25 94.29 cents from eachresidentdeer license. 94.30 Sec. 82. Minnesota Statutes 1996, section 97A.405, 94.31 subdivision 2, is amended to read: 94.32 Subd. 2. [PERSONAL POSSESSION.] (a) A personto whom a94.33license is issued must have the license in personal possession94.34whileacting underthea licenseand whileor traveling from 94.35thean area wherethea licensed activityiswas performed 94.36 must have in personal possession either: (1) the proper 95.1 license, if the license has been issued to and received by the 95.2 person; or (2) the proper license identification number, if the 95.3 license has been sold to the person by electronic means but the 95.4 actual license has not been issued and received. 95.5 (b) If possession of a license or a license identification 95.6 number is required, a person must exhibitthe proper license95.7when, as requested by a conservation officer or peace officer., 95.8 either: (1) the proper license if the license has been issued 95.9 to and received by the person; or (2) the proper license 95.10 identification number and a valid state driver's license, state 95.11 identification card, or other form of identification provided by 95.12 a unit of government acceptable to the commissioner, if the 95.13 license has been sold to the person by electronic means but the 95.14 actual license has not been issued and received. 95.15 (c) If the actual license has been issued and received, a 95.16 receipt for license fees, a copy of a license, or evidence 95.17 showing the issuance of a license, including the license 95.18 identification number, does not entitle a licensee to exercise 95.19 the rights or privileges conferred by a license. 95.20 Sec. 83. Minnesota Statutes 1996, section 97A.415, 95.21 subdivision 2, is amended to read: 95.22 Subd. 2. [TRANSFER PROHIBITED.] A person may not lend, 95.23 transfer, borrow, or solicit a license or permit, license 95.24 identification number, application for a license or permit, 95.25 coupon, tag, or seal, or use a license, permit, license 95.26 identification number, coupon, tag, or seal not issued to the 95.27 person unless otherwise expressly authorized. 95.28 Sec. 84. Minnesota Statutes 1996, section 97A.475, is 95.29 amended to read: 95.30 97A.475 [LICENSE FEES.] 95.31 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A license 95.32 shall be issued when the requirements of the law are met and the 95.33 license fee specified in this section is paid. 95.34 Subd. 2. [RESIDENT HUNTING.] Fees for the following 95.35 licenses, to be issued to residents only, are: 95.36 (1) for persons under age 65 to take small game, $10; 96.1 (2) for persons age 65 or over, $5; 96.2 (3) to take turkey, $16; 96.3 (4) to take deer with firearms, $22; 96.4 (5) to take deer by archery, $22; 96.5 (6) to take moose, for a party of not more than six 96.6 persons, $275; 96.7 (7) to take bear, $33; 96.8 (8) to take elk, for a party of not more than two persons, 96.9 $220; and 96.10 (9) to take antlered deer in more than one zone, $44. 96.11 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following 96.12 licenses, to be issued to nonresidents, are: 96.13 (1) to take small game, $56; 96.14 (2) to take deer with firearms, $110; 96.15 (3) to take deer by archery, $110; 96.16 (4) to take bear, $165; 96.17 (5) to take turkey, $56; 96.18 (6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50; 96.19 and 96.20 (7) to take antlered deer in more than one zone, $220. 96.21 Subd. 4. [SMALL GAME SURCHARGE.] Fees for licenses to take 96.22 small game must be increased by a surcharge of $4. An 96.23 additional commission may not be assessed on the surcharge and 96.24 this must be stated on the back of the license with the 96.25 following statement: "This $4 surcharge is being paid by 96.26 hunters for the acquisition and development of wildlife lands." 96.27 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps 96.28 are: 96.29 (1) migratory waterfowl stamp, $5; 96.30 (2) pheasant stamp, $5; and 96.31 (3) turkey stamp, $5. 96.32 Subd. 6. [RESIDENT FISHING.] Fees for the following 96.33 licenses, to be issued to residents only, are: 96.34 (1) to take fish by angling, for persons under age 96.35 65,$13$16; 96.36 (2) to take fish by angling, for persons age 65 and over, 97.1$4.50$6; 97.2 (3) to take fish by angling, for a combined license for a 97.3 married couple,$17.50$24; 97.4 (4) to take fish by spearing from a dark house,$13$16; 97.5 and 97.6 (5) to take fish by angling for a 24-hour period selected 97.7 by the licensee,$7.50$8.50. 97.8 Subd. 7. [NONRESIDENT FISHING.] Fees for the following 97.9 licenses, to be issued to nonresidents, are: 97.10 (1) to take fish by angling,$27.50$35; 97.11 (2) to take fish by angling limited to seven consecutive 97.12 days selected by the licensee,$19$24; 97.13 (3) to take fish by angling for a 72-hour period selected 97.14 by the licensee,$16$20; 97.15 (4) to take fish by angling for a combined license for a 97.16 family,$37.50$50; 97.17 (5) to take fish by angling for a 24-hour period selected 97.18 by the licensee,$7.50$8.50; and 97.19 (6) to take fish by angling for a combined license for a 97.20 married couple, limited to 14 consecutive days selected by one 97.21 of the licensees,$27.50$35. 97.22 Subd. 8. [MINNESOTA SPORTING.] The commissioner shall 97.23 issue Minnesota sporting licenses to residents only. The 97.24 licensee may take fish by angling and small game. The fee for 97.25 the license is: 97.26 (1) for an individual,$17.50$22.50; and 97.27 (2) for a combined license for a married couple to take 97.28 fish and for one spouse to take small game,$24$31.50. 97.29 Subd. 10. [TROUT AND SALMON STAMP.] The fee for a trout 97.30 and salmon stamp is$5$8.50. 97.31 Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 97.32 for the following licenses are: 97.33 (1) for a fish house or dark house that is not 97.34 rented,$9$11.50; and 97.35 (2) for a fish house or dark house that is 97.36 rented,$20$25.50. 98.1 Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house 98.2 licenses for a nonresident are: 98.3 (1) annual,$27.50$31.50; and 98.4 (2) seven consecutive days,$16.50$18. 98.5 Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL 98.6 CONSUMPTION.] The fee for a license to net whitefish and ciscoes 98.7 in inland lakes and international waters for personal 98.8 consumption is, for each net,$8$10. 98.9Subd. 14. [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.]98.10The fee for a license to take rough fish for domestic use with a98.11set line in the Minnesota and Mississippi rivers is $14.50.98.12 Subd. 15. [LAKE SUPERIOR FISHING GUIDES.] The fee for a 98.13 license to operate a charter boat and guide anglers on Lake 98.14 Superior is: 98.15 (1) for a resident,$27.50$125; 98.16 (2) for a nonresident,$110$225; or 98.17 (3) if another state charges a Minnesota resident a fee 98.18 greater than$100$225 for a Lake Superior fishing guide license 98.19 in that state, the nonresident fee for a resident of that state 98.20 is that greater fee. 98.21 Subd. 16. [RESIDENT HUNTING GUIDES.] The fees for the 98.22 following resident guide licenses are: 98.23 (1) to guide bear hunters, $82.50; and 98.24 (2) to guide turkey hunters, $22. 98.25 Subd. 18. [SHOOTING PRESERVES.] The fee for a shooting 98.26 preserve license is: 98.27 (1) for a private shooting preserve, $100; and 98.28 (2) for a commercial shooting preserve, $500. 98.29 Subd. 19. [TAXIDERMISTS.] The fee for a taxidermist 98.30 license, to be issued for a three-year period to residents only, 98.31 is: 98.32 (1) for persons age 18 and older, $44; and 98.33 (2) for persons under age 18, $27.50. 98.34 Subd. 20. [TRAPPING LICENSE.] The fee for a license to 98.35 trap fur-bearing animals is: 98.36 (1) for persons over age 13 and under age 18, $5.50; and 99.1 (2) for persons age 18 and older, $18. 99.2 Subd. 21. [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee 99.3 for a license for a resident to buy and sell raw furs is $110. 99.4 (b) The fee for a supplemental license to buy and sell furs 99.5 is $55. 99.6 Subd. 22. [FUR BUYING AND SELLING; NONRESIDENTS.] The fee 99.7 for a license for a nonresident to buy and sell raw furs is $500. 99.8 Subd. 23. [RAW FUR TANNING.] The fee for a license to tan 99.9 and dress raw furs to be issued to residents and nonresidents is 99.10 $16.50. 99.11 Subd. 24. [GAME AND FUR FARMS.] The fee for a game and fur 99.12 farm license is $16.50. 99.13 Subd. 25. [MUSKRAT FARMS.] The fee for a muskrat farm 99.14 license is $11. 99.15 Subd. 26. [MINNOW DEALERS.] The fees for the following 99.16 licenses are: 99.17 (1) minnow dealer,$77$200; 99.18 (2)minnow dealer's helper, $5.50;99.19(3)minnow dealer's vehicle,$11$30; 99.20(4)(3) exporting minnow dealer,$275$500; and 99.21(5)(4) exporting minnow dealer's vehicle,$11$30. 99.22 Subd. 27. [MINNOW RETAILERS.] The fees for the following 99.23 licenses, to be issued to residents and nonresidents, are: 99.24 (1) minnow retailer,$11$30; and 99.25 (2) minnow retailer's vehicle,$11$30. 99.26 Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the 99.27 following licenses, to be issued to nonresidents, are: 99.28 (1) exporting minnow hauler,$525$750; and 99.29 (2) exporting minnow hauler's vehicle,$11$30. 99.30 Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the 99.31 following licenses to be issued to residents and nonresidents 99.32 are: 99.33 (1) for a private fish hatchery, with annual sales under 99.34 $200,$27.50$50; 99.35 (2) for a private fish hatchery, with annual sales of $200 99.36 or more,$55$100; and 100.1 (3) to take sucker eggs from public waters for a private 100.2 fish hatchery, $165, plus$3$5 for each quart in excess of 100.310050 quarts. 100.4 Subd. 30. [COMMERCIAL NETTING OF FISHIN INLAND WATERS.] 100.5 Thefee for a licensefees to net commercial fishin inland100.6waters, to be issued to residents and nonresidents, is $70100.7plusare: 100.8 (1) commercial license fees: 100.9(1)(i) foreach hoop net pocket, $1residents and 100.10 nonresidents in inland waters, $150; 100.11(2)(ii) foreach 1,000 feet of seine, $16.50residents in 100.12 Lake Superior, $50;and100.13(3)(iii) foreach apprentice license, $25.residents in 100.14 Lake of the Woods, Rainy, Namakan, and Sand Point Lakes, $50; 100.15 (iv) for residents in the Mississippi river from St. 100.16 Anthony Falls to the St. Croix river junction, $50; 100.17 (v) for residents in Wisconsin boundary waters from Lake St. 100.18 Croix to the Iowa border, $50; and 100.19 (vi) for each resident apprentice license, $25; and 100.20 (2) commercial net fees: 100.21 (i) for each commercial gill net in Lake Superior, 100.22 Wisconsin border waters, Lake of the Woods, Namakan, Sand Point, 100.23 and Rainy lakes, $5 per 100 feet of net; 100.24 (ii) for each commercial seine in inland, inland 100.25 Mississippi river, and Wisconsin border waters, $10 per 100 100.26 feet; 100.27 (iii) for each commercial hoop net in inland waters, $1.25; 100.28 (iv) for each submerged, fyke, trap, and hoop nets in Lake 100.29 Superior, St. Louis Estuary, Lake of the Woods, Rainy Lake, 100.30 Namakan, Sand Point, and each pound net in Lake Superior, $20; 100.31 (v) for each stake and pound nets in Lake of the Woods, 100.32 $60; 100.33 (vi) for each commercial set lines in the Wisconsin border 100.34 waters, $25; and 100.35 (vii) for each trawl used in Lake Superior, $100. 100.36Subd. 31. [COMMERCIAL NETTING OF FISH IN LAKE OF THE101.1WOODS.] The fee for a license to commercially net fish in Lake101.2of the Woods is:101.3(1) for each pound net or staked trap net, $49.50;101.4(2) for each fyke net, $11, plus $5 for each two-foot101.5segment, or fraction, of the wings or lead in excess of four101.6feet in height;101.7(3) for each 100 feet of gill net, $2.75;101.8(4) for each submerged trap net, $16.50; and101.9(5) for each apprentice license, $25.101.10Subd. 32. [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The101.11fee for a license to commercially net fish in Rainy Lake is:101.12(1) for each pound net, $49.50;101.13(2) for each 100 feet of gill net, $2.75; and101.14(3) for each apprentice license, $25.101.15Subd. 33. [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND101.16POINT LAKES.] The fee for a license to commercially net fish in101.17Namakan Lake and Sand Point Lake is:101.18(1) for each 100 feet of gill net, $1.75;101.19(2) for each pound, fyke, and submerged trap net, $16.50;101.20and101.21(3) for each apprentice license, $25.101.22Subd. 34. [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN101.23THE MISSISSIPPI RIVER.] (a) The fee for a license to101.24commercially seine rough fish in the Mississippi river from St.101.25Anthony Falls to the St. Croix river junction is:101.26(1) for a seine not exceeding 500 feet, $27.50; or101.27(2) for a seine over 500 feet, $44, plus $2 for each 100101.28foot segment or fraction over 1,000 feet.101.29(b) The fee for each apprentice license issued under101.30paragraph (a) is $25.101.31Subd. 35. [COMMERCIAL SEINING OF FISH IN WISCONSIN101.32BOUNDARY WATERS.] The fee for a license to commercially seine101.33fish in the boundary waters between Wisconsin and Minnesota from101.34Taylors Falls to the Iowa border is:101.35(1) for a seine not exceeding 500 feet, $27.50; or101.36(2) for a seine over 500 feet, $44, plus $2.50 for each 100102.1feet over 1,000 feet; and102.2(3) for each apprentice license to be issued to residents,102.3$25.102.4Subd. 36. [COMMERCIAL NETTING IN WISCONSIN BOUNDARY102.5WATERS.] The fee for a license to commercially net in the102.6boundary waters between Wisconsin and Minnesota from Lake St.102.7Croix to the Iowa border is:102.8(1) for each gill net not exceeding 500 feet, $14.50;102.9(2) for each gill net over 500 feet, $27.50;102.10(3) for each fyke net and hoop net, $11;102.11(4) for each bait net, $1.75;102.12(5) for each turtle net, $1.75;102.13(6) for each set line identification tag, $14.50; and102.14(7) for each apprentice license to be issued to residents,102.15$25.102.16Subd. 37. [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.]102.17The fee for a license to commercially net fish in Lake Superior102.18is:102.19(1) for each gill net, $77 plus $2 for each 1,000 feet over102.201,000 feet;102.21(2) for a pound or trap net, $77 plus $2 for each102.22additional pound or trap net; and102.23(3) for each apprentice license, $25.102.24 Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish 102.25 from commercial fishing licensees to be issued residents and 102.26 nonresidents are: 102.27 (1) for Lake Superior fish bought for sale to retailers, 102.28$55$100; 102.29 (2) for Lake Superior fish bought for sale to consumers, 102.30$11$20; 102.31 (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 102.32 Lake fish bought for sale to retailers,$110$200; and 102.33 (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 102.34 Lake fish bought for shipment only on international boundary 102.35 waters,$11$30. 102.36 Subd. 39. [FISH PACKER.] The fee for a license to prepare 103.1 dressed game fish for transportation or shipment is$14.50$25. 103.2 Subd. 40. [FISH VENDORS.] The fee for a license to use a 103.3 motor vehicle to sell fish is$27.50$50. 103.4 Subd. 41. [TURTLE SELLERS.] The fee for a license to take, 103.5 transport, purchase, and possess turtles for sale is$55$150. 103.6 Subd. 42. [FROG DEALERS.] The fee for the licenses to deal 103.7 in frogs that are to be used for purposes other than bait are: 103.8 (1) for a resident to purchase, possess, and transport 103.9 frogs,$77$125; 103.10 (2) for a nonresident to purchase, possess, and transport 103.11 frogs,$220$250; and 103.12 (3) for a resident to take, possess, transport, and sell 103.13 frogs,$11$20. 103.14 Subd. 43. [DUPLICATE LICENSES.] The fees for duplicate 103.15 licenses are: 103.16 (1) for licenses to take big game, $5; and 103.17 (2) for other licenses, $2. 103.18 Sec. 85. Minnesota Statutes 1996, section 97B.667, is 103.19 amended to read: 103.20 97B.667 [REMOVAL OF BEAVER DAMS AND LODGES BY ROAD 103.21 AUTHORITIES.] 103.22 When a drainage watercourse is impaired by a beaver dam and 103.23 the water damages or threatens to damage a public road, the road 103.24 authority, as defined in section 160.02, subdivision 9, may 103.25 remove the impairment and any associated beaver lodge within 300 103.26 feet of the road, if the commissioner approves. 103.27 Sec. 86. Minnesota Statutes 1996, section 97B.715, 103.28 subdivision 1, is amended to read: 103.29 Subdivision 1. [STAMP REQUIRED.] (a) Except as provided in 103.30 paragraph (b) or section 97A.405, subdivision 2, a person 103.31 required to possess a small game license may not hunt pheasants 103.32 without: 103.33 (1) a pheasant stamp in possession; or 103.34 (2) a pheasant validation on the small game license. 103.35 (b) The following persons are exempt from this subdivision: 103.36 (1) residents under age 18 or over age 65; and 104.1 (2) persons hunting on licensedprivatecommercial shooting 104.2 preserves. 104.3 Sec. 87. Minnesota Statutes 1996, section 97B.721, is 104.4 amended to read: 104.5 97B.721 [LICENSE AND STAMP REQUIRED TO TAKE TURKEY; TAGGING 104.6 AND REGISTRATION REQUIREMENTS.] 104.7 (a) Except as provided in paragraph (b) or section 97A.405, 104.8 subdivision 2, a person may not take a turkey without a turkey 104.9 license and: 104.10 (1) a turkey stamp in possession; or 104.11 (2) a turkey validation on the turkey license. 104.12 (b) The requirement in paragraph (a) to possess a turkey 104.13 stamp or a license validation does not apply to persons under 104.14 age 18. 104.15 (c) The commissioner may by rule prescribe requirements for 104.16 the tagging and registration of turkeys. 104.17 Sec. 88. Minnesota Statutes 1996, section 97B.801, is 104.18 amended to read: 104.19 97B.801 [MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.] 104.20 (a) Except as provided in this section or section 97A.405, 104.21 subdivision 2, a person required to possess a small game license 104.22 may not take migratory waterfowl without: 104.23 (1) a Minnesota migratory waterfowl stamp in possession; or 104.24 (2) a migratory waterfowl validation on the small game 104.25 license. 104.26 (b) Residents under age 18 or over age 65 and persons 104.27 hunting on their own property are not required to possessthea 104.28 stamp or a license validation under this section. 104.29 Sec. 89. Minnesota Statutes 1996, section 97C.305, 104.30 subdivision 1, is amended to read: 104.31 Subdivision 1. [REQUIREMENT.] Except as provided in 104.32 subdivision 2 or section 97A.405, subdivision 2, a person over 104.33 age 16 and under age 65 required to possess an angling license 104.34 must have a trout and salmon stamp in possession or a trout 104.35 validation on the angling license to: 104.36 (1) take fish by angling in: 105.1 (i) a stream designated by the commissioner as a trout 105.2 stream; 105.3 (ii) a lake designated by the commissioner as a trout lake; 105.4 or 105.5 (iii) Lake Superior; or 105.6 (2) possess trout or salmon taken in the state by angling. 105.7 Sec. 90. Minnesota Statutes 1996, section 97C.501, 105.8 subdivision 2, is amended to read: 105.9 Subd. 2. [MINNOW DEALERS.] (a) A person may not be a 105.10 minnow dealer without a minnow dealer license except as provided 105.11 in subdivision 3. 105.12 (b)A minnow dealer must obtain a minnow dealer's helper105.13license for each person employed to take, buy, sell, or105.14transport minnows by the minnow dealer. The minnow dealer may105.15transfer a helper's license from a former helper to a new helper.105.16(c)A minnow dealer must obtain a minnow dealer's vehicle 105.17 license for each motor vehicle used to transport minnows. The 105.18 serial number, motor vehicle license number, make, and model 105.19 must be on the license. The license must be conspicuously 105.20 displayed in the vehicle. 105.21(d)(c) A minnow dealer may not transport minnows out of 105.22 the state without an exporting minnow dealer license. A minnow 105.23 dealer must obtain an exporting minnow dealer's vehicle license 105.24 for each motor vehicle used to transport minnows out of the 105.25 state. The serial number, motor vehicle license number, make, 105.26 and model must be on the license. The license must be 105.27 conspicuously displayed in the vehicle. 105.28 Sec. 91. Minnesota Statutes 1996, section 97C.801, is 105.29 amended to read: 105.30 97C.801 [TAKING ROUGH FISH ON MISSISSIPPIAND MINNESOTA105.31RIVERSRIVER.] 105.32Subdivision 1. [ROUGH FISH ON MINNESOTA AND MISSISSIPPI105.33RIVERS.] (a) A license is required to take rough fish by set105.34line in the Minnesota river from Mankato to its junction with105.35the Mississippi river, and in the Mississippi river from St.105.36Anthony Falls to the St. Croix junction.106.1(b) A person may use only one set line to take rough fish106.2in the Minnesota river from Mankato to its junction with the106.3Mississippi river, and in the Mississippi river from St. Anthony106.4Falls to the St. Croix river junction, and the set line must:106.5(1) have not more than ten hooks;106.6(2) be set only in the flowing waters of the river;106.7(3) staked only at one end; and106.8(4) remain at the location designated in the application106.9for license unless approval of the commissioner has been given106.10to change the location.106.11(c) Notwithstanding section 97C.391, subdivision 1, rough106.12fish taken under this subdivision may not be bought or sold.106.13 Subd. 2. [COMMERCIAL FISH NETTINGAND SET LINESON 106.14 MISSISSIPPI RIVER.] (a) A license is required to commercially 106.15 take rough fish with seinesand set linesin the Mississippi 106.16 river from the St. Croix river junction to St. Anthony Falls. 106.17 (b) A person may take rough fish in the Mississippi river, 106.18 from the St. Croix river junction to St. Anthony Falls, only 106.19 with the following equipment and methods: 106.20 (1) operations shall be conducted only in the flowing 106.21 waters of the river and in tributary backwaters prescribed by 106.22 the commissioner; 106.23 (2)only one set line may be used that has an106.24identification tag and not more than 100 hooks;106.25(3)seines may be used only as prescribed by the 106.26 commissioner; 106.27(4)(3) seines must be hauled to a landing immediately 106.28 after being placed; 106.29(5)(4) two seines may not be joined together in the water; 106.30(6)(5) a net may not be raised, laid out, or landed, 106.31 between sunset and sunrise; and 106.32(7)(6) the location of anet orseine may not be changed 106.33 from the place specified in the license application without 106.34 notifying the commissioner of the proposed change. 106.35 Sec. 92. Minnesota Statutes 1996, section 97C.835, is 106.36 amended by adding a subdivision to read: 107.1 Subd. 9. [TRAWLS IN LAKE SUPERIOR.] (a) This subdivision 107.2 applies to the use of trawls in Lake Superior. 107.3 (b) Up to five trawls may be licensed to take fish species 107.4 listed in subdivision 2. Trawls must not exceed a size 107.5 determined by a headrope of 115 feet, the mesh of the webbing in 107.6 the cod shall be no smaller than 3/4 inch stretch measure, and 107.7 forward body wing mesh size shall be no smaller than two inches 107.8 stretch measure. 107.9 (c) All live game fish species must be returned to the 107.10 water. Dead lake trout may be possessed if they are tagged with 107.11 tags issued from the Lake Superior area fisheries office. All 107.12 untagged dead lake trout and all other dead game fish species 107.13 must be returned to the water. 107.14 (d) All fish taken, whether retained by the licensee or 107.15 returned to the lake, must be reported to the Lake Superior area 107.16 fisheries office before the tenth day of the following month. 107.17 The commissioner must provide the licensee with the necessary 107.18 reporting forms. 107.19 (e) During the closed season for herring, all trawling must 107.20 be targeted for the harvest of rainbow smelt and restricted to a 107.21 water depth of 20 fathoms or greater. 107.22 (f) The commissioner of natural resources may require a 107.23 licensee to notify the Lake Superior area fisheries office of 107.24 trawling activities. 107.25 (g) The commissioner of natural resources may suspend 107.26 trawling operations to protect aquatic resources and prevent 107.27 conflicts with other lawful activities. 107.28 Sec. 93. Minnesota Statutes 1996, section 103F.378, 107.29 subdivision 1, is amended to read: 107.30 Subdivision 1. [DUTIES.] The Minnesota river basin joint 107.31 powers board, established under section 471.59 for the purpose 107.32 of coordinating efforts to improve water quality in the 107.33 Minnesota river and achieving the goal of making the Minnesota 107.34 river suitable for fishing and swimming by the year 2005, has 107.35 the following duties: 107.36 (1) coordination of comprehensive cleanup goals for the 108.1 Minnesota river by coordinating the work plans of the 12 major 108.2 watersheds and the member counties of the joint powers board, 108.3 state agencies, and the University of Minnesota in cleanup 108.4 efforts and submission of periodic river cleanup plans for 108.5 submission to the governor and the legislature; 108.6 (2) advising on the development and use of monitoring and 108.7 evaluation systems in the Minnesota river and the incorporation 108.8 of the data obtained from these systems into the planning 108.9 process; 108.10 (3) conducting public meetings of the board on at least a 108.11 quarterly basis at locations within the Minnesota river basin; 108.12 (4) conducting an ongoing information and education program 108.13 concerning the status of the Minnesota river, including an 108.14 annual conference on the state of the Minnesota river;and108.15 (5) providing periodic reports and budget requests to the 108.16 governor's office and the chairs of the agriculture and 108.17 environment and natural resources committees of the senate and 108.18 the house of representatives regarding progress on meeting river 108.19 water quality management goals and future funding required for 108.20 this effort.; 108.21 (6) advising on the development of projects within the 12 108.22 major watersheds that are scientifically sound, have landowner 108.23 support, and reduce inputs of pollutants into the Minnesota 108.24 river basin; and 108.25 (7) administering the distribution of project 108.26 implementation funds for the 12 major watersheds by approving 108.27 projects, identifying matching components for each project, and 108.28 tracking the results achieved for each project. 108.29 Sec. 94. [115.58] [ALTERNATIVE DISCHARGING SEWAGE SYSTEMS; 108.30 GENERAL PERMITS.] 108.31 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 108.32 subdivision apply to this section. 108.33 (b) "Alternative discharging sewage system" means a sewage 108.34 treatment system serving one or more dwellings and other 108.35 establishments that discharges less than 10,000 gallons of water 108.36 per day and uses any treatment and disposal methods other than 109.1 subsurface soil treatment and disposal. 109.2 (c) "Permit" means a National Pollutant Discharge 109.3 Elimination System permit or state disposal system permit issued 109.4 to a person for the installation, ownership, management, or 109.5 control of alternative discharging sewage systems whose 109.6 operations, emissions, activities, discharges, or facilities are 109.7 the same or substantially similar. 109.8 (d) "Water quality cooperative" means an incorporated 109.9 association of persons organized under chapter 308A to install, 109.10 own, manage, and control individual sewage treatment systems or 109.11 alternative discharging sewage systems and provide water quality 109.12 treatment and management for its members. 109.13 (e) "Water quality treatment and management services" means 109.14 the monitoring and control of alternative discharging sewage 109.15 systems to eliminate or reduce water pollution from point and 109.16 nonpoint sources, the management, use, reuse, recycling, or 109.17 reclamation of land, water, or wastewater for water supply, 109.18 geothermal heating and cooling, fire protection, irrigation, 109.19 drainage, open space or green belt preservation, storm water 109.20 control, flood control, or other purposes that are part of a 109.21 comprehensive plan to reduce, prevent, or eliminate water 109.22 pollution. 109.23 Subd. 2. [AREAWIDE PERMIT.] The agency may issue an 109.24 areawide permit for alternative discharging sewage systems, 109.25 where the systems: 109.26 (1) meet all applicable federal and state standards for 109.27 treatment and discharge of sewage effluents; 109.28 (2) are part of a water quality treatment and management 109.29 plan to prevent, eliminate, or reduce water pollution within a 109.30 defined geographic area; and 109.31 (3) are owned or controlled by a water quality cooperative. 109.32 Subd. 3. [EXEMPTION FROM INDIVIDUAL SEWAGE TREATMENT 109.33 SYSTEM REQUIREMENTS.] A system permitted under subdivision 2 is 109.34 exempt from the requirements of a local ordinance adopted to 109.35 conform with section 115.55, if the system complies with the 109.36 applicable standards for discharges and treatment of sewage 110.1 effluents. 110.2 Sec. 95. Minnesota Statutes 1996, section 115A.932, 110.3 subdivision 1, is amended to read: 110.4 Subdivision 1. [PROHIBITIONS.] (a) A person may not place 110.5 mercury or a thermostat, thermometer, electric switch, 110.6 appliance, gauge, or medical or scientific instrument from which 110.7 the mercury has not been removed for reuse or recycling: 110.8 (1) in solid waste; or 110.9 (2) in a wastewater disposal system. 110.10 (b) A person may not knowingly place mercury or a 110.11 thermostat, thermometer, electric switch, appliance, gauge, or 110.12 medical or scientific instrument from which the mercury has not 110.13 been removed for reuse or recycling: 110.14 (1) in a solid waste processing facility; or 110.15 (2) in a solid waste disposal facility, as defined in 110.16 section 115.01, subdivision 4. 110.17 (c) A person may not knowingly place a fluorescent or high 110.18 intensity discharge lamp: 110.19 (1) in solid waste; or 110.20 (2) in a solid waste facility, except a household hazardous 110.21 waste collection or recycling facility. 110.22 This paragraph does not apply to waste lamps generated by 110.23 households until August 1, 1994. 110.24 Sec. 96. Minnesota Statutes 1996, section 115B.02, is 110.25 amended by adding a subdivision to read: 110.26 Subd. 9a. [INSTITUTIONAL CONTROLS.] "Institutional 110.27 controls" means legally enforceable restrictions, conditions, or 110.28 controls on the use of real property, groundwater, or surface 110.29 water located at or adjacent to a facility where response 110.30 actions are taken that are reasonably required to assure that 110.31 the response actions are protective of public health or welfare 110.32 or the environment. Institutional controls include 110.33 restrictions, conditions, or controls enforceable by contract, 110.34 easement, restrictive covenant, statute, ordinance, or rule, 110.35 including official controls such as zoning, building codes, and 110.36 official maps. An affidavit required under section 115B.16, 111.1 subdivision 2, or similar notice of a release recorded with real 111.2 property records is also an institutional control. 111.3 Sec. 97. Minnesota Statutes 1996, section 115B.02, 111.4 subdivision 16, is amended to read: 111.5 Subd. 16. [REMEDY OR REMEDIAL ACTION.] "Remedy" or 111.6 "remedial action" means those actions consistent with permanent 111.7 remedy taken instead of or in addition to removal actions in the 111.8 event of a release or threatened release of a hazardous 111.9 substance, or a pollutant or contaminant, into the environment, 111.10 to prevent, minimize or eliminate the release in order to 111.11 protect the public health or welfare or the environment. 111.12 Remedy or remedial action includes, but is not limited to: 111.13 (a) Actions at the location of the release such as storage, 111.14 confinement, perimeter protection using dikes, trenches, or 111.15 ditches, clay cover, neutralization, cleanup of released 111.16 hazardous substances, pollutants or contaminants, or 111.17 contaminated materials, recycling or reuse, diversion, 111.18 destruction, segregation of reactive wastes, dredging or 111.19 excavations, repair or replacement of leaking containers, 111.20 collection of leachate and runoff, on-site treatment or 111.21 incineration, provision of alternative water supplies,andany 111.22 monitoring and maintenance, and institutional controls, 111.23 reasonably required to assure that these actions protect the 111.24 public health and welfare and the environment; and 111.25 (b) The costs of permanent relocation of residents and 111.26 businesses and community facilities when the agency determines 111.27 that, alone or in combination with other measures, relocation is 111.28 more cost-effective than and environmentally preferable to the 111.29 transportation, storage, treatment, destruction, or secure 111.30 disposition off-site of hazardous substances, or pollutants or 111.31 contaminants, or may otherwise be necessary to protect the 111.32 public health or welfare. 111.33 Remedy or remedial action does not include offsite 111.34 transport of hazardous substances, pollutants or contaminants, 111.35 or contaminated materials or their storage, treatment, 111.36 destruction, or secure disposition offsite unless the agency 112.1 determines that these actions: 112.2 (1) Are more cost-effective than other remedial actions; 112.3 (2) Will create new capacity to manage hazardous substances 112.4 in addition to those located at the affected facility, in 112.5 compliance with section 116.07 and subtitle C of the Solid Waste 112.6 Disposal Act, United States Code, title 42, section 6921 et 112.7 seq.; or 112.8 (3) Are necessary to protect the public health or welfare 112.9 or the environment from a present or potential risk which may be 112.10 created by further exposure to the continued presence of the 112.11 hazardous substances, pollutants or contaminants, or 112.12 contaminated materials. 112.13 Sec. 98. Minnesota Statutes 1996, section 115B.17, 112.14 subdivision 14, is amended to read: 112.15 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND 112.16 OVERSIGHT.] (a) The commissioner may, upon request, assist a 112.17 person in determining whether real property has been the site of 112.18 a release or threatened release of a hazardous substance, 112.19 pollutant, or contaminant. The commissioner may also assist in, 112.20 or supervise, the development and implementation of reasonable 112.21 and necessary response actions. Assistance may include review 112.22 of agency records and files, and review and approval of a 112.23 requester's investigation plans and reports and response action 112.24 plans and implementation. 112.25 (b) Except as otherwise provided in this paragraph, the 112.26 person requesting assistance under this subdivision shall pay 112.27 the agency for the agency's cost, as determined by the 112.28 commissioner, of providing assistance. A state agency, 112.29 political subdivision, or other public entity is not required to 112.30 pay for the agency's cost to review agency records and files. 112.31 Money received by the agency for assistance under this section 112.32 must be deposited in the environmental response, compensation, 112.33 and compliance fund. 112.34 (c) When a person investigates a release or threatened 112.35 release in accordance with an investigation plan approved by the 112.36 commissioner under this subdivision, the investigation does not 113.1 associate that person with the release or threatened release for 113.2 the purpose of section 115B.03, subdivision 3, paragraph (d). 113.3 Sec. 99. Minnesota Statutes 1996, section 115B.17, 113.4 subdivision 15, is amended to read: 113.5 Subd. 15. [ACQUISITION OF PROPERTY.] The agency may 113.6 acquire, by purchase or donation, an interest in real property, 113.7 including easements, restrictive covenants, and leases, that the 113.8 agency determines is necessary for response action. The 113.9 validity and duration of a restrictive covenant or nonpossessory 113.10 easement acquired under this subdivision shall be determined in 113.11 the same manner as the validity and duration of a conservation 113.12 easement under chapter 84C, unless the duration is otherwise 113.13 provided in the agreement. The agency may acquire an easement 113.14 by condemnation only if the agency is unable, after reasonable 113.15 efforts, to acquire an interest in real property by purchase or 113.16 donation. The provisions of chapter 117 govern condemnation 113.17 proceedings by the agency under this subdivision. A donation of 113.18 an interest in real property to the agency is not effective 113.19 until the agency executes a certificate of acceptance. The 113.20 state is not liable under this chapter solely as a result of 113.21 acquiring an interest in real property under this subdivision. 113.22 Sec. 100. Minnesota Statutes 1996, section 115B.17, is 113.23 amended by adding a subdivision to read: 113.24 Subd. 17. [SETTLEMENTS; GENERAL AUTHORITY.] In addition to 113.25 the general authority vested in the agency to settle any claims 113.26 under sections 115B.01 to 115B.18, the agency may exercise the 113.27 settlement authorities provided in subdivisions 17 to 20. If 113.28 the agency does not obtain complete relief for all of its claims 113.29 under sections 115B.01 to 115B.18, pursuant to a settlement, the 113.30 agency may bring claims under those sections against any person 113.31 who is not a party to the settlement, but the settlement shall 113.32 reduce the liability of any person who is not a party to the 113.33 settlement by the amount of the settlement. 113.34 Sec. 101. Minnesota Statutes 1996, section 115B.17, is 113.35 amended by adding a subdivision to read: 113.36 Subd. 18. [CONTRIBUTION PROTECTION FOR 114.1 SETTLORS.] Notwithstanding anything to the contrary in section 114.2 115B.08 or any other law, a person who resolves its liability to 114.3 the agency under sections 115B.01 to 115B.18 in a settlement 114.4 shall not be liable for any claim for contribution regarding 114.5 matters addressed in the settlement. Except as otherwise 114.6 provided in the settlement, a party to a settlement retains any 114.7 right under section 115B.08 or any other law to bring a claim 114.8 for contribution against any person who is not a party to the 114.9 settlement. Any claim for contribution against a person who is 114.10 not a party to the settlement shall be subordinate to any claim 114.11 asserted against such person by the agency. 114.12 Sec. 102. Minnesota Statutes 1996, section 115B.17, is 114.13 amended by adding a subdivision to read: 114.14 Subd. 19. [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a) 114.15 When the agency determines that some but not all persons 114.16 responsible for a release are willing to implement response 114.17 actions, the agency may agree, pursuant to a settlement of its 114.18 claims under sections 115B.01 to 115B.18, to reimburse the 114.19 settling parties for response costs incurred to take the 114.20 actions. The agency may agree to reimburse any amount which 114.21 does not exceed the amount that the agency estimates may be 114.22 attributable to the liability of responsible persons who are not 114.23 parties to the settlement. Reimbursement may be provided only 114.24 for the cost of conducting remedial design and constructing 114.25 remedial action pursuant to the terms of the settlement. 114.26 Reimbursement under this subdivision shall be paid only upon the 114.27 agency's determination that the remedial action approved by the 114.28 agency has been completed in accordance with the terms of the 114.29 settlement. The agency may use money appropriated to it for 114.30 actions authorized under section 115B.20, subdivision 2, clause 114.31 (2), to pay reimbursement under this subdivision. 114.32 (b) The agency may agree to provide reimbursement under a 114.33 settlement only when all of the following requirements have been 114.34 met: 114.35 (1) the agency has made the determination under paragraph 114.36 (c) regarding persons who are not participating in the 115.1 settlement, and has provided written notice to persons 115.2 identified under paragraph (c), clauses (1) and (2), of their 115.3 opportunity to participate in the settlement or in a separate 115.4 settlement under subdivision 20; 115.5 (2) the release addressed in the settlement has been 115.6 assigned a priority pursuant to agency rules adopted under 115.7 subdivision 13, and the priority is at least as high as a 115.8 release for which the agency would be allowed to allocate funds 115.9 for remedial action under the rules; 115.10 (3) an investigation of the release addressed in the 115.11 settlement has been completed in accordance with a plan approved 115.12 by the agency; and 115.13 (4) the agency has approved the remedial action to be 115.14 implemented under the settlement. 115.15 (c) Before entering into a settlement providing for 115.16 reimbursement under this subdivision, the agency shall determine 115.17 that there are one or more persons who meet any of the following 115.18 criteria who are not participating in the settlement: 115.19 (1) persons identified by the agency as responsible for the 115.20 release addressed in the settlement but who are likely to have 115.21 only minimal involvement in actions leading to the release, or 115.22 are insolvent or financially unable to pay any significant share 115.23 of response action costs; 115.24 (2) persons identified by the agency as responsible for the 115.25 release other than persons described in clause (1) and who are 115.26 unwilling to participate in the settlement or to take response 115.27 actions with respect to the release; 115.28 (3) persons whom the agency has reason to believe are 115.29 responsible for the release addressed in the settlement but whom 115.30 the agency has been unable to identify; or 115.31 (4) persons identified to the agency by a party to the 115.32 proposed settlement as persons who are potentially responsible 115.33 for the release but for whom the agency has insufficient 115.34 information to determine responsibility. 115.35 (d) Except as otherwise provided in this subdivision, a 115.36 decision of the agency under this subdivision to offer or agree 116.1 to provide reimbursement in any settlement, or to determine the 116.2 amount of reimbursement it will provide under a settlement, is a 116.3 matter of agency discretion in the exercise of its enforcement 116.4 authority. In exercising discretion in this matter, the agency 116.5 may consider, among other factors, the degree of cooperation 116.6 with the agency that has been shown prior to the settlement by 116.7 the parties seeking reimbursement. 116.8 (e) The agency may require as a term of settlement under 116.9 this subdivision that the parties receiving reimbursement from 116.10 the agency waive any rights they may have to bring a claim for 116.11 contribution against persons who are not parties to the 116.12 settlement. 116.13 Sec. 103. Minnesota Statutes 1996, section 115B.17, is 116.14 amended by adding a subdivision to read: 116.15 Subd. 20. [SETTLEMENTS WITH DE MINIMIS PARTIES AND PARTIES 116.16 WITH LIMITED FINANCIAL RESOURCES.] (a) The agency may agree to 116.17 separately settle its claims under sections 115B.01 to 115B.18 116.18 with any persons: 116.19 (1) whose liability for response costs or response actions, 116.20 in the determination of the agency, is minimal in comparison 116.21 with the liability of other persons responsible for the release; 116.22 or 116.23 (2) who are responsible for a release but, in the 116.24 determination of the agency, are insolvent or financially unable 116.25 to pay any significant share of their liability for the response 116.26 costs. 116.27 (b) A settlement under this subdivision may require the 116.28 parties to pay a fixed amount in money or in kind toward the 116.29 implementation of response actions, and may include a premium 116.30 for the risk of additional future response costs or response 116.31 action requirements. The agency may require as a term of a 116.32 settlement under this subdivision that the settling responsible 116.33 persons waive any rights they may have to bring a claim for 116.34 contribution against persons who are not parties to the 116.35 settlement. 116.36 (c) All amounts paid to the agency under a settlement 117.1 entered into pursuant to this subdivision shall be deposited in 117.2 the account and are appropriated to the agency to pay for 117.3 response actions and associated administrative and legal costs 117.4 related to the release addressed in the settlement, including 117.5 reimbursement for response costs under subdivision 19. 117.6 Sec. 104. Minnesota Statutes 1996, section 115B.175, 117.7 subdivision 2, is amended to read: 117.8 Subd. 2. [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR 117.9 APPROVAL.] (a) The commissioner may approve a voluntary response 117.10 action plan submitted under this section that does not require 117.11 removal or remedy of all releases and threatened releases at an 117.12 identified area of real property if the commissioner determines 117.13 that all of the following criteria have been met: 117.14 (1) if reuse or development of the property is proposed, 117.15 the voluntary response action plan provides for all response 117.16 actions required to carry out the proposed reuse or development 117.17 in a manner that meets the same standards for protection that 117.18 apply to response actions taken or requested under section 117.19 115B.17, subdivision 1 or 2; 117.20 (2) the response actions and the activities associated with 117.21 any reuse or development proposed for the property will not 117.22 aggravate or contribute to releases or threatened releases that 117.23 are not required to be removed or remedied under the voluntary 117.24 response action plan, and will not interfere with or 117.25 substantially increase the cost of response actions to address 117.26 the remaining releases or threatened releases; and 117.27 (3) the owner of the property agrees to cooperate with the 117.28 commissioner or other persons acting at the direction of the 117.29 commissioner in taking response actions necessary to address 117.30 remaining releases or threatened releases, and to avoid any 117.31 action that interferes with the response actions. 117.32 (b) Under paragraph (a), clause (3), an owner may be 117.33 required to agree to any or all of the following terms necessary 117.34 to carry out response actions to address remaining releases or 117.35 threatened releases: 117.36 (1) to provide access to the property to the commissioner 118.1 and the commissioner's authorized representatives; 118.2 (2) to allow the commissioner, or persons acting at the 118.3 direction of the commissioner, to undertake reasonable and 118.4 necessary activities at the property including placement of 118.5 borings, wells, equipment, and structures on the property, 118.6 provided that the activities do not unreasonably interfere with 118.7 the proposed reuse or redevelopment; and 118.8 (3) to grant easements or other interests in the property 118.9 to the agency for any of the purposes provided in clause (1) or 118.10 (2). 118.11 (c) An agreement under paragraph (a), clause (3), must 118.12 apply to and be binding upon the successors and assigns of the 118.13 owner. The owner shall record the agreement, or a memorandum 118.14 approved by the commissioner that summarizes the agreement, with 118.15 the county recorder or registrar of titles of the county where 118.16 the property is located. 118.17 Sec. 105. Minnesota Statutes 1996, section 115B.175, 118.18 subdivision 6a, is amended to read: 118.19 Subd. 6a. [VOLUNTARY RESPONSE ACTIONS BY RESPONSIBLE 118.20 PERSONS.] (a) Notwithstanding subdivision 1, paragraph (a), when 118.21 a person who is responsible for a release or threatened release 118.22 under sections 115B.01 to 115B.18 undertakes and completes 118.23 response actions, the protection from liability provided by this 118.24 section applies to persons described in paragraph (c) if the 118.25 response actions are undertaken and completed in accordance with 118.26 this subdivision. 118.27 (b) The response actions must be undertaken and completed 118.28 in accordance with a voluntary response action plan approved as 118.29 provided in subdivision 3. Notwithstanding subdivision 2, a 118.30 voluntary response action plan submitted by a person who is 118.31 responsible for the release or threatened release must require 118.32 remedy or removal of all releases and threatened releases at the 118.33 identified area of real property. The identified area of real 118.34 property must correspond to the boundaries of a parcel that is 118.35 either separately platted or is the entire parcel. 118.36 (c) Subject to the provisions of subdivision 7, when the 119.1 commissioner issues a certificate of completion under 119.2 subdivision 5 for response actions completed at an identified 119.3 area of real property in accordance with this subdivision, the 119.4 liability protection under this section applies to: 119.5 (1) a person who acquires the identified real property 119.6 after approval of the voluntary response action plan; 119.7 (2) a person providing financing for response actions or 119.8 development at the identified real property after approval of 119.9 the response action plan, whether the financing is provided to 119.10 the person undertaking the response actions or other person who 119.11 acquires or develops the property; and 119.12 (3) a successor or assign of a person to whom the liability 119.13 protection applies under this paragraph. 119.14 (d) When the commissioner issues a certificate of 119.15 completion for response actions completed by a responsible 119.16 person, the commissioner and the responsible person may enter 119.17 into an agreement that resolves the person's future liability to 119.18 the agency under sections 115B.01 to 115B.18 for the release or 119.19 threatened release addressed by the response actions. 119.20 Sec. 106. Minnesota Statutes 1996, section 115B.412, 119.21 subdivision 10, is amended to read: 119.22 Subd. 10. [REPORT.] ByOctoberDecember 1 of each year, 119.23 the commissioner shall report to the environment and natural 119.24 resources committees and to the appropriate finance committees 119.25 of the senate and the house of representatives on the 119.26 commissioner's activities under sections 115B.39 to 115B.43 and 119.27 the commissioner's anticipated activities during future fiscal 119.28 years. 119.29 Sec. 107. Minnesota Statutes 1996, section 115B.48, 119.30 subdivision 3, is amended to read: 119.31 Subd. 3. [DRYCLEANING FACILITY.] "Drycleaning facility" 119.32 means a facility located in this state that is or has been used 119.33 for a drycleaning operation, other than: 119.34 (1) a coin-operated drycleaning operation; 119.35 (2) a facility located on a United States military base; 119.36 (3) a uniform service or linen supply facility; 120.1 (4) a prison or other penal institution; 120.2 (5) a facility on the national priorities list established 120.3 under the Federal Superfund Act; or 120.4 (6) a facility at which a response action has been taken or 120.5 started under section 115B.17 before July 1, 1995, except as 120.6 authorized in a settlement agreement approved by the 120.7 commissioner by July 1, 1997. 120.8 Sec. 108. Minnesota Statutes 1996, section 115B.48, 120.9 subdivision 8, is amended to read: 120.10 Subd. 8. [FULL-TIME EQUIVALENCE.] "Full-time equivalence" 120.11 means 2,000 hours worked by employees, owners, and others, at120.12duties related to the drycleaning operationin a drycleaning 120.13 facility during a 12-month period beginning July 1 of the 120.14 preceding year and running through June 30 of the year in which 120.15 the annual registration fee is due. For those drycleaning 120.16 facilities that were in business less than the 12-month period, 120.17 full-time equivalence means the total of all of the hours worked 120.18at duties related to the drycleaning operationin the 120.19 drycleaning facility, divided by 2,000 and multiplied by a 120.20 fraction, the numerator of which is 50 and the denominator of 120.21 which is the number of weeks in business during the reporting 120.22 period. 120.23 Sec. 109. Minnesota Statutes 1996, section 115B.49, 120.24 subdivision 4, is amended to read: 120.25 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator 120.26 of a drycleaning facility shall register on or before July 1 of 120.27 each year with the commissioner of revenue in a manner 120.28 prescribed by the commissioner of revenue and pay a registration 120.29 fee for the facility. The amount of the fee is: 120.30 (1) $500, for facilities with a full-time equivalence of 120.31 fewer than five; 120.32 (2) $1,000, for facilities with a full-time equivalence of 120.33 five to ten; and 120.34 (3) $1,500, for facilities with a full-time equivalence of 120.35 more than ten. 120.36 (b) A person who sells drycleaning solvents for use by 121.1 drycleaning facilities in the state shall collect and remit to 121.2 the commissioner of revenue in a manner prescribed by the 121.3 commissioner of revenue, on or before the 20th day of the month 121.4 following the month in which the sales of drycleaning solvents 121.5 are made, a fee of: 121.6 (1) $3.50 for each gallon of perchloroethylene sold for use 121.7 by drycleaning facilities in the state; and 121.8 (2) 70 cents for each gallon of hydrocarbon-based 121.9 drycleaning solvent sold for use by drycleaning facilities in 121.10 the state. 121.11 (c) The commissioner shall, after a public hearing but 121.12 notwithstanding section 16A.1285, subdivision 4, annually adjust 121.13 the fees in this subdivision as necessary to maintainan121.14unencumbered balance in the accountannual income of at least 121.15$1,000,000: 121.16 (1) $600,000 beginning July 1, 1997; 121.17 (2) $700,000 beginning July 1, 1998; and 121.18 (3) $800,000 beginning July 1, 1999. 121.19 Any adjustment under this paragraph must be prorated among all 121.20 the fees in this subdivision.Fees adjusted under this121.21paragraph may not exceed 200 percent of the fees in this121.22subdivisionAfter adjustment under this paragraph, the fees in 121.23 this subdivision must not be greater than two times their 121.24 original amount. The commissioner shall notify the commissioner 121.25 of revenue of an adjustment under this paragraph no later than 121.26 March 1 of the year in which the adjustment is to become 121.27 effective. The adjustment is effective for sales of drycleaning 121.28 solvents made, and annual registration fees due, beginning on 121.29 July 1 of the same year. 121.30 (d) To enforce this subdivision, the commissioner of 121.31 revenue may examine documents, assess and collect fees, conduct 121.32 investigations, issue subpoenas, grant extensions to file 121.33 returns and pay fees, impose penalties and interest on the 121.34 annual registration fee under paragraph (a) and the monthly fee 121.35 under paragraph (b), abate penalties and interest, and 121.36 administer appeals, in the manner provided in chapters 270 and 122.1 289A. The penalties and interest imposed on taxes under chapter 122.2 297A apply to the fees imposed under this subdivision. 122.3 Disclosure of data collected by the commissioner of revenue 122.4 under this subdivision is governed by chapter 270B. 122.5 Sec. 110. Minnesota Statutes 1996, section 116.07, 122.6 subdivision 4d, is amended to read: 122.7 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 122.8 fees in amounts not greater than those necessary to cover the 122.9 reasonable costs of reviewing and acting upon applications for 122.10 agency permits and implementing and enforcing the conditions of 122.11 the permits pursuant to agency rules. Permit fees shall not 122.12 include the costs of litigation. The agency shall adopt rules 122.13 under section 16A.1285 establishing a system for charging permit 122.14 fees collected under this subdivision. The fee schedule must 122.15 reflect reasonable and routine permitting, implementation, and 122.16 enforcement costs. The agency may impose an additional 122.17 enforcement fee to be collected for a period of up to two years 122.18 to cover the reasonable costs of implementing and enforcing the 122.19 conditions of a permit under the rules of the agency. Any money 122.20 collected under this paragraph shall be deposited in thespecial122.21revenue accountenvironmental fund. 122.22 (b) Notwithstanding paragraph (a), and section 16A.1285, 122.23 subdivision 2, the agency shall collect an annual fee from the 122.24 owner or operator of all stationary sources, emission 122.25 facilities, emissions units, air contaminant treatment 122.26 facilities, treatment facilities, potential air contaminant 122.27 storage facilities, or storage facilities subject to the 122.28 requirement to obtain a permit under subchapter V of the federal 122.29 Clean Air Act, United States Code, title 42, section 7401 et 122.30 seq., or section 116.081. The annual fee shall be used to pay 122.31 for all direct and indirect reasonable costs, including attorney 122.32 general costs, required to develop and administer the permit 122.33 program requirements of subchapter V of the federal Clean Air 122.34 Act, United States Code, title 42, section 7401 et seq., and 122.35 sections of this chapter and the rules adopted under this 122.36 chapter related to air contamination and noise. Those costs 123.1 include the reasonable costs of reviewing and acting upon an 123.2 application for a permit; implementing and enforcing statutes, 123.3 rules, and the terms and conditions of a permit; emissions, 123.4 ambient, and deposition monitoring; preparing generally 123.5 applicable regulations; responding to federal guidance; 123.6 modeling, analyses, and demonstrations; preparing inventories 123.7 and tracking emissions; and providing information to the public 123.8 about these activities. 123.9 (c) The agency shall adopt fee rules in accordance with the 123.10 procedures in section 16A.1285, subdivision 5, that: 123.11 (1) will result in the collection, in the aggregate, from 123.12 the sources listed in paragraph (b), ofthe following amounts:123.13(1)an amount not less than $25 per ton of each volatile 123.14 organic compound; pollutant regulated under United States Code, 123.15 title 42, section 7411 or 7412 (section 111 or 112 of the 123.16 federal Clean Air Act); and each pollutant, except carbon 123.17 monoxide, for which a national primary ambient air quality 123.18 standard has been promulgated;and123.19 (2)the agency fee rulesmayalsoresult in the collection, 123.20 in the aggregate, from the sources listed in paragraph (b), of 123.21 an amount not less than $25 per ton of each pollutant not listed 123.22 in clause (1) that is regulated under this chapter or air 123.23 quality rules adopted under this chapter.; and 123.24 (3) shall collect, in the aggregate, from the sources 123.25 listed in paragraph (b), the amount needed to match grant funds 123.26 received by the state under United States Code, title 42, 123.27 section 7405 (section 105 of the federal Clean Air Act). 123.28 The agency must not include in the calculation of the aggregate 123.29 amount to be collected underthe fee rulesclauses (1) and (2) 123.30 any amount in excess of 4,000 tons per year of each air 123.31 pollutant from a source. 123.32 (d) To cover the reasonable costs described in paragraph 123.33 (b), the agency shall provide in the rules promulgated under 123.34 paragraph (c) for an increase in the fee collected in each year 123.35 by the percentage, if any, by which the Consumer Price Index for 123.36 the most recent calendar year ending before the beginning of the 124.1 year the fee is collected exceeds the Consumer Price Index for 124.2 the calendar year 1989. For purposes of this paragraph the 124.3 Consumer Price Index for any calendar year is the average of the 124.4 Consumer Price Index for all-urban consumers published by the 124.5 United States Department of Labor, as of the close of the 124.6 12-month period ending on August 31 of each calendar year. The 124.7 revision of the Consumer Price Index that is most consistent 124.8 with the Consumer Price Index for calendar year 1989 shall be 124.9 used. 124.10 (e) Any money collected under paragraphs (b) to (d) must be 124.11 deposited in an air quality account in the environmental fund 124.12 and must be used solely for the activities listed in paragraph 124.13 (b). 124.14 (f) Persons who wish to construct or expand an air emission 124.15 facility may offer to reimburse the agency for the costs of 124.16 staff overtime or consultant services needed to expedite permit 124.17 review. The reimbursement shall be in addition to fees imposed 124.18 by paragraphs (a) to (d). When the agency determines that it 124.19 needs additional resources to review the permit application in 124.20 an expedited manner, and that expediting the review would not 124.21 disrupt air permitting program priorities, the agency may accept 124.22 the reimbursement. Reimbursements accepted by the agency are 124.23 appropriated to the agency for the purpose of reviewing the 124.24 permit application. Reimbursement by a permit applicant shall 124.25 precede and not be contingent upon issuance of a permit and 124.26 shall not affect the agency's decision on whether to issue or 124.27 deny a permit, what conditions are included in a permit, or the 124.28 application of state and federal statutes and rules governing 124.29 permit determinations. 124.30 Sec. 111. Minnesota Statutes 1996, section 116.07, 124.31 subdivision 7, is amended to read: 124.32 Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 124.33 LOT PERMITS.] Any Minnesota county board may, by resolution, 124.34 with approval of the pollution control agency, assume 124.35 responsibility for processing applications for permits required 124.36 by the pollution control agency under this section for livestock 125.1 feedlots, poultry lots or other animal lots. The responsibility 125.2 for permit application processing, if assumed by a county, may 125.3 be delegated by the county board to any appropriate county 125.4 officer or employee. 125.5 (a) For the purposes of this subdivision, the term 125.6 "processing" includes: 125.7 (1) the distribution to applicants of forms provided by the 125.8 pollution control agency; 125.9 (2) the receipt and examination of completed application 125.10 forms, and the certification, in writing, to the pollution 125.11 control agency either that the animal lot facility for which a 125.12 permit is sought by an applicant will comply with applicable 125.13 rules and standards, or, if the facility will not comply, the 125.14 respects in which a variance would be required for the issuance 125.15 of a permit; and 125.16 (3) rendering to applicants, upon request, assistance 125.17 necessary for the proper completion of an application. 125.18 (b) For the purposes of this subdivision, the term 125.19 "processing" may include, at the option of the county board, 125.20 issuing, denying, modifying, imposing conditions upon, or 125.21 revoking permits pursuant to the provisions of this section or 125.22 rules promulgated pursuant to it, subject to review, suspension, 125.23 and reversal by the pollution control agency. The pollution 125.24 control agency shall, after written notification, have1530 125.25 days to review, suspend, modify, or reverse the issuance of the 125.26 permit. After this period, the action of the county board is 125.27 final, subject to appeal as provided in chapter 14. 125.28 (c) For the purpose of administration of rules adopted 125.29 under this subdivision, the commissioner and the agency may 125.30 provide exceptions for cases where the owner of a feedlot has 125.31 specific written plans to close the feedlot within five years. 125.32 These exceptions include waiving requirements for major capital 125.33 improvements. 125.34 (d) For purposes of this subdivision, a discharge caused by 125.35 an extraordinary natural event such as a precipitation event of 125.36 greater magnitude than the 25-year, 24-hour event, tornado, or 126.1 flood in excess of the 100-year flood is not a "direct discharge 126.2 of pollutants." 126.3 (e) In adopting and enforcing rules under this subdivision, 126.4 the commissioner shall cooperate closely with other governmental 126.5 agencies. 126.6 (f) The pollution control agency shall work with the 126.7 Minnesota extension service, the department of agriculture, the 126.8 board of water and soil resources, producer groups, local units 126.9 of government, as well as with appropriate federal agencies such 126.10 as theSoilNatural Resources Conservation Service and 126.11 theAgricultural Stabilization and Conservation ServiceFarm 126.12 Service Agency, to notify and educate producers of rules under 126.13 this subdivision at the time the rules are being developed and 126.14 adopted and at least every two years thereafter. 126.15 (g) The pollution control agency shall adopt rules 126.16 governing the issuance and denial of permits for livestock 126.17 feedlots, poultry lots or other animal lots pursuant to this 126.18 section. A feedlot permit is not required for livestock 126.19 feedlots with more than ten but less than 50 animal units; 126.20 provided they are not in shoreland areas. These rules apply 126.21 both to permits issued by counties and to permits issued by the 126.22 pollution control agency directly. 126.23 (h) The pollution control agency shall exercise supervising 126.24 authority with respect to the processing of animal lot permit 126.25 applications by a county. If a county requests assistance in 126.26 the development of a feedlot ordinance, the agency and the 126.27 commissioner of agriculture shall provide information and 126.28 technical assistance to the county. 126.29 Sec. 112. Minnesota Statutes 1996, section 116.92, is 126.30 amended by adding a subdivision to read: 126.31 Subd. 8a. [BAN; MERCURY MANOMETERS.] After June 30, 1997, 126.32 mercury manometers for use on dairy farms may not be sold or 126.33 installed, nor may mercury manometers in use on dairy farms be 126.34 repaired. After December 31, 2000, all mercury manometers on 126.35 dairy farms must be removed from use. 126.36 Sec. 113. [116.993] [SMALL BUSINESS ENVIRONMENTAL 127.1 IMPROVEMENT LOAN PROGRAM.] 127.2 Subdivision 1. [ESTABLISHMENT.] A small business 127.3 environmental improvement revolving loan program is established 127.4 to provide loans to small businesses for the purpose of capital 127.5 equipment purchases that will meet or exceed environmental rules 127.6 and regulations or for investigation and cleanup of contaminated 127.7 sites. The small business environmental improvement revolving 127.8 loan program replaces the small business environmental loan 127.9 program in Minnesota Statutes 1996, section 116.991, and the 127.10 hazardous waste generator loan program in Minnesota Statutes 127.11 1996, section 115B.223. 127.12 Subd. 2. [ELIGIBLE BORROWER.] To be eligible for a loan 127.13 under this section, a borrower must: 127.14 (1) be a small business corporation, sole proprietorship, 127.15 partnership, or association; 127.16 (2) be a potential emitter of pollutants to the air, 127.17 ground, or water; 127.18 (3) need capital for equipment purchases that will meet or 127.19 exceed environmental regulations or need capital for site 127.20 investigation and cleanup; 127.21 (4) have less than 50 full-time employees; 127.22 (5) have an after tax profit of less than $500,000; and 127.23 (6) have a net worth of less than $1,000,000. 127.24 Subd. 3. [LOAN APPLICATION AND AWARD PROCEDURE.] The 127.25 commissioner of the pollution control agency may give priority 127.26 to applicants that include, but are not limited to, those 127.27 subject to Clean Air Act standards adopted under United States 127.28 Code, title 42, section 7412, those undergoing site 127.29 investigation and remediation, those involved with facility wide 127.30 environmental compliance and pollution prevention projects, and 127.31 those determined by the commissioner to be small business 127.32 outreach priorities. The commissioner shall decide whether to 127.33 award a loan to an eligible borrower based on: 127.34 (1) the applicant's financial need; 127.35 (2) the applicant's ability to secure and repay the loan; 127.36 and 128.1 (3) the expected environmental benefit. 128.2 Subd. 4. [SCREENING COMMITTEE.] The commissioner shall 128.3 appoint a screening committee to evaluate applications and 128.4 determine loan awards. The committee shall have diverse 128.5 expertise in air quality, water quality, solid and hazardous 128.6 waste management, site response and cleanup, pollution 128.7 prevention, and financial analysis. 128.8 Subd. 5. [LIMITATION ON LOAN OBLIGATION.] Numbers of 128.9 applications accepted, evaluated, and awarded are based upon the 128.10 available money in the small business environmental improvement 128.11 loan account. 128.12 Subd. 6. [LOAN CONDITIONS.] A loan made under this section 128.13 must include: 128.14 (1) an interest rate that is four percent or one-half the 128.15 prime rate, whichever is greater; 128.16 (2) a term of payment of not more than seven years; and 128.17 (3) an amount not less than $1,000 or exceeding $50,000. 128.18 Sec. 114. [116.994] [SMALL BUSINESS ENVIRONMENTAL 128.19 IMPROVEMENT LOAN ACCOUNT.] 128.20 The small business environmental improvement loan account 128.21 is established in the environmental fund. Repayments of loans 128.22 made under section 116.993 must be credited to this account. 128.23 This account replaces the small business environmental loan 128.24 account in Minnesota Statutes 1996, section 116.992, and the 128.25 hazardous waste generator loan account in Minnesota Statutes 128.26 1996, section 115B.224. The account balances and pending 128.27 repayments from the small business environmental loan account 128.28 and the hazardous waste generator account will be credited to 128.29 this new account. Money in the account is appropriated to the 128.30 commissioner for loans under this section. 128.31 Sec. 115. Minnesota Statutes 1996, section 116C.834, 128.32 subdivision 2, is amended to read: 128.33 Subd. 2. [COLLECTION AND DEPOSIT.] Fees assessed under 128.34 subdivision 1 shall be collected by the commissioner of 128.35 revenue. All money received pursuant to this subdivision shall 128.36 be deposited in thespecial revenueenvironmental fund. 129.1 Sec. 116. Minnesota Statutes 1996, section 116O.09, 129.2 subdivision 2, is amended to read: 129.3 Subd. 2. [DUTIES.] (a) In addition to the duties and 129.4 powers assigned to the institutes in section 116O.08, the 129.5 agricultural utilization research institute shall: 129.6 (1) identify the various market segments characterized by 129.7 Minnesota's agricultural industry, address each segment's 129.8 individual needs, and identify development opportunities in each 129.9 segment; 129.10 (2) develop and implement a utilization program for each 129.11 segment that addresses its development needs and identifies 129.12 techniques to meet those needs; 129.13 (3) coordinate research among the public and private 129.14 organizations and individuals specifically addressing procedures 129.15 to transfer new technology to businesses, farmers, and 129.16 individuals;and129.17 (4) provide research grants to public and private 129.18 educational institutions and other organizations that are 129.19 undertaking basic and applied research that would promote the 129.20 development of the various agricultural industries; and 129.21 (5) provide financial assistance including, but not limited 129.22 to: (i) direct loans, guarantees, interest subsidy payments, 129.23 and equity investments; and (ii) participation in loan 129.24 participations. The board of directors shall establish the 129.25 terms and conditions of the financial assistance. 129.26 (b) The agricultural utilization research institute board 129.27 of directors, with the concurrence of the advisory board,shall 129.28 have the sole approval authority for establishing agricultural 129.29 utilization research priorities, requests for proposals to meet 129.30 those priorities, awarding of grants, hiring and direction of 129.31 personnel, and other expenditures of funds consistent with the 129.32 adopted and approved mission and goals of the agricultural 129.33 utilization research institute. The actions and expenditures of 129.34 the agricultural utilization research institute are subject to 129.35 audit and regular annual report to the legislature in general 129.36 and specifically the house of representatives agriculture 130.1 committee, the senate agriculture and rural development 130.2 committee, the house of representativesappropriations130.3 environment and natural resources finance committee, and the 130.4 senatefinance committeeenvironment and agriculture budget 130.5 division. 130.6 Sec. 117. Minnesota Statutes 1996, section 116O.09, 130.7 subdivision 5, is amended to read: 130.8 Subd. 5. [ADVISORY BOARD.] A 26-member advisory board 130.9ismay be established to identify priorities for the 130.10 agricultural utilization research institute. Members of the 130.11 advisory board are appointed by the board. The advisory board 130.12 consists of: the chair of the Minnesota house of 130.13 representatives agricultural committee; the chair of the 130.14 Minnesota senate agricultural committee; a representative from 130.15 each of the ten largest agricultural-related businesses in the 130.16 state as determined by the corporation; a member from each of 130.17 the appropriate trade organizations representing producers of 130.18 beef cattle, dairy, corn, soybeans, pork, wheat, turkey, barley, 130.19 wild rice, edible beans, eggs, and potatoes; a member of the 130.20 Farmers's Union; and a member of the Farm Bureau. Terms and 130.21 removal of members must be set by the board and members of the 130.22 advisory board serve without compensation but shall receive 130.23 their necessary and actual expenses. 130.24 The advisory board shall annually provide a list of 130.25 priorities and suggested research and marketing studies that 130.26 should be performed by the agricultural utilization research 130.27 institute. 130.28 Sec. 118. Minnesota Statutes 1996, section 116O.09, 130.29 subdivision 9, is amended to read: 130.30 Subd. 9. [MEETINGS.] The board of directors shall meet at 130.31 least twice each year and may hold additional meetings upon 130.32 giving notice in accordance with the bylaws of the institute. 130.33 Board meetings are subject to section 471.705, except 130.34 subdivision 1b as it pertains to proprietary information. The 130.35 board may close any portion of a meeting during which 130.36 proprietary information is to be discussed. 131.1 Sec. 119. Minnesota Statutes 1996, section 168.1291, is 131.2 amended to read: 131.3 168.1291 [SPECIAL LICENSE PLATES; DESIGN.] 131.4 Subdivision 1. [DEFINITION.] For purposes of this section 131.5 "special license plates" means license plates issued under 131.6 sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and 131.7 168.1292; and 168.1296. 131.8 Subd. 2. [DESIGN OF SPECIAL LICENSE PLATES.] The 131.9 commissioner shall design a single special license plate that 131.10 will contain a unique number and a space for a unique symbol. 131.11 The commissioner shall design a unique symbol related to the 131.12 purpose of each special license plate. Any provision of 131.13 sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and 131.14 168.1292; and 168.1296that requires the placement of a 131.15 specified letter or letters on a special license plate applies 131.16 to those license plates only to the extent that the commissioner 131.17 includes the letter or letters in the design. Where a law 131.18 authorizing a special license plate contains a specific 131.19 requirement for graphic design of that license plate, that 131.20 requirement applies to the appropriate unique symbol the 131.21 commissioner designs. 131.22 Subd. 3. [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE 131.23 SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e; 131.24 168.123; 168.129; or 168.1292; or 168.1296, beginning with 131.25 special license plates issued in calendar year 1996 the 131.26 commissioner shall issue each class of special license plates 131.27 permanently marked with specific designs under those laws only 131.28 until the commissioner's supply of those license plates is 131.29 exhausted. Thereafter the commissioner shall issue under those 131.30 laws only the license plate authorized under subdivision 2, with 131.31 the appropriate unique symbol attached. 131.32 Subd. 4. [FEES.] Notwithstanding section 168.12, 131.33 subdivisions 2b to 2e; 168.123; 168.129; or 168.1292; or131.34168.1296, the commissioner shall charge a fee of $10 for each 131.35 set of license plates issued under this section. 131.36 Subd. 5. [APPLICATION.] This section does not apply to a 132.1 special motorcycle license plate designed by the registrar under 132.2 section 168.123, subdivision 1, clause (2). 132.3 Sec. 120. Minnesota Statutes 1996, section 216B.2423, is 132.4 amended by adding a subdivision to read: 132.5 Subd. 3. [STANDARD CONTRACTS FOR WIND ENERGY CONVERSION 132.6 SYSTEMS.] The public utilities commission shall require a public 132.7 utility subject to subdivision 1 to develop and file in a form 132.8 acceptable to the commission by October 1, 1997, a standard form 132.9 contract for the purchase of electricity from wind conversion 132.10 systems with installed capacity of two megawatts and less. For 132.11 purposes of applying the two megawatts limit, the installed 132.12 capacity sold to the public utility from a single seller or 132.13 affiliated group of sellers shall be cumulated. The standard 132.14 contract shall include all the terms and conditions for 132.15 purchasing wind-generated power by the utility, except for price 132.16 and any other specific terms necessary to ensure system 132.17 reliability and safety, which shall be separately negotiable. 132.18 Sec. 121. Minnesota Statutes 1996, section 216C.41, 132.19 subdivision 1, is amended to read: 132.20 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 132.21 subdivision apply to this section: 132.22 (b) "Qualified hydroelectric facility" means a 132.23 hydroelectric generating facility in this state that: 132.24 (1) is located at the site of a dam, if the dam was in 132.25 existence as of March 31, 1994; and 132.26 (2) begins generating electricity after July 1, 1994. 132.27 (c) "Qualified wind energy conversion facility" means a 132.28 wind energy conversion system that: 132.29 (1)is located within one county and owned by a natural132.30person who owns the land where the facility is sited, or is a132.31farm-generated wind energy production facility qualifying under132.32section 41B.046, subdivision 1;132.33(2)produces two megawatts or less of electricity as 132.34 measured by nameplate rating;and 132.35(3)begins generating electricity after June 30, 1997, and 132.36 before July 1, 1999; or 133.1 (2) begins generating electricity after June 30, 1999, 133.2 produces two megawatts or less of electricity as measured by 133.3 nameplate rating, and is: 133.4 (i) located within one county and owned by a natural person 133.5 who owns the land where the facility is sited; 133.6 (ii) owned by a Minnesota small business as defined in 133.7 section 645.445; 133.8 (iii) owned by a nonprofit organization; or 133.9 (iv) owned by a tribal council if the facility is located 133.10 within the boundaries of the reservation. 133.11 Sec. 122. Minnesota Statutes 1996, section 223.17, 133.12 subdivision 3, is amended to read: 133.13 Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The 133.14 commissioner shall set the fees for inspections under sections 133.15 223.15 to 223.22 at levels necessary to pay the expenses of 133.16 administering and enforcing sections 223.15 to 223.22. These 133.17 fees may be adjusted pursuant to the provisions of section 133.18 16A.1285. 133.19The fee for any license issued or renewed prior to June 30,133.201984, is $100.The fee for any license issued or renewed after 133.21 June 30,19841997, shall be set according to the following 133.22 schedule: 133.23 (a) $100 plus$50$100 for each additional location for 133.24 grain buyers whose gross annual purchases are less than 133.25$1,500,000$100,000; 133.26 (b) $200 plus$50$100 for each additional location for 133.27 grain buyers whose gross annual purchases are at least 133.28$1,500,000$100,000, but not more than$3,000,000$750,000; 133.29and133.30 (c) $300 plus$50$100 for each additional location for 133.31 grain buyers whose gross annual purchases are more than 133.32$3,000,000.$750,000 but not more than $1,500,000; 133.33 (d) $400 plus $100 for each additional location for grain 133.34 buyers whose gross annual purchases are more than $1,500,000 but 133.35 not more than $3,000,000; and 133.36 (e) $500 plus $100 for each additional location for grain 134.1 buyers whose gross annual purchases are more than $3,000,000. 134.2 There is created in the state treasury the grain buyers and 134.3 storage fund. Money collected pursuant to sections 223.15 to 134.4 223.19 shall be paid into the state treasury and credited to the 134.5 grain buyers and storage fund and is appropriated to the 134.6 commissioner for the administration and enforcement of sections 134.7 223.15 to 223.22. 134.8 Sec. 123. Minnesota Statutes 1996, section 236.02, 134.9 subdivision 1, is amended to read: 134.10 Subdivision 1. [LICENSING REQUIREMENT.] A person who (1) 134.11 operates an establishment that processes grain into feed and (2) 134.12 is licensed to buy grain as apublic orprivate local grain 134.13 warehouse operator under section232.22223.17 may obtain a 134.14 license to operate a grain bank. A person licensed under 134.15 section 232.22 to operate a public grain warehouse is not 134.16 required to obtain a separate grain bank license. No person may 134.17 conduct a grain bank without a grain bank license or a public 134.18 grain warehouse operator's license. 134.19 Sec. 124. Minnesota Statutes 1996, section 236.02, 134.20 subdivision 2, is amended to read: 134.21 Subd. 2. [ISSUANCE.] A grain bank license must be obtained 134.22 from the department. The department may issue a grain bank 134.23 license when the applicant has complied with the bond 134.24 requirements of sections 236.01 to 236.09. A grain bank license 134.25 is required in addition to a license to buy grain as apublic or134.26 private local grain warehouse operator and permits the licensee 134.27 to conduct a grain bank in accordance with sections 236.01 to 134.28 236.09. 134.29 Sec. 125. Minnesota Statutes 1996, section 300.11, is 134.30 amended by adding a subdivision to read: 134.31 Subd. 5. [WATER QUALITY UTILITIES.] Notwithstanding any 134.32 contrary provision in subdivision 1, the term "public utility" 134.33 also means a person, corporation, cooperative, or other legal 134.34 entity, their lessees, trustees, and receivers who are 134.35 operating, maintaining, or controlling equipment or facilities 134.36 to provide water quality treatment and management services, as 135.1 defined by section 115.58, subdivision 1, paragraph (e). 135.2 "Public utility" does not include a municipality that owns or 135.3 operates equipment or facilities for treating wastewater, 135.4 furnishing potable water or water for geothermal heating and 135.5 cooling, managing storm water runoff or drainage, or reducing or 135.6 eliminating water pollution. 135.7 Sec. 126. Minnesota Statutes 1996, section 308A.101, is 135.8 amended by adding a subdivision to read: 135.9 Subd. 3. [WATER QUALITY COOPERATIVE PURPOSE.] A water 135.10 quality cooperative may only be formed by a cooperative engaged 135.11 in furnishing potable water or water quality treatment and 135.12 management services, as defined in section 115.58, subdivision 135.13 1, paragraph (e), for the purpose of financing or refinancing 135.14 the construction, improvement, expansion, acquisition, 135.15 operation, and maintenance of treatment works, sewage systems, 135.16 storm sewer facilities, water pipelines, and related facilities 135.17 of its members. 135.18 Sec. 127. Minnesota Statutes 1996, section 308A.201, is 135.19 amended by adding a subdivision to read: 135.20 Subd. 15. [WATER QUALITY COOPERATIVE CONDEMNATION 135.21 POWER.] A water quality cooperative organized in this state may 135.22 exercise the power of eminent domain in the manner provided by 135.23 state law for the exercise of the power by corporations engaged 135.24 in the provision of electric, light, heat, power, or telephone 135.25 service. 135.26 Sec. 128. Minnesota Statutes 1996, section 347.33, 135.27 subdivision 3, is amended to read: 135.28 Subd. 3. [FEES; ISSUANCE OF LICENSE.] The annual license 135.29 fee is$15$30 for each kennel and$100 foreach dealer licensed 135.30 plus $75 for each inspection by the board of animal health. 135.31 Routine inspection fees will be due at time of licensing for the 135.32 coming year. Complaint inspection fees will be due at the time 135.33 of the inspection. All license and inspection fees collected by 135.34 the board shall be deposited in the state treasury and credited 135.35 to the general fund. 135.36 When application is made to the board, complete in the 136.1 manner set forth by rule to be issued by the board, and upon 136.2 payment of the license fee, the license shall be issued by the 136.3 board if, after inspection of the premises, the board determines 136.4 that the kennel or dealer complies with sections 347.31 to 136.5 347.40 and the rules promulgated pursuant to those sections. 136.6 Sec. 129. Minnesota Statutes 1996, section 394.25, 136.7 subdivision 2, is amended to read: 136.8 Subd. 2. [DISTRICTS SET BY ZONING ORDINANCES.] Zoning 136.9 ordinances establishing districts within which the use of land 136.10 or the use of water or the surface of water pursuant to section 136.11 86B.205 for agriculture, forestry, recreation, residence, 136.12 industry, trade, soil conservation, water supply conservation, 136.13 surface water drainage and removal, conservation of shorelands, 136.14 as defined in sections 103F.201 to 103F.221, and additional uses 136.15 of land and of the surface of water pursuant to section 86B.205, 136.16 may be by official controls encouraged, regulated, or prohibited 136.17 and for such purpose the board may divide the county into 136.18 districts of such number, shape, and area as may be deemed best 136.19 suited to carry out the comprehensive plan. Official controls 136.20 may also be applied to wetlands preservation, open space, parks, 136.21 sewage disposal, protection of groundwater, protection of 136.22 floodplains as defined in section 103F.111, protection of wild, 136.23 scenic, or recreational rivers as defined in sections 103F.311 136.24 and 103F.315, protection of slope, soils, unconsolidated 136.25 materials or bedrock from potentially damaging development, 136.26 preservation of forests, woodlands and essential wildlife 136.27 habitat, reclamation of nonmetallic mining lands; protection and 136.28 encouragement of access to direct sunlight for solar energy 136.29 systems as defined in section 216C.06, subdivision 8; and the 136.30 preservation of agricultural lands. Official controls may 136.31 include provisions for purchase of development rights by the 136.32 board in the form of conservation easements under chapter 84C in 136.33 areas where preservation is considered by the board to be 136.34 desirable, and the transfer of development rights from those 136.35 areas to areas the board considers more desirable for 136.36 development. 137.1 Sec. 130. Minnesota Statutes 1996, section 394.25, is 137.2 amended by adding a subdivision to read: 137.3 Subd. 3b. [FEEDLOT ZONING ORDINANCES.] (a) A county 137.4 proposing to adopt a new feedlot ordinance or amend an existing 137.5 feedlot ordinance must notify the pollution control agency and 137.6 commissioner of agriculture at the beginning of the process to 137.7 actively participate in the development of the new feedlot 137.8 ordinance or amendment to an existing ordinance. 137.9 (b) Prior to final approval of a feedlot ordinance, a 137.10 county board may submit a copy of the proposed ordinance to the 137.11 pollution control agency and to the commissioner of agriculture 137.12 and request review and comment on the environmental and 137.13 agricultural effects from specific provisions in the ordinance. 137.14 (c) If requested under paragraph (b) or if the pollution 137.15 control agency or the commissioner of agriculture determines 137.16 that it is appropriate, the agency or the commissioner may 137.17 provide a feedlot ordinance advisory report to the county 137.18 board. The advisory report may include: 137.19 (1) any recommendations for improvements in the ordinance; 137.20 and 137.21 (2) the legal, social, economic, or scientific 137.22 justification for each recommendation under clause (1). 137.23 (d) A local ordinance that contains a setback for new 137.24 feedlots from existing residences must also provide for a new 137.25 residence setback from existing feedlots located in areas zoned 137.26 agricultural at the same distances and conditions specified in 137.27 the setback for new feedlots, unless the new residence is built 137.28 to replace an existing residence. A county may grant a variance 137.29 from this requirement under section 394.27, subdivision 7. 137.30 Sec. 131. Minnesota Statutes 1996, section 446A.02, 137.31 subdivision 6, is amended to read: 137.32 Subd. 6. [PROJECT.] "Project" means the acquisition, 137.33 construction, improvement, expansion, repair, or rehabilitation 137.34 of all or part of any structure, facility, or equipment 137.35 necessary for a wastewater treatment systemor, water supply 137.36 system, or alternative discharging sewage system that is part of 138.1 a permit issued under section 115.58, subdivision 1, paragraph 138.2 (c). 138.3 Sec. 132. Minnesota Statutes 1996, section 462.357, 138.4 subdivision 1, is amended to read: 138.5 Subdivision 1. [AUTHORITY FOR ZONING.] For the purpose of 138.6 promoting the public health, safety, morals, and general 138.7 welfare, a municipality may by ordinance regulate on the earth's 138.8 surface, in the air space above the surface, and in subsurface 138.9 areas, the location, height, width, bulk, type of foundation, 138.10 number of stories, size of buildings and other structures, the 138.11 percentage of lot which may be occupied, the size of yards and 138.12 other open spaces, the density and distribution of population, 138.13 the uses of buildings and structures for trade, industry, 138.14 residence, recreation, public activities, or other purposes, and 138.15 the uses of land for trade, industry, residence, recreation, 138.16 agriculture, forestry, soil conservation, water supply 138.17 conservation, conservation of shorelands, as defined in sections 138.18 103F.201 to 103F.221, access to direct sunlight for solar energy 138.19 systems as defined in section 216C.06, flood control or other 138.20 purposes, and may establish standards and procedures regulating 138.21 such uses. To accomplish these purposes, official controls may 138.22 include provision for purchase of development rights by the 138.23 governing body in the form of conservation easements under 138.24 chapter 84C in areas where the governing body considers 138.25 preservation desirable and the transfer of development rights 138.26 from those areas to areas the governing body considers more 138.27 appropriate for development. No regulation may prohibit earth 138.28 sheltered construction as defined in section 216C.06, 138.29 subdivision 2, relocated residential buildings, or manufactured 138.30 homes built in conformance with sections 327.31 to 327.35 that 138.31 comply with all other zoning ordinances promulgated pursuant to 138.32 this section. The regulations may divide the surface, above 138.33 surface, and subsurface areas of the municipality into districts 138.34 or zones of suitable numbers, shape, and area. The regulations 138.35 shall be uniform for each class or kind of buildings, 138.36 structures, or land and for each class or kind of use throughout 139.1 such district, but the regulations in one district may differ 139.2 from those in other districts. The ordinance embodying these 139.3 regulations shall be known as the zoning ordinance and shall 139.4 consist of text and maps. A city may by ordinance extend the 139.5 application of its zoning regulations to unincorporated 139.6 territory located within two miles of its limits in any 139.7 direction, but not in a county or town which has adopted zoning 139.8 regulations; provided that where two or more noncontiguous 139.9 municipalities have boundaries less than four miles apart, each 139.10 is authorized to control the zoning of land on its side of a 139.11 line equidistant between the two noncontiguous municipalities 139.12 unless a town or county in the affected area has adopted zoning 139.13 regulations. Any city may thereafter enforce such regulations 139.14 in the area to the same extent as if such property were situated 139.15 within its corporate limits, until the county or town board 139.16 adopts a comprehensive zoning regulation which includes the area. 139.17 Sec. 133. Minnesota Statutes 1996, section 477A.12, is 139.18 amended to read: 139.19 477A.12 [ANNUAL APPROPRIATIONS; LANDS ELIGIBLE; 139.20 CERTIFICATION OF ACREAGE.] 139.21 (a) There is annually appropriated to the commissioner of 139.22 natural resources from the general fund for payment to counties 139.23 within the state an amount equal to: 139.24 (1) for acquired natural resources land, $3 multiplied by 139.25 the total number of acres of acquired natural resources land or, 139.26 beginning July 1, 1996, at the county's optionthree-fourths of139.27one0.85 percent of the appraised value of all acquired natural 139.28 resources land in the county, whichever is greater; 139.29 (2)7585 cents multiplied by the number of acres of 139.30 county-administered other natural resources land; and 139.31 (3)37.542.5 cents multiplied by the number of acres of 139.32 commissioner-administered other natural resources land located 139.33 in each county as of July 1 of each year. 139.34 (b) Lands for which payments in lieu are made pursuant to 139.35 section 97A.061, subdivision 3, and Laws 1973, chapter 567, 139.36 shall not be eligible for payments under this section. Each 140.1 county auditor shall certify to the department of natural 140.2 resources during July of each year the number of acres of 140.3 county-administered other natural resources land within the 140.4 county. The department of natural resources may, in addition to 140.5 the certification of acreage, require descriptive lists of land 140.6 so certified. The commissioner of natural resources shall 140.7 determine and certify the number of acres of acquired natural 140.8 resources land and commissioner-administered natural resources 140.9 land within each county. 140.10 (c) For the purposes of this section, the appraised value 140.11 of acquired natural resources land is the purchase price for the 140.12 first five years after acquisition. The appraised value of 140.13 acquired natural resources land received as a donation is the 140.14 value determined for the commissioner of natural resources by a 140.15 licensed appraiser, or the county assessor's estimated market 140.16 value if no appraisal is done. The appraised value must be 140.17 determined by the county assessor every five years after the 140.18 land is acquired. 140.19 Sec. 134. Minnesota Statutes 1996, section 477A.14, is 140.20 amended to read: 140.21 477A.14 [USE OF FUNDS.] 140.22 Forty percent of the total payment to the county shall be 140.23 deposited in the county general revenue fund to be used to 140.24 provide property tax levy reduction. The remainder shall be 140.25 distributed by the county in the following priority: 140.26 (a)37.542.5 cents for each acre of county-administered 140.27 other natural resources land shall be deposited in a resource 140.28 development fund to be created within the county treasury for 140.29 use in resource development, forest management, game and fish 140.30 habitat improvement, and recreational development and 140.31 maintenance of county-administered other natural resources 140.32 land. Any county receiving less than $5,000 annually for the 140.33 resource development fund may elect to deposit that amount in 140.34 the county general revenue fund; 140.35 (b) From the funds remaining, within 30 days of receipt of 140.36 the payment to the county, the county treasurer shall pay each 141.1 organized township 30 cents per acre of acquired natural 141.2 resources land and 7.5 cents per acre of other natural resources 141.3 land located within its boundaries. Payments for natural 141.4 resources lands not located in an organized township shall be 141.5 deposited in the county general revenue fund. Payments to 141.6 counties and townships pursuant to this paragraph shall be used 141.7 to provide property tax levy reduction. Provided that, if the 141.8 total payment to the county pursuant to section 477A.12 is not 141.9 sufficient to fully fund the distribution provided for in this 141.10 clause, the amount available shall be distributed to each 141.11 township and the county general revenue fund on a pro rata 141.12 basis; and 141.13 (c) Any remaining funds shall be deposited in the county 141.14 general revenue fund. Provided that, if the distribution to the 141.15 county general revenue fund exceeds $35,000, the excess shall be 141.16 used to provide property tax levy reduction. 141.17 Sec. 135. Laws 1995, chapter 220, section 19, subdivision 141.18 11, is amended to read: 141.19 Subd. 11. Energy 141.20 (a)INTER-CITYELECTRIC VEHICLE141.21TRANSPORTATION DEMONSTRATION150,000141.22This appropriation is from the oil141.23overcharge money to the commissioner of141.24administration for an agreement with141.25Minnesota Power and Light Company to141.26develop and evaluate an electric141.27vehicle infrastructure with charging141.28stations for use between Duluth and St.141.29Paul, including installation of a141.30charging station at the state of141.31Minnesota central motor pool location.141.32This appropriation must be matched by141.33at least $30,000 of nonstate money.141.34(b)SUSTAINABLE DEVELOPMENT OF WIND 141.35 ENERGY ON FAMILY FARMS 200,000 141.36 This appropriation is from the oil 141.37 overcharge money to the commissioner of 141.38 administration for an agreement with 141.39 the sustainable resources center to 141.40 provide technical assistance and 141.41 technology transfer for the development 141.42 of wind energy harvesting. 141.43(c)(b) ONE-MEGAWATT HYBRID ELECTRICAL 141.44 GENERATION SIMULATION PROJECT 50,000 141.45 This appropriation is from the oil 141.46 overcharge money to the commissioner of 141.47 administration for an agreement with 142.1 Dan Mar & Associates in cooperation 142.2 with the agriculture utilization 142.3 research institute for a simulation 142.4 project using biofuel electrical 142.5 generation to firm up wind power to 142.6 provide electrical energy on demand. 142.7(d)(c) AVIAN POPULATION ANALYSIS FOR WIND 142.8 POWER GENERATION REGIONS 75,000 142.9 This appropriation is from the oil 142.10 overcharge money to the commissioner of 142.11 administration for an agreement with 142.12 American Wind Energy Association to 142.13 identify and assess significant avian 142.14 activity areas within identified wind 142.15 farm corridors in Minnesota. This 142.16 appropriation must be matched by at 142.17 least $75,000 of nonstate money. 142.18 This project must be completed and 142.19 final products delivered by December 142.20 31, 1997, and the appropriation is 142.21 available until that date. 142.22(e)(d) ENERGY IMPROVEMENTS IN PUBLIC 142.23 ICE ARENAS 470,000 142.24 This appropriation is from the oil 142.25 overcharge money to the commissioner of 142.26 administration for an agreement with 142.27 the Center for Energy and Environment 142.28 to assess, install, and evaluate energy 142.29 and indoor air quality improvements in 142.30 at least 25 publicly owned ice arenas 142.31 located throughout Minnesota. Projects 142.32 receiving funding from this 142.33 appropriation must be in compliance 142.34 with the indoor ice facilities prime 142.35 ice time and gender preference 142.36 requirements in Minnesota Statutes, 142.37 section 15.98. This appropriation is 142.38 for up to 50 percent of the cost of 142.39 retrofit activities. 142.40 Sec. 136. Laws 1996, chapter 463, section 7, subdivision 142.41 24, is amended to read: 142.42 Subd. 24. McQuade Public Access 500,000 142.43 For acquisition and development of a 142.44 public access on Lake Superior in the 142.45 city of Duluth, the town of Duluth, and 142.46 the town of Lakewood.This142.47appropriation must be matched by a142.48total of $350,000 from$200,000 of this 142.49 appropriation is available without 142.50 match and the remaining $300,000 is 142.51 available to the extent matched by the 142.52 iron range resources and rehabilitation 142.53 board and nonstate sources and is 142.54 contingent on sufficient land owned by 142.55 the cities and the town, the value of 142.56 which may not be applied as part of the 142.57 required match, being made available to 142.58 complete the project. 142.59 Sec. 137. [AGRICULTURAL IMPROVEMENTS; WIND ENERGY 142.60 CONVERSION FACILITY PILOT PROGRAM.] 143.1 Subdivision 1. [LOANS AUTHORIZED.] The Minnesota rural 143.2 finance authority shall establish a pilot program to participate 143.3 in loans to an eligible borrower through the agricultural 143.4 improvement loan program under Minnesota Statutes, section 143.5 41B.043, for wind energy conversion facilities. Except as 143.6 specifically provided in subdivision 2, all loans made under 143.7 this section must comply with Minnesota Statutes, chapter 41B. 143.8 Subd. 2. [LOAN PARTICIPATION; REPAYMENT; LIFETIME LIMIT 143.9 EXCLUSION.] Participation by the authority under this section is 143.10 limited to a total of $3,000,000. The authority is limited on a 143.11 particular loan to 45 percent of the principal amount or 143.12 $500,000, whichever is less. A loan must have a term of no more 143.13 than 20 years. Loans under this section must not be included in 143.14 the lifetime limitation calculated under Minnesota Statutes, 143.15 section 41B.03, subdivision 1. A loan origination fee of up to 143.16 one-half percent may be charged by the authority. 143.17 Subd. 3. [REPORT.] By January 15, 1999, the rural finance 143.18 authority must report to the senate committee on agriculture and 143.19 rural development, the senate environment and agriculture budget 143.20 division, the house committee on agriculture, and the house 143.21 committee on environmental finance on the status of loans made 143.22 under this pilot program. The report must include 143.23 recommendations on whether to make permanent changes to the 143.24 agricultural improvement loan program that allow for increased 143.25 participation by the state in wind energy conversion facility 143.26 loans. 143.27 Sec. 138. [PROTECTION OF SCENIC PINE FOREST AREA.] 143.28 The commissioner of natural resources shall negotiate with 143.29 the city of Duluth, the Duluth Airport Authority, and other 143.30 federal, state, and local parties to classify the land subject 143.31 to the 1939 conveyance to provide a level of protection 143.32 sufficient to ensure the continued ecological integrity of the 143.33 area and to prohibit further cutting of the scenic pine forest 143.34 area. 143.35 Sec. 139. [DEER WINTER SURVIVAL WORK GROUP.] 143.36 The section of wildlife of the department of natural 144.1 resources, representatives of the Minnesota Deer Hunters 144.2 Association, and representatives of other groups or individuals 144.3 interested in deer hunting and deer management in this state 144.4 shall meet as a work group to develop recommendations on deer 144.5 feeding and other deer management options to provide for 144.6 management of deer and deer winter survival in this state. 144.7 The work group shall develop a plan for deer management in 144.8 winter that provides recommendations on deer management and 144.9 feeding needs. The work group shall examine and make reports on 144.10 the following: 144.11 (1) when and where deer feeding may be appropriate; 144.12 (2) appropriate funding mechanisms, criteria, and delivery 144.13 systems when feeding is determined to be appropriate; 144.14 (3) other winter-related deer management needs and 144.15 practices, such as food plots, wintering area identification and 144.16 protection, deer yard improvement, browse regeneration, 144.17 openings, and other deer foraging areas; and 144.18 (4) needs for improving understanding of deer wintering 144.19 requirements and management practices. The work group shall 144.20 recommend any statutory changes or funding necessary to 144.21 accomplish those needs. 144.22 The work group shall operate on a consensus basis and shall 144.23 report its recommendations back to the house and senate 144.24 environment and natural resources committees, the house 144.25 environment and natural resources finance committee, and the 144.26 senate environment and agriculture budget division by January 144.27 15, 1998. 144.28 Sec. 140. [ELECTRONIC LICENSING; RETRAINING OF AFFECTED 144.29 STATE EMPLOYEES.] 144.30 (a) If any employees of the department of natural resources 144.31 are affected by the implementation of Minnesota Statutes, 144.32 section 84.027, subdivision 15, the commissioner shall meet and 144.33 negotiate with the exclusive representatives of the affected 144.34 employees. Bargaining under this section must have as its 144.35 purpose the achievement of the highest possible degree of public 144.36 service delivery to the citizens of Minnesota and the provision 145.1 of appropriate incentives to any affected state employees. 145.2 Incentives may include, but are not limited to, early retirement 145.3 incentives, negotiated options in place of layoffs, job training 145.4 and retraining opportunities, and enhanced severance. 145.5 (b) The commissioner and the representatives of any 145.6 employees affected by the implementation of Minnesota Statutes, 145.7 section 84.027, subdivision 15, shall determine the employee 145.8 training and retraining required for any employees affected by 145.9 Minnesota Statutes, section 84.027, subdivision 15. Employees 145.10 whose job duties are affected by Minnesota Statutes, section 145.11 84.027, subdivision 15, must be given the opportunity to take 145.12 part in training or retraining for new job duties. Employees 145.13 affected by Minnesota Statutes, section 84.027, subdivision 15, 145.14 must be trained or retrained for agency positions before new 145.15 hiring takes place. 145.16 Sec. 141. [SALE OF STATE FOREST LAND.] 145.17 (a) Notwithstanding Minnesota Statutes, section 89.01, 145.18 subdivision 5, the commissioner of natural resources may sell 145.19 school trust and acquired state land in the Richard J. Dorer 145.20 Memorial Hardwood State Forest described in this section in the 145.21 manner for sale of trust fund and acquired lands under Minnesota 145.22 Statutes, chapter 92 or 94. 145.23 (b) The land that may be sold is described as follows: 145.24 (1) Township 110 North, Range 12 West, Section 28, the 145.25 Southeast Quarter of the Southwest Quarter containing 40 acres 145.26 more or less and the Southwest Quarter of the Southeast Quarter 145.27 containing 40 acres more or less, in Wabasha County; 145.28 (2) Township 107 North, Range 8 West, Section 16, the 145.29 Northeast Quarter of the Southeast Quarter containing 40 acres 145.30 more or less, the Southwest Quarter of the Southeast Quarter 145.31 containing 40 acres more or less, in Winona County; 145.32 (3) Township 106 North, Range 5 West, Section 30, the 145.33 Southeast Quarter of the Southeast Quarter containing 40 acres 145.34 more or less, in Winona County; 145.35 (4) Township 106 North, Range 6 West, Section 36, the 145.36 Northeast Quarter of the Southeast Quarter containing 40 acres 146.1 more or less, in Winona County; and 146.2 (5) Township 104 North, Range 6 West, Section 6, the 146.3 Southwest Quarter of the Northwest Quarter containing 38.28 146.4 acres more or less, in Houston County. 146.5 Sec. 142. [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.] 146.6 (a) Notwithstanding Minnesota Statutes, section 92.45, the 146.7 commissioner of natural resources may sell the state trust fund 146.8 land bordering on public waters described in paragraph (c) in 146.9 accordance with the procedures in Minnesota Statutes, chapter 92. 146.10 (b) The conveyance shall be in a form approved by the 146.11 attorney general. 146.12 (c) The land that may be sold is located in Hubbard County 146.13 and is described as: that part of the Southeast Quarter of the 146.14 Southeast Quarter of Section 8, Township 144 North, Range 32 146.15 West, Hubbard County, Minnesota, lying easterly of the Necktie 146.16 River and northerly of the centerline of county state-aid 146.17 highway No. 16, containing up to 5 acres, more or less. 146.18 (d) The sale will result in the elimination of a trespass 146.19 situation with the adjacent landowner who built a house on the 146.20 property in 1989. 146.21 Sec. 143. [SALE OF STATE LAND IN OTTER TAIL COUNTY.] 146.22 (a) Notwithstanding the public sale requirements of 146.23 Minnesota Statutes, sections 94.09 and 94.10, the commissioner 146.24 of natural resources may sell by private sale, for a 146.25 consideration not less than its appraised value, the land 146.26 described in paragraph (c), under the remaining provisions of 146.27 Minnesota Statutes, chapter 94. 146.28 (b) The conveyance shall be in a form approved by the 146.29 attorney general. 146.30 (c) The land that may be sold is located in Otter Tail 146.31 County and is described as: all that part of the Southwest 146.32 Quarter of the Southeast Quarter of Section 22, Township 137, 146.33 Range 42, Otter Tail County, Minnesota described as follows: 146.34 beginning at the South Quarter corner of said Section 22; thence 146.35 on an assumed bearing of North 0 degrees 31 minutes 36 seconds 146.36 East along the west line of said Southwest Quarter of the 147.1 Southeast Quarter, a distance of 442.58 feet; thence South 19 147.2 degrees 29 minutes 47 seconds East a distance of 108.74 feet; 147.3 thence southeasterly on a tangential curve, concave to the 147.4 northeast, having a radius of 498.22 feet and a central angle of 147.5 69 degrees 43 minutes 29 seconds, for an arc distance of 606.30 147.6 feet to the easterly line of a tract of land described in Book 147.7 392 of Deeds, page 509, Office of the Otter Tail County 147.8 Recorder; thence South 10 degrees 03 minutes 49 seconds West 147.9 along said easterly line, a distance of 14.18 feet to the 147.10 southeast corner of said tract of land described in Book 392 of 147.11 Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds 147.12 West along the south line of said Section 22, a distance of 147.13 500.80 feet to the point of beginning, containing 1.44 acres 147.14 more or less, subject to easements and reservations of public 147.15 record, if any. The grantor, for itself, its successors and 147.16 assigns, reserves an easement for use and maintenance of the 147.17 existing ditch over and across the above described parcel, being 147.18 a strip of land 33 feet in width lying 16.5 feet on each side of 147.19 the centerline of the existing ditch running in a southwesterly 147.20 direction from the township road to the west line of said 147.21 Southwest Quarter of the Southeast Quarter. 147.22 (d) The commissioner has determined that the land is no 147.23 longer useful for any natural resource purpose, or any other 147.24 public purpose, and intends to sell this unneeded land to the 147.25 adjoining landowner to resolve an inadvertent trespass. 147.26 Sec. 144. [SALE OF STATE LAND IN CROW WING COUNTY.] 147.27 (a) Notwithstanding Minnesota Statutes, section 92.45, the 147.28 commissioner of natural resources may sell acquired state land 147.29 bordering public waters described in this section in accordance 147.30 with Minnesota Statutes, section 85.015, subdivision 1, 147.31 paragraph (b), and chapter 94. 147.32 (b) The land that may be sold is located in Crow Wing 147.33 County and is described as follows: 147.34 (1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa 147.35 Addition; and 147.36 (2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa 148.1 Addition. 148.2 Sec. 145. [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES 148.3 IN PINE COUNTY.] 148.4 (a) Notwithstanding Minnesota Statutes, section 92.45, the 148.5 commissioner of natural resources may sell the land described in 148.6 paragraph (b) to the city of Willow River in the manner 148.7 prescribed by Minnesota Statutes, section 84.027, subdivision 148.8 10. The conveyance must provide that the land revert to the 148.9 state of Minnesota should the land cease to be retained and 148.10 developed as Stanton Lake Park for public use. 148.11 (b) The land that may be sold is located in Pine county and 148.12 described as: 148.13 All that part of the following described tract: that part 148.14 of the Northeast Quarter of the Southwest Quarter of Section 2, 148.15 Township 44 North, Range 20 West, of the Fourth Principal 148.16 Meridian, situated in Pine County, described as follows: 148.17 beginning at a point on the east and west one quarter line of 148.18 Section 2 at the intersection with the easterly right-of-way 148.19 line of U.S. Highway No. 61; thence in a southerly direction 148.20 along said easterly right-of-way line of U.S. Highway No. 61 a 148.21 distance of 695 feet; thence in a northeasterly direction at an 148.22 angle of 60 degrees with the U.S. Highway No. 61 right-of-way 148.23 line for a distance of 410 feet to a point on the lake bank; 148.24 thence in a northeasterly direction at an angle of 153 degrees 148.25 35 minutes with the preceding line to the intersection with the 148.26 east and west one quarter line of Section 2, thence in a 148.27 westerly direction along said east and west one quarter line of 148.28 Section 2 to point of beginning, containing 5.81 acres, more or 148.29 less. 148.30 (c) This property was purchased for development of the 148.31 Stanton Lake dam. The state, its agents, and servants shall 148.32 retain ownership of the dam and retain perpetual access to the 148.33 dam via the existing road for the purposes of inspection, 148.34 maintenance, repair, or reconstruction. The state shall not be 148.35 held liable to make any immediate repairs on the dam. Such work 148.36 shall be based on availability of dam maintenance funds. The 149.1 land in this section is not needed for resource management and 149.2 has been declared surplus. It best serves the public interest 149.3 if this property is sold and proceeds used for acquisition of 149.4 other land. 149.5 Sec. 146. [HORSESHOE BAY LEASES.] 149.6 Subdivision 1. [DEFINITIONS.] (a) "Lessee" means a lessee 149.7 of lands leased under Minnesota Statutes, section 92.46, that 149.8 are located in Section 16, Township 62 North, Range 4 East, Cook 149.9 county, of record with the commissioner of natural resources as 149.10 of May 14, 1993. 149.11 (b) "New lease" means a lease issued after the effective 149.12 date of this act under the terms and conditions specified in 149.13 Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3, 149.14 except that the lease may be for a life term and is not 149.15 assignable or transferable and may not be amended to include 149.16 additional lessees. 149.17 Subd. 2. [OPTIONS FOR LESSEES.] (a) If requested in 149.18 writing by a lessee before January 1, 1998, the commissioner 149.19 shall, at the lessee's option: 149.20 (1) pay to the lessee the appraised value of the lessee's 149.21 improvements on the land and terminate the existing lease as of 149.22 the date of payment for improvements; or 149.23 (2) issue a new lease for the life of the lessee that 149.24 provides that when the lease term expires, the commissioner 149.25 shall pay to the lessee or a beneficiary that must be designated 149.26 in writing by the lessee the appraised value of the lessee's 149.27 improvements on the land. A lessee who elects this option may 149.28 elect to terminate the lease at any time during the term of the 149.29 lease in exchange for payment by the commissioner for the 149.30 appraised value of the lessee's improvements on the land. 149.31 (b) If the commissioner has not received written notice of 149.32 a lessee's election by January 1, 1998, the commissioner may 149.33 proceed under paragraph (a), clause (1). 149.34 (c) After the effective date of this section, no lessee 149.35 under paragraph (a), clause (2), shall construct or 149.36 substantially renovate a cabin or other structure during the 150.1 lease. 150.2 (d) The commissioner may use money appropriated from the 150.3 land acquisition account under Minnesota Statutes, section 150.4 94.165, for payments under paragraph (a). 150.5 (e) Notwithstanding Minnesota Statutes, section 92.46, 150.6 subdivision 1a, the commissioner may elect whether to amend the 150.7 leases in paragraph (a) to expand lot size to conform with 150.8 current shoreline standards. 150.9 Sec. 147. [PRIVATE SALE OF STATE LAND IN CLEARWATER 150.10 COUNTY.] 150.11 (a) Notwithstanding Minnesota Statutes, sections 92.45; 150.12 97A.135, subdivision 2a; and 282.01, subdivision 2; and the 150.13 public sale provisions of Minnesota Statutes, chapter 94, the 150.14 commissioner of natural resources may sell the land described in 150.15 paragraph (c) to the adjoining landowner for $1,000. 150.16 (b) The conveyance must be in a form approved by the 150.17 attorney general and must provide that: 150.18 (1) the land may not be sold for commercial use or be 150.19 developed into more than a two-family residence; and 150.20 (2) placement or construction of additional buildings or 150.21 structures on the land, including corrals and animal shelters or 150.22 pens, is prohibited. 150.23 (c) The land that may be sold is located in Clearwater 150.24 county and is described as follows: 150.25 That part of Government Lot 6, Section 18 Township 143 150.26 North, Range 37 West, Clearwater County, Minnesota, described as 150.27 follows: 150.28 Beginning at the northeast corner of Lot 1 Block 1 of 150.29 HIGHLAND VIEW, on file and of record in the office of the County 150.30 Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped 150.31 MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line 150.32 of said Lot 1 bears, assumed bearing, North 88 degrees 57 150.33 minutes 39 seconds West; thence North 80 degrees 50 minutes 33 150.34 seconds West 275.16 feet to a DNR MON; thence North 85 degrees 150.35 25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South 150.36 50 degrees 06 minutes 54 seconds West 68.17 feet to the north 151.1 line of said Lot 1 and a DNR MON; thence South 88 degrees 57 151.2 minutes 39 seconds East along the north line of said Lot 1 a 151.3 distance of 417.62 feet to the point of beginning, containing 151.4 0.23 acres. 151.5 (d) The sale authorized by this section would resolve an 151.6 inadvertent trespass consisting of the encroachment of a private 151.7 dwelling on state land. 151.8 (e) The sale authorized by this section is subject to the 151.9 following additional conditions: 151.10 (1) the costs of construction and maintenance of a boundary 151.11 fence are the sole responsibility of the purchaser; and 151.12 (2) the adjoining landowner shall reimburse the department 151.13 of natural resources for the cost of surveying the land and for 151.14 time spent by department staff relating to this land trespass 151.15 matter. 151.16 Sec. 148. [RULES.] 151.17 The pollution control agency may adopt rules incorporating 151.18 the amendments to Minnesota Statutes, section 116.07, made in 151.19 section 110 of this act under the good cause exemption in 151.20 Minnesota Statutes, section 14.388. 151.21 Sec. 149. [REPEALER.] 151.22 (a) Minnesota Statutes 1996, sections 18C.541, subdivision 151.23 6; 25.34; 115A.908, subdivision 3; 115B.223; 115B.224; 116.991; 151.24 116.992; and 296.02, subdivision 7a, are repealed. 151.25 (b) Laws 1995, chapter 220, section 21, is repealed. 151.26 Sec. 150. [EFFECTIVE DATE.] 151.27 Sections 32, 133 and 134 are effective on July 1, 1998. 151.28 Sections 24 and 84 are effective March 1, 1998.