Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 216-H.F.No. 2150
An act relating to the organization and operation of
state government; appropriating money for
environmental, natural resource, and agricultural
purposes; providing for regulation of certain
activities and practices; providing for accounts,
assessments, and fees; amending Minnesota Statutes
1996, sections 17.03, by adding a subdivision; 17.101;
17.116, subdivisions 2 and 3; 17.4988; 17.76; 18.79,
by adding a subdivision; 18C.421, subdivision 1;
18C.425, subdivisions 1, 2, 3, and 6; 18C.531,
subdivision 2; 18C.551; 25.31; 25.32; 25.33,
subdivisions 1, 5, 6, 9, 20, and by adding
subdivisions; 25.35; 25.36; 25.37; 25.38; 25.39;
25.41, subdivision 6; 28A.08, subdivision 3; 32.103;
32.394, subdivision 11; 32.415; 41A.09, subdivision
3a; 84.027, by adding a subdivision; 84.0273; 84.0887,
subdivision 2; 84.82, subdivision 3; 84.86,
subdivision 1; 85.015, by adding subdivisions; 85.055,
by adding a subdivision; 85A.04, subdivision 4;
86A.23; 88.79, by adding a subdivision; 92.06,
subdivisions 1 and 4; 92.16, subdivision 1; 94.10,
subdivision 2; 97A.015, by adding a subdivision;
97A.028, subdivisions 1 and 3; 97A.075, subdivision 1;
97A.405, subdivision 2; 97A.415, subdivision 2;
97A.475; 97B.667; 97B.715, subdivision 1; 97B.721;
97B.801; 97C.305, subdivision 1; 97C.501, subdivision
2; 97C.801; 103C.501, subdivision 6; 103F.378,
subdivision 1; 115.03, by adding a subdivision;
115A.54, subdivision 2a; 115A.912, by adding a
subdivision; 115A.916; 115A.932, subdivision 1;
115B.02, subdivision 16, and by adding a subdivision;
115B.17, subdivisions 14, 15, and by adding
subdivisions; 115B.175, subdivisions 2 and 6a;
115B.412, subdivision 10; 115B.48, subdivisions 3 and
8; 115B.49, subdivision 4; 116.07, subdivision 4d, and
by adding a subdivision; 116.92, by adding a
subdivision; 116C.834, subdivision 2; 116O.09,
subdivisions 2, 5, and 9; 216B.2423, by adding a
subdivision; 216C.41, subdivision 1; 223.17,
subdivision 3; 300.111, by adding a subdivision; 308A.101, by adding a
subdivision; 308A.201, by adding a subdivision; 325E.10, subdivision 2,
and by adding
subdivisions; 325E.11; 325E.112, subdivision 2;
394.25, subdivision 2, and by adding a subdivision;
and 462.357, subdivision 1; Laws 1995, chapter 220,
section 19, subdivisions 4, as amended; and 11;
proposing coding for new law in Minnesota Statutes,
chapters 17; 25; 84; 92; 94; 115; 116; 219; and 394;
repealing Minnesota Statutes 1996, sections 25.34;
115A.908, subdivision 3; 115A.9523; 115B.223;
115B.224; 116.991; 116.992; and 296.02, subdivision
7a; Laws 1995, chapters 77, section 3; and 220,
section 21.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "1997," "1998," and "1999," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1997, June 30, 1998, or
June 30, 1999, respectively.
SUMMARY BY FUND
1997 1998 1999 TOTAL
General $500,000 $193,603,000 $175,725,000 $369,828,000
Petroleum Tank 3,177,000 3,227,000 6,404,000
State Government
Special Revenue 42,000 43,000 85,000
Special Revenue 11,204,000 11,209,000 22,413,000
Environmental 20,569,000 21,292,000 41,861,000
Metro Landfill
Contingency Trust 137,000 140,000 277,000
Solid Waste 6,224,000 6,283,000 12,507,000
Natural
Resources 600,000 22,989,000 23,435,000 47,024,000
Game and Fish 53,986,000 56,354,000 110,340,000
Minnesota
Future Resources 14,668,000 -0- 14,668,000
Environmental Trust 22,270,000 -0- 22,270,000
Great Lakes
Protection 120,000 -0- 120,000
Oil Overcharge 150,000 -0- 150,000
TOTAL 1,100,000 349,139,000 297,708,000 647,947,000
APPROPRIATIONS
Available for the Year
Ending June 30
1998 1999
Sec. 2. POLLUTION CONTROL
AGENCY
Subdivision 1. Total
Appropriation 44,351,000 42,347,000
Summary by Fund
General 15,117,000 12,294,000
Petroleum Tank 3,177,000 3,227,000
State Government
Special Revenue 42,000 43,000
Special Revenue 740,000 755,000
Environmental 19,014,000 19,705,000
Metro Landfill
Contingency 137,000 140,000
Solid Waste 6,124,000 6,183,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Protection of the Water
14,119,000 11,308,000
Summary by Fund
General 11,581,000 8,709,000
State Government
Special Revenue 42,000 43,000
Environmental 2,496,000 2,556,000
$1,946,000 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.
$515,000 the first year and $519,000
the second year are for the Minnesota
River nonpoint source pollution program
and must be matched by federal dollars.
Of this amount, $855,000 in each fiscal
year is for grants for county
administration of the feedlot permit
program. This amount is transferred to
the board of water and soil resources
for disbursement in accordance with
Minnesota Statutes, section 103B.3369,
in cooperation with the pollution
control agency. Grants must be matched
with a combination of local cash and/or
in-kind contributions. Counties
receiving these grants shall submit an
annual report to the pollution control
agency regarding activities conducted
under the grant, expenditures made, and
local match contributions. First
priority for funding shall be given to
counties that have requested and
received delegation from the pollution
control agency for processing of animal
feedlot permit applications under
Minnesota Statutes, section 116.07,
subdivision 7. Delegated counties
shall be eligible to receive a grant of
either: $30 multiplied by the number
of livestock or poultry farms with
sales greater than $10,000, as reported
in the 1992 Census of Agriculture,
published by the United States Bureau
of Census; or $35 multiplied by the
number of feedlots with greater than
ten animal units as determined by a
level 2 or level 3 feedlot inventory
conducted in accordance with the
Feedlot Inventory Guidebook published
by the board of water and soil
resources, dated June 1991. To receive
the additional funding that is based on
the county feedlot inventory, the
county shall submit a copy of the
inventory to the pollution control
agency. Any remaining money is for
distribution to all counties on a
competitive basis through the challenge
grant process for the conducting of
feedlot inventories, development of
delegated county feedlot programs, and
for information and education or
technical assistance efforts to reduce
feedlot-related pollution hazards. Any
money remaining after the first year is
available for the second year.
$163,000 the first year and $92,000 the
second year are for compliance
activities and air quality monitoring
to address hydrogen sulfide emissions
from animal feedlots. The air quality
monitoring must include the use of
portable survey instruments.
$200,000 is for a grant to the Red
river basin board to develop a Red
river basin plan that will aid in
coordinating water management
activities in the states and provinces
bordering the Red river. This
appropriation is only available to the
extent it is matched by an equal amount
from the state of North Dakota. This
appropriation is available until June
30, 1999. This is a one-time
appropriation.
$1,027,000 the first year and
$1,038,000 the second year are for
water monitoring activities. Of these
amounts, $250,000 the first year and
$300,000 the second year are for
payment of a grant to the metropolitan
council for monitoring sites on the
Minnesota river and tributaries,
automated monitoring sites in
metropolitan area watersheds, and
groundwater trend analysis assessment
of best management practices for
control of nonpoint source pollution.
$300,000 the first year is for an
appropriation to the pollution control
agency for a grant to the University of
Minnesota for the development of two
pilot water quality cooperatives that
own or control alternative discharging
sewage systems, as defined in Minnesota
Statutes, section 115.58, subdivision
1, paragraph (b). The grant may be
used by the university for public
education of the purposes and benefits
of water quality treatment and
management by water quality
cooperatives and other purposes defined
as eligible costs under Minnesota
Statutes, section 116.16, subdivision
2, clause (6), and capital cost
components under Minnesota Statutes,
section 471A.02, subdivision 3. As a
condition of this grant, the university
must submit a work program and submit
semiannual progress reports as provided
in Minnesota Statutes, section 116P.05,
subdivision 2, paragraph (c).
$100,000 the first year is for a grant
to the University of Minnesota
Extension Service for public education
programs in Nicollet county which
promote improved farm management
practices on feedlot management and
watershed protection.
$861,000 the first year and $648,000
the second year are added to the amount
available to administer the point
source pollution program. The portion
of this appropriation to be included in
the agency's base for fiscal year 2000
is $490,000 and for fiscal year 2001 is
$348,000.
$236,000 the first year and $318,000
the second year are for community
technical assistance and education,
including grants and technical
assistance to communities for local and
basin-wide water quality protection.
$144,000 the first year and $200,000
the second year are for individual
sewage treatment system (ISTS)
administration. $86,000 in the second
year is transferred to the board of
water and soil resources for assistance
to local units of government through
competitive grant programs for ISTS
program development.
$214,000 is for administration of the
wastewater infrastructure fund (WIF)
construction program.
Notwithstanding Laws 1994, chapter 617,
section 3, paragraph (b), the amount
spent of the $120,000 appropriation
from the environmental fund for the
ISTS program during the biennium ending
June 30, 1995, must be reimbursed to
the environmental fund no later than
June 30, 1999.
$140,000 the first year and $60,000 the
second year are for the investigation
of deformed frogs in Minnesota, and may
be used for cooperative arrangements
with federal agencies. This is a
one-time appropriation.
Subd. 3. Protection of the Air
7,724,000 8,260,000
Summary by Fund
Environmental 6,984,000 7,505,000
Special Revenue 740,000 755,000
Up to $150,000 in the first year and
$150,000 in the second year may be
transferred to the small business
environmental improvement loan account
established in Minnesota Statutes,
section 116.994.
$200,000 each year from the
environmental fund is for a monitoring
program under Minnesota Statutes,
section 116.454.
Upon enactment of the air quality fee
increase contained in Minnesota
Statutes, section 116.07, subdivision
4d, as amended by this act, the
commissioner shall appoint an advisory
task force to examine the air quality
program. The task force must include
representatives of permittees regulated
by the agency, environmental interest
groups, and labor organizations. By
January 15, 1999, the committee shall
report to the chairs of the senate
state government finance committee, the
house ways and means committee, the
house and senate environmental policy
committees, the house environment and
natural resources finance committee,
and the senate environment and
agriculture budget division. After
making the report, the task force shall
be dissolved.
The report shall include a benchmarking
comparison with other states of the
following air quality service level
criteria: (1) the length of time and
staff effort required to issue permits;
(2) the backlog of permit applications;
(3) the number of facility inspections
per inspector; and (4) the nature and
effectiveness of training and
monitoring programs. In addition, the
report shall include: (1) a
recommendation for a reporting
mechanism which provides tracking of
staff time and resources devoted to
point source, mobile source, and area
source general program activities; (2)
an analysis of inequities in the
current air emissions fee system; and
(3) recommendations regarding mobile
source, area source, and point source
contributions and general air program
activity.
Subd. 4. Protection of the
Land
15,617,000 15,839,000
Summary by Fund
General 1,679,000 1,699,000
Petroleum Tank 2,744,000 2,785,000
Environmental 6,101,000 6,142,000
Metro Landfill
Contingency 129,000 132,000
Solid Waste 4,964,000 5,081,000
All money in the environmental
response, compensation, and compliance
account in the environmental fund not
otherwise appropriated is appropriated
to the commissioners of the pollution
control agency and the department of
agriculture for purposes of Minnesota
Statutes, section 115B.20, subdivision
2, clauses (1), (2), (3), (4), (11),
(12), and (13). At the beginning of
each fiscal year, the two commissioners
shall jointly submit an annual spending
plan to the commissioner of finance
that maximizes the utilization of
resources and appropriately allocates
the money between the two agencies.
This appropriation is available until
June 30, 1999.
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.
$51,000 the first year and $52,000 the
second year are from the solid waste
fund for transfer to the commissioner
of revenue to enhance compliance and
collection of solid waste assessments.
The agency's annual performance reports
required for this biennium under
Minnesota Statutes, section 15.91, must
specify the amount of lead, mercury,
and cadmium contained in sewage
biosolids spread on the land after
wastewater treatment.
Subd. 5. General Support
6,891,000 6,940,000
Summary by Fund
General 1,857,000 1,886,000
Petroleum Tank 433,000 442,000
Environmental 3,433,000 3,502,000
Metro Landfill
Contingency 8,000 8,000
Solid Waste 1,160,000 1,102,000
$234,000 the first year and $168,000
the second year are added to the amount
available for indirect costs of the
water quality point source pollution
program. The portion of this
appropriation to be included in the
agency's base for fiscal year 2000 is
$130,000 and for fiscal year 2001 is
$92,000.
$85,000 is from the solid waste fund
for a grant to Benton county to pay the
principal amount due in fiscal year
1998 on bonds issued by the county to
pay part of a final order or settlement
of a lawsuit for environmental response
costs at a mixed municipal solid waste
facility.
Sec. 3. OFFICE OF ENVIRONMENTAL
ASSISTANCE 20,497,000 20,595,000
Summary by Fund
General 19,211,000 19,277,000
Environmental 1,286,000 1,318,000
$14,008,000 the first year and
$14,008,000 the second year are for the
SCORE block grants to counties.
Any unencumbered grant and loan
balances in the first year do not
cancel but are available for grants and
loans in the second year.
All money in the metropolitan landfill
abatement account in the environmental
fund not otherwise appropriated is
appropriated to the office of
environmental assistance for the
purposes of Minnesota Statutes, section
473.844.
Sec. 4. ZOOLOGICAL BOARD
Subdivision 1. Total
Appropriation 5,535,000 5,368,000
The amounts that may be spent from this
appropriation are specified in the
following subdivisions.
Subd. 2. Biological Programs
666,000 676,000
Subd. 3. Operations
4,869,000 4,692,000
$240,000 in the first year is for
computer systems.
Sec. 5. NATURAL RESOURCES
Subdivision 1. Total
Appropriation 188,063,000 180,580,000
Summary by Fund
General 111,019,000 100,723,000
Natural Resources 22,958,000 23,403,000
Game and Fish 53,986,000 56,354,000
Solid Waste 100,000 100,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Mineral Resources Management
5,299,000 4,883,000
$311,000 the first year and $311,000
the second year are for iron ore
cooperative research, of which $225,000
the first year and $225,000 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.
$376,000 the first year and $377,000
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.
$46,000 the first year and $47,000 the
second year are for minerals
cooperative environmental research, of
which $30,000 the first year and
$30,000 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.
$500,000 the first year is for a grant
to develop a direct reduction iron
processing facility in Minnesota. This
appropriation is available until July
1, 1999.
Subd. 3. Water Resources Management
11,002,000 9,560,000
Summary by Fund
General 10,751,000 9,304,000
Natural Resources 251,000 256,000
$95,000 the first year and $95,000 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 its portion of the
comprehensive plan for the upper
Mississippi.
$400,000 the first year and $500,000
the second year are for water
monitoring activities, including
gauging of priority lakes and
watersheds, dissemination of
information, replacement of equipment,
and installation of observation wells,
groundwater sensitivity maps, and
documentation.
$70,000 the first year is for a grant
to the city of Granite Falls, not to
exceed 50 percent of the nonfederal
share of costs for restoration of the
banks of the Minnesota river within the
city limits.
$400,000 the first year is for a grant
to the St. Paul Foundation for
restoring native vegetation along the
Mississippi river through the Greening
the Great River Park Project. Money is
available for the grant to the extent
matched by an expenditure of money from
nonstate sources for the project until
June 30, 1999.
$25,000 the first year and $25,000 the
second year are for a grant to the
joint powers board established under
Minnesota Statutes, section 471.59, for
the Lewis and Clark rural water
system. The joint powers board must
prepare an annual work plan that
identifies actions to be taken to
advance the Lewis and Clark project as
a continuing source of water to meet
water supply needs in the southwest
part of the state. The work plan must
include a report on the ongoing efforts
of member cities and rural water
systems to conserve water and protect
existing groundwater supplies. The
work plan is subject to review and
approval by the commissioner. This
appropriation is available to the
extent matched by an equal amount of
nonstate money.
Notwithstanding Minnesota Statutes,
section 103G.271, subdivision 6,
paragraph (g), all water appropriation
fees collected from July 1, 1997, to
July 1, 1999, shall be deposited in the
general fund.
$100,000 is for a mediation process
regarding flood damage reduction issues
in the Red river basin. The
commissioner, the Red River Watershed
Management Board, and additional
parties selected in an equal number by
the commissioner and by the board are
the parties to the mediation. All
parties to the mediation must consent
to the expenditure of any funds by the
commissioner for the mediation process.
This is a one-time appropriation.
$190,000 is for a grant to the city of
East Grand Forks for a river bank
stabilization project on the Red River
of the North and the Red Lake river.
The appropriation is available until
June 30, 1999, to the extent matched by
an equal amount of nonstate money.
$376,000 is for a grant to the city of
Marshall for its flood control
project. $70,000 is for the Lake
Charlotte project in Wright county.
Prior to these funds being made
available, the commissioner must ensure
that the project sponsor has held a
public hearing in each affected
watershed after the date of enactment
of this section.
$500,000 the first year is for a grant
to the city of Thief River Falls for
dredging projects within the city on
the Red Lake river and the Thief
river. The appropriation is available
until June 30, 1999, to the extent
matched by an equal amount of nonstate
money.
Subd. 4. Forest Management
34,786,000 33,750,000
Summary by Fund
General 34,343,000 33,298,000
Natural Resources 443,000 452,000
$3,500,000 the first year and
$3,500,000 the second year are for
presuppression and suppression costs of
emergency fire fighting. If the
appropriation for either year is
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. If money is
spent under the appropriation in the
preceding sentence, the commissioner of
natural resources shall, by 15 days
after the end of the following quarter,
report on how the money was spent to
the chairs of the house of
representatives ways and means
committee, the environment and
agriculture budget division of the
senate environment and natural
resources committee, and the house of
representatives environment and natural
resources finance committee. The
appropriations may not be transferred.
$600,000 the first year and $600,000
the second year are for programs and
practices on state, county, and private
lands to regenerate and protect
Minnesota's white pine. Up to $280,000
of the appropriation in each year may
be used by the commissioner to provide
50 percent matching funds to implement
cultural practices for white pine
management on nonindustrial, private
forest lands at rates specified in the
Minnesota stewardship incentives
program manual. Up to $150,000 of the
appropriation in each year may be used
by the commissioner to provide funds to
implement cultural practices for white
pine management on county-administered
lands through grant agreements with
individual counties, with priorities
for areas that experienced wind damage
in July 1995. $40,000 each year is for
a study of the natural regeneration
process of white pine. The remainder
of the funds in each fiscal year will
be available to the commissioner for
white pine regeneration and protection
on department-administered lands.
$150,000 the first year and $150,000
the second year is appropriated to the
commissioner for a grant to the
University of Minnesota's College of
Natural Resources for research to
reduce the impact of blister rust on
Minnesota's white pine.
$300,000 is for grants to the counties
of Becker, Clearwater, and Hubbard for
reforestation, timber stand
improvements, aerial photography, and
new forest inventories in areas damaged
by windstorms in July 1995. The
appropriation is available until June
30, 1999. Of this amount, $33,000 is
for Becker county, $87,000 for Hubbard
county, and $180,000 for Clearwater
county.
$750,000 the first year is for the
corps to career community service
program established in Minnesota
Statutes, section 84.0887, subdivision
2. This appropriation is subject to
the receipt of education awards from
the national service trust for the
participants. This appropriation may
be used for administering the program
and for providing a monthly stipend for
a living allowance as provided in
Minnesota Statutes, section 121.707,
subdivision 5. Eligible participants
in the program may provide only
services authorized in Minnesota
Statutes, section 84.0887, subdivision
1, clauses (1) to (12). To the extent
that service opportunities are not
suitable under subdivision 1,
participants may provide services under
subdivision 2. Up to seven percent of
this appropriation is available for the
cost of health and child care coverage
for eligible participants and their
dependents, to the extent such coverage
is not otherwise available.
$250,000 the first year is for grants
to local community forest ecosystem
health programs. The appropriations
are available until June 30, 1999. The
commissioner of natural resources shall
allocate individual grants of up to
$10,000 to local communities that have
matching nonstate money available to
undertake projects that improve the
health of forest ecosystems, including
insect and disease suppression
programs, community-based forest health
education programs, and other
arboricultural treatments. This is a
one-time appropriation.
$60,000 the first year and $60,000 the
second year are for the focus on
community forests program, to provide
communities with natural resources
technical assistance.
$200,000 the first year is for the
Minnesota Releaf program to provide
matching grants to local communities to
plant predominantly native trees. This
appropriation is available until June
30, 1999, and is a one-time
appropriation.
$50,000 the first year is to develop
guidelines for communities and best
management practices for developers and
landowners in order to increase the
protection of woodlands being lost
through urbanization.
$1,018,000 the first year and
$1,030,000 the second year are for
implementation of the activities under
Minnesota Statutes, chapter 89A,
including the generic environmental
impact statement on timber harvesting.
Up to $240,000 the first year and
$190,000 the second year are available
for grants to the University of
Minnesota college of natural resources'
continuing education center, county
land departments for participation in
the Interagency Information
Cooperative, and for forest research
projects identified by the Minnesota
Forest Resources Council's research
advisory committee.
The commissioner must report to the
chairs of the house and senate
environment and natural resources
finance committee and division, by
February 1998, detailing progress
toward implementation of the
comprehensive timber harvesting and
forest management guidelines, and the
establishment of a framework for
conducting landscape-based forest
resource planning and coordination
under Minnesota Statutes, chapter 89A.
By December 31, 1998, the council must
submit its fully integrated and
comprehensive timber harvest guidelines
to the senate environment and
agriculture budget division and the
house environment and natural resources
finance committee.
Subd. 5. Parks and Recreation
Management
27,033,000 26,870,000
Summary by Fund
General 26,402,000 26,238,000
Natural Resources 631,000 632,000
$631,000 the first year and $632,000
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.
$3,000,000 the first year and
$3,000,000 the second year are for
payment of a grant to the metropolitan
council for metropolitan area regional
parks maintenance and operation.
$500,000 the first year is for state
park and recreation area acquisition,
development, and rehabilitation.
$75,000 the first year is for predesign
and design for a Minnesota rock, gem,
and mineral interpretative center to be
located within Moose Lake state park
near prime rock collecting areas. The
commissioner shall initiate the
architectural and engineering design
for the center. The focal point of the
center shall be the display of Lake
Superior agates as well as rocks, gems,
minerals, and geologic artifacts
indigenous to Minnesota. The
commissioner shall consult with the
Minnesota geological survey and members
of state and local rock, gem, and
mineral associations on the design of
the center. The commissioner may
accept for display at the center rocks,
gems, minerals, and geologic artifacts
collected by individuals and
associations and shall enter into any
loan agreements necessary to protect
all parties from liability for loss or
damage to items loaned for display.
The commissioner shall prepare
information for visitors describing
geologic field trips and local rock
collecting opportunities and, in
addition, shall display and provide
written information on other areas of
the state that provide prime rock, gem,
and mineral collecting opportunities.
The commissioner shall consult with the
Minnesota Geological Society as well as
state and local rock, gem, and mineral
associations on the location of prime
collection sites and on the preparation
of field trip literature. This
appropriation is available until June
30, 1999.
Subd. 6. Trails and Waterways
Management
18,129,000 15,760,000
Summary by Fund
General 4,672,000 2,227,000
Natural Resources 12,178,000 12,482,000
Game and Fish 1,279,000 1,051,000
$4,649,000 the first year and
$4,649,000 the second year are from the
snowmobile trails and enforcement
account in the natural resources fund
for snowmobile grants-in-aid. Also,
$600,000 each year is from the general
fund for snowmobile grants-in-aid.
The commissioner shall study improved
paving methods for state trails that
prevent wear from snowmobile and other
uses, including the use of improved
paving materials and the application of
coatings to existing paved trails. The
commissioner must report on the results
of the study to the house environment
and natural resources finance
committee, the senate environment and
agriculture budget division, and the
house and senate environment and
natural resources committees by
December 15, 1998.
$252,000 the first year and $254,000
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.
$400,000 the first year is for the
Taconite Harbor safe harbor project.
This appropriation is available until
expended. The legislature intends that
future appropriations will be
contingent on receipt of an equal
amount of nonstate matching money for
the total project.
$30,000 in the first year is for an
upgrade of the horse rider section of
the Heartland trail to permit use by
snowmobiles equipped with metal studs.
$300,000 the first year is to provide
safe crossings along the Gateway
segment of the Willard Munger trail in
North St. Paul and parking enhancements.
$600,000 the first year is for a grant
to Ramsey county for a connection from
the city of Roseville trail system to
the Gateway segment of the Willard
Munger trail.
$340,000 the first year is for trail
improvements. Of this amount, $128,000
is to develop the western extension of
the Root river state trail in the
Blufflands trail system and $212,000 is
to construct a parking lot at the
Harmony trailhead.
$300,000 the first year is to provide
increased access to lakes and rivers
statewide through the provision of
fishing piers and shoreline access.
One-half of the amount is for access
within the seven-county metropolitan
area. This is a one-time appropriation.
$500,000 is for grants of up to
$250,000 for locally funded trails of
regional significance.
The unobligated balance remaining in
the appropriation from the taconite
environmental protection fund, Laws
1996, chapter 407, section 3, to
acquire and develop the Iron Range
off-highway vehicle recreation area,
shall not cancel but be made available
until June 30, 1998.
Subd. 7. Fish and Wildlife Management
40,538,000 41,719,000
Summary by Fund
General 4,535,000 3,664,000
Natural Resources 2,013,000 2,048,000
Game and Fish 33,990,000 36,007,000
$305,000 the first year and $310,000
the second year are for resource
population surveys in the 1837 treaty
area. Of this amount, $104,000 the
first year and $106,000 the second year
are from the game and fish fund.
$923,000 the first year and $943,000
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.
$1,337,000 the first year and
$1,361,000 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.
$1,110,000 the first year and
$1,117,000 the second year are from the
wildlife acquisition account for only
the purposes specified in Minnesota
Statutes, section 97A.071, subdivision
2a.
$860,000 the first year and $881,000
the second year are from the deer
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
1, paragraph (b).
$60,000 the first year and $61,000 the
second year are from the deer and bear
management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
1, paragraph (c).
$668,000 the first year and $673,000
the second year are from the waterfowl
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
2.
$652,000 the first year and $654,000
the second year are from the trout and
salmon management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
3.
$545,000 the first year and $545,000
the second year are from the pheasant
habitat improvement account for only
the purposes specified in Minnesota
Statutes, section 97A.075, subdivision
4. In addition to the purposes
specified in Minnesota Statutes,
section 97A.075, subdivision 4, this
appropriation may be used for pheasant
restocking efforts.
$292,000 the first year and $295,000
the second year are from the game and
fish fund for activities relating to
reduction and prevention of property
damage by wildlife. $50,000 each year
is for emergency damage abatement
materials.
$63,000 the first year and $63,000 the
second year are from the wild turkey
management account for only the
purposes specified in Minnesota
Statutes, section 97A.075, subdivision
5.
$100,000 the first year and $100,000
the second year are for water
monitoring activities, including
integrated monitoring using biology,
chemistry, hydrology, and habitat
assessment for water quality assessment.
Before January 15, 1998, the
commissioner must hold one public
meeting in each of the department's
regions to identify priority fisheries
projects. Before the public meetings,
notice of the meetings must be
published in a news release issued by
the commissioner and in a newspaper of
general circulation in each county
within the region. The notice must be
published at least once between 30 and
60 days before the meetings, and at
least once between seven and 30 days
before the meetings. The notices
required in this paragraph must invite
public comment and specify a deadline
for the receipt of public comments.
The commissioner shall consider any
public comments received in making
final decisions on expenditure of
additional revenue generated by
increased fishing license revenue
raised under this act. At least 75
percent of the increase must be spent
on fisheries.
$8,000 is for the construction of an
interpretive sign in the Thief Lake
wildlife management area, to be
available until June 30, 1998.
$600,000 the first year is to the
critical habitat private sector
matching account for the purposes of
Minnesota Statutes, section 84.943.
$250,000 the first year is to
accelerate the acquisition of land for
scientific and natural areas under
Minnesota Statutes, section 84.033.
$125,000 the first year is for a
railroad prairie right-of-way inventory
and for the development of voluntary
prairie right-of-way best management
practices.
The positions for the forest ecologist,
metropolitan natural community
ecologist, and scientific and natural
areas volunteer stewardship coordinator
now in the unclassified service shall
be transferred without competitive
examination to the classified service
of the state.
Subd. 8. Enforcement
19,599,000 19,457,000
Summary by Fund
General 3,489,000 3,092,000
Natural Resources 3,971,000 3,991,000
Game and Fish 12,039,000 12,274,000
Solid Waste 100,000 100,000
$1,082,000 the first year and
$1,082,000 the second year are from the
water recreation account in the natural
resources fund for grants to counties
for boat and water safety.
$100,000 each year is from the solid
waste fund for solid waste enforcement
activities under Minnesota Statutes,
section 116.073.
$100,000 the first year is for
enforcement activities regarding the
1837 treaty.
Within the funding appropriated, the
commissioner shall hire at least seven
new full-time equivalent conservation
officers. Four of the officers must
come from protected groups. The
protected group officers must be hired
before the remaining new officers.
$200,000 is for the purchase of
specialty equipment to increase the
effectiveness and safety of enforcement
of snowmobile laws and rules.
$150,000 the first year and $100,000
the second year are to recruit and
train members of the Southeast Asian
community for four new conservation
officer positions that will begin after
July 1, 1999. This appropriation is
for recruiting, screening, and training
the candidates, and for providing a
monthly stipend for the candidates,
educational costs, a part-time program
coordinator, and outreach locations
within the Southeast Asian community.
This is a one-time appropriation.
$400,000 each year from the snowmobile
trails and enforcement account in the
natural resources fund is for grants to
local law enforcement agencies for
snowmobile enforcement activities above
and beyond current levels of local law
enforcement activities.
Subd. 9. Operations Support
31,677,000 28,581,000
Summary by Fund
General 21,528,000 18,017,000
Natural Resources 3,471,000 3,542,000
Game and Fish 6,678,000 7,022,000
The commissioner of natural resources
may 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.
None of the money appropriated to the
commissioner under this section may be
used for transfer to the office of
strategic and long-range planning. The
appropriations in this subdivision
reflect a reduction in the base of
$250,000.
$425,000 the first year and $425,000
the second year are for the community
assistance program, including
metropolitan trout stream watershed
coordinators, Red River technical
assistance, northeast Minnesota public
affairs and communication, southwest
Minnesota planning assistance, Metro
Greenways and natural areas assistance
and grants, and regional resource
enhancement grants.
The department shall submit to the
Minnesota office of technology for
review its plans for offering consumer
access through the North Star world
wide web site.
$200,000 the first year is for a grant
to Friends of Rydell Refuge
Association, Inc. The Friends of
Rydell Refuge must enter into a
memorandum of agreement with the United
States Fish and Wildlife Service to
provide for people with disabilities
the following facilities at Rydell
national wildlife refuge in Polk county:
(1) seven miles of paved trails,
including overlooks; (2) accessible
fishing pier, decks, landscaping, and
boardwalk at sights within the refuge;
(3) accessible restroom facilities; (4)
meeting room accessibility and visitor
center upgrade; and (5) target range
accessibility. Any amount unexpended
in fiscal year 1998 remains available
for expenditure in fiscal year 1999.
$100,000 the first year and $100,000
the second year are for the Southeast
Asian environmental education
internship and training program.
$200,000 the first year is for a grant
to the city of South St. Paul for
erosion control at Kaposia Park and
development of a regional trail
connection. Nonstate match funding of
$2 for every $1 of this appropriation
is required.
$85,000 the first year and $85,000 the
second year are for a grant to the
Minnesota Children's Museum for early
childhood environmental education that
introduces young children to the
natural environment through four
different Minnesota habitats.
$2,700,000 the first year is for a
grant to the city of St. Paul for
expenditures necessary to carry out the
Harriet Island redevelopment in
accordance with the Lilydale/Harriet
Island master plan. The appropriation
is available to the extent it is
matched by an equal amount from
nonstate sources by June 30, 1998.
Before the appropriation or local match
is spent or obligated, the city of St.
Paul must seek public comments on the
Harriet Island redevelopment.
$142,000 is for a survey of trails in
state parks for accessibility to
persons with disabilities. This
appropriation is available for the
biennium.
$325,000 the first year is for a grant
to independent school district No. 621,
Mounds View, to renovate the Laurentian
Environmental Learning Center located
in the Superior National Forest. This
appropriation is available until June
30, 1999.
$300,000 the first year and $300,000
the second year is for the electronic
licensing system. Of this amount,
$200,000 the second year is from the
game and fish fund.
$1,503,000 the first year and
$1,522,000 the second year are for
administrative costs. This is a
one-time only appropriation.
$55,000 the first year is for a grant
to Chippewa county for design and
engineering specifications for: (1)
expansion of the landing and boat
access on the Minnesota river at
Wegdahl and related development of a
regional park; and (2) development of a
15-mile multiuse trail along the
Minnesota river valley connecting the
city of Granite Falls to the Chippewa
county regional trail system.
Sec. 6. BOARD OF WATER AND
SOIL RESOURCES 15,741,000 15,186,000
$5,353,000 the first year and
$5,353,000 the second year are for
natural resources block grants to local
governments. Of this amount, $50,000
in each year is for a grant to the
North Shore Management Board and
$35,000 in each year is for a grant to
the St. Louis River Board. If the
appropriation in either year is
insufficient, the appropriation for the
other year is available for it.
The board shall reduce the amount of
the natural resource block grant to a
county by an amount equal to any
reduction in the county's general
services allocation to a soil and water
conservation district from the county's
1996 allocation.
Grants must be matched with a
combination of local cash or in-kind
contributions. The base grant portion
related to water planning must be
matched by an amount that would be
raised by a levy under Minnesota
Statutes, section 103B.3369.
$2,282,000 the first year and
$2,509,000 the second year are for
grants to soil and water conservation
districts for general purposes and for
implementation of the RIM conservation
reserve program. Upon approval of the
board, expenditures may be made from
these appropriations for supplies and
services benefiting soil and water
conservation districts.
$2,120,000 the first year and
$2,120,000 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. If the
appropriation in either year is
insufficient, the appropriation in the
other year is available for it.
$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
floodplain management. If the
appropriation in either year is
insufficient, the appropriation in the
other year is available for it.
$200,000 the first year is for a grant
to Chisago and Washington counties for
the abandonment of joint ditch No. 1.
$475,000 is for completion of water
quality improvement projects with the
12 major watersheds of the Minnesota
river basin, to be available until June
30, 1999. The water quality
improvement projects must utilize
practices that are proven effective,
must have landowner support, and must
be prioritized by the Minnesota river
basin joint powers board and the board
of water and soil resources. The board
shall use this appropriation only for
those projects where the local
landowners and counties provide 50
percent of project costs in cash.
$150,000 the first year is for a grant
to the Faribault county soil and water
conservation district for the
quad-lakes restoration project in
Faribault and Blue Earth counties.
$100,000 the first year and $200,000
the second year are for a community
assistance program to provide watershed
education and communication assistance
to local governments in the
metropolitan area and in southern
Minnesota.
Any unencumbered balance in the board's
program of grants does not cancel at
the end of the first year and is
available for the second year for the
same grant program.
$27,000 the first year and $27,000 the
second year are for a grant to the
southeast Minnesota water resources
board for administrative costs. This
appropriation is available only to the
extent it is matched by $1 of nonstate
money for each $1 of state money.
$90,000 the first year and $90,000 the
second year are for grants to soil and
water conservation districts to cover
the costs of contracting for technical
staff to implement activities under the
state revolving fund.
Sec. 7. AGRICULTURE
Subdivision 1. Total
Appropriation 29,482,000 25,391,000
Summary by Fund
General 18,949,000 14,868,000
Special Revenue 10,264,000 10,254,000
Environmental 269,000 269,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Protection Service
18,324,000 17,435,000
Summary by Fund
General 8,047,000 7,053,000
Special Revenue 10,008,000 10,113,000
Environmental 269,000 269,000
$269,000 the first year and $269,000
the second year are from the
environmental response, compensation,
and compliance account in the
environmental fund.
$4,287,000 the first year and
$4,367,000 the second year are from the
pesticide regulatory account
established under Minnesota Statutes,
section 18B.05, for administration and
enforcement of Minnesota Statutes,
chapter 18B.
$995,000 the first year and $1,010,000
the second year are from the fertilizer
inspection account established under
Minnesota Statutes, section 18C.131,
for administration and enforcement of
Minnesota Statutes, chapter 18C.
$50,000 the first year is from the
fertilizer account to provide a match
to the $150,000 appropriation from the
environmental trust fund to conduct
nitrate testing clinics.
$368,000 the first year and $368,000
the second year are from the seed
potato inspection fund established
under Minnesota Statutes, section
21.115, for administration and
enforcement of Minnesota Statutes,
sections 21.111 to 21.122.
$727,000 the first year and $741,000
the second year are from the seed
inspection fund established under
Minnesota Statutes, section 21.92, for
administration and enforcement of
Minnesota Statutes, sections 21.80 to
21.92.
$731,000 the first year and $744,000
the second year are from the commercial
feed inspection account established
under Minnesota Statutes, section
25.39, subdivision 4, for
administration and enforcement of
Minnesota Statutes, sections 25.35 to
25.44.
$530,000 the first year and $530,000
the second year are from the fruit and
vegetables inspection account
established under Minnesota Statutes,
section 27.07, subdivision 6, for
administration and enforcement of
Minnesota Statutes, section 27.07.
$1,746,000 the first year and
$1,779,000 the second year are from the
dairy services account established
under Minnesota Statutes, section
32.394, subdivision 9, for the purpose
of dairy services under Minnesota
Statutes, chapter 32.
$324,000 the first year and $324,000
the second year are from the livestock
weighing fund established under
Minnesota Statutes, section 17A.11, for
the purpose of livestock weighing costs
under Minnesota Statutes, chapter 17A.
$53,000 the first year and $53,000 the
second year are for payment of claims
relating to livestock damaged by
threatened or endangered animal species
and agricultural crops damaged by elk.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$160,000 the first year and $160,000
the second year are an increase for the
grade A and manufacturing grade
inspection programs under Minnesota
Statutes, section 32.394.
$222,000 is transferred to the seed
potato inspection fund and must be used
for the administration and enforcement
of Minnesota Statutes, sections 21.80
to 21.92.
$960,000 the first year and $40,000 the
second year are to expand the
one-on-one educational delivery team
system to provide appropriate
technologies, including rotational
grazing and other sustainable
agriculture methods, applicable to
small and medium sized dairy farms to
enhance the financial success and
long-term sustainability of dairy farms
in the state. Activities of the dairy
diagnostic teams must be spread
throughout the dairy producing regions
of the state. The teams must consist
of farm business management
instructors, dairy extension
specialists, and dairy industry
partners to deliver the informational
and technological services. Not later
than February 1, 1998, the commissioner
shall provide an interim report to the
standing committees of the Minnesota
senate and house of representatives
that deal with agricultural policy
issues and funding on activities and
accomplishments of the dairy diagnostic
teams. The commissioner shall provide
a follow-up report to the committees on
February 1, 1999. This is a one-time
appropriation.
$25,000 the first year and $25,000 the
second year are for activities of the
dairy producers board under Minnesota
Statutes, section 17.76.
Subd. 3. Agricultural Marketing and Development
3,475,000 3,210,000
Summary by Fund
General 3,219,000 3,069,000
Special Revenue 256,000 141,000
Notwithstanding Minnesota Statutes,
section 41A.09, subdivision 3a, the
total payments from the ethanol
development account to all producers
may not exceed $49,651,000 for the
biennium ending June 30, 1999. If the
total amount for which all producers
are eligible in a quarter exceeds the
amount available for payments, the
commissioner shall make the payments on
a pro rata basis. In fiscal year 1998,
the commissioner shall first reimburse
producers for eligible unpaid claims
accumulated through June 30, 1997.
$100,000 the first year and $100,000
the second year are for ethanol
promotion and public education.
$71,000 the first year and $71,000 the
second year are for transfer to the
Minnesota grown matching account and
may be used as grants for Minnesota
grown promotion under Minnesota
Statutes, section 17.109.
$141,000 the first year and $141,000
the second year are from the
commodities research and promotion
account in the special revenue fund.
$115,000 is from the Minnesota
conservation fund, established in
Minnesota Statutes, section 40A.151, to
the commissioner of agriculture to
provide a match to the $100,000
appropriation from the future resources
fund to evaluate the effectiveness of
Minnesota's agricultural land
preservation programs, make
recommendations for statutory and
programmatic improvements, and identify
and quantify fiscal impacts of urban
sprawl.
$76,000 the first year and $77,000 the
second year are for development and
promotion of integrated pest management
in an urban environment. The urban
integrated pest management development
and promotion program must be
coordinated with Metropolitan State
University.
$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.
$200,000 is for grants under Minnesota
Statutes, section 17.101, subdivision 5.
Subd. 4. Administration and
Financial Assistance
7,683,000 4,746,000
$100,000 the first year and $100,000
the second year must be spent for the
WIC coupon program.
$115,000 the first year and $99,000 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. No new
loans may be approved in fiscal year
1998 or 1999.
$201,000 the first year and $202,000
the second year are for the family farm
advocacy program.
$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.
$150,000 the first year and $150,000
the second year are for grants to
agriculture information centers. The
grants are only available on a match
basis. The funds may be released at
the rate of $4 of state money for each
$1 of matching nonstate money that is
raised.
$100,000 is for a grant to the
University of Minnesota for a farm
safety outreach program. The program
must be designed to provide specialized
health and safety information and
training to targeted at-risk
individuals and groups.
$115,000 the first year and $115,000
the second year are for the Seaway Port
Authority of Duluth.
$19,000 the first year and $19,000 the
second year are for a grant to the
Minnesota Livestock Breeders'
Association.
$50,000 the first year and $50,000 the
second year are for the Passing on the
Farm Center under Minnesota Statutes,
section 17.985. This appropriation is
available only to the extent matched
with nonstate money.
$50,000 in each year is for beaver
damage control grants for the purposes
of Minnesota Statutes, section 17.110.
$70,000 the first year is for the
construction costs of a greenhouse to
produce biological control agents.
$50,000 the first year and $50,000 the
second year are for funding litigation
to accomplish reform of the federal
milk market order system and for legal
actions opposing the Northeast Dairy
Compact.
$100,000 the first year is for transfer
to the public utilities commission for
costs related to the duties of the
commission and the team of science
advisors established under Laws 1994,
chapter 573, as amended. This
appropriation remains available until
June 30, 1999.
$525,000 the first year is for
livestock odor research. Of this
amount, $400,000 is for a grant to the
University of Minnesota department of
biosystems and agricultural engineering
for research and development of: (1)
an odor rating system that compares
odor levels of livestock production
facilities based on the species of
livestock, livestock housing, manure
management systems, and other factors
that contribute to odor levels, with
the odor rating to be determined using
olfactometry; (2) information tools to
be provided to local units of
government to create setback
requirements for livestock production
facilities based on the odor rating
system developed in clause (1); (3)
best management practices to control
livestock odor with priority on the
development of practices that control
odor as much as economically feasible
during seasonal and other periods of
peak odor levels; and (4) provisions
for rating the efficacy of new
odor-reduction technologies and
additives. Applicants for a rating
under this clause must pay for the
research necessary to provide the
rating to be used in marketing their
new technology. $125,000 is for a
grant to the Minnesota institute for
sustainable agriculture for research,
development, and promotion of
low-emission and low-energy alternative
hog production systems and promotion of
developed systems, including hoop
houses, the Swedish model
(Vastgotamodellen) for farrowing and
feeder pig production, and pasture
grazing and farrowing.
$200,000 the first year and $200,000
the second year are to develop a
scientific data base on odor from
feedlots, conduct research on
biofilters as odor suppressants, and
evaluate composting and drainage
systems for effectiveness. This is a
one-time appropriation.
$1,200,000 the first year is for an
electronic information management
system. By January 15, 1998, the
commissioner shall report to the
legislature concerning the status of
the system and shall make a
recommendation concerning the remaining
needs for the system and costs of
funding those needs.
$1,000,000 is to create and administer
a "Minnesota grown" coupon program to
provide food coupons to adult or minor
legal noncitizens who are residing in
this state as of July 1, 1997, lost
their eligibility for the federal food
stamp program under the provisions of
Public Law Number 104-193, title IV,
are receiving general assistance or
supplemental security income, and
comply with the eligibility
requirements in Minnesota Statutes,
section 256D.05, subdivision 8,
paragraph (b). Coupons shall be issued
each month within the funds available
by the commissioner to noncitizens who
are residents of participating counties
and eligible for the supplement under
this paragraph. The commissioner of
human services must provide to the
commissioner of agriculture the names
of the heads of households that contain
adult or minor legal noncitizens who
are eligible for the supplement under
this paragraph, their addresses, and
any other information necessary to
ensure the administrative efficiency of
the "Minnesota grown" coupon program.
The amount of the "Minnesota grown"
coupons must be excluded as income
under the AFDC, refugee cash
assistance, general assistance, MFIP,
MFIP-R, MFIP-S, food stamp programs,
state housing subsidy programs,
low-income energy assistance programs,
and other programs that do not count
food stamps as income. Counties must
apply to the commissioner to
participate in the "Minnesota grown"
coupon program.
The coupons must be clearly labeled as
redeemable only for products licensed
to use the "Minnesota grown" logo or
labeling statement under Minnesota
Statutes, section 17.102. Coupons may
be redeemed by farmers, custom meat
processors, community-supported
agriculture farms, grocery stores, and
retailers. The person accepting the
coupon is responsible for its
redemption only on products licensed to
use the "Minnesota grown" logo or
labeling statement.
The commissioner may establish criteria
for vendor eligibility and may enforce
the "Minnesota grown" coupon program
according to Minnesota Statutes,
sections 17.982 to 17.984.
The commissioner shall report on the
"Minnesota grown" coupon program by
January 15, 1998, to the house of
representatives agriculture committee,
the senate agriculture and rural
development committee, the house
environment and natural resources
finance committee, and the senate
environment and agriculture budget
division.
Sec. 8. BOARD OF ANIMAL HEALTH 2,348,000 2,383,000
$40,000 the first year and $40,000 the
second year are for a program to
control para-tuberculosis ("Johne's
disease") in domestic bovine herds.
The board must design and implement a
program to provide educational and
financial assistance to bovine herd
owners for testing and related
activities that will reduce the
prevalence of the disease in herds
known to be infected and to establish
"test negative" herds as a source of
negative replacement cattle. Not later
than January 31, 1999, the executive
secretary shall report to the
legislature on the progress and results
of the para-tuberculosis control
program.
$49,000 the first year and $40,000 the
second year are for a grant to the
University of Minnesota college of
veterinary medicine to be used for
development and implementation of the
companion animal resource education
program, in collaboration with the
Minnesota extension service.
Sec. 9. CITIZEN'S COUNCIL ON
VOYAGEURS NATIONAL PARK 63,000 64,000
Sec. 10. SCIENCE MUSEUM
OF MINNESOTA 1,136,000 1,164,000
Sec. 11. MINNESOTA-WISCONSIN
BOUNDARY AREA COMMISSION 172,000 177,000
Summary by Fund
General 141,000 145,000
Natural Resources 31,000 32,000
This appropriation is only available to
the extent it is matched by an equal
amount from the state of Wisconsin.
$31,000 the first year and $32,000 the
second year are from the water
recreation account in the natural
resources fund for the St. Croix
management and stewardship program.
Sec. 12. MINNESOTA ACADEMY
OF SCIENCE 41,000 41,000
$5,000 the first year and $5,000 the
second year are for a program to
provide hands on science activities for
elementary school children.
Sec. 13. MINNESOTA HORTICULTURAL
SOCIETY 82,000 82,000
Sec. 14. AGRICULTURAL UTILIZATION
RESEARCH INSTITUTE 4,420,000 4,330,000
Summary by Fund
General 4,220,000 4,130,000
Special Revenue 200,000 200,000
$90,000 the first year is for
development of a program of marketing a
value-added agriculture product by a
community-based youth program.
$200,000 the first year and $200,000
the second year are for hybrid tree
management research and development of
an implementation plan for establishing
hybrid tree plantations in the state.
This appropriation is available to the
extent matched by $2 of nonstate
contributions, either cash or in kind,
for each $1 of state money. This shall
be added to the agency base.
Sec. 15. MINNESOTA RESOURCES
Subdivision 1. Total
Appropriation 37,208,000
Summary by Fund
Minnesota Future
Resources Fund 14,668,000
Environment and
Natural Resources
Trust Fund 22,270,000
Great Lakes Protection
Account 120,000
Oil Overcharge
Money in the Special
Revenue Fund 150,000
Unless otherwise provided, the amounts
in this section are available until
June 30, 1999, when projects must be
completed and final products delivered.
Subd. 2. Definitions
(a) "Future resources fund" means the
Minnesota future resources fund
referred to in Minnesota Statutes,
section 116P.13.
(b) "Trust fund" means the Minnesota
environment and natural resources trust
fund referred to in Minnesota Statutes,
section 116P.02, subdivision 6.
(c) "Great lakes protection account"
means the account referred to in
Minnesota Statutes, section 116Q.02.
(d) "Oil overcharge money" means the
money referred to in Minnesota
Statutes, section 4.071, subdivision 2.
Subd. 3. Legislative Commission
on Minnesota Resources 776,000
$304,000 of this appropriation is from
the future resources fund and $472,000
is from the trust fund, pursuant to
Minnesota Statutes, section 116P.09,
subdivision 5.
Subd. 4. Recreation
(a) STATE PARK AND RECREATION AREA
ACQUISITION, DEVELOPMENT, BETTERMENT,
AND REHABILITATION 3,500,000
This appropriation is from the trust
fund to the commissioner of natural
resources as follows: (1) for state
park and recreation area acquisition,
$2,500,000; and (2) for state park and
recreation area development,
rehabilitation, and resource
management, $1,000,000, unless
otherwise specified in the approved
work program. The use of the Minnesota
conservation corps is encouraged. The
commissioner must submit grant requests
for supplemental funding for federal
ISTEA money in eligible categories and
report the results to the legislative
commission on Minnesota resources.
This project must be completed and
final products delivered by June 30,
2000, and the appropriation is
available until that date.
(b) METROPOLITAN REGIONAL PARK
SYSTEM 3,500,000
This appropriation is from the trust
fund for payment by the commissioner of
natural resources to the metropolitan
council for subgrants for acquisition,
development and rehabilitation in the
metropolitan regional park system
consistent with the metropolitan
council regional recreation open space
capital improvement plan. This
appropriation may be used for the
purchase of homes only if the purchases
are expressly included in the work
program approved by the legislative
commission on Minnesota resources. The
metropolitan council shall collect and
digitize all local, regional, state and
federal parks and all off-road trails
with connecting on-road routes for the
Metropolitan area and produce a printed
map. This project must be completed
and final products delivered by June
30, 2000, and the appropriation is
available until that date.
(c) LOCAL INITIATIVES GRANTS
PROGRAM 2,900,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to provide matching
grants, as follows:
(1) $600,000 to local units of
government for local park and
recreation areas pursuant to Minnesota
Statutes, section 85.019. $50,000 of
this appropriation is to complete the
Larue public water access.
(2) $600,000 to local units of
government for natural and scenic areas
pursuant to Minnesota Statutes, section
85.019.
(3) $900,000 for trail grants to local
units of government on land to be
maintained for at least 20 years for
the purposes of the grant. $200,000 is
for grants of up to $50,000 per project
for trail linkages between communities,
trails, and parks, and $700,000 is for
grants of up to $250,000 for locally
funded trails of regional
significance. $250,000 is to provide
matching funds for an ISTEA grant to
provide easement acquisition and
engineering costs for a proposed trail
between the city of Pelican Rapids and
Maplewood state park.
(4) $600,000 for a statewide
conservation partners program, to
encourage private organizations and
local governments to cost share
improvement of fish, wildlife, and
native plant habitats and research and
surveys of fish and wildlife.
Conservation partners grants may be up
to $10,000 each.
(5) $200,000 for environmental
partnerships program grants of up to
$10,000 each for environmental service
projects and related education
activities through public and private
partnerships.
In addition to the required work
program, grants may not be approved
until grant proposals to be funded have
been submitted to the legislative
commission on Minnesota resources and
the commission has approved the grants
or allowed 60 days to pass. The above
appropriations, in combination, are
available half for the metropolitan
area as defined in Minnesota Statutes,
section 473.121, subdivision 2, and
half for outside of the metropolitan
area. For the purpose of this
paragraph, the match must be nonstate
contributions, but may be either cash
or in-kind. This project must be
completed and final products delivered
by June 30, 2000, and the appropriation
is available until that date.
(d) BORDER-TO-BORDER TRAIL
STUDY 100,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for the
border-to-border trail study of the
trails and waterways division. The
border-to-border trail study shall
inventory and integrate local,
regional, and state trail systems and
plan for future development, including
identifying abandoned rail lines and
dual treadways. The Minnesota
recreational trail users association
(MURTA) shall serve as the advisory
group to the department of natural
resources in developing the study and
plan. The appropriation is available
until June 30, 1999.
Subd. 5. Historic Sites
(a) FORT SNELLING STATE PARK - UPPER
BLUFF UTILIZATION AND AYH HOSTEL 250,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a cooperative
project with Hostelling International
and community cooperators to develop a
conceptual utilization plan for the
Upper Bluff Area, assess buildings for
potential hostel use, and complete the
design and construction documents for a
building or buildings for future
renovation as a hostel. This
appropriation must be matched by at
least $20,000 of nonstate money.
(b) PROTECTING RURAL HISTORIC
LANDSCAPES IN HIGH DEVELOPMENT AREAS 80,000
This appropriation is from the trust
fund to the Minnesota Historical
Society to document resources and
prepare a management plan for
historical agricultural landscapes in
the St. Cloud-Rochester growth corridor.
(c) JEFFERS PETROGLYPHS ENVIRONMENTAL
ASSESSMENT AND PRAIRIE RESTORATION 125,000
This appropriation is from the future
resources fund to the Minnesota
Historical Society to establish an
environmental monitoring program and
assess environmental effects on the
petroglyphs and restore native prairie
to parts of this state site.
(d) DEVELOPMENT OF BIRCH COULEE STATE
HISTORIC SITE 253,000
This appropriation is from the trust
fund to the Minnesota Historical
Society to improve public access to the
state historic site at Birch Coulee,
with self-guided trails, interpretive
markers, and basic visitor amenities.
(e) WHITE OAK LEARNING CENTER
ENVIRONMENTAL AWARENESS
THROUGH HISTORY 120,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the White Oak Society, Inc., to create
an education program integrating
environmental education into
historical, cultural, and social
contexts.
(f) HISTORICAL AND CULTURAL MUSEUM ON
VERMILION LAKE INDIAN RESERVATION 100,000
This appropriation is from the future
resources fund to the Minnesota
Historical Society for an agreement
with Bois Forte Reservation to design
and construct a historical museum for
cultural interpretation adjacent to an
historic gold mine and fur trade post
on Lake Vermilion. As an additional
condition of acceptance of this
appropriation, this facility may not be
used for any form of gambling or the
promotion of gambling. This
appropriation must be matched by at
least $100,000 of nonstate money.
(g) NATIVE AMERICAN PERSPECTIVE OF
THE HISTORIC NORTH SHORE 60,000
This appropriation is from the future
resources fund to the Minnesota
Historical Society for an agreement
with the Sugarloaf Interpretive Center
Association for an interpretive study
of Native Americans on the North Shore
of Lake Superior in cooperation with
Native American bands. This
appropriation must be matched by at
least $30,000 of nonstate money.
(h) SOUDAN UNDERGROUND PHYSICS
LABORATORY EXPANSION 400,000
This appropriation is from the future
resources fund to the University of
Minnesota to assist in the construction
of the Soudan Mine facilities for
scientific interpretation.
Subd. 6. Water Resources
(a) ON-SITE SEWAGE TREATMENT
ALTERNATIVES AND TECHNOLOGY
TRANSFER 500,000
This appropriation is from the future
resources fund to the pollution control
agency for the second biennium to
evaluate alternative on-site sewage
treatment systems for cost-effective
removal of pathogenic bacteria, viruses
and nutrients.
(b) NITRATE EDUCATION AND TESTING 150,000
This appropriation is from the trust
fund to the commissioner of agriculture
to accelerate knowledge of nitrate
levels in private drinking water
supplies through development of water
testing clinics for rural well owners
and education programs. This
appropriation must be matched by at
least $50,000 from the agriculture
fertilizer inspection account.
(c) SNAKE RIVER WATERSHED BMPS 100,000
This appropriation is from the trust
fund to the board of water and soil
resources for an agreement with the
Snake River Watershed Management Board
to accelerate the implementation of the
1996 Snake River Watershed Management
Plan.
(d) EVALUATION OF WATERSHED BASED
WATERSHED DISTRICT MANAGEMENT 150,000
This appropriation is from the future
resources fund to the board of water
and soil resources for an agreement
with the Minnesota Association of
Watershed Districts to evaluate the
effectiveness of water quality
management by watershed districts.
This appropriation must be matched by
at least $75,000 of nonstate money.
(e) RED RIVER VALLEY PLANNING
AND MANAGEMENT 375,000
This appropriation is from the trust
fund to the pollution control agency to
create an ecosystem management plan for
the Red River Valley, integrating land
and water basin management strategies
in cooperation with interstate and
international organizations.
(f) SUSTAINABLE LAKE PLANS 270,000
This appropriation is from the trust
fund to the University of Minnesota,
Center for Urban and Regional Affairs,
in cooperation with the Minnesota Lakes
Association, to develop education
programs and a comprehensive lake plan
in each of the state's five lake
regions.
(g) LAKESHORE RESTORATION - MINNEAPOLIS
CHAIN OF LAKES 300,000
This appropriation is from the trust
fund to the commissioner of natural
resources for an agreement with the
Minneapolis Park and Recreation Board
to restore native plants on lake shores
of the chain of lakes to improve water
quality, wildlife habitat, and decrease
erosion. This appropriation must be
matched by at least $150,000 of
nonstate money.
(h) ATMOSPHERIC AND NONPOINT POLLUTION
TRENDS IN MINNESOTA LAKES 325,000
This appropriation is from the trust
fund to the pollution control agency to
document geographic and historic trends
in lake eutrophication and inputs of
toxic metals and organic pollutants
from land-use impacts and atmospheric
sources. This appropriation is
available until June 30, 2000, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
Subd. 7. Agricultural Practices
(a) BIOLOGICAL CONTROL OF
AGRICULTURAL PESTS 200,000
This appropriation is from the trust
fund to the University of Minnesota to
accelerate using biological control of
pests in agricultural production
systems. This appropriation is
available until June 30, 2000, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(b) CROP MANAGEMENT TO MINIMIZE
PESTICIDE INPUTS 300,000
This appropriation is from the trust
fund to the University of Minnesota to
develop nonpesticide management
strategies for pest control for crops.
(c) SUSTAINABLE FARMING SYSTEMS 560,000
This appropriation is from the trust
fund to the University of Minnesota for
a comprehensive program of
complementary on-farm and experiment
station research, demonstration, and
educational activities about the
economic and environmental effects of
sustainable farming systems.
(d) PRAIRIE-GRASSLAND LANDSCAPES 125,000
This appropriation is from the trust
fund to the commissioner of natural
resources for the second biennium to
implement grassland ecosystem
stewardship activities in the Glacial
Lake Agassiz Interbeach area in
cooperation with the resource
conservation and development councils.
(e) REDUCING MINNESOTA RIVER
POLLUTION FROM LACUSTRINE SOILS 250,000
This appropriation is from the future
resources fund to the commissioner of
agriculture in cooperation with the
University of Minnesota for the second
biennium to research the impact of
farming systems utilizing crop residue
for sediment control on lacustrine
landscapes in the Minnesota River Basin.
(f) MERCURY MANOMETERS 250,000
This appropriation is from the future
resources fund to the commissioner of
agriculture for the purposes of
Minnesota Statutes, sections 17.861,
115A.932, and 116.92, and is available
until June 30, 1999.
Subd. 8. Pollution Prevention
(a) TOXIC EMISSIONS FROM FIRE
TRAINING 65,000
This appropriation is from the trust
fund to metropolitan state university
to identify and quantify toxic
emissions from live-burn training in
acquired structures to evaluate and
propose alternatives. This
appropriation is available until June
30, 2000, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(b) POLLUTION PREVENTION TRAINING
PROGRAM FOR INDUSTRIAL EMPLOYEES 200,000
This appropriation is from the future
resources fund to the director of the
office of environmental assistance for
agreements with Citizens for a Better
Environment and the University of
Minnesota to provide the training and
technical assistance needed for
pollution prevention by industrial
employees.
Subd. 9. Impacts on Natural Resources
(a) GRANTS TO LOCAL GOVERNMENTS
TO ASSIST NATURAL RESOURCE
DECISION MAKING 150,000
This appropriation is from the future
resources fund to the board of water
and soil resources for matching grants
to local governments to help enable
incorporation of impacts on natural
resources into local decision making.
(b) EVALUATION OF URBAN GROWTH
ECONOMIC AND ENVIRONMENTAL
COSTS AND BENEFITS 275,000
This appropriation is from the future
resources fund to the director of the
office of strategic and long-range
planning for an agreement with
Minnesotans for an energy-efficient
economy to evaluate the benefits,
costs, and environmental impacts of
alternative urban and rural growth
patterns.
(c) REINVENTING THE AGRICULTURAL LAND
PRESERVATION PROGRAM 100,000
This appropriation is from the future
resources fund to the commissioner of
agriculture to evaluate the
effectiveness of Minnesota s
agricultural land preservation
programs, and identify and quantify
fiscal impacts of rural sprawl. This
appropriation must be matched by at
least $100,000 of nonstate money or
money from the Minnesota conservation
fund.
(d) NEW MODELS FOR LAND-USE
PLANNING 530,000
This appropriation is from the trust
fund to the commissioner of natural
resources for an agreement with the
Land Stewardship Project for planning,
inventory, technical assistance, and
education addressing voluntary
easements, purchase, and transfer of
development rights to create a
protected green corridor in Washington
and Chisago counties. Up to $30,000 is
to provide training in adapting
holistic resource management concepts
and principles for decision making in
land use planning.
(e) NORTH MINNEAPOLIS UPPER RIVER
MASTER PLAN 300,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the Minneapolis Park and Recreation
Board to develop a master plan
addressing greenspace and trail
development, riverbank restoration, and
stimulation of river-oriented land uses
within a corridor along the east and
west banks of the Mississippi River
from Plymouth Avenue north to the
Minneapolis city limits. This
appropriation must be matched by at
least $100,000 of nonstate money.
(f) PREVENTING STORMWATER RUNOFF
PROBLEMS THROUGH WATERSHED
LAND DESIGN 280,000
This appropriation is from the future
resources fund to the University of
Minnesota to develop watershed-based
land design models for preserving
habitat and traditional patterns, and
preventing flooding and water quality
degradation.
(g) MILLER CREEK MANAGEMENT 100,000
This appropriation is from the future
resources fund to the board of water
and soil resources for agreements with
the Miller Creek Task Force and the
natural resources research institute.
$25,000 is available to the Miller
Creek Task Force to begin the project
to implement water quality improvement
activities on Miller Creek. The
remaining $75,000 is contingent on the
formation of a watershed district or a
joint powers agreement in place by
January 1998, and a match of at least
$25,000 of nonstate money and $25,000
of additional activity being provided
by the natural resources research
institute or other sources. Up to
$25,000 of the remaining $75,000 is for
an agreement with the natural resources
research institute for research
activities.
(h) TROUT HABITAT PRESERVATION
USING ALTERNATIVE WATERSHED
MANAGEMENT PRACTICES 250,000
This appropriation is from the future
resources fund to the board of water
and soil resources to implement
alternative watershed management
practices to preserve the lower reaches
of Browns Creek as trout habitat.
Subd. 10. Decision-Making Tools
(a) COMPARATIVE RISKS OF MULTIPLE
CHEMICAL EXPOSURES 150,000
This appropriation is from the future
resources fund to the commissioner of
health to develop comparative risk
information for managing exposures to
multiple environmental hazards from
measurements of pesticides, volatile
organic compounds, and metals in soil,
air, water, and food.
(b) METROPOLITAN AREA GROUNDWATER
MODEL 300,000
This appropriation is from the trust
fund to the pollution control agency
for the second biennium to improve and
refine the metropolitan groundwater
model to improve contaminant tracking,
cleanup evaluation, and overall
protection of groundwater resources.
(c) WOLF MANAGEMENT PLAN 100,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to develop a
management plan for Minnesota wolves,
to be ready for implementation if the
Eastern Timberwolf is removed from the
federal endangered species list.
(d) MINNESOTA RIVER BASIN NATURAL
RESOURCE DATA 250,000
This appropriation is from the trust
fund to Mankato State University in
cooperation with the Minnesota River
Basin Joint Powers Board to prepare
geographic information system data sets
for the 1,208 minor watersheds, provide
Internet access to the data, and
outreach training. This appropriation
must be matched by at least $100,000 of
nonstate money.
(e) LAND USE DEVELOPMENT AND NATURAL
RESOURCE PROTECTION MODEL 400,000
This appropriation is from the trust
fund to the commissioner of natural
resources for an agreement with the
city of Winona to develop a geographic
information system implementation tool
to assist in the evaluation of natural
resource protection in land use
decision making by local governments.
This appropriation must be matched by
at least $88,000 of nonstate money.
(f) STATEWIDE DIGITAL SOIL
DATABASE - PHASE I 145,000
This appropriation is from the future
resources fund to the board of water
and soil resources for the first
biennium for a pilot program to
investigate methods to digitize data
from older soil surveys and to
coordinate soil survey digitizing in at
least one county on a 50 percent cost
share basis. Up to $30,000 of this
appropriation is for digitization and
must be matched by nonstate money by
April 30, 1999.
(g) FILLMORE COUNTY SOIL
SURVEY UPDATE 65,000
This appropriation is from the trust
fund to the board of water and soil
resources to provide half of the
nonfederal share for the second year of
a six-year project to update the
Fillmore county soil survey into a
digitized and manuscript format.
Subd. 11. Public Access to Natural
Resource Data
(a) FOUNDATIONS FOR INTEGRATED ACCESS
TO ENVIRONMENTAL INFORMATION 650,000
This appropriation is from the future
resources fund to the director of the
office of strategic and long-range
planning for a collaborative effort
among natural resource agencies to
design, develop, and test a solution to
provide integrated electronic access to
environmental and natural resource
data. These data must be made
accessible and free to the public
unless made private under the Data
Practices Act.
(b) PUBLIC ACCESS TO ARCHAEOLOGICAL
KNOWLEDGE 200,000
This appropriation is from the future
resources fund to the Minnesota
Historical Society for an agreement
with the Institute for Minnesota
Archaeology to enhance and provide
public electronic access to regional
archaeological data that have been
acquired or maintained with public
money.
Subd. 12. Sustainable Development
Activities
(a) SUSTAINABLE DEVELOPMENT ASSISTANCE
FOR MUNICIPALITIES THROUGH ELECTRIC
UTILITIES 240,000
This appropriation is from the future
resources fund to the commissioner of
administration for an agreement with
the Minnesota Municipal Utilities
Association to provide decision-making
tools, technical information, and
expert assistance to advance
sustainable renewable energy and energy
efficiency developments and implement
demonstration projects in at least four
communities. This appropriation must
be matched by at least $250,000 in
nonstate money.
(b) RENEWABLE ENERGY DEMONSTRATION
AND EDUCATION IN STATE PARKS 230,000
$80,000 of this appropriation is from
the trust fund and $150,000 is from oil
overcharge money to the commissioner of
natural resources for an agreement with
the Center for Energy and Environment
to demonstrate cost-effective
applications of renewable energy
technologies in state parks by
developing technology selection
guidelines, installing projects in
state parks, and providing public
renewable energy education. This
appropriation is available until June
30, 2000, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(c) ALFALFA BIOMASS PRODUCTION 200,000
This appropriation is from the future
resources fund to the University of
Minnesota for the evaluation of the
environmental impacts and benefits of
the production of alfalfa for
electrical power generation. This
appropriation is available until June
30, 2000, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(d) SUSTAINABLE DEVELOPMENT OF WIND
ENERGY ON FAMILY FARMS 200,000
This appropriation is from the future
resources fund to the commissioner of
administration for an agreement with
the Sustainable Resources Center for
the second biennium to provide
technical assistance, wind assessment,
and technology transfer for the
development of wind energy harvesting.
(e) CONNECTING PEOPLE AND PLACES
THROUGH YELLOW BIKES 95,000
This appropriation is from the future
resources fund to the office of
environmental assistance for an
agreement with the Yellow Bike
Coalition to expand and develop a
bicycle recycling and transportation
program in at least three cities.
(f) SUSTAINABLE GARDENING FOR MINNESOTA
HOMES AND COMMUNITIES 400,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the Sustainable Resources Center for
the fifth biennium to accelerate
community garden programs through
technical assistance to encourage
ecologically sound landscape plantings
and maintenance. Up to $60,000 is to
provide a link between sustainable
agriculture farmers and urban consumers.
(g) ECONOMICS FOR LASTING
PROGRESS 250,000
This appropriation is from the future
resources fund to the director of the
office of strategic and long-range
planning for an assessment of how
economic indicators and policies reward
or discourage pollution, employment,
and sustainable resource use in
Minnesota.
(h) SOY-BASED DIESEL FUEL
STUDY 83,000
This appropriation is from the future
resources fund to the commissioner of
agriculture, in cooperation with one or
more commissioners of appropriate state
agencies, for a pilot project to test
the use of soy-based biodiesel fuel to
operate fleet vehicles. The study must
include an analysis of the
environmental effects, operational
characteristics, and obstacles to widen
use of soy-based biodiesel.
Subd. 13. Environmental Education
(a) SCHOOL NATURE AREA PROJECT
(SNAP) 250,000
This appropriation is from the trust
fund to the commissioner of natural
resources for an agreement with St.
Olaf College for the second biennium to
accelerate partnerships between
institutions of higher education and
schools to develop school nature areas
and demonstrate methods of ecological
enhancement for integration into school
curriculum.
(b) WATERSHED SCIENCE: INTEGRATED
RESEARCH AND EDUCATION PROGRAM 500,000
This appropriation is from the future
resources fund to the Science Museum of
Minnesota to establish a long-term
monitoring program for the Valley Creek
watershed, develop a public geographic
information system laboratory, and
watershed science education programs.
(c) MINNESOTA FROG WATCH 300,000
This appropriation is from the trust
fund to the commissioner of natural
resources for an agreement with the
Center for Global Environmental
Education, Hamline University, for the
second biennium to accelerate the
Minnesota frog watch environmental
education and monitoring program for
youth and families in formal and
nonformal education settings. This
appropriation is available until June
30, 2000, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(d) ENVIRONMENTAL SERVICE LEARNING
PROJECTS IN MINNEAPOLIS SCHOOLS 100,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Eco Education to provide training and
minigrants for student service learning
projects. This appropriation is
available until June 30, 2000, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(e) PARTNERS IN ACCESSIBLE RECREATION
AND ENVIRONMENTAL RESPONSIBILITY 550,000
This appropriation is from the trust
fund to the commissioner of natural
resources for an agreement with
Wilderness Inquiry for the second
biennium to provide a statewide program
of environmental education, outdoor
recreation, and inclusion of people
with disabilities and other minority
groups.
(f) ENVIRONMENTAL SERVICE
LEARNING 100,000
This appropriation is from the trust
fund to the commissioner of natural
resources for an agreement with Stowe
Environmental Elementary School to
develop a partnership of schools,
communities, and agencies for
environmental service learning projects.
(g) STATE WOLF MANAGEMENT: ELECTRONICALLY
MODERATING THE PUBLIC DISCUSSION 100,000
This appropriation is from the trust
fund to the commissioner of natural
resources for an agreement with the
International Wolf Center to provide a
public electronic forum and information
on wolf management. This appropriation
must be matched by at least $20,000 of
nonstate money.
(h) CATCH AND RELEASE 20,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the Rainy Lake Sportfishing Club to
accelerate its catch and release
program. This appropriation must be
matched by at least $10,000 of nonstate
contributions, either cash or in-kind.
(i) ELECTRONIC ENVIRONMENTAL
EDUCATION RAPTOR NETWORK 222,000
This appropriation is from the trust
fund to the University of Minnesota
raptor center for the second biennium
to implement an electronic
environmental education network using
satellite tracking with birds of prey.
The raptor center must seek additional
public and private partnerships.
(j) GREEN PRINT SUCCESS 136,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Ramsey county parks and recreation
department for a cooperative project
including environmental learning
centers, counties, and school districts
to prepare, pilot, and disseminate
information on successful
implementation of the Minnesota green
print plan for environmental education.
(k) ST. PAUL AND MINNEAPOLIS REGIONAL
PARK URBAN INTERPRETATION PROGRAM 200,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the city of St. Paul, division of parks
and recreation, for a program to
increase utilization of St. Paul and
Minneapolis regional parks for
environmental education activities.
Subd. 14. Benchmarks and Indicators
(a) ENVIRONMENTAL INDICATORS
INITIATIVE-CONTINUATION 250,000
This appropriation is from the trust
fund to the commissioner of natural
resources for the second biennium of a
three biennium project to create a
statewide framework for selecting and
monitoring environmental indicators to
assess and communicate Minnesota's
environmental health status and trends.
(b) MINNESOTA'S FOREST BIRD DIVERSITY
INITIATIVE: CONTINUATION 350,000
This appropriation is from the trust
fund to the commissioner of natural
resources for the fourth biennium of a
six-biennium project for a
comprehensive monitoring and research
program that develops management tools
to maintain forest bird diversity.
This appropriation is available until
June 30, 2000, at which time the
project must be completed and final
products delivered, unless an earlier
date is specified in the work program.
(c) WATER QUALITY INDICATORS OF
ENDOCRINE DISRUPTING CHEMICALS 250,000
This appropriation is from the trust
fund to the pollution control agency to
monitor and research the effects of
endocrine disrupting chemicals in
surface waters on fish and wildlife
through analysis of biological effects.
(d) STREAM HABITAT PROTECTION:
CONTINUATION 225,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate the stream flow
protection program. This is the third
biennium of a proposed eight-biennium
effort to establish a watershed level
stream habitat database and develop the
tools to set protected flows for
ecosystem diversity. This
appropriation is available until June
30, 2000, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(e) WETLAND ECOSYSTEMS MONITORING 160,000
This appropriation is from the future
resources fund to the University of
Minnesota to monitor wetland
restorations for their ecological
success and develop a long-term
monitoring database.
(f) LOONS: INDICATORS OF MERCURY
IN THE ENVIRONMENT 230,000
This appropriation is from the trust
fund to the University of Minnesota to
analyze loon exposure to mercury and
its effects on loon health and
reproduction in the wild.
(g) TRAINING AND RESEARCH VESSEL FOR
LAKE SUPERIOR 250,000
$130,000 of this appropriation is from
the trust fund and $120,000 of this
appropriation is from the Great Lakes
protection account to the University of
Minnesota-Duluth to purchase a vessel
for training and research on Lake
Superior. This appropriation must be
matched by at least $250,000 of
nonstate money. This appropriation is
available until June 30, 2000, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
Subd. 15. Native Fisheries
(a) IMPROVED DECISIONS FOR WALLEYE
STOCKING AND SPECIAL REGULATIONS 245,000
This appropriation is from the future
resources fund to the University of
Minnesota to evaluate outcomes of
various stocking and harvest strategies
through modeling and genetic marker
tracking of the best performing strains
to maximize benefits of walleye
stocking and harvest regulations on
individual lakes. This appropriation
is available until June 30, 2000, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
(b) MINNESOTA RARE MUSSEL
CONSERVATION 91,000
This appropriation is from the trust
fund to the University of Minnesota to
establish and monitor refugia in the
St. Croix River to improve freshwater
mussel conservation.
Subd. 16. Land Acquisition in High
Growth Areas
(a) SAND DUNES STATE FOREST
ACQUISITION 400,000
This appropriation is from the trust
fund to the commissioner of natural
resources to acquire approximately 200
acres of lands within the Sand Dunes
State Forest, according to the
Cambridge area forest resource
management plan.
(b) ARBORETUM LAND ACQUISITION 450,000
This appropriation is from the trust
fund to the University of Minnesota for
a grant to the University of Minnesota
Landscape Arboretum Foundation for the
second biennium for land acquisition to
expand the boundary of the Minnesota
Landscape Arboretum. This
appropriation must be matched by at
least $450,000 of nonstate money.
Subd. 17. Critical Lands or Habitats
(a) SUSTAINABLE WOODLANDS ON PRIVATE
LANDS 875,000
This appropriation is from the future
resources fund to the commissioner of
natural resources, in cooperation with
the Minnesota Forestry Association, to
develop stewardship plans for private
landowners and implement natural
resource projects by providing matching
money to private landowners.
(b) CANNON RIVER WATERSHED:
INTEGRATED MANAGEMENT 350,000
This appropriation is from the future
resources fund to the board of water
and soil resources for an agreement
with the Cannon River Watershed
Partnership for the third biennium to
implement activities in the Cannon
River watershed through easements,
matching grants, and technical
assistance.
(c) PEATLAND RESTORATION 275,000
This appropriation is from the future
resources fund to the University of
Minnesota-Duluth, natural resources
research institute, to promote
reestablishment of diverse, sustainable
peatland ecosystems on harvested
peatland sites through accelerated
development of cost effective, reliable
peatland restoration techniques.
(d) PRAIRIE HERITAGE PROJECT 500,000
This appropriation is from the trust
fund to the commissioner of natural
resources for an agreement with
Pheasants Forever, Inc., to acquire and
develop land for prairie grasslands and
wetlands to be donated to the public.
The land must be open and accessible to
the public. This appropriation must be
matched by at least $500,000 of
nonstate money. In addition to the
required work program, parcels may not
be acquired until parcel lists have
been submitted to the legislative
commission on Minnesota resources and
the commission has approved the parcel
list or allowed 60 days to pass.
(e) PHALEN AREA WETLAND
RESTORATION, PHASE II 600,000
This appropriation is from the trust
fund to the commissioner of natural
resources for an agreement with the
city of St. Paul for design, pre- and
post-construction monitoring, and
construction of approximately nine
acres of wetland.
(f) POINT DOUGLAS BLUFFLAND
ACQUISITION 125,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the Carpenter St. Croix Valley Nature
Center to purchase blufflands along the
Mississippi and St. Croix riverways.
The land must be open and accessible to
the public. The nature center must
provide that the property will revert
to the state if the property ceases to
be used as a nature center that is open
and accessible to the public at no
charge. This appropriation is
available until June 30, 1999, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
(g) MINNESOTA POINT PROTECTION 75,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Park Point Community Club for
administrative and management expenses
to secure the protection of the old
growth stands and bird sanctuary at
Minnesota Point in Duluth.
(h) SAVANNAH RESTORATION FOR
SHARP-TAILED GROUSE 30,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the Minnesota Sharp-Tailed Grouse
Society to identify and inventory
restorable northern savannahs for
sharp-tailed grouse habitat.
(i) RIM - CRITICAL HABITAT ACQUISITION
AND ENHANCEMENT 630,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate the reinvest in
Minnesota program activities authorized
under Minnesota Statutes, section
84.943. Projects must occur in both
urban and rural areas. Retroactive
reimbursement for the greening the
great river park project is authorized.
(j) RIM - WILDLIFE HABITAT
STEWARDSHIP 400,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate the reinvest in
Minnesota program to improve wildlife
habitat and natural plant communities
statewide on public lands, both urban
and rural, to protect and enhance
wildlife, native plant species, and
ecological diversity.
(k) SCIENTIFIC AND NATURAL AREA
ACQUISITION 200,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate the acquisition
of land for scientific and natural
areas under Minnesota Statutes, section
84.033.
(l) RIM - WILDLIFE HABITAT
ACQUISITION 500,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate acquisition of
North American waterfowl management
plan wetlands and associated uplands on
a cost-share basis and wildlife habitat
in areas of high population growth.
(m) RIM - ACCELERATE FISHERIES
ACQUISITION 567,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate the reinvest in
Minnesota program to acquire land
adjacent to lakes and streams to
provide for angler and management
access or protection of critical
riparian habitat, including access for
nonboat owners and urban users. This
appropriation is available until June
30, 2000, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(n) MINNESOTA COUNTY BIOLOGICAL
SURVEY - CONTINUATION 1,200,000
This appropriation is from the trust
fund to the commissioner of natural
resources for the sixth biennium of a
proposed 12-biennium project to
accelerate the county biological survey
for the systematic collection,
interpretation, and distribution of
data on the ecology of rare plants,
animals, and natural communities.
(o) FISHING PIER AND PUBLIC
SHORE ACCESS 355,000
This appropriation is from the trust
fund to the commissioner of natural
resources to provide increased access
to lakes and rivers statewide through
the provision of fishing piers and
shoreline access.
(p) PUBLIC BOAT ACCESS 350,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate public water
access acquisition and development
statewide.
(q) FISHERIES STATEWIDE HATCHERY
REHABILITATION 400,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate the reinvest in
Minnesota program to implement projects
to maintain and improve statewide fish
culture facilities. This appropriation
is available until June 30, 2000, at
which time the project must be
completed and final products delivered,
unless an earlier date is specified in
the work program.
Subd. 18. Wildlife or Trail Corridors
(a) MESABI TRAIL LAND ACQUISITION
AND DEVELOPMENT 600,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the St. Louis and Lake Counties
Regional Rail Authority for the third
biennium to develop and acquire
segments of the Mesabi trail. This
appropriation must be matched by at
least $600,000 of nonstate money. This
appropriation is available until June
30, 2000, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(b) CHIPPEWA COUNTY REGIONAL TRAIL 400,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the city of Montevideo for the second
biennium to complete the construction
of the Chippewa county trail system in
Montevideo. This appropriation must be
matched by at least $226,000 of
nonstate money. This appropriation is
available until June 30, 2000, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
Subd. 19. Native Species Planting
(a) MINNESOTA RELEAF TREE PLANTING
AND PRESERVATION GRANT PROGRAM 300,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for the third
biennium for matching grants to local
communities to plant predominantly
native trees and protect native oak
forests from oak wilt.
(b) RESTORING WHITE PINE IN THE
MINNESOTA LANDSCAPE 120,000
This appropriation is from the trust
fund to the University of Minnesota to
investigate factors currently limiting
establishment of white pine seedlings
in various forest cover types.
Management recommendations for natural
regeneration, seeding, and planting
must be developed.
(c) OAK SAVANNAH RESTORATION IN
ST. PAUL REGIONAL PARKS 200,000
This appropriation is from the trust
fund to the commissioner of natural
resources for an agreement with the
city of St. Paul, division of parks and
recreation, to restore oak savannah
ecosystems in regional parks.
(d) PRAIRIE AND OAK SAVANNAH
RESTORATION 50,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
the St. Paul Audubon Society to restore
natural areas of sites in at least two
parks that have residual prairie and
oak savannah areas.
Subd. 20. Exotic Species
(a) BALLAST WATER TECHNOLOGY
DEMONSTRATION FOR EXOTIC
SPECIES CONTROL 250,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a demonstration
project in cooperation with the Duluth
Port Authority to test, evaluate, and
refine techniques for preventing the
introduction and dispersal of exotic
species from ballast water into Lake
Superior.
(b) BIOLOGICAL CONTROL OF EURASIAN
WATER MILFOIL AND PURPLE
LOOSESTRIFE - CONTINUATION 150,000
This appropriation is from the trust
fund to the commissioner of natural
resources for the third biennium of a
five-biennium project to develop
biological controls for Eurasian water
milfoil and purple loosestrife. This
appropriation is available until June
30, 2000, at which time the project
must be completed and final products
delivered, unless an earlier date is
specified in the work program.
(c) CONTROL OF WEEDS IN NATIVE
WILD RICE 100,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Bois Forte Reservation for a Nett Lake
biocontrol study to remove exotic and
nuisance weeds from a wild rice lake.
Any release of organisms must be in
compliance with state and federal
permits. This appropriation must be
matched by at least $100,000 of
nonstate money. This appropriation is
available until June 30, 2000, at which
time the project must be completed and
final products delivered, unless an
earlier date is specified in the work
program.
Subd. 21. Data Availability Requirements
(a) During the biennium ending June 30,
1999, 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 and
government information access council.
These data must be made accessible and
free to the public unless made private
under the Data Practices Act.
(b) As part of their project
expenditures, recipients of land
acquisition appropriations must provide
the information necessary to update
public recreation information maps and
other appropriate media to the
department of natural resources in the
specified form.
Subd. 22. Project Requirements
It is a condition of acceptance of the
appropriations in this section that any
agency or entity receiving the
appropriation must comply with
Minnesota Statutes, chapter 116P.
Subd. 23. Match Requirements
Unless specifically authorized,
appropriations in this section that
must be matched and for which the match
has not been committed by January 1,
1998, are canceled, and in-kind
contributions may not be counted as
match.
Subd. 24. Payment Conditions and
Capital Equipment Expenditures
All agreements, grants, or contracts
referred to in this section must be
administered on a reimbursement basis.
Notwithstanding Minnesota Statutes,
section 16A.41, expenditures made on or
after July 1, 1997, or the date the
work program is approved, whichever is
later, are eligible for reimbursement.
Payment must be made upon receiving
documentation that project-eligible
reimbursable amounts have been
expended, except that reasonable
amounts may be advanced to projects in
order to accommodate cash flow needs.
The advances must be approved as part
of the work program. No expenditures
for capital equipment are allowed
unless expressly authorized in the
project work program.
Subd. 25. Purchase of Recycled and
Recyclable Materials
A political subdivision, public or
private corporation, or other entity
that receives an appropriation in this
section must use the appropriation in
compliance with Minnesota Statutes,
sections 16B.121 to 16B.123, requiring
the purchase of recycled, repairable,
and durable materials, the purchase of
uncoated paper stock, and the use of
soy-based ink, the same as if it were a
state agency.
Subd. 26. Carryforward
(a) The availability of the
appropriations for the following
projects is extended to June 30, 1998:
Laws 1996, chapter 407, section 8,
subdivision 3, paragraph (c), local
grants; Laws 1995, chapter 220, section
19, subdivision 4, paragraph (e), local
grants, paragraph (l), Wildcat Regional
Park; subdivision 5, paragraph (d),
blufflands landscape, paragraph (f),
atmospheric mercury emissions,
deposition and environmental cost
evaluation, paragraph (i), water
quality impacts of feedlot pollution
control systems, and paragraph (r),
developing, evaluating, and promoting
sustainable farming systems;
subdivision 6, paragraph (b),
environmental education teacher
training, paragraph (g), electronic
environmental education network; and
paragraph (r), as amended by Laws 1996,
chapter 407, section 51, Ney
environmental center and paragraph (s),
Lawndale Environmental Center;
subdivision 7, paragraph (f),
completion of statewide land use
update, paragraph (g), Fillmore county
soil survey update, paragraph (j),
microbial deterioration of asphalt
materials and prevention, and paragraph
(k), analysis of lands enrolled in
conservation reserve program;
subdivision 8, paragraph (a), urban
wildlife habitat program; paragraph
(e), Phalen wetland restoration;
subdivision 11, paragraph (e), energy
improvements in public ice arenas.
(b) The availability of the
appropriation for the following
projects is extended to June 30, 1999:
Laws 1995, chapter 220, section 19,
subdivision 4, paragraph (a),
metropolitan regional park system;
paragraph (g), clause (1), as amended
by Laws 1996, chapter 407, section 50,
local share for ISTEA federal projects
and subdivision 12, paragraph (a),
restore historic Mississippi river mill
site; Laws 1994, chapter 632, article
2, section 6, Silver Bay harbor; and
Laws 1993, chapter 172, section 14,
subdivision 10, paragraph (o), Lake
Superior safe harbors-continuation.
Subd. 27. Energy Conservation
A recipient to whom an appropriation is
made in this section for a capital
improvement project shall ensure that
the project complies with the
applicable energy conservation
standards contained in law, including
Minnesota Statutes, sections 216C.19 to
216C.21, and rules adopted thereunder.
The recipient may use the energy
planning and intervention and energy
technologies units of the commissioner
of public service to obtain information
and technical assistance on energy
conservation and alternative energy
development relating to the planning
and construction of the capital
improvement project.
Sec. 16. 1997 DEFICIENCIES;
DEPARTMENT OF NATURAL RESOURCES
$500,000 in fiscal year 1997 is for a
binding arbitration award related to
the removal of the Flandrau Dam.
$600,000 is for snowmobile
grants-in-aid from the snowmobile
trails and enforcement account for
fiscal year 1997, to be available until
June 30, 1997.
Sec. 17. ETHANOL DEVELOPMENT
FUND TRANSFER
As cash flow in the ethanol development
fund under Minnesota Statutes, section
41B.044, permits, but no later than
June 30, 1999, the commissioner of
finance, in consultation with the
commissioner of agriculture, shall
transfer $820,000 from the unencumbered
balance in the fund to the general fund.
Sec. 18. Minnesota Statutes 1996, section 17.03, is
amended by adding a subdivision to read:
Subd. 12. [CONTRACTS; APPROPRIATION.] The commissioner may
accept money as part of a contract with any public or private
entity to provide statutorily prescribed services by the
department. A contract must specify the services to be provided
by the department and the amount and method of reimbursement.
Money generated in a contractual agreement under this section
must be deposited in a special revenue fund and is appropriated
to the department for purposes of providing services specified
in the contracts. Contracts under this section must be
processed in accordance with section 16B.06. The commissioner
must report revenues collected and expenditures made under this
section to the chairs of the environment and natural resources
finance committee in the house of representatives and the
environment and agriculture budget division in the senate by
January 15 of each odd-numbered year.
Sec. 19. Minnesota Statutes 1996, section 17.101, is
amended to read:
17.101 [PROMOTIONAL ACTIVITIES.]
Subdivision 1. [DEPARTMENTAL DUTIES.] For the purposes of
expanding, improving, and developing the markets for production
and marketing of products of Minnesota agriculture, the
commissioner shall encourage and promote the production and
marketing of these products by means of:
(a) advertising Minnesota agricultural products;
(b) assisting state agricultural commodity organizations;
(c) developing methods to increase processing and marketing
of agricultural commodities including commodities not being
produced in Minnesota on a commercial scale, but which may have
economic potential in national and international markets;
(d) investigating and identifying new marketing technology
and methods to enhance the competitive position of Minnesota
agricultural products;
(e) evaluating livestock marketing opportunities;
(f) assessing and developing national and international
markets for Minnesota agricultural products;
(g) studying the conversion of raw agricultural products to
manufactured products including ethanol;
(h) hosting the visits of foreign trade teams to Minnesota
and defraying the teams' expenses;
(i) assisting Minnesota agricultural businesses desiring to
sell their products; and
(j) conducting research to eliminate or reduce specific
production or technological barriers to market development and
trade; and
(k) other activities the commissioner deems appropriate to
promote Minnesota agricultural products, provided that the
activities do not duplicate programs or services provided by the
Minnesota trade division or the Minnesota world trade center
corporation.
Subd. 2. [AGRICULTURAL DEVELOPMENT GRANTS AND CONTRACTS.]
In order to carry out the duties in subdivision 1, the
commissioner, in addition to whatever other resources the
department may commit, shall make grants and enter into
contracts to fulfill the obligations of subdivision 1. The
commissioner may enter into partnerships or seek gifts to carry
out subdivision 1. The commissioner may contract with, among
others, agricultural commodity organizations, the University of
Minnesota, and agriculture related businesses to fulfill the
duties. The commissioner shall make permanent rules for the
administration of these grants and contracts. The rules shall
specify at a minimum:
(a) eligibility criteria;
(b) application procedures;
(c) provisions for application review and project approval;
(d) provisions for program monitoring and review for all
approved grants and contracts; and
(e) other provisions the commissioner finds necessary.
Contracts entered into by the commissioner pursuant to this
subdivision shall not exceed 75 percent of the cost of the
project supported by the commissioner's grant. In any biennium,
no organization shall receive more than $70,000 in grants from
the commissioner.
Subd. 3. [AUDITS.] The books, records, documents, and
accounting procedures and practices of any organization
receiving a grant or contract from the commissioner under the
provisions of subdivision 2 shall be subject to examination by
the department. The commissioner may prescribe uniform methods
of accounting to be used by grant or contract recipients.
Subd. 4. [ADVISORY GROUP.] The commissioner may establish
an ad hoc advisory group to assist in evaluating grant requests
made pursuant to under subdivision 2.
Subd. 5. [VALUE-ADDED AGRICULTURAL LIVESTOCK PROCESSING
AND MARKETING GRANT PROGRAM.] (a) For purposes of this section,
"livestock or dairy processing facility" means land, buildings,
structures, fixtures, and improvements located or to be located
in Minnesota and used or operated primarily for the processing
or production of marketable products from agricultural livestock
or dairy commodities produced.
(b) The commissioner shall establish and implement a
value-added agricultural livestock and dairy processing and
marketing grant program to help farmers finance new cooperatives
that organize for the purposes of operating livestock and dairy
processing facilities and for marketing activities related to
the sale and distribution of processed livestock and dairy
products.
(c) To be eligible for this program a grantee must:
(1) be a cooperative organized under chapter 308A;
(2) certify that all of the control and equity in the
cooperative is from farmers as defined in section 500.24,
subdivision 2, who are actively engaged in livestock or dairy
production;
(3) be operated primarily for the processing of livestock
or dairy produced in Minnesota;
(4) receive livestock or dairy produced primarily by
shareholders or members of the cooperative; and
(5) have no direct or indirect involvement in the
production of livestock and dairy.
(d) The commissioner may receive applications from and make
grants up to $50,000 for feasibility, marketing analysis, and
predesign of facilities to eligible cooperatives. The
commissioner shall give priority to applicants who use the
grants for planning costs related to an application for
financial assistance from the United States Department of
Agriculture, Rural Business - Cooperative Service.
Sec. 20. [17.110] [BEAVER DAMAGE CONTROL GRANTS.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
agriculture shall establish a beaver damage control grant
program to provide grants for the control of beaver activities
causing damage to public waters, roads, and ditches and adjacent
private property. The grants may only be made to a joint powers
board established under section 471.59 by two or more
governmental units and may include Indian tribal governments.
Subd. 2. [GRANT AMOUNT.] The commissioner may provide up
to 50 percent of the costs of implementing a beaver damage
control program by a joint powers board.
Subd. 3. [AWARDING OF GRANTS.] Applications for grants
must be made to the commissioner on forms prescribed by the
commissioner. The commissioner shall consult with town
supervisors and county commissioners representing different
areas of the state in developing the application form. A joint
powers board seeking a grant may be required to supply
information on the beaver control program it has adopted, the
extent of the problem in the geographic area covered by the
joint powers agreement, and the ability of the joint powers
board to match the state grant. The commissioner may prioritize
the grant applications based upon the information requested as
part of the grant application.
Subd. 4. [REPORT.] (a) Within one year after receiving a
grant under this section, a joint powers board must report to
the commissioner on the board's efforts to control beaver in the
area.
(b) The commissioner shall report to the senate and house
environment and natural resources committees on the efforts
under this section to control beaver by December 15 of each
even-numbered year.
Sec. 21. Minnesota Statutes 1996, section 17.116,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] (a) Grants may only be made to
farmers, educational institutions, individuals at educational
institutions, or nonprofit organizations residing or located in
the state for demonstrations on farms in the state.
(b) Grants may only be made for projects that show:
(1) the ability to maximize direct or indirect energy
savings or production;
(2) a positive effect or reduced adverse effect on the
environment; and
(3) profitability for the individual farm.
Sec. 22. Minnesota Statutes 1996, section 17.116,
subdivision 3, is amended to read:
Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants
must be made to the commissioner on forms prescribed by the
commissioner.
(b) The applications must be reviewed, ranked, and
recommended by a technical review panel appointed by the
commissioner. The technical review panel shall consist of a
soil scientist, an agronomist, a representative from a
post-secondary educational institution, two resident farmers of
the state using sustainable agriculture methods, and a chair
from the department.
(c) The technical review panel shall rank applications
according to the following criteria:
(1) direct or indirect energy savings or production;
(2) environmental benefit;
(3) farm profitability;
(4) the number of farms able to apply the techniques or the
technology proposed;
(5) the effectiveness of the project as a demonstration;
(6) the immediate transferability of the project to farms;
and
(7) the ability of the project to accomplish its goals.
(d) The commissioner shall consider the recommendations of
the technical review panel and may award grants for eligible
projects. Priority must be given to applicants who are farmers
or groups of farmers.
(e) Grants for eligible projects may not exceed $25,000
unless the portion above $25,000 is matched on an equal basis by
the applicant's cash or in-kind land use contribution. Grant
funding of projects may not exceed $50,000 under this section,
but applicants may utilize other funding sources. A portion of
each grant must be targeted for public information activities of
the project.
(f) A project may continue for up to three years.
Multiyear projects must be reevaluated by the technical review
panel and the commissioner before second or third year funding
is approved. A project is limited to one grant for its funding.
(g) Only one grant under this section may be made per
grantee.
Sec. 23. [17.458] [AGROFORESTRY.]
Subdivision 1. [DEFINITION.] "Agroforestry" means the
cultivation of short-rotation woody crops using agricultural
practices to produce timber or forest products.
Subd. 2. [AGRICULTURAL PURSUIT.] Agroforestry is an
agricultural pursuit.
Sec. 24. Minnesota Statutes 1996, section 17.4988, is
amended to read:
17.4988 [LICENSE AND INSPECTION FEES.]
Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or
license must be issued by the commissioner if the requirements
of law are met and the license and permit fees specified in this
section are paid.
Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for
an aquatic farming license is $275.
(b) The aquatic farming license may contain endorsements
for the rights and privileges of the following licenses under
the game and fish laws. The endorsement must be made upon
payment of the license fee prescribed in section 97A.475 for the
following licenses:
(1) minnow dealer license;
(2) minnow retailer license for sale of minnows as bait;
(3) minnow exporting license;
(4) minnow dealer helper license;
(5) aquatic farm vehicle endorsement, which includes a
minnow dealer vehicle license, a minnow retailer vehicle
license, an exporting minnow hauler vehicle license, and a fish
vendor vehicle license;
(6) (5) sucker egg taking license; and
(7) (6) game fish packers license.
Subd. 3. [INSPECTION FEES.] The fees for the following
inspections are:
(1) initial inspection of each water to be licensed, $50;
(2) fish health inspection and certification, $20
plus $80 $100 per lot thereafter; and
(3) initial inspection for containment and quarantine
facility inspections, $50.
Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a
commercial aquarium facility must have a commercial aquarium
facility license issued by the commissioner if the facility
contains species of aquatic life that are for sale and that are
present in waters of the state. The commissioner may require an
aquarium facility license for aquarium facilities importing or
holding species of aquatic life that are for sale and that are
not present in Minnesota if those species can survive in waters
of the state. The fee for an aquarium facility license
is $15 $19.
(b) Game fish transferred by an aquarium facility must be
accompanied by a receipt containing the information required on
a shipping document by section 17.4985, subdivision 3, paragraph
(b).
Sec. 25. Minnesota Statutes 1996, section 17.76, is
amended to read:
17.76 [MINNESOTA DAIRY PRODUCERS BOARD.]
Subdivision 1. [ESTABLISHMENT; COMPOSITION; OFFICERS.] (a)
The Minnesota dairy producers board consists of 17 18 members.
Fourteen of the members must be eligible family dairy
producers. Three Four of the members must represent food
consumer groups. For purposes of this section, "eligible family
dairy producer" means a natural person who daily manages and
operates a dairy farm owned by the person. "Eligible family
dairy producer" does not include a person who is currently an
employee of or a member of the board of directors of an
organization involved in milk processing or dairy marketing.
(b) The board shall elect from among its members a chair
and other appropriate officers.
Subd. 2. [APPOINTMENT; TERMS; COMPENSATION.] (a) Two
members of the board shall be appointed by each of seven
organizations representing agriculture in Minnesota. The
organizations are:
Minnesota Farmers Union;
National Farmers Organization;
Farmers Union Milk Marketing Cooperative;
Minnesota Milk Producers;
Sustainable Farming Association of Minnesota;
Minnesota Farm Bureau; and
Minnesota COACT.
One member Two members of the board shall be appointed by
each of three two organizations representing consumers in
Minnesota. The organizations are:
Minnesota Food Association; and
Minnesota Senior Federation; and
Minnesota COACT.
To the extent practicable, the members must be selected to
represent the broad diversity of Minnesota's dairy producers.
(b) The terms and compensation of members and reimbursement
for their expenses is governed by section 15.059.
(c) The board expires on June 30, 2001.
Subd. 3. [DUTIES.] (a) The board shall may monitor
economic aspects of the dairy production, processing, and
marketing process including:
(1) the movement of milk by processors;
(2) price setting at the Green Bay, Wisconsin, National
Cheese Exchange in Chicago;
(3) processor pricing schemes methods;
(4) producer checkoffs and the use of checkoff funds;
(5) federal and state pricing policy; and
(6) other activities that affect the farm gate price of raw
milk.
(b) The board shall may regularly educate producers,
processors, consumers, and policymakers about the reasons for
inadequate raw milk prices.
(c) The board shall may conduct quarterly surveys of dairy
producers to identify problems created by milk prices that do
not provide a fair return on the investment of producers. The
board must may compile the information from these surveys and
recommend solutions to producers.
(d) The board shall may determine dairy production costs in
each county through periodic surveys and from local
organizations of producers.
(e) The board shall serve as an advocate for dairy
producers in assuring that members of cooperatives are awarded
protections similar to the rights of members of cooperative
electric associations under section 216B.027.
Sec. 26. [17.861] [REPLACEMENT OF MERCURY MANOMETERS.]
The commissioner, in cooperation with the pollution control
agency, the office of environmental assistance, dairy equipment
manufacturers and suppliers, and other interested parties, shall
develop a program to provide replacement nonmercury manometers
for a $50 fee and to arrange for the acceptance, disposal, and
recycling of the mercury, apparatus, and manometers at no cost
to the dairy farmer. The mercury, manometers, and apparatus
shall be managed in accordance with sections 115A.932 and 116.92.
Sec. 27. Minnesota Statutes 1996, section 18.79, is
amended by adding a subdivision to read:
Subd. 12. [NOXIOUS-WEED-FREE FORAGE AND MULCH
CERTIFICATION AGENCY.] The official certification agency for
noxious-weed-free forage and mulch shall be determined by the
commissioner of agriculture in consultation with the director of
the Minnesota agricultural experiment station.
Sec. 28. Minnesota Statutes 1996, section 18C.421,
subdivision 1, is amended to read:
Subdivision 1. [SEMIANNUAL STATEMENT.] (a) Each licensed
distributor of fertilizer and each registrant of a specialty
fertilizer, soil amendment, or plant amendment must file a
semiannual statement for the periods ending December 31 and June
30 with the commissioner on forms furnished by the commissioner
stating the number of net tons and grade of each raw fertilizer
material distributed or the number of net tons of each brand or
grade of fertilizer, soil amendment, or plant amendment
distributed in this state during the reporting period.
(b) A report from a licensee who sells to an ultimate
consumer must be accompanied by records or invoice copies
indicating the name of the distributor who paid the inspection
fee, the net tons received, and the grade or brand name of the
products received.
(c) The report is due on or before the last day of the
month following the close of each reporting period of each
calendar year.
(d) The inspection fee at the rate stated in section
18C.425, subdivision 6, must accompany the statement.
Sec. 29. Minnesota Statutes 1996, section 18C.425,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION FEES FERTILIZER LICENSE.] (a)
An application for other licenses a license for each fixed
location to be covered by the license within the state must be
accompanied by a nonrefundable application fee of $100 fee.
(b) An application for a license for all fixed locations of
a firm outside of the state must be accompanied by
a nonrefundable application fee of $100.
(c) An application for a license to cover mobile mechanical
units must be accompanied by a nonrefundable application fee of
$100 for the first unit operated by one distributor and $50 for
each additional mobile mechanical unit.
Sec. 30. Minnesota Statutes 1996, section 18C.425,
subdivision 2, is amended to read:
Subd. 2. [SPECIALTY FERTILIZER REGISTRATION.] An
application for registration of a specialty fertilizer must be
accompanied by a registration nonrefundable application fee of
$100 for each brand and grade to be sold or distributed as
provided in section 18C.411.
Sec. 31. Minnesota Statutes 1996, section 18C.425,
subdivision 3, is amended to read:
Subd. 3. [SOIL AMENDMENT AND PLANT AMENDMENT
REGISTRATION.] An application for registration of a soil
amendment or plant amendment must be accompanied by a
registration nonrefundable application fee of $200 for each
brand sold or distributed as provided in section 18C.411.
Sec. 32. Minnesota Statutes 1996, section 18C.425,
subdivision 6, is amended to read:
Subd. 6. [INSPECTION FEES.] A The person who sells or
distributes responsible for payment of the inspection fees for
fertilizers, soil amendments, or plant amendments sold and used
in this state must pay an inspection fee amounting to the
greater of 15 cents per ton of fertilizer, soil amendment, and
plant amendment sold or distributed in this state or, with a
minimum of $10 on all tonnage reports. Products sold or
distributed to manufacturers or exchanged between them are
exempt from the inspection fee imposed by this subdivision if
the products are used exclusively for manufacturing purposes.
Sec. 33. Minnesota Statutes 1996, section 18C.531,
subdivision 2, is amended to read:
Subd. 2. [AGRICULTURAL LIMING MATERIALS.] "Agricultural
liming materials" means materials whose calcium or magnesium
compounds, or both, account for an ENP of 30 20 percent or more
and includes, but is not limited to, burnt lime, hydrated lime,
industrial by-product, limestone, and marl.
Sec. 34. Minnesota Statutes 1996, section 18C.551, is
amended to read:
18C.551 [LICENSE APPLICATION, SAMPLING, AND INSPECTION
FEES.]
Subdivision 1. [APPLICATION FEE AGRICULTURAL LIMING
MATERIALS LICENSE.] An application for a license must be
accompanied by a nonrefundable license application fee of $150.
This fee shall does not apply to occasional sales of 50 tons or
less on an annual basis.
Subd. 2. [ADDITIONAL FEE AFTER JANUARY 1 FOR LATE
APPLICATION.] If an application for license renewal is not filed
before January 1, an additional nonrefundable application fee of
50 percent of the amount due may be assessed before the renewal
license is issued.
Subd. 2a. [FEE FOR PRODUCT USE WITHOUT INITIAL
LICENSE.] An applicant shall pay an additional application fee
equal to the amount due for each license required if the
applicant has distributed or used products in this state before
the commissioner has issued an initial license for the products
distributed or used.
Subd. 3. [INSPECTION FEES.] A person shall pay an
inspection fee, at the rate of five cents per ton, must be paid
to the commissioner for all agricultural liming material offered
for sale or sold in this state with a minimum of $10 on all
tonnage reports. If more than one person is involved in the
distribution of agricultural liming material, the person who
first sells or imports the agricultural liming material is
responsible for the inspection fee. A person licensed under
section 18C.541 must retain invoices showing proof of inspection
fees paid.
Subd. 4. [SAMPLE AND ANALYSIS FEE.] The commissioner may
sample agricultural liming material from a source of production
to the extent the commissioner considers necessary to implement
sections 18C.531 to 18C.575. The commissioner shall charge a
sampling fee of $40 must be assessed for each sample collected.
If the sample and analysis fee is not paid before 60 days after
billing, the commissioner shall assess an additional
nonrefundable late payment fee of 50 percent of the total sample
and analysis fee due.
Subd. 5. [DEPOSIT OF FEES.] Fees and penalties collected
under sections 18C.531 to 18C.575 must be deposited in the
general fund.
Sec. 35. Minnesota Statutes 1996, section 25.31, is
amended to read:
25.31 [CITATION, COMMERCIAL FEED LAW.]
Sections 25.31 to 25.44 shall be 25.43 are known and may be
cited as the Minnesota Commercial Feed Law.
Sec. 36. Minnesota Statutes 1996, section 25.32, is
amended to read:
25.32 [ENFORCING OFFICIAL.]
Sections 25.31 to 25.44 25.43 shall be administered by the
commissioner of the department of agriculture, hereinafter
referred to as the "commissioner".
Sec. 37. Minnesota Statutes 1996, section 25.33,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] When used in sections 25.31 to
25.44 25.43, the terms defined in this section have the meanings
given them.
Sec. 38. Minnesota Statutes 1996, section 25.33,
subdivision 5, is amended to read:
Subd. 5. [COMMERCIAL FEED.] "Commercial feed" means all
materials except or combinations of materials that are
distributed or intended to be distributed for use as feed or for
mixing in feed, including feed for aquatic animals, unless the
materials are specifically exempted. Unmixed seed, whole or
processed, when seeds and physically altered entire unmixed
seeds, if the whole or physically altered seeds are not
chemically changed or are not adulterated within the meaning of
section 25.37, paragraphs paragraph (a), (b), (c), or (d) which
are distributed for use as feed or for mixing in feed, including
feed for aquatic animals are exempt. The commissioner by rule
may exempt from this definition, or from specific provisions of
sections 25.31 to 25.44 25.43, commodities such as hay, straw,
stover, silage, cobs, husks, hulls, and individual chemical
compounds or substances when such if those commodities,
compounds, or substances are not intermixed with other
materials, and are not adulterated within the meaning of section
25.37, paragraphs paragraph (a), (b), (c), or (d).
Sec. 39. Minnesota Statutes 1996, section 25.33,
subdivision 6, is amended to read:
Subd. 6. [FEED INGREDIENT.] "Feed ingredient" means each
of the constituent materials making up a commercial feed or pet
food.
Sec. 40. Minnesota Statutes 1996, section 25.33,
subdivision 9, is amended to read:
Subd. 9. [CUSTOMER FORMULA FEED.] "Customer formula feed"
means commercial feed which consists of a mixture of commercial
feeds or feed ingredients or both, each batch of which is
manufactured according to the specific instructions of the final
purchaser.
Sec. 41. Minnesota Statutes 1996, section 25.33,
subdivision 20, is amended to read:
Subd. 20. [PET.] "Pet" means any a domesticated animal dog
or cat normally maintained in or near the household of the its
owner thereof.
Sec. 42. Minnesota Statutes 1996, section 25.33, is
amended by adding a subdivision to read:
Subd. 21. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture or a designated representative.
Sec. 43. Minnesota Statutes 1996, section 25.33, is
amended by adding a subdivision to read:
Subd. 22. [SPECIALTY PET.] "Specialty pet" means a
domesticated animal normally maintained in a cage or tank,
including, but not limited to, a gerbil, hamster, canary,
psittacine bird, mynah, finch, tropical fish, goldfish, snake,
or turtle. "Specialty pet" does not include a dog, cat, horse,
rabbit, or wild bird.
Sec. 44. Minnesota Statutes 1996, section 25.33, is
amended by adding a subdivision to read:
Subd. 23. [SPECIALTY PET FOOD.] "Specialty pet food" means
commercial feed prepared and distributed for consumption by
specialty pets.
Sec. 45. Minnesota Statutes 1996, section 25.33, is
amended by adding a subdivision to read:
Subd. 24. [QUANTITY STATEMENT.] "Quantity statement" means
a statement of the net weight (mass), net volume (liquid or
dry), count, or other form of measurement.
Sec. 46. [25.341] [LICENSING.]
Subdivision 1. [REQUIREMENT.] Before a person may: (1)
manufacture a commercial feed in the state; (2) distribute a
commercial feed in or into the state; or (3) have the person's
name appear on the label of a commercial feed as guarantor, the
person must have a commercial feed license for each
manufacturing or distributing facility. A person who makes only
retail sales of commercial feed bearing labeling or another
approved indication that the commercial feed is from a licensed
manufacturer, guarantor, or distributor who has assumed full
responsibility for the tonnage inspection fee due under sections
25.31 to 25.43 is not required to obtain a license.
Subd. 2. [APPLICATION; FEE; TERM.] A person who is
required to have a commercial feed license shall submit an
application on a form provided or approved by the commissioner
accompanied by a license fee of $25 paid to the commissioner for
each facility. The license year is the calendar year. A
license expires on December 31 of the year for which it is
issued, except that a license is valid through January 31 of the
next year or until the issuance of the renewal license,
whichever comes first, if the licensee has filed a renewal
application with the commissioner on or before December 31 of
the year for which the current license was issued. A new
applicant who fails to obtain a license within 15 working days
of notification of the requirement to obtain a license, or a
licensee who fails to comply with license renewal requirements,
shall pay a $50 late fee in addition to the license fee. The
commissioner may issue a withdrawal from distribution order on
any commercial feed that an unlicensed person produces or
distributes in the state until a license is issued.
Subd. 3. [COPIES OF LABELS.] The commissioner may request
from a licensee copies of labels and labeling in order to
determine compliance with sections 25.31 to 25.43.
Subd. 4. [DENIAL; REVOCATION; SUSPENSION; LIMITS.] The
commissioner may deny a license to a person or suspend or revoke
the license of a person who is not in compliance with sections
25.31 to 25.43. The commissioner may impose conditions that
limit production or distribution of a particular commercial feed
on the license of a person who is not in compliance with
sections 25.31 to 25.43. A license may not be made conditional,
suspended, refused, or revoked unless the applicant or licensee
has been given an opportunity to be heard before the
commissioner in order to comply with the requirements of
sections 25.31 to 25.43.
Sec. 47. Minnesota Statutes 1996, section 25.35, is
amended to read:
25.35 [LABELING.]
A commercial feed shall be labeled as follows:
(a) In case of A commercial feed, except a customer formula
feed, it shall must be accompanied by a label bearing the
following information:
(1) The net weight.
(2) the product name and the brand name, if any, under
which the commercial feed is distributed.;
(3) (2) the guaranteed analysis, stated in such terms as
the commissioner requires by rule determines is required, to
advise the user of the composition of the feed or to support
claims made in the labeling. In all cases The substances or
elements must be determinable by laboratory methods such as the
methods published by the Association of Official Analytical
Chemists. AOAC International or other generally recognized
methods;
(4) (3) the common or usual name of each ingredient used in
the manufacture of the commercial feed. The commissioner may by
rule permit the use of a collective term for a group of
ingredients which perform a similar function, or may exempt such
commercial feeds, or any group thereof, of commercial feeds from
this requirement of an ingredient statement on finding that such
an ingredient statement is not required in the interest of
consumers.;
(5) (4) the name and principal mailing address of the
manufacturer or the person responsible for distributing the
commercial feed.;
(6) (5) adequate directions for use for all commercial
feeds containing drugs and for such other feeds as the
commissioner may require by rule as necessary for their safe and
effective use.;
(7) Such (6) precautionary statements as which the
commissioner determines by rule determines are necessary for the
safe and effective use of the commercial feed; and
(7) a quantity statement.
(b) In the case of A customer formula feed, it shall must
be accompanied by a label, invoice, delivery slip, or other
shipping document, bearing the following information:
(1) name and address of the manufacturer.;
(2) name and address of the purchaser.;
(3) date of delivery.;
(4) the product name and brand name, if any, and either
(1) (i) the net weight quantity of each registered commercial
feed used in the mixture, and the net weight of each other
ingredient used in the mixture, or (2) (ii) a guaranteed
analysis and list of ingredients in paragraph (A), (3) and
(4). (a), clauses (2) and (3);
(5) adequate directions for use for all customer formula
feeds containing drugs and for such other feeds as the
commissioner may require requires by rule as necessary for their
safe and effective use.;
(6) Such precautionary statements as the commissioner
determines by rule determines are necessary for the safe and
effective use of the customer formula feed.;
(7) if a product containing a drug is used:
(i) the purpose of the medication (claim statement); and
(ii) the established name of each active drug ingredient
and the level of each drug used in the final mixture expressed
in a manner required by the commissioner by rule; and
(8) for a customer formula feed for which the formula is
developed by someone other than the manufacturer, a disclaimer
may be included on the label stating "THIS FEED IS A CUSTOMER
FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE MANUFACTURER.
THE MANUFACTURER DOES NOT CLAIM, REPRESENT, WARRANT, OR
GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL ADEQUACY
OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED FOR ITS
INTENDED PURPOSE."
(c) The manufacturer of a customer formula feed the formula
of which is developed by someone other than the manufacturer is
not responsible or liable for the nutritional adequacy or the
nutritional suitability of the feed for its intended purpose if:
(1) the manufacturer does not make a claim of nutritional
adequacy for the customer formula feed and does not make a claim
for nutritional suitability of the feed for its intended
purpose; and (2) the manufacturer includes the disclaimer in
paragraph (b), clause (8). A person other than the manufacturer
who develops or recommends a formula for a customer formula feed
is responsible for providing to the manufacturer of the feed the
appropriate labeling information and for providing the
appropriate use information to the feed manufacturer.
Sec. 48. Minnesota Statutes 1996, section 25.36, is
amended to read:
25.36 [MISBRANDING.]
A commercial feed shall be deemed to be is misbranded if:
(a) If (1) its labeling is false or misleading in any
particular.;
(b) If (2) it is distributed under the name of another
commercial feed.;
(c) If (3) it is not labeled as required in section 25.35.;
(d) If (4) it purports to be or is represented as a
commercial feed, or if it purports to contain or is represented
as containing a commercial feed ingredient unless such that
commercial feed or feed ingredient conforms to the definition,
if any, prescribed by rule by the commissioner.;
(e) If (5) any word, statement, or other information
required by or under authority of sections 25.31 to 25.44 25.43
to appear on the label or labeling is not prominently
placed thereon on it with such conspicuousness as compared with
other words, statements, designs, or devices in the labeling,
and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions
of purchase and use; or
(6) its labeling would deceive or mislead the purchaser
with respect to its composition or suitability.
Sec. 49. Minnesota Statutes 1996, section 25.37, is
amended to read:
25.37 [ADULTERATION.]
(a) A commercial feed shall be deemed to be or a material
exempted from the definition of commercial feed under section
25.33, subdivision 5, is adulterated if:
(a) If (1) it bears or contains any a poisonous or
deleterious substance which may render it injurious to health;
but in case the substance is not an added substance, such the
commercial feed shall is not be considered adulterated under
this section if the quantity of such the substance in such the
commercial feed does not ordinarily render it injurious to
health; or
(b) If (2) it bears or contains any an added poisonous,
added deleterious, or added nonnutritive substance which is
unsafe within the meaning of section 406 of the federal Food,
Drug, and Cosmetic Act, other than the one which is a pesticide
chemical in or on a raw agricultural commodity, or a food
additive; or
(c) If (3) it is, unsafe or it bears or contains any food
additive which is unsafe within the meaning of section 409 of
the federal Food, Drug, and Cosmetic Act; or
(d) If (4) it is a raw agricultural commodity and it bears
or contains a pesticide chemical which is unsafe within the
meaning of section 408(a) of the federal Food, Drug, and
Cosmetic Act; provided, that where a pesticide chemical has been
used in or on a raw agricultural commodity in conformity with an
exemption granted or a tolerance prescribed under section 408 of
the federal Food, Drug, and Cosmetic Act and such that raw
agricultural commodity has been subjected to processing such as
canning, cooking, freezing, dehydrating, or milling, the residue
of such the pesticide chemical remaining in or on such the
processed feed shall is not be deemed unsafe if such the
residue in or on the raw agricultural commodity has been removed
to the extent possible in good manufacturing practice and the
concentration of such the residue in the processed feed is not
greater than the tolerance prescribed for the raw agricultural
commodity unless the feeding of such the processed feed will
result or is likely to result in a pesticide residue in the
edible product of the animal, which is unsafe within the meaning
of section 408(a) of the federal Food, Drug, and Cosmetic
Act; or
(e) If (5) it is, or it bears or contains any color
additive which is unsafe within the meaning of section 706 of
the federal Food, Drug, and Cosmetic Act; or
(6) it is, or it bears or contains, any new animal drug
which is unsafe within the meaning of section 512 of the federal
Food, Drug, and Cosmetic Act;
(7) it consists, in whole or in part, of any filthy,
putrid, or decomposed substance, or is otherwise unfit for feed;
(8) it has been prepared, packed, or held under unsanitary
conditions whereby it may have become contaminated with filth or
may have been rendered injurious to health;
(9) it is, in whole or in part, the product of a diseased
animal or of an animal which has died otherwise than by
slaughter which is unsafe within the meaning of section
402(a)(1) or (2) of the federal Food, Drug, and Cosmetic Act;
(10) its container is composed, in whole or in part, of any
poisonous or deleterious substance which may render the contents
injurious to health; or
(11) it has been intentionally subjected to radiation,
unless the use of the radiation was in conformity with a
regulation or exemption in effect under section 409 of the
federal Food, Drug, and Cosmetic Act.
(b) A commercial feed is adulterated if:
(f) If (1) any valuable constituent has been in whole or in
part omitted or abstracted therefrom from it or any less
valuable substance substituted therefor for a constituent; or
(g) If (2) its composition or quality falls below or
differs from that which it is purported or is represented to
possess by its labeling; or
(h) If (3) it contains a drug and the methods used in or
the facilities or controls used for its manufacture, processing,
or packaging do not conform to current good manufacturing
practice rules promulgated by the commissioner to assure that
the drug meets the requirement safety requirements of sections
25.31 to 25.44 as to safety 25.43 and has the identity and
strength and meets the quality and purity characteristics which
it purports or is represented to possess. In promulgating such
adopting rules under this clause, the commissioner shall adopt
the current good manufacturing practice rules for medicated feed
premixes and for medicated feeds established under authority of
the federal Food, Drug, and Cosmetic Act, unless the
commissioner determines that they are not appropriate to the
conditions which exist in this state; or
(i) If (4) it contains viable weed seeds in amounts
exceeding the limits which established by the commissioner shall
establish by rule.
Sec. 50. Minnesota Statutes 1996, section 25.38, is
amended to read:
25.38 [PROHIBITED ACTS.]
The following acts and the causing thereof within the state
of the following acts in Minnesota are prohibited:
(a) The (1) manufacture or distribution of any commercial
feed that is adulterated or misbranded.;
(b) The (2) adulteration or misbranding of any commercial
feed.;
(c) The (3) distribution of agricultural commodities such
as whole seed, hay, straw, stover, silage, cobs, husks, and
hulls, which are adulterated within the meaning of section
25.37, paragraph (a), (b), (c), and (d).;
(d) The (4) removal or disposal of a commercial feed in
violation of an order under section 25.42.;
(e) The (5) failure or refusal to register in accordance
with obtain a commercial feed license under section
25.34. 25.341 or to provide a small package listing under
section 25.39; or
(f) (6) failure to pay inspection fees or file reports as
required by section 25.39.
Sec. 51. Minnesota Statutes 1996, section 25.39, is
amended to read:
25.39 [INSPECTION FEES AND REPORTS.]
Subdivision 1. [AMOUNT OF FEE.] (a) An inspection fee at
the rate of 16 cents per ton shall must be paid to the
commissioner on commercial feeds distributed in this state by
the person who first distributes the commercial feed to the
consumer, subject to the following, except that no fee needs to
be paid on:
(a) No fee shall be paid on (1) a commercial feed if the
payment has been made by a previous distributor.;
(b) No fee shall be paid on (2) customer formula feeds if
the inspection fee is paid on the commercial feeds which are
used as ingredients therein.; or
(c) No fee shall be paid on (3) commercial feeds which are
used as ingredients for the manufacture of commercial
feeds which are registered if the fee has been paid by a
previous distributor. If the fee has already been paid,
credit shall must be given for such that payment. A Minnesota
feed distributor who distributes commercial feed to purchasers
outside the state may purchase commercial feeds, without payment
by any person of the inspection fee required on such those
purchases, under a permit issued by the commissioner. Such
permits shall only be issued to commercial feed distributors who
comply with such rules as may be required adopted by the
commissioner relative to recordkeeping, tonnage of commercial
feed distributed in Minnesota, total of all commercial feed
tonnage distributed, and all other information which the
commissioner may require so as to insure ensure that proper
inspection fee payment has been made.
(d) (b) In the case of a commercial feed which is pet food
distributed in the state only in packages of ten pounds or less,
a listing of each product and a current label for each product
must be submitted annually on forms provided by the commissioner
and accompanied by an annual fee of $50 shall be paid for each
product in lieu of the inspection fee specified above. This
annual fee is due by July 1. The inspection fee required by
paragraph (a) applies to pet food distributed in packages
exceeding ten pounds.
(c) In the case of specialty pet food distributed in the
state only in packages of ten pounds or less, a listing of each
product and a current label for each product must be submitted
annually on forms provided by the commissioner and accompanied
by an annual fee of $25 for each product in lieu of the
inspection fee. This annual fee is due by July 1. The
inspection fee required by paragraph (a) applies to specialty
pet food distributed in packages exceeding ten pounds.
(d) The minimum inspection fee is $10 per annual reporting
period.
Subd. 1a. [CONTAINERS OF TEN POUNDS OR LESS.] A
distributor who is subject to the annual fee specified in
subdivision 1, paragraph (b) or (c), shall do the following:
(1) before beginning distribution, file with the
commissioner a listing of pet and specialty pet foods to be
distributed in the state only in containers of ten pounds or
less, on forms provided by the commissioner. The listing under
this clause must be renewed annually before July 1 and is the
basis for the payment of the annual fee. New products added
during the year must be submitted to the commissioner as a
supplement to the annual listing before distribution; and
(2) if the annual renewal of the listing is not received
before July 1 or if an unlisted product is distributed, pay a
late filing fee of $10 per product in addition to the normal
charge for the listing. The late filing fee under this clause
is in addition to any other penalty under this chapter.
Subd. 2. [SEMIANNUAL ANNUAL STATEMENT.] Each A person who
is liable for the payment of such a fee under this section shall
file with the commissioner on forms furnished by the
commissioner, a semiannual an annual statement for the periods
ending December 31 and June 30 setting forth the number of net
tons of commercial feeds distributed in this state during such
reporting period the calendar year. The report shall be is
due on or before by the 30th 31st of the month following the
close of each reporting period of each calendar year each
January. The inspection fee at the rate specified in
subdivision 1, shall must accompany the statement. For each
tonnage report not filed or payment of inspection fees not
made within 30 days after the end of a reporting period on time,
a penalty of 10 ten percent of the amount due, with a minimum
penalty of $10, shall must be assessed against the registrant,
and the amount of fees due, plus penalty, shall constitute is a
debt and may be recovered in a civil action against the
registrant. The assessment of this penalty shall does not
prevent the department from taking other actions as provided in
this chapter.
Subd. 3. [RECORDS.] Each distributor person required to
pay an inspection fee or to report in accordance with this
section shall keep such records as may be that are necessary or
required by the commissioner to indicate accurately the tonnage
of commercial feed distributed in this state, and the
commissioner shall have the right to may examine such those
records to verify statements of tonnage. Failure to make an
accurate statement of tonnage or to pay the inspection fee or
comply as provided herein shall constitute with this section is
sufficient cause for the cancellation of all registrations on
file for the commercial feed license of the distributor.
Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A
commercial feed inspection account is established in the state
treasury. Fees and penalties collected under sections 25.35 to
25.44 25.43 and interest attributable to money in the account
must be deposited in the state treasury and credited to the
commercial feed inspection account.
Sec. 52. Minnesota Statutes 1996, section 25.41,
subdivision 6, is amended to read:
Subd. 6. [METHODS.] Sampling and analysis shall must be
conducted in accordance with methods published by
the Association of Official Analytical Chemists, AOAC
International or in accordance with other generally recognized
methods.
Sec. 53. Minnesota Statutes 1996, section 28A.08,
subdivision 3, is amended to read:
Subd. 3. [FEES EFFECTIVE JULY 1, 1996.]
Penalties
Type of food handler License Late No
Fee Renewal License
Effective
July 1, 1996
1. Retail food handler
(a) Having gross sales of only
prepackaged nonperishable food
of less than $15,000 for
the immediately previous
license or fiscal year and
filing a statement with the
commissioner $ 45 $ 15 $ 25
(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 $ 61 $ 15 $ 25
(c) Having $50,000 to $250,000
gross sales for the immediately
previous license or fiscal year $118 $ 35 $ 75
(d) Having $250,000 to
$1,000,000 gross sales for the
immediately previous license or
fiscal year $202 $ 50 $100
(e) Having $1,000,000 to
$5,000,000 gross sales for the
immediately previous license or
fiscal year $562 $100 $175
(f) Having $5,000,000 to
$10,000,000 gross sales for the
immediately previous license or
fiscal year $787 $150 $300
(g) Having over $10,000,000
gross sales for the immediately
previous license or fiscal year $899 $200 $350
2. Wholesale food handler
(a) Having gross sales or
service of less than $25,000
for the immediately previous
license or fiscal year $ 50 $ 15 $ 15
(b) Having $25,000 to
$250,000 gross sales or
service for the immediately
previous license or fiscal year $225 $ 50 $100
(c) Having $250,000 to
$1,000,000 gross sales or
service from a mobile unit
without a separate food facility
for the immediately previous
license or fiscal year $337 $ 75 $150
(d) Having $250,000 to
$1,000,000 gross sales or
service not covered under
paragraph (c) for the immediately
previous license or fiscal year $449 $100 $200
(e) Having $1,000,000 to
$5,000,000 gross sales or
service for the immediately
previous license or fiscal year $562 $125 $250
(f) Having over $5,000,000 gross
sales for the immediately
previous license or fiscal year $647 $150 $300
3. Food broker $112 $ 30 $ 50
4. Wholesale food processor
or manufacturer
(a) Having gross sales of less
than $250,000 $125,000 for the
immediately previous license
or fiscal year $310 $ 75 $150
$150 $ 50 $100
(b) Having $250,000 $125,000
to $1,000,000 $250,000 gross
sales for the immediately
previous license or fiscal year $449 $100 $200
$310 $ 75 $150
(c) Having $1,000,000 $250,001
to $5,000,000 $1,000,000 gross
sales for the immediately
previous license or fiscal year $562 $125 $250
$449 $100 $200
(d) Having over $1,000,001
to $5,000,000 gross sales
for the immediately previous
license or fiscal year $647 $150 $300
$562 $125 $250
(e) Having $5,000,001 to
$10,000,000 gross sales for
the immediately previous
license or fiscal year $647 $150 $300
(f) Having over $10,000,000
gross sales for the immediately
previous license or fiscal year $900 $200 $350
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 $125,000 for the
immediately previous license
or fiscal year $169 $ 50 $ 75
$100 $ 25 $ 50
(b) Having $250,000 $125,000
to $1,000,000 $250,000 gross
sales for the immediately
previous license or fiscal year $253 $ 75 $125
$169 $ 50 $ 75
(c) Having $1,000,000 $250,001
to $5,000,000 $1,000,000 gross
sales for the immediately
previous license or fiscal year $310 $ 75 $150
$253 $125
(d) Having over $1,000,001
to $5,000,000 gross sales
for the immediately previous
license or fiscal year $366 $100 $175
$310 $ 75 $150
(e) Having $5,000,001 to
$10,000,000 gross sales for
the immediately previous
license or fiscal year $366 $100 $175
(f) Having over $10,000,000
gross sales for the immediately
previous license or fiscal year $500 $150 $250
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
8. Wholesale food manufacturer
processing less than 70,000 700,000
pounds per year of cultured
dairy food as defined in
section 32.486, subdivision 1,
paragraph (b) raw milk $ 30 $ 10 $ 15
9. A milk marketing organization
without facilities for
processing or manufacturing
that purchases milk from milk
producers for delivery to a
licensed wholesale food
processor or manufacturer $ 50 $ 15 $ 25
Sec. 54. Minnesota Statutes 1996, section 32.103, is
amended to read:
32.103 [INSPECTION OF DAIRIES.]
(a) At times the commissioner determines proper, the
commissioner shall cause to be inspected all places where dairy
products are made, stored, or served as food for pay, and all
places where cows are kept by persons engaged in the sale of
milk, and shall require the correction of all insanitary
conditions and practices found. During routine inspections or
as necessary, the commissioner shall inspect for:
(1) evidence of use of rBGH in violation of section 32.75,
by producers providing affidavits of nontreatment under that
section; and
(2) mercury manometers in violation of section 116.92.
(b) A refusal or physical threat that prevents the
completion of an inspection or neglect to obey a lawful
direction of the commissioner or the commissioner's agent given
while carrying out this section may result in the suspension of
the offender's permit or certification. The offender is
required to meet with a representative of the offender's plant
or marketing organization and a representative of the
commissioner within 48 hours excluding holidays or weekends or
the suspension will take effect. A producer may request a
hearing before the commissioner or the commissioner's agent if a
serious concern exists relative to the retention of the
offender's permit or certification to sell milk.
Sec. 55. Minnesota Statutes 1996, section 32.394,
subdivision 11, is amended to read:
Subd. 11. [WAIVER OF RULES; WATER WELL DISTANCE
REQUIREMENT.] A dairy farmer who wishes to be permitted to
produce grade A milk may not be denied the grade A permit solely
because of provisions in rules adopted by the commissioner of
health requiring a minimum distance between a water well and a
dairy barn. To be eligible for a grade A permit, the following
conditions must be met:
(1) the water well must have been in place prior to January
1, 1974;
(2) the water well must comply with all rules of the
commissioner of health other than the minimum distance
requirement; and
(3) water from the well must be tested at least once every
six months in compliance with guidelines established by the
commissioner of agriculture unless the water from the well meets
water quality requirements for three consecutive years, in which
case the water must be tested only once every 12 months until
the water fails to meet water quality requirements during one of
the tests.
Sec. 56. Minnesota Statutes 1996, section 32.415, is
amended to read:
32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.]
(a) The commissioner may adopt rules to provide uniform
quality standards, and producers of milk used for manufacturing
purposes shall conform to the standards contained in Subparts B,
C, D, E, and F of the United States Department of Agriculture
Consumer and Marketing Service Recommended Requirements for Milk
for Manufacturing Purposes and its Production and Processing,
Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, as
revised through March 1, 1996 1997, except that the commissioner
shall develop methods by which producers can comply with the
standards without violation of religious beliefs.
(b) The commissioner shall perform or contract for the
performance of the inspections necessary to implement this
section or shall certify dairy industry personnel to perform the
inspections.
(c) The commissioner and other employees of the department
shall make every reasonable effort to assist producers in
achieving the milk quality standards at minimum cost and to use
the experience and expertise of the University of Minnesota and
the agricultural extension service to assist producers in
achieving the milk quality standards in the most cost-effective
manner.
(d) The commissioner shall consult with producers,
processors, and others involved in the dairy industry in order
to prepare for the implementation of this section including
development of informational and educational materials,
meetings, and other methods of informing producers about the
implementation of standards under this section.
Sec. 57. Minnesota Statutes 1996, section 41A.09,
subdivision 3a, is amended to read:
Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
shall make cash payments to producers of ethanol, anhydrous
alcohol, and wet alcohol located in the state. These payments
shall apply only to ethanol, anhydrous alcohol, and wet alcohol
fermented in the state and produced at plants that have begun
production by June 30, 2000. For the purpose of this
subdivision, an entity that holds a controlling interest in more
than one ethanol plant is considered a single producer. The
amount of the payment for each producer's annual production is:
(1) except as provided in paragraph (b), for each gallon of
ethanol or anhydrous alcohol produced on or before June 30,
2000, or ten years after the start of production, whichever is
later, 20 cents per gallon; and
(2) for each gallon produced of wet alcohol on or before
June 30, 2000, or ten years after the start of production,
whichever is later, 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 payments for anhydrous alcohol and wet alcohol
under this section may be paid to either the original producer
of anhydrous alcohol or wet alcohol or the secondary processor,
at the option of the original producer, but not to both.
(b) If the level of production at an ethanol plant
increases due to an increase in the production capacity of the
plant and the increased production begins by June 30, 2000, the
payment under paragraph (a), clause (1), applies to the
additional increment of production until ten years after the
increased production began. Once a plant's production capacity
reaches 15,000,000 gallons per year, no additional increment
will qualify for the payment.
(c) The commissioner shall make payments to producers of
ethanol or wet alcohol in the amount of 1.5 cents for each
kilowatt hour of electricity generated using closed-loop biomass
in a cogeneration facility at an ethanol plant located in the
state. Payments under this paragraph shall be made only for
electricity generated at cogeneration facilities that begin
operation by June 30, 2000. The payments apply to electricity
generated on or before the date ten years after the producer
first qualifies for payment under this paragraph. Total
payments under this paragraph in any fiscal year may not exceed
$750,000. For the purposes of this paragraph:
(1) "closed-loop biomass" means any organic material from a
plant that is planted for the purpose of being used to generate
electricity or for multiple purposes that include being used to
generate electricity; and
(2) "cogeneration" means the combined generation of:
(i) electrical or mechanical power; and
(ii) steam or forms of useful energy, such as heat, that
are used for industrial, commercial, heating, or cooling
purposes.
(d) The total payments under paragraphs (a) and (b) to all
producers may not exceed $30,000,000 $34,000,000 in a fiscal
year. Total payments under paragraphs (a) and (b) to a producer
in a fiscal year may not exceed $3,000,000.
(e) By the last day of October, January, April, and July,
each producer shall file a claim for payment for ethanol,
anhydrous alcohol, and wet alcohol production during the
preceding three calendar months. A producer with more than one
plant shall file a separate claim for each plant. A producer
shall file a separate claim for the original production capacity
of each plant and for each additional increment of production
that qualifies under paragraph (b). A producer that files a
claim under this subdivision shall include a statement of the
producer's total ethanol, anhydrous alcohol, and wet alcohol
production in Minnesota during the quarter covered by the claim,
including anhydrous alcohol and wet alcohol produced or received
from an outside source. A producer shall file a separate claim
for any amount claimed under paragraph (c). For each claim and
statement of total ethanol, anhydrous alcohol, and wet alcohol
production filed under this subdivision, the volume of ethanol,
anhydrous alcohol, and wet alcohol production or amounts of
electricity generated using closed-loop biomass must be examined
by an independent certified public accountant in accordance with
standards established by the American Institute of Certified
Public Accountants.
(f) Payments shall be made November 15, February 15, May
15, and August 15. A separate payment shall be made for each
claim filed. The total quarterly payment to a producer under
this paragraph, excluding amounts paid under paragraph (c), may
not exceed $750,000. If the total amount for which all
producers are eligible in a quarter under paragraphs (a) and (b)
exceeds $7,500,000 $8,500,000, the commissioner shall make
payments in the order in which the portion of production
capacity covered by each claim went into production. If the
total amount of ethanol or wet alcohol production reported for a
quarter under paragraph (e) equals or exceeds 55,000,000 gallons:
(1) payments under this subdivision do not apply to the
amount produced in excess of 55,000,000 gallons;
(2) the commissioner shall make payments to producers in
the order in which the portion of production capacity covered by
each claim began production; and
(3) only those producers that receive payments for the
quarter, or received payments under paragraph (a) or (b) in an
earlier quarter, will be eligible for future ethanol or wet
alcohol production payments under this subdivision.
(g) If the total amount for which all producers are
eligible in a quarter under paragraph (c) exceeds the amount
available for payments, the commissioner shall make payments in
the order in which the plants covered by the claims began
generating electricity using closed-loop biomass.
(h) After the effective date of this section, new
production capacity is only eligible for payment under this
subdivision if the commissioner receives:
(1) an application for approval of the new production
capacity;
(2) an appropriate letter of long-term financial commitment
for construction of the new capacity; and
(3) copies of all necessary permits for construction of the
new capacity.
The commissioner may approve the additional capacity based
on the order in which the applications are received. The
commissioner shall not approve production capacity in excess of
the limitations in paragraph (f). Existing plants are not
eligible for new capacity beyond planned expansions reported to
the commissioner by February 1997.
Sec. 58. Minnesota Statutes 1996, section 84.027, is
amended by adding a subdivision to read:
Subd. 15. [ELECTRONIC TRANSACTIONS.] (a) The commissioner
may receive an application for, sell, and issue any license,
stamp, permit, registration, or transfer under the jurisdiction
of the commissioner by electronic means, including by
telephone. The commissioner may:
(1) provide for the electronic transfer of funds generated
by electronic transactions, including by telephone;
(2) assign a license identification number to an applicant
who purchases a hunting or fishing license by electronic means,
to serve as temporary authorization to engage in the licensed
activity until the license is received or expires;
(3) charge and permit agents to charge a fee of individuals
who make electronic transactions, and transactions by telephone,
including a transaction fee under section 97A.485, subdivision
6, and a credit card fee not to exceed $3.50 for electronic
transactions;
(4) select up to four volunteer counties, not more than two
in the metropolitan area, to participate in this pilot project
and the counties shall select the participating agents; and
(5) adopt rules to administer the provisions of this
subdivision.
(b) A county shall not collect a commission for the sale of
licenses or permits made by agents selected by the participating
counties under this subdivision.
Sec. 59. Minnesota Statutes 1996, section 84.0273, is
amended to read:
84.0273 [CORRECTION ESTABLISHMENT OF BOUNDARY LINES
RELATING TO CERTAIN STATE LANDHOLDINGS.]
In order to correct errors in legal descriptions resolve
boundary line issues affecting the ownership interests of the
state and adjacent landowners, the commissioner of natural
resources may, in the name of the state upon terms the
commissioner deems appropriate, convey, without monetary
consideration, by a boundary line agreement, quitclaim deed, or
management agreement in such form as the attorney general
approves, such rights, titles, and interests of the state in
state lands for such rights, titles and interests in adjacent
lands as are necessary for the purpose of correcting legal
descriptions of establishing boundaries. A notice of the
proposed conveyance and a brief statement of the reason therefor
shall be published once in the State Register by the
commissioner between 15 and 30 days prior to conveyance. The
provisions of this section are not intended to replace or
supersede laws relating to land exchange or disposal of surplus
state property.
Sec. 60. Minnesota Statutes 1996, section 84.0887,
subdivision 2, is amended to read:
Subd. 2. [ADDITIONAL SERVICES; CORPS TO CAREER COMMUNITY
SERVICE.] (a) In addition to services under subdivision 1, youth
corps programs may coordinate with or provide services to:
(1) making public facilities accessible to individuals with
disabilities;
(2) federal, state, local, and regional governmental
agencies;
(3) nursing homes, hospices, senior centers, hospitals,
local libraries, parks, recreational facilities, child and adult
day care centers, programs servicing individuals with
disabilities, and schools;
(4) law enforcement agencies, and penal and probation
systems;
(5) private nonprofit organizations that primarily focus on
social service such as community action agencies;
(6) activities that focus on the rehabilitation or
improvement of public facilities, neighborhood improvements,
literacy training that benefits educationally disadvantaged
individuals, weatherization of and basic repairs to low-income
housing including housing occupied by older adults, activities
that focus on drug and alcohol abuse education, prevention, and
treatment; and
(7) any other nonpartisan civic activities and services
that the commissioner determines to be of a substantial social
benefit in meeting unmet human, educational, or environmental
needs, particularly needs related to poverty, or in the
community where volunteer service is to be performed.
(b) Youth and young adults may provide full-time or
part-time youth community service in a program known as "corps
to career" if the individual:
(1) is an unemployed high school dropout and is a parent of
a minor member of an assistance unit under the AFDC, MFIP or
MFIP-R programs under chapter 256 or under the MFIP-S program
under chapter 256J, or is a person who is a member of an
assistance unit under the AFDC, MFIP or MFIP-R programs under
chapter 256 or under the MFIP-S program under chapter 256J;
(2) agrees to only use the individual's postservice benefit
under the federal Americorps Act to complete a customized job
training program that requires 20 percent of the individual's
time to be spent in the corps to career program and that is
consistent with the work requirements of the employment and
training services component of the MFIP-S program under chapter
256J or, if a customized job training program is unavailable,
agrees to use the postservice benefit consistent with the
federal education award; and
(3) during the entire time the individual completes the
individual's job training program, resides within an enterprise
zone as defined in section 469.303.
To be eligible under this paragraph, any individual who
receives assistance under clause (1) after MFIP-S has been
implemented in the individual's county of financial
responsibility, and who meets the requirements in clauses (2)
and (3), also must meet the requirements of the employment and
training services component of the MFIP-S program under chapter
256J.
(c) The commissioner of natural resources shall ensure that
the corps to career program will not decrease employment
opportunities that would be available without the program; will
not displace current employees including any partial
displacement in the form of reduced hours of work other than
overtime, wages, employment benefits, or regular seasonal work;
will not impair existing labor agreements; and will not result
in the substitution of project funding for preexisting funds or
sources of funds for ongoing work.
Sec. 61. Minnesota Statutes 1996, 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: $30 $45 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. 62. [84.8205] [SNOWMOBILE STATE TRAIL PERMIT.]
A snowmobile that is not registered in this state may not
be operated on a state or grant-in-aid snowmobile trail unless
the snowmobile operator has in possession a snowmobile state
trail permit. The commissioner of natural resources shall issue
a permit upon application and payment of a $15 fee. The permit
is valid from November 1 through April 30. Fees collected under
this section shall be deposited in the state treasury and
credited to the snowmobile trails and enforcement account in the
natural resources fund.
Sec. 63. Minnesota Statutes 1996, section 84.86,
subdivision 1, is amended to read:
Subdivision 1. With a view of achieving maximum use of
snowmobiles consistent with protection of the environment the
commissioner of natural resources shall adopt rules in the
manner provided by chapter 14, for the following purposes:
(1) Registration of snowmobiles and display of registration
numbers.
(2) Use of snowmobiles insofar as game and fish resources
are affected.
(3) Use of snowmobiles on public lands and waters, or on
grant-in-aid trails.
(4) Uniform signs to be used by the state, counties, and
cities, which are necessary or desirable to control, direct, or
regulate the operation and use of snowmobiles.
(5) Specifications relating to snowmobile mufflers.
(6) A comprehensive snowmobile information and safety
education and training program, including but not limited to the
preparation and dissemination of snowmobile information and
safety advice to the public, the training of snowmobile
operators, and the issuance of snowmobile safety certificates to
snowmobile operators who successfully complete the snowmobile
safety education and training course. For the purpose of
administering such program and to defray a portion of the
expenses of training and certifying snowmobile operators, the
commissioner shall collect a fee of not to exceed $5 from each
person who receives the youth and young adult training and a fee
established under chapter 16A from each person who receives the
adult training. The commissioner shall deposit the fee in the
snowmobile trails and enforcement account and the amount thereof
is appropriated annually to the commissioner of natural
resources for the administration of such programs. The
commissioner shall cooperate with private organizations and
associations, private and public corporations, and local
governmental units in furtherance of the program established
under this clause. The commissioner shall consult with the
commissioner of public safety in regard to training program
subject matter and performance testing that leads to the
certification of snowmobile operators.
(7) The operator of any snowmobile involved in an accident
resulting in injury requiring medical attention or
hospitalization to or death of any person or total damage to an
extent of $500 or more, shall forward a written report of the
accident to the commissioner on such form as the commissioner
shall prescribe. If the operator is killed or is unable to file
a report due to incapacitation, any peace officer investigating
the accident shall file the accident report within ten business
days.
Sec. 64. [84.862] [SNOWMOBILE TRAINING REQUIRED.]
Subdivision 1. [YOUTH AND YOUNG ADULT SAFETY
TRAINING.] Effective October 1, 1998, any resident born after
December 31, 1979, who operates a snowmobile in Minnesota, must
possess a valid snowmobile safety certificate or a driver's
license or identification card with a valid snowmobile
qualification indicator issued under section 171.07, subdivision
12. The certificate or qualification indicator may only be
issued upon successful completion of the course authorized under
section 84.86.
Subd. 2. [ADULT SAFETY TRAINING.] Effective October 1,
2002, any resident born after December 31, 1976, and before
December 31, 1983, who operates a snowmobile in Minnesota, must
possess a valid operators permit or drivers license or
identification card with a valid snowmobile qualification
indicator issued under section 171.07, subdivision 12, showing
successful completion of a safety course designed for adults.
Whenever possible, the course shall include a riding component
that stresses stopping distances.
Subd. 3. [TRAINING FOR OFFENDERS.] Any person who is
convicted for a second or subsequent speeding violation in a
snowmobile season, or any conviction for careless or reckless
operation of a snowmobile, must successfully complete the
training course in subdivision 1 or 2 before continuing
operation of a snowmobile.
Sec. 65. Minnesota Statutes 1996, section 85.015, is
amended by adding a subdivision to read:
Subd. 1c. [METAL TRACTION DEVICES; PROHIBITION ON PAVED
TRAILS.] A person may not use a snowmobile with metal traction
devices on any paved state trail.
Sec. 66. Minnesota Statutes 1996, section 85.015, is
amended by adding a subdivision to read:
Subd. 20. [STAGECOACH TRAIL; STEELE, DODGE, AND OLMSTED
COUNTIES.] The trail shall originate at the Douglas trail near
the city of Rochester in Olmsted county and extend westerly
along the Zumbro river valley to the city of Mantorville and the
village of Wasioja in Dodge county, following as closely as
possible the historic stagecoach trail to Wasioja, through Rice
Lake state park to the city of Owatonna in Steele county.
Sec. 67. Minnesota Statutes 1996, section 85.055, is
amended by adding a subdivision to read:
Subd. 1a. [PATRON PERMIT.] The commissioner may develop a
special patron permit requiring persons to pay an additional
amount above the annual permit fee required in subdivision 1.
The additional amount paid under this subdivision shall be
deposited in the state treasury and credited to the working
capital account under section 85.22, subdivision 1.
Sec. 68. Minnesota Statutes 1996, section 85A.04,
subdivision 4, is amended to read:
Subd. 4. [ZOO CONCESSION AND REVENUE ACCOUNT.] All
receipts and interest from the operation of zoo concessions,
memberships, and donations must be deposited in a special
account in the special revenue fund and are appropriated to the
board.
Sec. 69. Minnesota Statutes 1996, section 86A.23, is
amended to read:
86A.23 [OPEN FACILITIES; LIABILITY EXEMPTION.]
Facilities in harbors and connecting waterways established
under sections 86A.20 to 86A.24 shall be public and open to all
users on equal and reasonable terms. Users shall have no cause
of action against owners of land adjacent to small craft harbors
and mooring facilities for damage as a result of noise and dust
generated by facilities of iron-producing industries.
Sec. 70. Minnesota Statutes 1996, section 88.79, is
amended by adding a subdivision to read:
Subd. 3. [COST-SHARING OF CONSERVATION PRACTICES.] The
commissioner of natural resources may provide cost-sharing of
conservation practices to nonindustrial owners of less than
5,000 acres of private land within this state, provided that the
landowners successfully complete conservation practices approved
by the commissioner. The cost shared by the commissioner may
not exceed 75 percent of the actual cost of the conservation
practice.
Sec. 71. Minnesota Statutes 1996, section 92.06,
subdivision 1, is amended to read:
Subdivision 1. [TERMS.] (a) The terms of payment on the
sale of state public lands must be as follows: The purchaser
shall pay in cash at the time of sale the appraised value of all
timber and costs determined by the commissioner to be associated
with the sale including survey, appraisal, publication, deed
tax, filing fee, and similar costs. At least 15 percent of the
purchase price of the land exclusive of timber and associated
costs must be paid in cash at the time of sale. The balance of
the purchase price must be paid in no more than 20 equal annual
installments. Payments must be made by June 1 each year
following the year in which the purchase was made, with interest
at the rate in effect at the time of sale, calculated under this
subdivision, on the unpaid balances. Any installment of
principal or interest may be paid in advance, but part payment
of an installment will not be accepted. For the purpose of
computing interest, any installment of principal not paid on
June 1 shall be credited on the following June 1. The purchaser
may pay the balance due on a sale within 30 days of the sale
with no interest due.
(b) Interest on unpaid balances must be computed as annual
simple interest. The rate of interest must be based on average
effective interest rates on mortgage loans as provided in
paragraph (c).
(c) On or before December 31 of each year, the commissioner
of natural resources shall determine the rate from the average
effective interest rate on loans closed using the office of
thrift supervision series, formerly the federal home loan bank
board series, or its successor agency, for the most recent
calendar month, reported on a monthly basis in the latest
statistical release of the board of governors of the federal
reserve system. This yield, rounded to the nearest quarter of
one percent, is the annual interest rate for sales of state land
during the succeeding calendar year.
(d) For state land sales in calendar year 1993 after July
1, 1993, the rate is eight percent, which is the September 1992
average from the office of thrift supervision series, rounded to
the nearest quarter of one percent.
Sec. 72. Minnesota Statutes 1996, section 92.06,
subdivision 4, is amended to read:
Subd. 4. [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a
person has made improvements to the land and if: (1) the
commissioner believes that person settled the land in good faith
as homestead land under the laws of the United States before it
was certified to the state, or if (2) the improvements were
lawfully made by that person as a lessee of the state, or (3)
the commissioner determines, based on clear and convincing
evidence provided by the person, that the improvements were made
by the person as an inadvertent trespasser, then the value of
the improvements must be separately appraised and, if the
settler or, lessee, or inadvertent trespasser purchases the
land, the settler or, lessee, or inadvertent trespasser is not
required to pay for the improvements. If another person
purchases the land, that person must pay the owner of the
improvements, in addition to all other required payments, the
appraised amount for the improvements. Payment for improvements
must be made within 15 days of the auction sale, either in cash
or upon terms and conditions agreeable to the owner of the
improvements. If payment for improvements is not made in cash,
and if there is no agreement between the parties within 15 days
of the auction sale, the commissioner may:
(1) sell the property to the second highest qualified
bidder if that bidder submitted to the commissioner's
representative, at the auction sale, a written request to buy
the property at a specified price; or
(2) void the sale and reoffer the property at a subsequent
sale.
This subdivision does not apply unless the owner of the
improvements makes a verified application to the commissioner
showing entitlement to the improvements before the first state
public sale at which the land is offered for sale. The
applicant must appear at the sale and offer to purchase the land
for at least its appraised value including all timber on it, and
make the purchase if no higher bid is received. Actions or
other proceedings involving the land in question begun before
the sale must have been completed.
Sec. 73. Minnesota Statutes 1996, section 92.16,
subdivision 1, is amended to read:
Subdivision 1. [CONTENTS; DEFAULT, RESALE.] At the time of
the sale the commissioner shall execute, acknowledge, and
deliver to the purchaser a certificate of sale, numbered and
made assignable, certifying the description of the land sold,
its quantity, the price per acre, the consideration paid and to
be paid, and the time and terms of payment. A certificate must
not be delivered until the sum required by law to be paid at the
time of the sale is paid. The sum includes costs determined by
the commissioner to be associated with the sale such as survey,
appraisal, publication, deed tax, filing fee, and similar
costs. If the purchaser fails to pay the sum, the commissioner
may immediately reoffer the land for sale, but a bid may not be
accepted from the person failing to pay the original offer. If
the purchaser pays in full at the time of sale, the commissioner
is not required to issue a certificate of sale.
Sec. 74. [92.72] [PAYMENT OF TAXES AND ASSESSMENTS.]
Subdivision 1. [CANCELLATION OF CERTIFICATE OF SALE.] If
the state acquires an interest in real property prior to the
cancellation of a certificate of sale or upon completion of the
cancellation process by advertisement or court order, the state
must make provision to pay all taxes, interests, costs,
penalties, and assessments. The commissioner of natural
resources must request the certificate of sale vendee to make a
good faith attempt to pay the debt. If the commissioner
determines that the vendee is unwilling or unable to pay the
debt, the commissioner may pay the debt and seek redress against
the vendee.
Subd. 2. [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a
grantee on a certificate of sale or state deed desires the state
to exercise its reversionary interest in real property, the
grantee must pay all real estate taxes, costs, interest,
penalties, and assessments on the property prior to reversion.
(b) If a grantee on a certificate of sale or state deed
breaches the contractual terms of the certificate or deed, the
commissioner of natural resources must request the grantee to
make a good faith attempt to pay all real estate taxes, costs,
interest, penalties, and assessments on the property prior to
reversion. If the commissioner determines that the grantee is
unwilling or unable to pay the debt, the commissioner may pay
the debt and seek redress against the grantee.
Sec. 75. Minnesota Statutes 1996, section 94.10,
subdivision 2, is amended to read:
Subd. 2. (a) Lands certified as surplus by the head of a
department or agency other than the department of natural
resources shall be offered for public sale by the commissioner
of administration as provided in this paragraph. After
complying with subdivision 1 and before any public sale of
surplus state-owned land is made, the commissioner of
administration shall publish a notice thereof at least once in
each week for four successive weeks in a legal newspaper and
also in a newspaper of general distribution in the city or
county in which the real property to be sold is situated, which
notice shall specify the time and place at which the sale will
commence, a general description of the lots or tracts to be
offered, and a general statement of the terms of sale. Each
tract or lot shall be sold separately and shall be sold for not
less than the appraised value thereof. Parcels remaining unsold
after the offering may be sold to anyone agreeing to pay the
appraised value thereof. The sale shall continue until all
parcels are sold or until the commissioner orders a reappraisal
or withdraws the remaining parcels from sale.
(b) Lands certified as surplus by the commissioner of
natural resources shall be offered for public sale by the
commissioner of natural resources in the manner provided in
paragraph (a) for sales by the commissioner of administration.
(c) Except as provided in section 94.11, the cost of any
survey or appraisal as provided in subdivision 1 shall be added
to and made a part of the appraised value of the lands to be
sold, whether to any political subdivision of the state or to a
private purchaser as provided in this subdivision.
Sec. 76. [94.55] [TRANSFER OF STATE-OWNED IMPROVEMENTS.]
The commissioner may sell or transfer an improvement
located on state-owned lands, the compensation for which shall
be determined by the commissioner. The sale or transfer shall
be accomplished by a bill of sale, describing the improvement
transferred and the terms and conditions of the sale or transfer.
Proceeds resulting from the sale or transfer must be deposited
in the state treasury and credited to the land acquisition
account established in section 94.165.
Sec. 77. Minnesota Statutes 1996, section 97A.015, is
amended by adding a subdivision to read:
Subd. 27a. [LICENSE IDENTIFICATION NUMBER.] "License
identification number" means a verification number issued under
the authority of the commissioner in conjunction with the
electronic purchase of a license or stamp and valid until the
license is received by the purchaser.
Sec. 78. Minnesota Statutes 1996, section 97A.028,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Agricultural crops" means annually seeded crops,
legumes, fruit orchards, tree farms and nurseries, turf farms,
and apiaries.
(c) "Parcel" has the meaning given in section 272.03,
subdivision 6.
(d) "Specialty crops" means fruit orchards, vegetables,
tree farms and nurseries, turf farms, and apiaries.
(e) "Stored forage crops" means hay, silage, grain, or
other crops that have been harvested and placed in storage for
commercial livestock feeding.
Sec. 79. Minnesota Statutes 1996, section 97A.028,
subdivision 3, is amended to read:
Subd. 3. [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a)
For the purposes of this subdivision, "cooperative damage
management agreement" means an agreement between a landowner or
tenant and the commissioner that establishes a program for
addressing the problem of destruction of the landowner's or
tenant's specialty crops or stored forage crops by wild animals,
or destruction of agricultural crops by flightless Canada geese.
(b) A landowner or tenant may apply to the commissioner for
emergency deterrent materials assistance in controlling
destruction of the landowner's or tenant's specialty crops or
stored forage crops by wild animals, or destruction of
agricultural crops by flightless Canada geese. Subject to the
availability of money appropriated for this purpose, the
commissioner shall provide suitable deterrent materials when the
commissioner determines that:
(1) immediate action is necessary to prevent significant
damage from continuing; and
(2) a cooperative damage management agreement cannot be
implemented immediately.
(c) A person may receive emergency deterrent materials
assistance under this subdivision more than once, but the
cumulative total value of deterrent materials provided to a
person, or for use on a parcel, may not exceed $3,000 for
specialty crops, or $750 for stored forage crops, or $500 for
agricultural crops damaged by flightless Canada geese. If a
person is a coowner or cotenant with respect to the specialty
crops for which the deterrent materials are provided, the
deterrent materials are deemed to be "provided" to the person
for the purposes of this paragraph.
(d) As a condition of receiving emergency deterrent
materials assistance under this subdivision, a landowner or
tenant shall enter into a cooperative damage management
agreement with the commissioner. Deterrent materials provided
by the commissioner may include repellents, fencing materials,
or other materials recommended in the agreement to alleviate the
damage problem. If requested by a landowner or tenant, any
fencing materials provided must be capable of providing
long-term protection of specialty crops. A landowner or tenant
who receives emergency deterrent materials assistance under this
subdivision shall comply with the terms of the cooperative
damage management agreement.
Sec. 80. Minnesota Statutes 1996, section 97A.075,
subdivision 1, is amended to read:
Subdivision 1. [DEER AND BEAR LICENSES.] (a) For purposes
of this subdivision, "deer license" means a license issued under
section 97A.475, subdivisions 2, clauses (4) and, (5), and (9),
and 3, clauses (2) and, (3), and (7), and licenses issued under
section 97B.301, subdivision 4.
(b) At least $2 from each deer license shall be used for
deer habitat improvement or deer management programs.
(c) At least $1 from each resident deer license and each
resident bear license shall be used for deer and bear management
programs, including a computerized licensing system. Fifty
cents from each resident deer license is appropriated for
emergency deer feeding. Money appropriated for emergency deer
feeding is available until expended. When the unencumbered
balance in the appropriation for emergency deer feeding at the
end of a fiscal year exceeds $750,000, $750,000 is canceled to
the unappropriated balance of the game and fish fund and the
amount appropriated for emergency deer feeding is reduced to 25
cents from each resident deer license.
Sec. 81. Minnesota Statutes 1996, section 97A.405,
subdivision 2, is amended to read:
Subd. 2. [PERSONAL POSSESSION.] (a) A person to whom a
license is issued must have the license in personal possession
while acting under the a license and while or traveling from
the an area where the a licensed activity is was performed
must have in personal possession either: (1) the proper
license, if the license has been issued to and received by the
person; or (2) the proper license identification number or stamp
validation, if the license has been sold to the person by
electronic means but the actual license has not been issued and
received.
(b) If possession of a license or a license identification
number is required, a person must exhibit the proper license
when, as requested by a conservation officer or peace officer.,
either: (1) the proper license if the license has been issued
to and received by the person; or (2) the proper license
identification number or stamp validation and a valid state
driver's license, state identification card, or other form of
identification provided by the commissioner, if the license has
been sold to the person by electronic means but the actual
license has not been issued and received.
(c) If the actual license has been issued and received, a
receipt for license fees, a copy of a license, or evidence
showing the issuance of a license, including the license
identification number or stamp validation, does not entitle a
licensee to exercise the rights or privileges conferred by a
license.
(d) A license or stamp issued electronically and not
immediately provided to the licensee shall be mailed to the
licensee within 30 days of purchase.
Sec. 82. Minnesota Statutes 1996, section 97A.415,
subdivision 2, is amended to read:
Subd. 2. [TRANSFER PROHIBITED.] A person may not lend,
transfer, borrow, or solicit a license or permit, license
identification number, application for a license or permit,
coupon, tag, or seal, or use a license, permit, license
identification number, coupon, tag, or seal not issued to the
person unless otherwise expressly authorized.
Sec. 83. Minnesota Statutes 1996, section 97A.475, is
amended to read:
97A.475 [LICENSE FEES.]
Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A license
shall be issued when the requirements of the law are met and the
license fee specified in this section is paid.
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, $16;
(4) to take deer with firearms, $22;
(5) to take deer by archery, $22;
(6) to take moose, for a party of not more than six
persons, $275;
(7) to take bear, $33;
(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.
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, $56;
(6) to take raccoon, bobcat, fox, coyote, or lynx, $137.50;
and
(7) to take antlered deer in more than one zone, $220.
Subd. 4. [SMALL GAME SURCHARGE.] Fees for licenses to take
small game must be increased by a surcharge of $4. An
additional commission may not be assessed on the surcharge and
this must be stated on the back of the license with the
following statement: "This $4 surcharge is being paid by
hunters for the acquisition and development of wildlife lands."
Subd. 5. [HUNTING STAMPS.] Fees for the following stamps
are:
(1) migratory waterfowl stamp, $5;
(2) pheasant stamp, $5; and
(3) turkey stamp, $5.
Subd. 6. [RESIDENT FISHING.] Fees for the following
licenses, to be issued to residents only, are:
(1) to take fish by angling, for persons under age
65, $13 $15;
(2) to take fish by angling, for persons age 65 and over,
$4.50 $5.50;
(3) to take fish by angling, for a combined license for a
married couple, $17.50 $20.50;
(4) to take fish by spearing from a dark house, $13 $15;
and
(5) to take fish by angling for a 24-hour period selected
by the licensee, $7.50 $8.
Subd. 7. [NONRESIDENT FISHING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take fish by angling, $27.50 $31;
(2) to take fish by angling limited to seven consecutive
days selected by the licensee, $19 $21.50;
(3) to take fish by angling for a 72-hour period selected
by the licensee, $16 $18;
(4) to take fish by angling for a combined license for a
family, $37.50 $41.50;
(5) to take fish by angling for a 24-hour period selected
by the licensee, $7.50 $8; and
(6) to take fish by angling for a combined license for a
married couple, limited to 14 consecutive days selected by one
of the licensees, $27.50 $32.
Subd. 8. [MINNESOTA SPORTING.] The commissioner shall
issue Minnesota sporting licenses to residents only. The
licensee may take fish by angling and small game. The fee for
the license is:
(1) for an individual, $17.50 $20; and
(2) for a combined license for a married couple to take
fish and for one spouse to take small game, $24 $27.50.
Subd. 10. [TROUT AND SALMON STAMP.] The fee for a trout
and salmon stamp is $5 $8.50.
Subd. 11. [FISH HOUSES AND DARK HOUSES; RESIDENTS.] Fees
for the following licenses are:
(1) for a fish house or dark house that is not
rented, $9 $10; and
(2) for a fish house or dark house that is rented, $20 $23.
Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish house
licenses for a nonresident are:
(1) annual, $27.50 $31.50; and
(2) seven consecutive days, $16.50 $18.50.
Subd. 13. [NETTING WHITEFISH AND CISCOES FOR PERSONAL
CONSUMPTION.] The fee for a license to net whitefish and ciscoes
in inland lakes and international waters for personal
consumption is, for each net, $8 $9.
Subd. 14. [ROUGH FISH; MINNESOTA AND MISSISSIPPI RIVERS.]
The fee for a license to take rough fish for domestic use with a
set line in the Minnesota and Mississippi rivers is $14.50.
Subd. 15. [LAKE SUPERIOR FISHING GUIDES.] The fee for a
license to operate a charter boat and guide anglers on Lake
Superior is:
(1) for a resident, $27.50 $35;
(2) for a nonresident, $110 $140; or
(3) if another state charges a Minnesota resident a fee
greater than $100 $140 for a Lake Superior fishing guide license
in that state, the nonresident fee for a resident of that state
is that greater fee.
Subd. 16. [RESIDENT HUNTING GUIDES.] The fees for the
following resident guide licenses are:
(1) to guide bear hunters, $82.50; and
(2) to guide turkey hunters, $22.
Subd. 18. [SHOOTING PRESERVES.] The fee for a shooting
preserve license is:
(1) for a private shooting preserve, $100; and
(2) for a commercial shooting preserve, $500.
Subd. 19. [TAXIDERMISTS.] The fee for a taxidermist
license, to be issued for a three-year period to residents only,
is:
(1) for persons age 18 and older, $44; and
(2) for persons under age 18, $27.50.
Subd. 20. [TRAPPING LICENSE.] The fee for a license to
trap fur-bearing animals is:
(1) for persons over age 13 and under age 18, $5.50; and
(2) for persons age 18 and older, $18.
Subd. 21. [FUR BUYING AND SELLING; RESIDENTS.] (a) The fee
for a license for a resident to buy and sell raw furs is $110.
(b) The fee for a supplemental license to buy and sell furs
is $55.
Subd. 22. [FUR BUYING AND SELLING; NONRESIDENTS.] The fee
for a license for a nonresident to buy and sell raw furs is $500.
Subd. 23. [RAW FUR TANNING.] The fee for a license to tan
and dress raw furs to be issued to residents and nonresidents is
$16.50.
Subd. 24. [GAME AND FUR FARMS.] The fee for a game and fur
farm license is $16.50.
Subd. 25. [MUSKRAT FARMS.] The fee for a muskrat farm
license is $11.
Subd. 26. [MINNOW DEALERS.] The fees for the following
licenses are:
(1) minnow dealer, $77 $100;
(2) minnow dealer's helper, $5.50;
(3) minnow dealer's vehicle, $11 $15;
(4) (3) exporting minnow dealer, $275 $350; and
(5) (4) exporting minnow dealer's vehicle, $11 $15.
Subd. 27. [MINNOW RETAILERS.] The fees for the following
licenses, to be issued to residents and nonresidents, are:
(1) minnow retailer, $11 $15; and
(2) minnow retailer's vehicle, $11 $15.
Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the
following licenses, to be issued to nonresidents, are:
(1) exporting minnow hauler, $525 $675; and
(2) exporting minnow hauler's vehicle, $11 $15.
Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the
following licenses to be issued to residents and nonresidents
are:
(1) for a private fish hatchery, with annual sales under
$200, $27.50 $35;
(2) for a private fish hatchery, with annual sales of $200
or more, $55 $70; and
(3) to take sucker eggs from public waters for a private
fish hatchery, $165 $210, plus $3 $4 for each quart in excess of
100 quarts.
Subd. 30. [COMMERCIAL NETTING OF FISH IN INLAND WATERS.]
The fee for a license fees to net take commercial fish in
inland waters, to be issued to residents and nonresidents, is
$70 plus are:
(1) commercial license fees:
(i) for each hoop net pocket, $1 residents and nonresidents
seining and netting in inland waters, $90;
(2) (ii) for each 1,000 feet of seine, $16.50 residents
netting in Lake Superior, $50; and
(3) (iii) for each apprentice license, $25. residents
netting in Lake of the Woods, Rainy, Namakan, and Sand Point
lakes, $50;
(iv) for residents seining in the Mississippi River from St.
Anthony Falls to the St. Croix River junction, $50;
(v) for residents seining, netting, and set lining in
Wisconsin boundary waters from Lake St. Croix to the Iowa
border, $50; and
(vi) for a resident apprentice license, $25; and
(2) commercial gear fees:
(i) for each gill net in Lake Superior, Wisconsin boundary
waters, and Namakan Lake, $3.50 per 100 feet of net;
(ii) for each seine in inland waters, on the Mississippi
River as described in section 97C.801, subdivision 2, and in
Wisconsin boundary waters, $7 per 100 feet;
(iii) for each commercial hoop net in inland waters, $1.25;
(iv) for each submerged fyke, trap, and hoop net in Lake
Superior, St. Louis Estuary, Lake of the Woods, and Rainy,
Namakan, and Sand Point lakes, and for each pound net in Lake
Superior, $15;
(v) for each stake and pound net in Lake of the Woods, $60;
(vi) for each set line in the Wisconsin boundary waters,
$20; and
(vii) for each trawl used in Lake Superior, $50.
Subd. 31. [COMMERCIAL NETTING OF FISH IN LAKE OF THE
WOODS.] The fee for a license to commercially net fish in Lake
of the Woods is:
(1) for each pound net or staked trap net, $49.50;
(2) for each fyke net, $11, plus $5 for each two-foot
segment, or fraction, of the wings or lead in excess of four
feet in height;
(3) for each 100 feet of gill net, $2.75;
(4) for each submerged trap net, $16.50; and
(5) for each apprentice license, $25.
Subd. 32. [COMMERCIAL NETTING OF FISH IN RAINY LAKE.] The
fee for a license to commercially net fish in Rainy Lake is:
(1) for each pound net, $49.50;
(2) for each 100 feet of gill net, $2.75; and
(3) for each apprentice license, $25.
Subd. 33. [COMMERCIAL NETTING OF FISH IN NAMAKAN AND SAND
POINT LAKES.] The fee for a license to commercially net fish in
Namakan Lake and Sand Point Lake is:
(1) for each 100 feet of gill net, $1.75;
(2) for each pound, fyke, and submerged trap net, $16.50;
and
(3) for each apprentice license, $25.
Subd. 34. [COMMERCIAL SEINE AND SET LINES TO TAKE FISH IN
THE MISSISSIPPI RIVER.] (a) The fee for a license to
commercially seine rough fish in the Mississippi river from St.
Anthony Falls to the St. Croix river junction is:
(1) for a seine not exceeding 500 feet, $27.50; or
(2) for a seine over 500 feet, $44, plus $2 for each 100
foot segment or fraction over 1,000 feet.
(b) The fee for each apprentice license issued under
paragraph (a) is $25.
Subd. 35. [COMMERCIAL SEINING OF FISH IN WISCONSIN
BOUNDARY WATERS.] The fee for a license to commercially seine
fish in the boundary waters between Wisconsin and Minnesota from
Taylors Falls to the Iowa border is:
(1) for a seine not exceeding 500 feet, $27.50; or
(2) for a seine over 500 feet, $44, plus $2.50 for each 100
feet over 1,000 feet; and
(3) for each apprentice license to be issued to residents,
$25.
Subd. 36. [COMMERCIAL NETTING IN WISCONSIN BOUNDARY
WATERS.] The fee for a license to commercially net in the
boundary waters between Wisconsin and Minnesota from Lake St.
Croix to the Iowa border is:
(1) for each gill net not exceeding 500 feet, $14.50;
(2) for each gill net over 500 feet, $27.50;
(3) for each fyke net and hoop net, $11;
(4) for each bait net, $1.75;
(5) for each turtle net, $1.75;
(6) for each set line identification tag, $14.50; and
(7) for each apprentice license to be issued to residents,
$25.
Subd. 37. [COMMERCIAL NETTING OF FISH IN LAKE SUPERIOR.]
The fee for a license to commercially net fish in Lake Superior
is:
(1) for each gill net, $77 plus $2 for each 1,000 feet over
1,000 feet;
(2) for a pound or trap net, $77 plus $2 for each
additional pound or trap net; and
(3) for each apprentice license, $25.
Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish
from commercial fishing licensees to be issued residents and
nonresidents are:
(1) for Lake Superior fish bought for sale to retailers,
$55 $70;
(2) for Lake Superior fish bought for sale to consumers,
$11 $15;
(3) for Lake of the Woods, Namakan, Sand Point, and Rainy
Lake fish bought for sale to retailers, $110 $140; and
(4) for Lake of the Woods, Namakan, Sand Point, and Rainy
Lake fish bought for shipment only on international boundary
waters, $11 $15.
Subd. 39. [FISH PACKER.] The fee for a license to prepare
dressed game fish for transportation or shipment is $14.50 $20.
Subd. 40. [FISH VENDORS.] The fee for a license to use a
motor vehicle to sell fish is $27.50 $35.
Subd. 41. [TURTLE SELLERS.] The fee for a license to take,
transport, purchase, and possess turtles for sale is $55 $70.
Subd. 42. [FROG DEALERS.] The fee for the licenses to deal
in frogs that are to be used for purposes other than bait are:
(1) for a resident to purchase, possess, and transport
frogs, $77 $100;
(2) for a nonresident to purchase, possess, and transport
frogs, $220 $280; and
(3) for a resident to take, possess, transport, and sell
frogs, $11 $15.
Subd. 43. [DUPLICATE LICENSES.] The fees for duplicate
licenses are:
(1) for licenses to take big game, $5; and
(2) for other licenses, $2.
Sec. 84. Minnesota Statutes 1996, section 97B.667, is
amended to read:
97B.667 [REMOVAL OF BEAVER DAMS AND LODGES BY ROAD
AUTHORITIES.]
When a drainage watercourse is impaired by a beaver dam and
the water damages or threatens to damage a public road, the road
authority, as defined in section 160.02, subdivision 9, may
remove the impairment and any associated beaver lodge within 300
feet of the road, if the commissioner approves.
Sec. 85. Minnesota Statutes 1996, section 97B.715,
subdivision 1, is amended to read:
Subdivision 1. [STAMP REQUIRED.] (a) Except as provided in
paragraph (b) or section 97A.405, subdivision 2, a person
required to possess a small game license may not hunt pheasants
without:
(1) a pheasant stamp in possession; and
(2) a pheasant stamp validation on the small game license
when issued electronically.
(b) The following persons are exempt from this subdivision:
(1) residents under age 18 or over age 65; and
(2) persons hunting on licensed private commercial shooting
preserves.
Sec. 86. Minnesota Statutes 1996, section 97B.721, is
amended to read:
97B.721 [LICENSE AND STAMP REQUIRED TO TAKE TURKEY; TAGGING
AND REGISTRATION REQUIREMENTS.]
(a) Except as provided in paragraph (b) or section 97A.405,
subdivision 2, a person may not take a turkey without a turkey
license and:
(1) a turkey stamp in possession; and
(2) a turkey stamp validation on the turkey license when
issued electronically.
(b) The requirement in paragraph (a) to possess a turkey
stamp or a license validation does not apply to persons under
age 18.
(c) The commissioner may by rule prescribe requirements for
the tagging and registration of turkeys.
Sec. 87. Minnesota Statutes 1996, section 97B.801, is
amended to read:
97B.801 [MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.]
(a) Except as provided in this section or section 97A.405,
subdivision 2, a person required to possess a small game license
may not take migratory waterfowl without:
(1) a Minnesota migratory waterfowl stamp in possession;
and
(2) a migratory waterfowl stamp validation on the small
game license when issued electronically.
(b) Residents under age 18 or over age 65 and persons
hunting on their own property are not required to possess the a
stamp or a license validation under this section.
Sec. 88. Minnesota Statutes 1996, section 97C.305,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] Except as provided in
subdivision 2 or section 97A.405, subdivision 2, a person over
age 16 and under age 65 required to possess an angling license
must have a trout and salmon stamp in possession and a trout
stamp validation on the angling license when issued
electronically to:
(1) take fish by angling in:
(i) a stream designated by the commissioner as a trout
stream;
(ii) a lake designated by the commissioner as a trout lake;
or
(iii) Lake Superior; or
(2) possess trout or salmon taken in the state by angling.
Sec. 89. Minnesota Statutes 1996, section 97C.501,
subdivision 2, is amended to read:
Subd. 2. [MINNOW DEALERS.] (a) A person may not be a
minnow dealer without a minnow dealer license except as provided
in subdivision 3.
(b) A minnow dealer must obtain a minnow dealer's helper
license for each person employed to take, buy, sell, or
transport minnows by the minnow dealer. The minnow dealer may
transfer a helper's license from a former helper to a new helper.
(c) A minnow dealer must obtain a minnow dealer's vehicle
license for each motor vehicle used to transport minnows. The
serial number, motor vehicle license number, make, and model
must be on the license. The license must be conspicuously
displayed in the vehicle.
(d) (c) A minnow dealer may not transport minnows out of
the state without an exporting minnow dealer license. A minnow
dealer must obtain an exporting minnow dealer's vehicle license
for each motor vehicle used to transport minnows out of the
state. The serial number, motor vehicle license number, make,
and model must be on the license. The license must be
conspicuously displayed in the vehicle.
Sec. 90. Minnesota Statutes 1996, section 97C.801, is
amended to read:
97C.801 [TAKING ROUGH FISH ON MISSISSIPPI AND MINNESOTA
RIVERS RIVER.]
Subdivision 1. [ROUGH FISH ON MINNESOTA AND MISSISSIPPI
RIVERS.] (a) A license is required to take rough fish by set
line in the Minnesota river from Mankato to its junction with
the Mississippi river, and in the Mississippi river from St.
Anthony Falls to the St. Croix junction.
(b) A person may use only one set line to take rough fish
in the Minnesota river from Mankato to its junction with the
Mississippi river, and in the Mississippi river from St. Anthony
Falls to the St. Croix river junction, and the set line must:
(1) have not more than ten hooks;
(2) be set only in the flowing waters of the river;
(3) staked only at one end; and
(4) remain at the location designated in the application
for license unless approval of the commissioner has been given
to change the location.
(c) Notwithstanding section 97C.391, subdivision 1, rough
fish taken under this subdivision may not be bought or sold.
Subd. 2. [COMMERCIAL FISH NETTING AND SET LINES ON
MISSISSIPPI RIVER.] (a) A license is required to commercially
take rough fish with seines and set lines in the Mississippi
river from the St. Croix river junction to St. Anthony Falls.
(b) A person may take rough fish in the Mississippi river,
from the St. Croix river junction to St. Anthony Falls, only
with the following equipment and methods:
(1) operations shall be conducted only in the flowing
waters of the river and in tributary backwaters prescribed by
the commissioner;
(2) only one set line may be used that has an
identification tag and not more than 100 hooks;
(3) seines may be used only as prescribed by the
commissioner;
(4) (3) seines must be hauled to a landing immediately
after being placed;
(5) (4) two seines may not be joined together in the water;
(6) (5) a net may not be raised, laid out, or landed,
between sunset and sunrise; and
(7) (6) the location of a net or seine may not be changed
from the place specified in the license application without
notifying the commissioner of the proposed change.
Sec. 91. Minnesota Statutes 1996, section 103C.501,
subdivision 6, is amended to read:
Subd. 6. [RULES.] (a) The state board shall adopt rules
prescribing:
(1) procedures and criteria for allocating funds for
cost-sharing contracts;
(2) standards and guidelines for cost-sharing contracts;
(3) the scope and content of district comprehensive plans,
plan amendments, and annual work plans;
(4) standards and methods necessary to plan and implement a
priority cost-sharing program, including guidelines to identify
high priority erosion, sedimentation, and water quality
problems;
(5) the share of the cost of conservation practices to be
paid from cost-sharing funds; and
(6) requirements for districts to document their efforts to
identify and contact land occupiers with high priority erosion
problems.
(b) The rules may provide that cost-sharing may be used for
farmstead windbreaks and shelterbelts for the purposes of energy
conservation and snow protection.
Sec. 92. Minnesota Statutes 1996, section 103F.378,
subdivision 1, is amended to read:
Subdivision 1. [DUTIES.] The Minnesota river basin joint
powers board, established under section 471.59 for the purpose
of coordinating efforts to improve water quality in the
Minnesota river and achieving the goal of making the Minnesota
river suitable for fishing and swimming by the year 2005, has
the following duties:
(1) coordination of comprehensive cleanup goals for the
Minnesota river by coordinating the work plans of the 12 major
watersheds and the member counties of the joint powers board,
state agencies, and the University of Minnesota in cleanup
efforts and submission of periodic river cleanup plans for
submission to the governor and the legislature;
(2) advising on the development and use of monitoring and
evaluation systems in the Minnesota river and the incorporation
of the data obtained from these systems into the planning
process;
(3) conducting public meetings of the board on at least a
quarterly basis at locations within the Minnesota river basin;
(4) conducting an ongoing information and education program
concerning the status of the Minnesota river, including an
annual conference on the state of the Minnesota river; and
(5) providing periodic reports and budget requests to the
governor's office and the chairs of the agriculture and
environment and natural resources committees of the senate and
the house of representatives regarding progress on meeting river
water quality management goals and future funding required for
this effort.;
(6) advising on the development of projects within the 12
major watersheds that are scientifically sound, have landowner
support, and reduce inputs of pollutants into the Minnesota
river basin; and
(7) administering the distribution of project
implementation funds for the 12 major watersheds by approving
projects, identifying matching components for each project, and
tracking the results achieved for each project.
Sec. 93. Minnesota Statutes 1996, section 115.03, is
amended by adding a subdivision to read:
Subd. 9. [FUTURE COSTS OF WASTEWATER TREATMENT; UPDATE OF
1995 REPORT.] The commissioner shall, by January 15, 1998, and
each even-numbered year thereafter, provide the chairs of the
house and senate committees with primary jurisdiction over the
agency's budget with the following information:
(1) an updated list of all wastewater treatment upgrade and
construction projects the agency has identified to meet existing
and proposed water quality standards and regulations;
(2) an estimate of the total costs associated with the
projects listed in clause (1), and the projects' priority
ranking under Minnesota Rules, chapter 7077. The costs of
projects necessary to meet existing standards must be identified
separately from the costs of projects necessary to meet proposed
standards;
(3) the commissioner's best estimate, developed in
consultation with the commissioner of trade and economic
development and affected permittees, of the increase in sewer
service rates to the residents in the municipalities required to
construct the projects listed in clause (1) resulting from the
cost of these projects; and
(4) a list of existing and proposed state water quality
standards which are more stringent than is necessary to comply
with federal law, either because the standard has no applicable
federal water quality criteria, or because the standard is more
stringent than the applicable federal water quality criteria.
Sec. 94. [115.58] [ALTERNATIVE DISCHARGING SEWAGE SYSTEMS;
GENERAL PERMITS.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Alternative discharging sewage system" means a sewage
treatment system serving one or more dwellings and other
establishments that discharges less than 10,000 gallons of water
per day and uses any treatment and disposal methods other than
subsurface soil treatment and disposal.
(c) "Permit" means a National Pollutant Discharge
Elimination System permit or State Disposal System permit
granted to any person for the installation, ownership,
management, or control of alternative discharging sewage systems
whose operations, emissions, activities, discharges, or
facilities are the same or substantially similar.
(d) "Water quality cooperative" means an association of
persons organized under chapter 308A to install, own, manage,
and control individual sewage treatment systems or alternative
discharging sewage systems and provide water quality treatment
and management services for its members within a defined
geographical area.
(e) "Water quality treatment and management services" means
the monitoring and control of alternative discharging sewage
systems to eliminate or reduce water pollution from point and
nonpoint sources; the management, use, reuse, recycling, or
reclamation of land, water, or wastewater for water supply;
geothermal heating and cooling; fire protection; irrigation;
drainage; open space or green belt preservation; storm water
management and control; flood management and control or other
purposes that are part of a comprehensive plan to reduce,
prevent, or eliminate water pollution.
Subd. 2. [AREAWIDE PERMIT.] The agency may issue an
areawide permit for alternative discharging sewage systems,
where the systems:
(1) meet all applicable federal and state standards for
treatment and discharge of sewage effluents by the agency;
(2) are part of a water quality treatment and management
plan to prevent, eliminate, or reduce water pollution within a
defined geographic area;
(3) are owned or controlled by a water quality cooperative;
and
(4) the water quality cooperative has a service agreement
with a local unit of government to provide water quality
treatment and management services for the area under section
471A.03.
Subd. 3. [LOCAL ORDINANCE EXEMPTION.] Any system which is
permitted under subdivision 2 is exempt from the requirements of
any local ordinance adopted to conform with section 115.55 if
the system complies with the applicable standards for discharges
and treatment of sewage effluents.
Sec. 95. Minnesota Statutes 1996, section 115A.54,
subdivision 2a, is amended to read:
Subd. 2a. [SOLID WASTE MANAGEMENT PROJECTS.] (a) The
director shall provide technical and financial assistance for
the acquisition and betterment of solid waste management
projects as provided in this subdivision and section 115A.52.
Money appropriated for the purposes of this subdivision must be
distributed as grants.
(b) Except as provided in paragraph (c), a project may
receive grant assistance up to 25 percent of the capital cost of
the project or $2,000,000, whichever is less, except that
projects constructed as a result of intercounty cooperative
agreements may receive (1) grant assistance up to 25 percent of
the capital cost of the project; or (2) $2,000,000 times the
number of participating counties, whichever is less.
(c) A recycling project or a project to compost or
cocompost waste may receive grant assistance up to 50 percent of
the capital cost of the project or $2,000,000, whichever is
less, except that projects completed as a result of intercounty
cooperative agreements may receive (1) grant assistance up to 50
percent of the capital cost of the project; or (2) $2,000,000
times the number of participating counties, whichever is less.
The following projects may also receive grant assistance in the
amounts specified in this paragraph:
(1) a project to improve control of or reduce air emissions
at an existing resource recovery facility; and
(2) a project to substantially increase the recovery of
materials or energy, substantially reduce the amount or toxicity
of waste processing residuals, or expand the capacity of an
existing resource recovery facility to meet the resource
recovery needs of an expanded region if each county from which
waste is or would be received has achieved a recycling rate in
excess of the goals in section 115A.551, and is implementing
aggressive waste reduction and household hazardous waste
management programs.
(d) Notwithstanding paragraph (e), the director may award
grants for transfer stations that will initially transfer waste
to landfills if the transfer stations are part of a planned
resource recovery project, the county where the planned resource
recovery facility will be located has a comprehensive solid
waste management plan approved by the director, and the solid
waste management plan proposes the development of the resource
recovery facility. If the proposed resource recovery facility
is not in place and operating within eight 12 years of the date
of the grant award, the recipient shall repay the grant amount
to the state.
(e) Projects without resource recovery are not eligible for
assistance.
(f) In addition to any assistance received under paragraph
(b) or (c), a project may receive grant assistance for the cost
of tests necessary to determine the appropriate pollution
control equipment for the project or the environmental effects
of the use of any product or material produced by the project.
(g) In addition to the application requirements of section
115A.51, an application for a project serving eligible
jurisdictions in only a single county must demonstrate that
cooperation with jurisdictions in other counties to develop the
project is not needed or not feasible. Each application must
also demonstrate that the project is not financially prudent
without the state assistance, because of the applicant's
financial capacity and the problems inherent in the waste
management situation in the area, particularly transportation
distances and limited waste supply and markets for resources
recovered.
(h) For the purposes of this subdivision, a "project" means
a processing facility, together with any transfer stations,
transmission facilities, and other related and appurtenant
facilities primarily serving the processing facility. The
director shall adopt rules for the program by July 1, 1985.
(i) Notwithstanding anything in this subdivision to the
contrary, a project to construct a new mixed municipal solid
waste transfer station that has an enforceable commitment of at
least ten years, or of sufficient length to retire bonds sold
for the facility, to serve an existing resource recovery
facility may receive grant assistance up to 75 percent of the
capital cost of the project if addition of the transfer station
will increase substantially the geographical area served by the
resource recovery facility and the ability of the resource
recovery facility to operate more efficiently on a regional
basis and the facility meets the criteria in paragraph (c), the
second clause (2). A transfer station eligible for assistance
under this paragraph is not eligible for assistance under any
other paragraph of this subdivision.
Sec. 96. Minnesota Statutes 1996, section 115A.912, is
amended by adding a subdivision to read:
Subd. 4. [WASTE TIRE MATERIALS; PROHIBITION.] Materials
derived from waste tires may not be used as lightweight fill in
the construction of public roads in the state unless the
construction plan is prepared by a professional engineer
experienced in the geotechnical field and licensed in the state
of Minnesota. The plan shall include, but not be limited to,
the location, duration, and length of the project, the depth of
fill, the depth of cover, the size of waste tire pieces, the
plan for encapsulating the waste tire pieces, and the fire
protection plan. All engineering specifications must be
consistent with the current lightweight tire fill engineering
practices as developed for roadways by the Minnesota department
of transportation.
Sec. 97. Minnesota Statutes 1996, section 115A.916, is
amended to read:
115A.916 [MOTOR VEHICLE FLUIDS AND FILTERS; PROHIBITIONS.]
(a) A person may not knowingly place motor oil, brake
fluid, power steering fluid, transmission fluid, motor oil
filters, or motor vehicle antifreeze:
(1) in solid waste or in a solid waste management facility
other than a recycling facility or a household hazardous waste
collection facility;
(2) in or on the land, unless approved by the agency; or
(3) in or on the waters of the state or in a stormwater or
wastewater collection or treatment system.
(b) For the purposes of this section, "antifreeze" does not
include small amounts of antifreeze contained in water used to
flush the cooling system of a vehicle after the antifreeze has
been drained and does not include deicer that has been used on
the exterior of a vehicle.
(c) For businesses that purchase or use an annual average
of over 150 50 gallons of motor vehicle antifreeze per month for
on-site installation in motor vehicles, this section does not
apply to antifreeze placed in a wastewater collection system
that includes a publicly owned treatment works that is permitted
by the agency until December 31, 1996 1997. For businesses that
purchase or use an annual average of 150 50 gallons or less of
motor vehicle antifreeze per month for on-site installation in
motor vehicles, this section does not apply to antifreeze placed
in a wastewater collection system that includes a publicly owned
treatment works that is permitted by the agency until December
31, 1997 July 1, 1998.
(d) Notwithstanding paragraph (a), motor oil filters and
portions of motor oil filters may be processed at a permitted
mixed municipal solid waste resource recovery facility that
directly burns the waste if:
(1) the facility is subject to an industrial waste
management plan that addresses management of motor oil filters
and the owner or operator of the facility can demonstrate to the
satisfaction of the commissioner that the facility is in
compliance with that plan;
(2) the facility recovers ferrous metal after incineration
for recycling as part of its operation; and
(3) the motor oil filters are collected separately from
mixed municipal solid waste and are not combined with it except
for the purpose of incinerating the waste.
(e) The commissioner of the pollution control agency,
industry organizations representing automotive repair businesses
and antifreeze recycling businesses, and environmental
organizations shall work together to develop and promote
opportunities to recycle waste motor vehicle antifreeze and to
review the impact of alternative antifreeze disposal or
recycling methods on businesses and the environment.
Sec. 98. Minnesota Statutes 1996, section 115A.932,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITIONS.] (a) A person may not place
mercury or a thermostat, thermometer, electric switch,
appliance, gauge, or medical or scientific instrument from which
the mercury has not been removed for reuse or recycling:
(1) in solid waste; or
(2) in a wastewater disposal system.
(b) A person may not knowingly place mercury or a
thermostat, thermometer, electric switch, appliance, gauge, or
medical or scientific instrument from which the mercury has not
been removed for reuse or recycling:
(1) in a solid waste processing facility; or
(2) in a solid waste disposal facility, as defined in
section 115.01, subdivision 4.
(c) A person may not knowingly place a fluorescent or high
intensity discharge lamp:
(1) in solid waste; or
(2) in a solid waste facility, except a household hazardous
waste collection or recycling facility.
This paragraph does not apply to waste lamps generated by
households until August 1, 1994.
Sec. 99. Minnesota Statutes 1996, section 115B.02, is
amended by adding a subdivision to read:
Subd. 9a. [INSTITUTIONAL CONTROLS.] "Institutional
controls" means legally enforceable restrictions, conditions, or
controls on the use of real property, groundwater, or surface
water located at or adjacent to a facility where response
actions are taken that are reasonably required to assure that
the response actions are protective of public health or welfare
or the environment. Institutional controls include
restrictions, conditions, or controls enforceable by contract,
easement, restrictive covenant, statute, ordinance, or rule,
including official controls such as zoning, building codes, and
official maps. An affidavit required under section 115B.16,
subdivision 2, or similar notice of a release recorded with real
property records is also an institutional control.
Sec. 100. Minnesota Statutes 1996, section 115B.02,
subdivision 16, is amended to read:
Subd. 16. [REMEDY OR REMEDIAL ACTION.] "Remedy" or
"remedial action" means those actions consistent with permanent
remedy taken instead of or in addition to removal actions in the
event of a release or threatened release of a hazardous
substance, or a pollutant or contaminant, into the environment,
to prevent, minimize or eliminate the release in order to
protect the public health or welfare or the environment.
Remedy or remedial action includes, but is not limited to:
(a) Actions at the location of the release such as storage,
confinement, perimeter protection using dikes, trenches, or
ditches, clay cover, neutralization, cleanup of released
hazardous substances, pollutants or contaminants, or
contaminated materials, recycling or reuse, diversion,
destruction, segregation of reactive wastes, dredging or
excavations, repair or replacement of leaking containers,
collection of leachate and runoff, on-site treatment or
incineration, provision of alternative water supplies, and any
monitoring and maintenance, and institutional controls,
reasonably required to assure that these actions protect the
public health and welfare and the environment; and
(b) The costs of permanent relocation of residents and
businesses and community facilities when the agency determines
that, alone or in combination with other measures, relocation is
more cost-effective than and environmentally preferable to the
transportation, storage, treatment, destruction, or secure
disposition off-site of hazardous substances, or pollutants or
contaminants, or may otherwise be necessary to protect the
public health or welfare.
Remedy or remedial action does not include offsite
transport of hazardous substances, pollutants or contaminants,
or contaminated materials or their storage, treatment,
destruction, or secure disposition offsite unless the agency
determines that these actions:
(1) Are more cost-effective than other remedial actions;
(2) Will create new capacity to manage hazardous substances
in addition to those located at the affected facility, in
compliance with section 116.07 and subtitle C of the Solid Waste
Disposal Act, United States Code, title 42, section 6921 et
seq.; or
(3) Are necessary to protect the public health or welfare
or the environment from a present or potential risk which may be
created by further exposure to the continued presence of the
hazardous substances, pollutants or contaminants, or
contaminated materials.
Sec. 101. Minnesota Statutes 1996, section 115B.17,
subdivision 14, is amended to read:
Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND
OVERSIGHT.] (a) The commissioner may, upon request, assist a
person in determining whether real property has been the site of
a release or threatened release of a hazardous substance,
pollutant, or contaminant. The commissioner may also assist in,
or supervise, the development and implementation of reasonable
and necessary response actions. Assistance may include review
of agency records and files, and review and approval of a
requester's investigation plans and reports and response action
plans and implementation.
(b) Except as otherwise provided in this paragraph, the
person requesting assistance under this subdivision shall pay
the agency for the agency's cost, as determined by the
commissioner, of providing assistance. A state agency,
political subdivision, or other public entity is not required to
pay for the agency's cost to review agency records and files.
Money received by the agency for assistance under this section
must be deposited in the environmental response, compensation,
and compliance fund.
(c) When a person investigates a release or threatened
release in accordance with an investigation plan approved by the
commissioner under this subdivision, the investigation does not
associate that person with the release or threatened release for
the purpose of section 115B.03, subdivision 3, paragraph (d).
Sec. 102. Minnesota Statutes 1996, section 115B.17,
subdivision 15, is amended to read:
Subd. 15. [ACQUISITION OF PROPERTY.] The agency may
acquire, by purchase or donation, an interest in real property,
including easements, restrictive covenants, and leases, that the
agency determines is necessary for response action. The
validity and duration of a restrictive covenant or nonpossessory
easement acquired under this subdivision shall be determined in
the same manner as the validity and duration of a conservation
easement under chapter 84C, unless the duration is otherwise
provided in the agreement. The agency may acquire an easement
by condemnation only if the agency is unable, after reasonable
efforts, to acquire an interest in real property by purchase or
donation. The provisions of chapter 117 govern condemnation
proceedings by the agency under this subdivision. A donation of
an interest in real property to the agency is not effective
until the agency executes a certificate of acceptance. The
state is not liable under this chapter solely as a result of
acquiring an interest in real property under this subdivision.
Sec. 103. Minnesota Statutes 1996, section 115B.17, is
amended by adding a subdivision to read:
Subd. 17. [SETTLEMENTS; GENERAL AUTHORITY.] In addition to
the general authority vested in the agency to settle any claims
under sections 115B.01 to 115B.18, the agency may exercise the
settlement authorities provided in subdivisions 17 to 20. If
the agency does not obtain complete relief for all of its claims
under sections 115B.01 to 115B.18, pursuant to a settlement, the
agency may bring claims under those sections against any person
who is not a party to the settlement, but the settlement shall
reduce the liability of any person who is not a party to the
settlement by the amount of the settlement.
Sec. 104. Minnesota Statutes 1996, section 115B.17, is
amended by adding a subdivision to read:
Subd. 18. [CONTRIBUTION PROTECTION FOR
SETTLORS.] Notwithstanding anything to the contrary in section
115B.08 or any other law, a person who resolves its liability to
the agency under sections 115B.01 to 115B.18 in a settlement
shall not be liable for any claim for contribution regarding
matters addressed in the settlement. Except as otherwise
provided in the settlement, a party to a settlement retains any
right under section 115B.08 or any other law to bring a claim
for contribution against any person who is not a party to the
settlement. Any claim for contribution against a person who is
not a party to the settlement shall be subordinate to any claim
asserted against such person by the agency.
Sec. 105. Minnesota Statutes 1996, section 115B.17, is
amended by adding a subdivision to read:
Subd. 19. [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a)
When the agency determines that some but not all persons
responsible for a release are willing to implement response
actions, the agency may agree, pursuant to a settlement of its
claims under sections 115B.01 to 115B.18, to reimburse the
settling parties for response costs incurred to take the
actions. The agency may agree to reimburse any amount which
does not exceed the amount that the agency estimates may be
attributable to the liability of responsible persons who are not
parties to the settlement. Reimbursement may be provided only
for the cost of conducting remedial design and constructing
remedial action pursuant to the terms of the settlement.
Reimbursement under this subdivision shall be paid only upon the
agency's determination that the remedial action approved by the
agency has been completed in accordance with the terms of the
settlement. The agency may use money appropriated to it for
actions authorized under section 115B.20, subdivision 2, clause
(2), to pay reimbursement under this subdivision.
(b) The agency may agree to provide reimbursement under a
settlement only when all of the following requirements have been
met:
(1) the agency has made the determination under paragraph
(c) regarding persons who are not participating in the
settlement, and has provided written notice to persons
identified under paragraph (c), clauses (1) and (2), of their
opportunity to participate in the settlement or in a separate
settlement under subdivision 20;
(2) the release addressed in the settlement has been
assigned a priority pursuant to agency rules adopted under
subdivision 13, and the priority is at least as high as a
release for which the agency would be allowed to allocate funds
for remedial action under the rules;
(3) an investigation of the release addressed in the
settlement has been completed in accordance with a plan approved
by the agency; and
(4) the agency has approved the remedial action to be
implemented under the settlement.
(c) Before entering into a settlement providing for
reimbursement under this subdivision, the agency shall determine
that there are one or more persons who meet any of the following
criteria who are not participating in the settlement:
(1) persons identified by the agency as responsible for the
release addressed in the settlement but who are likely to have
only minimal involvement in actions leading to the release, or
are insolvent or financially unable to pay any significant share
of response action costs;
(2) persons identified by the agency as responsible for the
release other than persons described in clause (1) and who are
unwilling to participate in the settlement or to take response
actions with respect to the release;
(3) persons whom the agency has reason to believe are
responsible for the release addressed in the settlement but whom
the agency has been unable to identify; or
(4) persons identified to the agency by a party to the
proposed settlement as persons who are potentially responsible
for the release but for whom the agency has insufficient
information to determine responsibility.
(d) Except as otherwise provided in this subdivision, a
decision of the agency under this subdivision to offer or agree
to provide reimbursement in any settlement, or to determine the
amount of reimbursement it will provide under a settlement, is a
matter of agency discretion in the exercise of its enforcement
authority. In exercising discretion in this matter, the agency
may consider, among other factors, the degree of cooperation
with the agency that has been shown prior to the settlement by
the parties seeking reimbursement.
(e) The agency may require as a term of settlement under
this subdivision that the parties receiving reimbursement from
the agency waive any rights they may have to bring a claim for
contribution against persons who are not parties to the
settlement.
Sec. 106. Minnesota Statutes 1996, section 115B.17, is
amended by adding a subdivision to read:
Subd. 20. [SETTLEMENTS WITH DE MINIMIS PARTIES AND PARTIES
WITH LIMITED FINANCIAL RESOURCES.] (a) The agency may agree to
separately settle its claims under sections 115B.01 to 115B.18
with any persons:
(1) whose liability for response costs or response actions,
in the determination of the agency, is minimal in comparison
with the liability of other persons responsible for the release;
or
(2) who are responsible for a release but, in the
determination of the agency, are insolvent or financially unable
to pay any significant share of their liability for the response
costs.
(b) A settlement under this subdivision may require the
parties to pay a fixed amount in money or in kind toward the
implementation of response actions, and may include a premium
for the risk of additional future response costs or response
action requirements. The agency may require as a term of a
settlement under this subdivision that the settling responsible
persons waive any rights they may have to bring a claim for
contribution against persons who are not parties to the
settlement.
(c) All amounts paid to the agency under a settlement
entered into pursuant to this subdivision shall be deposited in
the account and are appropriated to the agency to pay for
response actions and associated administrative and legal costs
related to the release addressed in the settlement, including
reimbursement for response costs under subdivision 19.
Sec. 107. Minnesota Statutes 1996, section 115B.175,
subdivision 2, is amended to read:
Subd. 2. [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR
APPROVAL.] (a) The commissioner may approve a voluntary response
action plan submitted under this section that does not require
removal or remedy of all releases and threatened releases at an
identified area of real property if the commissioner determines
that all of the following criteria have been met:
(1) if reuse or development of the property is proposed,
the voluntary response action plan provides for all response
actions required to carry out the proposed reuse or development
in a manner that meets the same standards for protection that
apply to response actions taken or requested under section
115B.17, subdivision 1 or 2;
(2) the response actions and the activities associated with
any reuse or development proposed for the property will not
aggravate or contribute to releases or threatened releases that
are not required to be removed or remedied under the voluntary
response action plan, and will not interfere with or
substantially increase the cost of response actions to address
the remaining releases or threatened releases; and
(3) the owner of the property agrees to cooperate with the
commissioner or other persons acting at the direction of the
commissioner in taking response actions necessary to address
remaining releases or threatened releases, and to avoid any
action that interferes with the response actions.
(b) Under paragraph (a), clause (3), an owner may be
required to agree to any or all of the following terms necessary
to carry out response actions to address remaining releases or
threatened releases:
(1) to provide access to the property to the commissioner
and the commissioner's authorized representatives;
(2) to allow the commissioner, or persons acting at the
direction of the commissioner, to undertake reasonable and
necessary activities at the property including placement of
borings, wells, equipment, and structures on the property,
provided that the activities do not unreasonably interfere with
the proposed reuse or redevelopment; and
(3) to grant easements or other interests in the property
to the agency for any of the purposes provided in clause (1) or
(2).
(c) An agreement under paragraph (a), clause (3), must
apply to and be binding upon the successors and assigns of the
owner. The owner shall record the agreement, or a memorandum
approved by the commissioner that summarizes the agreement, with
the county recorder or registrar of titles of the county where
the property is located.
Sec. 108. Minnesota Statutes 1996, section 115B.175,
subdivision 6a, is amended to read:
Subd. 6a. [VOLUNTARY RESPONSE ACTIONS BY RESPONSIBLE
PERSONS.] (a) Notwithstanding subdivision 1, paragraph (a), when
a person who is responsible for a release or threatened release
under sections 115B.01 to 115B.18 undertakes and completes
response actions, the protection from liability provided by this
section applies to persons described in paragraph (c) if the
response actions are undertaken and completed in accordance with
this subdivision.
(b) The response actions must be undertaken and completed
in accordance with a voluntary response action plan approved as
provided in subdivision 3. Notwithstanding subdivision 2, a
voluntary response action plan submitted by a person who is
responsible for the release or threatened release must require
remedy or removal of all releases and threatened releases at the
identified area of real property. The identified area of real
property must correspond to the boundaries of a parcel that is
either separately platted or is the entire parcel.
(c) Subject to the provisions of subdivision 7, when the
commissioner issues a certificate of completion under
subdivision 5 for response actions completed at an identified
area of real property in accordance with this subdivision, the
liability protection under this section applies to:
(1) a person who acquires the identified real property
after approval of the voluntary response action plan;
(2) a person providing financing for response actions or
development at the identified real property after approval of
the response action plan, whether the financing is provided to
the person undertaking the response actions or other person who
acquires or develops the property; and
(3) a successor or assign of a person to whom the liability
protection applies under this paragraph.
(d) When the commissioner issues a certificate of
completion for response actions completed by a responsible
person, the commissioner and the responsible person may enter
into an agreement that resolves the person's future liability to
the agency under sections 115B.01 to 115B.18 for the release or
threatened release addressed by the response actions.
Sec. 109. Minnesota Statutes 1996, section 115B.412,
subdivision 10, is amended to read:
Subd. 10. [REPORT.] By October December 1 of each year,
the commissioner shall report to the environment and natural
resources committees and to the appropriate finance committees
of the senate and the house of representatives on the
commissioner's activities under sections 115B.39 to 115B.43 and
the commissioner's anticipated activities during future fiscal
years.
Sec. 110. Minnesota Statutes 1996, section 115B.48,
subdivision 3, is amended to read:
Subd. 3. [DRYCLEANING FACILITY.] "Drycleaning facility"
means a facility located in this state that is or has been used
for a drycleaning operation, other than:
(1) a coin-operated drycleaning operation;
(2) a facility located on a United States military base;
(3) a uniform service or linen supply facility;
(4) a prison or other penal institution;
(5) a facility on the national priorities list established
under the Federal Superfund Act; or
(6) a facility at which a response action has been taken or
started under section 115B.17 before July 1, 1995, except as
authorized in a settlement agreement approved by the
commissioner by July 1, 1997.
Sec. 111. Minnesota Statutes 1996, section 115B.48,
subdivision 8, is amended to read:
Subd. 8. [FULL-TIME EQUIVALENCE.] "Full-time equivalence"
means 2,000 hours worked by employees, owners, and others, at
duties related to the drycleaning operation in a drycleaning
facility during a 12-month period beginning July 1 of the
preceding year and running through June 30 of the year in which
the annual registration fee is due. For those drycleaning
facilities that were in business less than the 12-month period,
full-time equivalence means the total of all of the hours worked
at duties related to the drycleaning operation in the
drycleaning facility, divided by 2,000 and multiplied by a
fraction, the numerator of which is 50 and the denominator of
which is the number of weeks in business during the reporting
period.
Sec. 112. Minnesota Statutes 1996, section 115B.49,
subdivision 4, is amended to read:
Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator
of a drycleaning facility shall register on or before July 1 of
each year with the commissioner of revenue in a manner
prescribed by the commissioner of revenue and pay a registration
fee for the facility. The amount of the fee is:
(1) $500, for facilities with a full-time equivalence of
fewer than five;
(2) $1,000, for facilities with a full-time equivalence of
five to ten; and
(3) $1,500, for facilities with a full-time equivalence of
more than ten.
(b) A person who sells drycleaning solvents for use by
drycleaning facilities in the state shall collect and remit to
the commissioner of revenue in a manner prescribed by the
commissioner of revenue, on or before the 20th day of the month
following the month in which the sales of drycleaning solvents
are made, a fee of:
(1) $3.50 for each gallon of perchloroethylene sold for use
by drycleaning facilities in the state; and
(2) 70 cents for each gallon of hydrocarbon-based
drycleaning solvent sold for use by drycleaning facilities in
the state.
(c) The commissioner shall, after a public hearing but
notwithstanding section 16A.1285, subdivision 4, annually adjust
the fees in this subdivision as necessary to maintain an
unencumbered balance in the account annual income of at least
$1,000,000:
(1) $600,000 beginning July 1, 1997;
(2) $700,000 beginning July 1, 1998; and
(3) $800,000 beginning July 1, 1999.
Any adjustment under this paragraph must be prorated among all
the fees in this subdivision. Fees adjusted under this
paragraph may not exceed 200 percent of the fees in this
subdivision After adjustment under this paragraph, the fees in
this subdivision must not be greater than two times their
original amount. The commissioner shall notify the commissioner
of revenue of an adjustment under this paragraph no later than
March 1 of the year in which the adjustment is to become
effective. The adjustment is effective for sales of drycleaning
solvents made, and annual registration fees due, beginning on
July 1 of the same year.
(d) To enforce this subdivision, the commissioner of
revenue may examine documents, assess and collect fees, conduct
investigations, issue subpoenas, grant extensions to file
returns and pay fees, impose penalties and interest on the
annual registration fee under paragraph (a) and the monthly fee
under paragraph (b), abate penalties and interest, and
administer appeals, in the manner provided in chapters 270 and
289A. The penalties and interest imposed on taxes under chapter
297A apply to the fees imposed under this subdivision.
Disclosure of data collected by the commissioner of revenue
under this subdivision is governed by chapter 270B.
Sec. 113. Minnesota Statutes 1996, 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.1285 establishing a system for charging permit
fees collected under this subdivision. The fee schedule must
reflect reasonable and routine permitting, implementation, and
enforcement costs. The agency may impose an additional
enforcement fee to be collected for a period of up to two years
to cover the reasonable costs of implementing and enforcing the
conditions of a permit under the rules of the agency. Any money
collected under this paragraph shall be deposited in the special
revenue account environmental fund.
(b) Notwithstanding paragraph (a), and section 16A.1285,
subdivision 2, 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 subchapter V of the federal
Clean Air Act, United States Code, title 42, section 7401 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 subchapter V of the federal Clean Air
Act, United States Code, title 42, section 7401 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; and providing information to the public
about these activities.
(c) The agency shall adopt fee rules in accordance with the
procedures in section 16A.1285, subdivision 5, that:
(1) will result in the collection, in the aggregate, from
the sources listed in paragraph (b), of the following amounts:
(1) 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); and each pollutant, except carbon
monoxide, for which a national primary ambient air quality
standard has been promulgated; and
(2) the agency fee rules may also result in the collection,
in the aggregate, from the sources listed in paragraph (b), of
an amount not less than $25 per ton of each pollutant not listed
in clause (1) that is regulated under this chapter or air
quality rules adopted under this chapter.; and
(3) shall collect, in the aggregate, from the sources
listed in paragraph (b), the amount needed to match grant funds
received by the state under United States Code, title 42,
section 7405 (section 105 of the federal Clean Air Act).
The agency must not include in the calculation of the aggregate
amount to be collected under the fee rules clauses (1) and (2)
any amount in excess of 4,000 tons per year of each air
pollutant from a source. The increase in air permit fees to
match federal grant funds shall be a surcharge on existing
fees. The commissioner may not collect the surcharge after the
grant funds become unavailable. In addition, the commissioner
shall use nonfee funds to the extent practical to match the
grant funds so that the fee surcharge is minimized.
(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
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 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. The
revision of the Consumer Price Index that is most consistent
with the Consumer Price Index for calendar year 1989 shall be
used.
(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) Persons who wish to construct or expand an air emission
facility may offer to reimburse the agency for the costs of
staff overtime or consultant services needed to expedite permit
review. The reimbursement shall be in addition to fees imposed
by paragraphs (a) to (d). When the agency determines that it
needs additional resources to review the permit application in
an expedited manner, and that expediting the review would not
disrupt air permitting program priorities, the agency may accept
the reimbursement. Reimbursements accepted by the agency are
appropriated to the agency for the purpose of reviewing the
permit application. Reimbursement by a permit applicant shall
precede and not be contingent upon issuance of a permit and
shall not affect the agency's decision on whether to issue or
deny a permit, what conditions are included in a permit, or the
application of state and federal statutes and rules governing
permit determinations.
Sec. 114. Minnesota Statutes 1996, section 116.07, is
amended by adding a subdivision to read:
Subd. 7a. [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT
PERMIT.] A person who applies to the pollution control agency or
a county board for a permit to construct or expand a feedlot
with a capacity of 500 animal units or more shall, not later
than ten business days after the application is submitted,
provide notice to each resident and each owner of real property
within 5,000 feet of the perimeter of the proposed feedlot. The
notice may be delivered by first class mail, in person, or by
the publication in a newspaper of general circulation within the
affected area and must include information on the type of
livestock and the proposed capacity of the feedlot.
Notification under this subdivision is satisfied under an equal
or greater notification requirement of a county conditional use
permit.
Sec. 115. [116.0713] [LIVESTOCK ODOR.]
The pollution control agency must:
(1) monitor and identify potential livestock facility
violations of the state ambient air quality standards for
hydrogen sulfide, using a protocol for responding to citizen
complaints regarding feedlot odor and its hydrogen sulfide
component, including the appropriate use of portable monitoring
equipment that enables monitoring staff to follow plumes;
(2) when livestock production facilities are found to be in
violation of ambient hydrogen sulfide standards, take
appropriate actions necessary to ensure compliance, utilizing
appropriate technical assistance and enforcement and penalty
authorities provided to the agency by statute and rule.
Sec. 116. Minnesota Statutes 1996, section 116.92, is
amended by adding a subdivision to read:
Subd. 8a. [BAN; MERCURY MANOMETERS.] After June 30, 1997,
mercury manometers for use on dairy farms may not be sold or
installed, nor may mercury manometers in use on dairy farms be
repaired. After December 31, 2000, all mercury manometers on
dairy farms must be removed from use.
Sec. 117. [116.993] [SMALL BUSINESS ENVIRONMENTAL
IMPROVEMENT LOAN PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] A small business
environmental improvement revolving loan program is established
to provide loans to small businesses for the purpose of capital
equipment purchases that will meet or exceed environmental rules
and regulations or for investigation and cleanup of contaminated
sites. The small business environmental improvement revolving
loan program replaces the small business environmental loan
program in Minnesota Statutes 1996, section 116.991, and the
hazardous waste generator loan program in Minnesota Statutes
1996, section 115B.223.
Subd. 2. [ELIGIBLE BORROWER.] To be eligible for a loan
under this section, a borrower must:
(1) be a small business corporation, sole proprietorship,
partnership, or association;
(2) be a potential emitter of pollutants to the air,
ground, or water;
(3) need capital for equipment purchases that will meet or
exceed environmental regulations or need capital for site
investigation and cleanup;
(4) have less than 50 full-time employees;
(5) have an after tax profit of less than $500,000; and
(6) have a net worth of less than $1,000,000.
Subd. 3. [LOAN APPLICATION AND AWARD PROCEDURE.] The
commissioner of the pollution control agency may give priority
to applicants that include, but are not limited to, those
subject to Clean Air Act standards adopted under United States
Code, title 42, section 7412, those undergoing site
investigation and remediation, those involved with facility wide
environmental compliance and pollution prevention projects, and
those determined by the commissioner to be small business
outreach priorities. The commissioner shall decide whether to
award a loan to an eligible borrower based on:
(1) the applicant's financial need;
(2) the applicant's ability to secure and repay the loan;
and
(3) the expected environmental benefit.
Subd. 4. [SCREENING COMMITTEE.] The commissioner shall
appoint a screening committee to evaluate applications and
determine loan awards. The committee shall have diverse
expertise in air quality, water quality, solid and hazardous
waste management, site response and cleanup, pollution
prevention, and financial analysis.
Subd. 5. [LIMITATION ON LOAN OBLIGATION.] Numbers of
applications accepted, evaluated, and awarded are based upon the
available money in the small business environmental improvement
loan account.
Subd. 6. [LOAN CONDITIONS.] A loan made under this section
must include:
(1) an interest rate that is four percent or one-half the
prime rate, whichever is greater;
(2) a term of payment of not more than seven years; and
(3) an amount not less than $1,000 or exceeding $50,000.
Sec. 118. [116.994] [SMALL BUSINESS ENVIRONMENTAL
IMPROVEMENT LOAN ACCOUNT.]
The small business environmental improvement loan account
is established in the environmental fund. Repayments of loans
made under section 116.993 must be credited to this account.
This account replaces the small business environmental loan
account in Minnesota Statutes 1996, section 116.992, and the
hazardous waste generator loan account in Minnesota Statutes
1996, section 115B.224. The account balances and pending
repayments from the small business environmental loan account
and the hazardous waste generator account will be credited to
this new account. Money in the account is appropriated to the
commissioner for loans under this section.
Sec. 119. Minnesota Statutes 1996, section 116C.834,
subdivision 2, is amended to read:
Subd. 2. [COLLECTION AND DEPOSIT.] Fees assessed under
subdivision 1 shall be collected by the commissioner of
revenue. All money received pursuant to this subdivision shall
be deposited in the special revenue environmental fund.
Sec. 120. Minnesota Statutes 1996, section 116O.09,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) In addition to the duties and
powers assigned to the institutes in section 116O.08, the
agricultural utilization research institute shall:
(1) identify the various market segments characterized by
Minnesota's agricultural industry, address each segment's
individual needs, and identify development opportunities in each
segment;
(2) develop and implement a utilization program for each
segment that addresses its development needs and identifies
techniques to meet those needs;
(3) coordinate research among the public and private
organizations and individuals specifically addressing procedures
to transfer new technology to businesses, farmers, and
individuals; and
(4) provide research grants to public and private
educational institutions and other organizations that are
undertaking basic and applied research that would promote the
development of the various agricultural industries; and
(5) provide financial assistance including, but not limited
to: (i) direct loans, guarantees, interest subsidy payments,
and equity investments; and (ii) participation in loan
participations. The board of directors shall establish the
terms and conditions of the financial assistance.
(b) The agricultural utilization research institute board
of directors, with the concurrence of the advisory board, shall
have the sole approval authority for establishing agricultural
utilization research priorities, requests for proposals to meet
those priorities, awarding of grants, hiring and direction of
personnel, and other expenditures of funds consistent with the
adopted and approved mission and goals of the agricultural
utilization research institute. The actions and expenditures of
the agricultural utilization research institute are subject to
audit and regular annual report to the legislature in general
and specifically the house of representatives agriculture
committee, the senate agriculture and rural development
committee, the house of representatives appropriations
environment and natural resources finance committee, and the
senate finance committee environment and agriculture budget
division.
Sec. 121. Minnesota Statutes 1996, section 116O.09,
subdivision 5, is amended to read:
Subd. 5. [ADVISORY BOARD.] A 26-member advisory board
is may be established to identify priorities for the
agricultural utilization research institute. Members of the
advisory board are appointed by the board. The advisory board
consists of: the chair of the Minnesota house of
representatives agricultural committee; the chair of the
Minnesota senate agricultural committee; a representative from
each of the ten largest agricultural-related businesses in the
state as determined by the corporation; a member from each of
the appropriate trade organizations representing producers of
beef cattle, dairy, corn, soybeans, pork, wheat, turkey, barley,
wild rice, edible beans, eggs, and potatoes; a member of the
Farmers's Union; and a member of the Farm Bureau. Terms and
removal of members must be set by the board and members of the
advisory board serve without compensation but shall receive
their necessary and actual expenses.
The advisory board shall annually provide a list of
priorities and suggested research and marketing studies that
should be performed by the agricultural utilization research
institute.
Sec. 122. Minnesota Statutes 1996, section 116O.09,
subdivision 9, is amended to read:
Subd. 9. [MEETINGS.] The board of directors shall meet at
least twice each year and may hold additional meetings upon
giving notice in accordance with the bylaws of the institute.
Board meetings are subject to section 471.705, except
subdivision 1b as it pertains to financial information, business
plans, income and expense projections, customer lists, market
and feasibility studies, and trade secret information as defined
by section 13.37, subdivision 1, paragraph (b).
Sec. 123. Minnesota Statutes 1996, section 216B.2423, is
amended by adding a subdivision to read:
Subd. 3. [STANDARD CONTRACTS FOR WIND ENERGY CONVERSION
SYSTEMS.] The public utilities commission shall require a public
utility subject to subdivision 1 to develop and file in a form
acceptable to the commission by October 1, 1997, a standard form
contract for the purchase of electricity from wind conversion
systems with installed capacity of two megawatts and less. For
purposes of applying the two megawatts limit, the installed
capacity sold to the public utility from a single seller or
affiliated group of sellers shall be cumulated. The standard
contract shall include all the terms and conditions for
purchasing wind-generated power by the utility, except for price
and any other specific terms necessary to ensure system
reliability and safety, which shall be separately negotiable.
Sec. 124. Minnesota Statutes 1996, section 216C.41,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section:
(b) "Qualified hydroelectric facility" means a
hydroelectric generating facility in this state that:
(1) is located at the site of a dam, if the dam was in
existence as of March 31, 1994; and
(2) begins generating electricity after July 1, 1994.
(c) "Qualified wind energy conversion facility" means a
wind energy conversion system that:
(1) is located within one county and owned by a natural
person who owns the land where the facility is sited, or is a
farm-generated wind energy production facility qualifying under
section 41B.046, subdivision 1;
(2) produces two megawatts or less of electricity as
measured by nameplate rating; and
(3) begins generating electricity after June 30, 1997, and
before July 1, 1999; or
(2) begins generating electricity after June 30, 1999,
produces two megawatts or less of electricity as measured by
nameplate rating, and is:
(i) located within one county and owned by a natural person
who owns the land where the facility is sited;
(ii) owned by a Minnesota small business as defined in
section 645.445;
(iii) owned by a nonprofit organization; or
(iv) owned by a tribal council if the facility is located
within the boundaries of the reservation.
Sec. 125. [219.99] [RAILROAD PRAIRIE RIGHTS-OF-WAY; BEST
MANAGEMENT PRACTICES.]
The commissioner of natural resources shall conduct a field
review of railroad rights-of-way to identify native prairie.
The priority will be to identify and conduct a field review of
any surveys which have been conducted previously, whether by
public or private persons, of native prairies within railroad
rights-of-way in this state. In cooperation with railroad
companies, the commissioner shall identify management practices
used to control vegetation along railroad rights-of-way. The
commissioner shall then assess the impact of those management
practices on the prairie lands within the railroad rights-of-way.
Based on that assessment, the commissioner and railroad
companies shall jointly develop voluntary best management
practices for prairie lands within railroad rights-of-way.
Sec. 126. Minnesota Statutes 1996, section 223.17,
subdivision 3, is amended to read:
Subd. 3. [GRAIN BUYERS AND STORAGE FUND; FEES.] The
commissioner shall set the fees for inspections under sections
223.15 to 223.22 at levels necessary to pay the expenses of
administering and enforcing sections 223.15 to 223.22. These
fees may be adjusted pursuant to the provisions of section
16A.1285.
The fee for any license issued or renewed prior to June 30,
1984, is $100. The fee for any license issued or renewed after
June 30, 1984 1997, shall be set according to the following
schedule:
(a) $100 plus $50 for each additional location for grain
buyers whose gross annual purchases are less than
$1,500,000 $100,000;
(b) $200 plus $50 for each additional location for grain
buyers whose gross annual purchases are at least
$1,500,000 $100,000, but not more than $3,000,000 $750,000;
and
(c) $300 plus $50 $100 for each additional location for
grain buyers whose gross annual purchases are more than
$3,000,000. $750,000 but not more than $1,500,000;
(d) $400 plus $100 for each additional location for grain
buyers whose gross annual purchases are more than $1,500,000 but
not more than $3,000,000; and
(e) $500 plus $100 for each additional location for grain
buyers whose gross annual purchases are more than $3,000,000.
There is created in the state treasury the grain buyers and
storage fund. Money collected pursuant to sections 223.15 to
223.19 shall be paid into the state treasury and credited to the
grain buyers and storage fund and is appropriated to the
commissioner for the administration and enforcement of sections
223.15 to 223.22.
Sec. 127. Minnesota Statutes 1996, section 300.111, is
amended by adding a subdivision to read:
Subd. 5. [WATER QUALITY UTILITIES.] Notwithstanding any
contrary provision in subdivision 1, the term "public utility"
also means a person, corporation, cooperative, or other legal
entity, their lessees, trustees, and receivers who are
operating, maintaining, or controlling equipment or facilities
to provide water quality treatment and management services, as
defined by section 115.58, subdivision 1, paragraph (e).
"Public utility" does not include a municipality that owns or
operates equipment or facilities for treating wastewater,
furnishing potable water or water for geothermal heating and
cooling, managing storm water runoff or drainage, or reducing or
eliminating water pollution.
Sec. 128. Minnesota Statutes 1996, section 308A.101, is
amended by adding a subdivision to read:
Subd. 3. [WATER QUALITY COOPERATIVE PURPOSE.] A water
quality cooperative may only be formed by a cooperative engaged
in furnishing potable water or water quality treatment and
management services, as defined in section 115.58, subdivision
1, paragraph (e), for the purpose of financing or refinancing
the construction, improvement, expansion, acquisition,
operation, and maintenance of treatment works, sewage systems,
storm sewer facilities, water pipelines, and related facilities
of its members.
Sec. 129. Minnesota Statutes 1996, section 308A.201, is
amended by adding a subdivision to read:
Subd. 15. [WATER QUALITY COOPERATIVE CONDEMNATION
POWER.] A water quality cooperative organized in this state may
exercise the power of eminent domain in the manner provided by
state law for the exercise of the power by corporations engaged
in the provision of electric, light, heat, power, or telephone
service.
Sec. 130. Minnesota Statutes 1996, section 325E.10,
subdivision 2, is amended to read:
Subd. 2. "Motor oil" means petroleum based oil used as a
lubricant or hydraulics in a transmission or internal combustion
engine motor vehicle as defined in section 168.011, subdivision
4.
Sec. 131. Minnesota Statutes 1996, section 325E.10, is
amended by adding a subdivision to read:
Subd. 2a. "Motor oil filter" means any filter used in
combination with motor oil.
Sec. 132. Minnesota Statutes 1996, section 325E.10, is
amended by adding a subdivision to read:
Subd. 5. "Used motor oil filter" means a motor oil filter
which through use, storage, or handling has become unsuitable
for its original purpose due to the presence of impurities or
loss of original properties.
Sec. 133. Minnesota Statutes 1996, section 325E.11, is
amended to read:
325E.11 [COLLECTION FACILITIES; NOTICE.]
(a) Any person selling at retail or offering motor oil or
motor oil filters for retail sale in this state shall:
(1) post a notice indicating the nearest location where
used motor oil and used motor oil filters may be returned at no
cost for recycling or reuse, post a toll-free telephone number
that may be called by the public to determine a convenient
location, or post a listing of locations where used motor oil
and used motor oil filters may be returned at no cost for
recycling or reuse; or
(2) if the person is subject to section 325E.112, post a
notice informing customers purchasing motor oil or motor oil
filters of the location of the used motor oil and used motor oil
filter collection site established by the retailer in accordance
with section 325E.112 where used motor oil and used motor oil
filters may be returned at no cost.
(b) A notice under paragraph (a) shall be posted on or
adjacent to the motor oil and motor oil filter displays, be at
least 8-1/2 inches by 11 inches in size, contain the universal
recycling symbol with the following language:
(1) "It is illegal to put used oil and used motor oil
filters in the garbage.";
(2) "Recycle your used oil and used motor oil filters.";
and
(3)(i) "There is a free collection site here for your used
oil and used motor oil filters."; or
(ii) "There is a free collection site for used oil and used
motor oil filters located at (name of business and street
address).";
(iii) "For the location of a free collection site for used
oil and used motor oil filters call (toll-free phone number).";
or
(iv) "Here is a list of free collection sites for used oil
and used motor oil filters."
(c) The division of weights and measures under the
department of public service shall enforce compliance with this
section as provided in section 239.54. The pollution control
agency shall enforce compliance with this section under sections
115.071 and 116.072 in coordination with the division of weights
and measures.
Sec. 134. Minnesota Statutes 1996, section 325E.112,
subdivision 2, is amended to read:
Subd. 2. [REIMBURSEMENT PROGRAM.] A contaminated used
motor oil reimbursement program is established to provide
partial reimbursement of the costs of disposing of contaminated
used motor oil. In order to receive reimbursement, persons who
accept used motor oil from the public or parties that they have
contracted with to accept used motor oil must provide to the
commissioner of the pollution control agency proof of
contamination, information on methods the person used to prevent
the contamination of used motor oil at the site, a copy of the
billing for disposal costs incurred because of the contamination
and proof of payment, and a copy of the hazardous waste manifest
or shipping paper used to transport the waste. The commissioner
shall reimburse a recipient of contaminated used motor oil 90
100 percent of the costs of properly disposing of the
contaminated used motor oil. The commissioner may not reimburse
persons who intentionally place contaminants or do not take
precautions to prevent contaminants from being placed in used
motor oil, or operate a private collection site that:
(1) is not publicly promotable or listed with the agency;
(2) does not accept up to five gallons of used motor oil
and five used motor oil filters per person per day without
charging a fee; or
(3) does not control access to the site during times when
the site is closed.
A person operating a collection site may refuse to accept
any used motor oil or used motor oil filter:
(1) that is from a business;
(2) that appears to be contaminated with antifreeze,
hazardous waste, or other materials that may increase the cost
of used motor oil management and disposal; or
(3) when the storage equipment for that particular waste is
temporarily filled.
Persons operating government collection sites are eligible for
reimbursement of the costs of disposing of contaminated used
motor oil. Reimbursements made under this subdivision are
limited to the money available in the contaminated used motor
oil reimbursement account.
Sec. 135. Minnesota Statutes 1996, section 394.25,
subdivision 2, is amended to read:
Subd. 2. [DISTRICTS SET BY ZONING ORDINANCES.] Zoning
ordinances establishing districts within which the use of land
or the use of water or the surface of water pursuant to section
86B.205 for agriculture, forestry, recreation, residence,
industry, trade, soil conservation, water supply conservation,
surface water drainage and removal, conservation of shorelands,
as defined in sections 103F.201 to 103F.221, and additional uses
of land and of the surface of water pursuant to section 86B.205,
may be by official controls encouraged, regulated, or prohibited
and for such purpose the board may divide the county into
districts of such number, shape, and area as may be deemed best
suited to carry out the comprehensive plan. Official controls
may also be applied to wetlands preservation, open space, parks,
sewage disposal, protection of groundwater, protection of
floodplains as defined in section 103F.111, protection of wild,
scenic, or recreational rivers as defined in sections 103F.311
and 103F.315, protection of slope, soils, unconsolidated
materials or bedrock from potentially damaging development,
preservation of forests, woodlands and essential wildlife
habitat, reclamation of nonmetallic mining lands; protection and
encouragement of access to direct sunlight for solar energy
systems as defined in section 216C.06, subdivision 8; and the
preservation of agricultural lands. Official controls may
include provisions for purchase of development rights by the
board in the form of conservation easements under chapter 84C in
areas where preservation is considered by the board to be
desirable, and the transfer of development rights from those
areas to areas the board considers more desirable for
development.
Sec. 136. Minnesota Statutes 1996, section 394.25, is
amended by adding a subdivision to read:
Subd. 3c. [FEEDLOT ZONING ORDINANCES.] (a) A county
proposing to adopt a new feedlot ordinance or amend an existing
feedlot ordinance must notify the pollution control agency and
commissioner of agriculture at the beginning of the process.
(b) Prior to final approval of a feedlot ordinance, a
county board may submit a copy of the proposed ordinance to the
pollution control agency and to the commissioner of agriculture
and request review, comment, and preparation of a report on the
environmental and agricultural effects from specific provisions
in the ordinance.
(c) The report may include:
(1) any recommendations for improvements in the ordinance;
and
(2) the legal, social, economic, or scientific
justification for each recommendation under clause (1).
(d) A local ordinance that contains a setback for new
feedlots from existing residences must also provide for a new
residence setback from existing feedlots located in areas zoned
agricultural at the same distances and conditions specified in
the setback for new feedlots, unless the new residence is built
to replace an existing residence. A county may grant a variance
from this requirement under section 394.27, subdivision 7.
Sec. 137. [394.305] [NOTICE OF RESIDENTIAL DEVELOPMENT ON
CERTAIN AGRICULTURAL LAND.]
A person who applies for a permit to construct four or more
residential units on a site located on land zoned for
agricultural use or on agricultural land in a county that does
not have a comprehensive land use or zoning plan shall, not
later than ten business days after the application is submitted,
provide notice to each owner of agricultural real property
within 5,000 feet of the perimeter of the residential
development. The notice may be delivered by first class mail,
in person, or by publication in a newspaper of general
circulation within the affected area and must include
information on the number of residential units.
Sec. 138. Minnesota Statutes 1996, section 462.357,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY FOR ZONING.] For the purpose of
promoting the public health, safety, morals, and general
welfare, a municipality may by ordinance regulate on the earth's
surface, in the air space above the surface, and in subsurface
areas, the location, height, width, bulk, type of foundation,
number of stories, size of buildings and other structures, the
percentage of lot which may be occupied, the size of yards and
other open spaces, the density and distribution of population,
the uses of buildings and structures for trade, industry,
residence, recreation, public activities, or other purposes, and
the uses of land for trade, industry, residence, recreation,
agriculture, forestry, soil conservation, water supply
conservation, conservation of shorelands, as defined in sections
103F.201 to 103F.221, access to direct sunlight for solar energy
systems as defined in section 216C.06, flood control or other
purposes, and may establish standards and procedures regulating
such uses. To accomplish these purposes, official controls may
include provision for purchase of development rights by the
governing body in the form of conservation easements under
chapter 84C in areas where the governing body considers
preservation desirable and the transfer of development rights
from those areas to areas the governing body considers more
appropriate for development. No regulation may prohibit earth
sheltered construction as defined in section 216C.06,
subdivision 2, relocated residential buildings, or manufactured
homes built in conformance with sections 327.31 to 327.35 that
comply with all other zoning ordinances promulgated pursuant to
this section. The regulations may divide the surface, above
surface, and subsurface areas of the municipality into districts
or zones of suitable numbers, shape, and area. The regulations
shall be uniform for each class or kind of buildings,
structures, or land and for each class or kind of use throughout
such district, but the regulations in one district may differ
from those in other districts. The ordinance embodying these
regulations shall be known as the zoning ordinance and shall
consist of text and maps. A city may by ordinance extend the
application of its zoning regulations to unincorporated
territory located within two miles of its limits in any
direction, but not in a county or town which has adopted zoning
regulations; provided that where two or more noncontiguous
municipalities have boundaries less than four miles apart, each
is authorized to control the zoning of land on its side of a
line equidistant between the two noncontiguous municipalities
unless a town or county in the affected area has adopted zoning
regulations. Any city may thereafter enforce such regulations
in the area to the same extent as if such property were situated
within its corporate limits, until the county or town board
adopts a comprehensive zoning regulation which includes the area.
Sec. 139. Laws 1995, chapter 220, section 19, subdivision
4, as amended by Laws 1996, chapter 407, section 50, is amended
to read:
Subd. 4. Parks and Trails
(a) METROPOLITAN REGIONAL
PARK SYSTEM 3,950,000
This appropriation is from the trust
fund for payment by the commissioner of
natural resources to the metropolitan
council for subgrants to rehabilitate,
develop, acquire, and retrofit the
metropolitan regional park system
consistent with the metropolitan
council regional recreation open space
capital improvement program and
subgrants for regional trails,
consistent with an updated regional
trail plan. $1,666,000 of this
appropriation is from the trust fund
acceleration.
This appropriation may be used for the
purchase of homes only if the purchases
are expressly included in the work
program approved by the legislative
commission on Minnesota resources.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(b) STATE PARK AND RECREATION AREA
ACQUISITION, DEVELOPMENT, BETTERMENT,
AND REHABILITATION 3,150,000
This appropriation is from the trust
fund to the commissioner of natural
resources as follows: (1) for state
park and recreation area acquisition
$1,070,000, of which up to $670,000 may
be used for state trail acquisition of
a critical nature; (2) for state park
and recreation area development
$680,000; and (3) for betterment and
rehabilitation of state parks and
recreation areas $1,400,000. The use
of the Minnesota conservation corps is
encouraged in the rehabilitation and
development.
$1,384,000 of this appropriation is
from the trust fund acceleration. The
commissioner must submit grant requests
for supplemental funding for federal
ISTEA money in eligible categories and
report the results to the legislative
commission on Minnesota resources.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(c) STATE TRAIL REHABILITATION
AND ACQUISITION 250,000
This appropriation is from the trust
fund to the commissioner of natural
resources for state trail plan
priorities. $94,000 of this
appropriation is from the trust fund
acceleration. The commissioner must
submit grant requests for supplemental
funding for federal ISTEA money and
report the results to the legislative
commission on Minnesota resources.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(d) WATER ACCESS 600,000
This appropriation is from the trust
fund to the commissioner of natural
resources to accelerate public water
access acquisition and development
statewide. Access includes boating
access, fishing piers, and shoreline
access. Up to $100,000 of this
appropriation may be used for a
cooperative project to acquire and
develop land, local park facilities, an
access trail, and a boat access at the
LaRue pit otherwise consistent with the
water access program.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(e) LOCAL GRANTS 1,800,000
This appropriation is from the future
resources fund to the commissioner of
natural resources to provide matching
grants, as follows: (1) $500,000 to
local units of government for local
park and recreation areas; (2) $500,000
to local units of government for
natural and scenic areas pursuant to
Minnesota Statutes, section 85.019; (3)
$400,000 to local units of government
for trail linkages between communities,
trails, and parks; and (4) $400,000 for
a conservation partners program, a
statewide pilot to encourage private
organizations and local governments to
cost share enhancement of fish,
wildlife, and native plant habitats;
and research and surveys of fish and
wildlife, and related education
activities. Conservation partners
grants may be up to $10,000 each and
must be equally matched. In addition
to the required work program, grants
may not be approved until grant
proposals to be funded have been
submitted to the legislative commission
on Minnesota resources and the
commission has either made a
recommendation or allowed 60 days to
pass without making a recommendation.
The above appropriations are available
half for the metropolitan area as
defined in Minnesota Statutes, section
473.121, subdivision 2, and half for
outside of the metropolitan area. For
the purpose of this paragraph, match
includes nonstate contributions either
cash or in-kind.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(f) MINNEAPOLIS PARK AND
TRAIL CONNECTIONS 141,000
This appropriation is from the future
resources fund to the commissioner of
transportation for half of the
nonfederal match of ISTEA projects for
the Minneapolis park and recreation
board to develop park and trail
connections including: Minnehaha park
to Mendota bridge, Stone Arch bridge to
bridge number 9 on West River Parkway,
Boom island to St. Anthony Parkway, and
West River Parkway to Shingle Creek
Parkway. The Minneapolis park and
recreation board must apply for and
receive approval of the federal money
in order to receive this appropriation.
This project must be completed and
final products delivered by December
31, 1997, and the appropriation is
available until that date.
(g) LOCAL SHARE FOR ISTEA
FEDERAL PROJECTS 300,000
This appropriation is from oil
overcharge money to the commissioner of
administration for half of the
nonfederal match of ISTEA projects
for: (1) Chisago county, $150,000 for
a trail between North Branch and Forest
Lake township; and (2) the St. Louis
and Lake counties regional rail
authority, $150,000 for the development
of approximately 40 miles of a
multipurpose recreational trail
system. Chisago county and the St.
Louis and Lake counties regional rail
authority must apply for and receive
approval of the federal money in order
to receive these appropriations.
The project under clause (1) must be
completed and final products delivered
by December 31, 1997, and the
appropriation is available until that
date. The project under clause (2)
must be completed and final products
delivered by December 31, 1999, and the
appropriation is available until that
date.
(h) PINE POINT PARK REST STATION 100,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Washington county to construct a rest
station on the Gateway segment of the
Willard Munger state trail in
compliance with the Americans with
Disabilities Act. This appropriation
must be matched by at least $30,000 of
nonstate money.
(i) INTERACTIVE MULTIMEDIA COMPUTER
INFORMATION SYSTEM 45,000
This appropriation is from the future
resources fund to the commissioner of
trade and economic development, office
of tourism, for an agreement with
Explore Lake County, Inc. to develop a
pilot multimedia interactive computer
information system at the R. J. Houle
visitor information center.
(j) UPPER SIOUX AGENCY STATE PARK 200,000
This appropriation to the commissioner
of natural resources is from the future
resources fund for bathroom and shower
facilities at Upper Sioux Agency State
Park.
(k) GRAIN BELT MISSISSIPPI
RIVERFRONT DEVELOPMENT 500,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for a contract with
the metropolitan council for a subgrant
to the Minneapolis park and recreation
board, which shall cooperate with the
Minneapolis community development
agency to create riverfront
recreational park and marina facilities
through acquisition and development of
Mississippi riverfront property. This
appropriation is contingent on this
facility being designated part of the
metropolitan regional park and open
space system.
(l) WILDCAT REGIONAL PARK 40,000
This appropriation is from the future
resources fund to the commissioner of
natural resources for an agreement with
Houston county to construct an
off-channel boat ramp on the
Mississippi River, and wingwalls to
protect the ramp and existing swimming
beach, and facilities for users of the
ramp.
Sec. 140. Laws 1995, chapter 220, section 19, subdivision
11, is amended to read:
Subd. 11. Energy
(a) INTER-CITY ELECTRIC VEHICLE
TRANSPORTATION DEMONSTRATION 150,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for an agreement with
Minnesota Power and Light Company to
develop and evaluate an electric
vehicle infrastructure with charging
stations for use between Duluth and St.
Paul, including installation of a
charging station at the state of
Minnesota central motor pool location.
This appropriation must be matched by
at least $30,000 of nonstate money.
(b) SUSTAINABLE DEVELOPMENT OF WIND
ENERGY ON FAMILY FARMS 200,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for an agreement with
the sustainable resources center to
provide technical assistance and
technology transfer for the development
of wind energy harvesting.
(c) (b) ONE-MEGAWATT HYBRID ELECTRICAL
GENERATION SIMULATION PROJECT 50,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for an agreement with
Dan Mar & Associates in cooperation
with the agriculture utilization
research institute for a simulation
project using biofuel electrical
generation to firm up wind power to
provide electrical energy on demand.
(d) (c) AVIAN POPULATION ANALYSIS FOR WIND
POWER GENERATION REGIONS 75,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for an agreement with
American Wind Energy Association to
identify and assess significant avian
activity areas within identified wind
farm corridors in Minnesota. This
appropriation must be matched by at
least $75,000 of nonstate money. This
project must be completed and final
products delivered by December 31,
1997, and the appropriation is
available until that date.
(e) (d) ENERGY IMPROVEMENTS IN PUBLIC
ICE ARENAS 470,000
This appropriation is from the oil
overcharge money to the commissioner of
administration for an agreement with
the Center for Energy and Environment
to assess, install, and evaluate energy
and indoor air quality improvements in
at least 25 publicly owned ice arenas
located throughout Minnesota. Projects
receiving funding from this
appropriation must be in compliance
with the indoor ice facilities prime
ice time and gender preference
requirements in Minnesota Statutes,
section 15.98. This appropriation is
for up to 50 percent of the cost of
retrofit activities.
Sec. 141. Laws 1996, chapter 351, section 2, is amended to
read:
Sec. 2. [PLAN RECYCLING GOALS AND ACTIONS.]
(a) By September 1, 1996, an industry group representing
retailers and manufacturers in Minnesota that sell motor oil and
motor oil filters shall submit a list to the commissioner of the
pollution control agency of all existing current sites that
collect used motor oil, used motor oil filters, or both, from
the public, delineating which sites collect for free, that can
be publicly promoted.
(b) By September 1, 1996, an industry group representing
retailers and manufacturers that sell motor oil and motor oil
filters shall submit to the commissioner of the pollution
control agency a plan for a collection and recycling system for
used motor oil and used motor oil filters generated by the
public under which:
(1) at least 90 percent of state residents outside the
seven-county metropolitan area would have access to a free
collection site for used motor oil and used motor oil filters
within 25 miles of their residences;
(2) at least 90 percent of state residents within the
seven-county metropolitan area and state residents of cities
with populations of greater than 2,000 residents would have
access to a free collection site for used motor oil and used
motor oil filters within five miles of their residences; and
(3) at least one free collection site for used motor oil
and used motor oil filters generated by the public would be
located in each county.
(c) The plan required in paragraph (b) must include:
(1) an explanation of the proposed system for collecting
and recycling used motor oil and used motor oil filters;
(2) a clear assignment of responsibility and accountability
for implementation;
(3) a strategy for educating the parties responsible for
implementing the plan;
(4) a strategy for educating the public on how to recycle
used motor oil and used motor oil filters;
(5) a description of government's role, if any; and
(6) recommendations for legislation, if necessary.
(d) The plan must be implemented by June 1, 1997, and the
requirements in paragraph (b), clauses (1) to (3), must be met
by December 31, 1997. The industry group must also submit a
list of sites that collect used motor oil and used motor oil
filters from the public, specifying those sites that collect
used motor oil and used motor filters for free, to the pollution
control agency by December 31, 1997. The agency must be
informed by the industry group when sites begin and cease to
collect, or charge for the collection of, used motor oil and
used motor oil filters from the public, in order to allow the
agency to provide the public with accurate information regarding
collection sites.
(e) The industry group and the agency shall monitor the
effects of the collection system set forth in the plan required
in paragraph (b) to determine whether the requirements in
clauses (1) to (3) of that paragraph have been met. By November
1, 1998, the industry group shall submit information to the
agency on the amount of used oil and the number of used oil
filters collected.
Subdivision 1. (a) The following recycling or reuse goals
shall be considered met if the actions in this subdivision are
initiated by the identified parties on or before September 1,
1997, and are fully completed by December 31, 1998.
Additionally, the goals in paragraph (b) must be met in at least
50 percent of counties by December 31, 1997; 75 percent by June
1, 1998; and 100 percent by December 31, 1998.
(b) Motor oil and motor oil filter manufacturers and
retailers shall ensure that:
(1) at least 90 percent of residents within the
seven-county metropolitan area and residents of a city or town
with a population greater than 1,500 have access to a free
nongovernment collection site for used motor oil and used motor
oil filters within five miles of their residences; and
(2) at least one free nongovernment collection site for
used motor oil and used motor oil filters generated by the
public would be located in each county.
(c) Motor oil and motor oil filter manufacturers and
retailers shall inform the public about environmental problems
associated with improper disposal of used motor oil and used
motor oil filters and proper disposal practices for used motor
oil and used motor oil filters. At a minimum, this shall
include public service announcements designed to reach residents
of the state that generate used motor oil and used motor oil
filters.
(d) The commissioner of the pollution control agency shall,
by December 31, 1997, and at least annually thereafter or more
frequently if deemed necessary, request motor oil and motor oil
filter manufacturers and retailers, persons who haul used motor
oil and used motor oil filters, and nongovernment persons who
accept used motor oil and used motor oil filters from the public
to provide an updated list of all existing sites that collect
used motor oil, used motor oil filters, or both, from the
public, delineating for public promotion which sites collect for
free. The commissioner shall use this information to determine
whether the parties identified in paragraph (b) have met the
goals listed in that paragraph. A collection site operated by
the state or a political subdivision, as defined in Minnesota
Statutes, section 115A.03, subdivision 24, may be counted
towards meeting recycling goals, provided that the parties
responsible for meeting the goals of this subdivision
voluntarily reimburse the state or political subdivision for all
of the costs at that collection site that are associated with
used motor oil and used motor oil filter recycling. Persons who
accept used motor oil and used motor oil filters from the public
shall cooperate with manufacturers and retailers of motor oil
and motor oil filters to inform the agency within ten days of
initiating or ceasing to collect used motor oil or used motor
oil filters from the public. The information shall be provided
in a form and manner prescribed by the commissioner.
(e) Motor oil filter manufacturers shall disclose to
retailers whether lead has been intentionally introduced in
manufacturing, and retailers shall not knowingly sell motor oil
filters containing lead intentionally introduced in
manufacturing.
Subd. 2. The commissioner of the pollution control agency
may appoint an advisory group of diverse interests to assist the
agency with experimentation with various approaches to public
education, financial incentives, waste management, and other
issues that might affect the effectiveness of recycling
efforts. The commissioner may request parties responsible for
meeting the recycling goals in subdivision 1 to voluntarily pay
for some of the experimentation costs. The existence of this
advisory group in no way relieves the parties identified in
subdivision 1 of responsibility for meeting the goals listed in
that subdivision. The commissioner of the pollution control
agency shall appoint an advisory group chair.
(f) Subd. 3. By January 15, 1999, the commissioner of the
pollution control agency shall report to the environment and
natural resources committees of the senate and the house of
representatives on the amount of used motor oil and used motor
oil filters being recycled and whether the requirements goals in
paragraph (b), clauses (1) to (3), subdivision 1 have been met
and recommend whether the mandate for retailers of motor oil and
filters described in Minnesota Statutes, section 325E.112,
subdivision 1, is needed to achieve the recycling goals.
Sec. 142. Laws 1996, chapter 463, section 7, subdivision
24, is amended to read:
Subd. 24. McQuade Public Access 500,000
For acquisition and development of a
public access on Lake Superior in the
city of Duluth, the town of Duluth, and
the town of Lakewood. This
appropriation must be matched by a
total of $350,000 from the iron range
resources and rehabilitation board
and $200,000 of this appropriation is
available without match and the
remaining $300,000 is available to the
extent matched by nonstate sources and
is contingent on sufficient land owned
by the cities and the town, the value
of which may not be applied as part of
the required match, being made
available to complete the project.
Sec. 143. [AGRICULTURAL IMPROVEMENTS; WIND ENERGY
CONVERSION FACILITY PILOT PROGRAM.]
Subdivision 1. [LOANS AUTHORIZED.] The Minnesota rural
finance authority shall establish a pilot program to participate
in loans to an eligible borrower through the agricultural
improvement loan program under Minnesota Statutes, section
41B.043, for wind energy conversion facilities. Except as
specifically provided in subdivision 2, all loans made under
this section must comply with Minnesota Statutes, chapter 41B.
Subd. 2. [LOAN PARTICIPATION; REPAYMENT; LIFETIME LIMIT
EXCLUSION.] Participation by the authority under this section is
limited to a total of $3,000,000. The authority is limited on a
particular loan to 45 percent of the principal amount or
$500,000, whichever is less. A loan must have a term of no more
than 20 years. Loans under this section must not be included in
the lifetime limitation calculated under Minnesota Statutes,
section 41B.03, subdivision 1. A loan origination fee of up to
one-half percent may be charged by the authority.
Subd. 3. [REPORT.] By January 15, 1999, the rural finance
authority must report to the senate committee on agriculture and
rural development, the senate environment and agriculture budget
division, the house committee on agriculture, and the house
committee on environmental finance on the status of loans made
under this pilot program. The report must include
recommendations on whether to make permanent changes to the
agricultural improvement loan program that allow for increased
participation by the state in wind energy conversion facility
loans.
Sec. 144. [DEER WINTER SURVIVAL WORK GROUP.]
The section of wildlife of the department of natural
resources, representatives of the Minnesota Deer Hunters
Association, and representatives of other groups or individuals
interested in deer hunting and deer management in this state
shall meet as a work group to develop recommendations on deer
feeding and other deer management options to provide for
management of deer and deer winter survival in this state.
The work group shall develop a plan for deer management in
winter that provides recommendations on deer management and
feeding needs. The work group shall examine and make reports on
the following:
(1) when and where deer feeding may be appropriate;
(2) appropriate funding mechanisms, criteria, and delivery
systems when feeding is determined to be appropriate;
(3) other winter-related deer management needs and
practices, such as food plots, wintering area identification and
protection, deer yard improvement, browse regeneration,
openings, and other deer foraging areas; and
(4) needs for improving understanding of deer wintering
requirements and management practices. The work group shall
recommend any statutory changes or funding necessary to
accomplish those needs.
The work group shall operate on a consensus basis and shall
report its recommendations back to the house and senate
environment and natural resources committees, the house
environment and natural resources finance committee, and the
senate environment and agriculture budget division by January
15, 1998.
Sec. 145. [ELECTRONIC LICENSING; RETRAINING OF AFFECTED
STATE EMPLOYEES.]
(a) If any employees of the department of natural resources
are affected by the implementation of Minnesota Statutes,
section 84.027, subdivision 15, the commissioner shall meet and
negotiate with the exclusive representatives of the affected
employees. Bargaining under this section must have as its
purpose the achievement of the highest possible degree of public
service delivery to the citizens of Minnesota and the provision
of appropriate incentives to any affected state employees.
Incentives may include, but are not limited to, early retirement
incentives, negotiated options in place of layoffs, job training
and retraining opportunities, and enhanced severance.
(b) The commissioner and the representatives of any
employees affected by the implementation of Minnesota Statutes,
section 84.027, subdivision 15, shall determine the employee
training and retraining required for any employees affected by
Minnesota Statutes, section 84.027, subdivision 15. Employees
whose job duties are affected by Minnesota Statutes, section
84.027, subdivision 15, must be given the opportunity to take
part in training or retraining for new job duties. Employees
affected by Minnesota Statutes, section 84.027, subdivision 15,
must be trained or retrained for agency positions before new
hiring takes place.
Sec. 146. [SALE OF STATE FOREST LAND.]
(a) Notwithstanding Minnesota Statutes, section 89.01,
subdivision 5, the commissioner of natural resources may sell
school trust and acquired state land in the Richard J. Dorer
Memorial Hardwood State Forest described in this section in the
manner for sale of trust fund and acquired lands under Minnesota
Statutes, chapter 92 or 94.
(b) The land that may be sold is described as follows:
(1) Township 110 North, Range 12 West, Section 28, the
Southeast Quarter of the Southwest Quarter containing 40 acres
more or less and the Southwest Quarter of the Southeast Quarter
containing 40 acres more or less, in Wabasha County;
(2) Township 107 North, Range 8 West, Section 16, the
Northeast Quarter of the Southeast Quarter containing 40 acres
more or less, the Southwest Quarter of the Southeast Quarter
containing 40 acres more or less, in Winona County;
(3) Township 106 North, Range 5 West, Section 30, the
Southeast Quarter of the Southeast Quarter containing 40 acres
more or less, in Winona County;
(4) Township 106 North, Range 6 West, Section 36, the
Northeast Quarter of the Southeast Quarter containing 40 acres
more or less, in Winona County; and
(5) Township 104 North, Range 6 West, Section 6, the
Southwest Quarter of the Northwest Quarter containing 38.28
acres more or less, in Houston County.
Sec. 147. [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 92.45, the
commissioner of natural resources may sell the state trust fund
land bordering on public waters described in paragraph (c) in
accordance with the procedures in Minnesota Statutes, chapter 92.
(b) The conveyance shall be in a form approved by the
attorney general.
(c) The land that may be sold is located in Hubbard County
and is described as: that part of the Southeast Quarter of the
Southeast Quarter of Section 8, Township 144 North, Range 32
West, Hubbard County, Minnesota, lying easterly of the Necktie
River and northerly of the centerline of county state-aid
highway No. 16, containing up to 5 acres, more or less.
(d) The sale will result in the elimination of a trespass
situation with the adjacent landowner who built a house on the
property in 1989.
Sec. 148. [SALE OF STATE LAND IN OTTER TAIL COUNTY.]
(a) Notwithstanding the public sale requirements of
Minnesota Statutes, sections 94.09 and 94.10, the commissioner
of natural resources may sell by private sale, for a
consideration not less than its appraised value, the land
described in paragraph (c), under the remaining provisions of
Minnesota Statutes, chapter 94.
(b) The conveyance shall be in a form approved by the
attorney general.
(c) The land that may be sold is located in Otter Tail
County and is described as: all that part of the Southwest
Quarter of the Southeast Quarter of Section 22, Township 137,
Range 42, Otter Tail County, Minnesota described as follows:
beginning at the South Quarter corner of said Section 22; thence
on an assumed bearing of North 0 degrees 31 minutes 36 seconds
East along the west line of said Southwest Quarter of the
Southeast Quarter, a distance of 442.58 feet; thence South 19
degrees 29 minutes 47 seconds East a distance of 108.74 feet;
thence southeasterly on a tangential curve, concave to the
northeast, having a radius of 498.22 feet and a central angle of
69 degrees 43 minutes 29 seconds, for an arc distance of 606.30
feet to the easterly line of a tract of land described in Book
392 of Deeds, page 509, Office of the Otter Tail County
Recorder; thence South 10 degrees 03 minutes 49 seconds West
along said easterly line, a distance of 14.18 feet to the
southeast corner of said tract of land described in Book 392 of
Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds
West along the south line of said Section 22, a distance of
500.80 feet to the point of beginning, containing 1.44 acres
more or less, subject to easements and reservations of public
record, if any. The grantor, for itself, its successors and
assigns, reserves an easement for use and maintenance of the
existing ditch over and across the above described parcel, being
a strip of land 33 feet in width lying 16.5 feet on each side of
the centerline of the existing ditch running in a southwesterly
direction from the township road to the west line of said
Southwest Quarter of the Southeast Quarter.
(d) The commissioner has determined that the land is no
longer useful for any natural resource purpose, or any other
public purpose, and intends to sell this unneeded land to the
adjoining landowner to resolve an inadvertent trespass.
Sec. 149. [SALE OF STATE LAND IN CROW WING COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 92.45, the
commissioner of natural resources may sell acquired state land
bordering public waters described in this section in accordance
with Minnesota Statutes, section 85.015, subdivision 1,
paragraph (b), and chapter 94.
(b) The land that may be sold is located in Crow Wing
County and is described as follows:
(1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa
Addition; and
(2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa
Addition.
Sec. 150. [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES
IN PINE COUNTY.]
(a) Notwithstanding Minnesota Statutes, section 92.45, the
commissioner of natural resources may sell the land described in
paragraph (b) to the city of Willow River in the manner
prescribed by Minnesota Statutes, section 84.027, subdivision
10. The conveyance must provide that the land revert to the
state of Minnesota should the land cease to be retained and
developed as Stanton Lake Park for public use.
(b) The land that may be sold is located in Pine county and
described as:
All that part of the following described tract: that part
of the Northeast Quarter of the Southwest Quarter of Section 2,
Township 44 North, Range 20 West, of the Fourth Principal
Meridian, situated in Pine County, described as follows:
beginning at a point on the east and west one quarter line of
Section 2 at the intersection with the easterly right-of-way
line of U.S. Highway No. 61; thence in a southerly direction
along said easterly right-of-way line of U.S. Highway No. 61 a
distance of 695 feet; thence in a northeasterly direction at an
angle of 60 degrees with the U.S. Highway No. 61 right-of-way
line for a distance of 410 feet to a point on the lake bank;
thence in a northeasterly direction at an angle of 153 degrees
35 minutes with the preceding line to the intersection with the
east and west one quarter line of Section 2, thence in a
westerly direction along said east and west one quarter line of
Section 2 to point of beginning, containing 5.81 acres, more or
less.
(c) This property was purchased for development of the
Stanton Lake dam. The state, its agents, and servants shall
retain ownership of the dam and retain perpetual access to the
dam via the existing road for the purposes of inspection,
maintenance, repair, or reconstruction. The state shall not be
held liable to make any immediate repairs on the dam. Such work
shall be based on availability of dam maintenance funds. The
land in this section is not needed for resource management and
has been declared surplus. It best serves the public interest
if this property is sold and proceeds used for acquisition of
other land.
Sec. 151. [HORSESHOE BAY LEASES.]
Subdivision 1. [DEFINITIONS.] (a) "Lessee" means a lessee
of lands leased under Minnesota Statutes, section 92.46, that
are located in Section 16, Township 62 North, Range 4 East, Cook
County, of record with the commissioner of natural resources as
of May 14, 1993.
(b) "New lease" means a lease issued after the effective
date of this act under the terms and conditions specified in
Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3,
except that the lease may be for a life term and is not
assignable or transferable and may not be amended to include
additional lessees.
Subd. 2. [OPTIONS FOR LESSEES.] (a) If requested in
writing by a lessee before January 1, 1998, the commissioner
shall, at the lessee's option:
(1) pay to the lessee the appraised value of the lessee's
improvements on the land and terminate the existing lease as of
the date of payment for improvements; or
(2) issue a new lease for the life of the lessee that
provides that when the lease term expires, the commissioner
shall pay to the lessee or a beneficiary that must be designated
in writing by the lessee the appraised value of the lessee's
improvements on the land. A lessee who elects this option may
elect to terminate the lease at any time during the term of the
lease in exchange for payment by the commissioner for the
appraised value of the lessee's improvements on the land.
(b) If the commissioner has not received written notice of
a lessee's election by January 1, 1998, the commissioner may
proceed under paragraph (a), clause (1).
(c) After the effective date of this section, no lessee
under paragraph (a), clause (2), shall construct or remodel,
other than necessary for maintenance and upkeep, a cabin or
other structure during the lease.
(d) The commissioner may use money appropriated from the
land acquisition account under Minnesota Statutes, section
94.165, for payments under paragraph (a).
(e) Notwithstanding Minnesota Statutes, section 92.46,
subdivision 1a, the commissioner may elect whether to amend the
leases in paragraph (a) to expand lot size to conform with
current shoreline standards.
Sec. 152. [PRIVATE SALE OF STATE LAND IN CLEARWATER
COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45;
97A.135, subdivision 2a; and 282.01, subdivision 2; and the
public sale provisions of Minnesota Statutes, chapter 94, the
commissioner of natural resources may sell the land described in
paragraph (c) to the adjoining landowner for $1,000.
(b) The conveyance must be in a form approved by the
attorney general and must provide that:
(1) the land may not be sold for commercial use or be
developed into more than a two-family residence; and
(2) placement or construction of additional buildings or
structures on the land, including corrals and animal shelters or
pens, is prohibited.
(c) The land that may be sold is located in Clearwater
county and is described as follows:
That part of Government Lot 6, Section 18, Township 143
North, Range 37 West, Clearwater County, Minnesota, described as
follows:
Beginning at the northeast corner of Lot 1 Block 1 of
HIGHLAND VIEW, on file and of record in the office of the County
Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped
MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line
of said Lot 1 bears, assumed bearing, North 88 degrees 57
minutes 39 seconds West; thence North 80 degrees 50 minutes 33
seconds West 275.16 feet to a DNR MON; thence North 85 degrees
25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South
50 degrees 06 minutes 54 seconds West 68.17 feet to the north
line of said Lot 1 and a DNR MON; thence South 88 degrees 57
minutes 39 seconds East along the north line of said Lot 1 a
distance of 417.62 feet to the point of beginning, containing
0.23 acres.
(d) The sale authorized by this section would resolve an
inadvertent trespass consisting of the encroachment of a private
dwelling on state land.
(e) The sale authorized by this section is subject to the
following additional conditions:
(1) the costs of construction and maintenance of a boundary
fence are the sole responsibility of the purchaser; and
(2) the adjoining landowner shall reimburse the department
of natural resources for the cost of surveying the land and for
time spent by department staff relating to this land trespass
matter.
Sec. 153. [LOAN FORGIVENESS.]
The outstanding balance of the loan to the city of Fridley
for reconstruction of the Locke Lake dam, that was appropriated
in Laws 1991, chapter 254, article 1, section 5, subdivision 3,
is canceled and forgiven.
Sec. 154. [PROTECTION OF OLD GROWTH FOREST AREA.]
The commissioner of natural resources shall negotiate with
the city of Duluth, the Duluth Airport Authority, and other
federal, state, and local parties to identify and delineate the
land subject to the 1939 conveyance on Minnesota Point and
develop a management plan that will provide a level of
protection sufficient to ensure the continued ecological
integrity of the area and to prohibit further cutting of the old
growth forest area.
Sec. 155. [REPORT BY OFFICE OF ENVIRONMENTAL ASSISTANCE.]
By January 20, 1998, the office of environmental assistance
shall report to the senate and house of representatives
environment and natural resources committees on its
comprehensive review of the Waste Management Act and make
recommendations for any changes in the law. The report shall
address options to improve waste reduction and recycling
programs and the integrated waste management system, including
whether additional product labeling should be required for
products sold in Minnesota which require special disposal
practices. The report must include a recommendation concerning
whether consumer education efforts can improve disposal
practices and waste reduction efforts. The report must discuss
the extent to which current authority under Minnesota Statutes,
sections 115A.952 and 115A.956, can accomplish the objectives of
Minnesota Statutes 1996, section 115A.9523.
Sec. 156. [JOINT DITCH NO. 1, CHISAGO AND WASHINGTON
COUNTIES.]
Notwithstanding Minnesota Statutes, section 103E.811, the
counties of Chisago and Washington may, after making a
determination that joint ditch no. 1 is not of public benefit
and utility, order its abandonment.
Sec. 157. [LANDFILL CLEANUP PROGRAM ELIGIBILITY STUDY.]
By January 15, 1998, the commissioner of the pollution
control agency shall report to the senate environment and
agriculture budget division and the house environment and
natural resources finance committee regarding the estimated
impact of including permitted mixed municipal solid waste
landfills in this state that are open for the period between
April 9, 1994, and January 15, 1998, in the landfill cleanup
program after the landfills close.
The report must include:
(1) information on past settlements by public entities that
may be included with an expansion of the program;
(2) an estimate of the environmental response costs at the
permitted landfills that would become eligible to participate;
(3) a discussion of the amount necessary to pay for
reimbursement for persons who have paid for cleanup at these
added sites; and
(4) an analysis and recommendation of funding sources to
pay for the additional costs due to expansion of the program.
Sec. 158. [YEAR 2000 READY.]
Any computer software or hardware that is purchased with
money appropriated in this bill must be year 2000 ready.
Sec. 159. [REPORT TO LEGISLATURE; HYDROGEN SULFIDE
VIOLATIONS.]
The commissioner of the pollution control agency shall
report on the agency's efforts to resolve the hydrogen sulfide
violations of ambient air quality standards related to feedlots
by February 1, 1998, to the agriculture and environment and
natural resources committees of the house and the agriculture
and rural development and environment and natural resources
committees of the senate. The report must specify actions taken
in terms of response to complaints from citizens, emissions
monitoring, compliance actions taken, including penalties, and
equipment purchased.
Sec. 160. [REPEALER.]
(a) Minnesota Statutes 1996, sections 25.34; 115A.908,
subdivision 3; 115A.9523; 115B.223; 115B.224; 116.991; 116.992;
and 296.02, subdivision 7a, are repealed.
(b) Laws 1995, chapter 77, section 3, is repealed effective
the day after final enactment.
(c) Laws 1995, chapter 220, section 21, is repealed.
Sec. 161. [EFFECTIVE DATE.]
Sections 72, 130 to 134, 141, and 146 to 152 are effective
the day following final enactment.
Sections 24, 83, 89, and 90 are effective March 1, 1998.
Presented to the governor May 27, 1997
Signed by the governor May 30, 1997, 1:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes