1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
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 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, 1.44 subdivisions 4, as amended, and 11; and Laws 1996, 1.45 chapter 463, section 7, subdivision 24; proposing 1.46 coding for new law in Minnesota Statutes, chapters 4; 2.1 17; 25; 92; 94; 115; and 116; repealing Minnesota 2.2 Statutes 1996, sections 18C.541, subdivision 6; 25.34; 2.3 115A.908, subdivision 3; 115B.223; 115B.224; 116.991; 2.4 116.992; and 296.02, subdivision 7a; Laws 1995, 2.5 chapter 220, section 21. 2.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.7 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 2.8 The sums shown in the columns marked "APPROPRIATIONS" are 2.9 appropriated from the general fund, or another fund named, to 2.10 the agencies and for the purposes specified in this act, to be 2.11 available for the fiscal years indicated for each purpose. The 2.12 figures "1997," "1998," and "1999," where used in this act, mean 2.13 that the appropriation or appropriations listed under them are 2.14 available for the year ending June 30, 1997, June 30, 1998, or 2.15 June 30, 1999, respectively. 2.16 SUMMARY BY FUND 2.17 1997 1998 1999 TOTAL 2.18 General $500,000 $176,944,000 $171,785,000 $349,229,000 2.19 Petroleum Tank 3,335,000 3,385,000 6,720,000 2.20 State Government 2.21 Special Revenue 42,000 43,000 85,000 2.22 Special Revenue 11,433,000 11,438,000 22,871,000 2.23 Environmental 21,221,000 22,270,000 43,491,000 2.24 Metro Landfill 2.25 Contingency Trust 137,000 140,000 277,000 2.26 Solid Waste 6,376,000 6,526,000 12,902,000 2.27 Natural Resources 23,417,000 23,615,000 47,032,000 2.28 Game and Fish 55,589,000 57,876,000 113,465,000 2.29 Minnesota 2.30 Future Resources 14,664,000 -0- 14,664,000 2.31 Environmental Trust 23,120,000 -0- 23,120,000 2.32 Great Lakes 2.33 Protection 120,000 -0- 120,000 2.34 Oil Overcharge 150,000 -0- 150,000 2.35 TOTAL 500,000 336,548,000 297,078,000 634,726,000 2.36 APPROPRIATIONS 2.37 Available for the Year 2.38 Ending June 30 2.39 1998 1999 2.40 Sec. 2. POLLUTION CONTROL 2.41 AGENCY 2.42 Subdivision 1. Total 3.1 Appropriation 44,542,000 42,971,000 3.2 Summary by Fund 3.3 General 14,346,000 11,539,000 3.4 Petroleum Tank 3,335,000 3,385,000 3.5 State Government Special Revenue 42,000 43,000 3.6 Special Revenue 740,000 755,000 3.7 Environmental 19,666,000 20,683,000 3.8 Metro Landfill Contingency 137,000 140,000 3.9 Solid Waste 6,276,000 6,426,000 3.10 The amounts that may be spent from this 3.11 appropriation for each program are 3.12 specified in the following subdivisions. 3.13 Subd. 2. Protection of the Water 3.14 14,101,000 11,422,000 3.15 Summary by Fund 3.16 General 11,215,000 8,475,000 3.17 State Governmental 3.18 Special Revenue 42,000 43,000 3.19 Environmental 2,844,000 2,904,000 3.20 $1,946,000 the first year is for grants 3.21 to local units of government for the 3.22 clean water partnership program. Any 3.23 unencumbered balance remaining in the 3.24 first year does not cancel and is 3.25 available for the second year of the 3.26 biennium. 3.27 $515,000 the first year and $519,000 3.28 the second year are for the Minnesota 3.29 River nonpoint source pollution program 3.30 and must be matched by federal dollars. 3.31 Of this amount, $855,000 in each fiscal 3.32 year is for grants for county 3.33 administration of the feedlot permit 3.34 program. This amount is transferred to 3.35 the board of water and soil resources 3.36 for disbursement in accordance with 3.37 Minnesota Statutes, section 103B.3369, 3.38 in cooperation with the pollution 3.39 control agency. Grants must be matched 3.40 with a combination of local cash and/or 3.41 in-kind contributions. Counties 3.42 receiving these grants shall submit an 3.43 annual report to the pollution control 3.44 agency regarding activities conducted 3.45 under the grant, expenditures made, and 3.46 local match contributions. First 3.47 priority for funding shall be given to 3.48 counties that have requested and 3.49 received delegation from the pollution 3.50 control agency for processing of animal 3.51 feedlot permit applications under 3.52 Minnesota Statutes, section 116.07, 4.1 subdivision 7. Delegated counties 4.2 shall be eligible to receive a grant of 4.3 either: $30 multiplied by the number 4.4 of livestock or poultry farms with 4.5 sales greater than $10,000, as reported 4.6 in the 1992 Census of Agriculture, 4.7 published by the United States Bureau 4.8 of Census; or $35 multiplied by the 4.9 number of feedlots with greater than 4.10 ten animal units as determined by a 4.11 level 2 or level 3 feedlot inventory 4.12 conducted in accordance with the 4.13 Feedlot Inventory Guidebook published 4.14 by the board of water and soil 4.15 resources, dated June 1991. To receive 4.16 the additional funding that is based on 4.17 the county feedlot inventory, the 4.18 county shall submit a copy of the 4.19 inventory to the pollution control 4.20 agency. Any remaining money is for 4.21 distribution to all counties on a 4.22 competitive basis through the challenge 4.23 grant process for the conducting of 4.24 feedlot inventories, development of 4.25 delegated county feedlot programs, and 4.26 for information and education or 4.27 technical assistance efforts to reduce 4.28 feedlot-related pollution hazards. Any 4.29 money remaining after the first year is 4.30 available for the second year. 4.31 $200,000 is for a grant to the Red 4.32 river basin board to develop a Red 4.33 river basin plan that will aid in 4.34 coordinating water management 4.35 activities in the states and provinces 4.36 bordering the Red river. This 4.37 appropriation is only available to the 4.38 extent it is matched by an equal amount 4.39 from the state of North Dakota. This 4.40 appropriation is available until June 4.41 30, 1999. This appropriation is from 4.42 the base reduction in section 5, 4.43 subdivision 9. This is a one-time 4.44 appropriation. 4.45 $111,000 the first year and $113,000 4.46 the second year are for the operation 4.47 of water quality monitoring stations. 4.48 $102,000 the first year and $104,000 4.49 the second year are for water quality 4.50 statistical analysis. 4.51 $1,312,000 the first year and 4.52 $1,038,000 the second year are for 4.53 water monitoring activities. Of these 4.54 amounts, $550,000 the first year and 4.55 $300,000 the second year are for 4.56 payment of a grant to the metropolitan 4.57 council for monitoring of metro area 4.58 rivers and streams. 4.59 $273,000 the first year and $435,000 4.60 the second year are for community 4.61 technical assistance and education. 4.62 $200,000 the first year and $200,000 4.63 the second year are for individual 4.64 sewage treatment system (ISTS) 4.65 administration. $86,000 each year is 5.1 transferred to the board of water and 5.2 soil resources for assistance to local 5.3 units of government through competitive 5.4 grant programs for ISTS program 5.5 development. 5.6 $214,000 is for administration of the 5.7 wastewater infrastructure fund (WIF) 5.8 construction program. 5.9 Notwithstanding Laws 1994, chapter 617, 5.10 section 3, paragraph (b), the amount 5.11 spent of the $120,000 appropriation 5.12 from the environmental fund for the 5.13 ISTS program during the biennium ending 5.14 June 30, 1995, must be reimbursed to 5.15 the environmental fund no later than 5.16 June 30, 1999. 5.17 $140,000 the first year and $60,000 the 5.18 second year are for the investigation 5.19 of deformed frogs in Minnesota, and may 5.20 be used for cooperative arrangements 5.21 with federal agencies. 5.22 Subd. 3. Protection of the Air 5.23 7,810,000 8,573,000 5.24 Summary by Fund 5.25 Environmental 7,070,000 7,818,000 5.26 Special Revenue 740,000 755,000 5.27 Up to $150,000 in the first year and 5.28 $150,000 in the second year may be 5.29 transferred to the small business 5.30 environmental improvement loan account 5.31 established in Minnesota Statutes, 5.32 section 116.994. 5.33 $200,000 each year from the 5.34 environmental fund is for a monitoring 5.35 program under Minnesota Statutes, 5.36 section 116.454. 5.37 Subd. 4. Protection of the 5.38 Land 5.39 15,811,000 16,038,000 5.40 Summary by Fund 5.41 General 1,679,000 1,699,000 5.42 Petroleum Tank 2,744,000 2,785,000 5.43 Environmental 6,101,000 6,142,000 5.44 Metro Landfill 5.45 Contingency 129,000 132,000 5.46 Solid Waste 5,158,000 5,280,000 5.47 If the account balance is sufficient, 5.48 up to $3,100,000 the first year and up 5.49 to $3,300,000 the second year are 5.50 transferred from the motor vehicle 5.51 transfer account in the environmental 5.52 fund to the environmental response, 6.1 compensation, and compliance account in 6.2 the environmental fund and is 6.3 appropriated as provided in this 6.4 subdivision. 6.5 $800,000 the first year and $600,000 6.6 the second year are transferred from 6.7 the motor vehicle account in the 6.8 environmental fund to the snowmobile 6.9 trails and enforcement account in the 6.10 natural resources fund. 6.11 All money in the environmental 6.12 response, compensation, and compliance 6.13 account in the environmental fund not 6.14 otherwise appropriated is appropriated 6.15 to the commissioners of the pollution 6.16 control agency and the department of 6.17 agriculture for purposes of Minnesota 6.18 Statutes, section 115B.20, subdivision 6.19 2, clauses (1), (2), (3), (4), (11), 6.20 (12), and (13). At the beginning of 6.21 each fiscal year, the two commissioners 6.22 shall jointly submit an annual spending 6.23 plan to the commissioner of finance 6.24 that maximizes the utilization of 6.25 resources and appropriately allocates 6.26 the money between the two agencies. 6.27 This appropriation is available until 6.28 June 30, 1999. 6.29 Any unencumbered balance from the 6.30 metropolitan landfill contingency 6.31 action trust fund remaining in the 6.32 first year does not cancel but is 6.33 available for the second year. 6.34 $51,000 the first year and $52,000 the 6.35 second year are from the solid waste 6.36 fund for transfer to the commissioner 6.37 of revenue to enhance compliance and 6.38 collection of solid waste assessments. 6.39 The agency's annual performance reports 6.40 required for this biennium under 6.41 Minnesota Statutes, section 15.91, must 6.42 specify the amount of lead, mercury, 6.43 and cadmium contained in sewage 6.44 biosolids spread on the land after 6.45 wastewater treatment. 6.46 Subd. 5. General Support 6.47 6,820,000 6,938,000 6.48 Summary by Fund 6.49 General 1,452,000 1,365,000 6.50 Petroleum Tank 591,000 600,000 6.51 Environmental 3,651,000 3,819,000 6.52 Metro Landfill 6.53 Contingency 8,000 8,000 6.54 Solid Waste 1,118,000 1,146,000 6.55 Sec. 3. OFFICE OF ENVIRONMENTAL 6.56 ASSISTANCE 20,497,000 20,595,000 7.1 Summary by Fund 7.2 General 19,211,000 19,277,000 7.3 Environmental 1,286,000 1,318,000 7.4 $14,008,000 the first year and 7.5 $14,008,000 the second year are for the 7.6 SCORE block grants to counties. 7.7 Any unencumbered grant and loan 7.8 balances in the first year do not 7.9 cancel but are available for grants and 7.10 loans in the second year. 7.11 All money in the metropolitan landfill 7.12 abatement account in the environmental 7.13 fund not otherwise appropriated is 7.14 appropriated to the office of 7.15 environmental assistance for the 7.16 purposes of Minnesota Statutes, section 7.17 473.844. 7.18 Sec. 4. ZOOLOGICAL BOARD 7.19 Subdivision 1. Total 7.20 Appropriation 5,545,000 5,368,000 7.21 The amounts that may be spent from this 7.22 appropriation are specified in the 7.23 following subdivisions. 7.24 Subd. 2. Biological Programs 7.25 3,707,000 3,797,000 7.26 Subd. 3. Operations 7.27 4,879,000 4,692,000 7.28 $250,000 in the first year is for 7.29 computer systems. 7.30 Sec. 5. NATURAL RESOURCES 7.31 Subdivision 1. Total 7.32 Appropriation 175,362,000 178,181,000 7.33 Summary by Fund 7.34 General 96,287,000 96,622,000 7.35 Natural Resources 23,386,000 23,583,000 7.36 Game and Fish 55,589,000 57,876,000 7.37 Solid Waste 100,000 100,000 7.38 The amounts that may be spent from this 7.39 appropriation for each program are 7.40 specified in the following subdivisions. 7.41 Subd. 2. Mineral Resources Management 7.42 4,799,000 4,883,000 7.43 Summary by Fund 7.44 General 4,799,000 4,883,000 7.45 $311,000 the first year and $311,000 8.1 the second year are for iron ore 8.2 cooperative research, of which $225,000 8.3 the first year and $225,000 the second 8.4 year are available only as matched by 8.5 $1 of nonstate money for each $1 of 8.6 state money. Any unencumbered balance 8.7 remaining in the first year does not 8.8 cancel but is available for the second 8.9 year. 8.10 $376,000 the first year and $377,000 8.11 second year are for mineral 8.12 diversification. Any unencumbered 8.13 balance remaining in the first year 8.14 does not cancel but is available for 8.15 the second year. 8.16 $46,000 the first year and $47,000 the 8.17 second year are for minerals 8.18 cooperative environmental research, of 8.19 which $30,000 the first year and 8.20 $30,000 the second year are available 8.21 only as matched by $1 of nonstate money 8.22 for each $1 of state money. Any 8.23 unencumbered balance remaining in the 8.24 first year does not cancel but is 8.25 available for the second year. 8.26 Subd. 3. Water Resources Management 8.27 10,192,000 9,550,000 8.28 Summary by Fund 8.29 General 9,941,000 9,294,000 8.30 Natural Resources 251,000 256,000 8.31 $95,000 the first year and $95,000 the 8.32 second year are for a grant to the 8.33 Mississippi headwaters board for up to 8.34 50 percent of the cost of implementing 8.35 the comprehensive plan for the upper 8.36 Mississippi within areas under its 8.37 jurisdiction. 8.38 $17,000 the first year and $17,000 the 8.39 second year are for payment to the 8.40 Leech Lake Band of Chippewa Indians to 8.41 implement its portion of the 8.42 comprehensive plan for the upper 8.43 Mississippi. 8.44 The outstanding balance of the loan to 8.45 the city of Fridley for reconstruction 8.46 of the Locke Lake dam, that was 8.47 appropriated in Laws 1991, chapter 254, 8.48 article 1, section 5, subdivision 3, is 8.49 canceled and forgiven. 8.50 $70,000 the first year is for a grant 8.51 to the city of Granite Falls, not to 8.52 exceed 50 percent of the nonfederal 8.53 share of costs for restoration of the 8.54 banks of the Minnesota river within the 8.55 city limits. 8.56 $15,000 the first year and $15,000 the 8.57 second year are for a grant to the 8.58 joint powers board established under 8.59 Minnesota Statutes, section 471.59, for 9.1 the Lewis and Clark rural water 9.2 system. The joint powers board must 9.3 prepare an annual work plan that 9.4 identifies actions to be taken to 9.5 advance the Lewis and Clark project as 9.6 a continuing source of water to meet 9.7 water supply needs in the southwest 9.8 part of the state. The work plan must 9.9 include a report on the ongoing efforts 9.10 of member cities and rural water 9.11 systems to conserve water and protect 9.12 existing groundwater supplies. The 9.13 work plan is subject to review and 9.14 approval by the commissioner. This 9.15 appropriation is available to the 9.16 extent matched by an equal amount of 9.17 nonstate money. 9.18 Notwithstanding Minnesota Statutes, 9.19 section 103G.271, subdivision 6, 9.20 paragraph (g), all water appropriation 9.21 fees collected from July 1, 1997, to 9.22 July 1, 1999, shall be deposited in the 9.23 general fund. 9.24 $100,000 is for a mediation process 9.25 regarding flood damage reduction issues 9.26 in the Red river basin. The 9.27 commissioner, the Red River Watershed 9.28 Management Board, and additional 9.29 parties selected in an equal number by 9.30 the commissioner and by the board are 9.31 the parties to the mediation. All 9.32 parties to the mediation must consent 9.33 to the expenditure of any funds by the 9.34 commissioner for the mediation process. 9.35 $50,000 of this appropriation is from 9.36 the base reduction in subdivision 9. 9.37 This is a one-time appropriation. 9.38 $190,000 is for a grant to the city of 9.39 East Grand Forks for a river bank 9.40 stabilization project on the Red River 9.41 of the North and the Red Lake river. 9.42 The appropriation is available until 9.43 June 30, 1999, to the extent matched by 9.44 an equal amount of nonstate money. 9.45 $376,000 is for a grant to the city of 9.46 Marshall for its flood control 9.47 project. $70,000 is for the Lake 9.48 Charlotte project in Wright county. 9.49 Prior to these funds being made 9.50 available, the commissioner must ensure 9.51 that the project sponsor has held a 9.52 public hearing in each affected 9.53 watershed. 9.54 Subd. 4. Forest Management 9.55 33,376,000 33,690,000 9.56 Summary by Fund 9.57 General 32,933,000 33,238,000 9.58 Natural Resources 443,000 452,000 9.59 $3,500,000 the first year and 9.60 $3,500,000 the second year are for 9.61 presuppression and suppression costs of 10.1 emergency fire fighting. If the 10.2 appropriation for either year is 10.3 insufficient to cover all costs of 10.4 suppression, the amount necessary to 10.5 pay for emergency firefighting expenses 10.6 during the biennium is appropriated 10.7 from the general fund. If money is 10.8 spent under the appropriation in the 10.9 preceding sentence, the commissioner of 10.10 natural resources shall, by the 15th 10.11 day of the following month, report on 10.12 how the money was spent to the chairs 10.13 of the senate finance committee, the 10.14 house of representatives ways and means 10.15 committee, the finance division of the 10.16 senate environment and natural 10.17 resources committee, and the house of 10.18 representatives environment and natural 10.19 resources finance committee. The 10.20 appropriations may not be transferred. 10.21 $1,018,000 the first year and 10.22 $1,030,000 the second year are for 10.23 implementation of the activities under 10.24 Minnesota Statutes, chapter 89A. Up to 10.25 $240,000 the first year and $190,000 10.26 the second year are available for 10.27 grants to the University of Minnesota 10.28 College of Natural Resources' 10.29 Continuing Education Center, county 10.30 land departments for participation in 10.31 the Interagency Information 10.32 Cooperative, and for forest research 10.33 projects identified by the Minnesota 10.34 Forest Resources Council's Research 10.35 Advisory Committee. 10.36 By December 31, 1998, the council must 10.37 submit its fully integrated and 10.38 comprehensive timber harvest guidelines 10.39 to the senate environment and 10.40 agriculture budget division and the 10.41 house environment and natural resources 10.42 finance committee. 10.43 $200,000 is for grants to the counties 10.44 of Becker, Clearwater, and Hubbard for 10.45 reforestation, timber stand 10.46 improvements, aerial photography, and 10.47 new forest inventories in areas damaged 10.48 by windstorms in July 1995. The 10.49 appropriation is available until June 10.50 30, 1999. Of this amount, $22,000 is 10.51 for Becker county, $58,000 for Hubbard 10.52 county, and $120,000 for Clearwater 10.53 county. 10.54 $600,000 the first year and $600,000 10.55 the second year are for programs and 10.56 practices on state, county, and private 10.57 lands to regenerate and protect 10.58 Minnesota's white pine. Up to $280,000 10.59 of the appropriation in each year may 10.60 be used by the commissioner to provide 10.61 50 percent matching funds to implement 10.62 cultural practices for white pine 10.63 management on nonindustrial, private 10.64 forest lands at rates specified in the 10.65 Minnesota stewardship incentives 10.66 program manual. Up to $150,000 of the 10.67 appropriation in each year may be used 11.1 by the commissioner to provide funds to 11.2 implement cultural practices for white 11.3 pine management on county-administered 11.4 lands through grant agreements with 11.5 individual counties, with priorities 11.6 for areas that experienced wind damage 11.7 in July 1995. $40,000 each year is for 11.8 a study of the natural regeneration 11.9 process of white pine. The remainder 11.10 of the funds in each fiscal year will 11.11 be available to the commissioner for 11.12 white pine regeneration and protection 11.13 on department-administered lands. 11.14 $150,000 the first year and $150,000 11.15 the second year is appropriated to the 11.16 commissioner for a grant to the 11.17 University of Minnesota's College of 11.18 Natural Resources for research to 11.19 reduce the impact of blister rust on 11.20 Minnesota's white pine. 11.21 Subd. 5. Parks and Recreation 11.22 Management 11.23 25,869,000 26,281,000 11.24 Summary by Fund 11.25 General 25,238,000 25,649,000 11.26 Natural Resources 631,000 632,000 11.27 $631,000 the first year and $632,000 11.28 the second year are from the water 11.29 recreation account in the natural 11.30 resources fund for state park 11.31 development projects. If the 11.32 appropriation in either year is 11.33 insufficient, the appropriation for the 11.34 other year is available for it. 11.35 $2,619,000 the first year and 11.36 $2,619,000 the second year are for 11.37 payment of a grant to the metropolitan 11.38 council for metropolitan area regional 11.39 parks maintenance and operation. 11.40 Subd. 6. Trails and Waterways 11.41 Management 11.42 15,581,000 15,510,000 11.43 Summary by Fund 11.44 General 1,524,000 1,377,000 11.45 Natural Resources 12,778,000 13,082,000 11.46 Game and Fish 1,279,000 1,051,000 11.47 $5,252,000 the first year and 11.48 $5,252,000 the second year are from the 11.49 snowmobile trails and enforcement 11.50 account in the natural resources fund 11.51 for snowmobile grants-in-aid. 11.52 $252,000 the first year and $254,000 11.53 the second year are from the water 11.54 recreation account in the natural 11.55 resources fund for a safe harbor 12.1 program on Lake Superior. Any 12.2 unencumbered balance at the end of the 12.3 first year does not cancel and is 12.4 available for the second year. 12.5 $30,000 is for an upgrade of the horse 12.6 riding section of the Heartland trail 12.7 to permit use by snowmobiles equipped 12.8 with metal studs. 12.9 $142,000 is for a survey of trails in 12.10 state parks for accessibility to 12.11 persons with disabilities. This 12.12 appropriation is available for the 12.13 biennium. 12.14 The unobligated balance remaining in 12.15 the appropriation from the taconite 12.16 environmental protection fund, Laws 12.17 1996, chapter 407, section 3, to 12.18 acquire and develop the Iron Range 12.19 off-highway vehicle recreation area, 12.20 shall not cancel but be made available 12.21 until June 30, 1998. 12.22 Subd. 7. Fish and Wildlife Management 12.23 39,313,000 41,504,000 12.24 Summary by Fund 12.25 General 3,310,000 3,449,000 12.26 Natural Resources 2,013,000 2,048,000 12.27 Game and Fish 33,990,000 36,007,000 12.28 $305,000 in the first year and $310,000 12.29 in the second year are for resource 12.30 population surveys in the 1837 treaty 12.31 area. Of this amount, $104,000 in the 12.32 first year and $106,000 in the second 12.33 year are from the game and fish fund. 12.34 $923,000 the first year and $943,000 12.35 the second year are from the nongame 12.36 wildlife management account in the 12.37 natural resources fund for the purpose 12.38 of nongame wildlife management. Any 12.39 unencumbered balance remaining in the 12.40 first year does not cancel but is 12.41 available the second year. 12.42 $1,337,000 the first year and 12.43 $1,361,000 the second year are for the 12.44 reinvest in Minnesota programs of game 12.45 and fish, critical habitat, and 12.46 wetlands established under Minnesota 12.47 Statutes, section 84.95, subdivision 12.48 2. Any unencumbered balance for the 12.49 first year does not cancel but is 12.50 available for use the second year. 12.51 $1,110,000 the first year and 12.52 $1,117,000 the second year are from the 12.53 wildlife acquisition account for only 12.54 the purposes specified in Minnesota 12.55 Statutes, section 97A.071, subdivision 12.56 3. 12.57 $935,000 the first year and $956,000 13.1 the second year are from the deer 13.2 habitat improvement account for only 13.3 the purposes specified in Minnesota 13.4 Statutes, section 97A.075, subdivision 13.5 1, paragraph (b). 13.6 $60,000 the first year and $61,000 the 13.7 second year are from the deer and bear 13.8 management account for only the 13.9 purposes specified in Minnesota 13.10 Statutes, section 97A.075, subdivision 13.11 1, paragraph (c). 13.12 $130,000 the first year and $130,000 13.13 the second year are from the game and 13.14 fish fund for emergency deer feeding. 13.15 If 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 $200,000 is from the snowmobile trails 14.20 and enforcement account in the natural 14.21 resources fund for the purchase of 14.22 specialty equipment to increase the 14.23 effectiveness and safety of enforcement 14.24 of snowmobile laws and rules. 14.25 Subd. 9. Operations Support 14.26 27,272,000 27,826,000 14.27 Summary by Fund 14.28 General 15,492,000 15,740,000 14.29 Natural Resources 3,499,000 3,542,000 14.30 Game and Fish 8,281,000 8,544,000 14.31 The commissioner of natural resources 14.32 may contract with and make grants to 14.33 nonprofit agencies to carry out the 14.34 purposes, plans, and programs of the 14.35 office of youth programs, Minnesota 14.36 conservation corps. 14.37 The department shall submit to the 14.38 Minnesota office of technology for 14.39 review and approval of its plans for 14.40 offering consumer access through the 14.41 North Star world wide web site. 14.42 $100,000 is for a grant to the city of 14.43 Wabasha to be used for predesign and 14.44 design of the American Bald Eagle 14.45 Center. This appropriation is 14.46 available for the biennium ending June 14.47 30, 1999, and is available only as 14.48 matched by $1 of nonstate money for $1 14.49 of state money. 14.50 $100,000 is for a grant to independent 14.51 school district No. 621, Mounds View, 15.1 to renovate the Laurentian 15.2 Environmental Learning Center located 15.3 in the Superior National Forest. This 15.4 appropriation is available until June 15.5 30, 1998, to the extent matched by an 15.6 equal amount of nonstate money. 15.7 $20,000 is for a grant to the Hyde 15.8 House research and study center group 15.9 for repairs and construction of Hyde 15.10 House and a feasibility study relating 15.11 to proposed uses of Hyde House. This 15.12 appropriation is available until July 15.13 1, 1999, to the extent it is matched by 15.14 an equal amount of nonstate money. 15.15 None of the money appropriated to the 15.16 commissioner under this section may be 15.17 used for transfer to the office of 15.18 strategic and long-range planning. The 15.19 appropriations in this subdivision 15.20 reflect a reduction in the base of 15.21 $250,000. 15.22 Sec. 6. BOARD OF WATER AND 15.23 SOIL RESOURCES 15,491,000 15,411,000 15.24 $5,353,000 the first year and 15.25 $5,353,000 the second year are for 15.26 natural resources block grants to local 15.27 governments. Of this amount, $50,000 15.28 in each year is for a grant to the 15.29 north shore management board and 15.30 $35,000 in each year is for a grant to 15.31 the St. Louis River board. 15.32 The board shall reduce the amount of 15.33 the natural resource block grant to a 15.34 county by an amount equal to any 15.35 reduction in the county's general 15.36 services allocation to a soil and water 15.37 conservation district from the county's 15.38 1996 allocation. 15.39 Grants must be matched with a 15.40 combination of local cash or in-kind 15.41 contributions. The base grant portion 15.42 related to water planning must be 15.43 matched by an amount that would be 15.44 raised by a levy under Minnesota 15.45 Statutes, section 103B.3369. 15.46 $2,282,000 the first year and 15.47 $2,509,000 the second year are for 15.48 grants to soil and water conservation 15.49 districts for general purposes and for 15.50 implementation of the RIM conservation 15.51 reserve program. Upon approval of the 15.52 board, expenditures may be made from 15.53 these appropriations for supplies and 15.54 services benefiting soil and water 15.55 conservation districts. 15.56 $2,120,000 the first year and 15.57 $2,120,000 the second year are for 15.58 grants to soil and water conservation 15.59 districts for cost-sharing contracts 15.60 for erosion control and water quality 15.61 management. This appropriation is 15.62 available until expended. 16.1 $189,000 the first year and $189,000 16.2 the second year are for grants to 16.3 watershed districts and other local 16.4 units of government in the southern 16.5 Minnesota river basin study area 2 for 16.6 floodplain management. 16.7 Any unencumbered balance in the board's 16.8 program of grants does not cancel at 16.9 the end of the first year and is 16.10 available for the second year for the 16.11 same grant program. 16.12 $27,000 the first year and $27,000 the 16.13 second year are for a grant to the 16.14 southeast Minnesota water resources 16.15 board for administrative costs. This 16.16 appropriation is available only to the 16.17 extent it is matched by $1 of nonstate 16.18 money for each $1 of state money. 16.19 $90,000 the first year and $90,000 the 16.20 second year are for grants to soil and 16.21 water conservation districts to cover 16.22 the costs of contracting for technical 16.23 staff to implement activities under the 16.24 state revolving fund. 16.25 $250,000 is for completion of water 16.26 quality improvement projects with the 16.27 12 major watersheds of the Minnesota 16.28 river basin, to be available until June 16.29 30, 1999. The water quality 16.30 improvement projects must utilize 16.31 practices that are proven effective, 16.32 must have landowner support, and must 16.33 be prioritized by the Minnesota river 16.34 basin joint powers board and the board 16.35 of water and soil resources. The board 16.36 shall use this appropriation only for 16.37 those projects where the local 16.38 landowners and counties provide 50 16.39 percent of project costs in cash. 16.40 Sec. 7. AGRICULTURE 16.41 Subdivision 1. Total 16.42 Appropriation 28,989,000 26,406,000 16.43 Summary by Fund 16.44 General 18,227,000 15,654,000 16.45 Special Revenue 10,493,000 10,483,000 16.46 Environmental 269,000 269,000 16.47 The amounts that may be spent from this 16.48 appropriation for each program are 16.49 specified in the following subdivisions. 16.50 Subd. 2. Protection Service 16.51 18,579,000 17,790,000 16.52 Summary by Fund 16.53 General 8,073,000 7,179,000 16.54 Special Revenue 10,237,000 10,342,000 17.1 Environmental 269,000 269,000 17.2 $269,000 the first year and $269,000 17.3 the second year are from the 17.4 environmental response, compensation, 17.5 and compliance account in the 17.6 environmental fund. 17.7 $4,537,000 the first year and 17.8 $4,617,000 the second year are 17.9 appropriated from the pesticide 17.10 regulatory account established under 17.11 Minnesota Statutes, section 18B.05, for 17.12 administration and enforcement of 17.13 Minnesota Statutes, chapter 18B. 17.14 $995,000 the first year and $1,010,000 17.15 the second year are appropriated from 17.16 the fertilizer inspection account 17.17 established under Minnesota Statutes, 17.18 section 18C.131, for administration and 17.19 enforcement of Minnesota Statutes, 17.20 chapter 18C. 17.21 $50,000 the first year is from the 17.22 fertilizer account to provide a match 17.23 to the $150,000 appropriation from the 17.24 environmental trust fund to conduct 17.25 nitrate testing clinics. 17.26 $368,000 the first year and $368,000 17.27 the second year are appropriated from 17.28 the seed potato inspection fund 17.29 established under Minnesota Statutes, 17.30 section 21.115, for administration and 17.31 enforcement of Minnesota Statutes, 17.32 sections 21.111 to 21.122. 17.33 $727,000 the first year and $741,000 17.34 the second year are appropriated from 17.35 the seed inspection fund established 17.36 under Minnesota Statutes, section 17.37 21.92, for administration and 17.38 enforcement of Minnesota Statutes, 17.39 sections 21.80 to 21.92. 17.40 $731,000 the first year and $744,000 17.41 the second year are appropriated from 17.42 the commercial feed inspection account 17.43 established under Minnesota Statutes, 17.44 section 25.39, subdivision 4, for 17.45 administration and enforcement of 17.46 Minnesota Statutes, sections 25.35 to 17.47 25.44. 17.48 $530,000 the first year and $530,000 17.49 the second year are appropriated from 17.50 the fruit and vegetables inspection 17.51 account established under Minnesota 17.52 Statutes, section 27.07, subdivision 6, 17.53 for administration and enforcement of 17.54 Minnesota Statutes, section 27.07. 17.55 $1,975,000 the first year and 17.56 $2,008,000 the second year are 17.57 appropriated from the dairy services 17.58 account established under Minnesota 17.59 Statutes, section 32.394, subdivision 17.60 9, and $160,000 each year is 17.61 appropriated from the general fund for 17.62 the purpose of dairy services under 18.1 Minnesota Statutes, chapter 32. 18.2 $324,000 the first year and $324,000 18.3 the second year are appropriated from 18.4 the livestock weighing fund established 18.5 under Minnesota Statutes, section 18.6 17A.11, for the purpose of livestock 18.7 weighing costs under Minnesota 18.8 Statutes, chapter 17A. 18.9 $960,000 the first year and $40,000 the 18.10 second year are for grants to dairy 18.11 diagnostic teams to provide 18.12 technologies and farming practices 18.13 applicable to dairy farms to enhance 18.14 the financial success and long-term 18.15 profitability and sustainability of 18.16 dairy farms in the state, regardless of 18.17 herd size. The commissioner shall 18.18 include information on options for 18.19 organic farming and rotational 18.20 grazing. The teams must provide the 18.21 service at a reasonable cost to the 18.22 dairy farmer. 18.23 $25,000 each year is for the Minnesota 18.24 dairy producers and consumers board, 18.25 established under Minnesota Statutes, 18.26 section 17.76. 18.27 $53,000 the first year and $53,000 the 18.28 second year are for payment of claims 18.29 relating to livestock damaged by 18.30 threatened or endangered animal species 18.31 and agricultural crops damaged by elk. 18.32 If the appropriation for either year is 18.33 insufficient, the appropriation for the 18.34 other year is available for it. 18.35 $122,000 is transferred to the seed 18.36 potato inspection fund and must be used 18.37 for the administration and enforcement 18.38 of Minnesota Statutes, sections 21.80 18.39 to 21.92. 18.40 Subd. 3. Agricultural Marketing and Development 18.41 3,375,000 3,110,000 18.42 Summary by Fund 18.43 General 3,119,000 2,969,000 18.44 Special Revenue 256,000 141,000 18.45 Notwithstanding Minnesota Statutes, 18.46 section 41A.09, subdivision 3, the 18.47 total payments from the ethanol 18.48 development account to all producers 18.49 may not exceed $49,651,000 for the 18.50 biennium ending June 30, 1999. If the 18.51 total amount for which all producers 18.52 are eligible in a quarter exceeds the 18.53 amount available for payments, the 18.54 commissioner shall make the payments on 18.55 a pro rata basis. In fiscal year 1998, 18.56 the commissioner shall first reimburse 18.57 producers for eligible unpaid claims 18.58 accumulated through June 30, 1997. As 18.59 cash flow in the ethanol development 18.60 fund under Minnesota Statutes, section 19.1 41B.044, permits, but no later than 19.2 June 30, 1999, the commissioner of 19.3 finance, in consultation with the 19.4 commissioner of agriculture, shall 19.5 transfer from the unencumbered balance 19.6 in the fund to the general fund the 19.7 amount necessary to reimburse producers 19.8 for eligible unpaid claims accumulated 19.9 through June 30, 1997. The amounts 19.10 transferred are added to the limits on 19.11 the appropriation in this paragraph. 19.12 $100,000 the first year and $100,000 19.13 the second year are for ethanol 19.14 promotion and public education. 19.15 $71,000 the first year and $71,000 the 19.16 second year are for transfer to the 19.17 Minnesota grown matching account and 19.18 may be used as grants for Minnesota 19.19 grown promotion under Minnesota 19.20 Statutes, section 17.109. 19.21 $141,000 the first year and $141,000 19.22 the second year are from the 19.23 commodities research and promotion 19.24 account in the special revenue fund. 19.25 $115,000 is from the Minnesota 19.26 conservation fund, established in 19.27 Minnesota Statutes, section 40A.151, to 19.28 the commissioner of agriculture to 19.29 provide a match to the $100,000 19.30 appropriation from the future resources 19.31 fund to evaluate the effectiveness of 19.32 Minnesota's agricultural land 19.33 preservation programs, make 19.34 recommendations for statutory and 19.35 programmatic improvements, and identify 19.36 and quantify fiscal impacts of urban 19.37 sprawl. 19.38 $76,000 the first year and $77,000 the 19.39 second year are for development and 19.40 promotion of integrated pest management 19.41 in an urban environment. The urban 19.42 integrated pest management development 19.43 and promotion program must be 19.44 coordinated with Metropolitan State 19.45 University. 19.46 $80,000 the first year and $80,000 the 19.47 second year are for grants to farmers 19.48 for demonstration projects involving 19.49 sustainable agriculture. If a project 19.50 cost is more than $25,000, the amount 19.51 above $25,000 must be cost-shared at a 19.52 state-applicant ratio of one to one. 19.53 Priorities must be given for projects 19.54 involving multiple parties. Up to 19.55 $20,000 each year may be used for 19.56 dissemination of information about the 19.57 demonstration grant projects. If the 19.58 appropriation for either year is 19.59 insufficient, the appropriation for the 19.60 other is available. 19.61 $200,000 is for grants under Minnesota 19.62 Statutes, section 17.101, subdivision 5. 19.63 Subd. 4. Administration and 20.1 Financial Assistance 20.2 7,035,000 5,506,000 20.3 Summary by Fund 20.4 General 7,035,000 5,506,000 20.5 $100,000 the first year and $100,000 20.6 the second year must be spent for the 20.7 WIC coupon program. 20.8 $50,000 the first year and $50,000 the 20.9 second year are for dairy policy 20.10 studies and federal milk marketing 20.11 order reform. 20.12 $115,000 the first year and $99,000 the 20.13 second year are for family farm 20.14 security interest payment adjustments. 20.15 If the appropriation for either year is 20.16 insufficient, the appropriation for the 20.17 other year is available for it. No new 20.18 loans may be approved in fiscal year 20.19 1998 or 1999. 20.20 $201,000 the first year and $202,000 20.21 the second year are for the family farm 20.22 advocacy program. 20.23 $70,000 the first year and $70,000 the 20.24 second year are for the Northern Crops 20.25 Institute. These appropriations may be 20.26 spent to purchase equipment and are 20.27 available until spent. 20.28 $150,000 the first year and $150,000 20.29 the second year are for grants to 20.30 agriculture information centers. The 20.31 grants are only available on a match 20.32 basis. The funds may be released at 20.33 the rate of $4 of state money for each 20.34 $1 of matching nonstate money that is 20.35 raised. 20.36 $100,000 is for a grant to the 20.37 University of Minnesota for a farm 20.38 safety outreach program. The program 20.39 must be designed to provide specialized 20.40 health and safety information and 20.41 training to targeted at-risk 20.42 individuals and groups. 20.43 $115,000 the first year and $115,000 20.44 the second year are for the seaway port 20.45 authority of Duluth. 20.46 $19,000 the first year and $19,000 the 20.47 second year is for a grant to the 20.48 Minnesota livestock breeder's 20.49 association. 20.50 $50,000 the first year and $50,000 the 20.51 second year are for the Passing on the 20.52 Farm Center under Minnesota Statutes, 20.53 section 17.985. This appropriation is 20.54 available only to the extent matched 20.55 with nonstate money. 20.56 $200,000 the first year and $200,000 20.57 the second year are to develop a 21.1 scientific data base on odor from 21.2 feedlots, conduct research on 21.3 biofilters as odor suppressants, and 21.4 evaluate composting and drainage 21.5 systems for effectiveness. This is a 21.6 one-time appropriation. 21.7 $270,000 is for research and 21.8 development of: (1) an odor rating 21.9 system that compares odor levels of 21.10 livestock production facilities based 21.11 on the species of livestock, livestock 21.12 housing, manure management systems, and 21.13 other factors that contribute to odor 21.14 levels; (2) recommended setback 21.15 requirements for livestock production 21.16 facilities based on the odor rating 21.17 system developed in clause (1); and (3) 21.18 best management practices to control 21.19 livestock odor with priority on the 21.20 development of practices that control 21.21 odor as much as economically feasible 21.22 during seasonal and other periods of 21.23 peak odor levels. This appropriation is 21.24 available until June 30, 1999. 21.25 $1,250,000 the first year and 21.26 $1,250,000 the second year are for an 21.27 electronic information management 21.28 system. In addition to this 21.29 appropriation, up to $250,000 each year 21.30 may be expended from the agency 21.31 indirect cost account and allocated 21.32 through the agency's indirect cost 21.33 plan. Payment of the allocation is 21.34 waived for any account if the payment 21.35 will cause fees to be increased. 21.36 $1,000,000 is to create and administer 21.37 a "Minnesota grown" coupon program to 21.38 provide food coupons to individuals and 21.39 families eligible for at least $50 per 21.40 month from the temporary hunger 21.41 prevention and community development 21.42 initiative program. 35 percent of the 21.43 total benefit an individual or family 21.44 is eligible for under the temporary 21.45 hunger prevention and community 21.46 development initiative shall be issued 21.47 each month by the commissioner as 21.48 coupons, except that the amount of 21.49 coupons issued must be rounded up to 21.50 the nearest $5 and not exceed $100 nor 21.51 be less than $20. 21.52 The commissioner of human services must 21.53 provide to the commissioner of 21.54 agriculture the names of the heads of 21.55 households who are eligible for the 21.56 "Minnesota grown" coupon program, their 21.57 addresses, the amount of coupons to be 21.58 issued to the household, and any other 21.59 information necessary to ensure the 21.60 administrative efficiency of the 21.61 "Minnesota grown" coupon program. 21.62 Eligibility for the temporary hunger 21.63 prevention and community development 21.64 initiative program, and the amount of 21.65 the benefit to be issued in "Minnesota 21.66 grown" coupons must be determined by 22.1 county agencies according to the 22.2 eligibility criteria in the health and 22.3 human services 1997 omnibus 22.4 appropriation bill. 22.5 The coupons must be clearly labeled as 22.6 redeemable only for products licensed 22.7 to use the "Minnesota grown" logo or 22.8 labeling statement under Minnesota 22.9 Statutes, section 17.102. Coupons may 22.10 be redeemed by farmers, custom meat 22.11 processors, community-supported 22.12 agriculture farms, grocery stores, and 22.13 retailers. The person accepting the 22.14 coupon is responsible for its 22.15 redemption only on products licensed to 22.16 use the "Minnesota grown" logo or 22.17 labeling statement. 22.18 The commissioner may establish criteria 22.19 for vendor eligibility and may enforce 22.20 the "Minnesota grown" coupon program 22.21 according to Minnesota Statutes, 22.22 sections 17.982 to 17.984. 22.23 The commissioner shall report on the 22.24 "Minnesota grown" coupon program by 22.25 January 15, 1998, to the house of 22.26 representatives agriculture committee, 22.27 the senate agriculture and rural 22.28 development committee, the house 22.29 environment and natural resources 22.30 finance committee, and the senate 22.31 environment and agriculture budget 22.32 division. 22.33 $100,000 is for a grant to the Central 22.34 Lakes Agricultural Center for 22.35 continuation and expansion of research 22.36 on potato blight. 22.37 $50,000 is for beaver damage control 22.38 grants for the purposes of Minnesota 22.39 Statutes, section 17.110. 22.40 $100,000 is for transfer to the public 22.41 utilities commission for costs related 22.42 to the duties of the commission and the 22.43 team of science advisors established 22.44 under Laws 1994, chapter 573, as 22.45 amended. 22.46 Sec. 8. BOARD OF ANIMAL HEALTH 2,259,000 2,303,000 22.47 Sec. 9. MINNESOTA-WISCONSIN 22.48 BOUNDARY AREA COMMISSION 172,000 177,000 22.49 Summary by Fund 22.50 General 141,000 145,000 22.51 Natural Resources 31,000 32,000 22.52 This appropriation is only available to 22.53 the extent it is matched by an equal 22.54 amount from the state of Wisconsin. 22.55 $31,000 the first year and $32,000 the 22.56 second year are from the water 22.57 recreation account in the natural 22.58 resources fund for the St. Croix 23.1 management and stewardship program. 23.2 Sec. 10. CITIZEN'S COUNCIL ON 23.3 VOYAGEURS NATIONAL PARK 63,000 64,000 23.4 Sec. 11. SCIENCE MUSEUM 23.5 OF MINNESOTA 1,136,000 1,164,000 23.6 Sec. 12. MINNESOTA ACADEMY 23.7 OF SCIENCE 36,000 36,000 23.8 Sec. 13. MINNESOTA HORTICULTURAL 23.9 SOCIETY 72,000 72,000 23.10 Sec. 14. AGRICULTURAL UTILIZATION 23.11 RESEARCH INSTITUTE 4,330,000 4,330,000 23.12 Summary by Fund 23.13 General 4,130,000 4,130,000 23.14 Special Revenue 200,000 200,000 23.15 $200,000 the first year and $200,000 23.16 the second year are for hybrid tree 23.17 management research and development of 23.18 an implementation plan for establishing 23.19 hybrid tree plantations in the state. 23.20 This appropriation is available to the 23.21 extent matched by $2 of nonstate 23.22 contributions, either cash or in kind, 23.23 for each $1 of state money. This shall 23.24 be added to the agency base. 23.25 Sec. 15. 1997 DEFICIENCIES; 23.26 DEPARTMENT OF NATURAL RESOURCES 500,000 23.27 $500,000 in fiscal year 1997 is for a 23.28 binding arbitration award related to 23.29 the removal of the Flandrau Dam. 23.30 $600,000 is for snowmobile 23.31 grants-in-aid from the snowmobile 23.32 trails and enforcement account for 23.33 fiscal year 1997, to be available until 23.34 June 30, 1997. 23.35 Sec. 16. MINNESOTA RESOURCES 23.36 Subdivision 1. Total 23.37 Appropriation 38,054,000 23.38 Summary by Fund 23.39 Minnesota Future 23.40 Resources Fund 14,664,000 23.41 Environment and 23.42 Natural Resources 23.43 Trust Fund 23,120,000 23.44 Great Lakes Protection 23.45 Account 120,000 23.46 Oil Overcharge 23.47 Money in the Special 23.48 Revenue Fund 150,000 23.49 Unless otherwise provided, the amounts 23.50 in this section are available until 23.51 June 30, 1999, when projects must be 24.1 completed and final products delivered. 24.2 Subd. 2. Definitions 24.3 (a) "Future resources fund" means the 24.4 Minnesota future resources fund 24.5 referred to in Minnesota Statutes, 24.6 section 116P.13. 24.7 (b) "Trust fund" means the Minnesota 24.8 environment and natural resources trust 24.9 fund referred to in Minnesota Statutes, 24.10 section 116P.02, subdivision 6. 24.11 (c) "Great lakes protection account" 24.12 means the account referred to in 24.13 Minnesota Statutes, section 116Q.02. 24.14 (d) "Oil overcharge money" means the 24.15 money referred to in Minnesota 24.16 Statutes, section 4.071, subdivision 2. 24.17 Subd. 3. Legislative Commission 24.18 on Minnesota Resources 776,000 24.19 $304,000 of this appropriation is from 24.20 the future resources fund and $472,000 24.21 is from the trust fund, pursuant to 24.22 Minnesota Statutes, section 116P.09, 24.23 subdivision 5. 24.24 Subd. 4. Recreation 24.25 (a) STATE PARK AND RECREATION AREA 24.26 ACQUISITION, DEVELOPMENT, BETTERMENT, 24.27 AND REHABILITATION 3,500,000 24.28 This appropriation is from the trust 24.29 fund to the commissioner of natural 24.30 resources as follows: (1) for state 24.31 park and recreation area acquisition, 24.32 $2,500,000; and (2) for state park and 24.33 recreation area development, 24.34 rehabilitation, and resource 24.35 management, $1,000,000, unless 24.36 otherwise specified in the approved 24.37 work program. The use of the Minnesota 24.38 conservation corps is encouraged. The 24.39 commissioner must submit grant requests 24.40 for supplemental funding for federal 24.41 ISTEA money in eligible categories and 24.42 report the results to the legislative 24.43 commission on Minnesota resources. 24.44 This project must be completed and 24.45 final products delivered by June 30, 24.46 2000, and the appropriation is 24.47 available until that date. 24.48 (b) METROPOLITAN REGIONAL PARK 24.49 SYSTEM 3,500,000 24.50 This appropriation is from the trust 24.51 fund for payment by the commissioner of 24.52 natural resources to the metropolitan 24.53 council for subgrants for acquisition, 24.54 development and rehabilitation in the 24.55 metropolitan regional park system 24.56 consistent with the metropolitan 24.57 council regional recreation open space 24.58 capital improvement plan. This 24.59 appropriation may be used for the 25.1 purchase of homes only if the purchases 25.2 are expressly included in the work 25.3 program approved by the legislative 25.4 commission on Minnesota resources. The 25.5 metropolitan council shall collect and 25.6 digitize all local, regional, state and 25.7 federal parks and all off-road trails 25.8 with connecting on-road routes for the 25.9 Metropolitan area and produce a printed 25.10 map. This project must be completed 25.11 and final products delivered by June 25.12 30, 2000, and the appropriation is 25.13 available until that date. 25.14 (c) LOCAL INITIATIVES GRANTS 25.15 PROGRAM 2,900,000 25.16 This appropriation is from the future 25.17 resources fund to the commissioner of 25.18 natural resources to provide matching 25.19 grants, as follows: 25.20 (1) $600,000 to local units of 25.21 government for local park and 25.22 recreation areas pursuant to Minnesota 25.23 Statutes, section 85.019. $50,000 of 25.24 this appropriation is to complete the 25.25 Larue public water access. 25.26 (2) $600,000 to local units of 25.27 government for natural and scenic areas 25.28 pursuant to Minnesota Statutes, section 25.29 85.019. 25.30 (3) $900,000 for trail grants to local 25.31 units of government on land to be 25.32 maintained for at least 20 years for 25.33 the purposes of the grant. $200,000 is 25.34 for grants of up to $50,000 per project 25.35 for trail linkages between communities, 25.36 trails, and parks, and $700,000 is for 25.37 grants of up to $250,000 for locally 25.38 funded trails of regional 25.39 significance. $250,000 is to provide 25.40 matching funds for an ISTEA grant to 25.41 provide easement acquisition and 25.42 engineering costs for a proposed trail 25.43 between the city of Pelican Rapids and 25.44 Maplewood state park. 25.45 (4) $600,000 for a statewide 25.46 conservation partners program, to 25.47 encourage private organizations and 25.48 local governments to cost share 25.49 improvement of fish, wildlife, and 25.50 native plant habitats and research and 25.51 surveys of fish and wildlife. 25.52 Conservation partners grants may be up 25.53 to $10,000 each. 25.54 (5) $200,000 for environmental 25.55 partnerships program grants of up to 25.56 $10,000 each for environmental service 25.57 projects and related education 25.58 activities through public and private 25.59 partnerships. 25.60 In addition to the required work 25.61 program, grants may not be approved 25.62 until grant proposals to be funded have 25.63 been submitted to the legislative 26.1 commission on Minnesota resources and 26.2 the commission has approved the grants 26.3 or allowed 60 days to pass. The above 26.4 appropriations, in combination, are 26.5 available half for the metropolitan 26.6 area as defined in Minnesota Statutes, 26.7 section 473.121, subdivision 2, and 26.8 half for outside of the metropolitan 26.9 area. For the purpose of this 26.10 paragraph, the match must be nonstate 26.11 contributions, but may be either cash 26.12 or in-kind. This project must be 26.13 completed and final products delivered 26.14 by June 30, 2000, and the appropriation 26.15 is available until that date. 26.16 (d) BORDER-TO-BORDER TRAIL 26.17 STUDY 100,000 26.18 This appropriation is from the trust 26.19 fund to the commissioner of natural 26.20 resources for the border-to-border 26.21 trail study of the trails and waterways 26.22 division. The border-to-border trail 26.23 study shall inventory and integrate 26.24 local, regional, and state trail 26.25 systems and plan for future 26.26 development, including identifying 26.27 abandoned rail lines and dual 26.28 treadways. The Minnesota recreational 26.29 trail users association (MURTA) shall 26.30 serve as the advisory group to the 26.31 department of natural resources in 26.32 developing the study and plan. The 26.33 appropriation is available until June 26.34 30, 1999. 26.35 Subd. 5. Historic Sites 26.36 (a) FORT SNELLING STATE PARK - UPPER 26.37 BLUFF UTILIZATION AND AYH HOSTEL 250,000 26.38 This appropriation is from the future 26.39 resources fund to the commissioner of 26.40 natural resources for a cooperative 26.41 project with Hostelling International 26.42 and community cooperators to develop a 26.43 conceptual utilization plan for the 26.44 Upper Bluff Area, assess buildings for 26.45 potential hostel use, and complete the 26.46 design and construction documents for a 26.47 building or buildings for future 26.48 renovation as a hostel. This 26.49 appropriation must be matched by at 26.50 least $20,000 of nonstate money. 26.51 (b) PROTECTING RURAL HISTORIC 26.52 LANDSCAPES IN HIGH DEVELOPMENT AREAS 80,000 26.53 This appropriation is from the trust 26.54 fund to the Minnesota Historical 26.55 Society to document resources and 26.56 prepare a management plan for 26.57 historical agricultural landscapes in 26.58 the St. Cloud-Rochester growth corridor. 26.59 (c) JEFFERS PETROGLYPHS ENVIRONMENTAL 26.60 ASSESSMENT AND PRAIRIE RESTORATION 125,000 26.61 This appropriation is from the future 26.62 resources fund to the Minnesota 27.1 Historical Society to establish an 27.2 environmental monitoring program and 27.3 assess environmental effects on the 27.4 petroglyphs and restore native prairie 27.5 to parts of this state site. 27.6 (d) MILL RUINS PARK ARCHAEOLOGICAL 27.7 INVESTIGATION AND FEASIBILITY STUDY 75,000 27.8 This appropriation is from the future 27.9 resources fund to the Minnesota 27.10 Historical Society for an agreement 27.11 with the Minneapolis Park and 27.12 Recreation Board for archaeological 27.13 investigations of the 19th-century 27.14 mills along the central river front to 27.15 assess the feasibility of developing an 27.16 interpretive park. This appropriation 27.17 must be matched by at least $75,000 of 27.18 nonstate money. 27.19 (e) PLANNING AND ASSESSMENT OF SMALL 27.20 HISTORIC SITES 200,000 27.21 This appropriation is from the future 27.22 resources fund to the Minnesota 27.23 Historical Society for the development 27.24 of master plans and archaeological 27.25 reconnaissance at the Comstock House, 27.26 Folsom House, Mayo House, and Harkin 27.27 Store state historic sites. 27.28 (f) DEVELOPMENT OF BIRCH COULEE STATE 27.29 HISTORIC SITE 270,000 27.30 This appropriation is from the trust 27.31 fund to the Minnesota Historical 27.32 Society to improve public access to the 27.33 state historic site at Birch Coulee, 27.34 with self-guided trails, interpretive 27.35 markers, and basic visitor amenities. 27.36 (g) WENDELIN AND JULIANNA GRIMM FARM 27.37 RESTORATION 200,000 27.38 This appropriation is from the future 27.39 resources fund to the Minnesota 27.40 Historical Society for an agreement 27.41 with Hennepin Parks to begin to 27.42 stabilize and restore the Grimm Farm. 27.43 This appropriation must be matched by 27.44 at least $200,000 of nonstate money. 27.45 (h) WHITE OAK LEARNING CENTER 27.46 ENVIRONMENTAL AWARENESS 27.47 THROUGH HISTORY 125,000 27.48 This appropriation is from the future 27.49 resources fund to the commissioner of 27.50 natural resources for an agreement with 27.51 the White Oak Society, Inc., to create 27.52 an education program integrating 27.53 environmental education into 27.54 historical, cultural, and social 27.55 contexts. 27.56 (i) HISTORICAL AND CULTURAL MUSEUM ON 27.57 VERMILION LAKE INDIAN RESERVATION 100,000 27.58 This appropriation is from the future 27.59 resources fund to the Minnesota 28.1 Historical Society for an agreement 28.2 with Bois Forte Reservation to design 28.3 and construct a historical museum for 28.4 cultural interpretation adjacent to an 28.5 historic gold mine and fur trade post 28.6 on Lake Vermilion. As an additional 28.7 condition of acceptance of this 28.8 appropriation, this facility may not be 28.9 used for any form of gambling or the 28.10 promotion of gambling. This 28.11 appropriation must be matched by at 28.12 least $100,000 of nonstate money. 28.13 (j) NATIVE AMERICAN PERSPECTIVE OF 28.14 THE HISTORIC NORTH SHORE 60,000 28.15 This appropriation is from the future 28.16 resources fund to the Minnesota 28.17 Historical Society for an agreement 28.18 with the Sugarloaf Interpretive Center 28.19 Association for an interpretive study 28.20 of Native Americans on the North Shore 28.21 of Lake Superior in cooperation with 28.22 Native American bands. This 28.23 appropriation must be matched by at 28.24 least $30,000 of nonstate money. 28.25 (k) CHILDREN'S MUSEUM AT JUDY 28.26 GARLAND BIRTHPLACE 200,000 28.27 This appropriation is from the future 28.28 resources fund to the commissioner of 28.29 natural resources for an agreement with 28.30 the Judy Garland Children's Museum to 28.31 assist in the design and construction 28.32 of a children's museum. This 28.33 appropriation must be matched by at 28.34 least $1,275,000 of nonstate money 28.35 committed by June 30, 1998. 28.36 (l) SOUDAN UNDERGROUND PHYSICS 28.37 LABORATORY EXPANSION 400,000 28.38 This appropriation is from the future 28.39 resources fund to the University of 28.40 Minnesota to assist in the construction 28.41 of the Soudan Mine facilities for 28.42 scientific interpretation. 28.43 Subd. 6. Water Resources 28.44 (a) ON-SITE SEWAGE TREATMENT 28.45 ALTERNATIVES AND TECHNOLOGY 28.46 TRANSFER 500,000 28.47 This appropriation is from the future 28.48 resources fund to the pollution control 28.49 agency for the second biennium to 28.50 evaluate alternative on-site sewage 28.51 treatment systems for cost-effective 28.52 removal of pathogenic bacteria, viruses 28.53 and nutrients. 28.54 (b) NITRATE EDUCATION AND TESTING 150,000 28.55 This appropriation is from the trust 28.56 fund to the commissioner of agriculture 28.57 to accelerate knowledge of nitrate 28.58 levels in private drinking water 28.59 supplies through development of water 28.60 testing clinics for rural well owners 29.1 and education programs. This 29.2 appropriation must be matched by at 29.3 least $50,000 from the agriculture 29.4 fertilizer inspection account. 29.5 (c) SNAKE RIVER WATERSHED BMPS 100,000 29.6 This appropriation is from the trust 29.7 fund to the board of water and soil 29.8 resources for an agreement with the 29.9 Snake River Watershed Management Board 29.10 to accelerate the implementation of the 29.11 1996 Snake River Watershed Management 29.12 Plan. 29.13 (d) EVALUATION OF WATERSHED BASED 29.14 WATERSHED DISTRICT MANAGEMENT 150,000 29.15 This appropriation is from the future 29.16 resources fund to the board of water 29.17 and soil resources for an agreement 29.18 with the Minnesota Association of 29.19 Watershed Districts to evaluate the 29.20 effectiveness of water quality 29.21 management by watershed districts. 29.22 This appropriation must be matched by 29.23 at least $75,000 of nonstate money. 29.24 (e) RED RIVER VALLEY PLANNING 29.25 AND MANAGEMENT 375,000 29.26 This appropriation is from the trust 29.27 fund to the pollution control agency to 29.28 create an ecosystem management plan for 29.29 the Red River Valley, integrating land 29.30 and water basin management strategies 29.31 in cooperation with interstate and 29.32 international organizations. 29.33 (f) SUSTAINABLE LAKE PLANS 270,000 29.34 This appropriation is from the trust 29.35 fund to the University of Minnesota, 29.36 Center for Urban and Regional Affairs, 29.37 in cooperation with the Minnesota Lakes 29.38 Association, to develop education 29.39 programs and a comprehensive lake plan 29.40 in each of the state's five lake 29.41 regions. 29.42 (g) LAKESHORE RESTORATION - MINNEAPOLIS 29.43 CHAIN OF LAKES 300,000 29.44 This appropriation is from the trust 29.45 fund to the commissioner of natural 29.46 resources for an agreement with the 29.47 Minneapolis Park and Recreation Board 29.48 to restore native plants on lake shores 29.49 of the chain of lakes to improve water 29.50 quality, wildlife habitat, and decrease 29.51 erosion. This appropriation must be 29.52 matched by at least $150,000 of 29.53 nonstate money. 29.54 (h) ATMOSPHERIC AND NONPOINT POLLUTION 29.55 TRENDS IN MINNESOTA LAKES 325,000 29.56 This appropriation is from the trust 29.57 fund to the pollution control agency to 29.58 document geographic and historic trends 29.59 in lake eutrophication and inputs of 30.1 toxic metals and organic pollutants 30.2 from land-use impacts and atmospheric 30.3 sources. This appropriation is 30.4 available until June 30, 2000, at which 30.5 time the project must be completed and 30.6 final products delivered, unless an 30.7 earlier date is specified in the work 30.8 program. 30.9 Subd. 7. Agricultural Practices 30.10 (a) BIOLOGICAL CONTROL OF 30.11 AGRICULTURAL PESTS 200,000 30.12 This appropriation is from the trust 30.13 fund to the University of Minnesota to 30.14 accelerate using biological control of 30.15 pests in agricultural production 30.16 systems. This appropriation is 30.17 available until June 30, 2000, at which 30.18 time the project must be completed and 30.19 final products delivered, unless an 30.20 earlier date is specified in the work 30.21 program. 30.22 (b) CROP MANAGEMENT TO MINIMIZE 30.23 PESTICIDE INPUTS 300,000 30.24 This appropriation is from the trust 30.25 fund to the University of Minnesota to 30.26 develop nonpesticide management 30.27 strategies for pest control for crops. 30.28 (c) SUSTAINABLE FARMING SYSTEMS 560,000 30.29 This appropriation is from the trust 30.30 fund to the University of Minnesota for 30.31 a comprehensive program of 30.32 complementary on-farm and experiment 30.33 station research, demonstration, and 30.34 educational activities about the 30.35 economic and environmental effects of 30.36 sustainable farming systems. 30.37 (d) PRAIRIE-GRASSLAND LANDSCAPES 125,000 30.38 This appropriation is from the trust 30.39 fund to the commissioner of natural 30.40 resources for the second biennium to 30.41 implement grassland ecosystem 30.42 stewardship activities in the Glacial 30.43 Lake Agassiz Interbeach area in 30.44 cooperation with the resource 30.45 conservation and development councils. 30.46 (e) REDUCING MINNESOTA RIVER 30.47 POLLUTION FROM LACUSTRINE SOILS 250,000 30.48 This appropriation is from the future 30.49 resources fund to the commissioner of 30.50 agriculture in cooperation with the 30.51 University of Minnesota for the second 30.52 biennium to research the impact of 30.53 farming systems utilizing crop residue 30.54 for sediment control on lacustrine 30.55 landscapes in the Minnesota River Basin. 30.56 (f) MERCURY MANOMETERS 250,000 30.57 This appropriation is from the trust 30.58 fund to the commissioner of agriculture 31.1 for the purposes of Minnesota Statutes, 31.2 sections 17.861, 115A.932, and 116.92, 31.3 and is available until June 30, 1999. 31.4 Subd. 8. Pollution Prevention 31.5 (a) TOXIC EMISSIONS FROM FIRE 31.6 TRAINING 65,000 31.7 This appropriation is from the trust 31.8 fund to metropolitan state university 31.9 to identify and quantify toxic 31.10 emissions from live-burn training in 31.11 acquired structures to evaluate and 31.12 propose alternatives. This 31.13 appropriation is available until June 31.14 30, 2000, at which time the project 31.15 must be completed and final products 31.16 delivered, unless an earlier date is 31.17 specified in the work program. 31.18 (b) POLLUTION PREVENTION TRAINING 31.19 PROGRAM FOR INDUSTRIAL EMPLOYEES 250,000 31.20 This appropriation is from the future 31.21 resources fund to the director of the 31.22 office of environmental assistance for 31.23 agreements with Citizens for a Better 31.24 Environment and the University of 31.25 Minnesota to provide the training and 31.26 technical assistance needed for 31.27 pollution prevention by industrial 31.28 employees. 31.29 Subd. 9. Impacts on Natural Resources 31.30 (a) GRANTS TO LOCAL GOVERNMENTS 31.31 TO ASSIST NATURAL RESOURCE 31.32 DECISION MAKING 150,000 31.33 This appropriation is from the future 31.34 resources fund to the board of water 31.35 and soil resources for matching grants 31.36 to local governments to help enable 31.37 incorporation of impacts on natural 31.38 resources into local decision making. 31.39 (b) EVALUATION OF URBAN GROWTH 31.40 ECONOMIC AND ENVIRONMENTAL 31.41 COSTS AND BENEFITS 275,000 31.42 This appropriation is from the future 31.43 resources fund to the director of the 31.44 office of strategic and long-range 31.45 planning for an agreement with 31.46 Minnesotans for an energy-efficient 31.47 economy to evaluate the benefits, 31.48 costs, and environmental impacts of 31.49 alternative urban and rural growth 31.50 patterns. 31.51 (c) REINVENTING THE AGRICULTURAL LAND 31.52 PRESERVATION PROGRAM 100,000 31.53 This appropriation is from the future 31.54 resources fund to the commissioner of 31.55 agriculture to evaluate the 31.56 effectiveness of Minnesota s 31.57 agricultural land preservation 31.58 programs, and identify and quantify 31.59 fiscal impacts of rural sprawl. This 32.1 appropriation must be matched by at 32.2 least $100,000 of nonstate money or 32.3 money from the Minnesota conservation 32.4 fund. 32.5 (d) NEW MODELS FOR LAND-USE 32.6 PLANNING 530,000 32.7 This appropriation is from the trust 32.8 fund to the commissioner of natural 32.9 resources for an agreement with the 32.10 Land Stewardship Project for planning, 32.11 inventory, technical assistance, and 32.12 education addressing voluntary 32.13 easements, purchase, and transfer of 32.14 development rights to create a 32.15 protected green corridor in Washington 32.16 and Chisago counties. Up to $30,000 is 32.17 to provide training in adapting 32.18 holistic resource management concepts 32.19 and principles for decision making in 32.20 land use planning. 32.21 (e) NORTH MINNEAPOLIS UPPER RIVER 32.22 MASTER PLAN 300,000 32.23 This appropriation is from the future 32.24 resources fund to the commissioner of 32.25 natural resources for an agreement with 32.26 the Minneapolis Park and Recreation 32.27 Board to develop a master plan 32.28 addressing greenspace and trail 32.29 development, riverbank restoration, and 32.30 stimulation of river-oriented land uses 32.31 within a corridor along the east and 32.32 west banks of the Mississippi River 32.33 from Plymouth Avenue north to the 32.34 Minneapolis city limits. This 32.35 appropriation must be matched by at 32.36 least $100,000 of nonstate money. 32.37 (f) PREVENTING STORMWATER RUNOFF 32.38 PROBLEMS THROUGH WATERSHED 32.39 LAND DESIGN 250,000 32.40 This appropriation is from the future 32.41 resources fund to the University of 32.42 Minnesota to develop watershed-based 32.43 land design models for preserving 32.44 habitat and traditional patterns, and 32.45 preventing flooding and water quality 32.46 degradation. 32.47 (g) MILLER CREEK MANAGEMENT 100,000 32.48 This appropriation is from the future 32.49 resources fund to the board of water 32.50 and soil resources for agreements with 32.51 the Miller Creek Task Force and the 32.52 natural resources research institute. 32.53 At least $75,000 of this appropriation 32.54 is to the Miller Creek Task Force to 32.55 implement water quality improvement 32.56 activities on Miller Creek and must be 32.57 matched by at least $50,000 of nonstate 32.58 money. Up to $25,000 is for an 32.59 agreement with the natural resources 32.60 research institute for research 32.61 activities and an additional $25,000 of 32.62 activity must be provided by the 32.63 natural resources research institute or 33.1 be provided by other sources. This 33.2 appropriation is contingent on the 33.3 formation of a watershed district or a 33.4 joint powers agreement. 33.5 Subd. 10. Decision-Making Tools 33.6 (a) COMPARATIVE RISKS OF MULTIPLE 33.7 CHEMICAL EXPOSURES 150,000 33.8 This appropriation is from the future 33.9 resources fund to the commissioner of 33.10 health to develop comparative risk 33.11 information for managing exposures to 33.12 multiple environmental hazards from 33.13 measurements of pesticides, volatile 33.14 organic compounds, and metals in soil, 33.15 air, water, and food. 33.16 (b) METROPOLITAN AREA GROUNDWATER 33.17 MODEL 300,000 33.18 This appropriation is from the trust 33.19 fund to the pollution control agency 33.20 for the second biennium to improve and 33.21 refine the metropolitan groundwater 33.22 model to improve contaminant tracking, 33.23 cleanup evaluation, and overall 33.24 protection of groundwater resources. 33.25 (c) WOLF MANAGEMENT PLAN 100,000 33.26 This appropriation is from the future 33.27 resources fund to the commissioner of 33.28 natural resources to develop a 33.29 management plan for Minnesota wolves, 33.30 to be ready for implementation if the 33.31 eastern timberwolf is removed from the 33.32 federal endangered species list. 33.33 (d) MINNESOTA RIVER BASIN NATURAL 33.34 RESOURCE DATA 250,000 33.35 This appropriation is from the trust 33.36 fund to Mankato State University in 33.37 cooperation with the Minnesota River 33.38 Basin Joint Powers Board to prepare 33.39 geographic information system data sets 33.40 for the 1,208 minor watersheds, provide 33.41 Internet access to the data, and 33.42 outreach training. This appropriation 33.43 must be matched by at least $100,000 of 33.44 nonstate money. 33.45 (e) LAND USE DEVELOPMENT AND NATURAL 33.46 RESOURCE PROTECTION MODEL 400,000 33.47 This appropriation is from the trust 33.48 fund to the commissioner of natural 33.49 resources for an agreement with the 33.50 city of Winona to develop a geographic 33.51 information system implementation tool 33.52 to assist in the evaluation of natural 33.53 resource protection in land use 33.54 decision making by local governments. 33.55 This appropriation must be matched by 33.56 at least $88,000 of nonstate money. 33.57 (f) STATEWIDE DIGITAL SOIL 33.58 DATABASE - PHASE I 145,000 34.1 This appropriation is from the future 34.2 resources fund to the board of water 34.3 and soil resources for the first 34.4 biennium for a pilot program to 34.5 investigate methods to digitize data 34.6 from older soil surveys and to 34.7 coordinate soil survey digitizing in at 34.8 least one county on a 50 percent cost 34.9 share basis. Up to $30,000 of this 34.10 appropriation is for digitization and 34.11 must be matched by nonstate money by 34.12 April 30, 1999. 34.13 (g) FILLMORE COUNTY SOIL 34.14 SURVEY UPDATE 65,000 34.15 This appropriation is from the trust 34.16 fund to the board of water and soil 34.17 resources to provide half of the 34.18 nonfederal share for the second year of 34.19 a six-year project to update the 34.20 Fillmore county soil survey into a 34.21 digitized and manuscript format. 34.22 Subd. 11. Public Access to Natural 34.23 Resource Data 34.24 (a) FOUNDATIONS FOR INTEGRATED ACCESS 34.25 TO ENVIRONMENTAL INFORMATION 650,000 34.26 This appropriation is from the future 34.27 resources fund to the director of the 34.28 office of strategic and long-range 34.29 planning for a collaborative effort 34.30 among natural resource agencies to 34.31 design, develop, and test a solution to 34.32 provide integrated electronic access to 34.33 environmental and natural resource 34.34 data. These data must be made 34.35 accessible and free to the public 34.36 unless made private under the Data 34.37 Practices Act. 34.38 (b) ELECTRONIC ACCESS TO MINNESOTA'S 34.39 NATIONAL REGISTER OF HISTORIC PLACES 150,000 34.40 This appropriation is from the trust 34.41 fund to the Minnesota Historical 34.42 Society to update and provide public 34.43 electronic access to information about 34.44 Minnesota's National Register 34.45 properties. 34.46 (c) PUBLIC ACCESS TO ARCHAEOLOGICAL 34.47 KNOWLEDGE 200,000 34.48 This appropriation is from the future 34.49 resources fund to the Minnesota 34.50 Historical Society for an agreement 34.51 with the Institute for Minnesota 34.52 Archaeology to enhance and provide 34.53 public electronic access to regional 34.54 archaeological data that have been 34.55 acquired or maintained with public 34.56 money. 34.57 Subd. 12. Sustainable Development 34.58 Activities 34.59 (a) SUSTAINABLE DEVELOPMENT ASSISTANCE 34.60 FOR MUNICIPALITIES THROUGH ELECTRIC 35.1 UTILITIES 250,000 35.2 This appropriation is from the future 35.3 resources fund to the commissioner of 35.4 administration for an agreement with 35.5 the Minnesota Municipal Utilities 35.6 Association to provide decision-making 35.7 tools, technical information, and 35.8 expert assistance to advance 35.9 sustainable renewable energy and energy 35.10 efficiency developments and implement 35.11 demonstration projects in at least four 35.12 communities. This appropriation must 35.13 be matched by at least $250,000 in 35.14 nonstate money. 35.15 (b) RENEWABLE ENERGY DEMONSTRATION 35.16 AND EDUCATION IN STATE PARKS 230,000 35.17 $80,000 of this appropriation is from 35.18 the trust fund and $150,000 is from oil 35.19 overcharge money to the commissioner of 35.20 natural resources for an agreement with 35.21 the Center for Energy and Environment 35.22 to demonstrate cost-effective 35.23 applications of renewable energy 35.24 technologies in state parks by 35.25 developing technology selection 35.26 guidelines, installing projects in 35.27 state parks, and providing public 35.28 renewable energy education. This 35.29 appropriation is available until June 35.30 30, 2000, at which time the project 35.31 must be completed and final products 35.32 delivered, unless an earlier date is 35.33 specified in the work program. 35.34 (c) ALFALFA BIOMASS PRODUCTION 200,000 35.35 This appropriation is from the future 35.36 resources fund to the University of 35.37 Minnesota for the evaluation of the 35.38 environmental impacts and benefits of 35.39 the production of alfalfa for 35.40 electrical power generation. This 35.41 appropriation is available until June 35.42 30, 2000, at which time the project 35.43 must be completed and final products 35.44 delivered, unless an earlier date is 35.45 specified in the work program. 35.46 (d) SUSTAINABLE DEVELOPMENT OF WIND 35.47 ENERGY ON FAMILY FARMS 200,000 35.48 This appropriation is from the future 35.49 resources fund to the commissioner of 35.50 administration for an agreement with 35.51 the Sustainable Resources Center for 35.52 the second biennium to provide 35.53 technical assistance, wind assessment, 35.54 and technology transfer for the 35.55 development of wind energy harvesting. 35.56 (e) CONNECTING PEOPLE AND PLACES 35.57 THROUGH YELLOW BIKES 95,000 35.58 This appropriation is from the future 35.59 resources fund to the office of 35.60 environmental assistance for an 35.61 agreement with the Yellow Bike 35.62 Coalition to expand and develop a 36.1 bicycle recycling and transportation 36.2 program in at least three cities. 36.3 (f) SUSTAINABLE GARDENING FOR MINNESOTA 36.4 HOMES AND COMMUNITIES 400,000 36.5 This appropriation is from the future 36.6 resources fund to the commissioner of 36.7 natural resources for an agreement with 36.8 the Sustainable Resources Center for 36.9 the fifth biennium to accelerate 36.10 community garden programs through 36.11 technical assistance to encourage 36.12 ecologically sound landscape plantings 36.13 and maintenance. Up to $60,000 is to 36.14 provide a link between sustainable 36.15 agriculture farmers and urban consumers. 36.16 (g) EVALUATE RIPARIAN FORESTS FOR 36.17 THE MINNESOTA RIVER 300,000 36.18 This appropriation is from the trust 36.19 fund. $80,000 is to the commissioner 36.20 of natural resources, $210,000 is to 36.21 the University of Minnesota, and 36.22 $10,000 is to the commissioner of 36.23 agriculture to evaluate the impact of 36.24 planting trees on sensitive riparian 36.25 lands. This appropriation must be 36.26 spent in cooperation with the Minnesota 36.27 River Basin Joint Powers Board. This 36.28 appropriation is available until June 36.29 30, 2000, at which time the project 36.30 must be completed and final products 36.31 delivered, unless an earlier date is 36.32 specified in the work program. 36.33 (h) ECONOMICS FOR LASTING 36.34 PROGRESS 250,000 36.35 This appropriation is from the future 36.36 resources fund to the director of the 36.37 office of strategic and long-range 36.38 planning for an assessment of how 36.39 economic indicators and policies reward 36.40 or discourage pollution, employment, 36.41 and sustainable resource use in 36.42 Minnesota. 36.43 (i) SOY-BASED DIESEL FUEL 36.44 STUDY 75,000 36.45 This appropriation is from the trust 36.46 fund to the commissioner of 36.47 agriculture, in cooperation with one or 36.48 more commissioners of appropriate state 36.49 agencies, for a pilot project to test 36.50 the use of soy-based biodiesel fuel to 36.51 operate fleet vehicles. The study must 36.52 include an analysis of the 36.53 environmental effects, operational 36.54 characteristics, and obstacles to widen 36.55 use of soy-based biodiesel. 36.56 Subd. 13. Environmental Education 36.57 (a) SCHOOL NATURE AREA PROJECT 36.58 (SNAP) 250,000 36.59 This appropriation is from the trust 36.60 fund to the commissioner of natural 37.1 resources for an agreement with St. 37.2 Olaf College for the second biennium to 37.3 accelerate partnerships between 37.4 institutions of higher education and 37.5 schools to develop school nature areas 37.6 and demonstrate methods of ecological 37.7 enhancement for integration into school 37.8 curriculum. 37.9 (b) WATERSHED SCIENCE: INTEGRATED 37.10 RESEARCH AND EDUCATION PROGRAM 500,000 37.11 This appropriation is from the future 37.12 resources fund to the Science Museum of 37.13 Minnesota to establish a long-term 37.14 monitoring program for the Valley Creek 37.15 watershed, develop a public geographic 37.16 information system laboratory, and 37.17 watershed science education programs. 37.18 (c) MINNESOTA FROG WATCH 300,000 37.19 This appropriation is from the trust 37.20 fund to the commissioner of natural 37.21 resources for an agreement with the 37.22 Center for Global Environmental 37.23 Education, Hamline University, for the 37.24 second biennium to accelerate the 37.25 Minnesota frog watch environmental 37.26 education and monitoring program for 37.27 youth and families in formal and 37.28 nonformal education settings. This 37.29 appropriation is available until June 37.30 30, 2000, at which time the project 37.31 must be completed and final products 37.32 delivered, unless an earlier date is 37.33 specified in the work program. 37.34 (d) ENVIRONMENTAL SERVICE LEARNING 37.35 PROJECTS IN MINNEAPOLIS SCHOOLS 100,000 37.36 This appropriation is from the future 37.37 resources fund to the commissioner of 37.38 natural resources for an agreement with 37.39 Eco Education to provide training and 37.40 minigrants for student service learning 37.41 projects. This appropriation is 37.42 available until June 30, 2000, at which 37.43 time the project must be completed and 37.44 final products delivered, unless an 37.45 earlier date is specified in the work 37.46 program. 37.47 (e) PARTNERS IN ACCESSIBLE RECREATION 37.48 AND ENVIRONMENTAL RESPONSIBILITY 550,000 37.49 This appropriation is from the trust 37.50 fund to the commissioner of natural 37.51 resources for an agreement with 37.52 Wilderness Inquiry for the second 37.53 biennium to provide a statewide program 37.54 of environmental education, outdoor 37.55 recreation, and inclusion of people 37.56 with disabilities and other minority 37.57 groups. 37.58 (f) ENVIRONMENTAL SERVICE 37.59 LEARNING 100,000 37.60 This appropriation is from the trust 37.61 fund to the commissioner of natural 38.1 resources for an agreement with Stowe 38.2 Environmental Elementary School to 38.3 develop a partnership of schools, 38.4 communities, and agencies for 38.5 environmental service learning projects. 38.6 (g) STATE WOLF MANAGEMENT: ELECTRONICALLY 38.7 MODERATING THE PUBLIC DISCUSSION 100,000 38.8 This appropriation is from the trust 38.9 fund to the commissioner of natural 38.10 resources for an agreement with the 38.11 International Wolf Center to provide a 38.12 public electronic forum and information 38.13 on wolf management. This appropriation 38.14 must be matched by at least $20,000 of 38.15 nonstate money. 38.16 (h) CATCH AND RELEASE 20,000 38.17 This appropriation is from the future 38.18 resources fund to the commissioner of 38.19 natural resources for an agreement with 38.20 the Rainy Lake Sportfishing Club to 38.21 accelerate its catch and release 38.22 program. This appropriation must be 38.23 matched by at least $10,000 of nonstate 38.24 contributions, either cash or in-kind. 38.25 (i) ELECTRONIC ENVIRONMENTAL 38.26 EDUCATION RAPTOR NETWORK 222,000 38.27 This appropriation is from the trust 38.28 fund to the University of Minnesota 38.29 raptor center for the second biennium 38.30 to implement an electronic 38.31 environmental education network using 38.32 satellite tracking with birds of prey. 38.33 The raptor center must seek additional 38.34 public and private partnerships. 38.35 Subd. 14. Benchmarks and Indicators 38.36 (a) ENVIRONMENTAL INDICATORS 38.37 INITIATIVE-CONTINUATION 250,000 38.38 This appropriation is from the trust 38.39 fund to the commissioner of natural 38.40 resources for the second biennium of a 38.41 three biennium project to create a 38.42 statewide framework for selecting and 38.43 monitoring environmental indicators to 38.44 assess and communicate Minnesota's 38.45 environmental health status and trends. 38.46 (b) MINNESOTA'S FOREST BIRD DIVERSITY 38.47 INITIATIVE: CONTINUATION 350,000 38.48 This appropriation is from the trust 38.49 fund to the commissioner of natural 38.50 resources for the fourth biennium of a 38.51 six-biennium project for a 38.52 comprehensive monitoring and research 38.53 program that develops management tools 38.54 to maintain forest bird diversity. 38.55 This appropriation is available until 38.56 June 30, 2000, at which time the 38.57 project must be completed and final 38.58 products delivered, unless an earlier 38.59 date is specified in the work program. 39.1 (c) WATER QUALITY INDICATORS OF 39.2 ENDOCRINE DISRUPTING CHEMICALS 250,000 39.3 This appropriation is from the trust 39.4 fund to the pollution control agency to 39.5 monitor and research the effects of 39.6 endocrine disrupting chemicals in 39.7 surface waters on fish and wildlife 39.8 through analysis of biological effects. 39.9 (d) STREAM HABITAT PROTECTION: 39.10 CONTINUATION 225,000 39.11 This appropriation is from the trust 39.12 fund to the commissioner of natural 39.13 resources to accelerate the stream flow 39.14 protection program. This is the third 39.15 biennium of a proposed eight-biennium 39.16 effort to establish a watershed level 39.17 stream habitat database and develop the 39.18 tools to set protected flows for 39.19 ecosystem diversity. This 39.20 appropriation is available until June 39.21 30, 2000, at which time the project 39.22 must be completed and final products 39.23 delivered, unless an earlier date is 39.24 specified in the work program. 39.25 (e) WETLAND ECOSYSTEMS MONITORING 160,000 39.26 This appropriation is from the future 39.27 resources fund to the University of 39.28 Minnesota to monitor wetland 39.29 restorations for their ecological 39.30 success and develop a long-term 39.31 monitoring data base. 39.32 (f) LOONS: INDICATORS OF MERCURY 39.33 IN THE ENVIRONMENT 230,000 39.34 This appropriation is from the trust 39.35 fund to the University of Minnesota to 39.36 analyze loon exposure to mercury and 39.37 its effects on loon health and 39.38 reproduction in the wild. 39.39 (g) TRAINING AND RESEARCH VESSEL FOR 39.40 LAKE SUPERIOR 250,000 39.41 $130,000 of this appropriation is from 39.42 the trust fund and $120,000 of this 39.43 appropriation is from the Great Lakes 39.44 protection account to the University of 39.45 Minnesota-Duluth to purchase a vessel 39.46 for training and research on Lake 39.47 Superior. This appropriation must be 39.48 matched by at least $250,000 of 39.49 nonstate money. This appropriation is 39.50 available until June 30, 2000, at which 39.51 time the project must be completed and 39.52 final products delivered, unless an 39.53 earlier date is specified in the work 39.54 program. 39.55 Subd. 15. Native Fisheries 39.56 (a) IMPROVED DECISIONS FOR WALLEYE 39.57 STOCKING AND SPECIAL REGULATIONS 200,000 39.58 This appropriation is from the future 39.59 resources fund to the University of 40.1 Minnesota to evaluate outcomes of 40.2 various stocking and harvest strategies 40.3 through modeling and genetic marker 40.4 tracking of the best performing strains 40.5 to maximize benefits of walleye 40.6 stocking and harvest regulations on 40.7 individual lakes. This appropriation 40.8 is available until June 30, 2000, at 40.9 which time the project must be 40.10 completed and final products delivered, 40.11 unless an earlier date is specified in 40.12 the work program. 40.13 (b) MINNESOTA RARE MUSSEL 40.14 CONSERVATION 91,000 40.15 This appropriation is from the trust 40.16 fund to the University of Minnesota to 40.17 establish and monitor refugia in the 40.18 St. Croix river to improve freshwater 40.19 mussel conservation. 40.20 Subd. 16. Land Acquisition in High 40.21 Growth Areas 40.22 (a) SAND DUNES STATE FOREST 40.23 ACQUISITION 400,000 40.24 This appropriation is from the trust 40.25 fund to the commissioner of natural 40.26 resources to acquire approximately 200 40.27 acres of lands within the Sand Dunes 40.28 State Forest, according to the 40.29 Cambridge area forest resource 40.30 management plan. 40.31 (b) ARBORETUM LAND ACQUISITION 450,000 40.32 This appropriation is from the trust 40.33 fund to the University of Minnesota for 40.34 a grant to the University of Minnesota 40.35 Landscape Arboretum Foundation for the 40.36 second biennium for land acquisition to 40.37 expand the boundary of the Minnesota 40.38 Landscape Arboretum. This 40.39 appropriation must be matched by at 40.40 least $450,000 of nonstate money 40.41 Subd. 17. Critical Lands or Habitats 40.42 (a) SUSTAINABLE WOODLANDS ON PRIVATE 40.43 LANDS 875,000 40.44 This appropriation is from the future 40.45 resources fund to the commissioner of 40.46 natural resources, in cooperation with 40.47 the Minnesota Forestry Association, to 40.48 develop stewardship plans for private 40.49 landowners and implement natural 40.50 resource projects by providing matching 40.51 money to private landowners. 40.52 (b) CANNON RIVER WATERSHED: 40.53 INTEGRATED MANAGEMENT 350,000 40.54 This appropriation is from the future 40.55 resources fund to the board of water 40.56 and soil resources for an agreement 40.57 with the Cannon River Watershed 40.58 Partnership for the third biennium to 40.59 implement activities in the Cannon 41.1 River watershed through easements, 41.2 matching grants, and technical 41.3 assistance. 41.4 (c) PRAIRIE HERITAGE PROJECT 500,000 41.5 This appropriation is from the trust 41.6 fund to the commissioner of natural 41.7 resources for an agreement with 41.8 Pheasants Forever, Inc., to acquire and 41.9 develop land for prairie grasslands and 41.10 wetlands to be donated to the public. 41.11 The land must be open and accessible to 41.12 the public. This appropriation must be 41.13 matched by at least $500,000 of 41.14 nonstate money. In addition to the 41.15 required work program, parcels may not 41.16 be acquired until parcel lists have 41.17 been submitted to the legislative 41.18 commission on Minnesota resources and 41.19 the commission has approved the parcel 41.20 list or allowed 60 days to pass. 41.21 (d) PHALEN AREA WETLAND 41.22 RESTORATION, PHASE II 400,000 41.23 This appropriation is from the trust 41.24 fund to the commissioner of natural 41.25 resources for an agreement with the 41.26 city of St. Paul for design, pre- and 41.27 post-construction monitoring, and 41.28 construction of approximately nine 41.29 acres of wetland. 41.30 (e) POINT DOUGLAS BLUFFLAND 41.31 ACQUISITION 525,000 41.32 This appropriation is from the future 41.33 resources fund to the commissioner of 41.34 natural resources for an agreement with 41.35 the Carpenter St. Croix Valley Nature 41.36 Center to purchase approximately 125 41.37 acres of blufflands in the Mississippi 41.38 and St. Croix riverways. The land must 41.39 be open and accessible to the public. 41.40 The nature center must provide that the 41.41 property will forfeit to the state if 41.42 the property ceases to be used as a 41.43 nature center that is open and 41.44 accessible to the public. This 41.45 appropriation is available until June 41.46 30, 2000, at which time the project 41.47 must be completed and final products 41.48 delivered, unless an earlier date is 41.49 specified in the work program. 41.50 (f) MINNESOTA POINT PROTECTION 75,000 41.51 This appropriation is from the future 41.52 resources fund to the commissioner of 41.53 natural resources for an agreement with 41.54 Park Point Community Club for 41.55 administrative and management expenses 41.56 to secure the protection of the old 41.57 growth stands and bird sanctuary at 41.58 Minnesota Point in Duluth. 41.59 (g) SAVANNA RESTORATION FOR 41.60 SHARP-TAILED GROUSE 30,000 41.61 This appropriation is from the future 42.1 resources fund to the commissioner of 42.2 natural resources for an agreement with 42.3 the Minnesota Sharp-Tailed Grouse 42.4 Society to identify and inventory 42.5 restorable northern savannas for 42.6 sharp-tailed grouse habitat. 42.7 (h) RIM - CRITICAL HABITAT ACQUISITION 42.8 AND ENHANCEMENT 830,000 42.9 This appropriation is from the trust 42.10 fund to the commissioner of natural 42.11 resources to accelerate the reinvest in 42.12 Minnesota program activities authorized 42.13 under Minnesota Statutes, section 42.14 84.943. Projects must occur in both 42.15 urban and rural areas. Retroactive 42.16 reimbursement for the greening the 42.17 great river park project is authorized. 42.18 (i) RIM - WILDLIFE HABITAT 42.19 STEWARDSHIP 400,000 42.20 This appropriation is from the trust 42.21 fund to the commissioner of natural 42.22 resources to accelerate the reinvest in 42.23 Minnesota program to improve wildlife 42.24 habitat and natural plant communities 42.25 statewide on public lands, both urban 42.26 and rural, to protect and enhance 42.27 wildlife, native plant species, and 42.28 ecological diversity. 42.29 (j) SCIENTIFIC AND NATURAL AREA 42.30 ACQUISITION 425,000 42.31 This appropriation is from the trust 42.32 fund to the commissioner of natural 42.33 resources to accelerate the acquisition 42.34 of land for scientific and natural 42.35 areas under Minnesota Statutes, section 42.36 84.033. 42.37 (k) RIM - WILDLIFE HABITAT 42.38 ACQUISITION 500,000 42.39 This appropriation is from the trust 42.40 fund to the commissioner of natural 42.41 resources to accelerate acquisition of 42.42 North American waterfowl management 42.43 plan wetlands and associated uplands on 42.44 a cost-share basis and wildlife habitat 42.45 in areas of high population growth. 42.46 (l) RIM - ACCELERATE FISHERIES 42.47 ACQUISITION 500,000 42.48 This appropriation is from the trust 42.49 fund to the commissioner of natural 42.50 resources to accelerate the reinvest in 42.51 Minnesota program to acquire land 42.52 adjacent to lakes and streams to 42.53 provide for angler and management 42.54 access or protection of critical 42.55 riparian habitat, including access for 42.56 nonboat owners and urban users. This 42.57 appropriation is available until June 42.58 30, 2000, at which time the project 42.59 must be completed and final products 42.60 delivered, unless an earlier date is 42.61 specified in the work program. 43.1 (m) MINNESOTA COUNTY BIOLOGICAL 43.2 SURVEY - CONTINUATION 1,200,000 43.3 This appropriation is from the trust 43.4 fund to the commissioner of natural 43.5 resources for the sixth biennium of a 43.6 proposed 12-biennium project to 43.7 accelerate the county biological survey 43.8 for the systematic collection, 43.9 interpretation, and distribution of 43.10 data on the ecology of rare plants, 43.11 animals, and natural communities. 43.12 (n) PEATLAND RESTORATION 275,000 43.13 This appropriation is from the future 43.14 resources fund to the University of 43.15 Minnesota-Duluth, natural resources 43.16 research institute, to promote 43.17 reestablishment of diverse, sustainable 43.18 peatland ecosystems on harvested 43.19 peatland sites through accelerated 43.20 development of cost effective, reliable 43.21 peatland restoration techniques. 43.22 (o) FISHING PIER AND PUBLIC 43.23 SHORE ACCESS 355,000 43.24 This appropriation is from the trust 43.25 fund to the commissioner of natural 43.26 resources to provide increased access 43.27 to lakes and rivers statewide through 43.28 the provision of fishing piers and 43.29 shoreline access. 43.30 (p) PUBLIC BOAT ACCESS 350,000 43.31 This appropriation is from the trust 43.32 fund to the commissioner of natural 43.33 resources to accelerate public water 43.34 access acquisition and development 43.35 statewide. 43.36 (q) FISHERIES STATEWIDE HATCHERY 43.37 REHABILITATION 400,000 43.38 This appropriation is from the trust 43.39 fund to the commissioner of natural 43.40 resources to accelerate the reinvest in 43.41 Minnesota program to implement projects 43.42 to maintain and improve statewide fish 43.43 culture facilities. This appropriation 43.44 is available until June 30, 2000, at 43.45 which time the project must be 43.46 completed and final products delivered, 43.47 unless an earlier date is specified in 43.48 the work program. 43.49 Subd. 18. Wildlife or Trail Corridors 43.50 (a) MESABI TRAIL LAND ACQUISITION 43.51 AND DEVELOPMENT 600,000 43.52 This appropriation is from the future 43.53 resources fund to the commissioner of 43.54 natural resources for an agreement with 43.55 the St. Louis and Lake Counties 43.56 Regional Rail Authority for the third 43.57 biennium to develop and acquire 43.58 segments of the Mesabi trail. This 43.59 appropriation must be matched by at 44.1 least $600,000 of nonstate money. This 44.2 appropriation is available until June 44.3 30, 2000, at which time the project 44.4 must be completed and final products 44.5 delivered, unless an earlier date is 44.6 specified on the work program. 44.7 (b) CHIPPEWA COUNTY REGIONAL TRAIL 400,000 44.8 This appropriation is from the future 44.9 resources fund to the commissioner of 44.10 natural resources for an agreement with 44.11 the city of Montevideo for the second 44.12 biennium to complete the construction 44.13 of the Chippewa County trail system in 44.14 Montevideo. This appropriation is 44.15 available until June 30, 2000, at which 44.16 time the project must be completed and 44.17 final products delivered, unless an 44.18 earlier date is specified on the work 44.19 program. Notwithstanding subdivision 44.20 23, these funds are available to the 44.21 extent matched by nonstate money prior 44.22 to January 1, 1999. 44.23 Subd. 19. Native Species Planting 44.24 (a) MINNESOTA RELEAF TREE PLANTING 44.25 AND PRESERVATION GRANT PROGRAM 300,000 44.26 This appropriation is from the future 44.27 resources fund to the commissioner of 44.28 natural resources for the third 44.29 biennium for matching grants to local 44.30 communities to plant predominantly 44.31 native trees and protect native oak 44.32 forests from oak wilt. 44.33 (b) RESTORING WHITE PINE IN THE 44.34 MINNESOTA LANDSCAPE 120,000 44.35 This appropriation is from the trust 44.36 fund to the University of Minnesota to 44.37 investigate factors currently limiting 44.38 establishment of white pine seedlings 44.39 in various forest cover types. 44.40 Management recommendations for natural 44.41 regeneration, seeding, and planting 44.42 must be developed. 44.43 (c) PRAIRIE AND OAK SAVANNA 44.44 RESTORATION 50,000 44.45 This appropriation is from the future 44.46 resources fund to the commissioner of 44.47 natural resources for an agreement with 44.48 the St. Paul Audubon Society to restore 44.49 natural areas of sites in at least two 44.50 parks that have residual prairie and 44.51 oak savanna areas. 44.52 Subd. 20. Exotic Species 44.53 (a) BALLAST WATER TECHNOLOGY 44.54 DEMONSTRATION FOR EXOTIC 44.55 SPECIES CONTROL 200,000 44.56 This appropriation is from the future 44.57 resources fund to the commissioner of 44.58 natural resources for a demonstration 44.59 project in cooperation with the Duluth 45.1 Port Authority to test, evaluate, and 45.2 refine techniques for preventing the 45.3 introduction and dispersal of exotic 45.4 species from ballast water into Lake 45.5 Superior. 45.6 (b) BIOLOGICAL CONTROL OF EURASIAN 45.7 WATER MILFOIL AND PURPLE 45.8 LOOSESTRIFE - CONTINUATION 150,000 45.9 This appropriation is from the trust 45.10 fund to the commissioner of natural 45.11 resources for the third biennium of a 45.12 five-biennium project to develop 45.13 biological controls for Eurasian water 45.14 milfoil and purple loosestrife. This 45.15 appropriation is available until June 45.16 30, 2000, at which time the project 45.17 must be completed and final products 45.18 delivered, unless an earlier date is 45.19 specified in the work program. 45.20 (c) CONTROL OF WEEDS IN NATIVE 45.21 WILD RICE 100,000 45.22 This appropriation is from the future 45.23 resources fund to the commissioner of 45.24 natural resources for an agreement with 45.25 Bois Forte Reservation for a Nett Lake 45.26 biocontrol study to remove exotic and 45.27 nuisance weeds from a wild rice lake. 45.28 Any release of organisms must be in 45.29 compliance with state and federal 45.30 permits. This appropriation must be 45.31 matched by at least $100,000 of 45.32 nonstate money. This appropriation is 45.33 available until June 30, 2000, at which 45.34 time the project must be completed and 45.35 final products delivered, unless an 45.36 earlier date is specified in the work 45.37 program. 45.38 Subd. 21. Data Availability Requirements 45.39 (a) During the biennium ending June 30, 45.40 1999, the data collected by the 45.41 projects funded under this section that 45.42 have common value for natural resource 45.43 planning and management must conform to 45.44 information architecture as defined in 45.45 guidelines and standards adopted by the 45.46 information policy office and 45.47 government information access council. 45.48 These data must be made accessible and 45.49 free to the public unless made private 45.50 under the Data Practices Act. 45.51 (b) As part of their project 45.52 expenditures, recipients of land 45.53 acquisition appropriations must provide 45.54 the information necessary to update 45.55 public recreation information maps and 45.56 other appropriate media to the 45.57 department of natural resources in the 45.58 specified form. 45.59 Subd. 22. Project Requirements 45.60 It is a condition of acceptance of the 45.61 appropriations in this section that any 45.62 agency or entity receiving the 46.1 appropriation must comply with 46.2 Minnesota Statutes, chapter 116P. 46.3 Subd. 23. Match Requirements 46.4 Unless specifically authorized, 46.5 appropriations in this section that 46.6 must be matched and for which the match 46.7 has not been committed by January 1, 46.8 1998, are canceled, and in-kind 46.9 contributions may not be counted as 46.10 match. 46.11 Subd. 24. Payment Conditions and 46.12 Capital Equipment Expenditures 46.13 All agreements, grants, or contracts 46.14 referred to in this section must be 46.15 administered on a reimbursement basis. 46.16 Notwithstanding Minnesota statutes, 46.17 section 16A.41, expenditures made on or 46.18 after July 1, 1997, or the date the 46.19 work program is approved, whichever is 46.20 later, are eligible for reimbursement. 46.21 Payment must be made upon receiving 46.22 documentation that project-eligible 46.23 reimbursable amounts have been 46.24 expended, except that reasonable 46.25 amounts may be advanced to projects in 46.26 order to accommodate cash flow needs. 46.27 The advances must be approved as part 46.28 of the work program. No expenditures 46.29 for capital equipment are allowed 46.30 unless expressly authorized in the 46.31 project work program. 46.32 Subd. 25. Purchase of Recycled and 46.33 Recyclable Materials 46.34 A political subdivision, public or 46.35 private corporation, or other entity 46.36 that receives an appropriation in this 46.37 section must use the appropriation in 46.38 compliance with Minnesota Statutes, 46.39 sections 16B.121 to 16B.123, requiring 46.40 the purchase of recycled, repairable, 46.41 and durable materials, the purchase of 46.42 uncoated paper stock, and the use of 46.43 soy-based ink, the same as if it were a 46.44 state agency. 46.45 Subd. 26. Carryforward 46.46 (a) The availability of the 46.47 appropriations for the following 46.48 projects is extended to June 30, 1998: 46.49 Laws 1996, chapter 407, section 8, 46.50 subdivision 3, paragraph (c), local 46.51 grants; Laws 1995, chapter 220, section 46.52 19, subdivision 4, paragraph (e), local 46.53 grants; subdivision 5, paragraph (d), 46.54 blufflands landscape, paragraph (f), 46.55 atmospheric mercury emissions, 46.56 deposition, and environmental cost 46.57 evaluation; and paragraph (r), 46.58 developing, evaluating, and promoting 46.59 sustainable farming systems; 46.60 subdivision 6, paragraph (b), 46.61 environmental education teacher 46.62 training, paragraph (g), electronic 46.63 environmental education network; and 47.1 paragraph (r), as amended by Laws 1996, 47.2 chapter 407, section 51, Ney 47.3 environmental center; and paragraph 47.4 (s), Lawndale environmental center; 47.5 subdivision 7, paragraph (f), 47.6 completion of statewide land use 47.7 update, paragraph (g), Fillmore county 47.8 soil survey update, paragraph (j), 47.9 microbial deterioration of asphalt 47.10 materials and prevention, and paragraph 47.11 (k), analysis of lands enrolled in 47.12 conservation reserve program; 47.13 subdivision 8, paragraph (a), urban 47.14 wildlife habitat program; subdivision 47.15 11, paragraph (e), energy improvements 47.16 in public ice arenas. 47.17 (b) The availability of the 47.18 appropriation for the following 47.19 projects is extended to June 30, 1999: 47.20 Laws 1995, chapter 220, section 19, 47.21 subdivision 4, paragraph (a), 47.22 metropolitan regional park system; 47.23 paragraph (g), clause (1), as amended 47.24 by Laws 1996, chapter 407, section 50, 47.25 local share for ISTEA federal projects; 47.26 and subdivision 12, paragraph (a) 47.27 restore historic Mississippi river mill 47.28 site; Laws 1994, chapter 632, article 47.29 2, section 6, Silver Bay harbor; and 47.30 Laws 1993, chapter 172, section 14, 47.31 subdivision 10, paragraph (o), Lake 47.32 Superior safe harbors-continuation. 47.33 Subd. 27. Energy Conservation 47.34 A recipient to whom an appropriation is 47.35 made in this section for a capital 47.36 improvement project shall ensure that 47.37 the project complies with the 47.38 applicable energy conservation 47.39 standards contained in law, including 47.40 Minnesota Statutes, sections 216C.19 to 47.41 216C.21, and rules adopted thereunder. 47.42 The recipient may use the energy 47.43 planning and intervention and energy 47.44 technologies units of the commissioner 47.45 of public service to obtain information 47.46 and technical assistance on energy 47.47 conservation and alternative energy 47.48 development relating to the planning 47.49 and construction of the capital 47.50 improvement project. 47.51 Sec. 17. ETHANOL DEVELOPMENT 47.52 FUND TRANSFER 47.53 As cash flow in the ethanol development 47.54 fund under Minnesota Statutes, section 47.55 41B.044, permits, but no later than 47.56 June 30, 1999, the commissioner of 47.57 finance, in consultation with the 47.58 commissioner of agriculture, shall 47.59 transfer $420,000 from the unencumbered 47.60 balance in the fund to the general fund. 47.61 Sec. 18. [APPROPRIATION RESTRICTIONS; COMMISSIONER'S 47.62 OFFICE.] 47.63 No general fund appropriations in this act may be used to 48.1 pay for commissioner's office activities of the pollution 48.2 control agency, department of natural resources, and department 48.3 of agriculture. 48.4 Sec. 19. [4.0715] [ISTEA ENHANCEMENT MONEY.] 48.5 Subdivision 1. [DEFINITIONS.] "ISTEA enhancement money" 48.6 means money received by the state from the federal government 48.7 under the 1997 reauthorization of the Intermodal Surface 48.8 Transportation Efficiency Act and designated for enhancement. 48.9 Subd. 2. [APPROPRIATION REQUIRED.] ISTEA enhancement money 48.10 may not be spent until it is specifically appropriated by law. 48.11 Subd. 3. [MINNESOTA RESOURCES PROJECTS.] The legislature 48.12 intends to appropriate ISTEA enhancement money for projects that 48.13 have been reviewed and recommended by the legislative commission 48.14 on Minnesota resources. A work plan must be prepared for each 48.15 proposed project for review by the commission. The commission 48.16 must recommend specific projects to the legislature. 48.17 Sec. 20. Minnesota Statutes 1996, section 17.03, is 48.18 amended by adding a subdivision to read: 48.19 Subd. 12. [CONTRACTS.] The commissioner may enter into 48.20 contracts with any public or private entity for the provision of 48.21 statutorily prescribed agricultural marketing and development 48.22 services by the department. A contract must specify the 48.23 services to be provided and the amount and method of 48.24 reimbursement. Funds generated in a contractual agreement under 48.25 this section must be deposited in a special revenue fund and are 48.26 appropriated to the department for purposes of providing 48.27 services specified in the contracts. Contracts under this 48.28 section must be processed in accordance with section 16B.06. 48.29 The commissioner must report revenues collected and expenditures 48.30 made under this section to the chairs of the environment and 48.31 natural resources finance committee in the house of 48.32 representatives and the agriculture budget division in the 48.33 senate by January 15 of each odd-numbered year. 48.34 Sec. 21. Minnesota Statutes 1996, section 17.101, is 48.35 amended to read: 48.36 17.101 [PROMOTIONAL ACTIVITIES.] 49.1 Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of 49.2 expanding, improving, and developingthe markets forproduction 49.3 and marketing of products of Minnesota agriculture, the 49.4 commissioner shall encourage and promote the production and 49.5 marketing of these products by means of: 49.6 (a) advertising Minnesota agricultural products; 49.7 (b) assisting state agricultural commodity organizations; 49.8 (c) developing methods to increase processing and marketing 49.9 of agricultural commodities including commodities not being 49.10 produced in Minnesota on a commercial scale, but which may have 49.11 economic potential in national and international markets; 49.12 (d) investigating and identifying new marketing technology 49.13 and methods to enhance the competitive position of Minnesota 49.14 agricultural products; 49.15 (e) evaluating livestock marketing opportunities; 49.16 (f) assessing and developing national and international 49.17 markets for Minnesota agricultural products; 49.18 (g) studying the conversion of raw agricultural products to 49.19 manufactured products including ethanol; 49.20 (h) hosting the visits of foreign trade teams to Minnesota 49.21 and defraying the teams' expenses; 49.22 (i) assisting Minnesota agricultural businesses desiring to 49.23 sell their products;and49.24 (j) conducting research to eliminate or reduce specific 49.25 production or technological barriers to market development and 49.26 trade; and 49.27 (k) other activities the commissioner deems appropriate to 49.28 promote Minnesota agricultural products, provided that the 49.29 activities do not duplicate programs or services provided by the 49.30 Minnesota trade division or the Minnesota world trade center 49.31 corporation. 49.32 Subd. 2. [AGRICULTURAL DEVELOPMENT GRANTS AND CONTRACTS.] 49.33 In order to carry out the duties in subdivision 1, the 49.34 commissioner, in addition to whatever other resources the 49.35 department may commit, shall make grants and enter into 49.36 contracts to fulfill the obligations of subdivision 1. The 50.1 commissioner may enter into partnerships or seek gifts to carry 50.2 out subdivision 1. The commissioner may contract with, among 50.3 others, agricultural commodity organizations, the University of 50.4 Minnesota, and agriculture related businesses to fulfill the 50.5 duties. The commissioner shall make permanent rules for the 50.6 administration of these grants and contracts. The rules shall 50.7 specify at a minimum: 50.8 (a) eligibility criteria; 50.9 (b) application procedures; 50.10 (c) provisions for application review and project approval; 50.11 (d) provisions for program monitoring and review for all 50.12 approved grants and contracts; and 50.13 (e) other provisions the commissioner finds necessary. 50.14 Contracts entered into by the commissioner pursuant to this 50.15 subdivision shall not exceed 75 percent of the cost of the 50.16 project supported by the commissioner's grant. In any biennium, 50.17 no organization shall receive more than $70,000 in grants from 50.18 the commissioner. 50.19 Subd. 3. [AUDITS.] The books, records, documents, and 50.20 accounting procedures and practices of any organization 50.21 receiving a grant or contract from the commissioner under the 50.22 provisions of subdivision 2 shall be subject to examination by 50.23 the department. The commissioner may prescribe uniform methods 50.24 of accounting to be used by grant or contract recipients. 50.25 Subd. 4. [ADVISORY GROUP.] The commissioner may establish 50.26 an ad hoc advisory group to assist in evaluating grant requests 50.27 madepursuant tounder subdivision 2. 50.28 Subd. 5. [VALUE-ADDED AGRICULTURAL LIVESTOCK PROCESSING 50.29 AND MARKETING GRANT PROGRAM.] (a) For purposes of this section, 50.30 "livestock or dairy processing facility" means land, buildings, 50.31 structures, fixtures, and improvements located or to be located 50.32 in Minnesota and used or operated primarily for the processing 50.33 or production of marketable products from agricultural livestock 50.34 or dairy commodities produced. 50.35 (b) The commissioner shall establish and implement a 50.36 value-added agricultural livestock and dairy processing and 51.1 marketing grant program to help farmers finance new cooperatives 51.2 that organize for the purposes of operating livestock and dairy 51.3 processing facilities and for marketing activities related to 51.4 the sale and distribution of processed livestock and dairy 51.5 products. 51.6 (c) To be eligible for this program a grantee must: 51.7 (1) be a cooperative organized under chapter 308A; 51.8 (2) certify that all of the control and equity in the 51.9 cooperative is from farmers as defined in section 500.24, 51.10 subdivision 2, and actively engaged in livestock or dairy 51.11 production; 51.12 (3) be operated primarily for the processing of livestock 51.13 or dairy produced in Minnesota; 51.14 (4) receive livestock or dairy produced primarily by 51.15 shareholders or members of the cooperative; and 51.16 (5) have no direct or indirect involvement in the 51.17 production of livestock and dairy. 51.18 (d) The commissioner may receive applications from and make 51.19 grants up to $50,000 for feasibility, marketing analysis, and 51.20 predesign of facilities to eligible cooperatives. The 51.21 commissioner shall give priority to applicants who use the 51.22 grants for planning costs related to an application for 51.23 assistance from the Farm Service Agency. 51.24 Sec. 22. [17.110] [BEAVER DAMAGE CONTROL GRANTS.] 51.25 Subdivision 1. [ESTABLISHMENT.] The commissioner of 51.26 agriculture shall establish a beaver damage control grant 51.27 program to provide grants for the control of beaver activities 51.28 causing damage to public waters, roads, and ditches and adjacent 51.29 private property. The grants may only be made to a joint powers 51.30 board established under section 471.59 by two or more 51.31 governmental units and may include Indian tribal governments. 51.32 Subd. 2. [GRANT AMOUNT.] The commissioner may provide up 51.33 to 50 percent of the costs of implementing a beaver damage 51.34 control program by a joint powers board. 51.35 Subd. 3. [AWARDING OF GRANTS.] Applications for grants 51.36 must be made to the commissioner on forms prescribed by the 52.1 commissioner. The commissioner shall consult with town 52.2 supervisors and county commissioners representing different 52.3 areas of the state in developing the application form. A joint 52.4 powers board seeking a grant may be required to supply 52.5 information on the beaver control program it has adopted, the 52.6 extent of the problem in the geographic area covered by the 52.7 joint powers agreement, and the ability of the joint powers 52.8 board to match the state grant. The commissioner may prioritize 52.9 the grant applications based upon the information requested as 52.10 part of the grant application. 52.11 Subd. 4. [REPORT.] (a) Within one year after receiving a 52.12 grant under this section, a joint powers board must report to 52.13 the commissioner on the board's efforts to control beaver in the 52.14 area. 52.15 (b) The commissioner shall report to the senate and house 52.16 environment and natural resources committees on the efforts 52.17 under this section to control beaver by December 15 of each 52.18 even-numbered year. 52.19 Sec. 23. Minnesota Statutes 1996, section 17.116, 52.20 subdivision 2, is amended to read: 52.21 Subd. 2. [ELIGIBILITY.] (a) Grants may only be made to 52.22 farmers, educational institutions, individuals at educational 52.23 institutions, or nonprofit organizations residing or located in 52.24 the state for demonstrations on farms in the state. 52.25 (b) Grants may only be made for projects that show: 52.26 (1) the ability to maximize direct or indirect energy 52.27 savings or production; 52.28 (2) a positive effect or reduced adverse effect on the 52.29 environment; and 52.30 (3) profitability for the individual farm. 52.31 Sec. 24. Minnesota Statutes 1996, section 17.116, 52.32 subdivision 3, is amended to read: 52.33 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants 52.34 must be made to the commissioner on forms prescribed by the 52.35 commissioner. 52.36 (b) The applications must be reviewed, ranked, and 53.1 recommended by a technical review panel appointed by the 53.2 commissioner. The technical review panel shall consist of a 53.3 soil scientist, an agronomist, a representative from a 53.4 post-secondary educational institution, two resident farmers of 53.5 the state using sustainable agriculture methods, and a chair 53.6 from the department. 53.7 (c) The technical review panel shall rank applications 53.8 according to the following criteria: 53.9 (1) direct or indirect energy savings or production; 53.10 (2) environmental benefit; 53.11 (3) farm profitability; 53.12 (4) the number of farms able to apply the techniques or the 53.13 technology proposed; 53.14 (5) the effectiveness of the project as a demonstration; 53.15 (6) the immediate transferability of the project to farms; 53.16 and 53.17 (7) the ability of the project to accomplish its goals. 53.18 (d) The commissioner shall consider the recommendations of 53.19 the technical review panel and may award grants for eligible 53.20 projects. Priority must be given to applicants who are farmers 53.21 or groups of farmers. 53.22 (e) Grants for eligible projects may not exceed $25,000 53.23 unless the portion above $25,000 is matched on an equal basis by 53.24 the applicant's cash or in-kind land use contribution. Grant 53.25 funding of projects may not exceed $50,000 under this section, 53.26 but applicants may utilize other funding sources. A portion of 53.27 each grant must be targeted for public information activities of 53.28 the project. 53.29 (f) A project may continue for up to three years. 53.30 Multiyear projects must be reevaluated by the technical review 53.31 panel and the commissioner before second or third year funding 53.32 is approved. A project is limited to one grant for its funding. 53.33(g) Only one grant under this section may be made per53.34grantee.53.35 Sec. 25. Minnesota Statutes 1996, section 17.4988, is 53.36 amended to read: 54.1 17.4988 [LICENSE AND INSPECTION FEES.] 54.2 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or 54.3 license must be issued by the commissioner if the requirements 54.4 of law are met and the license and permit fees specified in this 54.5 section are paid. 54.6 Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for 54.7 an aquatic farming license is $275. 54.8 (b) The aquatic farming license may contain endorsements 54.9 for the rights and privileges of the following licenses under 54.10 the game and fish laws. The endorsement must be made upon 54.11 payment of the license fee prescribed in section 97A.475 for the 54.12 following licenses: 54.13 (1) minnow dealer license; 54.14 (2) minnow retailer license for sale of minnows as bait; 54.15 (3) minnow exporting license; 54.16 (4)minnow dealer helper license;54.17(5)aquatic farm vehicle endorsement, which includes a 54.18 minnow dealer vehicle license, a minnow retailer vehicle 54.19 license, an exporting minnowhaulervehicle license, and a fish 54.20 vendorvehiclelicense; 54.21(6)(5) sucker egg taking license; and 54.22(7)(6) game fish packers license. 54.23 Subd. 3. [INSPECTION FEES.] The fees for the following 54.24 inspections are: 54.25 (1) initial inspection of each water to be licensed, $50; 54.26 (2) fish health inspection and certification, $20 54.27 plus$80$100 per lot thereafter; and 54.28 (3) initial inspection for containment and quarantine 54.29 facility inspections, $50. 54.30 Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a 54.31 commercial aquarium facility must have a commercial aquarium 54.32 facility license issued by the commissioner if the facility 54.33 contains species of aquatic life that are for sale and that are 54.34 present in waters of the state. The commissioner may require an 54.35 aquarium facility license for aquarium facilities importing or 54.36 holding species of aquatic life that are for sale and that are 55.1 not present in Minnesota if those species can survive in waters 55.2 of the state. The fee for an aquarium facility license 55.3 is$15$20. 55.4 (b) Game fish transferred by an aquarium facility must be 55.5 accompanied by a receipt containing the information required on 55.6 a shipping document by section 17.4985, subdivision 3, paragraph 55.7 (b). 55.8 Sec. 26. Minnesota Statutes 1996, section 17.76, is 55.9 amended to read: 55.10 17.76 [MINNESOTA DAIRY PRODUCERS AND CONSUMERS BOARD.] 55.11 Subdivision 1. [ESTABLISHMENT; COMPOSITION; OFFICERS.] (a) 55.12 The Minnesota dairy producers and consumers board consists of 17 55.13 members. Fourteen of the members must be eligible family dairy 55.14 producers. Three of the members must represent food consumer 55.15 groups. For purposes of this section, "eligible family dairy 55.16 producer" means a natural person who daily manages and operates 55.17 a dairy farm owned by the person. "Eligible family dairy 55.18 producer" does not include a person who is currently an employee 55.19 of or a member of the board of directors of an organization 55.20 involved in milk processing or dairy marketing. 55.21 (b) The board shall elect from among its members a chair 55.22 and other appropriate officers. 55.23 Subd. 2. [APPOINTMENT; TERMS; COMPENSATION.] (a) Two 55.24 members of the board shall be appointed by each of seven 55.25 organizations representing agriculture in Minnesota. The 55.26 organizations are: 55.27 Minnesota Farmers Union; 55.28 National Farmers Organization; 55.29 Farmers Union Milk Marketing Cooperative; 55.30 Minnesota Milk Producers; 55.31 Sustainable Farming Association of Minnesota; 55.32 Minnesota Farm Bureau; and 55.33 Minnesota COACT. 55.34 One member of the board shall be appointed by each of three 55.35 organizations representing consumers in Minnesota. The 55.36 organizations are: 56.1 Minnesota Food Association; 56.2 Minnesota Senior Federation; and 56.3 Minnesota COACT. 56.4 To the extent practicable, the members must be selected to 56.5 represent the broad diversity of Minnesota's dairy producers. 56.6 (b) The terms and compensation of members and reimbursement 56.7 for their expenses is governed by section 15.059. 56.8 (c) The board expires on June 30, 2001. 56.9 Subd. 3. [DUTIES.] (a) The boardshallmay monitor 56.10 economic aspects of the dairy production, processing, and 56.11 marketing process including: 56.12 (1) the movement of milk by processors; 56.13 (2) price setting at theGreen Bay, Wisconsin,National 56.14 Cheese Exchange in Chicago; 56.15 (3) processor pricingschemesmethods; 56.16 (4) producer checkoffs and the use of checkoff funds; 56.17 (5) federal and state pricing policy; and 56.18 (6) other activities that affect the farm gate price of raw 56.19 milk. 56.20 (b) The boardshallmay regularly educate producers, 56.21 processors, consumers, and policymakers about the reasons for 56.22 inadequate raw milk prices. 56.23 (c) The boardshallmay conduct quarterly surveys of dairy 56.24 producers to identify problems created by milk prices that do 56.25 not provide a fair return on the investment of producers. The 56.26 boardmustmay compile the information from these surveys and 56.27 recommend solutions to producers. 56.28 (d) The boardshallmay determine dairy production costs in 56.29 each county through periodic surveys and from local 56.30 organizations of producers. 56.31(e) The board shall serve as an advocate for dairy56.32producers in assuring that members of cooperatives are awarded56.33protections similar to the rights of members of cooperative56.34electric associations under section 216B.027.56.35 Sec. 27. [17.861] [REPLACEMENT OF MERCURY MANOMETERS.] 56.36 The commissioner, in cooperation with the pollution control 57.1 agency, the office of environmental assistance, dairy equipment 57.2 manufacturers and suppliers, and other interested parties, shall 57.3 develop a program to provide replacement nonmercury manometers 57.4 for a $50 fee and to arrange for the acceptance, disposal, and 57.5 recycling of the mercury, apparatus, and manometers at no cost 57.6 to the dairy farmer. The mercury, manometers, and apparatus 57.7 shall be managed in accordance with sections 115A.932 and 116.92. 57.8 Sec. 28. Minnesota Statutes 1996, section 18.79, is 57.9 amended by adding a subdivision to read: 57.10 Subd. 12. [NOXIOUS-WEED-FREE FORAGE AND MULCH 57.11 CERTIFICATION AGENCY.] The official certification agency for 57.12 noxious-weed-free forage and mulch shall be determined by the 57.13 commissioner of agriculture in consultation with the director of 57.14 the Minnesota agricultural experiment station. 57.15 Sec. 29. Minnesota Statutes 1996, section 18C.421, 57.16 subdivision 1, is amended to read: 57.17 Subdivision 1. [SEMIANNUAL STATEMENT.] (a) Each licensed 57.18 distributor of fertilizer and each registrant of a specialty 57.19 fertilizer, soil amendment, or plant amendment must file a 57.20 semiannual statement for the periods ending December 31 and June 57.21 30 with the commissioner on forms furnished by the commissioner 57.22 stating the number of net tons and grade of each raw fertilizer 57.23 material distributed or the number of net tons of each brand or 57.24 grade of fertilizer, soil amendment, or plant amendment 57.25 distributed in this state during the reporting period. 57.26 (b) A report from a licensee who sells to an ultimate 57.27 consumer must be accompanied by records or invoice copies 57.28 indicating the name of the distributor who paid the inspection 57.29 fee, the net tons received, and the grade or brand name of the 57.30 products received. 57.31 (c) The report is due on or before the last day of the 57.32 month following the close of each reporting period of each 57.33 calendar year. 57.34 (d) The inspection fee at the rate stated in section 57.35 18C.425, subdivision 6, must accompany the statement. 57.36 Sec. 30. Minnesota Statutes 1996, section 18C.425, 58.1 subdivision 1, is amended to read: 58.2 Subdivision 1. [APPLICATION FEESFERTILIZER LICENSE.] (a) 58.3 An application forother licensesa license for each fixed 58.4 location to be covered by the license within the state must be 58.5 accompanied by a nonrefundable application fee of $100fee. 58.6 (b) An application for a license for all fixed locations of 58.7 a firm outside of the state must be accompanied by 58.8 a nonrefundable application fee of $100. 58.9 (c) An application for a license to cover mobile mechanical 58.10 units must be accompanied by a nonrefundable application fee of 58.11 $100 for the first unit operated by one distributor and $50 for 58.12 each additional mobile mechanical unit. 58.13 Sec. 31. Minnesota Statutes 1996, section 18C.425, 58.14 subdivision 2, is amended to read: 58.15 Subd. 2. [SPECIALTY FERTILIZER REGISTRATION.] An 58.16 application for registration of a specialty fertilizer must be 58.17 accompanied by aregistrationnonrefundable application fee of 58.18 $100 for each brand and grade to be sold or distributed as 58.19 provided in section 18C.411. 58.20 Sec. 32. Minnesota Statutes 1996, section 18C.425, 58.21 subdivision 3, is amended to read: 58.22 Subd. 3. [SOIL AMENDMENT AND PLANT AMENDMENT 58.23 REGISTRATION.] An application for registration of a soil 58.24 amendment or plant amendment must be accompanied by a 58.25registrationnonrefundable application fee of $200 for each 58.26 brand sold or distributed as provided in section 18C.411. 58.27 Sec. 33. Minnesota Statutes 1996, section 18C.425, 58.28 subdivision 6, is amended to read: 58.29 Subd. 6. [INSPECTION FEES.]AThe personwho sells or58.30distributesresponsible for payment of the inspection fees for 58.31 fertilizers, soil amendments, or plant amendments sold and used 58.32 in this state must pay an inspection feeamounting to the58.33greaterof1525 cents per ton of fertilizer, soil amendment, 58.34 and plant amendment sold or distributed in this stateor, with a 58.35 minimum of $10 on all tonnage reports. Products sold or 58.36 distributed to manufacturers or exchanged between them are 59.1 exempt from the inspection fee imposed by this subdivision if 59.2 the products are used exclusively for manufacturing purposes. 59.3 Sec. 34. Minnesota Statutes 1996, section 18C.531, 59.4 subdivision 2, is amended to read: 59.5 Subd. 2. [AGRICULTURAL LIMING MATERIALS.] "Agricultural 59.6 liming materials" means materials whose calcium or magnesium 59.7 compounds, or both, account for an ENP of3020 percent or more 59.8 and includes, but is not limited to, burnt lime, hydrated lime, 59.9 industrial by-product, limestone, and marl. 59.10 Sec. 35. Minnesota Statutes 1996, section 18C.551, is 59.11 amended to read: 59.12 18C.551 [LICENSEAPPLICATION, SAMPLING, AND INSPECTION 59.13 FEES.] 59.14 Subdivision 1. [APPLICATION FEEAGRICULTURAL LIMING 59.15 MATERIALS LICENSE.] An application for a license must be 59.16 accompanied by a nonrefundablelicenseapplication fee of $150. 59.17 This feeshalldoes not apply to occasional sales of 50 tons or 59.18 less on an annual basis. 59.19 Subd. 2. [ADDITIONALFEEAFTER JANUARY 1FOR LATE 59.20 APPLICATION.] If an application for license renewal is not filed 59.21 before January 1, an additional nonrefundable application fee of 59.22 50 percent of the amount due may be assessed before the renewal 59.23 license is issued. 59.24 Subd. 2a. [FEE FOR PRODUCT USE WITHOUT INITIAL 59.25 LICENSE.] An applicant shall pay an additional application fee 59.26 equal to the amount due for each license required if the 59.27 applicant has distributed or used products in this state before 59.28 the commissioner has issued an initial license for the products 59.29 distributed or used. 59.30 Subd. 3. [INSPECTION FEES.] A person shall pay an 59.31 inspection fee, at the rateof five cents per ton, must be paid59.32 to the commissioner for all agricultural liming material offered 59.33 for sale or sold in this state with a minimum of $10 on all 59.34 tonnage reports. If more than one person is involved in the 59.35 distribution of agricultural liming material, the person who 59.36 first sellsor importsthe agricultural liming material is 60.1 responsible for the inspection fee. A person licensed under 60.2 section 18C.541 must retain invoices showing proof of inspection 60.3 fees paid. 60.4 Subd. 4. [SAMPLE AND ANALYSIS FEE.] The commissioner may 60.5 sample agricultural liming material from a source of production 60.6 to the extent the commissioner considers necessary to implement 60.7 sections 18C.531 to 18C.575. The commissioner shall charge a 60.8 sampling fee of $40must be assessedfor each sample collected. 60.9 If the sample and analysis fee is not paid before 60 days after 60.10 billing, the commissioner shall assess an additional 60.11 nonrefundable late payment fee of 50 percent of the total sample 60.12 and analysis fee due. 60.13 Subd. 5. [DEPOSIT OF FEES.] Fees and penalties collected 60.14 under sections 18C.531 to 18C.575 must be deposited in the 60.15 general fund. 60.16 Sec. 36. Minnesota Statutes 1996, section 25.31, is 60.17 amended to read: 60.18 25.31 [CITATION, COMMERCIAL FEED LAW.] 60.19 Sections 25.31 to25.44 shall be25.43 are known and may be 60.20 cited as the Minnesota Commercial Feed Law. 60.21 Sec. 37. Minnesota Statutes 1996, section 25.32, is 60.22 amended to read: 60.23 25.32 [ENFORCING OFFICIAL.] 60.24 Sections 25.31 to25.4425.43 shall be administered by the 60.25 commissionerof the department of agriculture, hereinafter60.26referred to as the "commissioner". 60.27 Sec. 38. Minnesota Statutes 1996, section 25.33, 60.28 subdivision 1, is amended to read: 60.29 Subdivision 1. [SCOPE.] When used in sections 25.31 to 60.3025.4425.43, the terms defined in this section have the meanings 60.31 given them. 60.32 Sec. 39. Minnesota Statutes 1996, section 25.33, 60.33 subdivision 5, is amended to read: 60.34 Subd. 5. [COMMERCIAL FEED.] "Commercial feed" meansall60.35 materialsexceptor combinations of materials that are 60.36 distributed or intended to be distributed for use as feed or for 61.1 mixing in feed, including feed for aquatic animals, unless the 61.2 materials are specifically exempted. Unmixedseed,wholeor61.3processed, whenseeds and physically altered entire unmixed 61.4 seeds, if the whole or physically altered seeds are not 61.5 chemically changed or are not adulterated within the meaning of 61.6 section 25.37,paragraphsparagraph (a),(b), (c), or (d) which61.7are distributed for use as feed or for mixing in feed, including61.8feed for aquatic animalsare exempt. The commissioner by rule 61.9 may exempt from this definition, or from specific provisions of 61.10 sections 25.31 to25.4425.43, commodities such as hay, straw, 61.11 stover, silage, cobs, husks, hulls, and individual chemical 61.12 compounds or substanceswhen suchif those commodities, 61.13 compounds, or substances are not intermixed with other 61.14 materials, and are not adulterated within the meaning of section 61.15 25.37,paragraphsparagraph (a), (b), (c), or (d). 61.16 Sec. 40. Minnesota Statutes 1996, section 25.33, 61.17 subdivision 6, is amended to read: 61.18 Subd. 6. [FEED INGREDIENT.] "Feed ingredient" means each 61.19 of the constituent materials making up a commercial feedor pet61.20food. 61.21 Sec. 41. Minnesota Statutes 1996, section 25.33, 61.22 subdivision 9, is amended to read: 61.23 Subd. 9. [CUSTOMER FORMULA FEED.] "Customer formula feed" 61.24 means commercial feed which consists of a mixture of commercial 61.25 feeds or feed ingredients or both, each batch of which is 61.26 manufactured according to the specific instructions of the final 61.27 purchaser. 61.28 Sec. 42. Minnesota Statutes 1996, section 25.33, 61.29 subdivision 20, is amended to read: 61.30 Subd. 20. [PET.] "Pet" meansanya domesticatedanimaldog 61.31 or cat normally maintained in or near the household oftheits 61.32 ownerthereof. 61.33 Sec. 43. Minnesota Statutes 1996, section 25.33, is 61.34 amended by adding a subdivision to read: 61.35 Subd. 21. [COMMISSIONER.] "Commissioner" means the 61.36 commissioner of agriculture or a designated representative. 62.1 Sec. 44. Minnesota Statutes 1996, section 25.33, is 62.2 amended by adding a subdivision to read: 62.3 Subd. 22. [SPECIALTY PET.] "Specialty pet" means a 62.4 domesticated animal normally maintained in a cage or tank, 62.5 including, but not limited to, a gerbil, hamster, canary, 62.6 psittacine bird, mynah, finch, tropical fish, goldfish, snake, 62.7 or turtle. "Specialty pet" does not include a dog, cat, horse, 62.8 rabbit, or wild bird. 62.9 Sec. 45. Minnesota Statutes 1996, section 25.33, is 62.10 amended by adding a subdivision to read: 62.11 Subd. 23. [SPECIALTY PET FOOD.] "Specialty pet food" means 62.12 commercial feed prepared and distributed for consumption by 62.13 specialty pets. 62.14 Sec. 46. Minnesota Statutes 1996, section 25.33, is 62.15 amended by adding a subdivision to read: 62.16 Subd. 24. [QUANTITY STATEMENT.] "Quantity statement" means 62.17 a statement of the net weight (mass), net volume (liquid or 62.18 dry), count, or other form of measurement. 62.19 Sec. 47. [25.341] [LICENSING.] 62.20 Subdivision 1. [REQUIREMENT.] Before a person may: (1) 62.21 manufacture a commercial feed in the state; (2) distribute a 62.22 commercial feed in or into the state; or (3) have the person's 62.23 name appear on the label of a commercial feed as guarantor, the 62.24 person must have a commercial feed license for each 62.25 manufacturing or distributing facility. A person who makes only 62.26 retail sales of commercial feed bearing labeling or another 62.27 approved indication that the commercial feed is from a licensed 62.28 manufacturer, guarantor, or distributor who has assumed full 62.29 responsibility for the tonnage inspection fee due under sections 62.30 25.31 to 25.43 is not required to obtain a license. 62.31 Subd. 2. [APPLICATION; FEE; TERM.] A person who is 62.32 required to have a commercial feed license shall submit an 62.33 application on a form provided or approved by the commissioner 62.34 accompanied by a license fee of $25 paid to the commissioner for 62.35 each facility. The license year is the calendar year. A 62.36 license expires on December 31 of the year for which it is 63.1 issued, except that a license is valid through January 31 of the 63.2 next year or until the issuance of the renewal license, 63.3 whichever comes first, if the licensee has filed a renewal 63.4 application with the commissioner on or before December 31 of 63.5 the year for which the current license was issued. A new 63.6 applicant who fails to obtain a license within 15 working days 63.7 of notification of the requirement to obtain a license, or a 63.8 licensee who fails to comply with license renewal requirements, 63.9 shall pay a $50 late fee in addition to the license fee. The 63.10 commissioner may issue a withdrawal from distribution order on 63.11 any commercial feed that an unlicensed person produces or 63.12 distributes in the state until a license is issued. 63.13 Subd. 3. [COPIES OF LABELS.] The commissioner may request 63.14 from a licensee copies of labels and labeling in order to 63.15 determine compliance with sections 25.31 to 25.43. 63.16 Subd. 4. [DENIAL; REVOCATION; SUSPENSION; LIMITS.] The 63.17 commissioner may deny a license to a person or suspend or revoke 63.18 the license of a person who is not in compliance with sections 63.19 25.31 to 25.43. The commissioner may impose conditions that 63.20 limit production or distribution of a particular commercial feed 63.21 on the license of a person who is not in compliance with 63.22 sections 25.31 to 25.43. A license may not be conditionalized, 63.23 suspended, refused, or revoked unless the applicant or licensee 63.24 has been given an opportunity to be heard before the 63.25 commissioner in order to comply with the requirements of 63.26 sections 25.31 to 25.43. 63.27 Sec. 48. Minnesota Statutes 1996, section 25.35, is 63.28 amended to read: 63.29 25.35 [LABELING.] 63.30A commercial feed shall be labeled as follows:63.31 (a)In case ofA commercial feed, except a customer formula 63.32 feed,it shallmust be accompanied by a label bearing the 63.33 following information: 63.34 (1)The net weight.63.35(2)the product name and the brand name, if any, under 63.36 which the commercial feed is distributed.; 64.1(3)(2) the guaranteed analysis, stated insuchtermsas64.2 the commissioner requires by ruledetermines is required, to 64.3 advise the user of the composition of the feed or to support 64.4 claims made in the labeling.In all casesThe substances or 64.5 elements must be determinable by laboratory methods such as the 64.6 methods published by theAssociation of Official Analytical64.7Chemists.AOAC International or other generally recognized 64.8 methods; 64.9(4)(3) the common or usual name of each ingredient used in 64.10 the manufacture of the commercial feed. The commissioner may by 64.11 rule permit the use of a collective term for a group of 64.12 ingredients which perform a similar function, or may exemptsuch64.13 commercial feeds,or any groupthereof,of commercial feeds from 64.14 this requirementof an ingredient statementon finding thatsuch64.15 an ingredient statement is not required in the interest of 64.16 consumers.; 64.17(5)(4) the name and principal mailing address of the 64.18 manufacturer or the person responsible for distributing the 64.19 commercial feed.; 64.20(6)(5) adequate directions for use for all commercial 64.21 feeds containing drugs and for such other feeds as the 64.22 commissioner may require by rule as necessary for their safe and 64.23 effective use.; 64.24(7) Such(6) precautionary statementsaswhich the 64.25 commissioner determines by ruledeterminesare necessary for the 64.26 safe and effective use of the commercial feed; and 64.27 (7) a quantity statement. 64.28 (b)In the case ofA customer formula feed, it shallmust 64.29 be accompanied by a label, invoice, delivery slip, or other 64.30 shipping document,bearing the following information: 64.31 (1) name and address of the manufacturer.; 64.32 (2) name and address of the purchaser.; 64.33 (3) date of delivery.; 64.34 (4) the product name andbrand name, if any, andeither 64.35(1)(i) thenet weightquantity of eachregisteredcommercial 64.36 feedused in the mixture,andthe net weight ofeach other 65.1 ingredient used in the mixture, or(2)(ii) a guaranteed 65.2 analysis and list of ingredients in paragraph(A), (3) and65.3(4).(a), clauses (2) and (3); 65.4 (5) adequate directions for use for all customer formula 65.5 feeds containing drugs and forsuchother feedsasthe 65.6 commissionermay requirerequires by rule as necessary for their 65.7 safe and effective use.; 65.8 (6)Suchprecautionary statementsasthe commissioner 65.9 determines by ruledeterminesare necessary for the safe and 65.10 effective use of the customer formula feed.; 65.11 (7) if a product containing a drug is used: 65.12 (i) the purpose of the medication (claim statement); and 65.13 (ii) the established name of each active drug ingredient 65.14 and the level of each drug used in the final mixture expressed 65.15 in a manner required by the commissioner by rule; and 65.16 (8) for a customer formula feed for which the formula is 65.17 developed by someone other than the manufacturer, a disclaimer 65.18 may be included on the label stating "THIS FEED IS A CUSTOMER 65.19 FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE MANUFACTURER. 65.20 THE MANUFACTURER DOES NOT CLAIM, REPRESENT, WARRANT, OR 65.21 GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL ADEQUACY 65.22 OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED FOR ITS 65.23 INTENDED PURPOSE." 65.24 (c) The manufacturer of a customer formula feed the formula 65.25 of which is developed by someone other than the manufacturer is 65.26 not responsible or liable for the nutritional adequacy or the 65.27 nutritional suitability of the feed for its intended purpose if: 65.28 (1) the manufacturer does not make a claim of nutritional 65.29 adequacy for the customer formula feed and does not make a claim 65.30 for nutritional suitability of the feed for its intended 65.31 purpose; and (2) the manufacturer includes the disclaimer in 65.32 paragraph (b), clause (8). A person other than the manufacturer 65.33 who develops or recommends a formula for a customer formula feed 65.34 is responsible for providing to the manufacturer of the feed the 65.35 appropriate labeling information and for providing the 65.36 appropriate use information to the feed manufacturer. 66.1 Sec. 49. Minnesota Statutes 1996, section 25.36, is 66.2 amended to read: 66.3 25.36 [MISBRANDING.] 66.4 A commercial feedshall be deemed to beis misbranded if: 66.5(a) If(1) its labeling is false or misleading in any 66.6 particular.; 66.7(b) If(2) it is distributed under the name of another 66.8 commercial feed.; 66.9(c) If(3) it is not labeled as required in section 25.35.; 66.10(d) If(4) it purports to be or is represented as a 66.11 commercial feed,orifit purports to contain or is represented 66.12 as containing a commercial feed ingredient unlesssuchthat 66.13 commercial feed or feed ingredient conforms to the definition, 66.14 if any, prescribed by rule by the commissioner.; 66.15(e) If(5) any word, statement, or other information 66.16 required by or under authority of sections 25.31 to25.4425.43 66.17 to appear on the label or labeling is not prominently 66.18 placedthereonon it with such conspicuousness as compared with 66.19 other words, statements, designs, or devices in the labeling, 66.20 and in such terms as to render it likely to be read and 66.21 understood by the ordinary individual under customary conditions 66.22 of purchase and use; or 66.23 (6) its labeling would deceive or mislead the purchaser 66.24 with respect to its composition or suitability. 66.25 Sec. 50. Minnesota Statutes 1996, section 25.37, is 66.26 amended to read: 66.27 25.37 [ADULTERATION.] 66.28 (a) A commercial feedshall be deemed to beor a material 66.29 exempted from the definition of commercial feed under section 66.30 25.33, subdivision 5, is adulterated if: 66.31(a) If(1) it bears or containsanya poisonous or 66.32 deleterious substance which may render it injurious to health; 66.33 but in case the substance is not an added substance,suchthe 66.34 commercial feedshallis notbeconsidered adulteratedunder66.35this sectionif the quantity ofsuchthe substance insuchthe 66.36 commercial feed does not ordinarily render it injurious to 67.1 health;or67.2(b) If(2) it bears or containsanyan added poisonous, 67.3addeddeleterious, oraddednonnutritive substance which is 67.4 unsafe within the meaning of section 406 of the federal Food, 67.5 Drug, and Cosmetic Act, other than the one which is a pesticide 67.6 chemical in or on a raw agricultural commodity, or a food 67.7 additive;or67.8(c) If(3) it is,unsafe oritbears or contains any food 67.9 additive which is unsafe within the meaning of section 409 of 67.10 the federal Food, Drug, and Cosmetic Act;or67.11(d) If(4) it is a raw agricultural commodity and it bears 67.12 or contains a pesticide chemical which is unsafe within the 67.13 meaning of section 408(a) of the federal Food, Drug, and 67.14 Cosmetic Act; provided, that where a pesticide chemical has been 67.15 used in or on a raw agricultural commodity in conformity with an 67.16 exemption granted or a tolerance prescribed under section 408 of 67.17 the federal Food, Drug, and Cosmetic Act andsuchthat raw 67.18 agricultural commodity has been subjected to processing such as 67.19 canning, cooking, freezing, dehydrating, or milling, the residue 67.20 ofsuchthe pesticide chemical remaining in or onsuchthe 67.21 processed feedshallis notbe deemedunsafe ifsuchthe 67.22 residue in or on the raw agricultural commodity has been removed 67.23 to the extent possible in good manufacturing practice and the 67.24 concentration ofsuchthe residue in the processed feed is not 67.25 greater than the tolerance prescribed for the raw agricultural 67.26 commodity unless the feeding ofsuchthe processed feed will 67.27 result or is likely to result in a pesticide residue in the 67.28 edible product of the animal, which is unsafe within the meaning 67.29 of section 408(a) of the federal Food, Drug, and Cosmetic 67.30 Act;or67.31(e) If(5) it is, or it bears or contains any color 67.32 additive which is unsafe within the meaning of section 706 of 67.33 the federal Food, Drug, and Cosmetic Act;or67.34 (6) it is, or it bears or contains, any new animal drug 67.35 which is unsafe within the meaning of section 512 of the federal 67.36 Food, Drug, and Cosmetic Act; 68.1 (7) it consists, in whole or in part, of any filthy, 68.2 putrid, or decomposed substance, or is otherwise unfit for feed; 68.3 (8) it has been prepared, packed, or held under unsanitary 68.4 conditions whereby it may have become contaminated with filth or 68.5 may have been rendered injurious to health; 68.6 (9) it is, in whole or in part, the product of a diseased 68.7 animal or of an animal which has died otherwise than by 68.8 slaughter which is unsafe within the meaning of section 68.9 402(a)(1) or (2) of the federal Food, Drug, and Cosmetic Act; 68.10 (10) its container is composed, in whole or in part, of any 68.11 poisonous or deleterious substance which may render the contents 68.12 injurious to health; or 68.13 (11) it has been intentionally subjected to radiation, 68.14 unless the use of the radiation was in conformity with a 68.15 regulation or exemption in effect under section 409 of the 68.16 federal Food, Drug, and Cosmetic Act. 68.17 (b) A commercial feed is adulterated if: 68.18(f) If(1) any valuable constituent has been in whole or in 68.19 part omitted or abstractedtherefromfrom it or any less 68.20 valuable substance substitutedthereforfor a constituent;or68.21(g) If(2) its composition or quality falls below or 68.22 differs from that which it is purported or is represented to 68.23 possess by its labeling;or68.24(h) If(3) it contains a drug and the methods used in or 68.25 the facilities or controls used for its manufacture, processing, 68.26 or packaging do not conform to current good manufacturing 68.27 practice rules promulgated by the commissioner to assure that 68.28 the drug meets therequirementsafety requirements of sections 68.29 25.31 to25.44 as to safety25.43 and has the identity and 68.30 strength and meets the quality and purity characteristics which 68.31 it purports or is represented to possess. Inpromulgating such68.32 adopting rules under this clause, the commissioner shall adopt 68.33 the current good manufacturing practice rules for medicated feed 68.34 premixes and for medicated feeds established under authority of 68.35 the federal Food, Drug, and Cosmetic Act, unless the 68.36 commissioner determines that they are not appropriate to the 69.1 conditions which exist in this state; or 69.2(i) If(4) it contains viable weed seeds in amounts 69.3 exceedingthelimitswhichestablished by the commissionershall69.4establishby rule. 69.5 Sec. 51. Minnesota Statutes 1996, section 25.38, is 69.6 amended to read: 69.7 25.38 [PROHIBITED ACTS.] 69.8 The following acts andthecausingthereof within the state69.9ofthe following acts in Minnesota are prohibited: 69.10(a) The(1) manufacture or distribution of any commercial 69.11 feed that is adulterated or misbranded.; 69.12(b) The(2) adulteration or misbranding of any commercial 69.13 feed.; 69.14(c) The(3) distribution of agricultural commodities such 69.15 as whole seed, hay, straw, stover, silage, cobs, husks, and 69.16 hulls, which are adulterated within the meaning of section 69.17 25.37, paragraph (a), (b), (c), and (d).; 69.18(d) The(4) removal or disposal of a commercial feed in 69.19 violation of an order under section 25.42.; 69.20(e) The(5) failure or refusal toregister in accordance69.21withobtain a commercial feed license under section 69.2225.34.25.341 or to provide a small package listing under 69.23 section 25.39; or 69.24(f)(6) failure to pay inspection fees or file reports as 69.25 required by section 25.39. 69.26 Sec. 52. Minnesota Statutes 1996, section 25.39, is 69.27 amended to read: 69.28 25.39 [INSPECTION FEES AND REPORTS.] 69.29 Subdivision 1. [AMOUNT OF FEE.] (a) An inspection fee at 69.30 the rate of 16 cents per tonshallmust be paid to the 69.31 commissioner on commercial feeds distributed in this state by 69.32 the person who first distributes the commercial feedto the69.33consumer, subject to the following, except that no fee needs to 69.34 be paid on: 69.35(a) No fee shall be paid on(1) a commercial feed if the 69.36 payment has been made by a previous distributor.; 70.1(b) No fee shall be paid on(2) customer formula feeds if 70.2 the inspection fee is paid on the commercial feeds which are 70.3 used as ingredientstherein.; or 70.4(c) No fee shall be paid on(3) commercial feedswhich are70.5 used as ingredients for the manufacture of commercial 70.6 feedswhich are registeredif the fee has been paid by a 70.7 previous distributor. If the fee has already been paid, 70.8 creditshallmust be given forsuchthat payment. A Minnesota 70.9 feed distributor who distributes commercial feed to purchasers 70.10 outside the state may purchase commercial feeds, without payment 70.11 by any person of the inspection fee required onsuchthose 70.12 purchases, under a permit issued by the commissioner. Such 70.13 permits shall only be issued to commercial feed distributors who 70.14 comply withsuchrulesas may be requiredadopted by the 70.15 commissioner relative to recordkeeping, tonnage of commercial 70.16 feed distributed in Minnesota, total of all commercial feed 70.17 tonnage distributed, and all other information which the 70.18 commissioner may require so as toinsureensure that proper 70.19 inspection fee payment has been made. 70.20(d)(b) In the case ofa commercial feed which ispet food 70.21 distributed in the state only in packages of ten pounds or less, 70.22 a listing of each product and a current label for each product 70.23 must be submitted annually on forms provided by the commissioner 70.24 and accompanied by an annual fee of $50shall be paidfor each 70.25 product in lieu of the inspection feespecified above. This 70.26 annual fee is due by July 1. The inspection fee required by 70.27 paragraph (a) applies to pet food distributed in packages 70.28 exceeding ten pounds. 70.29 (c) In the case of specialty pet food distributed in the 70.30 state only in packages of ten pounds or less, a listing of each 70.31 product and a current label for each product must be submitted 70.32 annually on forms provided by the commissioner and accompanied 70.33 by an annual fee of $25 for each product in lieu of the 70.34 inspection fee. This annual fee is due by July 1. The 70.35 inspection fee required by paragraph (a) applies to specialty 70.36 pet food distributed in packages exceeding ten pounds. 71.1 (d) The minimum inspection fee is $10 per annual reporting 71.2 period. 71.3 Subd. 1a. [CONTAINERS OF TEN POUNDS OR LESS.] A 71.4 distributor who is subject to the annual fee specified in 71.5 subdivision 1, paragraph (b) or (c), shall do the following: 71.6 (1) before beginning distribution, file with the 71.7 commissioner a listing of pet and specialty pet foods to be 71.8 distributed in the state only in containers of ten pounds or 71.9 less, on forms provided by the commissioner. The listing under 71.10 this clause must be renewed annually before July 1 and is the 71.11 basis for the payment of the annual fee. New products added 71.12 during the year must be submitted to the commissioner as a 71.13 supplement to the annual listing before distribution; and 71.14 (2) if the annual renewal of the listing is not received 71.15 before July 1 or if an unlisted product is distributed, pay a 71.16 late filing fee of $10 per product in addition to the normal 71.17 charge for the listing. The late filing fee under this clause 71.18 is in addition to any other penalty under this chapter. 71.19 Subd. 2. [SEMIANNUALANNUAL STATEMENT.]EachA person who 71.20 is liable for the payment ofsucha fee under this section shall 71.21 file with the commissioner on forms furnished by the 71.22 commissioner, a semiannualan annual statementfor the periods71.23ending December 31 and June 30setting forth the number of net 71.24 tons of commercial feeds distributed in this state duringsuch71.25reporting periodthe calendar year. The reportshall beis 71.26 dueon or beforeby the30th31st ofthe month following the71.27close of each reporting period of each calendar yeareach 71.28 January. The inspection fee at the rate specified in 71.29 subdivision 1, shallmust accompany the statement. For each 71.30 tonnage report not filed or payment of inspection fees not 71.31 madewithin 30 days after the end of a reporting periodon time, 71.32 a penalty of10ten percent of the amount due, with a minimum 71.33 penalty of $10,shallmust be assessed against the registrant, 71.34 and the amount of fees due, plus penalty, shall constituteis a 71.35 debt and may be recovered in a civil action against the 71.36 registrant. The assessment of this penaltyshalldoes not 72.1 prevent the department from taking other actions as provided in 72.2 this chapter. 72.3 Subd. 3. [RECORDS.] Eachdistributorperson required to 72.4 pay an inspection fee or to report in accordance with this 72.5 section shall keepsuchrecordsas may bethat are necessary or 72.6 required by the commissioner to indicate accurately the tonnage 72.7 of commercial feed distributed in this state, and the 72.8 commissionershall have the right tomay examinesuchthose 72.9 records to verify statements of tonnage. Failure to make an 72.10 accurate statement of tonnage or to pay the inspection fee or 72.11 complyas provided herein shall constitutewith this section is 72.12 sufficient cause for the cancellation ofall registrations on72.13file forthe commercial feed license of the distributor. 72.14 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A 72.15 commercial feed inspection account is established in the state 72.16 treasury. Fees and penalties collected under sections 25.35 to 72.1725.4425.43 and interest attributable to money in the account 72.18 must be deposited in the state treasury and credited to the 72.19 commercial feed inspection account. 72.20 Sec. 53. Minnesota Statutes 1996, section 25.41, 72.21 subdivision 6, is amended to read: 72.22 Subd. 6. [METHODS.] Sampling and analysisshallmust be 72.23 conducted in accordance with methods published by 72.24 theAssociation of Official Analytical Chemists,AOAC 72.25 International orin accordance withother generally recognized 72.26 methods. 72.27 Sec. 54. Minnesota Statutes 1996, section 28A.08, 72.28 subdivision 3, is amended to read: 72.29 Subd. 3. [FEES EFFECTIVE JULY 1, 1996.] 72.30 Penalties 72.31 Type of food handler License Late No 72.32 Fee Renewal License 72.33 Effective 72.34 July 1, 1996 72.35 1. Retail food handler 72.36 (a) Having gross sales of only 73.1 prepackaged nonperishable food 73.2 of less than $15,000 for 73.3 the immediately previous 73.4 license or fiscal year and 73.5 filing a statement with the 73.6 commissioner $ 45 $ 15 $ 25 73.7 (b) Having under $15,000 gross 73.8 sales including food preparation 73.9 or having $15,000 to $50,000 73.10 gross sales for the immediately 73.11 previous license or fiscal year $ 61 $ 15 $ 25 73.12 (c) Having $50,000 to $250,000 73.13 gross sales for the immediately 73.14 previous license or fiscal year $118 $ 35 $ 75 73.15 (d) Having $250,000 to 73.16 $1,000,000 gross sales for the 73.17 immediately previous license or 73.18 fiscal year $202 $ 50 $100 73.19 (e) Having $1,000,000 to 73.20 $5,000,000 gross sales for the 73.21 immediately previous license or 73.22 fiscal year $562 $100 $175 73.23 (f) Having $5,000,000 to 73.24 $10,000,000 gross sales for the 73.25 immediately previous license or 73.26 fiscal year $787 $150 $300 73.27 (g) Having over $10,000,000 73.28 gross sales for the immediately 73.29 previous license or fiscal year $899 $200 $350 73.30 2. Wholesale food handler 73.31 (a) Having gross sales or 73.32 service of less than $25,000 73.33 for the immediately previous 73.34 license or fiscal year $ 50 $ 15 $ 15 73.35 (b) Having $25,000 to 73.36 $250,000 gross sales or 74.1 service for the immediately 74.2 previous license or fiscal year $225 $ 50 $100 74.3 (c) Having $250,000 to 74.4 $1,000,000 gross sales or 74.5 service from a mobile unit 74.6 without a separate food facility 74.7 for the immediately previous 74.8 license or fiscal year $337 $ 75 $150 74.9 (d) Having $250,000 to 74.10 $1,000,000 gross sales or 74.11 service not covered under 74.12 paragraph (c) for the immediately 74.13 previous license or fiscal year $449 $100 $200 74.14 (e) Having $1,000,000 to 74.15 $5,000,000 gross sales or 74.16 service for the immediately 74.17 previous license or fiscal year $562 $125 $250 74.18 (f) Having over $5,000,000 gross 74.19 sales for the immediately 74.20 previous license or fiscal year $647 $150 $300 74.21 3. Food broker $112 $ 30 $ 50 74.22 4. Wholesale food processor 74.23 or manufacturer 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$310$ 75$15074.28 $150 $ 50 $100 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$449$100$20074.33 $310 $ 75 $150 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$562$125$25075.2 $449 $100 $200 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$647$150$30075.7 $562 $125 $250 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 $647 $150 $300 75.12 (f) Having over $10,000,000 75.13 gross sales for the immediately 75.14 previous license or fiscal year $900 $200 $350 75.15 5. Wholesale food processor of 75.16 meat or poultry products 75.17 under supervision of the 75.18 U. S. Department of Agriculture 75.19 (a) Having gross sales of less 75.20 than$250,000$125,000 for the 75.21 immediately previous license 75.22 or fiscal year$169$ 50$ 7575.23 $100 $ 25 $ 50 75.24 (b) Having$250,000$125,000 75.25 to$1,000,000$250,000 gross 75.26 sales for the immediately 75.27 previous license or fiscal year$253$ 75$12575.28 $169 $ 50 $ 75 75.29 (c) Having$1,000,000$250,001 75.30 to$5,000,000$1,000,000 gross 75.31 sales for the immediately 75.32 previous license or fiscal year$310$ 75$15075.33 $253 $125 75.34 (d) Havingover$1,000,001 75.35 to $5,000,000 gross sales 75.36 for the immediately previous 76.1 license or fiscal year$366$100$17576.2 $310 $ 75 $150 76.3 (e) Having $5,000,001 to 76.4 $10,000,000 gross sales for 76.5 the immediately previous 76.6 license or fiscal year $366 $100 $175 76.7 (f) Having over $10,000,000 76.8 gross sales for the immediately 76.9 previous license or fiscal year $500 $150 $250 76.10 6. Wholesale food manufacturer 76.11 having the permission of the 76.12 commissioner to use the name 76.13 Minnesota Farmstead cheese $ 30 $ 10 $ 15 76.14 7. Nonresident frozen dairy 76.15 manufacturer $200 $ 50 $ 75 76.16 8. Wholesale food manufacturer 76.17 processing less than70,000700,000 76.18 pounds per year ofcultured76.19dairy food as defined in76.20section 32.486, subdivision 1,76.21paragraph (b)raw milk $ 30 $ 10 $ 15 76.22 9. A milk marketing organization 76.23 without facilities for 76.24 processing or manufacturing 76.25 that purchases milk from milk 76.26 producers for delivery to a 76.27 licensed wholesale food 76.28 processor or manufacturer $ 50 $ 15 $ 25 76.29 Sec. 55. Minnesota Statutes 1996, section 32.103, is 76.30 amended to read: 76.31 32.103 [INSPECTION OF DAIRIES.] 76.32 (a) At times the commissioner determines proper, the 76.33 commissioner shall cause to be inspected all places where dairy 76.34 products are made, stored, or served as food for pay, and all 76.35 places where cows are kept by persons engaged in the sale of 76.36 milk, and shall require the correction of all insanitary 77.1 conditions and practices found. During routine inspections or 77.2 as necessary, the commissioner shall inspect for: 77.3 (1) evidence of use of rBGH in violation of section 32.75, 77.4 by producers providing affidavits of nontreatment under that 77.5 section; and 77.6 (2) mercury manometers in violation of section 116.92. 77.7 (b) A refusal or physical threat that prevents the 77.8 completion of an inspection or neglect to obey a lawful 77.9 direction of the commissioner or the commissioner's agent given 77.10 while carrying out this section may result in the suspension of 77.11 the offender's permit or certification. The offender is 77.12 required to meet with a representative of the offender's plant 77.13 or marketing organization and a representative of the 77.14 commissioner within 48 hours excluding holidays or weekends or 77.15 the suspension will take effect. A producer may request a 77.16 hearing before the commissioner or the commissioner's agent if a 77.17 serious concern exists relative to the retention of the 77.18 offender's permit or certification to sell milk. 77.19 Sec. 56. Minnesota Statutes 1996, section 32.394, 77.20 subdivision 8b, is amended to read: 77.21 Subd. 8b. [MANUFACTURING GRADE FARM CERTIFICATION.] A 77.22 processor or marketing organization of milk, milk products, 77.23 sheep milk, or goat milk who wishes to market other than Grade A 77.24 milk must apply for a manufacturing grade farm certification 77.25 inspection from the commissioner. A manufacturing plant that 77.26 pasteurizes milk or milk by-products must pay an annual fee 77.27based on the number of pasteurization units. This fee must not77.28exceed $140 per unitof not more than $250 which includes the 77.29 inspection of one pasteurization unit. For each additional unit 77.30 the annual fee is $140. The fee for farm certification 77.31 inspection mustnot be more than $25 per farmbe according to 77.32 the following schedule of herd size: 1-29 cows $25, 30-49 cows 77.33 $30, 50-99 cows $35, 100-199 cows $40, 200 or more cows $45. 77.34 These fees are to be paid annually by the processor or by the 77.35 marketing organization on behalf of its patrons. For a farm 77.36 requiring more than the one inspection for certification, a 78.1 reinspection fee of no more than$25$45 must be paid by the 78.2 processor or by the marketing organization on behalf of its 78.3 patrons.The fee must be set by the commissioner in an amount78.4necessary to cover 40 percent of the department's actual cost of78.5providing the annual inspection but must not exceed the limits78.6in this subdivision. No fee increase may be implemented until78.7after the commissioner has held three or more public hearings.78.8 Sec. 57. Minnesota Statutes 1996, section 32.394, 78.9 subdivision 8d, is amended to read: 78.10 Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 78.11 pay to the commissioner a fee for fluid milk processedand, milk 78.12 used in the manufacture of fluid milk products, frozen dairy 78.13 desserts, and mix sold for retail sale in Minnesota.Beginning78.14May 1, 1993,The fee for fluid milk and milk products is not 78.15 less than six cents per hundredweight and not more than nine 78.16 cents per hundredweight. The fee for frozen dairy desserts and 78.17 mix is not less than three-tenths of one cent per gallon or more 78.18 than one cent per gallon. If the commissioner determines that a 78.19 different fee,not less than five cents and not more than nine78.20cents per hundredweight,when combined with general fund 78.21 appropriations and fees charged under sections 31.39 and 32.394, 78.22 subdivision 8, is needed to provide adequate funding for the 78.23 Grades A and B inspection programs and the administration and 78.24 enforcement ofLaws 1993, chapter 65sections 32.70 to 32.74, 78.25 the commissioner may, by rule, change the fee on processors 78.26 within the range provided within this subdivision. 78.27 (b) Processors must report quantities of milk processed 78.28 under paragraph (a) on forms provided by the commissioner. 78.29 Processor fees must be paid monthly. The commissioner may 78.30 require the production of records as necessary to determine 78.31 compliance with this subdivision. 78.32 (c) The commissioner may create within the department a 78.33 dairy consulting program to provide assistance to dairy 78.34 producers who are experiencing problems meeting the sanitation 78.35 and quality requirements of the dairy laws and rules. 78.36 The commissioner may use money appropriated from the dairy 79.1 services account created in subdivision 9 to pay for the program 79.2 authorized in this paragraph. 79.3 Sec. 58. Minnesota Statutes 1996, section 35.71, 79.4 subdivision 5, is amended to read: 79.5 Subd. 5. [ANNUAL LICENSE FEE.] Each licensed institution 79.6 must pay to the board a license fee of$50$100 for each 79.7 calendar year or part of a calendar year. License fees must be 79.8 deposited in the general fund of the state treasury. 79.9 Sec. 59. Minnesota Statutes 1996, section 35.824, is 79.10 amended to read: 79.11 35.824 [APPLICATION FOR REGISTRATION; PENALTIES, DUPLICATE 79.12 BRANDS.] 79.13 The board shall prepare standard forms and supply the forms 79.14 for distribution to those who desire to apply for a brand. The 79.15 application must show a left and right side view of the animals 79.16 upon which a mark or brand will be eligible for registry. The 79.17 mark or brand location must be designated to the following body 79.18 regions: head, bregma, right and left jaw, neck, shoulder, rib, 79.19 hip, and breech. The applicant must select at least three 79.20 distinct marks or brands listed in preferred order, and three 79.21 locations on the animal listed in preferred order. The 79.22 application must be properly signed and notarized and 79.23 accompanied by a fee of$10$25. The mark or brand, if approved 79.24 and accepted by the board, is valid during the ten-year period 79.25 in which it is recorded. A person who knowingly places on an 79.26 animal a mark or brand which has not been registered with the 79.27 board and which is in duplication of a mark or brand that is 79.28 registered with the board is guilty of a felony. "Duplication" 79.29 means the use of a similar mark or brand, used in any position 79.30 on the animal designated for the use of a registered mark or 79.31 brand, such as the head, bregma, jaw, neck, shoulder, rib, hip, 79.32 or breech. A person who alters or defaces a brand or mark on 79.33 any animal to prevent its identification by its owner is guilty 79.34 of a felony. 79.35 Sec. 60. Minnesota Statutes 1996, section 41A.09, 79.36 subdivision 3a, is amended to read: 80.1 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture 80.2 shall make cash payments to producers of ethanol, anhydrous 80.3 alcohol, and wet alcohol located in the state. These payments 80.4 shall apply only to ethanol, anhydrous alcohol, and wet alcohol 80.5 fermented in the state and produced at plants that have begun 80.6 production by June 30, 2000. For the purpose of this 80.7 subdivision, an entity that holds a controlling interest in more 80.8 than one ethanol plant is considered a single producer. The 80.9 amount of the payment for each producer's annual production is: 80.10 (1) except as provided in paragraph (b), for each gallon of 80.11 ethanol or anhydrous alcohol produced on or before June 30, 80.12 2000, or ten years after the start of production, whichever is 80.13 later, 20 cents per gallon; and 80.14 (2) for each gallon produced of wet alcohol on or before 80.15 June 30, 2000, or ten years after the start of production, 80.16 whichever is later, a payment in cents per gallon calculated by 80.17 the formula "alcohol purity in percent divided by five," and 80.18 rounded to the nearest cent per gallon, but not less than 11 80.19 cents per gallon. 80.20 The producer payments for anhydrous alcohol and wet alcohol 80.21 under this section may be paid to either the original producer 80.22 of anhydrous alcohol or wet alcohol or the secondary processor, 80.23 at the option of the original producer, but not to both. 80.24 (b) If the level of production at an ethanol plant 80.25 increases due to an increase in the production capacity of the 80.26 plant and the increased production begins by June 30, 2000, the 80.27 payment under paragraph (a), clause (1), applies to the 80.28 additional increment of production until ten years after the 80.29 increased production began. Once a plant's production capacity 80.30 reaches 15,000,000 gallons per year, no additional increment 80.31 will qualify for the payment. 80.32 (c) The commissioner shall make payments to producers of 80.33 ethanol or wet alcohol in the amount of 1.5 cents for each 80.34 kilowatt hour of electricity generated using closed-loop biomass 80.35 in a cogeneration facility at an ethanol plant located in the 80.36 state. Payments under this paragraph shall be made only for 81.1 electricity generated at cogeneration facilities that begin 81.2 operation by June 30, 2000. The payments apply to electricity 81.3 generated on or before the date ten years after the producer 81.4 first qualifies for payment under this paragraph. Total 81.5 payments under this paragraph in any fiscal year may not exceed 81.6 $750,000. For the purposes of this paragraph: 81.7 (1) "closed-loop biomass" means any organic material from a 81.8 plant that is planted for the purpose of being used to generate 81.9 electricity or for multiple purposes that include being used to 81.10 generate electricity; and 81.11 (2) "cogeneration" means the combined generation of: 81.12 (i) electrical or mechanical power; and 81.13 (ii) steam or forms of useful energy, such as heat, that 81.14 are used for industrial, commercial, heating, or cooling 81.15 purposes. 81.16 (d) The total payments under paragraphs (a) and (b) to all 81.17 producers may not exceed$30,000,000$34,000,000 in a fiscal 81.18 year. Total payments under paragraphs (a) and (b) to a producer 81.19 in a fiscal year may not exceed $3,000,000. 81.20 (e) By the last day of October, January, April, and July, 81.21 each producer shall file a claim for payment for ethanol, 81.22 anhydrous alcohol, and wet alcohol production during the 81.23 preceding three calendar months. A producer with more than one 81.24 plant shall file a separate claim for each plant. A producer 81.25 shall file a separate claim for the original production capacity 81.26 of each plant and for each additional increment of production 81.27 that qualifies under paragraph (b). A producer that files a 81.28 claim under this subdivision shall include a statement of the 81.29 producer's total ethanol, anhydrous alcohol, and wet alcohol 81.30 production in Minnesota during the quarter covered by the claim, 81.31 including anhydrous alcohol and wet alcohol produced or received 81.32 from an outside source. A producer shall file a separate claim 81.33 for any amount claimed under paragraph (c). For each claim and 81.34 statement of total ethanol, anhydrous alcohol, and wet alcohol 81.35 production filed under this subdivision, the volume of ethanol, 81.36 anhydrous alcohol, and wet alcohol production or amounts of 82.1 electricity generated using closed-loop biomass must be examined 82.2 by an independent certified public accountant in accordance with 82.3 standards established by the American Institute of Certified 82.4 Public Accountants. 82.5 (f) Payments shall be made November 15, February 15, May 82.6 15, and August 15. A separate payment shall be made for each 82.7 claim filed. The total quarterly payment to a producer under 82.8 this paragraph, excluding amounts paid under paragraph (c), may 82.9 not exceed $750,000. If the total amount for which all 82.10 producers are eligible in a quarter under paragraphs (a) and (b) 82.11 exceeds$7,500,000$8,500,000, the commissioner shall make 82.12 payments in the order in which the portion of production 82.13 capacity covered by each claim went into production. If the 82.14 total amount of ethanol or wet alcohol production reported for a 82.15 quarter under paragraph (e) equals or exceeds 55,000,000 gallons: 82.16 (1) payments under this subdivision do not apply to the 82.17 amount produced in excess of 55,000,000 gallons; 82.18 (2) the commissioner shall make payments to producers in 82.19 the order in which the portion of production capacity covered by 82.20 each claim began production; and 82.21 (3) only those producers that receive payments for the 82.22 quarter, or received payments under paragraph (a) or (b) in an 82.23 earlier quarter, will be eligible for future ethanol or wet 82.24 alcohol production payments under this subdivision. 82.25 (g) If the total amount for which all producers are 82.26 eligible in a quarter under paragraph (c) exceeds the amount 82.27 available for payments, the commissioner shall make payments in 82.28 the order in which the plants covered by the claims began 82.29 generating electricity using closed-loop biomass. 82.30 (h) After the effective date of this section, new 82.31 production capacity is only eligible for payment under this 82.32 subdivision if the commissioner receives: 82.33 (1) an application for approval of the new production 82.34 capacity; 82.35 (2) an appropriate letter of long-term financial commitment 82.36 for construction of the new capacity; and 83.1 (3) copies of all necessary permits for construction of the 83.2 new capacity. 83.3 The commissioner may approve the additional capacity based 83.4 on the order in which the applications are received. The 83.5 commissioner shall not approve production capacity in excess of 83.6 the limitations in paragraph (f). Existing plants are not 83.7 eligible for new capacity beyond planned expansions reported to 83.8 the commissioner by February 1997. 83.9 Sec. 61. Minnesota Statutes 1996, section 84.027, is 83.10 amended by adding a subdivision to read: 83.11 Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner 83.12 may receive an application for, sell, and issue any license, 83.13 stamp, permit, registration, or transfer under the jurisdiction 83.14 of the commissioner by electronic means, including by 83.15 telephone. The commissioner may: 83.16 (1) provide for the electronic transfer of funds generated 83.17 by electronic transactions, including by telephone; 83.18 (2) appoint agents to administer electronic transactions; 83.19 (3) assign a license identification number to an applicant 83.20 who purchases a hunting or fishing license by electronic means, 83.21 to serve as temporary authorization to engage in the licensed 83.22 activity until the license is received or expires; 83.23 (4) charge and permit agents to charge a reasonable 83.24 transaction fee and credit card fee of individuals who make 83.25 electronic transactions, including transactions by telephone; 83.26 and 83.27 (5) adopt rules to administer the provisions of this 83.28 subdivision. 83.29 (b) A county shall not collect a commission for the sale of 83.30 licenses or permits made by agents appointed by the commissioner 83.31 under this subdivision. 83.32 Sec. 62. Minnesota Statutes 1996, section 84.0273, is 83.33 amended to read: 83.34 84.0273 [CORRECTIONESTABLISHMENT OF BOUNDARY LINES 83.35 RELATING TO CERTAIN STATE LANDHOLDINGS.] 83.36 In order tocorrect errors in legal descriptionsresolve 84.1 boundary line issues affecting the ownership interests of the 84.2 state and adjacent landowners, the commissioner of natural 84.3 resources may, in the name of the state upon terms the 84.4 commissioner deems appropriate, convey,without monetary84.5consideration,by a boundary line agreement, quitclaim deed, or 84.6 management agreement in such form as the attorney general 84.7 approves, such rights, titles, and interests of the state in 84.8 state lands for such rights, titles and interests in adjacent 84.9 lands as are necessary for the purpose ofcorrecting legal84.10descriptions ofestablishing boundaries. A notice of the 84.11 proposed conveyance and a brief statement of the reason therefor 84.12 shall be published once in the State Register by the 84.13 commissioner between 15 and 30 days prior to conveyance. The 84.14 provisions of this section are not intended to replace or 84.15 supersede laws relating to land exchange or disposal of surplus 84.16 state property. 84.17 Sec. 63. Minnesota Statutes 1996, section 84.82, 84.18 subdivision 3, is amended to read: 84.19 Subd. 3. [FEES FOR REGISTRATION.] (a) The fee for 84.20 registration of each snowmobile, other than those used for an 84.21 agricultural purpose, as defined in section 84.92, subdivision 84.22 1c, or those registered by a dealer or manufacturer pursuant to 84.23 clause (b) or (c) shall be as follows:$30$45 for three years 84.24 and $4 for a duplicate or transfer. 84.25 (b) The total registration fee for all snowmobiles owned by 84.26 a dealer and operated for demonstration or testing purposes 84.27 shall be $50 per year. 84.28 (c) The total registration fee for all snowmobiles owned by 84.29 a manufacturer and operated for research, testing, 84.30 experimentation, or demonstration purposes shall be $150 per 84.31 year. Dealer and manufacturer registrations are not 84.32 transferable. 84.33 Sec. 64. Minnesota Statutes 1996, section 85.015, is 84.34 amended by adding a subdivision to read: 84.35 Subd. 1c. [METAL TRACTION DEVICES; PROHIBITION ON PAVED 84.36 TRAILS.] A person may not use a snowmobile with metal traction 85.1 devices on any paved state trail. 85.2 Sec. 65. Minnesota Statutes 1996, section 85.052, 85.3 subdivision 3, is amended to read: 85.4 Subd. 3. [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 85.5 An individual using spaces in state parks under subdivision 1, 85.6 clause (2), shall be charged daily rates determined and set by 85.7 the commissioner in a manner and amount consistent with the type 85.8 of facility provided for the accommodation of guests in a 85.9 particular park and with similar facilities offered for tourist 85.10 camping and similar use in the area. 85.11 (b) The fee for special parking spurs, campgrounds for 85.12 automobiles, sites for tent camping, and special auto trailer 85.13 coach parking spaces is one-half of the fee set in paragraph (a) 85.14 on Sunday through Thursday of each week for: 85.15 (1)an individual age 65 or over who is a resident of the85.16state and who furnishes satisfactory proof of age and residence;85.17(2)a physically handicapped person with a motor vehicle 85.18 that has special plates issued under section 168.021, 85.19 subdivision 1; or 85.20(3)(2) a physically handicapped person who possesses a 85.21 certificate issued under section 169.345, subdivision 3. 85.22 Sec. 66. Minnesota Statutes 1996, section 85.053, 85.23 subdivision 1, is amended to read: 85.24 Subdivision 1. [FORM, ISSUANCE, VALIDITY.] (a) The 85.25 commissioner shall prepare and provide state park permits for 85.26 eachcalendaryear that state a motor vehicle may enter and use 85.27 state parks, state recreation areas, and state waysides over 50 85.28 acres in area.State park permits must be available and placed85.29on sale by October 1 of the year preceding the calendar year85.30that the permit is valid.85.31 (b) A state park permit may be affixed when purchased and 85.32 used from the time it is affixed until the end of thecalendar85.33 year for which it is issued. State park permits in each 85.34 category must be numbered consecutively for each year of issue. 85.35 (c) State park permits shall be issued by employees of the 85.36 division of parks and recreation as designated by the 86.1 commissioner. State park permits also may be consigned to and 86.2 issued by agents designated by the commissioner who are not 86.3 employees of the division of parks and recreation. All proceeds 86.4 from the sale of permits and all unsold permits consigned to 86.5 agents shall be returned to the commissioner at such times as 86.6 the commissioner may direct, but no later than the end of the 86.7calendaryear for which the permits are effective. No part of 86.8 the permit fee may be retained by an agent. An additional 86.9 charge or fee in an amount to be determined by the commissioner, 86.10 but not to exceed four percent of the price of the permit, may 86.11 be collected and retained by an agent for handling or selling 86.12 the permits. 86.13 Sec. 67. Minnesota Statutes 1996, section 85.053, 86.14 subdivision 4, is amended to read: 86.15 Subd. 4. [TWO-DAYONE-DAY PERMITS.] The commissioner shall 86.16 prescribe a special one-day state park permit for use of state 86.17 parks, state recreation areas, or state waysidesup to two days86.18 under conditions prescribed by the commissioner. The conditions 86.19 must allow the permit to be valid for use of the park by campers 86.20 until the camping checkout time the day following purchase. 86.21 Sec. 68. Minnesota Statutes 1996, section 85.055, 86.22 subdivision 1, is amended to read: 86.23 Subdivision 1. [FEES.] The fee for state park permits for: 86.24 (1) an annual use of state parks is $20; 86.25 (2) a second vehicle state park permit is $15; 86.26 (3) a state park permit validup to two daysfor one day is 86.27 $4; 86.28 (4) a daily vehicle state park permit for groups is $2; 86.29 (5) an employee's state park permit is without charge;and86.30 (6) a state park permit for handicapped persons under 86.31 section 85.053, subdivision 7, clauses (1) and (2), is $12; and 86.32 (7) purchase of six annual permits by an individual is $108. 86.33 The fees specified in this subdivision include any sales 86.34 tax required by state law. 86.35 Sec. 69. Minnesota Statutes 1996, section 85.055, is 86.36 amended by adding a subdivision to read: 87.1 Subd. 1a. [PATRON PERMIT.] The commissioner may develop a 87.2 special patron permit requiring persons to pay an additional 87.3 amount above the annual permit fee required in subdivision 1. 87.4 The additional amount paid under this subdivision shall be 87.5 deposited in the state treasury and credited to the working 87.6 capital account under section 85.22, subdivision 1. 87.7 Sec. 70. Minnesota Statutes 1996, section 88.79, is 87.8 amended by adding a subdivision to read: 87.9 Subd. 3. [COST-SHARING OF CONSERVATION PRACTICES.] The 87.10 commissioner of natural resources may provide cost-sharing of 87.11 conservation practices to nonindustrial owners of less than 87.12 5,000 acres of private land within this state, provided that the 87.13 landowners successfully complete conservation practices approved 87.14 by the commissioner. The cost shared by the commissioner may 87.15 not exceed 75 percent of the actual cost of the conservation 87.16 practice. 87.17 Sec. 71. Minnesota Statutes 1996, section 92.06, 87.18 subdivision 1, is amended to read: 87.19 Subdivision 1. [TERMS.] (a) The terms of payment on the 87.20 sale of state public lands must be as follows: The purchaser 87.21 shall pay in cash at the time of sale the appraised value of all 87.22 timber and costs determined by the commissioner to be associated 87.23 with the sale including survey, appraisal, publication, deed 87.24 tax, filing fee, and similar costs. At least 15 percent of the 87.25 purchase price of the land exclusive of timber and associated 87.26 costs must be paid in cash at the time of sale. The balance of 87.27 the purchase price must be paid in no more than 20 equal annual 87.28 installments. Payments must be made by June 1 each year 87.29 following the year in which the purchase was made, with interest 87.30 at the rate in effect at the time of sale, calculated under this 87.31 subdivision, on the unpaid balances. Any installment of 87.32 principal or interest may be paid in advance, but part payment 87.33 of an installment will not be accepted. For the purpose of 87.34 computing interest, any installment of principal not paid on 87.35 June 1 shall be credited on the following June 1. The purchaser 87.36 may pay the balance due on a sale within 30 days of the sale 88.1 with no interest due. 88.2 (b) Interest on unpaid balances must be computed as annual 88.3 simple interest. The rate of interest must be based on average 88.4 effective interest rates on mortgage loans as provided in 88.5 paragraph (c). 88.6 (c) On or before December 31 of each year, the commissioner 88.7 of natural resources shall determine the rate from the average 88.8 effective interest rate on loans closed using the office of 88.9 thrift supervision series, formerly the federal home loan bank 88.10 board series, or its successor agency, for the most recent 88.11 calendar month, reported on a monthly basis in the latest 88.12 statistical release of the board of governors of the federal 88.13 reserve system. This yield, rounded to the nearest quarter of 88.14 one percent, is the annual interest rate for sales of state land 88.15 during the succeeding calendar year. 88.16 (d) For state land sales in calendar year 1993 after July 88.17 1, 1993, the rate is eight percent, which is the September 1992 88.18 average from the office of thrift supervision series, rounded to 88.19 the nearest quarter of one percent. 88.20 Sec. 72. Minnesota Statutes 1996, section 92.06, 88.21 subdivision 4, is amended to read: 88.22 Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a 88.23 person has made improvements to the land and if: (1) the 88.24 commissioner believes that person settled the land in good faith 88.25 as homestead land under the laws of the United States before it 88.26 was certified to the state,or if(2) the improvements were 88.27 lawfully made by that person as a lessee of the state, or (3) 88.28 the commissioner determines, based on clear and convincing 88.29 evidence provided by the person, that the improvements were made 88.30 by the person as an inadvertent trespasser, then the value of 88.31 the improvements must be separately appraised and, if the 88.32 settleror, lessee, or inadvertent trespasser purchases the 88.33 land, the settleror, lessee, or inadvertent trespasser is not 88.34 required to pay for the improvements. If another person 88.35 purchases the land, that person must pay the owner of the 88.36 improvements, in addition to all other required payments, the 89.1 appraised amount for the improvements. Payment for improvements 89.2 must be made within 15 days of the auction sale, either in cash 89.3 or upon terms and conditions agreeable to the owner of the 89.4 improvements. If payment for improvements is not made in cash, 89.5 and if there is no agreement between the parties within 15 days 89.6 of the auction sale, the commissioner may: 89.7 (1) sell the property to the second highest qualified 89.8 bidder if that bidder submitted to the commissioner's 89.9 representative, at the auction sale, a written request to buy 89.10 the property at a specified price; or 89.11 (2) void the sale and reoffer the property at a subsequent 89.12 sale. 89.13 This subdivision does not apply unless the owner of the 89.14 improvements makes a verified application to the commissioner 89.15 showing entitlement to the improvements before the first state 89.16 public sale at which the land is offered for sale. The 89.17 applicant must appear at the sale and offer to purchase the land 89.18 for at least its appraised value including all timber on it, and 89.19 make the purchase if no higher bid is received. Actions or 89.20 other proceedings involving the land in question begun before 89.21 the sale must have been completed. 89.22 Sec. 73. Minnesota Statutes 1996, section 92.16, 89.23 subdivision 1, is amended to read: 89.24 Subdivision 1. [CONTENTS; DEFAULT, RESALE.] At the time of 89.25 the sale the commissioner shall execute, acknowledge, and 89.26 deliver to the purchaser a certificate of sale, numbered and 89.27 made assignable, certifying the description of the land sold, 89.28 its quantity, the price per acre, the consideration paid and to 89.29 be paid, and the time and terms of payment. A certificate must 89.30 not be delivered until the sum required by law to be paid at the 89.31 time of the sale is paid.The sum includes costs determined by89.32the commissioner to be associated with the sale such as survey,89.33appraisal, publication, deed tax, filing fee, and similar89.34costs.If the purchaser fails to pay the sum, the commissioner 89.35 mayimmediatelyreoffer the land for sale, but a bid may not be 89.36 accepted from the person failing to pay the original offer. If 90.1 the purchaser pays in full at the time of sale, the commissioner 90.2 is not required to issue a certificate of sale. 90.3 Sec. 74. [92.80] [PAYMENT OF TAXES AND ASSESSMENTS.] 90.4 Subdivision 1. [CANCELLATION OF CERTIFICATE OF SALE.] If 90.5 the state acquires an interest in real property prior to the 90.6 cancellation of a certificate of sale or upon completion of the 90.7 cancellation process by advertisement or court order, the state 90.8 must make provision to pay all taxes, interests, costs, 90.9 penalties, and assessments. The commissioner of natural 90.10 resources must request the certificate of sale vendee to make a 90.11 good faith attempt to pay the debt. If the commissioner 90.12 determines that the vendee is unwilling or unable to pay the 90.13 debt, the commissioner may pay the debt and seek redress against 90.14 the vendee. 90.15 Subd. 2. [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a 90.16 grantee on a certificate of sale or state deed desires the state 90.17 to exercise its reversionary interest in real property, the 90.18 grantee must pay all real estate taxes, costs, interest, 90.19 penalties, and assessments on the property prior to reversion. 90.20 (b) If a grantee on a certificate of sale or state deed 90.21 breaches the contractual terms of the certificate or deed, the 90.22 commissioner of natural resources must request the grantee to 90.23 make a good faith attempt to pay all real estate taxes, costs, 90.24 interest, penalties, and assessments on the property prior to 90.25 reversion. If the commissioner determines that the grantee is 90.26 unwilling or unable to pay the debt, the commissioner may pay 90.27 the debt and seek redress against the grantee. 90.28 Sec. 75. Minnesota Statutes 1996, section 94.10, 90.29 subdivision 2, is amended to read: 90.30 Subd. 2. (a) Lands certified as surplus by the head of a 90.31 department or agency other than the department of natural 90.32 resources shall be offered for public sale by the commissioner 90.33 of administration as provided in this paragraph. After 90.34 complying with subdivision 1 and before any public sale of 90.35 surplus state-owned land is made, the commissioner of 90.36 administration shall publish a notice thereof at least once in 91.1 each week for four successive weeks in a legal newspaper and 91.2 also in a newspaper of general distribution in the city or 91.3 county in which the real property to be sold is situated, which 91.4 notice shall specify the time and place at which the sale will 91.5 commence, a general description of the lots or tracts to be 91.6 offered, and a general statement of the terms of sale. Each 91.7 tract or lot shall be sold separately and shall be sold for not 91.8 less than the appraised value thereof. Parcels remaining unsold 91.9 after the offering may be sold to anyone agreeing to pay the 91.10 appraised value thereof. The sale shall continue until all 91.11 parcels are sold or until the commissioner orders a reappraisal 91.12 or withdraws the remaining parcels from sale. 91.13 (b) Lands certified as surplus by the commissioner of 91.14 natural resources shall be offered for public sale by the 91.15 commissioner of natural resources in the manner provided in 91.16 paragraph (a) for sales by the commissioner of administration. 91.17 (c) Except as provided in section 94.11, the cost of any 91.18 survey or appraisal as provided in subdivision 1 shall be added 91.19 to and made a part of the appraised value of the lands to be 91.20 sold, whether to any political subdivision of the state or to a 91.21 private purchaser as provided in this subdivision. 91.22 Sec. 76. [94.55] [TRANSFER OF STATE-OWNED IMPROVEMENTS.] 91.23 The commissioner may sell or transfer an improvement 91.24 located on state-owned lands, the compensation for which shall 91.25 be determined by the commissioner. The sale or transfer shall 91.26 be accomplished by a bill of sale, describing the improvement 91.27 transferred and the terms and conditions of the sale or transfer. 91.28 Proceeds resulting from the sale or transfer must be deposited 91.29 in the state treasury and credited to the land acquisition 91.30 account established in section 94.165. 91.31 Sec. 77. Minnesota Statutes 1996, section 97A.015, is 91.32 amended by adding a subdivision to read: 91.33 Subd. 27a. [LICENSE IDENTIFICATION NUMBER.] "License 91.34 identification number" means a verification number issued under 91.35 the authority of the commissioner in conjunction with the 91.36 electronic purchase of a license or stamp and valid until the 92.1 license is received by the purchaser. 92.2 Sec. 78. Minnesota Statutes 1996, section 97A.028, 92.3 subdivision 1, is amended to read: 92.4 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 92.5 subdivision apply to this section. 92.6 (b) "Agricultural crops" means annually seeded crops, 92.7 legumes, fruit orchards, tree farms and nurseries, turf farms, 92.8 and apiaries. 92.9 (c) "Parcel" has the meaning given in section 272.03, 92.10 subdivision 6. 92.11 (d) "Specialty crops" means fruit orchards, vegetables, 92.12 tree farms and nurseries, turf farms, and apiaries. 92.13 (e) "Stored forage crops" means hay, silage, grain, or 92.14 other crops that have been harvested and placed in storage for 92.15 commercial livestock feeding. 92.16 Sec. 79. Minnesota Statutes 1996, section 97A.028, 92.17 subdivision 3, is amended to read: 92.18 Subd. 3. [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) 92.19 For the purposes of this subdivision, "cooperative damage 92.20 management agreement" means an agreement between a landowner or 92.21 tenant and the commissioner that establishes a program for 92.22 addressing the problem of destruction of the landowner's or 92.23 tenant's specialty crops or stored forage crops by wild animals, 92.24 or destruction of agricultural crops by flightless Canada geese. 92.25 (b) A landowner or tenant may apply to the commissioner for 92.26 emergency deterrent materials assistance in controlling 92.27 destruction of the landowner's or tenant's specialty crops or 92.28 stored forage crops by wild animals, or destruction of 92.29 agricultural crops by flightless Canada geese. Subject to the 92.30 availability of money appropriated for this purpose, the 92.31 commissioner shall provide suitable deterrent materials when the 92.32 commissioner determines that: 92.33 (1) immediate action is necessary to prevent significant 92.34 damage from continuing; and 92.35 (2) a cooperative damage management agreement cannot be 92.36 implemented immediately. 93.1 (c) A person may receive emergency deterrent materials 93.2 assistance under this subdivision more than once, but the 93.3 cumulative total value of deterrent materials provided to a 93.4 person, or for use on a parcel, may not exceed $3,000 for 93.5 specialty crops, or $750 for stored forage crops, or $500 for 93.6 agricultural crops damaged by flightless Canada geese. If a 93.7 person is a coowner or cotenant with respect to the specialty 93.8 crops for which the deterrent materials are provided, the 93.9 deterrent materials are deemed to be "provided" to the person 93.10 for the purposes of this paragraph. 93.11 (d) As a condition of receiving emergency deterrent 93.12 materials assistance under this subdivision, a landowner or 93.13 tenant shall enter into a cooperative damage management 93.14 agreement with the commissioner. Deterrent materials provided 93.15 by the commissioner may include repellents, fencing materials, 93.16 or other materials recommended in the agreement to alleviate the 93.17 damage problem. If requested by a landowner or tenant, any 93.18 fencing materials provided must be capable of providing 93.19 long-term protection of specialty crops. A landowner or tenant 93.20 who receives emergency deterrent materials assistance under this 93.21 subdivision shall comply with the terms of the cooperative 93.22 damage management agreement. 93.23 Sec. 80. Minnesota Statutes 1996, section 97A.075, 93.24 subdivision 1, is amended to read: 93.25 Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes 93.26 of this subdivision, "deer license" means a license issued under 93.27 section 97A.475, subdivisions 2, clauses (4)and, (5), and (9), 93.28 and 3, clauses (2)and, (3), and (7), and licenses issued under 93.29 section 97B.301, subdivision 4. 93.30 (b) At least $2 from each deer license shall be used for 93.31 deer habitat improvement or deer management programs. 93.32 (c) At least $1 from eachresidentdeer license and each 93.33residentbear license shall be used for deer and bear management 93.34 programs, including a computerized licensing system. Fifty 93.35 cents from eachresidentdeer license is appropriated for 93.36 emergency deer feeding. Money appropriated for emergency deer 94.1 feeding is available until expended. When the unencumbered 94.2 balance in the appropriation for emergency deer feeding at the 94.3 end of a fiscal year exceeds $750,000, $750,000 is canceled to 94.4 the unappropriated balance of the game and fish fund and the 94.5 amount appropriated for emergency deer feeding is reduced to 25 94.6 cents from eachresidentdeer license. 94.7 Sec. 81. Minnesota Statutes 1996, section 97A.405, 94.8 subdivision 2, is amended to read: 94.9 Subd. 2. [PERSONAL POSSESSION.] (a) A personto whom a94.10license is issued must have the license in personal possession94.11whileacting underthea licenseand whileor traveling from 94.12thean area wherethea licensed activityiswas performed 94.13 must have in personal possession either: (1) the proper 94.14 license, if the license has been issued to and received by the 94.15 person; or (2) the proper license identification number, if the 94.16 license has been sold to the person by electronic means but the 94.17 actual license has not been issued and received. 94.18 (b) If possession of a license or a license identification 94.19 number is required, a person must exhibitthe proper license94.20when, as requested by a conservation officer or peace officer., 94.21 either: (1) the proper license if the license has been issued 94.22 to and received by the person; or (2) the proper license 94.23 identification number and a valid state driver's license, state 94.24 identification card, or other form of identification provided by 94.25 a unit of government acceptable to the commissioner, if the 94.26 license has been sold to the person by electronic means but the 94.27 actual license has not been issued and received. 94.28 (c) If the actual license has been issued and received, a 94.29 receipt for license fees, a copy of a license, or evidence 94.30 showing the issuance of a license, including the license 94.31 identification number, does not entitle a licensee to exercise 94.32 the rights or privileges conferred by a license. 94.33 Sec. 82. Minnesota Statutes 1996, section 97A.415, 94.34 subdivision 2, is amended to read: 94.35 Subd. 2. [TRANSFER PROHIBITED.] A person may not lend, 94.36 transfer, borrow, or solicit a license or permit, license 95.1 identification number, application for a license or permit, 95.2 coupon, tag, or seal, or use a license, permit, license 95.3 identification number, coupon, tag, or seal not issued to the 95.4 person unless otherwise expressly authorized. 95.5 Sec. 83. Minnesota Statutes 1996, section 97A.475, is 95.6 amended to read: 95.7 97A.475 [LICENSE FEES.] 95.8 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A license 95.9 shall be issued when the requirements of the law are met and the 95.10 license fee specified in this section is paid. 95.11 Subd. 2. [RESIDENT HUNTING.] Fees for the following 95.12 licenses, to be issued to residents only, are: 95.13 (1) for persons under age 65 to take small game, $10; 95.14 (2) for persons age 65 or over, $5; 95.15 (3) to take turkey, $16; 95.16 (4) to take deer with firearms, $22; 95.17 (5) to take deer by archery, $22; 95.18 (6) to take moose, for a party of not more than six 95.19 persons, $275; 95.20 (7) to take bear, $33; 95.21 (8) to take elk, for a party of not more than two persons, 95.22 $220; and 95.23 (9) to take antlered deer in more than one zone, $44. 95.24 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following 95.25 licenses, to be issued to nonresidents, are: 95.26 (1) to take small game, $56; 95.27 (2) to take deer with firearms, $110; 95.28 (3) to take deer by archery, $110; 95.29 (4) to take bear, $165; 95.30 (5) to take turkey, $56; 95.31 (6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50; 95.32 and 95.33 (7) to take antlered deer in more than one zone, $220. 95.34 Subd. 4. [SMALL GAME SURCHARGE.] Fees for licenses to take 95.35 small game must be increased by a surcharge of $4. An 95.36 additional commission may not be assessed on the surcharge and 96.1 this must be stated on the back of the license with the 96.2 following statement: "This $4 surcharge is being paid by 96.3 hunters for the acquisition and development of wildlife lands." 96.4 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps 96.5 are: 96.6 (1) migratory waterfowl stamp, $5; 96.7 (2) pheasant stamp, $5; and 96.8 (3) turkey stamp, $5. 96.9 Subd. 6. [RESIDENT FISHING.] Fees for the following 96.10 licenses, to be issued to residents only, are: 96.11 (1) to take fish by angling, for persons under age 96.12 65,$13$16; 96.13 (2) to take fish by angling, for persons age 65 and over, 96.14$4.50$6; 96.15 (3) to take fish by angling, for a combined license for a 96.16 married couple,$17.50$24; 96.17 (4) to take fish by spearing from a dark house,$13$16; 96.18 and 96.19 (5) to take fish by angling for a 24-hour period selected 96.20 by the licensee,$7.50$8.50. 96.21 Subd. 7. [NONRESIDENT FISHING.] Fees for the following 96.22 licenses, to be issued to nonresidents, are: 96.23 (1) to take fish by angling,$27.50$35; 96.24 (2) to take fish by angling limited to seven consecutive 96.25 days selected by the licensee,$19$24; 96.26 (3) to take fish by angling for a 72-hour period selected 96.27 by the licensee,$16$20; 96.28 (4) to take fish by angling for a combined license for a 96.29 family,$37.50$50; 96.30 (5) to take fish by angling for a 24-hour period selected 96.31 by the licensee,$7.50$8.50; and 96.32 (6) to take fish by angling for a combined license for a 96.33 married couple, limited to 14 consecutive days selected by one 96.34 of the licensees,$27.50$35. 96.35 Subd. 8. [MINNESOTA SPORTING.] The commissioner shall 96.36 issue Minnesota sporting licenses to residents only. The 97.1 licensee may take fish by angling and small game. The fee for 97.2 the license is: 97.3 (1) for an individual,$17.50$22.50; and 97.4 (2) for a combined license for a married couple to take 97.5 fish and for one spouse to take small game,$24$31.50. 97.6 Subd. 10. [TROUT AND SALMON STAMP.] The fee for a trout 97.7 and salmon stamp is$5$8.50. 97.8 Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees 97.9 for the following licenses are: 97.10 (1) for a fish house or dark house that is not 97.11 rented,$9$11.50; and 97.12 (2) for a fish house or dark house that is 97.13 rented,$20$25.50. 97.14 Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house 97.15 licenses for a nonresident are: 97.16 (1) annual,$27.50$31.50; and 97.17 (2) seven consecutive days,$16.50$18. 97.18 Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL 97.19 CONSUMPTION.] The fee for a license to net whitefish and ciscoes 97.20 in inland lakes and international waters for personal 97.21 consumption is, for each net,$8$10. 97.22Subd. 14. [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.]97.23The fee for a license to take rough fish for domestic use with a97.24set line in the Minnesota and Mississippi rivers is $14.50.97.25 Subd. 15. [LAKE SUPERIOR FISHING GUIDES.] The fee for a 97.26 license to operate a charter boat and guide anglers on Lake 97.27 Superior is: 97.28 (1) for a resident,$27.50$125; 97.29 (2) for a nonresident,$110$225; or 97.30 (3) if another state charges a Minnesota resident a fee 97.31 greater than$100$225 for a Lake Superior fishing guide license 97.32 in that state, the nonresident fee for a resident of that state 97.33 is that greater fee. 97.34 Subd. 16. [RESIDENT HUNTING GUIDES.] The fees for the 97.35 following resident guide licenses are: 97.36 (1) to guide bear hunters, $82.50; and 98.1 (2) to guide turkey hunters, $22. 98.2 Subd. 18. [SHOOTING PRESERVES.] The fee for a shooting 98.3 preserve license is: 98.4 (1) for a private shooting preserve, $100; and 98.5 (2) for a commercial shooting preserve, $500. 98.6 Subd. 19. [TAXIDERMISTS.] The fee for a taxidermist 98.7 license, to be issued for a three-year period to residents only, 98.8 is: 98.9 (1) for persons age 18 and older, $44; and 98.10 (2) for persons under age 18, $27.50. 98.11 Subd. 20. [TRAPPING LICENSE.] The fee for a license to 98.12 trap fur-bearing animals is: 98.13 (1) for persons over age 13 and under age 18, $5.50; and 98.14 (2) for persons age 18 and older, $18. 98.15 Subd. 21. [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee 98.16 for a license for a resident to buy and sell raw furs is $110. 98.17 (b) The fee for a supplemental license to buy and sell furs 98.18 is $55. 98.19 Subd. 22. [FUR BUYING AND SELLING; NONRESIDENTS.] The fee 98.20 for a license for a nonresident to buy and sell raw furs is $500. 98.21 Subd. 23. [RAW FUR TANNING.] The fee for a license to tan 98.22 and dress raw furs to be issued to residents and nonresidents is 98.23 $16.50. 98.24 Subd. 24. [GAME AND FUR FARMS.] The fee for a game and fur 98.25 farm license is $16.50. 98.26 Subd. 25. [MUSKRAT FARMS.] The fee for a muskrat farm 98.27 license is $11. 98.28 Subd. 26. [MINNOW DEALERS.] The fees for the following 98.29 licenses are: 98.30 (1) minnow dealer,$77$200; 98.31 (2)minnow dealer's helper, $5.50;98.32(3)minnow dealer's vehicle,$11$30; 98.33(4)(3) exporting minnow dealer,$275$500; and 98.34(5)(4) exporting minnow dealer's vehicle,$11$30. 98.35 Subd. 27. [MINNOW RETAILERS.] The fees for the following 98.36 licenses, to be issued to residents and nonresidents, are: 99.1 (1) minnow retailer,$11$30; and 99.2 (2) minnow retailer's vehicle,$11$30. 99.3 Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the 99.4 following licenses, to be issued to nonresidents, are: 99.5 (1) exporting minnow hauler,$525$750; and 99.6 (2) exporting minnow hauler's vehicle,$11$30. 99.7 Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the 99.8 following licenses to be issued to residents and nonresidents 99.9 are: 99.10 (1) for a private fish hatchery, with annual sales under 99.11 $200,$27.50$50; 99.12 (2) for a private fish hatchery, with annual sales of $200 99.13 or more,$55$100; and 99.14 (3) to take sucker eggs from public waters for a private 99.15 fish hatchery, $165, plus$3$5 for each quart in excess of 99.1610050 quarts. 99.17 Subd. 30. [COMMERCIAL NETTING OF FISHIN INLAND WATERS.] 99.18 Thefee for a licensefees to net commercial fishin inland99.19waters, to be issued to residents and nonresidents, is $7099.20plusare: 99.21 (1) commercial license fees: 99.22(1)(i) foreach hoop net pocket, $1residents and 99.23 nonresidents in inland waters, $150; 99.24(2)(ii) foreach 1,000 feet of seine, $16.50residents in 99.25 Lake Superior, $50;and99.26(3)(iii) foreach apprentice license, $25.residents in 99.27 Lake of the Woods, Rainy, Namakan, and Sand Point Lakes, $50; 99.28 (iv) for residents in the Mississippi river from St. 99.29 Anthony Falls to the St. Croix river junction, $50; 99.30 (v) for residents in Wisconsin boundary waters from Lake St. 99.31 Croix to the Iowa border, $50; and 99.32 (vi) for each resident apprentice license, $25; and 99.33 (2) commercial net fees: 99.34 (i) for each commercial gill net in Lake Superior, 99.35 Wisconsin border waters, Lake of the Woods, Namakan, Sand Point, 99.36 and Rainy lakes, $5 per 100 feet of net; 100.1 (ii) for each commercial seine in inland, inland 100.2 Mississippi river, and Wisconsin border waters, $10 per 100 100.3 feet; 100.4 (iii) for each commercial hoop net in inland waters, $1.25; 100.5 (iv) for each submerged, fyke, trap, and hoop net in Lake 100.6 Superior, St. Louis Estuary, Lake of the Woods, Rainy Lake, 100.7 Namakan, Sand Point, and each pound net in Lake Superior, $20; 100.8 (v) for each stake and pound nets in Lake of the Woods, 100.9 $60; 100.10 (vi) for each commercial set lines in the Wisconsin border 100.11 waters, $25; and 100.12 (vii) for each trawl used in Lake Superior, $100. 100.13Subd. 31. [COMMERCIAL NETTING OF FISH IN LAKE OF THE100.14WOODS.] The fee for a license to commercially net fish in Lake100.15of the Woods is:100.16(1) for each pound net or staked trap net, $49.50;100.17(2) for each fyke net, $11, plus $5 for each two-foot100.18segment, or fraction, of the wings or lead in excess of four100.19feet in height;100.20(3) for each 100 feet of gill net, $2.75;100.21(4) for each submerged trap net, $16.50; and100.22(5) for each apprentice license, $25.100.23Subd. 32. [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The100.24fee for a license to commercially net fish in Rainy Lake is:100.25(1) for each pound net, $49.50;100.26(2) for each 100 feet of gill net, $2.75; and100.27(3) for each apprentice license, $25.100.28Subd. 33. [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND100.29POINT LAKES.] The fee for a license to commercially net fish in100.30Namakan Lake and Sand Point Lake is:100.31(1) for each 100 feet of gill net, $1.75;100.32(2) for each pound, fyke, and submerged trap net, $16.50;100.33and100.34(3) for each apprentice license, $25.100.35Subd. 34. [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN100.36THE MISSISSIPPI RIVER.] (a) The fee for a license to101.1commercially seine rough fish in the Mississippi river from St.101.2Anthony Falls to the St. Croix river junction is:101.3(1) for a seine not exceeding 500 feet, $27.50; or101.4(2) for a seine over 500 feet, $44, plus $2 for each 100101.5foot segment or fraction over 1,000 feet.101.6(b) The fee for each apprentice license issued under101.7paragraph (a) is $25.101.8Subd. 35. [COMMERCIAL SEINING OF FISH IN WISCONSIN101.9BOUNDARY WATERS.] The fee for a license to commercially seine101.10fish in the boundary waters between Wisconsin and Minnesota from101.11Taylors Falls to the Iowa border is:101.12(1) for a seine not exceeding 500 feet, $27.50; or101.13(2) for a seine over 500 feet, $44, plus $2.50 for each 100101.14feet over 1,000 feet; and101.15(3) for each apprentice license to be issued to residents,101.16$25.101.17Subd. 36. [COMMERCIAL NETTING IN WISCONSIN BOUNDARY101.18WATERS.] The fee for a license to commercially net in the101.19boundary waters between Wisconsin and Minnesota from Lake St.101.20Croix to the Iowa border is:101.21(1) for each gill net not exceeding 500 feet, $14.50;101.22(2) for each gill net over 500 feet, $27.50;101.23(3) for each fyke net and hoop net, $11;101.24(4) for each bait net, $1.75;101.25(5) for each turtle net, $1.75;101.26(6) for each set line identification tag, $14.50; and101.27(7) for each apprentice license to be issued to residents,101.28$25.101.29Subd. 37. [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.]101.30The fee for a license to commercially net fish in Lake Superior101.31is:101.32(1) for each gill net, $77 plus $2 for each 1,000 feet over101.331,000 feet;101.34(2) for a pound or trap net, $77 plus $2 for each101.35additional pound or trap net; and101.36(3) for each apprentice license, $25.102.1 Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish 102.2 from commercial fishing licensees to be issued residents and 102.3 nonresidents are: 102.4 (1) for Lake Superior fish bought for sale to retailers, 102.5$55$100; 102.6 (2) for Lake Superior fish bought for sale to consumers, 102.7$11$20; 102.8 (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 102.9 Lake fish bought for sale to retailers,$110$200; and 102.10 (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 102.11 Lake fish bought for shipment only on international boundary 102.12 waters,$11$30. 102.13 Subd. 39. [FISH PACKER.] The fee for a license to prepare 102.14 dressed game fish for transportation or shipment is$14.50$25. 102.15 Subd. 40. [FISH VENDORS.] The fee for a license to use a 102.16 motor vehicle to sell fish is$27.50$50. 102.17 Subd. 41. [TURTLE SELLERS.] The fee for a license to take, 102.18 transport, purchase, and possess turtles for sale is$55$150. 102.19 Subd. 42. [FROG DEALERS.] The fee for the licenses to deal 102.20 in frogs that are to be used for purposes other than bait are: 102.21 (1) for a resident to purchase, possess, and transport 102.22 frogs,$77$125; 102.23 (2) for a nonresident to purchase, possess, and transport 102.24 frogs,$220$250; and 102.25 (3) for a resident to take, possess, transport, and sell 102.26 frogs,$11$20. 102.27 Subd. 43. [DUPLICATE LICENSES.] The fees for duplicate 102.28 licenses are: 102.29 (1) for licenses to take big game, $5; and 102.30 (2) for other licenses, $2. 102.31 Sec. 84. Minnesota Statutes 1996, section 97B.667, is 102.32 amended to read: 102.33 97B.667 [REMOVAL OF BEAVER DAMS AND LODGES BY ROAD 102.34 AUTHORITIES.] 102.35 When a drainage watercourse is impaired by a beaver dam and 102.36 the water damages or threatens to damage a public road, the road 103.1 authority, as defined in section 160.02, subdivision 9, may 103.2 remove the impairment and any associated beaver lodge within 300 103.3 feet of the road, if the commissioner approves. 103.4 Sec. 85. Minnesota Statutes 1996, section 97B.715, 103.5 subdivision 1, is amended to read: 103.6 Subdivision 1. [STAMP REQUIRED.] (a) Except as provided in 103.7 paragraph (b) or section 97A.405, subdivision 2, a person 103.8 required to possess a small game license may not hunt pheasants 103.9 without: 103.10 (1) a pheasant stamp in possession; or 103.11 (2) a pheasant validation on the small game license. 103.12 (b) The following persons are exempt from this subdivision: 103.13 (1) residents under age 18 or over age 65; and 103.14 (2) persons hunting on licensedprivatecommercial shooting 103.15 preserves. 103.16 Sec. 86. Minnesota Statutes 1996, section 97B.721, is 103.17 amended to read: 103.18 97B.721 [LICENSE AND STAMP REQUIRED TO TAKE TURKEY; TAGGING 103.19 AND REGISTRATION REQUIREMENTS.] 103.20 (a) Except as provided in paragraph (b) or section 97A.405, 103.21 subdivision 2, a person may not take a turkey without a turkey 103.22 license and: 103.23 (1) a turkey stamp in possession; or 103.24 (2) a turkey validation on the turkey license. 103.25 (b) The requirement in paragraph (a) to possess a turkey 103.26 stamp or a license validation does not apply to persons under 103.27 age 18. 103.28 (c) The commissioner may by rule prescribe requirements for 103.29 the tagging and registration of turkeys. 103.30 Sec. 87. Minnesota Statutes 1996, section 97B.801, is 103.31 amended to read: 103.32 97B.801 [MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.] 103.33 (a) Except as provided in this section or section 97A.405, 103.34 subdivision 2, a person required to possess a small game license 103.35 may not take migratory waterfowl without: 103.36 (1) a Minnesota migratory waterfowl stamp in possession; or 104.1 (2) a migratory waterfowl validation on the small game 104.2 license. 104.3 (b) Residents under age 18 or over age 65 and persons 104.4 hunting on their own property are not required to possessthea 104.5 stamp or a license validation under this section. 104.6 Sec. 88. Minnesota Statutes 1996, section 97C.305, 104.7 subdivision 1, is amended to read: 104.8 Subdivision 1. [REQUIREMENT.] Except as provided in 104.9 subdivision 2 or section 97A.405, subdivision 2, a person over 104.10 age 16 and under age 65 required to possess an angling license 104.11 must have a trout and salmon stamp in possession or a trout 104.12 validation on the angling license to: 104.13 (1) take fish by angling in: 104.14 (i) a stream designated by the commissioner as a trout 104.15 stream; 104.16 (ii) a lake designated by the commissioner as a trout lake; 104.17 or 104.18 (iii) Lake Superior; or 104.19 (2) possess trout or salmon taken in the state by angling. 104.20 Sec. 89. Minnesota Statutes 1996, section 97C.501, 104.21 subdivision 2, is amended to read: 104.22 Subd. 2. [MINNOW DEALERS.] (a) A person may not be a 104.23 minnow dealer without a minnow dealer license except as provided 104.24 in subdivision 3. 104.25 (b)A minnow dealer must obtain a minnow dealer's helper104.26license for each person employed to take, buy, sell, or104.27transport minnows by the minnow dealer. The minnow dealer may104.28transfer a helper's license from a former helper to a new helper.104.29(c)A minnow dealer must obtain a minnow dealer's vehicle 104.30 license for each motor vehicle used to transport minnows. The 104.31 serial number, motor vehicle license number, make, and model 104.32 must be on the license. The license must be conspicuously 104.33 displayed in the vehicle. 104.34(d)(c) A minnow dealer may not transport minnows out of 104.35 the state without an exporting minnow dealer license. A minnow 104.36 dealer must obtain an exporting minnow dealer's vehicle license 105.1 for each motor vehicle used to transport minnows out of the 105.2 state. The serial number, motor vehicle license number, make, 105.3 and model must be on the license. The license must be 105.4 conspicuously displayed in the vehicle. 105.5 Sec. 90. Minnesota Statutes 1996, section 97C.801, is 105.6 amended to read: 105.7 97C.801 [TAKING ROUGH FISH ON MISSISSIPPIAND MINNESOTA105.8RIVERSRIVER.] 105.9Subdivision 1. [ROUGH FISH ON MINNESOTA AND MISSISSIPPI105.10RIVERS.] (a) A license is required to take rough fish by set105.11line in the Minnesota river from Mankato to its junction with105.12the Mississippi river, and in the Mississippi river from St.105.13Anthony Falls to the St. Croix junction.105.14(b) A person may use only one set line to take rough fish105.15in the Minnesota river from Mankato to its junction with the105.16Mississippi river, and in the Mississippi river from St. Anthony105.17Falls to the St. Croix river junction, and the set line must:105.18(1) have not more than ten hooks;105.19(2) be set only in the flowing waters of the river;105.20(3) staked only at one end; and105.21(4) remain at the location designated in the application105.22for license unless approval of the commissioner has been given105.23to change the location.105.24(c) Notwithstanding section 97C.391, subdivision 1, rough105.25fish taken under this subdivision may not be bought or sold.105.26 Subd. 2. [COMMERCIAL FISH NETTINGAND SET LINESON 105.27 MISSISSIPPI RIVER.] (a) A license is required to commercially 105.28 take rough fish with seinesand set linesin the Mississippi 105.29 river from the St. Croix river junction to St. Anthony Falls. 105.30 (b) A person may take rough fish in the Mississippi river, 105.31 from the St. Croix river junction to St. Anthony Falls, only 105.32 with the following equipment and methods: 105.33 (1) operations shall be conducted only in the flowing 105.34 waters of the river and in tributary backwaters prescribed by 105.35 the commissioner; 105.36 (2)only one set line may be used that has an106.1identification tag and not more than 100 hooks;106.2(3)seines may be used only as prescribed by the 106.3 commissioner; 106.4(4)(3) seines must be hauled to a landing immediately 106.5 after being placed; 106.6(5)(4) two seines may not be joined together in the water; 106.7(6)(5) a net may not be raised, laid out, or landed, 106.8 between sunset and sunrise; and 106.9(7)(6) the location of anet orseine may not be changed 106.10 from the place specified in the license application without 106.11 notifying the commissioner of the proposed change. 106.12 Sec. 91. Minnesota Statutes 1996, section 97C.835, is 106.13 amended by adding a subdivision to read: 106.14 Subd. 9. [TRAWLS IN LAKE SUPERIOR.] (a) This subdivision 106.15 applies to the use of trawls in Lake Superior. 106.16 (b) Up to five trawls may be licensed to take fish species 106.17 listed in subdivision 2. Trawls must not exceed a size 106.18 determined by a headrope of 115 feet, the mesh of the webbing in 106.19 the cod shall be no smaller than 3/4 inch stretch measure, and 106.20 forward body wing mesh size shall be no smaller than two inches 106.21 stretch measure. 106.22 (c) All live game fish species must be returned to the 106.23 water. Dead lake trout may be possessed if they are tagged with 106.24 tags issued from the Lake Superior area fisheries office. All 106.25 untagged dead lake trout and all other dead game fish species 106.26 must be returned to the water. 106.27 (d) All fish taken, whether retained by the licensee or 106.28 returned to the lake, must be reported to the Lake Superior area 106.29 fisheries office before the tenth day of the following month. 106.30 The commissioner must provide the licensee with the necessary 106.31 reporting forms. 106.32 (e) During the closed season for herring, all trawling must 106.33 be targeted for the harvest of rainbow smelt and restricted to a 106.34 water depth of 20 fathoms or greater. 106.35 (f) The commissioner of natural resources may require a 106.36 licensee to notify the Lake Superior area fisheries office of 107.1 trawling activities. 107.2 (g) The commissioner of natural resources may suspend 107.3 trawling operations to protect aquatic resources and prevent 107.4 conflicts with other lawful activities. 107.5 Sec. 92. Minnesota Statutes 1996, section 103F.378, 107.6 subdivision 1, is amended to read: 107.7 Subdivision 1. [DUTIES.] The Minnesota river basin joint 107.8 powers board, established under section 471.59 for the purpose 107.9 of coordinating efforts to improve water quality in the 107.10 Minnesota river and achieving the goal of making the Minnesota 107.11 river suitable for fishing and swimming by the year 2005, has 107.12 the following duties: 107.13 (1) coordination of comprehensive cleanup goals for the 107.14 Minnesota river by coordinating the work plans of the 12 major 107.15 watersheds and the member counties of the joint powers board, 107.16 state agencies, and the University of Minnesota in cleanup 107.17 efforts and submission of periodic river cleanup plans for 107.18 submission to the governor and the legislature; 107.19 (2) advising on the development and use of monitoring and 107.20 evaluation systems in the Minnesota river and the incorporation 107.21 of the data obtained from these systems into the planning 107.22 process; 107.23 (3) conducting public meetings of the board on at least a 107.24 quarterly basis at locations within the Minnesota river basin; 107.25 (4) conducting an ongoing information and education program 107.26 concerning the status of the Minnesota river, including an 107.27 annual conference on the state of the Minnesota river;and107.28 (5) providing periodic reports and budget requests to the 107.29 governor's office and the chairs of the agriculture and 107.30 environment and natural resources committees of the senate and 107.31 the house of representatives regarding progress on meeting river 107.32 water quality management goals and future funding required for 107.33 this effort.; 107.34 (6) advising on the development of projects within the 12 107.35 major watersheds that are scientifically sound, have landowner 107.36 support, and reduce inputs of pollutants into the Minnesota 108.1 river basin; and 108.2 (7) administering the distribution of project 108.3 implementation funds for the 12 major watersheds by approving 108.4 projects, identifying matching components for each project, and 108.5 tracking the results achieved for each project. 108.6 Sec. 93. [115.58] [ALTERNATIVE DISCHARGING SEWAGE SYSTEMS; 108.7 GENERAL PERMITS.] 108.8 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 108.9 subdivision apply to this section. 108.10 (b) "Alternative discharging sewage system" means a sewage 108.11 treatment system serving one or more dwellings and other 108.12 establishments that discharges less than 10,000 gallons of water 108.13 per day and uses any treatment and disposal methods other than 108.14 subsurface soil treatment and disposal. 108.15 (c) "Permit" means a National Pollutant Discharge 108.16 Elimination System permit or state disposal system permit issued 108.17 to a person for the installation, ownership, management, or 108.18 control of alternative discharging sewage systems whose 108.19 operations, emissions, activities, discharges, or facilities are 108.20 the same or substantially similar. 108.21 (d) "Water quality cooperative" means an incorporated 108.22 association of persons organized under chapter 308A to install, 108.23 own, manage, and control individual sewage treatment systems or 108.24 alternative discharging sewage systems and provide water quality 108.25 treatment and management for its members. 108.26 (e) "Water quality treatment and management services" means 108.27 the monitoring and control of alternative discharging sewage 108.28 systems to eliminate or reduce water pollution from point and 108.29 nonpoint sources, the management, use, reuse, recycling, or 108.30 reclamation of land, water, or wastewater for water supply, 108.31 geothermal heating and cooling, fire protection, irrigation, 108.32 drainage, open space or green belt preservation, storm water 108.33 control, flood control, or other purposes that are part of a 108.34 comprehensive plan to reduce, prevent, or eliminate water 108.35 pollution. 108.36 Subd. 2. [AREAWIDE PERMIT.] The agency may issue an 109.1 areawide permit for alternative discharging sewage systems, 109.2 where the systems: 109.3 (1) meet all applicable federal and state standards for 109.4 treatment and discharge of sewage effluents; 109.5 (2) are part of a water quality treatment and management 109.6 plan to prevent, eliminate, or reduce water pollution within a 109.7 defined geographic area; and 109.8 (3) are owned or controlled by a water quality cooperative. 109.9 Subd. 3. [EXEMPTION FROM INDIVIDUAL SEWAGE TREATMENT 109.10 SYSTEM REQUIREMENTS.] A system permitted under subdivision 2 is 109.11 exempt from the requirements of a local ordinance adopted to 109.12 conform with section 115.55, if the system complies with the 109.13 applicable standards for discharges and treatment of sewage 109.14 effluents. 109.15 Sec. 94. Minnesota Statutes 1996, section 115A.932, 109.16 subdivision 1, is amended to read: 109.17 Subdivision 1. [PROHIBITIONS.] (a) A person may not place 109.18 mercury or a thermostat, thermometer, electric switch, 109.19 appliance, gauge, or medical or scientific instrument from which 109.20 the mercury has not been removed for reuse or recycling: 109.21 (1) in solid waste; or 109.22 (2) in a wastewater disposal system. 109.23 (b) A person may not knowingly place mercury or a 109.24 thermostat, thermometer, electric switch, appliance, gauge, or 109.25 medical or scientific instrument from which the mercury has not 109.26 been removed for reuse or recycling: 109.27 (1) in a solid waste processing facility; or 109.28 (2) in a solid waste disposal facility, as defined in 109.29 section 115.01, subdivision 4. 109.30 (c) A person may not knowingly place a fluorescent or high 109.31 intensity discharge lamp: 109.32 (1) in solid waste; or 109.33 (2) in a solid waste facility, except a household hazardous 109.34 waste collection or recycling facility. 109.35 This paragraph does not apply to waste lamps generated by 109.36 households until August 1, 1994. 110.1 Sec. 95. Minnesota Statutes 1996, section 115B.02, is 110.2 amended by adding a subdivision to read: 110.3 Subd. 9a. [INSTITUTIONAL CONTROLS.] "Institutional 110.4 controls" means legally enforceable restrictions, conditions, or 110.5 controls on the use of real property, groundwater, or surface 110.6 water located at or adjacent to a facility where response 110.7 actions are taken that are reasonably required to assure that 110.8 the response actions are protective of public health or welfare 110.9 or the environment. Institutional controls include 110.10 restrictions, conditions, or controls enforceable by contract, 110.11 easement, restrictive covenant, statute, ordinance, or rule, 110.12 including official controls such as zoning, building codes, and 110.13 official maps. An affidavit required under section 115B.16, 110.14 subdivision 2, or similar notice of a release recorded with real 110.15 property records is also an institutional control. 110.16 Sec. 96. Minnesota Statutes 1996, section 115B.02, 110.17 subdivision 16, is amended to read: 110.18 Subd. 16. [REMEDY OR REMEDIAL ACTION.] "Remedy" or 110.19 "remedial action" means those actions consistent with permanent 110.20 remedy taken instead of or in addition to removal actions in the 110.21 event of a release or threatened release of a hazardous 110.22 substance, or a pollutant or contaminant, into the environment, 110.23 to prevent, minimize or eliminate the release in order to 110.24 protect the public health or welfare or the environment. 110.25 Remedy or remedial action includes, but is not limited to: 110.26 (a) Actions at the location of the release such as storage, 110.27 confinement, perimeter protection using dikes, trenches, or 110.28 ditches, clay cover, neutralization, cleanup of released 110.29 hazardous substances, pollutants or contaminants, or 110.30 contaminated materials, recycling or reuse, diversion, 110.31 destruction, segregation of reactive wastes, dredging or 110.32 excavations, repair or replacement of leaking containers, 110.33 collection of leachate and runoff, on-site treatment or 110.34 incineration, provision of alternative water supplies,andany 110.35 monitoring and maintenance, and institutional controls, 110.36 reasonably required to assure that these actions protect the 111.1 public health and welfare and the environment; and 111.2 (b) The costs of permanent relocation of residents and 111.3 businesses and community facilities when the agency determines 111.4 that, alone or in combination with other measures, relocation is 111.5 more cost-effective than and environmentally preferable to the 111.6 transportation, storage, treatment, destruction, or secure 111.7 disposition off-site of hazardous substances, or pollutants or 111.8 contaminants, or may otherwise be necessary to protect the 111.9 public health or welfare. 111.10 Remedy or remedial action does not include offsite 111.11 transport of hazardous substances, pollutants or contaminants, 111.12 or contaminated materials or their storage, treatment, 111.13 destruction, or secure disposition offsite unless the agency 111.14 determines that these actions: 111.15 (1) Are more cost-effective than other remedial actions; 111.16 (2) Will create new capacity to manage hazardous substances 111.17 in addition to those located at the affected facility, in 111.18 compliance with section 116.07 and subtitle C of the Solid Waste 111.19 Disposal Act, United States Code, title 42, section 6921 et 111.20 seq.; or 111.21 (3) Are necessary to protect the public health or welfare 111.22 or the environment from a present or potential risk which may be 111.23 created by further exposure to the continued presence of the 111.24 hazardous substances, pollutants or contaminants, or 111.25 contaminated materials. 111.26 Sec. 97. Minnesota Statutes 1996, section 115B.17, 111.27 subdivision 14, is amended to read: 111.28 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND 111.29 OVERSIGHT.] (a) The commissioner may, upon request, assist a 111.30 person in determining whether real property has been the site of 111.31 a release or threatened release of a hazardous substance, 111.32 pollutant, or contaminant. The commissioner may also assist in, 111.33 or supervise, the development and implementation of reasonable 111.34 and necessary response actions. Assistance may include review 111.35 of agency records and files, and review and approval of a 111.36 requester's investigation plans and reports and response action 112.1 plans and implementation. 112.2 (b) Except as otherwise provided in this paragraph, the 112.3 person requesting assistance under this subdivision shall pay 112.4 the agency for the agency's cost, as determined by the 112.5 commissioner, of providing assistance. A state agency, 112.6 political subdivision, or other public entity is not required to 112.7 pay for the agency's cost to review agency records and files. 112.8 Money received by the agency for assistance under this section 112.9 must be deposited in the environmental response, compensation, 112.10 and compliance fund. 112.11 (c) When a person investigates a release or threatened 112.12 release in accordance with an investigation plan approved by the 112.13 commissioner under this subdivision, the investigation does not 112.14 associate that person with the release or threatened release for 112.15 the purpose of section 115B.03, subdivision 3, paragraph (d). 112.16 Sec. 98. Minnesota Statutes 1996, section 115B.17, 112.17 subdivision 15, is amended to read: 112.18 Subd. 15. [ACQUISITION OF PROPERTY.] The agency may 112.19 acquire, by purchase or donation, an interest in real property, 112.20 including easements, restrictive covenants, and leases, that the 112.21 agency determines is necessary for response action. The 112.22 validity and duration of a restrictive covenant or nonpossessory 112.23 easement acquired under this subdivision shall be determined in 112.24 the same manner as the validity and duration of a conservation 112.25 easement under chapter 84C, unless the duration is otherwise 112.26 provided in the agreement. The agency may acquire an easement 112.27 by condemnation only if the agency is unable, after reasonable 112.28 efforts, to acquire an interest in real property by purchase or 112.29 donation. The provisions of chapter 117 govern condemnation 112.30 proceedings by the agency under this subdivision. A donation of 112.31 an interest in real property to the agency is not effective 112.32 until the agency executes a certificate of acceptance. The 112.33 state is not liable under this chapter solely as a result of 112.34 acquiring an interest in real property under this subdivision. 112.35 Sec. 99. Minnesota Statutes 1996, section 115B.17, is 112.36 amended by adding a subdivision to read: 113.1 Subd. 17. [SETTLEMENTS; GENERAL AUTHORITY.] In addition to 113.2 the general authority vested in the agency to settle any claims 113.3 under sections 115B.01 to 115B.18, the agency may exercise the 113.4 settlement authorities provided in subdivisions 17 to 20. If 113.5 the agency does not obtain complete relief for all of its claims 113.6 under sections 115B.01 to 115B.18, pursuant to a settlement, the 113.7 agency may bring claims under those sections against any person 113.8 who is not a party to the settlement, but the settlement shall 113.9 reduce the liability of any person who is not a party to the 113.10 settlement by the amount of the settlement. 113.11 Sec. 100. Minnesota Statutes 1996, section 115B.17, is 113.12 amended by adding a subdivision to read: 113.13 Subd. 18. [CONTRIBUTION PROTECTION FOR 113.14 SETTLORS.] Notwithstanding anything to the contrary in section 113.15 115B.08 or any other law, a person who resolves its liability to 113.16 the agency under sections 115B.01 to 115B.18 in a settlement 113.17 shall not be liable for any claim for contribution regarding 113.18 matters addressed in the settlement. Except as otherwise 113.19 provided in the settlement, a party to a settlement retains any 113.20 right under section 115B.08 or any other law to bring a claim 113.21 for contribution against any person who is not a party to the 113.22 settlement. Any claim for contribution against a person who is 113.23 not a party to the settlement shall be subordinate to any claim 113.24 asserted against such person by the agency. 113.25 Sec. 101. Minnesota Statutes 1996, section 115B.17, is 113.26 amended by adding a subdivision to read: 113.27 Subd. 19. [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a) 113.28 When the agency determines that some but not all persons 113.29 responsible for a release are willing to implement response 113.30 actions, the agency may agree, pursuant to a settlement of its 113.31 claims under sections 115B.01 to 115B.18, to reimburse the 113.32 settling parties for response costs incurred to take the 113.33 actions. The agency may agree to reimburse any amount which 113.34 does not exceed the amount that the agency estimates may be 113.35 attributable to the liability of responsible persons who are not 113.36 parties to the settlement. Reimbursement may be provided only 114.1 for the cost of conducting remedial design and constructing 114.2 remedial action pursuant to the terms of the settlement. 114.3 Reimbursement under this subdivision shall be paid only upon the 114.4 agency's determination that the remedial action approved by the 114.5 agency has been completed in accordance with the terms of the 114.6 settlement. The agency may use money appropriated to it for 114.7 actions authorized under section 115B.20, subdivision 2, clause 114.8 (2), to pay reimbursement under this subdivision. 114.9 (b) The agency may agree to provide reimbursement under a 114.10 settlement only when all of the following requirements have been 114.11 met: 114.12 (1) the agency has made the determination under paragraph 114.13 (c) regarding persons who are not participating in the 114.14 settlement, and has provided written notice to persons 114.15 identified under paragraph (c), clauses (1) and (2), of their 114.16 opportunity to participate in the settlement or in a separate 114.17 settlement under subdivision 20; 114.18 (2) the release addressed in the settlement has been 114.19 assigned a priority pursuant to agency rules adopted under 114.20 subdivision 13, and the priority is at least as high as a 114.21 release for which the agency would be allowed to allocate funds 114.22 for remedial action under the rules; 114.23 (3) an investigation of the release addressed in the 114.24 settlement has been completed in accordance with a plan approved 114.25 by the agency; and 114.26 (4) the agency has approved the remedial action to be 114.27 implemented under the settlement. 114.28 (c) Before entering into a settlement providing for 114.29 reimbursement under this subdivision, the agency shall determine 114.30 that there are one or more persons who meet any of the following 114.31 criteria who are not participating in the settlement: 114.32 (1) persons identified by the agency as responsible for the 114.33 release addressed in the settlement but who are likely to have 114.34 only minimal involvement in actions leading to the release, or 114.35 are insolvent or financially unable to pay any significant share 114.36 of response action costs; 115.1 (2) persons identified by the agency as responsible for the 115.2 release other than persons described in clause (1) and who are 115.3 unwilling to participate in the settlement or to take response 115.4 actions with respect to the release; 115.5 (3) persons whom the agency has reason to believe are 115.6 responsible for the release addressed in the settlement but whom 115.7 the agency has been unable to identify; or 115.8 (4) persons identified to the agency by a party to the 115.9 proposed settlement as persons who are potentially responsible 115.10 for the release but for whom the agency has insufficient 115.11 information to determine responsibility. 115.12 (d) Except as otherwise provided in this subdivision, a 115.13 decision of the agency under this subdivision to offer or agree 115.14 to provide reimbursement in any settlement, or to determine the 115.15 amount of reimbursement it will provide under a settlement, is a 115.16 matter of agency discretion in the exercise of its enforcement 115.17 authority. In exercising discretion in this matter, the agency 115.18 may consider, among other factors, the degree of cooperation 115.19 with the agency that has been shown prior to the settlement by 115.20 the parties seeking reimbursement. 115.21 (e) The agency may require as a term of settlement under 115.22 this subdivision that the parties receiving reimbursement from 115.23 the agency waive any rights they may have to bring a claim for 115.24 contribution against persons who are not parties to the 115.25 settlement. 115.26 Sec. 102. Minnesota Statutes 1996, section 115B.17, is 115.27 amended by adding a subdivision to read: 115.28 Subd. 20. [SETTLEMENTS WITH DE MINIMIS PARTIES AND PARTIES 115.29 WITH LIMITED FINANCIAL RESOURCES.] (a) The agency may agree to 115.30 separately settle its claims under sections 115B.01 to 115B.18 115.31 with any persons: 115.32 (1) whose liability for response costs or response actions, 115.33 in the determination of the agency, is minimal in comparison 115.34 with the liability of other persons responsible for the release; 115.35 or 115.36 (2) who are responsible for a release but, in the 116.1 determination of the agency, are insolvent or financially unable 116.2 to pay any significant share of their liability for the response 116.3 costs. 116.4 (b) A settlement under this subdivision may require the 116.5 parties to pay a fixed amount in money or in kind toward the 116.6 implementation of response actions, and may include a premium 116.7 for the risk of additional future response costs or response 116.8 action requirements. The agency may require as a term of a 116.9 settlement under this subdivision that the settling responsible 116.10 persons 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 (c) All amounts paid to the agency under a settlement 116.14 entered into pursuant to this subdivision shall be deposited in 116.15 the account and are appropriated to the agency to pay for 116.16 response actions and associated administrative and legal costs 116.17 related to the release addressed in the settlement, including 116.18 reimbursement for response costs under subdivision 19. 116.19 Sec. 103. Minnesota Statutes 1996, section 115B.175, 116.20 subdivision 2, is amended to read: 116.21 Subd. 2. [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR 116.22 APPROVAL.] (a) The commissioner may approve a voluntary response 116.23 action plan submitted under this section that does not require 116.24 removal or remedy of all releases and threatened releases at an 116.25 identified area of real property if the commissioner determines 116.26 that all of the following criteria have been met: 116.27 (1) if reuse or development of the property is proposed, 116.28 the voluntary response action plan provides for all response 116.29 actions required to carry out the proposed reuse or development 116.30 in a manner that meets the same standards for protection that 116.31 apply to response actions taken or requested under section 116.32 115B.17, subdivision 1 or 2; 116.33 (2) the response actions and the activities associated with 116.34 any reuse or development proposed for the property will not 116.35 aggravate or contribute to releases or threatened releases that 116.36 are not required to be removed or remedied under the voluntary 117.1 response action plan, and will not interfere with or 117.2 substantially increase the cost of response actions to address 117.3 the remaining releases or threatened releases; and 117.4 (3) the owner of the property agrees to cooperate with the 117.5 commissioner or other persons acting at the direction of the 117.6 commissioner in taking response actions necessary to address 117.7 remaining releases or threatened releases, and to avoid any 117.8 action that interferes with the response actions. 117.9 (b) Under paragraph (a), clause (3), an owner may be 117.10 required to agree to any or all of the following terms necessary 117.11 to carry out response actions to address remaining releases or 117.12 threatened releases: 117.13 (1) to provide access to the property to the commissioner 117.14 and the commissioner's authorized representatives; 117.15 (2) to allow the commissioner, or persons acting at the 117.16 direction of the commissioner, to undertake reasonable and 117.17 necessary activities at the property including placement of 117.18 borings, wells, equipment, and structures on the property, 117.19 provided that the activities do not unreasonably interfere with 117.20 the proposed reuse or redevelopment; and 117.21 (3) to grant easements or other interests in the property 117.22 to the agency for any of the purposes provided in clause (1) or 117.23 (2). 117.24 (c) An agreement under paragraph (a), clause (3), must 117.25 apply to and be binding upon the successors and assigns of the 117.26 owner. The owner shall record the agreement, or a memorandum 117.27 approved by the commissioner that summarizes the agreement, with 117.28 the county recorder or registrar of titles of the county where 117.29 the property is located. 117.30 Sec. 104. Minnesota Statutes 1996, section 115B.175, 117.31 subdivision 6a, is amended to read: 117.32 Subd. 6a. [VOLUNTARY RESPONSE ACTIONS BY RESPONSIBLE 117.33 PERSONS.] (a) Notwithstanding subdivision 1, paragraph (a), when 117.34 a person who is responsible for a release or threatened release 117.35 under sections 115B.01 to 115B.18 undertakes and completes 117.36 response actions, the protection from liability provided by this 118.1 section applies to persons described in paragraph (c) if the 118.2 response actions are undertaken and completed in accordance with 118.3 this subdivision. 118.4 (b) The response actions must be undertaken and completed 118.5 in accordance with a voluntary response action plan approved as 118.6 provided in subdivision 3. Notwithstanding subdivision 2, a 118.7 voluntary response action plan submitted by a person who is 118.8 responsible for the release or threatened release must require 118.9 remedy or removal of all releases and threatened releases at the 118.10 identified area of real property. The identified area of real 118.11 property must correspond to the boundaries of a parcel that is 118.12 either separately platted or is the entire parcel. 118.13 (c) Subject to the provisions of subdivision 7, when the 118.14 commissioner issues a certificate of completion under 118.15 subdivision 5 for response actions completed at an identified 118.16 area of real property in accordance with this subdivision, the 118.17 liability protection under this section applies to: 118.18 (1) a person who acquires the identified real property 118.19 after approval of the voluntary response action plan; 118.20 (2) a person providing financing for response actions or 118.21 development at the identified real property after approval of 118.22 the response action plan, whether the financing is provided to 118.23 the person undertaking the response actions or other person who 118.24 acquires or develops the property; and 118.25 (3) a successor or assign of a person to whom the liability 118.26 protection applies under this paragraph. 118.27 (d) When the commissioner issues a certificate of 118.28 completion for response actions completed by a responsible 118.29 person, the commissioner and the responsible person may enter 118.30 into an agreement that resolves the person's future liability to 118.31 the agency under sections 115B.01 to 115B.18 for the release or 118.32 threatened release addressed by the response actions. 118.33 Sec. 105. Minnesota Statutes 1996, section 115B.412, 118.34 subdivision 10, is amended to read: 118.35 Subd. 10. [REPORT.] ByOctoberDecember 1 of each year, 118.36 the commissioner shall report to the environment and natural 119.1 resources committees and to the appropriate finance committees 119.2 of the senate and the house of representatives on the 119.3 commissioner's activities under sections 115B.39 to 115B.43 and 119.4 the commissioner's anticipated activities during future fiscal 119.5 years. 119.6 Sec. 106. Minnesota Statutes 1996, section 115B.48, 119.7 subdivision 3, is amended to read: 119.8 Subd. 3. [DRYCLEANING FACILITY.] "Drycleaning facility" 119.9 means a facility located in this state that is or has been used 119.10 for a drycleaning operation, other than: 119.11 (1) a coin-operated drycleaning operation; 119.12 (2) a facility located on a United States military base; 119.13 (3) a uniform service or linen supply facility; 119.14 (4) a prison or other penal institution; 119.15 (5) a facility on the national priorities list established 119.16 under the Federal Superfund Act; or 119.17 (6) a facility at which a response action has been taken or 119.18 started under section 115B.17 before July 1, 1995, except as 119.19 authorized in a settlement agreement approved by the 119.20 commissioner by July 1, 1997. 119.21 Sec. 107. Minnesota Statutes 1996, section 115B.48, 119.22 subdivision 8, is amended to read: 119.23 Subd. 8. [FULL-TIME EQUIVALENCE.] "Full-time equivalence" 119.24 means 2,000 hours worked by employees, owners, and others, at119.25duties related to the drycleaning operationin a drycleaning 119.26 facility during a 12-month period beginning July 1 of the 119.27 preceding year and running through June 30 of the year in which 119.28 the annual registration fee is due. For those drycleaning 119.29 facilities that were in business less than the 12-month period, 119.30 full-time equivalence means the total of all of the hours worked 119.31at duties related to the drycleaning operationin the 119.32 drycleaning facility, divided by 2,000 and multiplied by a 119.33 fraction, the numerator of which is 50 and the denominator of 119.34 which is the number of weeks in business during the reporting 119.35 period. 119.36 Sec. 108. Minnesota Statutes 1996, section 115B.49, 120.1 subdivision 4, is amended to read: 120.2 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator 120.3 of a drycleaning facility shall register on or before July 1 of 120.4 each year with the commissioner of revenue in a manner 120.5 prescribed by the commissioner of revenue and pay a registration 120.6 fee for the facility. The amount of the fee is: 120.7 (1) $500, for facilities with a full-time equivalence of 120.8 fewer than five; 120.9 (2) $1,000, for facilities with a full-time equivalence of 120.10 five to ten; and 120.11 (3) $1,500, for facilities with a full-time equivalence of 120.12 more than ten. 120.13 (b) A person who sells drycleaning solvents for use by 120.14 drycleaning facilities in the state shall collect and remit to 120.15 the commissioner of revenue in a manner prescribed by the 120.16 commissioner of revenue, on or before the 20th day of the month 120.17 following the month in which the sales of drycleaning solvents 120.18 are made, a fee of: 120.19 (1) $3.50 for each gallon of perchloroethylene sold for use 120.20 by drycleaning facilities in the state; and 120.21 (2) 70 cents for each gallon of hydrocarbon-based 120.22 drycleaning solvent sold for use by drycleaning facilities in 120.23 the state. 120.24 (c) The commissioner shall, after a public hearing but 120.25 notwithstanding section 16A.1285, subdivision 4, annually adjust 120.26 the fees in this subdivision as necessary to maintainan120.27unencumbered balance in the accountannual income of at least 120.28$1,000,000: 120.29 (1) $600,000 beginning July 1, 1997; 120.30 (2) $700,000 beginning July 1, 1998; and 120.31 (3) $800,000 beginning July 1, 1999. 120.32 Any adjustment under this paragraph must be prorated among all 120.33 the fees in this subdivision.Fees adjusted under this120.34paragraph may not exceed 200 percent of the fees in this120.35subdivisionAfter adjustment under this paragraph, the fees in 120.36 this subdivision must not be greater than two times their 121.1 original amount. The commissioner shall notify the commissioner 121.2 of revenue of an adjustment under this paragraph no later than 121.3 March 1 of the year in which the adjustment is to become 121.4 effective. The adjustment is effective for sales of drycleaning 121.5 solvents made, and annual registration fees due, beginning on 121.6 July 1 of the same year. 121.7 (d) To enforce this subdivision, the commissioner of 121.8 revenue may examine documents, assess and collect fees, conduct 121.9 investigations, issue subpoenas, grant extensions to file 121.10 returns and pay fees, impose penalties and interest on the 121.11 annual registration fee under paragraph (a) and the monthly fee 121.12 under paragraph (b), abate penalties and interest, and 121.13 administer appeals, in the manner provided in chapters 270 and 121.14 289A. The penalties and interest imposed on taxes under chapter 121.15 297A apply to the fees imposed under this subdivision. 121.16 Disclosure of data collected by the commissioner of revenue 121.17 under this subdivision is governed by chapter 270B. 121.18 Sec. 109. Minnesota Statutes 1996, section 116.07, 121.19 subdivision 4d, is amended to read: 121.20 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 121.21 fees in amounts not greater than those necessary to cover the 121.22 reasonable costs of reviewing and acting upon applications for 121.23 agency permits and implementing and enforcing the conditions of 121.24 the permits pursuant to agency rules. Permit fees shall not 121.25 include the costs of litigation. The agency shall adopt rules 121.26 under section 16A.1285 establishing a system for charging permit 121.27 fees collected under this subdivision. The fee schedule must 121.28 reflect reasonable and routine permitting, implementation, and 121.29 enforcement costs. The agency may impose an additional 121.30 enforcement fee to be collected for a period of up to two years 121.31 to cover the reasonable costs of implementing and enforcing the 121.32 conditions of a permit under the rules of the agency. Any money 121.33 collected under this paragraph shall be deposited in thespecial121.34revenue accountenvironmental fund. 121.35 (b) Notwithstanding paragraph (a), and section 16A.1285, 121.36 subdivision 2, the agency shall collect an annual fee from the 122.1 owner or operator of all stationary sources, emission 122.2 facilities, emissions units, air contaminant treatment 122.3 facilities, treatment facilities, potential air contaminant 122.4 storage facilities, or storage facilities subject to the 122.5 requirement to obtain a permit under subchapter V of the federal 122.6 Clean Air Act, United States Code, title 42, section 7401 et 122.7 seq., or section 116.081. The annual fee shall be used to pay 122.8 for all direct and indirect reasonable costs, including attorney 122.9 general costs, required to develop and administer the permit 122.10 program requirements of subchapter V of the federal Clean Air 122.11 Act, United States Code, title 42, section 7401 et seq., and 122.12 sections of this chapter and the rules adopted under this 122.13 chapter related to air contamination and noise. Those costs 122.14 include the reasonable costs of reviewing and acting upon an 122.15 application for a permit; implementing and enforcing statutes, 122.16 rules, and the terms and conditions of a permit; emissions, 122.17 ambient, and deposition monitoring; preparing generally 122.18 applicable regulations; responding to federal guidance; 122.19 modeling, analyses, and demonstrations; preparing inventories 122.20 and tracking emissions; and providing information to the public 122.21 about these activities. 122.22 (c) The agency shall adopt fee rules in accordance with the 122.23 procedures in section 16A.1285, subdivision 5, that: 122.24 (1) will result in the collection, in the aggregate, from 122.25 the sources listed in paragraph (b), ofthe following amounts:122.26(1)an amount not less than $25 per ton of each volatile 122.27 organic compound; pollutant regulated under United States Code, 122.28 title 42, section 7411 or 7412 (section 111 or 112 of the 122.29 federal Clean Air Act); and each pollutant, except carbon 122.30 monoxide, for which a national primary ambient air quality 122.31 standard has been promulgated;and122.32 (2)the agency fee rulesmayalsoresult in the collection, 122.33 in the aggregate, from the sources listed in paragraph (b), of 122.34 an amount not less than $25 per ton of each pollutant not listed 122.35 in clause (1) that is regulated under this chapter or air 122.36 quality rules adopted under this chapter.; and 123.1 (3) shall collect, in the aggregate, from the sources 123.2 listed in paragraph (b), the amount needed to match grant funds 123.3 received by the state under United States Code, title 42, 123.4 section 7405 (section 105 of the federal Clean Air Act). 123.5 The agency must not include in the calculation of the aggregate 123.6 amount to be collected underthe fee rulesclauses (1) and (2) 123.7 any amount in excess of 4,000 tons per year of each air 123.8 pollutant from a source. 123.9 (d) To cover the reasonable costs described in paragraph 123.10 (b), the agency shall provide in the rules promulgated under 123.11 paragraph (c) for an increase in the fee collected in each year 123.12 by the percentage, if any, by which the Consumer Price Index for 123.13 the most recent calendar year ending before the beginning of the 123.14 year the fee is collected exceeds the Consumer Price Index for 123.15 the calendar year 1989. For purposes of this paragraph the 123.16 Consumer Price Index for any calendar year is the average of the 123.17 Consumer Price Index for all-urban consumers published by the 123.18 United States Department of Labor, as of the close of the 123.19 12-month period ending on August 31 of each calendar year. The 123.20 revision of the Consumer Price Index that is most consistent 123.21 with the Consumer Price Index for calendar year 1989 shall be 123.22 used. 123.23 (e) Any money collected under paragraphs (b) to (d) must be 123.24 deposited in an air quality account in the environmental fund 123.25 and must be used solely for the activities listed in paragraph 123.26 (b). 123.27 (f) Persons who wish to construct or expand an air emission 123.28 facility may offer to reimburse the agency for the costs of 123.29 staff overtime or consultant services needed to expedite permit 123.30 review. The reimbursement shall be in addition to fees imposed 123.31 by paragraphs (a) to (d). When the agency determines that it 123.32 needs additional resources to review the permit application in 123.33 an expedited manner, and that expediting the review would not 123.34 disrupt air permitting program priorities, the agency may accept 123.35 the reimbursement. Reimbursements accepted by the agency are 123.36 appropriated to the agency for the purpose of reviewing the 124.1 permit application. Reimbursement by a permit applicant shall 124.2 precede and not be contingent upon issuance of a permit and 124.3 shall not affect the agency's decision on whether to issue or 124.4 deny a permit, what conditions are included in a permit, or the 124.5 application of state and federal statutes and rules governing 124.6 permit determinations. 124.7 Sec. 110. Minnesota Statutes 1996, section 116.07, 124.8 subdivision 7, is amended to read: 124.9 Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 124.10 LOT PERMITS.] Any Minnesota county board may, by resolution, 124.11 with approval of the pollution control agency, assume 124.12 responsibility for processing applications for permits required 124.13 by the pollution control agency under this section for livestock 124.14 feedlots, poultry lots or other animal lots. The responsibility 124.15 for permit application processing, if assumed by a county, may 124.16 be delegated by the county board to any appropriate county 124.17 officer or employee. 124.18 (a) For the purposes of this subdivision, the term 124.19 "processing" includes: 124.20 (1) the distribution to applicants of forms provided by the 124.21 pollution control agency; 124.22 (2) the receipt and examination of completed application 124.23 forms, and the certification, in writing, to the pollution 124.24 control agency either that the animal lot facility for which a 124.25 permit is sought by an applicant will comply with applicable 124.26 rules and standards, or, if the facility will not comply, the 124.27 respects in which a variance would be required for the issuance 124.28 of a permit; and 124.29 (3) rendering to applicants, upon request, assistance 124.30 necessary for the proper completion of an application. 124.31 (b) For the purposes of this subdivision, the term 124.32 "processing" may include, at the option of the county board, 124.33 issuing, denying, modifying, imposing conditions upon, or 124.34 revoking permits pursuant to the provisions of this section or 124.35 rules promulgated pursuant to it, subject to review, suspension, 124.36 and reversal by the pollution control agency. The pollution 125.1 control agency shall, after written notification, have1530 125.2 days to review, suspend, modify, or reverse the issuance of the 125.3 permit. After this period, the action of the county board is 125.4 final, subject to appeal as provided in chapter 14. 125.5 (c) For the purpose of administration of rules adopted 125.6 under this subdivision, the commissioner and the agency may 125.7 provide exceptions for cases where the owner of a feedlot has 125.8 specific written plans to close the feedlot within five years. 125.9 These exceptions include waiving requirements for major capital 125.10 improvements. 125.11 (d) For purposes of this subdivision, a discharge caused by 125.12 an extraordinary natural event such as a precipitation event of 125.13 greater magnitude than the 25-year, 24-hour event, tornado, or 125.14 flood in excess of the 100-year flood is not a "direct discharge 125.15 of pollutants." 125.16 (e) In adopting and enforcing rules under this subdivision, 125.17 the commissioner shall cooperate closely with other governmental 125.18 agencies. 125.19 (f) The pollution control agency shall work with the 125.20 Minnesota extension service, the department of agriculture, the 125.21 board of water and soil resources, producer groups, local units 125.22 of government, as well as with appropriate federal agencies such 125.23 as theSoilNatural Resources Conservation Service and 125.24 theAgricultural Stabilization and Conservation ServiceFarm 125.25 Service Agency, to notify and educate producers of rules under 125.26 this subdivision at the time the rules are being developed and 125.27 adopted and at least every two years thereafter. 125.28 (g) The pollution control agency shall adopt rules 125.29 governing the issuance and denial of permits for livestock 125.30 feedlots, poultry lots or other animal lots pursuant to this 125.31 section. A feedlot permit is not required for livestock 125.32 feedlots with more than ten but less than 50 animal units; 125.33 provided they are not in shoreland areas. These rules apply 125.34 both to permits issued by counties and to permits issued by the 125.35 pollution control agency directly. 125.36 (h) The pollution control agency shall exercise supervising 126.1 authority with respect to the processing of animal lot permit 126.2 applications by a county. If a county requests assistance in 126.3 the development of a feedlot ordinance, the agency and the 126.4 commissioner of agriculture shall provide information and 126.5 technical assistance to the county. 126.6 Sec. 111. Minnesota Statutes 1996, section 116.92, is 126.7 amended by adding a subdivision to read: 126.8 Subd. 8a. [BAN; MERCURY MANOMETERS.] After June 30, 1997, 126.9 mercury manometers for use on dairy farms may not be sold or 126.10 installed, nor may mercury manometers in use on dairy farms be 126.11 repaired. After December 31, 2000, all mercury manometers on 126.12 dairy farms must be removed from use. 126.13 Sec. 112. [116.993] [SMALL BUSINESS ENVIRONMENTAL 126.14 IMPROVEMENT LOAN PROGRAM.] 126.15 Subdivision 1. [ESTABLISHMENT.] A small business 126.16 environmental improvement revolving loan program is established 126.17 to provide loans to small businesses for the purpose of capital 126.18 equipment purchases that will meet or exceed environmental rules 126.19 and regulations or for investigation and cleanup of contaminated 126.20 sites. The small business environmental improvement revolving 126.21 loan program replaces the small business environmental loan 126.22 program in Minnesota Statutes 1996, section 116.991, and the 126.23 hazardous waste generator loan program in Minnesota Statutes 126.24 1996, section 115B.223. 126.25 Subd. 2. [ELIGIBLE BORROWER.] To be eligible for a loan 126.26 under this section, a borrower must: 126.27 (1) be a small business corporation, sole proprietorship, 126.28 partnership, or association; 126.29 (2) be a potential emitter of pollutants to the air, 126.30 ground, or water; 126.31 (3) need capital for equipment purchases that will meet or 126.32 exceed environmental regulations or need capital for site 126.33 investigation and cleanup; 126.34 (4) have less than 50 full-time employees; 126.35 (5) have an after tax profit of less than $500,000; and 126.36 (6) have a net worth of less than $1,000,000. 127.1 Subd. 3. [LOAN APPLICATION AND AWARD PROCEDURE.] The 127.2 commissioner of the pollution control agency may give priority 127.3 to applicants that include, but are not limited to, those 127.4 subject to Clean Air Act standards adopted under United States 127.5 Code, title 42, section 7412, those undergoing site 127.6 investigation and remediation, those involved with facility wide 127.7 environmental compliance and pollution prevention projects, and 127.8 those determined by the commissioner to be small business 127.9 outreach priorities. The commissioner shall decide whether to 127.10 award a loan to an eligible borrower based on: 127.11 (1) the applicant's financial need; 127.12 (2) the applicant's ability to secure and repay the loan; 127.13 and 127.14 (3) the expected environmental benefit. 127.15 Subd. 4. [SCREENING COMMITTEE.] The commissioner shall 127.16 appoint a screening committee to evaluate applications and 127.17 determine loan awards. The committee shall have diverse 127.18 expertise in air quality, water quality, solid and hazardous 127.19 waste management, site response and cleanup, pollution 127.20 prevention, and financial analysis. 127.21 Subd. 5. [LIMITATION ON LOAN OBLIGATION.] Numbers of 127.22 applications accepted, evaluated, and awarded are based upon the 127.23 available money in the small business environmental improvement 127.24 loan account. 127.25 Subd. 6. [LOAN CONDITIONS.] A loan made under this section 127.26 must include: 127.27 (1) an interest rate that is four percent or one-half the 127.28 prime rate, whichever is greater; 127.29 (2) a term of payment of not more than seven years; and 127.30 (3) an amount not less than $1,000 or exceeding $50,000. 127.31 Sec. 113. [116.994] [SMALL BUSINESS ENVIRONMENTAL 127.32 IMPROVEMENT LOAN ACCOUNT.] 127.33 The small business environmental improvement loan account 127.34 is established in the environmental fund. Repayments of loans 127.35 made under section 116.993 must be credited to this account. 127.36 This account replaces the small business environmental loan 128.1 account in Minnesota Statutes 1996, section 116.992, and the 128.2 hazardous waste generator loan account in Minnesota Statutes 128.3 1996, section 115B.224. The account balances and pending 128.4 repayments from the small business environmental loan account 128.5 and the hazardous waste generator account will be credited to 128.6 this new account. Money in the account is appropriated to the 128.7 commissioner for loans under this section. 128.8 Sec. 114. Minnesota Statutes 1996, section 116C.834, 128.9 subdivision 2, is amended to read: 128.10 Subd. 2. [COLLECTION AND DEPOSIT.] Fees assessed under 128.11 subdivision 1 shall be collected by the commissioner of 128.12 revenue. All money received pursuant to this subdivision shall 128.13 be deposited in thespecial revenueenvironmental fund. 128.14 Sec. 115. Minnesota Statutes 1996, section 116O.09, 128.15 subdivision 2, is amended to read: 128.16 Subd. 2. [DUTIES.] (a) In addition to the duties and 128.17 powers assigned to the institutes in section 116O.08, the 128.18 agricultural utilization research institute shall: 128.19 (1) identify the various market segments characterized by 128.20 Minnesota's agricultural industry, address each segment's 128.21 individual needs, and identify development opportunities in each 128.22 segment; 128.23 (2) develop and implement a utilization program for each 128.24 segment that addresses its development needs and identifies 128.25 techniques to meet those needs; 128.26 (3) coordinate research among the public and private 128.27 organizations and individuals specifically addressing procedures 128.28 to transfer new technology to businesses, farmers, and 128.29 individuals;and128.30 (4) provide research grants to public and private 128.31 educational institutions and other organizations that are 128.32 undertaking basic and applied research that would promote the 128.33 development of the various agricultural industries; and 128.34 (5) provide financial assistance including, but not limited 128.35 to: (i) direct loans, guarantees, interest subsidy payments, 128.36 and equity investments; and (ii) participation in loan 129.1 participations. The board of directors shall establish the 129.2 terms and conditions of the financial assistance. 129.3 (b) The agricultural utilization research institute board 129.4 of directors, with the concurrence of the advisory board,shall 129.5 have the sole approval authority for establishing agricultural 129.6 utilization research priorities, requests for proposals to meet 129.7 those priorities, awarding of grants, hiring and direction of 129.8 personnel, and other expenditures of funds consistent with the 129.9 adopted and approved mission and goals of the agricultural 129.10 utilization research institute. The actions and expenditures of 129.11 the agricultural utilization research institute are subject to 129.12 audit and regular annual report to the legislature in general 129.13 and specifically the house of representatives agriculture 129.14 committee, the senate agriculture and rural development 129.15 committee, the house of representativesappropriations129.16 environment and natural resources finance committee, and the 129.17 senatefinance committeeenvironment and agriculture budget 129.18 division. 129.19 Sec. 116. Minnesota Statutes 1996, section 116O.09, 129.20 subdivision 5, is amended to read: 129.21 Subd. 5. [ADVISORY BOARD.] A 26-member advisory board 129.22ismay be established to identify priorities for the 129.23 agricultural utilization research institute. Members of the 129.24 advisory board are appointed by the board. The advisory board 129.25 consists of: the chair of the Minnesota house of 129.26 representatives agricultural committee; the chair of the 129.27 Minnesota senate agricultural committee; a representative from 129.28 each of the ten largest agricultural-related businesses in the 129.29 state as determined by the corporation; a member from each of 129.30 the appropriate trade organizations representing producers of 129.31 beef cattle, dairy, corn, soybeans, pork, wheat, turkey, barley, 129.32 wild rice, edible beans, eggs, and potatoes; a member of the 129.33 Farmers's Union; and a member of the Farm Bureau. Terms and 129.34 removal of members must be set by the board and members of the 129.35 advisory board serve without compensation but shall receive 129.36 their necessary and actual expenses. 130.1 The advisory board shall annually provide a list of 130.2 priorities and suggested research and marketing studies that 130.3 should be performed by the agricultural utilization research 130.4 institute. 130.5 Sec. 117. Minnesota Statutes 1996, section 116O.09, 130.6 subdivision 9, is amended to read: 130.7 Subd. 9. [MEETINGS.] The board of directors shall meet at 130.8 least twice each year and may hold additional meetings upon 130.9 giving notice in accordance with the bylaws of the institute. 130.10 Board meetings are subject to section 471.705, except 130.11 subdivision 1b as it pertains to proprietary information. The 130.12 board may close any portion of a meeting during which 130.13 proprietary information is to be discussed. 130.14 Sec. 118. Minnesota Statutes 1996, section 168.1291, is 130.15 amended to read: 130.16 168.1291 [SPECIAL LICENSE PLATES; DESIGN.] 130.17 Subdivision 1. [DEFINITION.] For purposes of this section 130.18 "special license plates" means license plates issued under 130.19 sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and 130.20 168.1292; and 168.1296. 130.21 Subd. 2. [DESIGN OF SPECIAL LICENSE PLATES.] The 130.22 commissioner shall design a single special license plate that 130.23 will contain a unique number and a space for a unique symbol. 130.24 The commissioner shall design a unique symbol related to the 130.25 purpose of each special license plate. Any provision of 130.26 sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; and 130.27 168.1292; and 168.1296that requires the placement of a 130.28 specified letter or letters on a special license plate applies 130.29 to those license plates only to the extent that the commissioner 130.30 includes the letter or letters in the design. Where a law 130.31 authorizing a special license plate contains a specific 130.32 requirement for graphic design of that license plate, that 130.33 requirement applies to the appropriate unique symbol the 130.34 commissioner designs. 130.35 Subd. 3. [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE 130.36 SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e; 131.1 168.123; 168.129; or 168.1292; or 168.1296, beginning with 131.2 special license plates issued in calendar year 1996 the 131.3 commissioner shall issue each class of special license plates 131.4 permanently marked with specific designs under those laws only 131.5 until the commissioner's supply of those license plates is 131.6 exhausted. Thereafter the commissioner shall issue under those 131.7 laws only the license plate authorized under subdivision 2, with 131.8 the appropriate unique symbol attached. 131.9 Subd. 4. [FEES.] Notwithstanding section 168.12, 131.10 subdivisions 2b to 2e; 168.123; 168.129; or 168.1292; or131.11168.1296, the commissioner shall charge a fee of $10 for each 131.12 set of license plates issued under this section. 131.13 Subd. 5. [APPLICATION.] This section does not apply to a 131.14 special motorcycle license plate designed by the registrar under 131.15 section 168.123, subdivision 1, clause (2). 131.16 Sec. 119. Minnesota Statutes 1996, section 216B.2423, is 131.17 amended by adding a subdivision to read: 131.18 Subd. 3. [STANDARD CONTRACTS FOR WIND ENERGY CONVERSION 131.19 SYSTEMS.] The public utilities commission shall require a public 131.20 utility subject to subdivision 1 to develop and file in a form 131.21 acceptable to the commission by October 1, 1997, a standard form 131.22 contract for the purchase of electricity from wind conversion 131.23 systems with installed capacity of two megawatts and less. For 131.24 purposes of applying the two megawatts limit, the installed 131.25 capacity sold to the public utility from a single seller or 131.26 affiliated group of sellers shall be cumulated. The standard 131.27 contract shall include all the terms and conditions for 131.28 purchasing wind-generated power by the utility, except for price 131.29 and any other specific terms necessary to ensure system 131.30 reliability and safety, which shall be separately negotiable. 131.31 Sec. 120. Minnesota Statutes 1996, section 216C.41, 131.32 subdivision 1, is amended to read: 131.33 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 131.34 subdivision apply to this section: 131.35 (b) "Qualified hydroelectric facility" means a 131.36 hydroelectric generating facility in this state that: 132.1 (1) is located at the site of a dam, if the dam was in 132.2 existence as of March 31, 1994; and 132.3 (2) begins generating electricity after July 1, 1994. 132.4 (c) "Qualified wind energy conversion facility" means a 132.5 wind energy conversion system that: 132.6 (1)is located within one county and owned by a natural132.7person who owns the land where the facility is sited, or is a132.8farm-generated wind energy production facility qualifying under132.9section 41B.046, subdivision 1;132.10(2)produces two megawatts or less of electricity as 132.11 measured by nameplate rating;and 132.12(3)begins generating electricity after June 30, 1997, and 132.13 before July 1, 1999; or 132.14 (2) begins generating electricity after June 30, 1999, 132.15 produces two megawatts or less of electricity as measured by 132.16 nameplate rating, and is: 132.17 (i) located within one county and owned by a natural person 132.18 who owns the land where the facility is sited; 132.19 (ii) owned by a Minnesota small business as defined in 132.20 section 645.445; 132.21 (iii) owned by a nonprofit organization; or 132.22 (iv) owned by a tribal council if the facility is located 132.23 within the boundaries of the reservation. 132.24 Sec. 121. Minnesota Statutes 1996, section 223.17, 132.25 subdivision 3, is amended to read: 132.26 Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The 132.27 commissioner shall set the fees for inspections under sections 132.28 223.15 to 223.22 at levels necessary to pay the expenses of 132.29 administering and enforcing sections 223.15 to 223.22. These 132.30 fees may be adjusted pursuant to the provisions of section 132.31 16A.1285. 132.32The fee for any license issued or renewed prior to June 30,132.331984, is $100.The fee for any license issued or renewed after 132.34 June 30,19841997, shall be set according to the following 132.35 schedule: 132.36 (a) $100 plus $50 for each additional location for grain 133.1 buyers whose gross annual purchases are less than 133.2$1,500,000$100,000; 133.3 (b) $200 plus $50 for each additional location for grain 133.4 buyers whose gross annual purchases are at least 133.5$1,500,000$100,000, but not more than$3,000,000$750,000; 133.6and133.7 (c) $300 plus$50$100 for each additional location for 133.8 grain buyers whose gross annual purchases are more than 133.9$3,000,000.$750,000 but not more than $1,500,000; 133.10 (d) $400 plus $100 for each additional location for grain 133.11 buyers whose gross annual purchases are more than $1,500,000 but 133.12 not more than $3,000,000; and 133.13 (e) $500 plus $100 for each additional location for grain 133.14 buyers whose gross annual purchases are more than $3,000,000. 133.15 There is created in the state treasury the grain buyers and 133.16 storage fund. Money collected pursuant to sections 223.15 to 133.17 223.19 shall be paid into the state treasury and credited to the 133.18 grain buyers and storage fund and is appropriated to the 133.19 commissioner for the administration and enforcement of sections 133.20 223.15 to 223.22. 133.21 Sec. 122. Minnesota Statutes 1996, section 236.02, 133.22 subdivision 1, is amended to read: 133.23 Subdivision 1. [LICENSING REQUIREMENT.] A person who (1) 133.24 operates an establishment that processes grain into feed and (2) 133.25 is licensed to buy grain as apublic orprivate local grain 133.26 warehouse operator under section232.22223.17 may obtain a 133.27 license to operate a grain bank. A person licensed under 133.28 section 232.22 to operate a public grain warehouse is not 133.29 required to obtain a separate grain bank license. No person may 133.30 conduct a grain bank without a grain bank license or a public 133.31 grain warehouse operator's license. 133.32 Sec. 123. Minnesota Statutes 1996, section 236.02, 133.33 subdivision 2, is amended to read: 133.34 Subd. 2. [ISSUANCE.] A grain bank license must be obtained 133.35 from the department. The department may issue a grain bank 133.36 license when the applicant has complied with the bond 134.1 requirements of sections 236.01 to 236.09. A grain bank license 134.2 is required in addition to a license to buy grain as apublic or134.3 private local grain warehouse operator and permits the licensee 134.4 to conduct a grain bank in accordance with sections 236.01 to 134.5 236.09. 134.6 Sec. 124. Minnesota Statutes 1996, section 300.11, is 134.7 amended by adding a subdivision to read: 134.8 Subd. 5. [WATER QUALITY UTILITIES.] Notwithstanding any 134.9 contrary provision in subdivision 1, the term "public utility" 134.10 also means a person, corporation, cooperative, or other legal 134.11 entity, their lessees, trustees, and receivers who are 134.12 operating, maintaining, or controlling equipment or facilities 134.13 to provide water quality treatment and management services, as 134.14 defined by section 115.58, subdivision 1, paragraph (e). 134.15 "Public utility" does not include a municipality that owns or 134.16 operates equipment or facilities for treating wastewater, 134.17 furnishing potable water or water for geothermal heating and 134.18 cooling, managing storm water runoff or drainage, or reducing or 134.19 eliminating water pollution. 134.20 Sec. 125. Minnesota Statutes 1996, section 308A.101, is 134.21 amended by adding a subdivision to read: 134.22 Subd. 3. [WATER QUALITY COOPERATIVE PURPOSE.] A water 134.23 quality cooperative may only be formed by a cooperative engaged 134.24 in furnishing potable water or water quality treatment and 134.25 management services, as defined in section 115.58, subdivision 134.26 1, paragraph (e), for the purpose of financing or refinancing 134.27 the construction, improvement, expansion, acquisition, 134.28 operation, and maintenance of treatment works, sewage systems, 134.29 storm sewer facilities, water pipelines, and related facilities 134.30 of its members. 134.31 Sec. 126. Minnesota Statutes 1996, section 308A.201, is 134.32 amended by adding a subdivision to read: 134.33 Subd. 15. [WATER QUALITY COOPERATIVE CONDEMNATION 134.34 POWER.] A water quality cooperative organized in this state may 134.35 exercise the power of eminent domain in the manner provided by 134.36 state law for the exercise of the power by corporations engaged 135.1 in the provision of electric, light, heat, power, or telephone 135.2 service. 135.3 Sec. 127. Minnesota Statutes 1996, section 347.33, 135.4 subdivision 3, is amended to read: 135.5 Subd. 3. [FEES; ISSUANCE OF LICENSE.] The annual license 135.6 fee is$15$30 for each kennel and$100 foreach dealer licensed 135.7 plus $75 for each inspection by the board of animal health. 135.8 Routine inspection fees will be due at time of licensing for the 135.9 coming year. Complaint inspection fees will be due at the time 135.10 of the inspection. All license and inspection fees collected by 135.11 the board shall be deposited in the state treasury and credited 135.12 to the general fund. 135.13 When application is made to the board, complete in the 135.14 manner set forth by rule to be issued by the board, and upon 135.15 payment of the license fee, the license shall be issued by the 135.16 board if, after inspection of the premises, the board determines 135.17 that the kennel or dealer complies with sections 347.31 to 135.18 347.40 and the rules promulgated pursuant to those sections. 135.19 Sec. 128. Minnesota Statutes 1996, section 394.25, 135.20 subdivision 2, is amended to read: 135.21 Subd. 2. [DISTRICTS SET BY ZONING ORDINANCES.] Zoning 135.22 ordinances establishing districts within which the use of land 135.23 or the use of water or the surface of water pursuant to section 135.24 86B.205 for agriculture, forestry, recreation, residence, 135.25 industry, trade, soil conservation, water supply conservation, 135.26 surface water drainage and removal, conservation of shorelands, 135.27 as defined in sections 103F.201 to 103F.221, and additional uses 135.28 of land and of the surface of water pursuant to section 86B.205, 135.29 may be by official controls encouraged, regulated, or prohibited 135.30 and for such purpose the board may divide the county into 135.31 districts of such number, shape, and area as may be deemed best 135.32 suited to carry out the comprehensive plan. Official controls 135.33 may also be applied to wetlands preservation, open space, parks, 135.34 sewage disposal, protection of groundwater, protection of 135.35 floodplains as defined in section 103F.111, protection of wild, 135.36 scenic, or recreational rivers as defined in sections 103F.311 136.1 and 103F.315, protection of slope, soils, unconsolidated 136.2 materials or bedrock from potentially damaging development, 136.3 preservation of forests, woodlands and essential wildlife 136.4 habitat, reclamation of nonmetallic mining lands; protection and 136.5 encouragement of access to direct sunlight for solar energy 136.6 systems as defined in section 216C.06, subdivision 8; and the 136.7 preservation of agricultural lands. Official controls may 136.8 include provisions for purchase of development rights by the 136.9 board in the form of conservation easements under chapter 84C in 136.10 areas where preservation is considered by the board to be 136.11 desirable, and the transfer of development rights from those 136.12 areas to areas the board considers more desirable for 136.13 development. 136.14 Sec. 129. Minnesota Statutes 1996, section 394.25, is 136.15 amended by adding a subdivision to read: 136.16 Subd. 3b. [FEEDLOT ZONING ORDINANCES.] (a) A county 136.17 proposing to adopt a new feedlot ordinance or amend an existing 136.18 feedlot ordinance must notify the pollution control agency and 136.19 commissioner of agriculture at the beginning of the process to 136.20 actively participate in the development of the new feedlot 136.21 ordinance or amendment to an existing ordinance. 136.22 (b) Prior to final approval of a feedlot ordinance, a 136.23 county board may submit a copy of the proposed ordinance to the 136.24 pollution control agency and to the commissioner of agriculture 136.25 and request review and comment on the environmental and 136.26 agricultural effects from specific provisions in the ordinance. 136.27 (c) If requested under paragraph (b) or if the pollution 136.28 control agency or the commissioner of agriculture determines 136.29 that it is appropriate, the agency or the commissioner may 136.30 provide a feedlot ordinance advisory report to the county 136.31 board. The advisory report may include: 136.32 (1) any recommendations for improvements in the ordinance; 136.33 and 136.34 (2) the legal, social, economic, or scientific 136.35 justification for each recommendation under clause (1). 136.36 (d) A local ordinance that contains a setback for new 137.1 feedlots from existing residences must also provide for a new 137.2 residence setback from existing feedlots located in areas zoned 137.3 agricultural at the same distances and conditions specified in 137.4 the setback for new feedlots, unless the new residence is built 137.5 to replace an existing residence. A county may grant a variance 137.6 from this requirement under section 394.27, subdivision 7. 137.7 Sec. 130. Minnesota Statutes 1996, section 446A.02, 137.8 subdivision 6, is amended to read: 137.9 Subd. 6. [PROJECT.] "Project" means the acquisition, 137.10 construction, improvement, expansion, repair, or rehabilitation 137.11 of all or part of any structure, facility, or equipment 137.12 necessary for a wastewater treatment systemor, water supply 137.13 system, or alternative discharging sewage system that is part of 137.14 a permit issued under section 115.58, subdivision 1, paragraph 137.15 (c). 137.16 Sec. 131. Minnesota Statutes 1996, section 462.357, 137.17 subdivision 1, is amended to read: 137.18 Subdivision 1. [AUTHORITY FOR ZONING.] For the purpose of 137.19 promoting the public health, safety, morals, and general 137.20 welfare, a municipality may by ordinance regulate on the earth's 137.21 surface, in the air space above the surface, and in subsurface 137.22 areas, the location, height, width, bulk, type of foundation, 137.23 number of stories, size of buildings and other structures, the 137.24 percentage of lot which may be occupied, the size of yards and 137.25 other open spaces, the density and distribution of population, 137.26 the uses of buildings and structures for trade, industry, 137.27 residence, recreation, public activities, or other purposes, and 137.28 the uses of land for trade, industry, residence, recreation, 137.29 agriculture, forestry, soil conservation, water supply 137.30 conservation, conservation of shorelands, as defined in sections 137.31 103F.201 to 103F.221, access to direct sunlight for solar energy 137.32 systems as defined in section 216C.06, flood control or other 137.33 purposes, and may establish standards and procedures regulating 137.34 such uses. To accomplish these purposes, official controls may 137.35 include provision for purchase of development rights by the 137.36 governing body in the form of conservation easements under 138.1 chapter 84C in areas where the governing body considers 138.2 preservation desirable and the transfer of development rights 138.3 from those areas to areas the governing body considers more 138.4 appropriate for development. No regulation may prohibit earth 138.5 sheltered construction as defined in section 216C.06, 138.6 subdivision 2, relocated residential buildings, or manufactured 138.7 homes built in conformance with sections 327.31 to 327.35 that 138.8 comply with all other zoning ordinances promulgated pursuant to 138.9 this section. The regulations may divide the surface, above 138.10 surface, and subsurface areas of the municipality into districts 138.11 or zones of suitable numbers, shape, and area. The regulations 138.12 shall be uniform for each class or kind of buildings, 138.13 structures, or land and for each class or kind of use throughout 138.14 such district, but the regulations in one district may differ 138.15 from those in other districts. The ordinance embodying these 138.16 regulations shall be known as the zoning ordinance and shall 138.17 consist of text and maps. A city may by ordinance extend the 138.18 application of its zoning regulations to unincorporated 138.19 territory located within two miles of its limits in any 138.20 direction, but not in a county or town which has adopted zoning 138.21 regulations; provided that where two or more noncontiguous 138.22 municipalities have boundaries less than four miles apart, each 138.23 is authorized to control the zoning of land on its side of a 138.24 line equidistant between the two noncontiguous municipalities 138.25 unless a town or county in the affected area has adopted zoning 138.26 regulations. Any city may thereafter enforce such regulations 138.27 in the area to the same extent as if such property were situated 138.28 within its corporate limits, until the county or town board 138.29 adopts a comprehensive zoning regulation which includes the area. 138.30 Sec. 132. Minnesota Statutes 1996, section 477A.12, is 138.31 amended to read: 138.32 477A.12 [ANNUAL APPROPRIATIONS; LANDS ELIGIBLE; 138.33 CERTIFICATION OF ACREAGE.] 138.34 (a) There is annually appropriated to the commissioner of 138.35 natural resources from the general fund for payment to counties 138.36 within the state an amount equal to: 139.1 (1) for acquired natural resources land, $3 multiplied by 139.2 the total number of acres of acquired natural resources land or, 139.3 beginning July 1, 1996, at the county's optionthree-fourths of139.4one0.85 percent of the appraised value of all acquired natural 139.5 resources land in the county, whichever is greater; 139.6 (2)7585 cents multiplied by the number of acres of 139.7 county-administered other natural resources land; and 139.8 (3)37.542.5 cents multiplied by the number of acres of 139.9 commissioner-administered other natural resources land located 139.10 in each county as of July 1 of each year. 139.11 (b) Lands for which payments in lieu are made pursuant to 139.12 section 97A.061, subdivision 3, and Laws 1973, chapter 567, 139.13 shall not be eligible for payments under this section. Each 139.14 county auditor shall certify to the department of natural 139.15 resources during July of each year the number of acres of 139.16 county-administered other natural resources land within the 139.17 county. The department of natural resources may, in addition to 139.18 the certification of acreage, require descriptive lists of land 139.19 so certified. The commissioner of natural resources shall 139.20 determine and certify the number of acres of acquired natural 139.21 resources land and commissioner-administered natural resources 139.22 land within each county. 139.23 (c) For the purposes of this section, the appraised value 139.24 of acquired natural resources land is the purchase price for the 139.25 first five years after acquisition. The appraised value of 139.26 acquired natural resources land received as a donation is the 139.27 value determined for the commissioner of natural resources by a 139.28 licensed appraiser, or the county assessor's estimated market 139.29 value if no appraisal is done. The appraised value must be 139.30 determined by the county assessor every five years after the 139.31 land is acquired. 139.32 Sec. 133. Minnesota Statutes 1996, section 477A.14, is 139.33 amended to read: 139.34 477A.14 [USE OF FUNDS.] 139.35 Forty percent of the total payment to the county shall be 139.36 deposited in the county general revenue fund to be used to 140.1 provide property tax levy reduction. The remainder shall be 140.2 distributed by the county in the following priority: 140.3 (a)37.542.5 cents for each acre of county-administered 140.4 other natural resources land shall be deposited in a resource 140.5 development fund to be created within the county treasury for 140.6 use in resource development, forest management, game and fish 140.7 habitat improvement, and recreational development and 140.8 maintenance of county-administered other natural resources 140.9 land. Any county receiving less than $5,000 annually for the 140.10 resource development fund may elect to deposit that amount in 140.11 the county general revenue fund; 140.12 (b) From the funds remaining, within 30 days of receipt of 140.13 the payment to the county, the county treasurer shall pay each 140.14 organized township 30 cents per acre of acquired natural 140.15 resources land and 7.5 cents per acre of other natural resources 140.16 land located within its boundaries. Payments for natural 140.17 resources lands not located in an organized township shall be 140.18 deposited in the county general revenue fund. Payments to 140.19 counties and townships pursuant to this paragraph shall be used 140.20 to provide property tax levy reduction. Provided that, if the 140.21 total payment to the county pursuant to section 477A.12 is not 140.22 sufficient to fully fund the distribution provided for in this 140.23 clause, the amount available shall be distributed to each 140.24 township and the county general revenue fund on a pro rata 140.25 basis; and 140.26 (c) Any remaining funds shall be deposited in the county 140.27 general revenue fund. Provided that, if the distribution to the 140.28 county general revenue fund exceeds $35,000, the excess shall be 140.29 used to provide property tax levy reduction. 140.30 Sec. 134. Laws 1995, chapter 220, section 19, subdivision 140.31 4, as amended by Laws 1996, chapter 407, section 50, is amended 140.32 to read: 140.33 Subd. 4. Parks and Trails 140.34 (a) METROPOLITAN REGIONAL 140.35 PARK SYSTEM 3,950,000 140.36 This appropriation is from the trust 140.37 fund for payment by the commissioner of 141.1 natural resources to the metropolitan 141.2 council for subgrants to rehabilitate, 141.3 develop, acquire, and retrofit the 141.4 metropolitan regional park system 141.5 consistent with the metropolitan 141.6 council regional recreation open space 141.7 capital improvement program and 141.8 subgrants for regional trails, 141.9 consistent with an updated regional 141.10 trail plan. $1,666,000 of this 141.11 appropriation is from the trust fund 141.12 acceleration. 141.13 This appropriation may be used for the 141.14 purchase of homes only if the purchases 141.15 are expressly included in the work 141.16 program approved by the legislative 141.17 commission on Minnesota resources. 141.18 This project must be completed and 141.19 final products delivered by December 141.20 31, 1997, and the appropriation is 141.21 available until that date. 141.22 (b) STATE PARK AND RECREATION AREA 141.23 ACQUISITION, DEVELOPMENT, BETTERMENT, 141.24 AND REHABILITATION 3,150,000 141.25 This appropriation is from the trust 141.26 fund to the commissioner of natural 141.27 resources as follows: (1) for state 141.28 park and recreation area acquisition 141.29 $1,070,000, of which up to $670,000 may 141.30 be used for state trail acquisition of 141.31 a critical nature; (2) for state park 141.32 and recreation area development 141.33 $680,000; and (3) for betterment and 141.34 rehabilitation of state parks and 141.35 recreation areas $1,400,000. The use 141.36 of the Minnesota conservation corps is 141.37 encouraged in the rehabilitation and 141.38 development. 141.39 $1,384,000 of this appropriation is 141.40 from the trust fund acceleration. The 141.41 commissioner must submit grant requests 141.42 for supplemental funding for federal 141.43 ISTEA money in eligible categories and 141.44 report the results to the legislative 141.45 commission on Minnesota resources. 141.46 This project must be completed and 141.47 final products delivered by December 141.48 31, 1997, and the appropriation is 141.49 available until that date. 141.50 (c) STATE TRAIL REHABILITATION 141.51 AND ACQUISITION 250,000 141.52 This appropriation is from the trust 141.53 fund to the commissioner of natural 141.54 resources for state trail plan 141.55 priorities. $94,000 of this 141.56 appropriation is from the trust fund 141.57 acceleration. The commissioner must 141.58 submit grant requests for supplemental 141.59 funding for federal ISTEA money and 141.60 report the results to the legislative 141.61 commission on Minnesota resources. 141.62 This project must be completed and 142.1 final products delivered by December 142.2 31, 1997, and the appropriation is 142.3 available until that date. 142.4 (d) WATER ACCESS 600,000 142.5 This appropriation is from the trust 142.6 fund to the commissioner of natural 142.7 resources to accelerate public water 142.8 access acquisition and development 142.9 statewide. Access includes boating 142.10 access, fishing piers, and shoreline 142.11 access. Up to $100,000 of this 142.12 appropriation may be used for a 142.13 cooperative project to acquire and 142.14 develop land, local park facilities, an 142.15 access trail, and a boat access at the 142.16 LaRue pit otherwise consistent with the 142.17 water access program. 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) LOCAL GRANTS 1,800,000 142.23 This appropriation is from the future 142.24 resources fund to the commissioner of 142.25 natural resources to provide matching 142.26 grants, as follows: (1) $500,000 to 142.27 local units of government for local 142.28 park and recreation areas; (2) $500,000 142.29 to local units of government for 142.30 natural and scenic areas pursuant to 142.31 Minnesota Statutes, section 85.019; (3) 142.32 $400,000 to local units of government 142.33 for trail linkages between communities, 142.34 trails, and parks; and (4) $400,000 for 142.35 a conservation partners program, a 142.36 statewide pilot to encourage private 142.37 organizations and local governments to 142.38 cost share enhancement of fish, 142.39 wildlife, and native plant habitats; 142.40 and research and surveys of fish and 142.41 wildlife, and related education 142.42 activities. Conservation partners 142.43 grants may be up to $10,000 each and 142.44 must be equally matched. In addition 142.45 to the required work program, grants 142.46 may not be approved until grant 142.47 proposals to be funded have been 142.48 submitted to the legislative commission 142.49 on Minnesota resources and the 142.50 commission has either made a 142.51 recommendation or allowed 60 days to 142.52 pass without making a recommendation. 142.53 The above appropriations are available 142.54 half for the metropolitan area as 142.55 defined in Minnesota Statutes, section 142.56 473.121, subdivision 2, and half for 142.57 outside of the metropolitan area. For 142.58 the purpose of this paragraph, match 142.59 includes nonstate contributions either 142.60 cash or in-kind. 142.61 This project must be completed and 142.62 final products delivered by December 142.63 31, 1997, and the appropriation is 142.64 available until that date. 143.1 (f) MINNEAPOLIS PARK AND 143.2 TRAIL CONNECTIONS 141,000 143.3 This appropriation is from the future 143.4 resources fund to the commissioner of 143.5 transportation for half of the 143.6 nonfederal match of ISTEA projects for 143.7 the Minneapolis park and recreation 143.8 board to develop park and trail 143.9 connections including: Minnehaha park 143.10 to Mendota bridge, Stone Arch bridge to 143.11 bridge number 9 on West River Parkway, 143.12 Boom island to St. Anthony Parkway, and 143.13 West River Parkway to Shingle Creek 143.14 Parkway. The Minneapolis park and 143.15 recreation board must apply for and 143.16 receive approval of the federal money 143.17 in order to receive this appropriation. 143.18 This project must be completed and 143.19 final products delivered by December 143.20 31, 1997, and the appropriation is 143.21 available until that date. 143.22 (g) LOCAL SHARE FOR ISTEA 143.23 FEDERAL PROJECTS 300,000 143.24 This appropriation is from oil 143.25 overcharge money to the commissioner of 143.26 administration for half of the 143.27 nonfederal match of ISTEA projects 143.28 for: (1) Chisago county, $150,000 for 143.29 a trail between North Branch and Forest 143.30 Lake township; and (2) the St. Louis 143.31 and Lake counties regional rail 143.32 authority, $150,000 for the development 143.33 of approximately 40 miles of a 143.34 multipurpose recreational trail 143.35 system. Chisago county and the St. 143.36 Louis and Lake counties regional rail 143.37 authority must apply for and receive 143.38 approval of the federal money in order 143.39 to receive these appropriations. 143.40 The project under clause (1) must be 143.41 completed and final products delivered 143.42 by December 31, 1997, and the 143.43 appropriation is available until that 143.44 date. The project under clause (2) 143.45 must be completed and final products 143.46 delivered by December 31, 1999, and the 143.47 appropriation is available until that 143.48 date. 143.49 (h) PINE POINT PARK REST STATION 100,000 143.50 This appropriation is from the future 143.51 resources fund to the commissioner of 143.52 natural resources for an agreement with 143.53 Washington county to construct a rest 143.54 station on the Gateway segment of the 143.55 Willard Munger state trail in 143.56 compliance with the Americans with 143.57 Disabilities Act. This appropriation 143.58 must be matched by at least $30,000 of 143.59 nonstate money. 143.60 (i) INTERACTIVE MULTIMEDIA COMPUTER 143.61 INFORMATION SYSTEM 45,000 143.62 This appropriation is from the future 144.1 resources fund to the commissioner of 144.2 trade and economic development, office 144.3 of tourism, for an agreement with 144.4 Explore Lake County, Inc. to develop a 144.5 pilot multimedia interactive computer 144.6 information system at the R. J. Houle 144.7 visitor information center. 144.8 (j) UPPER SIOUX AGENCY STATE PARK 200,000 144.9 This appropriation to the commissioner 144.10 of natural resources is from the future 144.11 resources fund for bathroom and shower 144.12 facilities at Upper Sioux Agency State 144.13 Park. 144.14 (k) GRAIN BELT MISSISSIPPI 144.15 RIVERFRONT DEVELOPMENT 500,000 144.16 This appropriation is from the future 144.17 resources fund to the commissioner of 144.18 natural resources for a contract with 144.19 the metropolitan council for a subgrant 144.20 to the Minneapolis park and recreation 144.21 board, which shall cooperate with the 144.22 Minneapolis community development 144.23 agency to create riverfront 144.24 recreational park and marina facilities 144.25 through acquisition and development of 144.26 Mississippi riverfront property. This 144.27 appropriation is contingent on this 144.28 facility being designated part of the 144.29 metropolitan regional park and open 144.30 space system. 144.31 (l) WILDCAT REGIONAL PARK 40,000 144.32 This appropriation is from the future 144.33 resources fund to the commissioner of 144.34 natural resources for an agreement with 144.35 Houston county to construct an 144.36 off-channel boat ramp on the 144.37 Mississippi River,andwingwalls to 144.38 protect the ramp and existing swimming 144.39 beach, and amenities for users of the 144.40 ramp. 144.41 Sec. 135. Laws 1995, chapter 220, section 19, subdivision 144.42 11, is amended to read: 144.43 Subd. 11. Energy 144.44 (a)INTER-CITYELECTRIC VEHICLE144.45TRANSPORTATION DEMONSTRATION150,000144.46This appropriation is from the oil144.47overcharge money to the commissioner of144.48administration for an agreement with144.49Minnesota Power and Light Company to144.50develop and evaluate an electric144.51vehicle infrastructure with charging144.52stations for use between Duluth and St.144.53Paul, including installation of a144.54charging station at the state of144.55Minnesota central motor pool location.144.56This appropriation must be matched by144.57at least $30,000 of nonstate money.144.58(b)SUSTAINABLE DEVELOPMENT OF WIND 144.59 ENERGY ON FAMILY FARMS 200,000 145.1 This appropriation is from the oil 145.2 overcharge money to the commissioner of 145.3 administration for an agreement with 145.4 the sustainable resources center to 145.5 provide technical assistance and 145.6 technology transfer for the development 145.7 of wind energy harvesting. 145.8(c)(b) ONE-MEGAWATT HYBRID ELECTRICAL 145.9 GENERATION SIMULATION PROJECT 50,000 145.10 This appropriation is from the oil 145.11 overcharge money to the commissioner of 145.12 administration for an agreement with 145.13 Dan Mar & Associates in cooperation 145.14 with the agriculture utilization 145.15 research institute for a simulation 145.16 project using biofuel electrical 145.17 generation to firm up wind power to 145.18 provide electrical energy on demand. 145.19(d)(c) AVIAN POPULATION ANALYSIS FOR WIND 145.20 POWER GENERATION REGIONS 75,000 145.21 This appropriation is from the oil 145.22 overcharge money to the commissioner of 145.23 administration for an agreement with 145.24 American Wind Energy Association to 145.25 identify and assess significant avian 145.26 activity areas within identified wind 145.27 farm corridors in Minnesota. This 145.28 appropriation must be matched by at 145.29 least $75,000 of nonstate money. 145.30 This project must be completed and 145.31 final products delivered by December 145.32 31, 1997, and the appropriation is 145.33 available until that date. 145.34(e)(d) ENERGY IMPROVEMENTS IN PUBLIC 145.35 ICE ARENAS 470,000 145.36 This appropriation is from the oil 145.37 overcharge money to the commissioner of 145.38 administration for an agreement with 145.39 the Center for Energy and Environment 145.40 to assess, install, and evaluate energy 145.41 and indoor air quality improvements in 145.42 at least 25 publicly owned ice arenas 145.43 located throughout Minnesota. Projects 145.44 receiving funding from this 145.45 appropriation must be in compliance 145.46 with the indoor ice facilities prime 145.47 ice time and gender preference 145.48 requirements in Minnesota Statutes, 145.49 section 15.98. This appropriation is 145.50 for up to 50 percent of the cost of 145.51 retrofit activities. 145.52 Sec. 136. Laws 1996, chapter 463, section 7, subdivision 145.53 24, is amended to read: 145.54 Subd. 24. McQuade Public Access 500,000 145.55 For acquisition and development of a 145.56 public access on Lake Superior in the 145.57 city of Duluth, the town of Duluth, and 145.58 the town of Lakewood.This145.59appropriation must be matched by a146.1total of $350,000 from$200,000 of this 146.2 appropriation is available without 146.3 match and the remaining $300,000 is 146.4 available to the extent matched by the 146.5 iron range resources and rehabilitation 146.6 board and nonstate sources and is 146.7 contingent on sufficient land owned by 146.8 the cities and the town, the value of 146.9 which may not be applied as part of the 146.10 required match, being made available to 146.11 complete the project. 146.12 Sec. 137. [AGRICULTURAL IMPROVEMENTS; WIND ENERGY 146.13 CONVERSION FACILITY PILOT PROGRAM.] 146.14 Subdivision 1. [LOANS AUTHORIZED.] The Minnesota rural 146.15 finance authority shall establish a pilot program to participate 146.16 in loans to an eligible borrower through the agricultural 146.17 improvement loan program under Minnesota Statutes, section 146.18 41B.043, for wind energy conversion facilities. Except as 146.19 specifically provided in subdivision 2, all loans made under 146.20 this section must comply with Minnesota Statutes, chapter 41B. 146.21 Subd. 2. [LOAN PARTICIPATION; REPAYMENT; LIFETIME LIMIT 146.22 EXCLUSION.] Participation by the authority under this section is 146.23 limited to a total of $3,000,000. The authority is limited on a 146.24 particular loan to 45 percent of the principal amount or 146.25 $500,000, whichever is less. A loan must have a term of no more 146.26 than 20 years. Loans under this section must not be included in 146.27 the lifetime limitation calculated under Minnesota Statutes, 146.28 section 41B.03, subdivision 1. A loan origination fee of up to 146.29 one-half percent may be charged by the authority. 146.30 Subd. 3. [REPORT.] By January 15, 1999, the rural finance 146.31 authority must report to the senate committee on agriculture and 146.32 rural development, the senate environment and agriculture budget 146.33 division, the house committee on agriculture, and the house 146.34 committee on environmental finance on the status of loans made 146.35 under this pilot program. The report must include 146.36 recommendations on whether to make permanent changes to the 146.37 agricultural improvement loan program that allow for increased 146.38 participation by the state in wind energy conversion facility 146.39 loans. 146.40 Sec. 138. [PROTECTION OF SCENIC PINE FOREST AREA.] 146.41 The commissioner of natural resources shall negotiate with 147.1 the city of Duluth, the Duluth Airport Authority, and other 147.2 federal, state, and local parties to classify the land subject 147.3 to the 1939 conveyance to provide a level of protection 147.4 sufficient to ensure the continued ecological integrity of the 147.5 area and to prohibit further cutting of the scenic pine forest 147.6 area. 147.7 Sec. 139. [DEER WINTER SURVIVAL WORK GROUP.] 147.8 The section of wildlife of the department of natural 147.9 resources, representatives of the Minnesota Deer Hunters 147.10 Association, and representatives of other groups or individuals 147.11 interested in deer hunting and deer management in this state 147.12 shall meet as a work group to develop recommendations on deer 147.13 feeding and other deer management options to provide for 147.14 management of deer and deer winter survival in this state. 147.15 The work group shall develop a plan for deer management in 147.16 winter that provides recommendations on deer management and 147.17 feeding needs. The work group shall examine and make reports on 147.18 the following: 147.19 (1) when and where deer feeding may be appropriate; 147.20 (2) appropriate funding mechanisms, criteria, and delivery 147.21 systems when feeding is determined to be appropriate; 147.22 (3) other winter-related deer management needs and 147.23 practices, such as food plots, wintering area identification and 147.24 protection, deer yard improvement, browse regeneration, 147.25 openings, and other deer foraging areas; and 147.26 (4) needs for improving understanding of deer wintering 147.27 requirements and management practices. The work group shall 147.28 recommend any statutory changes or funding necessary to 147.29 accomplish those needs. 147.30 The work group shall operate on a consensus basis and shall 147.31 report its recommendations back to the house and senate 147.32 environment and natural resources committees, the house 147.33 environment and natural resources finance committee, and the 147.34 senate environment and agriculture budget division by January 147.35 15, 1998. 147.36 Sec. 140. [ELECTRONIC LICENSING; RETRAINING OF AFFECTED 148.1 STATE EMPLOYEES.] 148.2 (a) If any employees of the department of natural resources 148.3 are affected by the implementation of Minnesota Statutes, 148.4 section 84.027, subdivision 15, the commissioner shall meet and 148.5 negotiate with the exclusive representatives of the affected 148.6 employees. Bargaining under this section must have as its 148.7 purpose the achievement of the highest possible degree of public 148.8 service delivery to the citizens of Minnesota and the provision 148.9 of appropriate incentives to any affected state employees. 148.10 Incentives may include, but are not limited to, early retirement 148.11 incentives, negotiated options in place of layoffs, job training 148.12 and retraining opportunities, and enhanced severance. 148.13 (b) The commissioner and the representatives of any 148.14 employees affected by the implementation of Minnesota Statutes, 148.15 section 84.027, subdivision 15, shall determine the employee 148.16 training and retraining required for any employees affected by 148.17 Minnesota Statutes, section 84.027, subdivision 15. Employees 148.18 whose job duties are affected by Minnesota Statutes, section 148.19 84.027, subdivision 15, must be given the opportunity to take 148.20 part in training or retraining for new job duties. Employees 148.21 affected by Minnesota Statutes, section 84.027, subdivision 15, 148.22 must be trained or retrained for agency positions before new 148.23 hiring takes place. 148.24 Sec. 141. [SPECIAL EXTENSION OF TIMBER PERMITS.] 148.25 Timber sale permits issued under Minnesota Statutes, 148.26 sections 90.101, 90.121, 90.151, and 90.191, that would 148.27 otherwise expire in 1997 are extended for one year. Extensions 148.28 issued under this section shall be without interest, and any 148.29 timber cut during the period of this extension or remaining 148.30 uncut at the expiration of this extension shall be billed at the 148.31 stumpage rates of the original sale. Extensions granted under 148.32 Minnesota Statutes, section 90.193, from January 1, 1997, to the 148.33 effective date of this section, due to a lack of suitable winter 148.34 logging conditions or suitable economic conditions, shall be 148.35 granted without interest, and any timber cut during the period 148.36 of this extension or remaining uncut at the expiration of this 149.1 extension shall be billed at the stumpage rate of the original 149.2 sale. 149.3 Sec. 142. [SALE OF STATE FOREST LAND.] 149.4 (a) Notwithstanding Minnesota Statutes, section 89.01, 149.5 subdivision 5, the commissioner of natural resources may sell 149.6 school trust and acquired state land in the Richard J. Dorer 149.7 Memorial Hardwood State Forest described in this section in the 149.8 manner for sale of trust fund and acquired lands under Minnesota 149.9 Statutes, chapter 92 or 94. 149.10 (b) The land that may be sold is described as follows: 149.11 (1) Township 110 North, Range 12 West, Section 28, the 149.12 Southeast Quarter of the Southwest Quarter containing 40 acres 149.13 more or less and the Southwest Quarter of the Southeast Quarter 149.14 containing 40 acres more or less, in Wabasha County; 149.15 (2) Township 107 North, Range 8 West, Section 16, the 149.16 Northeast Quarter of the Southeast Quarter containing 40 acres 149.17 more or less, the Southwest Quarter of the Southeast Quarter 149.18 containing 40 acres more or less, in Winona County; 149.19 (3) Township 106 North, Range 5 West, Section 30, the 149.20 Southeast Quarter of the Southeast Quarter containing 40 acres 149.21 more or less, in Winona County; 149.22 (4) Township 106 North, Range 6 West, Section 36, the 149.23 Northeast Quarter of the Southeast Quarter containing 40 acres 149.24 more or less, in Winona County; and 149.25 (5) Township 104 North, Range 6 West, Section 6, the 149.26 Southwest Quarter of the Northwest Quarter containing 38.28 149.27 acres more or less, in Houston County. 149.28 Sec. 143. [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.] 149.29 (a) Notwithstanding Minnesota Statutes, section 92.45, the 149.30 commissioner of natural resources may sell the state trust fund 149.31 land bordering on public waters described in paragraph (c) in 149.32 accordance with the procedures in Minnesota Statutes, chapter 92. 149.33 (b) The conveyance shall be in a form approved by the 149.34 attorney general. 149.35 (c) The land that may be sold is located in Hubbard County 149.36 and is described as: that part of the Southeast Quarter of the 150.1 Southeast Quarter of Section 8, Township 144 North, Range 32 150.2 West, Hubbard County, Minnesota, lying easterly of the Necktie 150.3 River and northerly of the centerline of county state-aid 150.4 highway No. 16, containing up to 5 acres, more or less. 150.5 (d) The sale will result in the elimination of a trespass 150.6 situation with the adjacent landowner who built a house on the 150.7 property in 1989. 150.8 Sec. 144. [SALE OF STATE LAND IN OTTER TAIL COUNTY.] 150.9 (a) Notwithstanding the public sale requirements of 150.10 Minnesota Statutes, sections 94.09 and 94.10, the commissioner 150.11 of natural resources may sell by private sale, for a 150.12 consideration not less than its appraised value, the land 150.13 described in paragraph (c), under the remaining provisions of 150.14 Minnesota Statutes, chapter 94. 150.15 (b) The conveyance shall be in a form approved by the 150.16 attorney general. 150.17 (c) The land that may be sold is located in Otter Tail 150.18 County and is described as: all that part of the Southwest 150.19 Quarter of the Southeast Quarter of Section 22, Township 137, 150.20 Range 42, Otter Tail County, Minnesota described as follows: 150.21 beginning at the South Quarter corner of said Section 22; thence 150.22 on an assumed bearing of North 0 degrees 31 minutes 36 seconds 150.23 East along the west line of said Southwest Quarter of the 150.24 Southeast Quarter, a distance of 442.58 feet; thence South 19 150.25 degrees 29 minutes 47 seconds East a distance of 108.74 feet; 150.26 thence southeasterly on a tangential curve, concave to the 150.27 northeast, having a radius of 498.22 feet and a central angle of 150.28 69 degrees 43 minutes 29 seconds, for an arc distance of 606.30 150.29 feet to the easterly line of a tract of land described in Book 150.30 392 of Deeds, page 509, Office of the Otter Tail County 150.31 Recorder; thence South 10 degrees 03 minutes 49 seconds West 150.32 along said easterly line, a distance of 14.18 feet to the 150.33 southeast corner of said tract of land described in Book 392 of 150.34 Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds 150.35 West along the south line of said Section 22, a distance of 150.36 500.80 feet to the point of beginning, containing 1.44 acres 151.1 more or less, subject to easements and reservations of public 151.2 record, if any. The grantor, for itself, its successors and 151.3 assigns, reserves an easement for use and maintenance of the 151.4 existing ditch over and across the above described parcel, being 151.5 a strip of land 33 feet in width lying 16.5 feet on each side of 151.6 the centerline of the existing ditch running in a southwesterly 151.7 direction from the township road to the west line of said 151.8 Southwest Quarter of the Southeast Quarter. 151.9 (d) The commissioner has determined that the land is no 151.10 longer useful for any natural resource purpose, or any other 151.11 public purpose, and intends to sell this unneeded land to the 151.12 adjoining landowner to resolve an inadvertent trespass. 151.13 Sec. 145. [SALE OF STATE LAND IN CROW WING COUNTY.] 151.14 (a) Notwithstanding Minnesota Statutes, section 92.45, the 151.15 commissioner of natural resources may sell acquired state land 151.16 bordering public waters described in this section in accordance 151.17 with Minnesota Statutes, section 85.015, subdivision 1, 151.18 paragraph (b), and chapter 94. 151.19 (b) The land that may be sold is located in Crow Wing 151.20 County and is described as follows: 151.21 (1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa 151.22 Addition; and 151.23 (2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa 151.24 Addition. 151.25 Sec. 146. [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES 151.26 IN PINE COUNTY.] 151.27 (a) Notwithstanding Minnesota Statutes, section 92.45, the 151.28 commissioner of natural resources may sell the land described in 151.29 paragraph (b) to the city of Willow River in the manner 151.30 prescribed by Minnesota Statutes, section 84.027, subdivision 151.31 10. The conveyance must provide that the land revert to the 151.32 state of Minnesota should the land cease to be retained and 151.33 developed as Stanton Lake Park for public use. 151.34 (b) The land that may be sold is located in Pine county and 151.35 described as: 151.36 All that part of the following described tract: that part 152.1 of the Northeast Quarter of the Southwest Quarter of Section 2, 152.2 Township 44 North, Range 20 West, of the Fourth Principal 152.3 Meridian, situated in Pine County, described as follows: 152.4 beginning at a point on the east and west one quarter line of 152.5 Section 2 at the intersection with the easterly right-of-way 152.6 line of U.S. Highway No. 61; thence in a southerly direction 152.7 along said easterly right-of-way line of U.S. Highway No. 61 a 152.8 distance of 695 feet; thence in a northeasterly direction at an 152.9 angle of 60 degrees with the U.S. Highway No. 61 right-of-way 152.10 line for a distance of 410 feet to a point on the lake bank; 152.11 thence in a northeasterly direction at an angle of 153 degrees 152.12 35 minutes with the preceding line to the intersection with the 152.13 east and west one quarter line of Section 2, thence in a 152.14 westerly direction along said east and west one quarter line of 152.15 Section 2 to point of beginning, containing 5.81 acres, more or 152.16 less. 152.17 (c) This property was purchased for development of the 152.18 Stanton Lake dam. The state, its agents, and servants shall 152.19 retain ownership of the dam and retain perpetual access to the 152.20 dam via the existing road for the purposes of inspection, 152.21 maintenance, repair, or reconstruction. The state shall not be 152.22 held liable to make any immediate repairs on the dam. Such work 152.23 shall be based on availability of dam maintenance funds. The 152.24 land in this section is not needed for resource management and 152.25 has been declared surplus. It best serves the public interest 152.26 if this property is sold and proceeds used for acquisition of 152.27 other land. 152.28 Sec. 147. [HORSESHOE BAY LEASES.] 152.29 Subdivision 1. [DEFINITIONS.] (a) "Lessee" means a lessee 152.30 of lands leased under Minnesota Statutes, section 92.46, that 152.31 are located in Section 16, Township 62 North, Range 4 East, Cook 152.32 county, of record with the commissioner of natural resources as 152.33 of May 14, 1993. 152.34 (b) "New lease" means a lease issued after the effective 152.35 date of this act under the terms and conditions specified in 152.36 Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3, 153.1 except that the lease may be for a life term and is not 153.2 assignable or transferable and may not be amended to include 153.3 additional lessees. 153.4 Subd. 2. [OPTIONS FOR LESSEES.] (a) If requested in 153.5 writing by a lessee before January 1, 1998, the commissioner 153.6 shall, at the lessee's option: 153.7 (1) pay to the lessee the appraised value of the lessee's 153.8 improvements on the land and terminate the existing lease as of 153.9 the date of payment for improvements; or 153.10 (2) issue a new lease for the life of the lessee that 153.11 provides that when the lease term expires, the commissioner 153.12 shall pay to the lessee or a beneficiary that must be designated 153.13 in writing by the lessee the appraised value of the lessee's 153.14 improvements on the land. A lessee who elects this option may 153.15 elect to terminate the lease at any time during the term of the 153.16 lease in exchange for payment by the commissioner for the 153.17 appraised value of the lessee's improvements on the land. 153.18 (b) If the commissioner has not received written notice of 153.19 a lessee's election by January 1, 1998, the commissioner may 153.20 proceed under paragraph (a), clause (1). 153.21 (c) After the effective date of this section, no lessee 153.22 under paragraph (a), clause (2), shall construct or 153.23 substantially renovate a cabin or other structure during the 153.24 lease. 153.25 (d) The commissioner may use money appropriated from the 153.26 land acquisition account under Minnesota Statutes, section 153.27 94.165, for payments under paragraph (a). 153.28 (e) Notwithstanding Minnesota Statutes, section 92.46, 153.29 subdivision 1a, the commissioner may elect whether to amend the 153.30 leases in paragraph (a) to expand lot size to conform with 153.31 current shoreline standards. 153.32 Sec. 148. [PRIVATE SALE OF STATE LAND IN CLEARWATER 153.33 COUNTY.] 153.34 (a) Notwithstanding Minnesota Statutes, sections 92.45; 153.35 97A.135, subdivision 2a; and 282.01, subdivision 2; and the 153.36 public sale provisions of Minnesota Statutes, chapter 94, the 154.1 commissioner of natural resources may sell the land described in 154.2 paragraph (c) to the adjoining landowner for $1,000. 154.3 (b) The conveyance must be in a form approved by the 154.4 attorney general and must provide that: 154.5 (1) the land may not be sold for commercial use or be 154.6 developed into more than a two-family residence; and 154.7 (2) placement or construction of additional buildings or 154.8 structures on the land, including corrals and animal shelters or 154.9 pens, is prohibited. 154.10 (c) The land that may be sold is located in Clearwater 154.11 county and is described as follows: 154.12 That part of Government Lot 6, Section 18 Township 143 154.13 North, Range 37 West, Clearwater County, Minnesota, described as 154.14 follows: 154.15 Beginning at the northeast corner of Lot 1 Block 1 of 154.16 HIGHLAND VIEW, on file and of record in the office of the County 154.17 Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped 154.18 MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line 154.19 of said Lot 1 bears, assumed bearing, North 88 degrees 57 154.20 minutes 39 seconds West; thence North 80 degrees 50 minutes 33 154.21 seconds West 275.16 feet to a DNR MON; thence North 85 degrees 154.22 25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South 154.23 50 degrees 06 minutes 54 seconds West 68.17 feet to the north 154.24 line of said Lot 1 and a DNR MON; thence South 88 degrees 57 154.25 minutes 39 seconds East along the north line of said Lot 1 a 154.26 distance of 417.62 feet to the point of beginning, containing 154.27 0.23 acres. 154.28 (d) The sale authorized by this section would resolve an 154.29 inadvertent trespass consisting of the encroachment of a private 154.30 dwelling on state land. 154.31 (e) The sale authorized by this section is subject to the 154.32 following additional conditions: 154.33 (1) the costs of construction and maintenance of a boundary 154.34 fence are the sole responsibility of the purchaser; and 154.35 (2) the adjoining landowner shall reimburse the department 154.36 of natural resources for the cost of surveying the land and for 155.1 time spent by department staff relating to this land trespass 155.2 matter. 155.3 Sec. 149. [RULES.] 155.4 The pollution control agency may adopt rules incorporating 155.5 the amendments to Minnesota Statutes, section 116.07, made in 155.6 section 109 of this act under the good cause exemption in 155.7 Minnesota Statutes, section 14.388. 155.8 Sec. 150. [REPEALER.] 155.9 (a) Minnesota Statutes 1996, sections 18C.541, subdivision 155.10 6; 25.34; 115A.908, subdivision 3; 115B.223; 115B.224; 116.991; 155.11 116.992; and 296.02, subdivision 7a, are repealed. 155.12 (b) Laws 1995, chapter 220, section 21, is repealed. 155.13 Sec. 151. [EFFECTIVE DATE.] 155.14 Sections 33, 132, and 133 are effective on July 1, 1998. 155.15 Sections 15, 72, and 141 to 148 are effective the day following 155.16 final enactment. 155.17 Sections 25 and 83 are effective March 1, 1998.