Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 254-S.F.No. 1533
An act relating to the organization and operation of
state government; appropriating money for
environmental, natural resources, and agricultural
purposes; regulating the amounts, impositions, and
processing of various fees prescribed for various
licenses issued and activities regulated by the
departments of agriculture and natural resources;
amending Minnesota Statutes 1990, sections 14.18;
16A.123, subdivision 5; 18.191; 18.46, subdivisions 6,
9, and by adding a subdivision; 18.49, subdivision 2;
18.51; 18.52, subdivisions 1 and 5; 18.54, subdivision
2; 18.55; 18.56; 18.57; 18.60; 27.19, subdivision 1;
28A.08; 29.22; 31.39; 32.394, subdivisions 8, 8b, and
by adding a subdivision; 41A.09, subdivision 3;
84.0855; 84.82, subdivisions 2 and 3; 84.944,
subdivision 2; 84.96, subdivision 5; 85.015, by adding
a subdivision; 85.053, subdivision 5; 85.055,
subdivision 1; 85.22, subdivisions 1 and 2a; 86B.415,
subdivision 7; 92.67, subdivision 1; 97A.075,
subdivision 2; 97A.015, subdivision 53; 97A.141, by
adding a subdivision; 97A.325, subdivision 2; 97A.431,
subdivision 2; 97A.435, subdivision 2; 97A.475,
subdivisions 2, 3, and 7; 97A.485, subdivision 7;
97B.601, subdivision 4; 97B.721; 103B.321, subdivision
1; 116.07, subdivision 4d; 116P.05; 116P.06; 116P.07;
116P.08, subdivisions 3 and 4; 116P.09, subdivisions
2, 4, and 7; and Laws 1987, chapter 396, article 6,
section 2; proposing coding for new law in Minnesota
Statutes, chapters 17; 84; 88; 137; and 325F;
repealing Minnesota Statutes 1990, section 116.06.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. [ENVIRONMENT AND NATURAL RESOURCES;
APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1991," "1992," and "1993," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1991, June 30, 1992, or
June 30, 1993, respectively.
SUMMARY BY FUND
1992 1993 TOTAL
General $143,129,500 $139,929,500 $283,059,000
Environmental 17,740,000 19,687,000 37,427,000
Metro Landfill
Contingency Trust 1,663,000 797,000 2,460,000
Special Revenue 1,040,000 1,040,000 2,080,000
Natural Resources 18,612,000 17,334,000 35,946,000
Game and Fish 49,609,000 50,733,000 100,342,000
Permanent School
Trust 565,000 635,000 1,200,000
Minnesota Resources 16,534,000 -0- 16,534,000
Environmental Trust 14,960,000 -0- 14,960,000
Oil Overcharge 3,500,000 -0- 3,500,000
TOTAL 267,352,500 230,155,500 497,508,000
APPROPRIATIONS
Available for the Year
Ending June 30
1992 1993
Sec. 2. POLLUTION CONTROL
AGENCY
Subdivision 1. Total
Appropriation 30,884,000 30,013,000
1992 1993
Approved Complement - 700 685
General - 185 160
Environmental - 205 215
Federal - 235 235
Metro Landfill
Contingency - 2 2
Special Revenue - 73 73
Summary by Fund
General 11,603,000 9,651,000
Environmental 16,763,000 18,710,000
Metro Landfill
Contingency 1,663,000 797,000
Special Revenue 855,000 855,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Water Pollution Control
7,162,000 5,588,000
Summary by Fund
General 5,275,000 3,633,000
Environmental 1,887,000 1,955,000
$1,280,000 the first year is for grants
to local units of government for the
clean water partnership program. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium.
$100,000 the first year is for grants
to municipalities who have experienced
catastrophic failure of wastewater
treatment facilities resulting from
unstable geological formations and
which required immediate action to
avoid impacts to drinking water
supplies.
$250,000 the first year is for a grant
to the Western Lake Superior Sanitary
Sewer District for the payment of debt
service.
Subd. 3. Air Pollution Control
4,626,000 5,866,000
Summary by Fund
General 454,000 -0-
Environmental 3,317,000 5,011,000
Special Revenue 855,000 855,000
Subd. 4. Groundwater and Solid Waste
Pollution Control
10,038,000 9,366,000
Summary by Fund
General 2,124,000 2,313,000
Environmental 6,259,000 6,264,000
Metro Landfill
Contingency 1,655,000 789,000
All money in the environmental
response, compensation, and compliance
account in the environmental fund not
otherwise appropriated is appropriated
to the commissioner of finance for
transfer to the pollution control
agency and the commissioner of
agriculture for purposes of Minnesota
Statutes, section 115B.20, subdivision
2, clauses (1), (2), (3), (4), (11),
(12), and (13). This appropriation is
available until June 30, 1993.
$1,000,000 the first year and
$1,000,000 the second year are
appropriated from the motor vehicle
transfer account for transfer to the
environmental response, compensation,
and compliance account in the
environmental fund.
All money in the metropolitan landfill
abatement account in the environmental
fund not otherwise appropriated is
appropriated to the pollution control
agency for payment to the metropolitan
council and may be used by the council
for the purposes of Minnesota Statutes,
section 473.844. The council shall
report to the legislative commission on
waste management its budget and work
program for spending this appropriation.
Any unencumbered balance from the
metropolitan landfill contingency
action trust fund remaining in the
first year does not cancel but is
available for the second year.
$92,000 the first year and $127,000 the
second year is for a grant to the
department of administration for
assistance in funding a central
materials recovery facility. Any
unencumbered balance at the end of the
first year does not cancel and is
available for the second year.
Subd. 5. Hazardous Waste Pollution
Control
4,993,000 5,095,000
Summary by Fund
General 1,786,000 1,782,000
Environmental 3,207,000 3,313,000
Subd. 6. Regional Support
Environmental
52,000 52,000
The commissioner shall prepare a study
on regionalization for presentation to
the chairs of the house and senate
committees on governmental operations,
the house appropriations committee and
the senate finance committee by January
15, 1992. The study shall identify
options and costs associated with
relocating specific agency functions to
locations other than the agency's
central office. The report shall
identify the specific functions that
would be relocated, the rationale used
for selecting these specific functions
for relocation, the geographic areas of
the state that would receive these
functions, the numbers of personnel
involved in the relocation, the impact
on service to the public of the
proposed relocations, an implementation
strategy for the proposed plan and the
costs associated with the
regionalization of these functions in
comparison to the savings, if any,
accrued from the relocation.
Subd. 7. General Support
5,250,000 5,343,000
Summary by Fund
General 2,104,000 2,123,000
Environmental 2,041,000 2,115,000
Metro Landfill
Contingency 8,000 8,000
Subd. 8. General Reduction
(140,000) (200,000)
Sec. 3. OFFICE OF WASTE MANAGEMENT 20,783,000 20,525,000
1992 1993
Approved Complement - 53 53
General - 49 49
Environmental - 3 3
Federal - 1 1
Summary by Fund
General 19,936,000 19,678,000
Environmental 847,000 847,000
$14,008,000 the first year and
$14,008,000 the second year are for
SCORE block grants to counties.
$250,000 the first year is to develop
markets for mixed municipal solid waste
compost and to improve model operations
at existing mixed municipal solid waste
composting facilities that will improve
the marketability of the compose
product. This appropriation is
available only as matched by an equal
amount of private money. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium.
The director, in cooperation with the
pollution control agency and the
legislative commission on waste
management shall study mechanisms for
assessing the costs of waste disposal
to the source of particular types of
waste based on the impact that the
particular waste has on the waste
stream and the environment. The study
should develop recommendations for a
fee structure and identify the costs
associated with implementing a fee
structure for disposal based on the
type of waste being disposed. A report
shall be submitted to the legislative
commission on waste management for
consideration by January 1992.
Sec. 4. ZOOLOGICAL BOARD 8,971,000 8,826,000
1992 1993
Approved Complement - 159 159
General - 141 141
Special Revenue - 15 15
Gift - 3 3
$125,000 in the first year is for major
maintenance. In addition, any revenue
received from the proposed bird
amphitheater admissions sales during
fiscal year 1993, beyond the first
$400,000 in revenue from this
particular revenue source is available
for use by the board for major
maintenance until expended.
Sec. 5. NATURAL RESOURCES
Subdivision 1. Total
Appropriation 147,088,000 146,384,000
1992 1993
Agency Approved -
Full-Time Equivalency 2,721 2,721
Summary by Fund
General 78,302,000 77,682,000
Game and Fish 49,609,000 50,733,000
Natural Resources 18,612,000 17,334,000
Permanent School 565,000 635,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Of the total amount appropriated to the
commissioner by this act, no more than
$99,500,000 the first year and
$99,000,000 the second year may be used
for salary related expenses unless
adjusted in accordance with the
provisions of Minnesota Statutes,
section 16A.123, subdivision 5.
Subd. 2. Mineral Resources Management
5,295,000 5,272,000
$325,000 the first year and $325,000
the second year are for iron ore
cooperative research, of which $200,000
the first year and $200,000 the second
year are available only as matched by
$1 of nonstate money for each $1 of
state money. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
$844,000 the first year and $826,000
the second year are for mineral
diversification. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year. The commissioner is
authorized one position in the
unclassified service for minerals
diversification.
Subd. 3. Water Resources Management
8,641,000 7,965,000
Summary by Fund
General 8,544,000 7,866,000
Natural Resources 97,000 99,000
$1,107,000 the first year and
$1,106,000 the second year are
available for shoreland management
grants to include $85,000 each year of
the biennium for a grant to the North
Shore Management Board. Pursuant to
existing law and department rules, the
metropolitan area shall be considered
in distribution of these funds. The
unencumbered balance at the end of the
first year does not cancel and is
available for the second year.
$75,000 the first year and $75,000 the
second year is to conduct the stream
maintenance program under Minnesota
Statutes, section 103G.701. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium.
$10,000 the first year is available for
stream stabilization on the Snake
River. * (The preceding sentence
beginning "$10,000" was vetoed by the
governor.)
$135,000 of this appropriation in the
first year is from the general fund for
a loan to the city of Fridley for the
purpose of reconstructing the Locke
Lake dam pursuant to Minnesota
Statutes, section 103G.511, subdivision
10. Notwithstanding Minnesota
Statutes, section 103G.511, subdivision
10, clause (e), principal and interest
payments received by the commissioner
of finance in repayment of the loan
shall be deposited in the general fund.
$150,000 of this appropriation is for a
grant to the city of Fridley for the
purpose of reconstructing the Locke
Lake dam.
Subd. 4. Forest Management
23,155,000 23,311,000
$750,000 the first year and $750,000
the second year are for emergency fire
fighting. Of this amount, $500,000 the
first year and $550,000 the second year
are for presuppression costs of
emergency fire fighting and are not
subject to transfer. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it. If
these appropriations are insufficient
to cover all costs of suppression, the
amount necessary to pay for emergency
firefighting expenses during the
biennium is appropriated from the
general fund.
$343,000 the first year and $343,000
the second year are for grants to the
University of Minnesota College of
Natural Resources. $147,000 of this
amount each year is for hybrid aspen
and hybrid larch research and
development at the North Central
Experiment Station at Grand Rapids.
$196,000 of this amount each year is
for the paper science and recycling
program.
$120,000 the first year and $120,000
the second year from the general fund
under Minnesota Statutes, section
89.04, are for grants to the board of
water and soil resources for
cost-sharing with landowners in the
state forest improvement program. This
appropriation is not subject to any
budget reductions made in the agency.
$385,000 from the forest nursery
account in the special revenue fund may
be spent for necessary construction at
Badoura nursery.
$25,000 the first year and $25,000 the
second year are for county forest
management grants. * (The preceding
sentence beginning "$25,000" was vetoed
by the governor.)
Subd. 5. Parks and Recreation
Management
19,840,000 19,802,000
Summary by Fund
General 19,256,000 19,213,000
Natural Resources 584,000 589,000
$584,000 the first year and $589,000
the second year are from the water
recreation account in the natural
resources fund for state park
development projects. If the
appropriation in either year is
insufficient, the appropriation for the
other year is available for it.
As cash flow permits, $800,000 the
first year and $350,000 the second year
are transferred from the state parks
working capital account in the special
revenue fund to the general fund and
are appropriated for state park
resource management and interpretive
programs. No money shall be spent on
the resource management or interpretive
programs until all expenses
attributable to the revenue producing
program have been covered.
The commissioner shall operate pumping
facilities at Hill Annex Mine state
park sufficient to maintain a water
level not to exceed the height of the
area known as "pocket A" for the
duration of the biennium to assess the
pumping and operational costs
associated with maintaining this water
level. The commissioner shall report
the projected pumping and operational
costs of maintaining this level to the
legislature no later than January 1,
1993.
$60,000 and three full-time equivalent
positions the first year and $60,000
and three full-time equivalent
positions the second year are for an
increase in the state park planning
effort.
Subd. 6. Trails and Waterways
10,993,000 11,095,000
Summary by Fund
General 1,229,000 1,227,000
Game and Fish 750,000 770,000
Natural Resources 9,014,000 9,098,000
$2,248,000 the first year and
$2,248,000 the second year are from the
snowmobile trails and enforcement
account in the natural resources fund
for snowmobile grants-in-aid.
$250,000 the first year and $250,000
the second year are from the water
recreation account in the natural
resources fund for a safe harbor
program on Lake Superior. Any
unencumbered balance at the end of the
first year does not cancel and is
available for the second year.
The commissioner shall submit
recommendations to the legislature
before January 1, 1992, concerning the
snowmobile account, its continuing
viability, and the grants made to local
governments from the snowmobile account
for grants-in-aid trail operations and
maintenance equipment. The
recommendations should address, at a
minimum, ways to ensure funding for
trail-grooming equipment and the
appropriateness of the present formula
dedicating a share of the unrefunded
gas tax to the snowmobile account.
Subd. 7. Fish and Wildlife Management
35,653,000 36,323,000
Summary by Fund
General 2,770,000 2,763,000
Game and Fish 31,078,000 31,707,000
Natural Resources 1,805,000 1,853,000
$874,000 in the first year and $874,000
the second year are appropriated from
the game and fish fund for payments to
counties in lieu of taxes on acquired
wildlife lands and is not subject to
transfer.
$1,367,000 the first year and
$1,404,000 the second year are from the
nongame wildlife management account in
the natural resources fund for the
purpose of nongame wildlife
management. Any unencumbered balance
remaining in the first year does not
cancel but is available the second
year. The commissioner of natural
resources shall submit to the
legislature by January 15, 1992, a
budget request to spend any excess
receipts from the nongame checkoff.
$130,000 the first year and $130,000
the second year are for deer and bear
management to include emergency deer
feeding. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available.
$175,000 and three full-time equivalent
positions each year is from the game
and fish fund for an additional deer
habitat improvement program and shall
not be considered as part of the budget
base for the 1994-1995 biennium.
$100,000 the first year and $100,000
the second year are from the game and
fish fund for special hunt
opportunities.
$50,000 the first year and $50,000 the
second year are from the game and fish
fund to coordinate the North American
waterfowl management plan.
$100,000 the first year and $100,000
the second year are from the game and
fish fund for accelerated wild turkey
management.
$200,000 the first year and $200,000
the second year are from the game and
fish fund for lake and stream
management.
$50,000 the first year and $50,000 the
second year are from the game and fish
fund for an accelerated wildlife lakes
survey.
$120,000 the first year is from the
game and fish fund for the Heron Lake
and Swan Lake projects. Any
unencumbered balance remaining in the
first year does not cancel and is
available for the second year of the
biennium.
$140,000 each year is appropriated from
the game and fish fund for the aquatic
education program. One-half of the
funds expended must be in the
seven-county metropolitan area.
$1,651,000 the first year and
$1,644,000 the second year are for the
reinvest in Minnesota programs of game
and fish, critical habitat, and
wetlands, established under Minnesota
Statutes, section 84.95, subdivision
2. Any unencumbered balance for the
first year does not cancel but is
available for use the second year.
The commissioner, in cooperation with
the commissioner of agriculture shall
study and make recommendations to the
legislature by January 1, 1993, for a
program for providing assistance to
farmers for crop damage caused by wild
animals.
The commissioner may not allow a
shooting range to be constructed at the
Carlos Avery Wildlife Management area
unless a proposal is submitted to the
legislature for approval.
Subd. 8. Enforcement
14,349,000 14,616,000
Summary by Fund
General 2,226,000 2,220,000
Game and Fish 9,556,000 9,800,000
Natural Resources 2,567,000 2,596,000
$1,125,000 the first year and
$1,125,000 the second year are from the
water recreation account in the natural
resources fund for grants to counties
for boat and water safety.
The commissioner shall evaluate the
number of metropolitan conservation
officer stations in relation to the
population and need in the metropolitan
area and make recommendations to the
legislature for appropriate
readjustment of assignments by January
1, 1992.
Subd. 9. Field Operations Support
12,136,000 10,863,000
Summary by Fund
General 5,145,000 5,168,000
Game and Fish 4,511,000 4,636,000
Natural Resources 1,915,000 424,000
Permanent School 565,000 635,000
$565,000 the first year and $667,000
the second year are for land sale costs
under Minnesota Statutes, section
92.67, subdivision 3. Any unencumbered
balance remaining in the first year
does not cancel and is available for
the second year.
Any unencumbered balance remaining in
the appropriation under Minnesota
Statutes, section 92.46, subdivision 1,
paragraph (d), in the first year does
not cancel and is available for the
second year.
$1,500,000 for the biennium is from the
land acquisition account in the natural
resources fund and is for acquisition
costs associated with Tettegouche state
park, Glendalough state park, and other
state park in-holdings. This
appropriation is available in either
year of the biennium.
Subd. 10. Regional Operations Support
5,121,000 5,136,000
Summary by Fund
General 3,984,000 3,969,000
Game and Fish 888,000 913,000
Natural Resources 249,000 254,000
Subd. 11. Special Services and
Programs
5,853,000 5,881,000
Summary by Fund
General 4,558,000 4,559,000
Game and Fish 482,000 494,000
Natural Resources 813,000 828,000
$103,000 the first year and $103,000
the second year are for a grant to the
Mississippi headwaters board for up to
50 percent of the cost of implementing
the comprehensive plan for the upper
Mississippi within areas under its
jurisdiction.
$17,000 the first year and $17,000 the
second year are for payment to the
Leech Lake Band of Chippewa Indians to
implement their portion of the
comprehensive plan for the upper
Mississippi.
Notwithstanding any other law to the
contrary, any reductions in the
department of natural resources' agency
operating budget or reductions in
agency program efforts prompted by
specific legislative action or economic
conditions during the biennium shall
not be applied against the budget for
the Minnesota Conservation Corps.
Should the need arise, the commissioner
shall reallocate resources within the
department to ensure that the corps is
maintained at no less than the same
level of effort as accomplished during
the 1990-1991 biennium.
The commissioner of the department of
natural resources shall have the
authority to contract with and make
grants to nonprofit agencies to carry
out the purposes, plans, and programs
of the office of youth programs,
Minnesota conservation corps.
Subd. 12. Administrative Management
Services
6,552,000 6,640,000
Summary by Fund
General 2,640,000 2,634,000
Game and Fish 2,344,000 2,413,000
Natural Resources 1,568,000 1,593,000
The commissioners of natural resources,
public safety, and employee relations
shall assess the effectiveness of the
critical stress debriefing unit and the
appropriateness of its current
organizational placement. They shall
report their findings and
recommendations to the legislature by
February 15, 1992.
Subd. 13. General Reduction
($500,000) ($520,000)
Sec. 6. BOARD OF WATER AND
SOIL RESOURCES 8,076,000 8,020,000
1992 1993
Approved Complement - 36 36
General - 34 34
Federal - 2 2
$10,000 the first year and $10,000 the
second year are for the International
Water Coalition.
$849,000 the first year and $849,000
the second year are for general purpose
grants to soil and water conservation
districts, including conservation
tillage and review and comment on water
permits. Upon approval of the board,
expenditures may be made from these
appropriations for supplies and
services benefiting soil and water
conservation districts.
$1,461,000 the first year and
$1,461,000 the second year are for
grants to soil and water conservation
districts for cost-sharing contracts
for erosion control and water quality
management. This appropriation is
available until expended.
$159,000 the first year and $159,000
the second year are for grants-in-aid
to soil and water conservation
districts and local units of government
to assist them in solving sediment and
erosion control problems. Grants must
not exceed 50 percent of total project
costs or 50 percent of the local share
if federal money is used. Priority
must be given to projects designed to
solve lakeshore, stream bank, and
roadside erosion and to projects
eligible for federal matching money.
$189,000 the first year and $189,000
the second year are for grants to
watershed districts and other local
units of government in the southern
Minnesota river basin study area 2 for
flood plain management.
$900,000 the first year and $900,000
the second year are for technical
services and implementation of the
conservation reserve program. Of this
appropriation, $750,000 the first year
and $750,000 the second year must be
distributed to soil and water
conservation districts.
$2,435,000 the first year and
$2,535,000 the second year are for
comprehensive local water planning.
$200,000 the first year is for a pilot
project for a statewide abandoned well
inventory. The board shall select
counties for inclusion in this pilot
that are representative of geographic,
hydrological, geologic, and demographic
areas of the state. The pilot will
include an effort to identify the
locations of abandoned wells in the
selected counties and an analysis of
the costs and an evaluation of the need
for a statewide inventory of abandoned
wells. The board shall submit a report
to the legislature with its findings
and recommendations by December 1, 1992.
Any unencumbered balance at the end of
the first year does not cancel and is
available for the second year.
Any unencumbered balance in the board's
program of grants to soil and water
conservation districts and counties
does not cancel at the end of the first
year and is available for the second
year for the same grant program.
Sec. 7. AGRICULTURE
Subdivision 1. Total
Appropriation $13,023,000 $12,855,000
1992 1993
Approved Complement - 537 537
General - 218 218
Environmental - 2 2
Special/Revolving - 293 293
Federal - 24 24
Summary by Fund
General 12,708,000 12,540,000
Environmental 130,000 130,000
Special Revenue 185,000 185,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Protection Service
5,264,000 5,254,000
Summary by Fund
General 5,134,000 5,124,000
Environmental 130,000 130,000
$130,000 the first year and $130,000
the second year are from the
environmental response, compensation,
and compliance account in the
environmental fund.
Subd. 3. Promotion and Marketing
753,000 750,000
$75,000 the first year and $75,000 the
second year are for transfer to the
Minnesota grown matching account which
may be used as grants for Minnesota
grown promotion.
Subd. 4. Family Farm Services
1,318,000 1,318,000
$629,000 the first year and $629,000
the second year are for family farm
security interest payment adjustments.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it. During
the biennium, such sums that are not
needed for interest payment adjustments
are available for farm crisis
assistance. No new loans may be
approved in fiscal year 1992 or 1993.
$200,000 the first year and $200,000
the second year are appropriated to the
commissioner to manage the existing
family farm advocacy program. The
commissioner shall target these funds
to areas of the state with the greatest
amount of farm stress.
$150,000 the first year and $150,000
the second year are for agriculture
information centers and is only
available on a dollar for dollar
nonstate match. The funds may be
released at the rate of one dollar for
each dollar of matching nonstate money
that is raised. The commissioner may
credit in-kind contributions from
nonstate sources for up to one-half of
the required nonstate match. This
appropriation shall be used to target
the areas of the state with the
greatest amount of farm stress and
shall not be a part of the 1994-1995
biennial budget base.
$100,000 the first year and $100,000
the second year are for supplemental
grant funding to the commissioner for
farm and small business management
programs through the technical college
system. The commissioner is authorized
to make a supplemental grant or grants
to the board of technical colleges for
the instructional materials,
instructional staff, support staff, and
tuition assistance costs associated
with this program not to exceed the
amount of supplemental funding made
available. Any supplemental grants
that may be made to this program shall
not be considered as part of the
1994-1995 budget base for the technical
college system or the department of
agriculture. * (The preceding paragraph
beginning "$100,000" was vetoed by the
governor.)
Subd. 5. Administrative Support
and Grants
5,688,000 5,533,000
Summary by Fund
General 5,503,000 5,348,000
Special Revenue 185,000 185,000
$185,000 the first year and $185,000
the second year are from the
commodities research and promotion
account in the special revenue fund.
$80,000 the first year and $80,000 the
second year are for grants to farmers
for demonstration projects involving
sustainable agriculture. If a project
cost is more than $25,000, the amount
above $25,000 must be cost-shared at a
state-applicant ratio of one to one.
Priorities must be given for projects
involving multiple parties. Up to
$20,000 each year may be used for
dissemination of information about the
demonstration grant projects. If the
appropriation for either year is
insufficient, the appropriation for the
other is available.
The unexpended balance appropriated for
grants to farmers for demonstration
projects involving sustainable
agriculture in Laws 1989, chapter 269,
section 7, subdivision 5, does not
cancel and is reappropriated to the
commissioner and added to other
appropriations for the biennium ending
June 30, 1993, to carry out such
demonstrations to be used in either
year of the biennium.
$70,000 the first year and $70,000 the
second year are for the Northern Crops
Institute. These appropriations may be
spent to purchase equipment and are
available until spent.
$40,000 the first year and $40,000 the
second year are for payment of claims
relating to livestock damaged by
endangered animal species. If the
appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$80,000 the first year and $80,000 the
second year are for the seaway port
authority of Duluth.
$10,000 the first year is for payment
of claims relating to agricultural
crops damaged by elk and is available
until June 30, 1993.
$19,000 the first year and $19,000 the
second year is for a grant to the
Minnesota livestock breeder's
association.
$100,000 the first year and $100,000
the second year are for a base
adjustment to grants to the state
agricultural society to be spent as
grants to county agricultural societies
for premiums for county fair
competitions in arts and crafts. This
appropriation must be included in the
1994-1995 biennial budget base.
$160,000 the first year is for farm
safety programs. $120,000 is for
payment to instructors in a youth farm
safety program and $40,000 is for a
farm safety audit pilot project. This
appropriation is available for either
year of the biennium. If any amount of
the appropriation for either program
remains unencumbered on September 1,
1992, it becomes available for the
other program.
Sec. 8. BOARD OF ANIMAL HEALTH 2,085,000 2,080,000
Approved Complement - 37 35
General - 36 34
Federal - 1 1
This appropriation includes $25,000 the
first year and $25,000 the second year
for payment of indemnities. If the
appropriation for indemnities for
either year is insufficient, the
appropriation for the other year is
available for it. Indemnities of less
than $1 must not be paid.
$150,000 the first year and $150,000
the second year are for an integrated
pseudorabies control and research
program. The board of animal health
must consult with the pseudorabies
advisory council about how this money
should be spent. The appropriation is
available only as matched, dollar for
dollar, by money from nonstate sources.
Sec. 9. MINNESOTA-WISCONSIN
BOUNDARY AREA COMMISSION 127,000 127,000
This appropriation is only available to
the extent it is matched by an equal
amount from the state of Wisconsin.
Sec. 10. CITIZENS COUNCIL ON
VOYAGEUR'S NATIONAL PARK 80,000 80,000
Sec. 11. SCIENCE MUSEUM
OF MINNESOTA 1,138,000 1,138,000
Upon completion of its national tour,
the Science Museum of Minnesota shall
donate free of charge the "Wolves and
Humans" exhibit to the International
Wolf Center for permanent housing. In
the event that the construction
necessary to display the exhibit at the
International Wolf Center is not
completed at the time that the tour
concludes, the Science Museum of
Minnesota shall provide space until the
International Wolf Center is prepared
to display the exhibit.
Sec. 12. MINNESOTA ACADEMY
OF SCIENCE 32,000 36,000
Sec. 13. MINNESOTA HORTICULTURAL
SOCIETY 71,500 71,500
$3,500 the first year and $3,500 the
second year are to increase the amount
of color used in printing the Minnesota
Horticulturist.
Sec. 14. MINNESOTA RESOURCES
Subdivision 1. Total
Appropriation 34,994,000
Summary by Fund
Minnesota Future Resources Fund
16,534,000
Minnesota Environment and Natural
Resources Trust Fund
14,960,000
Oil Overcharge Money in the Special
Revenue Fund
3,500,000
The appropriations in this section are
from the Minnesota future resources
fund, unless another fund is named.
The appropriations in this section are
available until June 30, 1993.
Subd. 2. Legislative Commission on
Minnesota Resources 850,000
For the biennium ending June 30, 1993,
the commission shall monitor the
programs in this section; assess the
status of the state's natural
resources; convene a state resource
congress; establish priorities for,
request, review, and recommend programs
for the 1993-1995 biennium from the
Minnesota future resources fund,
Minnesota environment and natural
resources trust fund, and oil
overcharge money, and for support of
the Citizen Advisory Committee
activities.
Subd. 3. Recreation
(a) Off-highway Vehicle
Recreation Area 75,000
This appropriation is to the
commissioner of natural resources to
conduct a study in cooperation with the
Minnesota 4-WD Association on the
feasibility of an off-highway vehicle
recreation area.
(b) Superior Hiking Trail 400,000
This appropriation is to the
commissioner of natural resources for
planning and administrative assistance
and a grant to the Superior Hiking
Trail Association for planning,
development, and limited use of
easement acquisition. The use of
conservation corps resources is
strongly encouraged. Up to $80,000 is
available to the commissioner for
planning and administrative
assistance. Available federal and
private money is appropriated.
(c) Local Rivers Planning 400,000
This appropriation is to the
commissioner of natural resources for
grants of up to two-thirds of the cost
to counties, or groups of counties
acting pursuant to joint powers
agreement, to develop comprehensive
plans for the management and protection
of up to eight rivers in northern and
central Minnesota. The commissioner of
natural resources shall include in the
work plan for review and approval by
the legislative commission on Minnesota
resources a proposed list of rivers and
a planning process developed by
consensus of the affected counties.
All plans must meet or exceed the
requirements of state shoreland and
floodplain laws.
(d) Access to Lakes and Rivers 1,000,000
This appropriation is to the
commissioner of natural resources to
provide boat access to major recreation
lakes and rivers and to construct
fishing piers in accordance with
established priorities, inventory, map,
and construct shore access sites in the
metropolitan area.
(e) Land and Water Resource Management,
Lower St. Croix Riverway 360,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources for a
grant to the Minnesota-Wisconsin
Boundary Area Commission to develop a
management strategy, improved technical
capability, and sustained local
government and landowner stewardship on
the jointly managed lower St. Croix.
(f) Mississippi River Valley
Blufflands Initiative 150,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources to
assist local units of government to
develop the tools necessary to protect
the outstanding scenic and biological
resources of the blufflands of the
Mississippi Valley in Goodhue, Wabasha,
Winona, and Houston counties.
(g) Reclamation of Recreation Systems
and Environmental Resources 200,000
This appropriation is to the University
of Minnesota, College of Architecture
and Landscape Architecture, to
investigate urban design strategies for
enhancing recreational amenities in
suburban areas. The investigation
shall be done in cooperation with the
metropolitan council. The legislative
commission on Minnesota resources may
convene a steering committee to ensure
coordination and practical results.
(h) Preservation of Historic
Shipwrecks, Lake Superior 100,000
$80,000 is to the Minnesota historical
society to investigate the historic
significance of shipwrecks on the North
Shore of Lake Superior in accordance
with priorities for placement on the
National Register of Historic Places;
to develop preservation plans to
implement the federal Abandoned
Shipwrecks Act; and to conduct a survey
of the underwater resources in the
vicinity of Split Rock Lighthouse.
$20,000 is to the commissioner of
natural resources to develop facilities
at Split Rock Lighthouse State Park for
diver access.
(i) Land and Water Conservation
Fund Administration 84,000
This appropriation is to the
commissioner of natural resources for
administration of the federal land and
water conservation program and other
grant administration activities
assigned to the commissioner in this
section.
(j) Historic Records Database -
Final Phase 180,000
This appropriation is to the Minnesota
historical society to automate and make
widely accessible the society's
collections.
(k) Fur Trade Research and Planning 250,000
This appropriation is to the Minnesota
historical society to plan and design
the visitor center at the Northwest
Company Fur Post Historic Site, and for
site improvements at that site. No
more than $100,000 may be spent for
site improvements.
(l) Mystery Cave Resource
Evaluation 150,000
This appropriation is to the
commissioner of natural resources to
perform a resource inventory and study
of Mystery Cave to include groundwater,
cave meteorology, geology, and biology
as part of the park plan.
(c) Rails-to-Trails Acquisition and
Development 1,000,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources for
acquisition and development of trails
in accordance with established
priorities.
Subd. 4. Water
(a) Stream and Watershed
Information System 200,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of state planning to
develop an integrated system of
information relating to streams,
watersheds, and retrieval and analysis
tools.
(b) South Central Minnesota Surface
Water Resource Atlases and Data Base 300,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources for a
grant to Mankato State University for
development of surface hydrology
atlases and data base in both hard and
electronic format for the 13 counties
of south central Minnesota.
(c) Minnesota River Basin Water
Quality Monitoring 700,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of the pollution control
agency. This is the final two years of
a multiagency four-year effort to
identify the sources of nonpoint
pollution threatening the water quality
and uses of the Minnesota River. The
results will be used to direct state
and local implementation programs.
Federal matching money is appropriated.
(d) Waterwatch - Citizen Monitoring
and Protection Program 272,000
This appropriation is to the
commissioner of the pollution control
agency to encourage and coordinate
citizen and student volunteer
monitoring of water quality and
biological indicators for Minnesota's
lakes and streams.
(e) Bioremedial Technology for
Groundwater 96,000
This appropriation is to the University
of Minnesota, Department of Civil and
Mineral Engineering, for a pilot
demonstration of technology for in situ
biodegradation of organic pollutants in
groundwater.
(f) County Geologic Atlas and
Groundwater Sensitivity Mapping 1,400,000
$800,000 is from the Minnesota
environment and natural resources trust
fund to the University of Minnesota,
Minnesota Geologic Survey, to expand
production of county geologic atlases
and create a new atlas services office.
$600,000 is from the Minnesota
environment and natural resources trust
fund to the commissioner of natural
resources for groundwater sensitivity
mapping.
(g) Aquifer Analyses in southeast
Minnesota 73,000
This appropriation is to the
commissioner of natural resources for a
grant to Winona State University to
perform aquifer tests in southeast
Minnesota in order to determine aquifer
characteristics, surface-subsurface
groundwater interaction, and aquifer
interaction.
(h) Clean Water Partnership Grants
to Local Units of Government 700,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of the pollution control
agency for Clean Water Partnership
grants under Minnesota Statutes,
section 115.096. In addition to the
required work program, grants may not
be approved until grant proposals have
been submitted to the legislative
commission on Minnesota resources and
the commission has either made a
recommendation or allowed 30 days to
pass without making a recommendation.
(i) Cannon River Watershed Grants 60,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the board of
water and soil resources to provide
research and demonstration grants to
counties consistent with the
comprehensive local water management
program under Minnesota Statutes,
chapter 110B, as part of the Cannon
River watershed protection program.
(j) Mitigating Mercury in Northeast
Minnesota Lakes 300,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of the pollution control
agency to investigate how to mitigate
the damage caused by the presence of
mercury in northeast Minnesota lakes.
(k) Development and Application of
Aeration Technologies 148,000
This appropriation is to the University
of Minnesota, St. Anthony Falls
Hydraulic Laboratory, to study how to
optimize membrane aeration and the
hydraulic design of bypass type aerator
systems.
(l) Lake Superior Initiative - Institute
for Research 400,000
This appropriation is to the University
of Minnesota, Graduate School, to
establish an institute for Lake
Superior Research that would develop a
strong multifaceted research effort.
(m) Lake Mille Lacs Public Land
Use Plan 20,000
This appropriation is to the
commissioner of natural resources to
plan for shoreline management of
publicly-owned lands around Lake Mille
Lacs.
(n) Ecological Evaluation of
Year-Round Aeration 100,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources to
collect baseline data on aerated and
nonaerated lakes and determine
ecological impacts of aeration.
(o) Erosion Control Cost-Sharing 250,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the board of
water and soil resources to share in
the cost of conservation practices to
control soil erosion and protect water
quality, including water quality
practices that divert water from
sinkholes, under Minnesota Statutes,
section 103C.501.
(p) Well Sealing Cost-Share Grants 750,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the board of
water and soil resources to make grants
to counties for sharing the cost of
sealing wells under Minnesota Statutes,
section 103I.331.
Subd. 5. Education
(a) Environmental Education Program 790,000
$400,000 is from the Minnesota
environment and natural resources trust
fund to the commissioner of education
to develop and implement model K-12
environmental education curriculum
integration. This program will
incorporate ongoing models of other
deliverers of environmental education.
$30,000 is from the Minnesota
environment and natural resources trust
fund to the commissioner of education
for a grant to the Minnesota Community
Education Association to incorporate
environmental education into the
community education system.
$60,000 is from the Minnesota
environment and natural resources trust
fund to the commissioner of natural
resources to complete a long-term plan
for the development and coordination of
environmental learning centers.
$85,000 is from the Minnesota
environment and natural resources trust
fund to the commissioner of state
planning for a grant to the Audubon
Center of the Northwoods for an
assessment of environmental learning
center programs and services.
$215,000 is from the Minnesota
environment and natural resources trust
fund to the commissioner of state
planning to develop a statewide
environmental education plan. The
statewide plan will integrate the
plans, strategies, and policies of the
department of education, post-secondary
institutions, the department of natural
resources, and other deliverers of
environmental education.
(b) Teacher Training for Environmental
Education 5,000
This appropriation is to the
commissioner of education for a grant
to the St. Paul Chapter of the National
Audubon Society for scholarships for
the training of teachers in
environmental education integration.
(c) Video Education Research and
Demonstration Project 100,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of education for a grant
to Twin Cities Public Television to
develop a video education demonstration
project and a model for a statewide
video environmental education
communication network.
(d) Integrated Resource Management
Education and Training Program 300,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources to
provide training and internship
programs in natural resource management.
(e) Continuing Education in
Outdoor Recreation for Natural
Resource Managers 125,000
This appropriation is to the University
of Minnesota, Department of Forest
Resources, to develop and implement an
outdoor recreation short course for
natural resource planners and managers
with outdoor recreation
responsibilities.
(f) Environmental Exhibits
Collaborative 400,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the Science
Museum of Minnesota to establish a
statewide collaborative to share and
create traveling water-related exhibits
and programs for schools and family
groups at different sites.
(g) Upper Mississippi River
Environmental Education Center 600,000
This appropriation is to the
commissioner of natural resources for a
grant to the city of Winona to develop
detailed architectural designs
necessary to obtain federal
construction funding for an Upper
Mississippi River Environmental
Education Center. This appropriation
is contingent upon federal commitment
of at least $6,000,000 for construction
and for future operation and
maintenance.
(h) Urban Rangers Program 100,000
This appropriation is to the
commissioner of education for a grant
to the Minneapolis Park and Recreation
Board to develop an urban environmental
curriculum for elementary students and
families conducted at 44 city
recreation centers.
(i) Crosby Farm Park Nature Program 85,000
This appropriation is to the
commissioner of education for a grant
to the city of St. Paul to institute a
nature study program at Crosby Farm
Park to introduce inner city residents
and minorities to learning
opportunities concerning natural
resources and how to conserve and
protect those resources.
(j) Youth in Natural Resources 250,000
This appropriation is to the
commissioner of natural resources to
develop a career exploration program
for minority youths and to test their
vocational interests, skills, and
aptitudes.
(k) Environmental Education for
Handicapped 130,000
This appropriation is to the
commissioner of education for a grant
to Vinland National Center to develop a
program model in environmental
education, including education of
persons with disabilities, and to teach
the model to educators,
environmentalists, and the disability
community.
Subd. 6. Agriculture
(a) Biological Control of Pests 650,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of agriculture to collect
and identify potential biological
control agents, and to develop and test
biological control agents for a variety
of pests. A grant request to
supplement this appropriation must be
submitted to the U.S. Department of
Agriculture and the results reported to
the legislative commission on Minnesota
resources.
(b) Review Levels of Pesticides
at Spill Sites 300,000
This appropriation is to the
commissioner of agriculture for a
literature search and publication of
remediation technologies for pesticide
spills, laboratory research on the fate
of elevated levels of pesticides in
soil, and evaluation of bioremediation
techniques.
(c) Effective Nitrogen and Water
Management for Sensitive Areas 300,000
This appropriation is to the
commissioner of agriculture to provide
an integrated research information base
on risks of groundwater pollution
involved in nitrogen and water
management for crop production.
(d) Conservation Reserve Easements 600,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the board of
water and soil resources to acquire
perpetual easements on wetlands and to
acquire perpetual easements under
Minnesota Statutes, section 103F.515,
subdivision 3, with priority for
wetland areas, to enhance wildlife
habitat, control erosion, and improve
water quality.
(e) Native Grass and Wildflower Seed 130,000
This appropriation is to the
commissioner of agriculture in
cooperation with the commissioner of
natural resources to develop the
varietal, cultural, and market
information necessary to encourage
expanded commercial production of
Minnesota origin native wildflower and
grass seed.
(f) Community Gardening Program 110,000
This appropriation is to the University
of Minnesota, Minnesota Extension
Service, in cooperation with the
Minnesota State Horticultural Society
and the Self Reliance Center to provide
gardening information and technical
assistance in metropolitan and
nonmetropolitan areas.
Subd. 7. Forestry
(a) Minnesota Old-Growth Forests -
Character and Identification 150,000
This appropriation is to the
commissioner of natural resources to
develop quantitative, structural
definitions of Minnesota old-growth
forest types, examine the importance of
old growth as sensitive habitat, and
evaluate old-growth forest stands that
are identified as the department of
natural resources old-growth guidelines
are implemented.
(b) Nutrient Cycling and Tree
Species Suitability 220,000
This appropriation is to the University
of Minnesota, Department of Forest
Resources, to assess the role of
nutrient cycling and associated
management practices for sustainability
of Minnesota's forest resources under
scenarios of increased harvesting and
atmospheric change.
(c) State Forest Land Acquisition 500,000
This appropriation is to the
commissioner of natural resources to
acquire lands in the highest priority
purchase compartments in the R. J.
Dorer Memorial Hardwood State Forest.
(d) Regeneration and Management of
Minnesota's Oak Forests 225,000
This appropriation is to the University
of Minnesota, Minnesota Extension
Service, for research and education in
oak regeneration and management.
(e) Private Forest Management
for Oak Regeneration 200,000
This appropriation is to the
commissioner of natural resources to
increase technical assistance to
private forest landowners in southern
Minnesota for oak regeneration.
(f) Aspen Hybrids and New Tissue
Culture Techniques 70,000
This appropriation is to the University
of Minnesota, Department of Forest
Resources, to research tissue cultured
aspen and hybrid aspen clones.
(g) Aspen Decay Models for Mature
Aspen Stands 85,000
This appropriation is to the
commissioner of natural resources to
contract with Koochiching county and
the University of Minnesota, College of
Natural Resources, to develop models
for aspen decay in mature aspen stands.
(h) Generic Environmental Impact
Statement 400,000
This appropriation is from the
environment and natural resources trust
fund to the Environmental Quality Board
for preparation of a generic
environmental impact statement.
Subd. 8. Fisheries
(a) Pilot Fish Pond Complex - Fisheries
Development and Education 250,000
This appropriation is to the
commissioner of natural resources for a
grant to the Leech Lake Band of
Chippewa Indians to develop fish ponds
for production of sportfish and
baitfish.
(b) Aquaculture Facility Purchase and
Development and Genetic Gamefish
Growth Studies 1,200,000
This appropriation is to the University
of Minnesota, College of Natural
Resources, to acquire and develop an
aquaculture facility and to continue
research on genetically engineered
gamefish.
(c) Cooperative Urban Aquatic
Education Program 340,000
This appropriation is to the
commissioner of natural resources to
expand urban fishing opportunities and
awareness.
(d) Catch and Release Program 35,000
This appropriation is to the
commissioner of natural resources to
accelerate the catch and release
portion of the CORE program for
matching grants to local anglers clubs
for promotion of catch and release
statewide. The work must be done in
cooperation with the Minnesota
Sportfishing Congress and other
interested groups.
(e) Metropolitan Lakes Fishing
Opportunities 75,000
This appropriation is to the
commissioner of natural resources to
study metropolitan area lakes to
determine if recreational fishing
opportunities are being maximized. The
study must be done in cooperation with
the Minnesota Sportfishing Congress and
other interested groups.
(f) Lake Minnetonka Bass Tracking 85,000
This appropriation is to the
commissioner of natural resources to
study the impacts of bass fishing
contests. The study must be done in
cooperation with the Minnesota
Sportfishing Congress and other
interested groups.
(g) Stocking Survey 35,000
This appropriation is to the
commissioner of natural resources to
survey organizations to determine the
level of interest in public and private
fish stocking activities. The survey
must be done in cooperation with the
Minnesota Sportfishing Congress and
other interested groups.
Subd. 9. Wildlife
(a) Insecticide Impact on Wetland
and Upland Wildlife 650,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources to
research the effect of insecticides on
wetland and upland wildlife and
habitats.
(b) Biological Control of
Eurasian Water Milfoil 100,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources to
continue a cooperative research program
between the department of natural
resources, Freshwater Foundation, and
the University of Minnesota leading to
biological control of Eurasian water
milfoil. This appropriation must be
matched by $200,000 from the Freshwater
Foundation.
(c) Microbial and Genetic Strategies
for Mosquito Control 150,000
This appropriation is to the University
of Minnesota, Department of Entomology,
to enhance mosquito control by
development of microbial agents that
are environmentally safe and specific
for mosquitoes.
(d) Minnesota County Biological
Survey 1,000,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources to
continue the biological survey in
Minnesota counties previously funded by
Laws 1989, chapter 335, article 1,
section 29, subdivision 3, item (t).
(e) Data Base for Plants of Minnesota 130,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the University
of Minnesota to computerize the data
base for Minnesota plants, including
precise information on the
distribution, ecology, history, and
management of each species.
(f) Aquatic Invertebrate Assessment
Archive 130,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of the pollution control
agency, in cooperation with the Science
Museum of Minnesota, to continue work
on a record system for aquatic
invertebrates and assign pollution
tolerance values and to develop an
information system for the zebra mussel.
(g) Wetlands Forum 40,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources to
improve communication and information
exchange regarding wetlands in the
metropolitan area. This appropriation
must be matched by $40,000 from the
Freshwater Foundation.
(h) Easement Acquisition on
Restored Wetlands 400,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the board of
water and soil resources for a pilot
program to acquire permanent
conservation easements on federally
restored or enhanced wetlands and
adjacent lands in cooperation with the
United States Fish and Wildlife Service
and the Izaak Walton League.
(i) Swan and Heron Lake Area
Projects 1,000,000
This appropriation is to the
commissioner of natural resources.
First priority is for acquisition that
qualifies for federal match. Second
priority is for land management
activities. Federal and other matching
money is appropriated. Any full-time
equivalent positions associated with
this appropriation are for land
acquisition work.
(j) Wildlife Oriented Recreation
Facilities at Sandstone Unit National
Wildlife Refuge 9,000
This appropriation is to the
commissioner of natural resources to
contract with Rice Lake National
Wildlife Refuge for recreation facility
development and access at the Sandstone
Unit of Rice Lake National Wildlife
Refuge.
(k) Acquisition and Development of
Scientific and Natural Areas 300,000
This appropriation is to the
commissioner of natural resources to
acquire and develop scientific and
natural area sites consistent with the
state scientific and natural areas plan.
(l) Black Bear Research in East
Central Minnesota 100,000
This appropriation is to the University
of Minnesota, Bell Museum of Natural
History, to develop landscape ecology
concepts and better understand the
problem of bear damage to crops.
(m) Partnership for Accelerated
Wild Turkey Management 50,000
This appropriation is to the
commissioner of natural resources to
increase wild turkey stocking. This
appropriation must be matched by
$50,000 from the National Wild Turkey
Federation.
(n) Restore Thomas Sadler Roberts
Bird Sanctuary 50,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources for a
grant to the Minneapolis Park and
Recreation Board to restore and improve
public access to the Thomas Sadler
Roberts Bird Sanctuary. This
appropriation must be matched by
$50,000 of local money.
(o) Changes in Ecosystem on
Biodiversity of Forest Birds 300,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources to
monitor forest songbird populations and
to develop geographic information
system tools to correlate forest bird
populations with dynamics of the forest
landscape. This appropriation must be
matched by $200,000 from a combination
of nonstate funds and the state nongame
wildlife program.
(p) Establish Northern Raptors
Rehabilitation and Education Facility 75,000
This appropriation is to the University
of Minnesota, Raptor Center, to
establish a raptor rehabilitation and
release facility at the Audubon Center
of the Northwoods.
(q) Effect of Avian Flu Virus in
Mallard Ducks 16,000
This appropriation is to the University
of Minnesota, Department of Veterinary
Pathobiology, to research the effects
of Avian influenza on Mallard ducks.
Subd. 10. Land
(a) Base Maps for 1990s 1,900,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of state planning to
provide the state match for a federal
program to complete a major portion of
the statewide air photo and base map
coverage. The federal share is
appropriated.
(b) Accelerated Soil Survey 1,270,000
This appropriation is to the University
of Minnesota, Agriculture Experiment
Station, to complete the soil survey in
counties under contract as of July 1,
1988. Up to $270,000 is for initiation
of a survey in Koochiching county,
provided that the county share of the
cost of the survey shall be one-third
of the cost, reduced by a percentage
equal to the percent of land located in
the county that is owned by the federal
or state government that exceeds five
percent, and further adjusted by the
ratio of the adjusted net tax capacity
per capita of the county to the
adjusted net tax capacity per capita of
the state.
(c) Statewide National Wetlands
Inventory, Protected Waters Inventory,
Watershed Map Digitization 750,000
This appropriation is from the
Minnesota environment and natural
resources trust fund to the
commissioner of natural resources to
complete the digitization of the
national wetlands inventory, protected
water inventory, and watershed
boundaries.
(d) Statewide Land Use Update 338,000
This appropriation is to the
commissioner of state planning for a
grant to The International Coalition to
complete a statewide land use update of
all land and water resources outside
the Twin City metropolitan area.
(e) Local Geographic Information
System Program 143,000
This appropriation is to the
commissioner of state planning for a
grant to The International Coalition to
expand the applicability and use of
geographic information by developing
programs and providing training at the
local level.
(f) GIS Control Point Inventory 175,000
This appropriation is to the
commissioner of state planning to
produce a statewide inventory of known
public land survey control points using
data from all levels of government.
(g) Land Use and Design Strategies
to Enhance Environmental Quality 100,000
This appropriation is to the University
of Minnesota, College of Architecture
and Landscape Architecture, to develop
a land use and design concept for
typical sites on light rail transit and
freeway systems. The work must be done
in consultation with the Metropolitan
Council and the Regional Transit Board.
(h) Model Residential Land Use
Guidelines 150,000
This appropriation is to the University
of Minnesota, Department of Landscape
Architecture, to illustrate and
disseminate residential land
development guidelines that address a
broad range of environmental concerns.
The work must be done in consultation
with the Metropolitan Council. The
legislative commission on Minnesota
resources may convene a steering
committee to ensure coordination and
practical results.
Subd. 11. Minerals
Subsurface Greenstone Belts in
Southwestern Minnesota 120,000
This appropriation is to the University
of Minnesota, Minnesota Geologic
Survey, to apply aeromagnetic
interpretation techniques and test
drilling to determine greenstone and
associated mineral potential in
southwestern Minnesota.
Subd. 12. Waste
(a) Remediation of Soils by
Co-Composting with Leaves 135,000
This appropriation is to the office of
waste management for a grant to the
Minneapolis Community Development
Agency to develop a treatment method
for soils contaminated with
semivolatile compounds by co-composting
with leaves.
(b) Land Spreading of Yard Wastes 100,000
This appropriation is to the office of
waste management for a grant to the
University of Minnesota, Soils Science
Department, to determine the maximum
and optimum rates that yard wastes can
be applied to soils without reducing
yields or endangering the environment.
Subd. 13. Oil Overcharge
The appropriations in this subdivision
are from oil overcharge money, as
defined in Minnesota Statutes, section
4.071, in the special revenue fund.
(a) Traffic Signal Timing and
Optimization Program 1,175,000
This appropriation is to the
commissioner of administration for
transfer to the commissioner of
transportation. $125,000 is for
traffic signal retiming and
optimization training and $1,050,000
for a cost share program for signal
retiming. $675,000 of the cost share
program is available only as cash flow
permits.
(b) Waste Crumb Rubber in Roadways 100,000
This appropriation is to the
commissioner of administration for
transfer to the commissioner of
transportation to improve hot-mix
asphalt pavement performance through
the use of crumb tire rubber and
selected polymer additives. The
process will use waste tires generated
in Minnesota. This appropriation must
be matched by $100,000 from other
sources.
(c) Biodegradable Plastics - Microbial
and Crop Plant Systems 150,000
This appropriation is to the
commissioner of administration for a
grant to the University of Minnesota,
Department of Agronomy and Plant
Genetics, to genetically engineer yeast
and crop plants to produce low-cost
polyhydroxybutyric, a biodegradable
plastic, to substitute for
petroleum-based plastics.
(d) Agricultural Energy Savings
Information 150,000
This appropriation is to the
commissioner of administration for a
grant to the Agricultural Utilization
Research Institute to conduct a series
of conferences, communication products,
and intensive workshops in order to
transfer the results of state-funded
research to agricultural practitioners.
(e) Residential Urban Environmental
Resource Audit 150,000
This appropriation is to the
commissioner of administration for a
grant to the St. Paul Neighborhood
Energy Consortium to develop and
implement neighborhood workshops and
one-on-one consultations as part of an
environmental urban resource audit and
a broad educational campaign.
(f) Means for Producing Lignin-Based
Plastics 100,000
This appropriation is to the
commissioner of administration for a
grant to the University of Minnesota,
Department of Forest Products, to
develop means for fabricating
engineering plastics based upon
industrial by-product lignins and
corresponding raw materials from wheat
straw.
(g) Cellulose Rayons for
Packaging 150,000
This appropriation is to the
commissioner of administration for a
grant to Bemidji State University,
Center for Environmental Studies, to
research and develop cellulose rayons.
(h) Tree and Shrub Planting for
Energy in Minnesota Communities 1,250,000
This appropriation is to the
commissioner of administration for a
grant to the commissioner of natural
resources to develop research-based
guidelines and publications and to
provide matching grants for energy
conservation tree planting. $950,000
of this appropriation is available only
as cash flow permits.
(i) Oil Overcharge Program
Administration 200,000
This appropriation is to the
commissioner of administration for
processing and oversight of grants and
allocations in the Oil Overcharge
program.
(j) Energy Efficiency Standards for
Residential Construction 75,000
This appropriation is to the
commissioner of administration for a
grant to the University of Minnesota,
Cold Climate Housing Center for the
development of performance-based
standards for energy efficient new home
construction and procedures for
implementation. This appropriation
must be matched by $75,000 of nonstate
funds. This appropriation is available
only as cash flow permits.
Subd. 14. MFRF Contingent Account
In addition to the specific amounts
appropriated from the Minnesota future
resources fund by this section, any
increase in the projected revenue up to
$600,000 for the biennium to the fund
in excess of the amount indicated in
subdivision 1 that would otherwise be
available for expenditure during the
1992-1993 biennium is appropriated to
the legislative commission on Minnesota
resources future resources fund
contingent account for disbursement by
the commission in accordance with the
procedure identified in this
subdivision.
This appropriation is for acquisition
or development of state land or other
projects that are part of a natural
resources acceleration activity, when
deemed to be of an emergency or
critical nature. This appropriation is
also available for projects initiated
by the legislative commission on
Minnesota resources that are found to
be proper in order for the commission
to carry out its legislative charge.
This appropriation is not available
until the legislative commission on
Minnesota resources has made a
recommendation to the legislative
advisory commission regarding each
expenditure from the account. The
legislative advisory commission must
then hold a meeting and provide its
recommendation on each item, which may
be spent only with the approval of the
governor.
Subd. 15. General Reduction
As cash flow in the Minnesota future
resources fund permits, but no later
than June 30, 1993, the commissioner of
finance in consultation with the
legislative commission on Minnesota's
resources director shall transfer
$2,000,000 from the unencumbered
balance in the fund to the general fund.
Subd. 16. Compatible Data
During the biennium ending June 30,
1993, the data collected by the
projects funded under this section that
have common value for natural resource
planning and management must conform to
information architecture as defined in
guidelines and standards adopted by the
information policy office. Data review
committees may be established to
develop or comment on plans for data
integration and distribution and shall
submit semiannual status reports to the
legislative commission on Minnesota
resources on their findings. In
addition, the data must be provided to
and integrated with the Minnesota land
management information center's
geographic data bases with the
integration costs borne by the activity
receiving funding under this section.
This requirement applies to all
projects funded under this section,
including, but not limited to, the
following projects:
Recreation: Subdivision 3, paragraphs
(d) and (e);
Water: Subdivision 4, paragraphs (a),
(b), (c), (f), and (g);
Agriculture: Subdivision 6, paragraph
(d);
Wildlife: Subdivision 9, paragraphs
(d), (e), (h), (k), and (p);
Land: Subdivision 10, paragraphs (a),
(b), (c), (d), (e), and (f);
Minerals: Subdivision 11.
Subd. 17. Work Program
It is a condition of acceptance of the
appropriations made from the Minnesota
future resources fund, Minnesota
environment and natural resources trust
fund, and oil overcharge money
according to Minnesota Statutes,
section 4.071, subdivision 2, that the
agency or entity receiving the
appropriation must submit a work
program and semiannual progress reports
in the form determined by the
legislative commission on Minnesota
resources. None of the money provided
may be spent unless the commission has
approved the pertinent work program.
Subd. 18. Temporary Positions
The approved full-time equivalent of
the following agencies shall be
increased for the biennium as indicated
for the appropriations in this section:
Board of Water and Soil Resources - 1
Pollution Control Agency - 6
State Planning Agency - 3
Department of Agriculture - 4
Department of Education - 4
Department of Administration - 1
Department of Natural Resources - 36
Persons employed by a state agency and
paid by an appropriation in this
section are in the unclassified civil
service, and their continued employment
is contingent upon the availability of
money from the appropriation. The
positions are in addition to any other
approved complement for the agency.
Part-time employment of persons is
authorized.
Subd. 19. Match Requirements
Appropriations in this section that
must be matched and for which the match
has not been committed by January 1,
1992, must be canceled. Amounts
canceled to the Minnesota future
resources fund are appropriated to the
contingent account created in
subdivision 14.
Subd. 20. Patents and Royalties
If an appropriation in this section
from the Minnesota future resources
fund results in a patent and subsequent
royalties, payment of 50 percent of the
royalties received, net of patent
servicing costs, must be paid to the
Minnesota future resources fund, until
the entire appropriation made by this
section is repaid.
Subd. 21. Carryforward
The appropriation in Laws 1989, chapter
335, article 1, section 29, subdivision
3, paragraph (e), Development of Forest
Soil Interpretations, is available
until December 31, 1991.
The appropriation in Laws 1989, chapter
335, article 1, section 29, subdivision
3, paragraph (h), Statewide Public
Recreation Map, is available until June
30, 1992.
The appropriation in Laws 1989, chapter
335, article 1, section 29, subdivision
11, paragraph (o), High Flotation Tire
Research is available until June 30,
1992.
Sec. 15. [ENVIRONMENTAL, RESPONSE, COMPENSATION AND
COMPLIANCE ACCOUNT REPORT.]
The commissioner of the pollution control agency, after
consultation with representatives of public and private landfill
owners and operators, the director of the office of waste
management, and the director of the legislative commission on
waste management, shall submit to the legislative commission on
waste management and to the environment and natural resources
committees of the legislature and to the chairs of the
environment divisions of the senate finance and house
appropriations committees by November 1, 1991, a report
proposing procedures and criteria for use of the funds in the
environmental response, compensation, and compliance account. A
special emphasis shall be placed on an analysis of other fees
and funds collected and maintained for addressing landfill
related problems. The report shall recommend procedures and
criteria for use of the funds to prevent and respond to releases
that add to or replace the procedures and criteria of chapter
115B and federal law. The goals to be met by the recommended
procedures and criteria are:
(1) administrative efficiency;
(2) expeditious and cost effective prevention and response
actions;
(3) diminution of the financial burden on local government
units for closed landfill facilities;
(4) preservation of a system that prioritizes use of the
funds at sites that are causing the greatest environmental
burden while endeavoring to use the funds equitably among the
broad regions of the state;
(5) preservation of incentives and requirements for
operators of open landfill facilities to operate the facilities
responsibly and to provide financial assurance for closure,
postclosure care, and contingency action, while addressing
problems of facilities with short term capacity;
(6) provision of immediate funding for unforeseen problems
at open or closed landfill facilities that are otherwise
financially unable to address those immediate problems;
(7) preservation of the concept of cost recovery against
easily identifiable responsible parties for payment of the costs
of addressing problems; and
(8) assessment of the relationship between all fees and
funds collected and maintained for addressing superfund related
problems.
Sec. 16. [TRANSFERS.]
Subdivision 1. [GENERAL PROCEDURE.] If the appropriation
in this article to an agency in the executive branch is
specified by program, the agency may transfer unencumbered
balances among the programs specified in that section after
getting the approval of the commissioner of finance. The
commissioner shall not approve a transfer unless the
commissioner believes that it will carry out the intent of the
legislature. The transfer must be reported immediately to the
committee on finance of the senate and the committee on
appropriations of the house of representatives. If the
appropriation in this act to an agency in the executive branch
is specified by activity, the agency may transfer unencumbered
balances among the activities specified in that section using
the same procedure as for transfers among programs.
Subd. 2. [TRANSFER PROHIBITED.] If an amount is specified
in this act for an item within an activity, that amount must not
be transferred or used for any other purpose.
Sec. 17. [APPROPRIATION AND BONDS.]
$16,000,000 is appropriated from the bond proceeds fund to
be divided as follows:
(a) To the board of water and soil resources for the
reinvest in Minnesota conservation reserve program, under
Minnesota Statutes, section 103F.515: $1,900,000;
(b) To the commissioner of natural resources for transfer
to the critical habitat private sector matching account for
purposes of Minnesota Statutes, sections 84.943 and 84.944:
$3,000,000;
(c) To the commissioner of natural resources for the
following purposes:
(1) state trail acquisition and development, including the
Root River trail: $1,000,000;
(2) state park rehabilitation: $2,650,000;
(3) state park development: $750,000;
(4) state forest acquisition within Dorer memorial forest:
$145,000.
The commissioner of natural resources shall submit
semiannual work plans to the legislative commission on Minnesota
resources and shall submit a semiannual work program to the
commission and request its recommendation before spending any
money appropriated by this subdivision or by Laws 1989, chapter
300, article 1, section 16, subdivisions 2 and 3, items (a) and
(b); or Laws 1990, chapter 610, article 1, section 20,
subdivisions 2, 3, 4, 6, and 7, for any purpose. The
commission's recommendation is advisory only. Failure to
respond to a request within 60 days after receipt is a negative
recommendation. Work programs involving land acquisition must
include a land acquisition plan.
(d) To the commissioner of trade and economic development
for regional park acquisition and development, including Cedar
Lake park acquisition in the cities of Minneapolis and St. Louis
Park that is identified in the metropolitan parks and open space
commission plan, and $250,000 for regional park acquisition
outside the seven-county metropolitan area: $6,525,000.
ARTICLE 2
ENVIRONMENT AND NATURAL RESOURCES
Section 1. Minnesota Statutes 1990, section 14.18, is
amended to read:
14.18 [PUBLICATION OF ADOPTED RULE; EFFECTIVE DATE.]
Subdivision 1. [GENERALLY.] A rule is effective after it
has been subjected to all requirements described in sections
14.131 to 14.20 and five working days after the notice of
adoption is published in the State Register unless a later date
is required by law or specified in the rule. If the rule
adopted is the same as the proposed rule, publication may be
made by publishing notice in the State Register that the rule
has been adopted as proposed and by citing the prior
publication. If the rule adopted differs from the proposed
rule, the portions of the adopted rule which differ from the
proposed rule shall be included in the notice of adoption
together with a citation to the prior State Register publication
of the remainder of the proposed rule. The nature of the
modifications must be clear to a reasonable person when the
notice of adoption is considered together with the State
Register publication of the proposed rule, except that
modifications may also be made which comply with the form
requirements of section 14.07, subdivision 7.
Subd. 2. [POLLUTION CONTROL AGENCY FEES.] A new fee or fee
increase adopted by the pollution control agency is subject to
legislative approval during the next biennial budget session
following adoption. The commissioner shall submit a report of
fee adjustments to the legislature as a supplement to the
biennial budget. Any new fee or fee increase remains in effect
unless the legislature passes a bill disapproving the new fee or
fee increase. A fee or fee increase disapproved by the
legislature becomes null and void on July 1 following
adjournment.
Sec. 2. Minnesota Statutes 1990, section 16A.123,
subdivision 5, is amended to read:
Subd. 5. [DEPARTMENT OF NATURAL RESOURCES COMPLEMENT.] (a)
Beginning with the biennium ending June 30, 1991, The
legislature shall establish complements for the department of
natural resources based on the number of full-time equivalent
positions and dollars appropriated for salary-related
expenditures.
The commissioner of natural resources shall provide a
biennial report indicating the distribution of the full-time
equivalents for the previous biennium as a supplement to the
agency's biennial budget request for succeeding bienniums. The
biennial budget document submitted to the legislature by the
governor beginning with the 1992-1993 biennium shall indicate,
by program and by activity, the number of full-time equivalent
positions included as base level and recommended changes. The
governor's salary and full-time equivalents requests for the
agency shall include all full-time, part-time, and seasonal
dollars and full-time equivalent positions requested. Any
change level request submitted by the governor to the
legislature for consideration by the governor as part of the
governor's biennial budget containing funding for salaries shall
indicate the number of additional full-time equivalent positions
and salary dollars requested.
Within the full-time equivalent number and amount of salary
dollars appropriated for the department, the commissioner shall
have the authority to establish as many full-time, part-time, or
seasonal positions as required to accomplish the assigned
responsibilities for the department. The commissioner shall
have the authority to reallocate salary dollars for other
operating expenses, but the commissioner shall not have
authority to reallocate other operating funds to increase the
total amount appropriated for salary-related expenses, including
salary supplement, without receiving prior approval according to
the process defined in this subdivision.
In the event that the commissioner finds it necessary to
exceed the full-time equivalent number or the amount of
appropriated dollars and the legislature is not in session, the
commissioner shall seek approval of the legislative advisory
commission under subdivision 4. Legislative advisory commission
approved full-time equivalent positions and dollars shall not
only become a part of the agency budget base unless authorized
by the legislature if the increase is the result of
appropriations made to the agency by the legislature that are in
addition to the appropriations made in the omnibus
appropriations acts. All other legislative advisory commission
authorized full-time equivalent positions or dollar adjustments
shall be temporary for the biennium during which they are
authorized unless approved by the legislature.
Sec. 3. Minnesota Statutes 1990, section 18.191, is
amended to read:
18.191 [DESTRUCTION OF NOXIOUS WEEDS.]
Except as otherwise specifically provided in sections
18.181 to 18.271, 18.281 to 18.311, and 18.321 to 18.322, it
shall be the duty of every occupant of land or, if the land is
unoccupied, the owner thereof, or an agent, or the public
official in charge thereof, to cut down, otherwise destroy, or
eradicate all noxious weeds as defined in section 18.171,
subdivision 5, standing, being, or growing upon such land, in
such manner and at such times as may be directed or ordered by
the commissioner, the commissioner's authorized agents, the
county agricultural inspector, or by a local weed inspector
having jurisdiction.
Except as provided below, an owner of nonfederal lands
underlying public waters or wetlands designated under section
103G.201 is not required to control or eradicate purple
loosestrife (Lythrum salicaria) below the ordinary high water
level of the public water or wetland. To the extent provided in
this section, the commissioner of natural resources is
responsible for control and eradication of purple loosestrife on
public waters and wetlands designated under section 103G.201,
except those located upon lands owned in fee title or managed by
the United States. The officers, employees, agents, and
contractors of the commissioner may enter upon public waters and
wetlands designated under section 103G.201 and may cross
adjacent lands as necessary for the purpose of investigating
purple loosestrife infestations, formulating methods of
eradication, and implementing control and eradication of purple
loosestrife. The commissioner, after consultation with the
commissioner of agriculture, shall, by June 1 of each year,
compile a priority list of purple loosestrife infestations to be
controlled in designated public waters. The commissioner of
agriculture must distribute the list to county agricultural
inspectors, local weed inspectors, and their appointed agents.
The commissioner of natural resources shall control listed
purple loosestrife infestations in priority order within the
limits of appropriations provided for that purpose. This
procedure shall be the exclusive means for control of purple
loosestrife on designated public waters by the commissioner of
natural resources and shall supersede the other provisions for
control of noxious weeds set forth elsewhere in Minnesota
Statutes, chapter 18. The responsibility of the commissioner to
control and eradicate purple loosestrife on public waters and
wetlands located on private lands and the authority to enter
upon private lands ends ten days after receipt by the
commissioner of a written statement from the landowner that the
landowner assumes all responsibility for control and eradication
of purple loosestrife under sections 18.171 to 18.315. State
officers, employees, agents, and contractors are not liable in a
civil action for trespass committed in the discharge of their
duties under this section and are not liable to anyone for
damages, except for damages arising from gross negligence.
Sec. 4. Minnesota Statutes 1990, section 84.0855, is
amended to read:
84.0855 [SPECIAL RECEIPTS; APPROPRIATION.]
Money received by the commissioner of natural resources as
fees for seminars or workshops, for from the sale of
publications, and maps, from the sale of other natural resource
related merchandise at the state fair, or to buy supplies for
the use of volunteers, may be credited to one or more special
accounts in the state treasury and is appropriated to the
commissioner for the purposes for which the money was received.
Money received from sales at the state fair shall be available
for state fair related costs.
Sec. 5. Minnesota Statutes 1990, section 84.82,
subdivision 2, is amended to read:
Subd. 2. [APPLICATION, ISSUANCE, REPORTS.] Application for
registration or reregistration shall be made to the commissioner
of natural resources, or the commissioner of public safety or an
authorized deputy registrar of motor vehicles in such form as
the commissioner of public safety shall prescribe, and shall
state the name and address of every owner of the snowmobile and
be signed by at least one owner. A person who purchases a
snowmobile from a retail dealer shall make application for
registration to the dealer at the point of sale. The dealer
shall issue a temporary registration permit to each purchaser
who applies to the dealer for registration. The temporary
registration is valid for 60 days from the date of issue. Each
retail dealer shall submit completed registration and fees to
the deputy registrar at least once a week. Upon receipt of the
application and the appropriate fee as hereinafter provided,
such snowmobile shall be registered and a registration number
assigned which shall be affixed to the snowmobile in such manner
as the commissioner of natural resources shall prescribe. Each
deputy registrar of motor vehicles acting pursuant to section
168.33, shall also be a deputy registrar of snowmobiles. The
commissioner of natural resources in agreement with the
commissioner of public safety may prescribe the accounting and
procedural requirements necessary to assure efficient handling
of registrations and registration fees. Deputy registrars shall
strictly comply with these accounting and procedural
requirements. A fee of 50 cents in addition to that otherwise
prescribed by law shall be charged for each snowmobile
registered by the registrar or a deputy registrar. The
additional fee shall be disposed of in the manner provided in
section 168.33, subdivision 2.
Sec. 6. Minnesota Statutes 1990, section 84.82,
subdivision 3, is amended to read:
Subd. 3. [FEES FOR REGISTRATION.] (a) The fee for
registration of each snowmobile, other than those used for an
agricultural purpose, as defined in section 84.92, subdivision
1c, or those registered by a dealer or manufacturer pursuant to
clause (b) or (c) shall be as follows: $18 $30 for three years
and $4 for a duplicate or transfer.
(b) The total registration fee for all snowmobiles owned by
a dealer and operated for demonstration or testing purposes
shall be $50 per year.
(c) The total registration fee for all snowmobiles owned by
a manufacturer and operated for research, testing,
experimentation, or demonstration purposes shall be $150 per
year. Dealer and manufacturer registrations are not
transferable.
Sec. 7. Minnesota Statutes 1990, section 84.944,
subdivision 2, is amended to read:
Subd. 2. [DESIGNATION OF ACQUIRED SITES.] The critical
natural habitat acquired in fee title by the commissioner under
this section shall be designated by the commissioner as: (1) an
outdoor recreation unit pursuant to section 86A.07, subdivision
3, or (2) as provided in sections 97A.101, 97A.125, 97C.001, and
97C.011, and 97C.021. The commissioner may so designate any
critical natural habitat acquired in less than fee title.
Sec. 8. Minnesota Statutes 1990, section 84.96,
subdivision 5, is amended to read:
Subd. 5. [PAYMENTS.] (a) The commissioner must make
payments to the landowner under this subdivision for the
easement.
(b) For a permanent easement, the commissioner must pay 50
percent of the average equalized estimated market value of
cropland in the township as established by the commissioner of
revenue 65 percent of the permanent marginal agricultural land
payment rate as established by the board of water and soil
resources for the time period when the application is made.
(c) For an easement of limited duration, the landowner
shall receive a lump sum payment equal to the present value of
the annual payments for the term of the easement based on 50
percent of the mean adjusted cash rental for cropland in the
county as established by the commissioner of
revenue commissioner must pay 65 percent of the permanent
prairie bank easement rate for the time period when the
application is made.
(d) To maintain and protect native prairies, the
commissioner may enter into easements that allow selected
agricultural practices. Payment must be based on paragraph (b)
or (c) but may be reduced due to the agricultural practices
allowed after negotiation with the landowner.
Sec. 9. [84.967] [ECOLOGICALLY HARMFUL SPECIES;
DEFINITION.]
For the purposes of sections 10 to 12, "ecologically
harmful exotic species" means non-native aquatic plants or wild
animals that can naturalize, have high propagation potential,
are highly competitive for limiting factors, and cause
displacement of, or otherwise threaten, native plants or native
animals in their natural communities.
Sec. 10. [84.968] [ECOLOGICALLY HARMFUL EXOTIC SPECIES
MANAGEMENT PLAN.]
By January 1, 1993, a long-term statewide ecologically
harmful exotic species management plan must be prepared by the
commissioner of natural resources and address the following:
(1) coordinated detection and prevention of accidental
introductions;
(2) coordinated dissemination of information about
ecologically harmful exotic species among resource management
agencies and organizations;
(3) a coordinated public awareness campaign regarding
ecologically harmful exotic animals and aquatic plants;
(4) a process, where none exists, to designate and classify
ecologically harmful exotic species into the following
categories:
(i) undesirable wild animals that must not be sold,
propagated, possessed, or transported; and
(ii) undesirable aquatic exotic plants that must not be
sold, propagated, possessed, or transported;
(5) coordination of control and eradication of ecologically
harmful exotic species on public lands and public waters; and
(6) develop a list of exotic wild animal species intended
for nonagricultural purposes, or propagation for release by
state agencies or the private sector.
Sec. 11. [84.969] [COORDINATING PROGRAM, GRANTS, AND
REGIONAL COOPERATION.]
Subdivision 1. [COORDINATING PROGRAM.] The commissioner of
natural resources shall establish a statewide coordinating
program to prevent and curb the spread of ecologically harmful
exotic animals and aquatic plants.
Subd. 2. [GRANTS.] The coordinating program created in
subdivision 1 may accept gifts, donations, and grants to
accomplish its duties and must seek available federal grants
through the federal Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990. A portion of these funds shall be used
to implement the plan under section 10.
Subd. 3. [REGIONAL COOPERATION.] The governor may
cooperate, individually and regionally, with other state
governors in the midwest for the purposes of ecologically
harmful exotic species management and control.
Sec. 12. [84.9691] [RULEMAKING.]
The commissioner of natural resources may adopt rules,
including emergency rules, to restrict the introduction,
propagation, use, possession, and spread of ecologically harmful
exotic animals and aquatic plants in the state.
Sec. 13. Minnesota Statutes 1990, section 85.015, is
amended by adding a subdivision to read:
Subd. 16. [SUPERIOR VISTA TRAIL; ST. LOUIS AND LAKE
COUNTIES.] The trail shall originate at the city of Duluth and
shall extend in a northeasterly direction along the shoreline of
Lake Superior to the city of Two Harbors. The trail shall be
designed for bicycles and hikers, shall utilize existing highway
and railroad right-of-way where possible, and shall be laid out
in a manner to maximize the view of Lake Superior while
traversing the length of the trail.
Sec. 14. [COORDINATION.]
When developing a plan to implement section 13, the
commissioner shall involve the various jurisdictions through
which the Superior Vista trail corridor would pass. This
includes, but is not limited to, the St. Louis and Lake counties
highway departments, the cities of Duluth and Two Harbors, the
Minnesota department of transportation, and the St. Louis and
Lake counties railroad authorities.
Sec. 15. Minnesota Statutes 1990, section 85.053,
subdivision 5, is amended to read:
Subd. 5. [DAILY VEHICLE PERMIT FOR GROUPS.] The
commissioner may authorize shall prescribe a special daily
vehicle state park permits permit for groups by rule for use of
state parks, state recreation areas, or state waysides for up to
one day under conditions prescribed by the commissioner.
Sec. 16. Minnesota Statutes 1990, section 85.055,
subdivision 1, is amended to read:
Subdivision 1. [FEES.] The fee for state park permits for:
(1) an annual use of state parks is $16 $18;
(2) a second vehicle state park permit is one-half the
annual state park permit fee in clause (1) $12;
(3) a special state park permit valid up to two days is
$3.25 $4;
(4) a special daily vehicle state park permit for groups is
as prescribed by the commissioner $2;
(5) an employee's state park permit is without charge;
(6) a special state park permit for handicapped persons and
persons over age 65 under section 85.053, subdivision 7, clauses
(1) and (2), is one-half the annual state park permit fee in
clause (1) $12; and
(7) a special state park permit valid up to two days for
handicapped persons and persons over age 65 under section
85.053, subdivision 7, clauses (1) and (3), is $2 $4.
The fees specified in this subdivision include any sales
tax required by state law.
Sec. 17. Minnesota Statutes 1990, section 85.22,
subdivision 1, is amended to read:
Subdivision 1. [DESIGNATION.] The revolving fund
established under Laws 1941, chapter 548, section 37,
subdivision E, item 4 is the state parks working capital
account. The account is to be used to maintain and operate the
revenue producing facilities and to operate the resource
management and interpretive programs in the state parks within
the limits in this section.
Sec. 18. Minnesota Statutes 1990, section 85.22,
subdivision 2a, is amended to read:
Subd. 2a. [RECEIPTS, APPROPRIATION.] All receipts derived
from the rental or sale of items in state parks park items shall
be deposited in the state treasury and be credited to the state
parks working capital account. The Money in the account is
annually appropriated solely for the purchase and payment of
expenses attributable to items for resale or rental.
Sec. 19. Minnesota Statutes 1990, section 86B.415,
subdivision 7, is amended to read:
Subd. 7. [WATERCRAFT SURCHARGE.] A surcharge of $2 is
placed on each watercraft licensed under subdivisions 1 to 6,
that is 17 feet in length or longer, 5 for management of
control, public awareness, law enforcement, monitoring, and
research of nuisance aquatic exotic species such as zebra
mussel, purple loosestrife, and Eurasian water milfoil according
to law in public waters and public wetlands.
Sec. 20. [88.82] [MINNESOTA RELEAF PROGRAM.]
The Minnesota releaf program is established in the
department of natural resources to encourage, promote, and fund
the planting, maintenance, and improvement of trees in this
state to reduce atmospheric carbon dioxide levels and promote
energy conservation.
Sec. 21. [IMPLEMENTATION PLAN.]
Subdivision 1. [DESCRIPTION.] (a) The commissioner of
natural resources in cooperation with the commissioners of the
pollution control agency and department of agriculture shall
prepare and submit to the legislative commission on Minnesota
resources an implementation plan for the Minnesota releaf
program containing the following elements:
(1) primary and secondary criteria for selecting projects
for funding under the Minnesota releaf program; and
(2) recommended procedures for processing grant
applications and allocating funds.
(b) The primary criteria developed under paragraph (a),
clause (1), must include, but are not limited to:
(1) reduction and mitigation of adverse environmental
impacts of atmospheric carbon dioxide; and
(2) promotion of energy conservation.
(c) The secondary criteria developed under paragraph (a),
clause (1), must include, but are not limited to:
(1) balancing of urban and rural needs;
(2) preservation of existing trees in urban areas;
(3) promotion of biodiversity, including development of
disease-resistant and drought-resistant tree species;
(4) erosion control;
(5) enhancement of wildlife habitat;
(6) encouragement of cost sharing with public and private
entities;
(7) enhancement of recreational opportunities in urban and
rural areas;
(8) coordination with existing state and federal programs;
(9) acceleration of the planting of harvestable timber;
(10) creation of employment opportunities for disadvantaged
youth; and
(11) maximization of the use of volunteers.
Subd. 2. [DUTIES OF THE COMMISSIONER OF NATURAL
RESOURCES.] By February 1, 1992, the commissioner of natural
resources shall transmit to the legislature the implementation
plan prepared under subdivision 1, and the recommendations
prepared under subdivision 3, together with all recommended
legislation to implement the Minnesota releaf program and the
supporting fee structure.
Subd. 3. [DUTIES OF THE POLLUTION CONTROL AGENCY.] (a) The
pollution control agency, in consultation with potentially
affected parties, shall prepare implementation recommendations
for applying a fee on carbon dioxide emissions for the Minnesota
releaf program. The agency's analysis must include:
(1) a review of the carbon dioxide sources and proposed fee
base identified in the study prepared in accordance with Laws
1990, chapter 587, section 2;
(2) recommendations regarding exemptions, if any, that
should be granted;
(3) a recommended method for measuring the amount of carbon
dioxide emitted by various sources;
(4) a recommended procedure for administering and
collecting the fees from the sources described in clause (3);
and
(5) an estimate of revenue that would be generated by the
fees.
(b) The agency shall submit implementation recommendations
to the commissioner of natural resources by December 1, 1991.
Sec. 22. [LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES
PARTICIPATION.]
The commissioners of natural resources and pollution
control agency shall include the preparation of the plans
required for the implementation of the Minnesota releaf program
as part of the tree and shrub planting project funded in article
1, section 14. In compliance with article 1, section 14, an
amended work plan for the tree and shrub planting project
including the Minnesota releaf plans shall be submitted to the
legislative commission on Minnesota resources for approval.
Sec. 23. Minnesota Statutes 1990, section 92.67,
subdivision 1, is amended to read:
Subdivision 1. [SALE REQUIREMENT.] Notwithstanding section
92.45 or any other law, at the request of a lessee or as
otherwise provided in this section, the commissioner of natural
resources shall sell state property bordering public waters that
is leased for the purpose of a private cabin under section
92.46. Requests for sale must be made prior to December 31,
1992, and the commissioner shall complete all requested sales
and sales arising from those requests by December 31, 1993 1994,
subject to subdivision 3, clause (d). The sale shall be made in
accordance with laws providing for the sale of trust fund land
except as modified by the provisions of this section. In 1990
and 1991 a request for sale may be withdrawn by a lessee at any
time more than ten days before the day set for a sale. Property
withdrawn from sale by its lessee is not subject to sale under
this section until the lessee makes another request. Property
withdrawn from sale shall continue to be governed by other law.
Sec. 24. Minnesota Statutes 1990, section 97A.075,
subdivision 2, is amended to read:
Subd. 2. [MINNESOTA MIGRATORY WATERFOWL STAMP.] The
commissioner may use the revenue from the Minnesota migratory
waterfowl stamps for:
(1) development of wetlands in the state and designated
waterfowl management lakes for maximum migratory waterfowl
production including the construction of dikes, water control
structures and impoundments, nest cover, rough fish barriers,
acquisition of sites and facilities necessary for development
and management of existing migratory waterfowl habitat and the
creation of migratory waterfowl management lakes;
(2) protection and propagation management of migratory
waterfowl;
(3) development, restoration, maintenance, or preservation
of migratory waterfowl habitat;
(4) acquisition of and access to structure sites; and
(5) necessary related administrative costs not to exceed
ten percent of the annual revenue.
Sec. 25. Minnesota Statutes 1990, section 97A.015,
subdivision 53, is amended to read:
Subd. 53. [UNPROTECTED WILD ANIMALS.] "Unprotected wild
animals" means wild animals that are not protected wild animals
including weasel, coyote (brush wolf), gopher, porcupine, skunk,
and civet cat, and unprotected birds.
Sec. 26. Minnesota Statutes 1990, section 97A.141, is
amended by adding a subdivision to read:
Subd. 4. [COOPERATION WITH METROPOLITAN GOVERNMENTAL
UNITS.] Local units of government owning lands adjacent to
public waters within the seven-county metropolitan area shall
cooperate with the commissioner to use those lands for public
access purposes when identified by the commissioner under
subdivision 1. If cooperation does not occur, the commissioner
may use condemnation authority under this section to acquire an
interest in the local government lands for public access
purposes.
Sec. 27. Minnesota Statutes 1990, section 97A.325,
subdivision 2, is amended to read:
Subd. 2. [DEER; BEAR; MOOSE; ELK; CARIBOU.] Except as
provided in subdivision 1, a person that violates a provision of
the game and fish laws relating to buying or selling deer, bear,
moose, elk, or caribou is guilty of a gross misdemeanor.
Sec. 28. Minnesota Statutes 1990, section 97A.431,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] Persons eligible for a moose
license shall be determined under this section and
commissioner's order. A person is eligible for a moose license
only if the person:
(1) is a resident;
(2) is at least age 16 before the season opens; and
(3) has not been issued a moose license for any of the last
five seasons or after January 1, 1991.
Sec. 29. Minnesota Statutes 1990, section 97A.435,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] Persons eligible for a turkey
license shall be determined by this section and commissioner's
order. A person is eligible for a turkey license only if the
person is a resident and at least age 16 before the season opens
or possesses a firearms safety certificate.
Sec. 30. Minnesota Statutes 1990, section 97A.475,
subdivision 2, is amended to read:
Subd. 2. [RESIDENT HUNTING.] Fees for the following
licenses, to be issued to residents only, are:
(1) for persons under age 65 to take small game, $10;
(2) for persons age 65 or over, $5;
(3) to take turkey, $14 $16;
(4) to take deer with firearms, $22;
(5) family license to take deer with firearms, $84;
(6) to take deer by archery, $22;
(7) (6) to take moose, for a party of not more than four
six persons, $275;
(8) (7) to take bear, $33; and
(9) (8) to take elk, for a party of not more than two
persons, $220; and
(9) to take antlered deer in more than one zone, $44.
Sec. 31. Minnesota Statutes 1990, section 97A.475,
subdivision 3, is amended to read:
Subd. 3. [NONRESIDENT HUNTING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take small game, $56;
(2) to take deer with firearms, $110;
(3) to take deer by archery, $110;
(4) to take bear, $165;
(5) to take turkey, $33 $56; and
(6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50.
Sec. 32. Minnesota Statutes 1990, section 97A.475,
subdivision 7, is amended to read:
Subd. 7. [NONRESIDENT FISHING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take fish by angling, $20 $25;
(2) to take fish by angling limited to seven consecutive
days, $16.50;
(3) to take fish by angling for three consecutive days,
$13.50;
(4) to take fish by angling for a combined license for a
family, $33.50 $35;
(5) to take fish by angling for a period of 24 hours from
the time of issuance, $5; and
(6) to take fish by angling for a combined license for a
married couple, limited to 14 consecutive days, $25.
Sec. 33. Minnesota Statutes 1990, section 97A.485,
subdivision 7, is amended to read:
Subd. 7. [COUNTY AUDITOR'S COMMISSION.] The county auditor
shall retain for the county treasury a commission of four
percent of all license fees collected by the auditor and the
auditor's subagents, excluding the small game surcharge and
issuing fees, the fishing surcharge and issuing fees, and the
license to take fish by angling for persons age 65 and over. In
addition, the auditor shall collect the issuing fees on licenses
sold by the auditor to a licensee.
Sec. 34. Minnesota Statutes 1990, section 97B.601,
subdivision 4, is amended to read:
Subd. 4. [EXCEPTION TO LICENSE REQUIREMENTS.] (a) A
resident under age 16 may take small game without a small game
license, and a resident under age 13 may trap without a trapping
license, as provided in section 97A.451, subdivision 3.
(b) A person may take small game without a small game
license on land occupied by the person as a principal residence.
(c) An owner or occupant may take certain small game
causing damage without a small game or trapping license as
provided in section 97B.655.
(d) A person may use dogs to pursue and tree raccoons under
section 97B.621, subdivision 2, during the closed season without
a license.
(e) A person may take turkey without a small game license.
Sec. 35. Minnesota Statutes 1990, section 97B.721, is
amended to read:
97B.721 [LICENSE REQUIRED TO TAKE TURKEY.]
A person may not take turkey without a small game license
and a turkey license.
Sec. 36. Minnesota Statutes 1990, section 103B.321,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The board shall:
(1) develop guidelines for the contents of comprehensive
water plans that provide for a flexible approach to meeting the
different water and related land resources needs of counties and
watersheds across the state;
(2) coordinate assistance of state agencies to counties and
other local units of government involved in preparation of
comprehensive water plans, including identification of pertinent
data and studies available from the state and federal
government;
(3) conduct an active program of information and education
concerning the requirements and purposes of sections 103B.301 to
103B.355 in conjunction with the association of Minnesota
counties;
(4) determine contested cases under section 103B.345;
(5) establish a process for review of comprehensive water
plans that assures the plans are consistent with state law; and
(6) report to the legislative commission on Minnesota
resources as required by section 103B.351; and
(7) make grants to counties for comprehensive local water
planning, implementation of priority actions identified in
approved plans, and sealing of abandoned wells.
Sec. 37. Minnesota Statutes 1990, section 116.07,
subdivision 4d, is amended to read:
Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit
fees in amounts not greater than those necessary to cover the
reasonable costs of reviewing and acting upon applications for
agency permits and implementing and enforcing the conditions of
the permits pursuant to agency rules. Permit fees shall not
include the costs of litigation. The agency shall adopt rules
under section 16A.128 establishing the amounts and methods of
collection of any permit fees collected under this subdivision.
Any money collected under this subdivision paragraph shall be
deposited in the special revenue account.
(b) Notwithstanding paragraph (a), and section 16A.128,
subdivision 1, the agency shall collect an annual fee from the
owner or operator of all stationary sources, emission
facilities, emissions units, air contaminant treatment
facilities, treatment facilities, potential air contaminant
storage facilities, or storage facilities subject to the
requirement to obtain a permit under Title V of the federal
Clean Air Act Amendments of 1990, Public Law Number 101-549,
Statutes at Large, volume 104, pages 2399 et seq., or section
116.081. The annual fee shall be used to pay for all direct and
indirect reasonable costs, including attorney general costs,
required to develop and administer the permit program
requirements of Title V of the federal Clean Air Act Amendments
of 1990, Public Law Number 101-549, Statutes at Large, volume
104, pages 2399 et seq., and sections of this chapter and the
rules adopted under this chapter related to air contamination
and noise. Those costs include the reasonable costs of
reviewing and acting upon an application for a permit;
implementing and enforcing statutes, rules, and the terms and
conditions of a permit; emissions, ambient, and deposition
monitoring; preparing generally applicable regulations;
responding to federal guidance; modeling, analyses, and
demonstrations; preparing inventories and tracking emissions;
providing information to the public about these activities; and,
after June 30, 1992, the costs of acid deposition monitoring
currently assessed under section 116C.69, subdivision 3.
(c) The agency shall adopt fee rules in accordance with the
procedures in section 16A.128, subdivisions 1a and 2a, that will
result in the collection, in the aggregate, from the sources
listed in paragraph (b), of the following amounts:
(1) in fiscal years 1992 and 1993, the amount appropriated
by the legislature from the air quality account in the
environmental fund for the agency's air quality program; and
(2) for fiscal year 1994 and thereafter, an amount not less
than $25 per ton of each volatile organic compound; pollutant
regulated under United States Code, title 42, section 7411 or
7412 (section 111 or 112 of the federal Clean Air Act);
pollutant regulated under Minnesota Rules, chapter 7005; and
each pollutant, except carbon monoxide, for which a national or
state primary ambient air quality standard has been promulgated.
The agency must not include in the calculation of the aggregate
amount to be collected under the fee rules any amount in excess
of 4,000 tons per year of each air pollutant from a source.
(d) To cover the reasonable costs described in paragraph
(b), the agency shall provide in the rules promulgated under
paragraph (c) for an increase in the fee collected in each year
beginning after 1990 by the percentage, if any, by which the
Consumer Price Index for the most recent calendar year ending
before the beginning of the year the fee is collected exceeds
the Consumer Price Index for the calendar year 1989. For
purposes of this paragraph the Consumer Price Index for any
calendar year is the average of:
(1) the Consumer Price Index for all-urban consumers
published by the United States Department of Labor, as of the
close of the 12-month period ending on August 31 of each
calendar year; and
(2) the revision of the Consumer Price Index that is most
consistent with the Consumer Price Index for calendar year 1989.
(e) Any money collected under paragraphs (b) to (d) must be
deposited in an air quality account in the environmental fund
and must be used solely for the activities listed in paragraph
(b).
(f) The agency shall adopt the fee rules for this
subdivision by September 1, 1991.
Sec. 38. [REPORT.]
The pollution control agency shall report to the
legislature by December 30, 1992, on the following:
(1) the basis on which air emission fees are assessed for
each pollutant;
(2) the basis on which air emission fees are distributed
among various emission sources;
(3) how the scope and costs of Minnesota air emission fees
and air quality programs compare to neighboring states; and
(4) the allocation of air emission fees among various
programs within the air quality division.
Sec. 39. Minnesota Statutes 1990, section 116P.05, is
amended to read:
116P.05 [LEGISLATIVE COMMISSION ON MINNESOTA RESOURCES.]
Subdivision 1. [MEMBERSHIP.] (a) A legislative commission
on Minnesota resources of 16 members is created, consisting of
the chairs of the house and senate committees on environment and
natural resources or designees appointed for the terms of the
chairs, the chairs of the house appropriations and senate
finance committees or designees appointed for the terms of the
chairs, six members of the senate appointed by the subcommittee
on committees of the committee on rules and administration, and
six members of the house appointed by the speaker. The
commission shall develop a budget plan for expenditures from the
trust fund and shall adopt a strategic plan as provided in
section 116P.08.
(b) The commission shall recommend expenditures to the
legislature from the Minnesota future resources account under
section 116P.13. At least two members from the senate and two
members from the house must be from the minority caucus.
Members are entitled to reimbursement for per diem expenses plus
travel expenses incurred in the services of the commission.
(c) (b) Members shall appoint a chair who shall preside and
convene meetings as often as necessary to conduct duties
prescribed by this chapter.
(d) (c) Members shall serve on the commission until their
successors are appointed.
(e) (d) Vacancies occurring on the commission shall not
affect the authority of the remaining members of the commission
to carry out their duties, and vacancies shall be filled in the
same manner under paragraph (a).
Subd. 2. [DUTIES.] (a) The commission shall recommend a
budget plan for expenditures from the environment and natural
resources trust fund and shall adopt a strategic plan as
provided in section 116P.08.
(b) The commission shall recommend expenditures to the
legislature from the Minnesota future resources fund under
section 116P.13.
(f) (c) The commission may adopt bylaws and operating
procedures to fulfill their duties under sections 116P.01 to
116P.13.
Sec. 40. Minnesota Statutes 1990, section 116P.06, is
amended to read:
116P.06 [ADVISORY COMMITTEE.]
Subdivision 1. [MEMBERSHIP.] (a) An advisory committee of
11 citizen members shall be appointed by the governor to advise
the legislative commission on Minnesota resources on project
proposals to receive funding from the trust fund and the
development of budget and strategic plans. The governor shall
appoint at least one member from each congressional district.
The governor shall appoint the chair.
(b) The governor's appointees must be confirmed with the
advice and consent of the senate. The membership terms,
compensation, removal, and filling of vacancies for citizen
members of the advisory committee are governed by section
15.0575.
Subd. 2. [DUTIES.] (a) The advisory committee shall:
(1) prepare and submit to the commission a draft strategic
plan to guide expenditures from the trust fund;
(2) review the reinvest in Minnesota program during
development of the draft strategic plan;
(3) gather input from the resources congress during
development of the draft strategic plan;
(4) advise the commission on project proposals to receive
funding from the trust fund; and
(5) advise the commission on development of the budget plan.
(b) The advisory committee may review all project proposals
for funding and may make recommendations to the commission on
whether the projects:
(1) meet the standards and funding categories set forth in
sections 116P.01 to 116P.12;
(2) duplicate existing federal, state, or local projects
being conducted within the state; and
(3) are consistent with the most recent strategic plan
adopted by the commission.
Sec. 41. Minnesota Statutes 1990, section 116P.07, is
amended to read:
116P.07 [RESOURCES CONGRESS.]
The commission must convene a resources congress at least
once every biennium and shall develop procedures for the
congress. The congress must be open to all interested
individuals. The purpose of the congress is to collect public
input necessary to allow the commission, with the advice of the
advisory committee, to develop a strategic plan to guide
expenditures from the trust fund. The congress also may be
convened to receive and review reports on trust fund
projects. The congress shall also review the reinvest in
Minnesota program.
Sec. 42. Minnesota Statutes 1990, section 116P.08,
subdivision 3, is amended to read:
Subd. 3. [STRATEGIC PLAN REQUIRED.] (a) The commission
shall adopt a strategic plan for making expenditures from the
trust fund, including identifying the priority areas for funding
for the next six years. The reinvest in Minnesota program must
be reviewed by the advisory committee, resources congress, and
commission during the development of the strategic plan. The
strategic plan must be updated every two years. The plan is
advisory only. The commission shall submit the plan, as a
recommendation, to the house of representatives appropriations
and senate finance committees by January 1 of each odd-numbered
year.
(b) The advisory committee shall work with the resources
congress to develop a draft strategic plan to be submitted to
the commission for approval. The commission shall develop the
procedures for the resources congress.
(c) The commission may accept or modify the draft of the
strategic plan submitted to it by the advisory committee before
voting on the plan's adoption.
Sec. 43. Minnesota Statutes 1990, section 116P.08,
subdivision 4, is amended to read:
Subd. 4. [BUDGET PLAN.] (a) Funding may be provided only
for those projects that meet the categories established in
subdivision 1.
(b) Projects submitted to the commission for funding may be
referred to the advisory committee for recommendation, except
that research proposals first must be reviewed by the peer
review panel. The advisory committee may review all project
proposals for funding and may make recommendations to the
commission on whether:
(1) the projects meet the standards and funding categories
set forth in sections 116P.01 to 116P.12;
(2) the projects duplicate existing federal, state, or
local projects being conducted within the state; and
(3) the projects are consistent with the most recent
strategic plan adopted by the commission.
(c) The commission must adopt a budget plan to make
expenditures from the trust fund for the purposes provided in
subdivision 1. The budget plan must be submitted to the
governor for inclusion in the biennial budget and supplemental
budget submitted to the legislature.
(d) Money in the trust fund may not be spent except under
an appropriation by law.
Sec. 44. Minnesota Statutes 1990, section 116P.09,
subdivision 2, is amended to read:
Subd. 2. [LIAISON OFFICERS.] The commission shall request
each department or agency head of all state agencies with a
direct interest and responsibility in any phase of environment
and natural resources to appoint, and the latter shall appoint
for the agency, a liaison officer who shall work closely with
the commission and its staff. The designated liaison officer
shall attend all meetings of the advisory committee to provide
assistance and information to committee members when necessary.
Sec. 45. Minnesota Statutes 1990, section 116P.09,
subdivision 4, is amended to read:
Subd. 4. [PERSONNEL.] Persons who are employed by a state
agency to work on a project and are paid by an appropriation
from the trust fund or Minnesota future resources account fund
are in the unclassified civil service, and their continued
employment is contingent upon the availability of money from the
appropriation. When the appropriation has been spent, their
positions must be canceled and the approved complement of the
agency reduced accordingly. Part-time employment of persons for
a project is authorized.
Sec. 46. Minnesota Statutes 1990, section 116P.09,
subdivision 7, is amended to read:
Subd. 7. [REPORT REQUIRED.] The commission shall, by July
1 January 15 of each even-numbered odd-numbered year, submit a
report to the governor, the chairs of the house appropriations
and senate finance committees, and the chairs of the house and
senate committees on environment and natural resources. Copies
of the report must be available to the public. The report must
include:
(1) a copy of the current strategic plan;
(2) a description of each project receiving money from the
trust fund and Minnesota future resources account fund during
the preceding two years biennium;
(3) a summary of any research project completed in the
preceding two years biennium;
(4) recommendations to implement successful projects and
programs into a state agency's standard operations;
(5) to the extent known by the commission, descriptions of
the projects anticipated to be supported by the trust fund and
Minnesota future resources account during the next two years
biennium;
(6) the source and amount of all revenues collected and
distributed by the commission, including all administrative and
other expenses;
(7) a description of the trust fund's assets and
liabilities of the trust fund and the Minnesota future resources
fund;
(8) any findings or recommendations that are deemed proper
to assist the legislature in formulating legislation;
(9) a list of all gifts and donations with a value over
$1,000; and
(10) a comparison of the amounts spent by the state for
environment and natural resources activities through the most
recent fiscal year; and
(11) a copy of the most recent certified financial and
compliance audit.
Sec. 47. [GLENDALOUGH STATE PARK.]
Subdivision 1. [85.012] [Subd. 23a.] [GLENDALOUGH STATE
PARK.] Glendalough state park is established in Otter Tail
county.
Subd. 2. [ACQUISITION.] The commissioner of natural
resources is authorized to acquire by gift or purchase the lands
for Glendalough state park. The commissioner shall give
emphasis to the management of wildlife within the park and shall
interpret these management activities for the public. Except as
otherwise provided in this subdivision, all lands acquired for
Glendalough state park shall be administered in the same manner
as provided for other state parks and shall be perpetually
dedicated for that use.
Subd. 3. [PAYMENT IN LIEU OF TAXES FOR PRIVATE TRACTS.] (a)
If a tract or lot or privately owned land is acquired for
inclusion within Glendalough state park and, as a result of the
acquisition, taxes are no longer assessed against the tract or
lot or improvements on the tract or lot, the following amount
shall be paid by the commissioner of natural resources to Otter
Tail county for distribution to the taxing districts:
(1) in the first year after taxes are last required to be
paid on the property, 55 percent of the last required payment;
(2) in the second year after taxes are last required to be
paid on the property, 40 percent of the last required payment;
and
(3) in the third year after taxes are last required to be
paid on the property, 20 percent of the last required payment.
(b) The commissioner shall make the payments from money
appropriated for state park maintenance and operation. The
county auditor shall certify to the commissioner of natural
resources the total amount due to a county on or before March 30
of the year in which money must be paid under this section.
Money received by a county under this subdivision shall be
distributed to the various taxing districts in the same
proportion as the levy on the property in the last year taxes
were required to be paid on the property.
Subd. 4. [BOUNDARIES.] The following described lands are
located within the boundaries of Glendalough state park:
Government Lots 3 and 4 and that part of Lake Emma and its
lake bed lying in Section 7; all of Section 18; Government Lot
1, the Northeast Quarter of the Northwest Quarter and the
Southwest Quarter of the Northwest Quarter of Section 19; all in
Township 133 North, Range 39 West.
All of Section 13; Government Lots 1 and 2, the West Half
of the Southeast Quarter, the Northeast Quarter and the
Southwest Quarter of Section 14; Government Lots 1 and 2, the
East 66 feet of the West Half of the Southeast Quarter and the
Northeast Quarter of Section 23; Government Lots 1, 2, 3, 4, 5,
6, and 8, the Northwest Quarter of the Northwest Quarter, the
East Half of the Southeast Quarter of Section 24; that part of
Government Lot 7 of Section 24 lying easterly of the following
described line: commencing at the northeast corner of
Government Lot 1 of Section 25, Township 133 North, Range 40
West; thence North 89 degrees 22 minutes 29 seconds West on an
assumed bearing along the north line of said Section 25 a
distance of 75.00 feet to the point of beginning; thence on a
bearing of North 37 feet, more or less, to the shoreline of
Molly Stark Lake and there terminating; that part of Government
Lot 1 of Section 25 lying northerly of County State Aid Highway
No. 16 and westerly of the following described line: commencing
at the northeast corner of said Government Lot 1; thence on an
assumed bearing of South along the east line of said Government
Lot 1 a distance of 822.46 feet; thence North 77 degrees 59
minutes 14 seconds West 414.39 feet to the point of beginning;
thence North 04 degrees 28 minutes 54 seconds East 707 feet,
more or less, to the shoreline of Molly Stark Lake and there
terminating; the westerly 50 feet except the northerly 643.5
feet of Government Lot 1 of Section 25; Government Lot 1 of
Section 26 except the easterly 50 feet of the northerly 643.5
feet; all in Township 133 north, Range 40 West.
Sec. 48. [REPEALER.]
Minnesota Statutes 1990, section 116.86, is repealed.
Sec. 49. [EFFECTIVE DATE.]
Sections 15 and 16 are effective October 1, 1991. Sections
30, 31, and 32 are effective for the licensing year beginning
March 1, 1992, and for each licensing year thereafter.
ARTICLE 3
AGRICULTURE
Section 1. [17.107] [FARM EQUIPMENT SAFETY AND MAINTENANCE
PROGRAM FOR YOUTH.]
Subdivision 1. [PROGRAM COORDINATION.] The Minnesota
extension service, in cooperation with the commissioner of
agriculture, shall implement a voluntary farm equipment safety
program for training and certifying rural youth. The program
must be designed to teach young operators to safely maintain and
operate tractors and other farm implements. The extension
service shall maintain records adequate to verify the names and
addresses of students certified by the safety program.
Subd. 2. [INSTRUCTOR DEVELOPMENT.] Not later than August
1, 1991, the Minnesota extension service shall design a program
for the recruitment and development of qualified instructors for
the youth farm equipment safety program created under
subdivision 1.
Subd. 3. [PAYMENT TO INSTRUCTORS.] From within public or
nonpublic funds made available for the youth farm equipment
safety program created under subdivision 1, the commissioner of
agriculture may make payments of $25 per student to qualified
instructors on a per-student basis.
Sec. 2. Minnesota Statutes 1990, section 18.46,
subdivision 6, is amended to read:
Subd. 6. [NURSERY STOCK GROWER.] A nursery operator: A "
Nursery operator is any stock grower" means a person who owns,
leases, manages, or is in charge of a nursery.
Sec. 3. Minnesota Statutes 1990, section 18.46,
subdivision 9, is amended to read:
Subd. 9. [NURSERY STOCK DEALER.] A dealer: A "Nursery
stock dealer is any" means a person who obtains nursery stock
for the purpose of sale or distribution and includes any person
who sells and distributes for more than one nursery operator
stock grower. A person who purchases more than half of the
nursery stock offered for sale at a sales location during the
current certificate year shall be considered a nursery stock
dealer rather than a nursery operator stock grower for the
purposes of determining a proper fee schedule.
Sec. 4. Minnesota Statutes 1990, section 18.46, is amended
by adding a subdivision to read:
Subd. 9a. [LANDSCAPER.] "Landscaper" is a nursery stock
dealer who obtains certified nursery stock for immediate sale,
distribution, or installation and who does not grow or maintain
nursery stock for resale.
Sec. 5. Minnesota Statutes 1990, section 18.49,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATE.] It is unlawful for a person to
sell or distribute nursery stock to a nursery stock dealer or
nursery operator stock grower who does not have a
valid certificate of inspection grower's or dealer's certificate.
Sec. 6. Minnesota Statutes 1990, section 18.51, is amended
to read:
18.51 [NURSERY STOCK GROWER'S CERTIFICATE OF INSPECTION.]
Subdivision 1. [CERTIFICATE REQUIRED.] Each nursery
operator stock grower shall obtain a nursery stock grower's
certificate of inspection from the commissioner. Said
certificate shall be obtained before offering nursery stock for
sale or distribution. Each certificate shall expire on November
15 December 31 of each year.
Subd. 2. [FEES; PENALTY.] A nursery operator stock grower
shall pay an annual fee before the commissioner shall issue a
certificate of inspection. This fee shall be based on the area
of all of the operator's nursery stock grower's nurseries as
follows:
Nurseries:
(1) 1/2 acre or less $40 $70 per nursery operator
stock grower
(2) Over 1/2 acre to and
including 2 acres $60 $85 per nursery operator
stock grower
(3) Over 2 acres to and
including 10 acres $125 $150 per nursery operator
stock grower
(4) Over 10 acres to and
including 50 acres $360 $400 per nursery operator
stock grower
(5) Over 50 acres $725 per nursery operator
stock grower for the first
50 acres and $1 per acre
for each additional acre
In addition to the above fees, A minimum penalty of $10 or
25 percent of the fee due, whichever is greater, shall be
charged for any application for renewal not received by January
1 of the year following expiration of a certificate.
Sec. 7. Minnesota Statutes 1990, section 18.52,
subdivision 1, is amended to read:
Subdivision 1. [CERTIFICATES REQUIRED.] A dealer's nursery
stock dealer certificate shall be obtained by every nursery
stock dealer for each location before offering nursery stock for
sale or distribution unless the nursery stock dealer holds a
valid greenhouse or nursery operator's stock grower's
certificate either of which will permit a single sales
location. This certificate or a duplicate thereof shall be
displayed in a prominent manner at each place where nursery
stock is offered for sale. A certificate to sell or distribute
certified nursery stock may be obtained by a nursery stock
dealer or by an agent through a principal, from the
commissioner. The commissioner may refuse to issue a dealer's
nursery stock dealer or agent's agent certificate for cause.
Sec. 8. Minnesota Statutes 1990, section 18.52,
subdivision 5, is amended to read:
Subd. 5. [FEES; PENALTY.] A nursery stock dealer shall pay
an annual fee based on the dealer's gross sales during the
preceding certificate year. A nursery stock dealer operating
for the first year will pay the minimum fee.
Dealers:
(1) Gross sales up to at a location
$1,000 $5,000 $40 $70 per location
(2) Gross sales over $1,000 at a location
and up to $5,000 $50 per location
(3) Gross sales over $5,000 at a location
up to $10,000 $85 $100 per location
(4) (3) Gross sales over $10,000 at a location
up to $25,000 $125 $200 per location
(5) (4) Gross sales over $25,000 at a location
up to $75,000 $175 $300 per location
(6) (5) Gross sales over $75,000 at a location
up to $100,000 $260 $400 per location
(7) (6) Gross sales over $100,000 at a location
up to $250,000 $400 $500 per location
(7) Gross sales over $250,000 at a location
$600 per location
In addition to the above fees, a minimum penalty of $10 or
25 percent of the fee due, whichever is greater, shall be
charged for any application for renewal not received by January
1 of the year following expiration of a certificate.
Sec. 9. Minnesota Statutes 1990, section 18.54,
subdivision 2, is amended to read:
Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The
commissioner shall have the authority to provide special
services such as virus disease-free certification and other
similar programs. Participation by nursery operators stock
growers shall be voluntary. Plants offered for sale as
certified virus-free must be grown according to certain
procedures in a manner defined by the commissioner for the
purpose of eliminating viruses and other injurious disease or
insect pests. The commissioner shall collect reasonable fees
from participating nursery operators stock growers for services
and materials that are necessary to conduct this type of work,
as provided in section 16A.128.
Sec. 10. Minnesota Statutes 1990, section 18.55, is
amended to read:
18.55 [RECIPROCITY WITH OTHER STATES.]
Subdivision 1. [OUT-OF-STATE NURSERY OPERATOR STOCK
GROWER, DEALER, OR AGENT.] A nursery operator stock grower,
dealer, or agent from another state which issues certificates to
nursery operators stock growers, dealers, or agents of Minnesota
on the same or similar basis as to nursery operators stock
growers, dealers, or agents of such state may operate in
Minnesota upon complying with the plant pest act without
procuring a Minnesota certificate. Any person from another
state shipping nursery stock into Minnesota shall be accorded
treatment similar to that which is required of Minnesota nursery
operators stock growers, dealers, or agents who ship or sell
nursery stock in such state. No reciprocity shall be extended
under this section until the commissioner has first determined
which states issue certificates to nursery operators stock
growers, dealers, or agents of Minnesota on the same or similar
basis as to nursery operators stock growers, dealers, or agents
of such states.
Subd. 2. [FILING OUT-OF-STATE CERTIFICATES OF INSPECTION.]
Each out-of-state nursery operator stock grower or dealer whose
nursery stock is sold, offered for sale, or distributed within
this state shall file a certified current copy of an
out-of-state certificate in the office of the commissioner. The
commissioner may accept, in lieu of such individual
certificates, a certified list of current certified nursery
operators stock growers or dealers from the regulatory agency
having jurisdiction in the state of origin, and may distribute
such lists to persons in the state of Minnesota requesting
them. The commissioner also may supply certified lists of
certified Minnesota nursery operators stock growers and dealers
offering nursery stock for sale in Minnesota and other states on
request of any person. If any certified nursery operator stock
grower or dealer has violated any provisions of the plant pest
act, the filed certificate will be voided or the nursery
operator's person's name will be stricken from the appropriate
certified list.
Sec. 11. Minnesota Statutes 1990, section 18.56, is
amended to read:
18.56 [TAGS.]
A tag bearing a reasonable facsimile of the nursery stock
grower or dealer certificate of inspection shall be attached to
every package or bundle of nursery stock sold or transported by
any person. The form of each tag shall be approved by the
commissioner before being used.
Sec. 12. Minnesota Statutes 1990, section 18.57, is
amended to read:
18.57 [CARRIERS NOT TO ACCEPT UNTAGGED STOCK.]
All carriers for hire, including railroad companies,
express companies and truck lines shall not accept nursery stock
which is not tagged with a valid tag of the nursery stock grower
or dealer making the shipment. The carrier shall promptly
notify the commissioner regarding any prohibited shipment.
Sec. 13. Minnesota Statutes 1990, section 18.60, is
amended to read:
18.60 [PENALTIES.]
Subdivision 1. [CERTIFICATE MAY BE REVOKED REVOCATION.] In
addition to or in lieu of administrative penalties under
subdivision 2, the certificate of any person violating any of
the provisions of the plant pest act may be suspended or revoked
by the commissioner upon five days notice and opportunity to be
heard.
Subd. 2. [MISDEMEANOR ADMINISTRATIVE PENALTY.] Any person
violating any of the provisions of the plant pest act, or any
rule promulgated thereunder shall be guilty of a
misdemeanor. The commissioner may impose an administrative
penalty on a person who violates sections 18.44 to 18.61. For a
first violation, the commissioner may impose an administrative
penalty of not more than $1,000 for each violation. For a
second or succeeding violation, the commissioner may impose an
administrative penalty of not more than $1,500 for each
violation. Each day a violation continues is a separate
violation. In determining the amount of the administrative
penalty to be assessed under this section, the commissioner
shall consider the gravity of the offense, the size of the
business involved, and the effect of the penalty on the person's
ability to continue in business.
Subd. 3. [APPEAL.] A person adversely affected by an act,
order, or ruling made under this section, or a rule adopted
under the plant pest act, may appeal under chapter 14.
Sec. 14. Minnesota Statutes 1990, section 27.19,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED ACTS.] (a) A person subject to
the provisions of this section and sections 27.01 to 27.15 may
not:
(1) operate or advertise to operate as a dealer at
wholesale without a license;
(2) make any false statement or report as to the grade,
condition, markings, quality, or quantity of produce, as defined
in section 27.069, received or delivered, or act in any manner
to deceive a consignor or purchaser;
(3) refuse to accept a shipment contracted for by the
person, unless the refusal is based upon the showing of a state
inspection certificate secured with reasonable promptness after
the receipt of the shipment showing that the kind and quality of
produce, as defined in section 27.069, is other than that
purchased or ordered by the person;
(4) fail to account or make a settlement for produce within
the required time;
(5) violate or fail to comply with the terms or conditions
of a contract entered into by the person for the purchase or
sale of produce;
(6) purchase for a person's own account any produce
received on consignment, either directly or indirectly, without
the consent of the consignor;
(7) issue a false or misleading market quotation, or cancel
a quotation during the period advertised by the person;
(8) increase the sales charges on produce shipped to the
person by means of "dummy" or fictitious sales;
(9) receive decorative forest products and the products of
farms and waters from foreign states or countries for sale or
resale, either within or outside of the state, and give the
purchaser the impression, through any method of advertising or
description, that the produce is of Minnesota origin;
(10) fail to notify in writing all suppliers of produce of
the protection afforded to suppliers by the person's licensee
bond, including: availability of a bond, notice requirements,
and any other conditions of the bond;
(11) make a false statement to the commissioner on an
application for license or bond or in response to written
questions from the commissioner regarding the license or bond;
(12) commit to pay and not pay in full for all produce
committed for. A processor may not pay an amount less than the
full contract price if the crop produced is satisfactory for
processing and is not harvested for reasons within the
processor's control. If the processor sets the date for
planting, bunching, unusual yields, and a processor's inability
or unwillingness to harvest must be considered to be within the
processor's control. Under this clause growers must be
compensated for passed acreage at the same rate for grade and
yield as they would have received had the crop been harvested in
a timely manner minus any contractual provision for green manure
or feed value. Both parties are excused from payment or
performance for crop conditions that are beyond the control of
the parties; or
(13) discriminate between different sections, localities,
communities, or cities, or between persons in the same
community, by purchasing produce from farmers of the same grade,
quality, and kind, at different prices, except that price
differentials are allowed if directly related to the costs of
transportation, shipping, and handling of the produce and a
person is allowed to meet the prices of a competitor in good
faith, in the same locality for the same grade, quality, and
kind of produce. A showing of different prices by the
commissioner is prima facie evidence of discrimination.
(b) A separate violation occurs with respect to each
different person involved, each purchase or transaction
involved, and each false statement.
Sec. 15. Minnesota Statutes 1990, section 28A.08, is
amended to read:
28A.08 [LICENSE FEES; PENALTIES.]
License fees, penalties for late renewal of licenses, and
penalties for not obtaining a license before conducting business
in food handling that are set in this section apply to the
sections named except as provided under section 28A.09. Except
as specified herein, bonds and assessments based on number of
units operated or volume handled or processed which are provided
for in said laws shall not be affected, nor shall any penalties
for late payment of said assessments, nor shall inspection fees,
be affected by this chapter. The late penalty penalties may be
waived by the commissioner.
Penalties
Type of food handler License Late No
Fee Renewal License
1. Retail food handler
(a) Having gross sales of only
prepackaged nonperishable food
of less than $50,000 $15,000 for
the immediately previous $ 40 $ 15 $ 25
license or fiscal year and
filing a statement with the
commissioner
(b) Having under $15,000 gross
sales including food preparation
or having $15,000 to $50,000
gross sales for the immediately
previous license or fiscal year $ 55 $ 15 $ 25
(b) (c) Having $50,000 to $250,000
gross sales for the immediately $ 75 $ 25 $ 25
previous license or fiscal year $105 $ 35 $ 75
(c) (d) Having $250,000 to
$1,000,000 gross sales for the
immediately previous license or $125 $ 50 $ 50
fiscal year $180 $100
(d) (e) Having over $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or $250 $ 75 $100
fiscal year $500 $100 $175
(f) Having $5,000,000 to
$10,000,000 gross sales for the
immediately previous license or
fiscal year $700 $150 $300
(g) Having over $10,000,000
gross sales for the immediately
previous license or fiscal year $800 $200 $350
2. Wholesale food handler
(a) Having gross sales or
service of less than $250,000
for the immediately previous $100 $ 25 $ 50
license or fiscal year $200 $ 50 $100
(b) Having $250,000 to
$1,000,000 gross sales or
service for the immediately $150 $ 38 $ 75
previous license or fiscal year $400 $100 $200
(c) Having over $1,000,000
to $5,000,000 gross sales or
service for the immediately $200 $ 50 $100
previous license or fiscal year $500 $125 $250
(d) Having over $5,000,000
gross sales for the immediately
previous license or fiscal year $575 $150 $300
3. Food broker $ 75 $ 25 $ 25
$100 $ 30 $ 50
4. Wholesale food processor
or manufacturer
(a) Having gross sales of less
than $250,000 for the immediately $200 $ 50 $ 75
previous license or fiscal year $275 $ 75 $150
(b) Having $250,000 to $1,000,000
gross sales for the immediately $275 $ 75 $100
previous license or fiscal year $400 $100 $200
(c) Having over $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or $375 $100 $125
fiscal year $500 $125 $250
(d) Having over $5,000,000
gross sales for the immediately
previous license or fiscal year $575 $150 $300
5. Wholesale food processor of
meat or poultry products
under supervision of the
U. S. Department of Agriculture
(a) Having gross sales of less
than $250,000 for the immediately $100 $ 25 $ 38
previous license of or fiscal $150 $ 50 $ 75
year
(b) Having $250,000 to $1,000,000
gross sales for the immediately $150 $ 50 $ 45
previous license or fiscal year $225 $ 75 $125
(c) Having over $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or $175 $ 50 $ 53
fiscal year $275 $ 75 $150
(d) Having over $5,000,000
gross sales for the immediately
previous license or fiscal year $325 $100 $175
6. Wholesale food manufacturer
having the permission of the
commissioner to use the name
Minnesota farmstead cheese $ 30 $ 10 $ 15
7. Nonresident frozen dairy
manufacturer $200 $ 50 $ 75
Sec. 16. Minnesota Statutes 1990, section 29.22, is
amended to read:
29.22 [DEALERS EGG HANDLERS ANNUAL INSPECTION FEE;
DISPOSITION OF FEES.]
Subd. 2. [COMPUTATION; FEE SCHEDULE; RECORDS.] In addition
to the annual dealer's food handler's license, required under
section 28A.04, there shall be is an annual inspection fee
applicable to every person who engages in the business of buying
for resale, selling, dealing, or trading in eggs except a retail
grocer who sells eggs previously candled and graded, such. The
fee to must be computed on the basis of the number of cases of
shell eggs handled at each place of business during the month of
April of each year, providing that if said dealer or processor
is not operating during the month of April, the department shall
estimate the volume of shell eggs handled, and may revise the
fee after three months of operation. In the event that highest
volume month of each licensing year. If a given lot of eggs is
moved from one location of business to a second location of
business and provided that the dealers' food handler's license
is held by the same person at both locations, the given lot of
eggs shall must be counted in determining the volume of business
on which the inspection fee is based at the first location of
business but shall must not enter into the computation of volume
of business for the second location. For the purpose of
determining fees, a case shall be "case" means one of 30 dozen
capacity. The schedule of fees shall be is as follows:
VOLUME (30 DOZEN CASES) IN APRIL MINIMUM - MAXIMUM FEE
HIGHEST VOLUME OF CASES EACH FEE
LICENSING YEAR
1 - 100 50 $ 5 - $ 10
51 - 100 $ 25
101 - 1000 $ 10 - $ 25 $ 50
1001 - 2000 $ 25 - $ 50 $ 75
2001 - 4000 $ 50 - $ 75 $100
4001 - 6000 $ 75 - $100 $125
6001 - 8000 $100 - $125 $150
8001 - 10,000 $125 - $150 $200
OVER 10,000 $150 - $200 $250
The commissioner shall fix the annual inspection fee within
the limits set herein and may annually adjust the fee, as the
commissioner deems necessary, within those limits, to more
nearly meet the costs of inspection required to enforce the
provisions of sections 29.21 to 29.28. Each person subject to
such the inspection fee in this section shall, under the
direction of the commissioner, keep such records as may be
necessary to accurately determine the volume of shell eggs on
which the inspection fee is due and shall prepare annually a
written report of such the volume upon forms supplied by the
commissioner. This report, together with the required
inspection fee, shall must be filed with the department on or
before the last day of May of each year.
Subd. 3. [CANDLERS AND GRADERS.] The commissioner shall
have has general supervisory powers over the candlers and
graders of eggs and may conduct, in collaboration with the
institute college of agriculture and the extension service of
the University of Minnesota, an educational and training program
to improve the efficiency and quality of the work done by such
candlers.
Subd. 4. [EGG BREAKING PLANTS.] Any person engaged in the
business of breaking eggs for resale shall at all times comply
with the rules of the department in respect to the conduct
of such that business. The commissioner shall collect from each
egg breaking plant laboratory fees for routine analysis and full
reimbursement for services performed by a state inspector
assigned to that plant on a continuous basis as provided for in
under section 29.27.
Subd. 5. [DEPOSIT DISPOSITION OF FEES; APPROPRIATION.] All
fees collected, together with and all fines paid for any a
violation of any provision of sections 29.21 to 29.28 or any
rules promulgated thereunder under those sections, as well as
all license fees and penalties for late license renewal,
shall must be deposited in the state treasury, and shall be
credited to a separate account to be known as the egg law
inspection fund, which is hereby created, set aside, and
appropriated as a revolving fund to be used by the department to
help defray the expense of inspection, supervision, and
enforcement of sections 29.21 to 29.28 and shall be is in
addition to and not in substitution for the sums regularly
appropriated or otherwise made available for this purpose to the
department.
Sec. 17. Minnesota Statutes 1990, section 31.39, is
amended to read:
31.39 [ASSESSMENTS; INSPECTION SERVICES; COMMERCIAL
CANNERIES ACCOUNT.]
The commissioner is hereby authorized and directed to
collect from each commercial cannery an assessment for
inspection and services furnished, and for maintaining a
bacteriological laboratory and employing such bacteriologists
and trained and qualified sanitarians as the commissioner may
deem necessary. The assessment to be made on each commercial
cannery, for each and every packing season, shall not exceed
one-half cent per case on all foods packed, canned, or preserved
therein, nor shall the assessment in any one calendar year to
any one cannery exceed $2,500 $3,000, and the minimum assessment
to any cannery in any one calendar year shall be $100; provided,
that the amount of the annual license fee collected under
section 28A.08 shall be used to reduce the annual assessment for
that year. The commissioner shall provide appropriate
deductions from assessments for the net weight of meat, chicken,
or turkey ingredients which have been inspected and passed for
wholesomeness by the United States Department of Agriculture.
The commissioner may, when the commissioner deems it advisable,
graduate and reduce the assessment to such sum as is required to
furnish the inspection and laboratory services rendered. The
assessment made and the license fees, penalties, and other sums
so collected shall be deposited in the state treasury, as other
departmental receipts are deposited, but shall constitute a
separate account to be known as the commercial canneries
inspection account, which is hereby created, and together with
moneys now remaining in said account, set aside, and
appropriated as a revolving fund, to meet the expense of special
inspection, laboratory and other services rendered, as provided
in sections 31.31 to 31.392. The amount of such assessment
shall be due and payable on or before December 31, of each year,
and if not paid on or before February 15 following, shall bear
interest after that date at the rate of seven percent per annum,
and a penalty of ten percent on the amount of the assessment
shall also be added and collected.
Sec. 18. Minnesota Statutes 1990, section 32.394,
subdivision 8, is amended to read:
Subd. 8. [GRADE A INSPECTION FEES.] A processor or
marketing organization of milk, milk products, sheep milk, or
goat milk who wishes to market Grade A milk or use the Grade A
label must apply for Grade A inspection service from the
commissioner. A pasteurization plant requesting Grade A
inspection service must hold a Grade A permit and pay an annual
inspection fee of no more than $500. For Grade A farm
inspection service, the fee must be no more than $66 $50 per
farm, paid annually by the processor or by the marketing
organization on behalf of its patrons. For a farm requiring a
reinspection in addition to the required biannual inspections,
an additional fee of no more than $33 $25 per reinspection must
be paid by the processor or by the marketing organization on
behalf of its patrons. If the commissioner deems it necessary
to more nearly meet the cost of the service, the commissioner
may annually adjust the assessments within the limits set in
this subdivision. The Grade A farm inspection fee must not
exceed the lesser of (1) 40 percent of the department's actual
average cost per farm inspection or reinspection; or (2) the
dollar limits set in this subdivision. No fee increase may be
implemented until after the commissioner has held three or more
public hearings.
Sec. 19. Minnesota Statutes 1990, section 32.394,
subdivision 8b, is amended to read:
Subd. 8b. [MANUFACTURING GRADE FARM CERTIFICATION.] A
processor or marketing organization of milk, milk products,
sheep milk, or goat milk who wishes to market other than Grade A
milk must apply for a manufacturing grade farm certification
inspection from the commissioner. A manufacturing plant that
pasteurizes milk or milk by-products must pay an annual fee
based on the number of pasteurization units. This fee must not
exceed $140 per unit. The fee for farm certification inspection
must not be more than $33 $25 per farm to be paid annually by
the processor or by the marketing organization on behalf of its
patrons. For a farm requiring more than the one annual
inspection required for certification, an additional a
reinspection fee of no more than $33 $25 must be paid by the
processor or by the marketing organization on behalf of its
patrons. The fee must be set by the commissioner in an amount
necessary to meet cover 40 percent of the department's actual
cost of providing the service annual inspection but must not
exceed the limits in this subdivision. No fee increase may be
implemented until after the commissioner has held three or more
public hearings.
Sec. 20. Minnesota Statutes 1990, section 32.394, is
amended by adding a subdivision to read:
Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall
pay to the commissioner a fee for fluid milk processed and milk
used in the manufacture of fluid milk products sold in
Minnesota. Beginning July 1, 1991, the fee is five cents per
hundredweight. If the commissioner determines that a different
fee, not exceeding nine cents per hundredweight, when combined
with general fund appropriations and fees charged under sections
17 and 18, is needed to provide adequate funding for the Grades
A and B inspection programs, the commissioner may, by rule,
change the fee on processors.
(b) Processors must report quantities of milk processed
under paragraph (a) on forms provided by the commissioner.
Processor fees must be paid monthly. The commissioner may
require the production of records as necessary to determine
compliance with this subdivision.
Sec. 21. Minnesota Statutes 1990, section 41A.09,
subdivision 3, is amended to read:
Subd. 3. [PAYMENTS FROM ACCOUNT.] The commissioner of
revenue shall make cash payments to producers of ethanol or wet
alcohol located in the state. These payments shall apply only
to ethanol or wet alcohol fermented in the state. The amount of
the payment for each producer's annual production shall be as
follows:
(a) For each gallon of ethanol produced:
(1) For the period beginning July 1, 1986, and ending June
30, 1987, 15 cents per gallon;
(2) For the period beginning July 1, 1987, and ending June
30, 2000, 20 cents per gallon.
(b) For each gallon produced of wet alcohol during the
period beginning July 1, 1989, and ending June 30, 2000, a
payment in cents per gallon calculated by the formula "alcohol
purity in percent divided by five," and rounded to the nearest
cent per gallon, but not less than 11 cents per gallon. The
producer payment for wet alcohol under this section may be paid
to either the original producer of wet alcohol or the secondary
processor, at the option of the original producer, but not to
both.
(c) The total payments from the fund to all producers may
not exceed $200,000 during the period beginning July 1, 1986,
and ending June 30, 1987, and may not exceed $10,000,000 in any
fiscal year during the period beginning July 1, 1987, and ending
June 30, 1991, and may not exceed $4,500,000 in any fiscal year
during the period beginning July 1, 1991, and ending June 30,
2000. Total payments to any producer from the account in any
fiscal year may not exceed $3,000,000.
By the last day of October, January, April, and July, each
producer shall file a claim for payment for production during
the preceding three calendar months. The volume of production
must be verified by a certified financial audit performed by an
independent certified public accountant using generally accepted
accounting procedures.
Payments shall be made November 15, February 15, May 15,
and August 15.
Sec. 22. [137.341] [FARM SAFETY SPECIALIST POSITION.]
The Minnesota legislature finds that because the extension
service has unique opportunities for delivering health and
safety messages to farm families, the extension service is urged
to retain and, to the extent practicable, keep filled at all
times, the staff position of farm safety specialist.
Sec. 23. [137.342] [RESEARCH CENTER FOR AGRICULTURAL
HEALTH AND SAFETY.]
Subdivision 1. [CREATION.] There is created within the
division of environmental and occupational health in the
University of Minnesota school of public health and under its
direction an interagency, interdisciplinary research center for
agricultural health and safety. The center shall coordinate
funding for, and the findings of, research projects designed to
reduce injury and death from farm accidents, reduce long-term
exposure to potentially hazardous agricultural agents, and make
health care services more available to persons who suffer from
health problems related to agriculture.
Subd. 2. [FARM SAFETY ADVISORY COMMISSION.] The
commissioner of agriculture may appoint a farm safety advisory
commission to support, review, and monitor the programs and
activities of the research center for agricultural health and
safety. Appointees to the commission must represent a broad
range of interests including education, production farming,
agricultural wholesale and retail businesses, statewide farm
organizations, and manufacturers of agricultural machinery and
chemicals. The advisory commission may assist in raising funds
and developing resources for the promotion of farm safety. The
advisory commission may participate in farm safety advertising
campaigns, farm equipment safety training, and farm safety audit
programs.
SAFETY EQUIPMENT ON FARM TRACTORS
Sec. 24. [325F.6670] [EQUIPMENT REQUIRED AT TIME OF SALE.]
(a) No farm equipment dealer or other seller required to
collect an excise tax under section 297A.02 may sell a farm
tractor as defined in section 325F.6651, subdivision 2, unless,
at the time of sale, the tractor is equipped with safety
equipment as provided in paragraphs (b) and (c).
(b) If originally provided by the manufacturer, the farm
tractor must have
(1) power-take-off shields; and
(2) road transport lighting and reflector systems.
(c) Whether or not originally provided by the manufacturer,
the farm tractor must have a slow-moving vehicle sign displayed
in accordance with section 169.522.
Sec. 25. [FARM SAFETY AUDIT PILOT PROJECT.]
Subdivision 1. [FINDING.] Farming continues to be one of
the most dangerous occupations. All members of farm families
experience risks and disabling accidents at a rate much higher
than the general population of the state. A pilot project is
needed to evaluate the effectiveness of farm safety audits in
improving farm safety.
Subd. 2. [FARM SAFETY AUDIT PILOT PROJECT.] The Minnesota
extension service shall coordinate and carry out a farm safety
audit pilot project involving comprehensive farm safety audits,
performed as part of a partnership with selected township mutual
insurance companies.
Subd. 3. [REPORT.] The Minnesota extension service and the
commissioner of agriculture shall report by January 1, 1994, to
the agriculture committees of the senate and house of
representatives on the findings of the farm safety audit pilot
project.
Sec. 26. [FARM VEHICLES AND DRIVERS; PUBLIC ROAD SAFETY
RECOMMENDATIONS.]
The commissioner of public safety shall report to the
legislature by July 1, 1992, on recommendations for changes in
statute, administrative rule, or public education materials and
practices to improve public road safety related to requirements
for lighting and reflectors on farm vehicles.
Sec. 27. [PESTICIDE APPLICATOR TRAINING; EFFECTIVENESS.]
The Minnesota pesticide applicator education and training
review board shall perform an evaluation of the extent to which
the Minnesota extension service applicator training programs
have resulted in safer handling of pesticides. The commissioner
of agriculture shall report to the legislature on the findings
of the board not later than April 1, 1992.
Sec. 28. [CONTINUED LEVEL OF DAIRY FARM INSPECTIONS.]
The commissioner of agriculture must continue dairy farm
inspections at a level no lower than 1990.
Sec. 29. Laws 1987, chapter 396, article 6, section 2, is
amended to read:
Sec. 2. [17.109] [MINNESOTA GROWN MATCHING ACCOUNT.]
Subdivision 1. [ESTABLISHMENT.] The Minnesota grown
matching account is established as a separate account in the
state treasury. The account shall be administered by the
commissioner of agriculture as provided in this section.
Subd. 2. [FUNDING SOURCES.] The Minnesota grown matching
account shall consist of contributions from private sources and
appropriations.
Subd. 3. [APPROPRIATIONS MUST BE MATCHED BY PRIVATE
FUNDS.] (a) Appropriations to the Minnesota grown matching
account may be expended only to the extent that they are matched
with contributions to the account from private sources as
provided in paragraph (b) for fiscal years 1988 and 1989.
(b) Private contributions shall be matched on a basis of
four dollars $4 of the appropriation to each one dollar $1 of
private contributions. Matching funds are not available after
the appropriation is encumbered. Private contributions made
from January 1, 1987, until the end of fiscal year 1987 shall be
matched by the appropriation for fiscal year 1988. Amounts that
are not matched in fiscal year 1988 are available to be matched
in fiscal year 1989.
Subd. 4. [EXPENDITURES.] The amount in the Minnesota grown
matching account that is matched by private contributions and
the private contributions are appropriated to the commissioner
of agriculture for promotion of products using the Minnesota
grown logo and labeling.
Sec. 30. [EFFECTIVE DATE.]
Sections 1 and 22 are effective the day following final
enactment. Section 14 is effective the day following final
enactment and covers contracts for the 1991 crop year. Sections
23 and 25 are effective July 1, 1991. Section 24 is effective
October 1, 1991.
Presented to the governor May 31, 1991
Signed by the governor June 3, 1991, 9:58 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes