The House of Representatives convened at 9:30 a.m. and was called to order by Phil Carruthers, Speaker of the House.
Prayer was offered by Representative Gary Kubly, District 15B, Granite Falls, Minnesota.
The roll was called and the following members were present:
| Abrams | Erhardt | Juhnke | Mahon | Paulsen | Sviggum |
| Anderson, B. | Evans | Kahn | Mares | Pawlenty | Swenson, D. |
| Anderson, I. | Farrell | Kalis | Mariani | Paymar | Swenson, H. |
| Bakk | Finseth | Kelso | Marko | Pelowski | Sykora |
| Bettermann | Folliard | Kielkucki | McCollum | Peterson | Tingelstad |
| Biernat | Garcia | Kinkel | McElroy | Pugh | Tomassoni |
| Bishop | Goodno | Knight | McGuire | Rest | Tompkins |
| Boudreau | Greenfield | Knoblach | Milbert | Rhodes | Trimble |
| Bradley | Greiling | Koppendrayer | Molnau | Rifenberg | Tuma |
| Broecker | Gunther | Koskinen | Mulder | Rostberg | Tunheim |
| Carlson | Haas | Kraus | Mullery | Rukavina | Van Dellen |
| Chaudhary | Harder | Krinkie | Munger | Schumacher | Vickerman |
| Clark | Hasskamp | Kubly | Murphy | Seagren | Wagenius |
| Commers | Hausman | Kuisle | Ness | Seifert | Weaver |
| Daggett | Hilty | Larsen | Nornes | Sekhon | Wejcman |
| Davids | Holsten | Leighton | Olson, E. | Skare | Wenzel |
| Dawkins | Huntley | Leppik | Olson, M. | Skoglund | Westfall |
| Dehler | Jaros | Lieder | Opatz | Slawik | Westrom |
| Delmont | Jefferson | Lindner | Orfield | Smith | Winter |
| Dempsey | Jennings | Long | Osskopp | Solberg | Wolf |
| Dorn | Johnson, A. | Luther | Osthoff | Stanek | Workman |
| Entenza | Johnson, R. | Macklin | Ozment | Stang | Spk. Carruthers |
A quorum was present.
Reuter was excused.
Otremba was excused until 12:25 p.m.
The Chief Clerk proceeded to read the Journal of the preceding day. Dempsey moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
S. F. No. 740 and H. F. No. 2193, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Clark moved that the rules be so far suspended that S. F. No. 740 be substituted for H. F. No. 2193 and that the House File be indefinitely postponed. The motion prevailed.
S. F. No. 1486 and H. F. No. 1727, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.
Kahn moved that the rules be so far suspended that S. F. No. 1486 be substituted for H. F. No. 1727 and that the House File be indefinitely postponed. The motion prevailed.
S. F. Nos. 740 and 1486 were read for the second time.
The following House Files were introduced:
Carlson, Folliard, Biernat, Seagren and Greiling introduced:
H. F. No. 2230, A bill for an act relating to education and public administration; amending metropolitan magnet school grant provisions; authorizing spending to acquire and to better public land and buildings and other public improvements of a capital nature with certain conditions; authorizing issuance of bonds; appropriating money; amending Minnesota Statutes 1996, section 124C.498, subdivisions 2 and 3.
The bill was read for the first time and referred to the Committee on Education.
Tuma, Paymar, Ozment, McCollum and Munger introduced:
H. F. No. 2231, A bill for an act relating to natural resources; prohibiting use of motorboats on certain waters in the boundary waters canoe area wilderness; providing a civil penalty; amending Minnesota Statutes 1996, section 97A.225, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 84.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Wejcman, Leighton, Clark, Hilty and Rukavina introduced:
H. F. No. 2232, A bill for an act relating to health; changing the membership of regional coordinating boards; establishing
the Minnesota universal health board; creating the Minnesota universal health program; establishing the Minnesota health
care trust fund; establishing statewide and regional health care budgets; abolishing the Minnesota health care commission;
appropriating money; amending Minnesota Statutes 1996, section 62J.09, by adding subdivisions; proposing coding for new
law in Minnesota Statutes, chapter 62J; proposing coding for new law as Minnesota Statutes, chapter 62K; repealing
Minnesota Statutes 1996, sections 62J.05; 62J.09, subdivisions 2 and 8; and 62J.212.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Pugh introduced:
H. F. No. 2233, A bill for an act relating to human services; establishing payments for post-kidney transplant maintenance
drugs; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Tomassoni, Jefferson, Rukavina, Larsen and Bishop introduced:
H. F. No. 2234, A bill for an act relating to highways; designating the Rudy Perpich Memorial Highway; appropriating
money; amending Minnesota Statutes 1996, section 161.14, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Jennings, Delmont, Wolf and Koppendrayer introduced:
H. F. No. 2235, A bill for an act relating to electric utilities; exempting certain personal property from taxation;
establishing a social responsibility surcharge; amending Minnesota Statutes 1996, sections 124.2131, subdivision 1; 272.02,
subdivision 1, and by adding a subdivision; and 273.13, subdivision 31, and by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 216B; repealing Minnesota Statutes 1996, section 273.41.
The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.
Wolf, Munger and Dempsey introduced:
H. F. No. 2236, A bill for an act relating to capital improvements; appropriating money for a water supply system to
benefit the region in and around the city of Savage.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
Tingelstad, Clark, Greiling, Carlson and Goodno introduced:
H. F. No. 2237, A bill for an act relating to health insurance; requiring coverage for the diagnosis and treatment of
infertility; proposing coding for new law in Minnesota Statutes, chapter 62A.
The bill was read for the first time and referred to the Committee on Health and Human Services.
Jennings, Greiling, Ozment, Hausman and Hilty introduced:
H. F. No. 2238, A bill for an act relating to electric utilities; encouraging and supporting programs for renewable energy
sources, universal electric service, affordable electric service, and energy conservation and efficiency, and for other purposes;
establishing Minnesota electric system public benefits fund; authorizing wires charges; providing for rules, standards, and
procedures; authorizing civil penalties; proposing coding for new law as Minnesota Statutes, chapter 216E.
The bill was read for the first time and referred to the Committee on Regulated Industries and Energy.
Jennings, Davids and McGuire introduced:
H. F. No. 2239, A bill for an act relating to insurance; no-fault auto; limiting recovery by uninsured motorists; proposing
coding for new law in Minnesota Statutes, chapter 65B.
The bill was read for the first time and referred to the Committee on Financial Institutions and Insurance.
Huntley and Jaros introduced:
H. F. No. 2240, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the state's
share of the cost of the new Poe Lock at Sault Ste. Marie Narrows.
The bill was read for the first time and referred to the Committee on Transportation and Transit.
Huntley introduced:
H. F. No. 2241, A bill for an act relating to natural resources; modifying snowmobile registration provisions; requiring
snowmobile state trail permit; modifying disposition of snowmobile trails and enforcement account; requiring snowmobile
liability insurance; requiring snowmobile safety training; establishing night speed limit for snowmobiles; providing for
enhancement of snowmobile trail posting; requiring snowmobile information on driver's license and ID cards; modifying
the amount of fuel tax attributable to snowmobile use; providing definitions; appropriating money; amending Minnesota
Statutes 1996, sections 84.82, subdivisions 2 and 3; 84.83, subdivision 3; 84.86, subdivision 1; 84.87, subdivision 2;
84.873; 171.07, by adding a subdivision; 296.16, subdivision 1; and 609.487, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapters 84; and 85.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources.
The following House Advisories were introduced:
Carruthers, Kinkel, Trimble, Jaros and Clark introduced:
H. A. No. 5, A proposal to study government structure.
The advisory was referred to the Committee on Governmental Operations.
Ness, Carlson, Koppendrayer, Dawkins and Leighton introduced:
H. A. No. 6, A proposal to study school-to-work programs.
The advisory was referred to the Committee on Education.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 309.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said
Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
A bill for an act relating to state lands; authorizing the conveyance of tax-forfeited land bordering on public waters to the
city of Mankato for no consideration; authorizing sale of certain tax-forfeited lands that border public water or natural
wetlands in Cass county; authorizing public sale of certain tax-forfeited land that borders public water in Crow Wing county;
authorizing public sale of certain tax-forfeited land that borders public water in Becker county; authorizing public sale of
certain tax-forfeited land that borders public water in Aitkin county; authorizing sale of certain tax-forfeited land that borders
public water in Mille Lacs county; authorizing sales of certain tax-forfeited lands bordering public waters in Cook county;
authorizing the transfers of tax-forfeited lands in Washington county; authorizing the private sale of tax-forfeited land in
Carlton county; authorizing private sale of certain state lands to wild rice lessees.
May 15, 1997
The Honorable Allan H. Spear
President of the Senate
The Honorable Phil Carruthers
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 309, report that we have agreed upon the items in dispute and recommend
as follows:
That the House recede from its amendments and that S. F. No. 309 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. [CONVEYANCE OF TAX-FORFEITED LAND BORDERING ON PUBLIC WATERS; BLUE EARTH
COUNTY.]
(a) Notwithstanding Minnesota Statutes, chapter 282, and section 92.45, Blue Earth county may convey to the city
of Mankato for no consideration the tax-forfeited land bordering on public waters that is described in paragraph (c).
(b) The conveyance must be in a form approved by the attorney general and provide that the land reverts to the state
if the city stops using the land for public purposes.
(c) The land that may be conveyed is located in Blue Earth county and is described as:
That part of Government Lot 4 in Section 7, Township 108 North, Range 26 West, Blue Earth county, Minnesota,
being bounded by the following described lines:
On the North by the south line of a plat entitled Mankato City and its westerly extension; on the South by the north
line of a plat entitled City of Mankato; on the East by the westerly right-of-way line of the abandoned Union Pacific
Railroad Company; and on the West by the Minnesota River.
Containing 2.84 acres, more or less.
(d) The county has determined that it is in the public's best interest to convey the parcel to the city of Mankato for use
in connection with the North Minnesota River Trail.
Sec. 2. [SALE OF TAX-FORFEITED LAND BORDERING ON PUBLIC WATER OR INCLUDING WETLANDS;
CASS COUNTY.]
Subdivision 1. [SALE REQUIREMENTS.] (a) Notwithstanding Minnesota Statutes, sections 92.45,
103F.535, and 282.018, subdivision 1, Cass county may sell the tax-forfeited lands bordering public water or natural
wetlands that are described in subdivision 2, under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyances must be in a form approved by the attorney general.
Subd. 2. [DESCRIPTIONS.] The parcels of land that may be conveyed are described in paragraphs (a) and
(b).
(a) The lands described in clauses (1) and (2) must be sold under the alternate sale provisions in Minnesota Statutes,
section 282.01, subdivision 7a, with a nonseverability clause in the conveyance document:
(1) that part of Lot 13 Lying South of the North line of 139-26, Sabin's Northburn Acres, Crooked Lake Township
(PIN 12-371-0130); and
(2) Government Lot 1, Section 7-137-29, Wilson Township (PIN 50-007-2201).
(b) The lands described in clauses (1) to (4) must be sold as provided in subdivision 1:
(1) Outlot C, First Addition to Village of East Gull Lake Section 17-134-29 (PIN 87-369-0141);
(2) Lot 3 Wedgewoods, Section 13-141-28, Kego Township (PIN 19-379-0030);
(3) Lots 4 & 5, Block 12, Forbes Addition to Pine River, Section 31-138-29 (PIN 94-349-1260); and
(4) Lot 6, Block 2, Riverside, Section 6-137-29, Wilson Township (PIN 50-358-0230).
(c) The county has determined that the county's land management interests would best be served if the lands were
returned to private ownership.
Sec. 3. [SALE OF TAX-FORFEITED LAND; CROW WING COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Crow Wing county may sell the
tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general.
(c) The land that may be conveyed is located in Crow Wing county and is described as:
(1) Central Addition No. 2 to Crosby, Lot 1, Block 3;
(2) East 100 feet of West 1000 feet of Government Lot 4, Section 6, Township 136 North, Range 26 West; and
(3) Seventeenth Addition to Breezy Point Estates to the City of Breezy Point, Lot 98.
(d) The county has determined that the county's land management interests would best be served if the lands were
returned to private ownership.
Sec. 4. [SALE OF TAX-FORFEITED LAND; BECKER COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Becker county may sell the
tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general.
(c) The land to be conveyed is located in Becker county and is described as:
(1) That part of Government Lot 5 of Section 14, Township 138 North, Range 43 West, described as follows:
Commencing at a cast iron monument which designates the northwest corner of said Government Lot 5; thence South
04 degrees 17 minutes 38 seconds East 1786.20 feet on an assumed bearing along the west line of said Section 14 to the
point of beginning; thence continuing South 04 degrees 17 minutes 38 seconds East 220.00 feet along the west line of said
Section 14; thence South 68 degrees 32 minutes 38 seconds East 100 feet, more or less, to the water's edge of Big Cormorant
Lake; thence northerly along the water's edge of said Big Cormorant Lake to the intersection with a line which bears South
68 degrees 32 minutes 38 seconds East from the point of beginning; thence North 68 degrees 32 minutes 38 seconds West
25 feet, more or less, to an iron monument; thence continuing North 68 degrees 32 minutes 38 seconds West 61.91 feet to
an iron monument; thence continuing North 68 degrees 32 minutes 38 seconds West 86.02 feet to an iron monument; thence
continuing North 68 degrees 32 minutes 38 seconds West 8.78 feet to the point of beginning;
(2) A Twelve Hundredths (0.12) acre lakeshore tract of land in Government Lot One of Section 34, Township 138
North, Range 43 West described as follows: Beginning at a point that bears South 50 degrees 7 minutes West 536.5 feet
and South 62 degrees 36 minutes West 102 feet from the Northeast corner (Meander Corner #45) of the said Government
Lot One; thence running South 62 degrees 36 minutes West 51.0 feet; thence North 37 degrees 58 minutes West 106.4 feet
to an iron stake on the shore line of Lake Ida; thence North 62 degrees 36 minutes East 50.0 feet along the shore line of Lake
Ida; thence South 38 degrees 30 minutes East 106.6 feet to the point of beginning and there terminating;
(3) Government Lot 5, Section 34, Township 139 North, Range 43 West;
(4) Lot 16 and Lot 17, Block 4, Bijou Heights, Section 29 and 30, Township 139 North, Range 43 West;
(5) That part of Government Lot 6 of Section 6, Township 138 North, Range 42 West described as follows:
Commencing at an iron monument which designates the south quarter corner of said Section 6; thence South 88 degrees 37
minutes 43 seconds West 237.00 feet on an assumed bearing along the south line of said Section 6; thence North 01 degree
36 minutes 59 seconds West 145.37 feet parallel with the north-south quarter line of said Section 6 to the northerly right
of way line of County State Aid Highway No. 6, said point is the point of beginning: thence continuing North 01 degree 36
minutes 59 seconds West parallel with said north-south quarter line to the intersection with the southerly line of Outlot C
or its easterly extension, said Outlot C is a part of the plat of SUMMER ISLAND which is on file and of record in the office
of the Recorder of said county; thence westerly 580 feet, more or less, along the easterly extension of the southerly line and
along the southerly line of said Outlot C to the southwesterly corner of said Outlot C; thence southerly along the easterly line
of said Outlot C; thence southerly along the easterly line of a Dedicated Public Road according to said SUMMER ISLAND
to the northerly right of way line of said County State Aid Highway No. 6, thence easterly 580 feet more or less, along the
northerly right of way line of said County State Aid Highway No. 6 to the point of beginning;
(6) All of the Northwest 1/4 of the Southeast 1/4 lying East of Creek, Section 26, Township 138 North, Range 42
West;
(7) Lot 11, Black Hawk Mountain Beach, Section 6, Township 138 North, Range 42 West;
(8) Lot 26, Block 1, Lakeland Estates, Section 4, Township 138 North, Range 42 West; and
(9) Lot 4 and 5, Palin Beach, Section 30, Township 138 North, Range 42 West.
(d) The county has determined that the county's land management interests would best be served if the lands were
returned to private ownership.
Sec. 5. [SALE OF TAX-FORFEITED LAND; AITKIN COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Aitkin county may sell the
tax-forfeited land bordering public water that is described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general.
(c) The land to be conveyed is located in Aitkin county and is described as:
(1) Lots 4 and 5, Block 1, Plat of Blackrock Woods, City of Aitkin; and
(2) Undivided 1/35 interest in Lot 5, Plat of Bakke's Woodland Beach, Township 44 North, Range 25 West, Section
29.
(d) The county has determined that the county's land management interests would best be served if the lands were
returned to private ownership.
Sec. 6. [SALE OF TAX-FORFEITED LAND; MILLE LACS COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions
of Minnesota Statutes, chapter 282, Mille Lacs county may sell the tax-forfeited land bordering public water that is described
in paragraph (c) to adjacent land owners, under the alternate sale provisions of Minnesota Statutes, section 282.01,
subdivision 7a.
(b) The conveyance must be in a form approved by the attorney general, and sold only to an adjacent landowner. The
conveyance document must include a nonseverability clause.
(c) The land to be conveyed is located in Mille Lacs county, consists of about .29 acres, and is described as:
Government Lot No. 2, Section 2, Township 42 North, Range 27 West.
(d) The county has determined that the county's land management interests would best be served if the lands were
returned to private ownership.
Sec. 7. [PRIVATE SALE OF TAX-FORFEITED LAND; CARLTON COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions
of Minnesota Statutes, chapter 282, Carlton county may sell by private sale the tax-forfeited land described in paragraph (d)
under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The land described in paragraph (d) may be sold by private sale. The consideration for the conveyance must
include the taxes due on the property and any penalties, interest, and costs. If the lands are sold, the conveyance must reserve
to the state a conservation easement, in a form prescribed by the commissioner of natural resources, for the land within 100
feet of the ordinary high water level of Slaughterhouse creek for public angler access and stream habitat protection and
enhancement.
(c) The conveyance must be in a form approved by the attorney general.
(d) The land to be conveyed is located in Carlton county and is described as:
North 6.66 acres of the West Half of the Northeast Quarter of the Southwest Quarter, subject to pipeline easement,
Section 6, Township 48 North, Range 16 West, City of Carlton.
(e) Carlton county has determined that this sale best serves the land management interests of Carlton county.
Sec. 8. [TRANSFER OF TAX-FORFEITED LAND BORDERING PUBLIC WATER; WASHINGTON COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Washington county shall transfer
the tax-forfeited land bordering public water that is described in paragraph (c) to the city of Oakdale, under the remaining
provisions of Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general and provide that the land reverts to the state
if the city of Oakdale stops using the land for a public purpose.
(c) The land to be conveyed is located in Washington county and is described as follows: Outlot A, Oakpond Terrace,
Washington county, Minnesota.
(d) Washington county has determined that the land is needed by the city of Oakdale for public purposes.
(e) Development of this parcel is limited to the north 230 feet of Outlot A.
Sec. 9. [CONVEYANCE OF TAX-FORFEITED LANDS; WASHINGTON COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45; 103F.535; and 282.018, subdivision 1, paragraph (a), and
the public sale provisions of Minnesota Statutes, chapter 282, Washington county may convey to the city of Hugo, without
consideration, the lands bordering public waters that are described in paragraph (c) under the remaining provisions of
Minnesota Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general and provide that the land reverts to the state
if the city of Hugo stops using the land for public purposes.
(c) The lands that may be conveyed are located in Washington county, are designated by Washington county parcel
number 93030-2250, and are described as follows:
The West One-Half (W 1/2) of the Northeast Quarter (NE 1/4) of Section 30, Township 31 North, Range 21 West,
City of Hugo, Washington County, Minnesota.
(d) The county has determined that the county's land management interests would best be served if the lands described
in paragraph (c) were transferred to the city of Hugo to allow improvements to Clearwater Creek, to make more effective
use of storage available on existing wetlands, to create several regional ponding areas, to reserve areas for future recreational
uses including, but not limited to, nature parks and walking trails, and to allow extension of various city streets.
Sec. 10. [PRIVATE SALE OF TAX-FORFEITED LAND BORDERING ON PUBLIC WATERS; COOK COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, and the public sale provisions
of Minnesota Statutes, chapter 282, Cook county may sell by private sale the tax-forfeited lands bordering public waters that
are described in paragraph (c), under the remaining provisions of Minnesota Statutes, chapter 282.
(b) The conveyances must be in a form approved by the attorney general.
(c) The parcels of land that may be conveyed are located in Cook county and are described as:
(1) an undivided 1/3 interest in Government Lot 5, Section 28, Township 63 North, Range 1 East, containing
approximately 14.08 acres; and
(2) an undivided 1/4 interest in the South one-half of the SW 1/4, the NW 1/4 of the SW 1/4, and Government Lot
4, Section 23, Township 63 North, Range 4 East.
(d) The county has determined that the county's land management interests would best be served if the lands were
returned to private ownership.
Sec. 11. [PUBLIC SALE OF TAX-FORFEITED LAND BORDERING ON PUBLIC WATERS; COOK COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, Cook county may sell the
tax-forfeited lands bordering public waters that are described in paragraph (c), under the remaining provisions of Minnesota
Statutes, chapter 282.
(b) The conveyance must be in a form approved by the attorney general.
(c) The parcel of land that may be conveyed is located in Cook county and is described as:
Part of Lot 2 and part of the NE 1/4 of SE 1/4, Section 22, Township 63 North, Range 3 East, containing
approximately 65 acres.
(d) The county has determined that the county's land management interests would best be served if the lands were
returned to private ownership.
Sec. 12. [SALE OF STATE LANDS TO WILD RICE LESSEES.]
(a) Notwithstanding Minnesota Statutes, sections 84A.56, 89.021, 89.27, and 92.45, and the public sale provisions
of Minnesota Statutes, sections 94.10, 282.14, and 282.221, the commissioner of natural resources may sell by private sale
to the wild rice lessees under leases authorized in Minnesota Statutes, section 92.501, the acquired, consolidated
conservation and Volstead area lands described in paragraph (b) under the remaining sale provisions in Minnesota Statutes,
sections 94.10 and 282.14 to 282.226. The affected counties must approve the sales of the consolidated conservation and
Volstead area lands described in paragraph (b).
(b) The land that may be sold is described as:
(1) The Southeast Quarter of Section 10; that part of the West Half of the Southwest Quarter of Section 11 lying
westerly of the west bank of the Tamarac River; the Southeast Quarter of the Northwest Quarter and that part of the
Northeast Quarter lying westerly of the west bank of the Tamarac River of Section 15; the Northwest Quarter of the
Northwest Quarter and the West 160 feet of the Northeast Quarter of the Northwest Quarter of Section 16, Township 154
North, Range 30 West, Beltrami county, Minnesota;
(2) The Northwest Quarter of the Southwest Quarter, Section 11, Township 152 North, Range 32 West, Beltrami
county, Minnesota;
(3) The North Half of the Southwest Quarter, the North Half of the Southwest Quarter of the Southwest Quarter, and
the North Half of the Northwest Quarter of the Southeast Quarter of Section 14, Township 152 North, Range 32 West; the
Northeast Quarter of the Southwest Quarter of Section 19, Township 155 North, Range 31 West; and Government Lot 1,
the East 330 feet of Government Lot 2, and the North 330 feet of Government Lot 6, Section 25, Township 155 North,
Range 32 West, Beltrami county, Minnesota;
(4) The South 330 feet of Government Lot 4 and the south 330 feet of the Southeast Quarter of the Southwest Quarter
of Section 18; Government Lots 1, 2, 3 and 4, the East Half of the Northwest Quarter, the East Half of the Southwest Quarter,
the Southwest Quarter of the Southeast Quarter, the West 200 feet of the Southeast Quarter of the Southeast Quarter; and
the West 900 feet of the South 700 feet of the Northwest Quarter of the Southeast Quarter of Section 19; and the North Half
of the Northeast Quarter of Section 30, Township 154 North, Range 29 West, Koochiching county, Minnesota;
(5) The Northwest Quarter of the Northeast Quarter and the North 330 feet of the Southwest Quarter of the Northeast
Quarter of Section 22, Township 150 North, Range 39 West, Polk county, Minnesota;
(6) The Southeast Quarter of the Northwest Quarter; that part of the Southwest Quarter of the Northwest Quarter lying
east of County Road No. 24; that part of the Northwest Quarter of the Northwest Quarter lying south of the south bank of
State Ditch No. 63 and east of County Road No. 24; and that part of the North Half of the Northeast Quarter and the
Northeast Quarter of the Northwest Quarter lying south of the south bank of State Ditch No. 63; all in Section 27, Township
48 North, Range 27 West, Aitkin county, Minnesota;
(7) The Northeast Quarter of Section 35, Township 48 North, Range 27 West, Aitkin county, Minnesota;
(8) The Northwest Quarter of the Northeast Quarter of Section 8, Township 48 North, Range 26 West, Aitkin county,
Minnesota;
(9) The West Half of the Northeast Quarter, the Southeast Quarter of the Northeast Quarter, and the South 660 feet
of the Northeast Quarter of the Northeast Quarter of Section 10; and the West 330 feet of the Southwest Quarter of the
Northwest Quarter of Section 11; Township 154 North, Range 30 West, Beltrami county, Minnesota;
(10) The South 660 feet of the Northwest Quarter of the Northwest Quarter, the South 660 feet of the West 660 feet
of the Northeast Quarter of the Northwest Quarter, the North 660 feet of the West 660 feet of the Southeast Quarter of the
Northwest Quarter, and the South Half of the Northeast Quarter of the Southwest Quarter of Section 21, Township 154
North, Range 30 West, Beltrami county, Minnesota; and
(11) The Northeast Quarter of the Northwest Quarter, Section 11, Township 153 North, Range 31 West, Beltrami
county, Minnesota.
(c) The conveyances shall be in a form approved by the attorney general. In determining the value of the described
lands, no improvements paid for by the lessee shall be added to the value of the land. The purchaser of the land described
in paragraph (b), clause (5), may not alter the existing groundwater hydrology, and may alter the surface water hydrology
from the current operation only with the approval of the commissioner.
Sec. 13. [PRIVATE SALE OF STATE LAND; HOUSTON COUNTY.]
(a) Notwithstanding Minnesota Statutes, sections 94.09 and 94.10, the commissioner of natural resources may convey
by private sale the surplus state land described in paragraph (c).
(b) The land described in paragraph (c) may be sold by private sale. The conveyance must be in a form approved
by the attorney general.
(c) The land to be conveyed is located in Houston county, consists of about .14 acre, and is described as:
All that part of the CMC Real Estate Corporation's (the former Chicago, Milwaukee, St. Paul and Pacific Railroad
Company) real property in Government Lot 2, Section 25, Township 102 North, Range 4 West, Houston county, Minnesota,
lying northwesterly of a line parallel with and 50 feet perpendicularly distant northwesterly of the center line of the Soo Line
Railroad Company's main track, and being a strip of land 40 feet in width, lying northerly of, adjacent and contiguous to the
following described line:
Commencing at the southwest corner of said Government Lot 2 from which the northwest corner of said Government
Lot 2 bears North 01 degree 37 minutes 43 seconds East, bearing based on the Houston County Coordinate System of 1983;
thence North 14 degrees 32 minutes 00 seconds East 536.38 feet to the west line of said CMC Real Estate Corporation's
real property and the point of beginning of the line to be described; thence South 66 degrees 33 minutes 17 seconds East
150.00 feet to a point on a line parallel with and 50 feet perpendicularly distant northwesterly of the center line of the said
Soo Line Railroad Company's main track and there terminating.
(d) The commissioner of natural resources has determined that the land conveyance would have no impact on the
adjacent public access site and that the land would be put to better use if returned to private use.
Sec. 14. [EFFECTIVE DATE.]
This act is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to state lands; authorizing the conveyance of certain tax-forfeited land that borders public water
in Blue Earth, Cass, Crow Wing, Becker, Aitkin, Mille Lacs, Cook, Carlton, and Washington counties; authorizing the
private sale of certain state lands to wild rice lessees; authorizing the private sale of surplus state land in Houston county."
We request adoption of this report and repassage of the bill.
Senate Conferees: Dan Stevens, Dallas C. Sams and David J. Ten Eyck.
House Conferees: Alice Hausman, Edgar Olson and Peg Larsen.
Hausman moved that the report of the Conference Committee on S. F. No. 309 be adopted and that the bill be repassed
as amended by the Conference Committee. The motion prevailed.
S. F. No. 309, A bill for an act relating to state lands; authorizing the conveyance of tax-forfeited land bordering on public
waters to the city of Mankato for no consideration; authorizing sale of certain tax-forfeited lands that border public water
or natural wetlands in Cass county; authorizing public sale of certain tax-forfeited land that borders public water in Crow
Wing county; authorizing public sale of certain tax-forfeited land that borders public water in Becker county; authorizing
public sale of certain tax-forfeited land that borders public water in Aitkin county; authorizing sale of certain tax-forfeited
land that borders public water in Mille Lacs county; authorizing sales of certain tax-forfeited lands bordering public waters
in Cook county; authorizing the transfers of tax-forfeited lands in Washington county; authorizing the private sale of
tax-forfeited land in Carlton county; authorizing private sale of certain state lands to wild rice lessees.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 126 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abrams | Erhardt | Juhnke | Mares | Paulsen | Sviggum |
| Anderson, B. | Evans | Kahn | Mariani | Pawlenty | Swenson, H. |
| Anderson, I. | Farrell | Kalis | Marko | Paymar | Sykora |
| Bakk | Finseth | Kelso | McCollum | Pelowski | Tingelstad |
| Bettermann | Folliard | Kielkucki | McElroy | Pugh | Tomassoni |
| Biernat | Garcia | Kinkel | McGuire | Rest | Tompkins |
| Boudreau | Goodno | Knight | Milbert | Rhodes | Trimble |
| Bradley | Greenfield | Knoblach | Molnau | Rifenberg | Tuma |
| Broecker | Greiling | Koppendrayer | Mulder | Rostberg | Tunheim |
| Carlson | Gunther | Kraus | Mullery | Rukavina | Van Dellen |
| Chaudhary | Haas | Krinkie | Munger | Schumacher | Vickerman |
| Clark | Harder | Kuisle | Murphy | Seagren | Wagenius |
| Commers | Hasskamp | Larsen | Ness | Seifert | Weaver |
| Daggett | Hausman | Leighton | Nornes | Sekhon | Wejcman |
| Davids | Hilty | Leppik | Olson, E. | Skare | Wenzel |
| Dawkins | Huntley | Lieder | Olson, M. | Skoglund | Westfall |
| Dehler | Jaros | Lindner | Opatz | Slawik | Westrom |
| Delmont | Jefferson | Long | Orfield | Smith | Winter |
| Dempsey | Jennings | Luther | Osskopp | Solberg | Wolf |
| Dorn | Johnson, A. | Macklin | Osthoff | Stanek | Workman |
| Entenza | Johnson, R. | Mahon | Ozment | Stang | Spk. Carruthers |
The bill was repassed, as amended by Conference, and its title agreed to.
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 555.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary of the Senate
A bill for an act relating to telecommunications; authorizing creation of telecommunication services
purchasing cooperatives; proposing coding for new law in Minnesota Statutes, chapters 237; and 308A.
May 14, 1997
The Honorable Allan H. Spear
President of the Senate
The Honorable Phil Carruthers
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 555, report that we have agreed upon the items in dispute and recommend
as follows:
That the House recede from its amendments and that S. F. No. 555 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 237.065, is amended to read:
237.065 [RATES FOR SPECIAL SERVICE TO SCHOOLS AND TELECOMMUNICATION SERVICES
PURCHASING COOPERATIVES.]
Subdivision 1. [BASIC SERVICES.] Each telephone company, including a company that has developed an incentive
plan under section 237.625, that provides local telephone service in a service area that includes a school that has classes
within the range from kindergarten to 12th grade shall provide, upon request, additional service to the school that is sufficient
to ensure access to basic telephone service from each classroom and other areas within the school, as determined by the
school board. Each company shall set a flat rate for this additional service that is less than the company's flat rate for an
access line for a business and the same as or greater than the company's flat rate for an access line for a residence in the same
local telephone service exchange. When a company's flat rates for businesses and residences are the same, the company shall
use the residential rate for service to schools under this section. The rate required under this section is available only for
a school that installs additional service that includes access to basic telephone service from each classroom and other areas
within the school, as determined by the school board.
Subd. 2. [BASIC AND ADVANCED TELECOMMUNICATION SERVICES.] (a) Notwithstanding the provisions of
sections 237.09, 237.14, 237.60, subdivision 3, and 237.74, each telephone company and telecommunications carrier that
provides local telephone service in a service area that includes a school that has classes within the range from kindergarten
to grade 12
(b) An agent that provides telecommunications services to a school or library may request the favorable rate on behalf
of and for the exclusive benefit of the school or library. The school or library must authorize the agent to make the request
of the local telephone company or telecommunications carrier. The telephone company or telecommunications carrier is not
required to offer the same price discount to the agent that it would offer to the school district or library. An agent that
receives a price discount for telecommunications services on behalf of a school or library may only resell or sublease the
discounted services to that school or library.
(c) For the purposes of this subdivision, "school" includes a public school as defined in section 120.05, nonpublic,
and church or religious organization schools that provide instruction in compliance with sections 120.101 to 120.102.
Sec. 2. [308A.210] [TELECOMMUNICATION SERVICES PURCHASING COOPERATIVES.]
Subdivision 1. [PURPOSE; TERRITORY.] A telecommunication services purchasing cooperative may be
formed under this chapter for the sole purpose of purchasing advanced telecommunications services by aggregating demand
and negotiating reduced rates for its members. Any such telecommunication services shall be provided and directly billed
by a telephone company or a telecommunication carrier. A purchasing cooperative must declare in its articles of
incorporation a contiguous area comprising less than the entire state in which it may operate.
Subd. 2. [LOCAL GOVERNMENT UNITS.] In addition to others that may form a cooperative, a political
subdivision of the state, including a service cooperative created under section 123.582, may act to organize a
telecommunication services purchasing cooperative within its jurisdiction for the benefit of its residents.
Subd. 3. [POWERS.] A purchasing cooperative has all of the powers described in section 308A.201, except
that a purchasing cooperative does not have the power of eminent domain. A purchasing cooperative is not a telephone or
electric cooperative as those terms are used in this chapter and chapters 216B and 237.
Subd. 4. [GOVERNING BOARD.] A board of directors of five to seven members shall govern a
telecommunication services purchasing cooperative. The directors must be elected according to the requirements of section
308A.311, except that:
(1) all of the directors must be members of the purchasing cooperative;
(2) a director may not be a provider of services to the cooperative or an employee of the provider;
(3) a director may not be a member of a governing body of a political subdivision; and
(4) a majority of the directors must be seeking to purchase some residential telecommunication services through
the cooperative.
Subd. 5. [RESIDENTIAL MEMBERSHIP REQUIREMENT.] In order to ensure that residential customers
experience the benefits of cooperative purchasing, at least 50 percent of the total number of entities or individuals who are
members of the purchasing cooperative must be seeking to purchase residential telecommunication services through the
cooperative. If the telecommunication services purchasing cooperative fails to comply with this subdivision, it shall notify
the department of public service and shall have one year from the date of noncompliance to come into compliance. If it does
not come into compliance, the telecommunication services purchasing cooperative shall be dissolved and its assets
distributed to its members.
Subd. 6. [FILINGS WITH DEPARTMENT OF PUBLIC SERVICE.] A purchasing cooperative must
immediately file a copy of its contracts with telecommunication services providers with the department of public service.
A purchasing cooperative must file its annual financial statements with the department.
Subd. 7. [OPEN MEMBERSHIP.] Any person within the geographic operating area declared in a
cooperative's articles of incorporation or any person within the exchange boundary or service area of a telephone company
or telecommunication carrier that in whole or in part is included in the geographic operating area declared in the
cooperative's articles of incorporation may become a member of the telecommunication services purchasing cooperative.
Subd. 8. [ADVANCED TELECOMMUNICATION SERVICES; DEFINED.] "Advanced
telecommunications service" includes any service that would be classified as a flexibly priced service within the meaning
of section 237.761, subdivision 4, or nonprice regulated service within the meaning of section 237.761, subdivision 4,
provided that a service may be an advanced telephone service whether or not the telephone company has adopted an
alternative rate plan within the meaning of section 237.76."
Delete the title and insert:
"A bill for an act relating to telecommunications; authorizing creation of telecommunication services
purchasing cooperatives; amending Minnesota Statutes 1996, section 237.065; proposing coding for new law in Minnesota
Statutes, chapter 308A."
We request adoption of this report and repassage of the bill.
Senate Conferees: Steve Kelley, Steven G. Novak and Mark Ourada.
House Conferees: Karen Clark, Loren Jennings and Mike Osskopp.
Clark moved that the report of the Conference Committee on S. F. No. 555 be adopted and that the bill be repassed as
amended by the Conference Committee. The motion prevailed.
S. F. No. 555, A bill for an act relating to telecommunications; authorizing creation of telecommunication services
purchasing cooperatives; proposing coding for new law in Minnesota Statutes, chapters 237; and 308A.
The bill was read for the third time, as amended by Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and the roll was called. There were 125 yeas and 0 nays as follows:
Those who voted in the affirmative were:
or that includes, a public library, or a telecommunication services purchasing
cooperative may provide, upon request, basic and advanced telecommunication services at reduced or no cost to that
school or, library, or may provide, upon request, advanced telecommunication services at reduced
wholesale rates to the members of a telecommunication services purchasing cooperative. For purposes of this section, a
"telecommunication services purchasing cooperative" means a cooperative organized under section 308A.210. A school
or library receiving telecommunications services at reduced or no cost may not resell or sublease the discounted services.
No members of a telecommunication services purchasing cooperative may resell or sublease the discounted services.
A purchasing cooperative is not required to negotiate or provide a uniform rate for its members. Telecommunications
services shall be provided in accordance with Public Law Number 104-104, and the regulations of the Federal
Communications Commission adopted under the act.
| Abrams | Entenza | Johnson, R. | Mares | Pawlenty | Swenson, H. |
| Anderson, B. | Erhardt | Juhnke | Mariani | Paymar | Sykora |
| Anderson, I. | Evans | Kelso | Marko | Pelowski | Tingelstad |
| Bakk | Farrell | Kielkucki | McCollum | Pugh | Tomassoni |
| Bettermann | Finseth | Kinkel | McElroy | Rest | Tompkins |
| Biernat | Folliard | Knight | McGuire | Rhodes | Trimble |
| Bishop | Garcia | Knoblach | Milbert | Rifenberg | Tuma |
| Boudreau | Goodno | Koppendrayer | Molnau | Rostberg | Tunheim |
| Bradley | Greenfield | Kraus | Mulder | Rukavina | Van Dellen |
| Broecker | Greiling | Krinkie | Mullery | Schumacher | Vickerman |
| Carlson | Gunther | Kubly | Munger | Seagren | Wagenius |
| Chaudhary | Haas | Kuisle | Ness | Seifert | Weaver |
| Clark | Harder | Larsen | Nornes | Sekhon | Wejcman |
| Commers | Hasskamp | Leighton | Olson, E. | Skare | Wenzel |
| Daggett | Hausman | Leppik | Olson, M. | Skoglund | Westfall |
| Davids | Hilty | Lieder | Opatz | Slawik | Westrom |
| Dawkins | Huntley | Lindner | Orfield | Smith | Winter |
| Dehler | Jaros | Long | Osskopp | Solberg | Wolf |
| Delmont | Jefferson | Luther | Osthoff | Stanek | Workman |
| Dempsey | Jennings | Macklin | Ozment | Stang | Spk. Carruthers |
| Dorn | Johnson, A. | Mahon | Paulsen | Sviggum | |
The bill was repassed, as amended by Conference, and its title agreed to.
The following Conference Committee Report was received:
H. F. No. 735, A bill for an act relating to civil commitment; clarifying and reorganizing portions of the commitment act;
allowing the designated agency to consent to voluntary treatment for certain incompetent persons; creating a new standard
for court-ordered early intervention to provide less intrusive treatment; modifying standards and procedures for the
administration of neuroleptic medications; providing for access to records; amending the provisional discharge procedures;
requiring medical documentation of a patient's refusal to be examined and allowing determination of need for treatment based
on other information; prohibiting prepetition screeners from filing commitment petitions; limiting use of prepetition
screening reports in unrelated proceedings; requiring distribution to specified parties; increasing time for return after
provisional discharge; modifying provisions governing special review boards; increasing time for hearing appeals; changing
provisions for state liens for cost of care; amending Minnesota Statutes 1996, sections 13.42, subdivisions 2 and 3; 55.10,
subdivision 4; 246B.01, subdivisions 3 and 4; 253B.01; 253B.02, subdivisions 2, 4, 4a, 7, 9, 13, 14, 15, 18, 18a, 18b, and
by adding subdivisions; 253B.03, subdivisions 1, 2, 3, 4, 5, 6, 6b, 7, 8, and by adding a subdivision; 253B.04; 253B.05,
subdivisions 1, 2, 3, 4, and by adding a subdivision; 253B.06; 253B.07, subdivisions 1, 2, 2a, 3, 4, 5, 7, and by adding
subdivisions; 253B.08, subdivisions 1, 2, 3, 5, and by adding subdivisions; 253B.09, subdivisions 1, 2, 3, 5, and by adding
a subdivision; 253B.095; 253B.10; 253B.11, subdivision 2; 253B.12, subdivisions 1, 3, 4, and by adding a subdivision;
253B.13, subdivisions 1 and 2; 253B.14; 253B.15, subdivisions 1, 1a, 2, 3, 5, 10, and by adding subdivisions; 253B.16,
subdivision 1; 253B.17, subdivisions 1 and 3; 253B.18, subdivisions 1, 2, 3, 4, 4a, 4b, 5, 6, 7, 9, 12, 14, 15, and by adding
a subdivision; 253B.185, subdivision 4; 253B.19, subdivisions 1, 2, 3, and 5; 253B.20, subdivisions 1, 3, 4, 6, and 7;
253B.21, subdivision 4; 253B.22, subdivision 1; 253B.23, subdivisions 1, 4, 6, 7, and 9; 256.015, subdivisions 1, 2, and
4; 256B.042, subdivisions 1, 2, and 4; 256B.37, subdivision 1; 514.71; 514.980, subdivision 2; 514.981, subdivision 2;
514.982, subdivisions 1 and 2; 514.985; 524.1-201; 524.3-801; 524.3-1004; 524.3-1201; and 524.6-207; proposing coding
for new law in Minnesota Statutes, chapter 253B; repealing Minnesota Statutes 1996, sections 253B.03, subdivisions 6c
and 9; 253B.05, subdivisions 2a and 5; 253B.07, subdivision 6; 253B.08, subdivisions 4 and 6; 253B.091; 253B.12,
subdivisions 5 and 8; 253B.13, subdivision 3; 253B.15, subdivisions 4 and 6; 253B.18, subdivision 4; 253B.21, subdivision
5; and 253B.23, subdivision 1a.
May 16, 1997
The Honorable Phil Carruthers
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 735, report that we have agreed upon the items in dispute and recommend
as follows:
That the Senate recede from its amendments and that H. F. No. 735 be further amended as follows:
Page 45, after line 21, insert:
"Sec. 65. Minnesota Statutes 1996, section 253B.11, is amended by adding a subdivision to read:
Subd. 2a. [COST OF CARE.] Notwithstanding subdivision 2, a county shall be responsible for the cost of
care as specified under section 246.54 for persons hospitalized at a regional treatment center in accordance with section
253B.09 and the person's legal status has been changed to a court hold under section 253B.07, subdivision 6, pending a
judicial determination regarding continued commitment pursuant to sections 253B.12 and 253B.13."
Renumber the sections in sequence and correct internal references
Amend the title as follows:
Page 1, line 33, before the semicolon, insert ", and by adding a subdivision"
We request adoption of this report and repassage of the
bill.
House Conferees: Matt Entenza, Thomas Pugh and Jim
Rhodes.
Senate Conferees: Don Betzold, David J. Ten Eyck and
Sheila M. Kiscaden.
| Abrams | Erhardt | Kalis | Mariani | Paymar | Tingelstad |
| Anderson, B. | Evans | Kelso | Marko | Pelowski | Tomassoni |
| Anderson, I. | Farrell | Kielkucki | McCollum | Pugh | Tompkins |
| Bakk | Finseth | Kinkel | McElroy | Rest | Trimble |
| Bettermann | Folliard | Knight | McGuire | Rhodes | Tuma |
| Biernat | Garcia | Knoblach | Milbert | Rifenberg | Tunheim |
| Bishop | Goodno | Koppendrayer | Molnau | Rostberg | Van Dellen |
| Boudreau | Greenfield | Koskinen | Mulder | Rukavina | Vickerman |
| Bradley | Greiling | Kraus | Mullery | Schumacher | Wagenius |
| Broecker | Gunther | Krinkie | Munger | Seagren | Weaver |
| Carlson | Haas | Kubly | Murphy | Seifert | Wejcman |
| Chaudhary | Harder | Kuisle | Ness | Sekhon | Wenzel |
| Clark | Hasskamp | Larsen | Nornes | Skare | Westfall |
| Commers | Hausman | Leighton | Olson, E. | Skoglund | Westrom |
| Daggett | Hilty | Leppik | Olson, M. | Slawik | Winter |
| Davids | Huntley | Lieder | Opatz | Smith | Wolf |
| Dawkins | Jaros | Lindner | Orfield | Solberg | Workman |
| Dehler | Jefferson | Long | Osskopp | Stanek | Spk. Carruthers |
| Delmont | Jennings | Luther | Osthoff | Stang | |
| Dempsey | Johnson, A. | Macklin | Ozment | Sviggum | |
| Dorn | Johnson, R. | Mahon | Paulsen | Swenson, H. | |
| Entenza | Juhnke | Mares | Pawlenty | Sykora | |
The bill was repassed, as amended by Conference, and its
title agreed to.
Winter moved that the House recess subject to the call
of the Chair. The motion prevailed.
RECONVENED
The House reconvened and was called to order by the
Speaker.
Sykora was excused for the remainder of today's session.
The following Conference Committee Report was received:
A bill for an act relating to the organization and
operation of state government; appropriating money for environmental, natural
resource, and agricultural purposes; establishing and modifying certain
programs; providing for regulation of certain activities and practices;
providing for accounts, assessments, and fees; amending Minnesota Statutes 1996,
sections 17.76, by adding a subdivision; 32.394, subdivision 11; 32.415;
84.0273; 84.0887, subdivision 2; 84.794, subdivision 1; 84.803, subdivision 1;
84.927, subdivision 2; 85.015, by adding a subdivision; 85.22, subdivision 2a;
85A.04, subdivision 4; 86A.23; 86B.415, subdivision 9; 92.06, subdivision 4;
92.16, subdivision 1; 92.46, by adding a subdivision; 94.10, subdivision 2;
94.165; 97B.667; 103C.501, subdivision 6; 103F.378, subdivision 1; 115.03,
subdivision 5; 115A.54, subdivision 2a; 116.07, by adding a subdivision;
296.421, subdivision 5; 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; 373.01, subdivision 1;
Laws 1995, chapter 220, section 19, subdivision 11; and Laws 1996, chapters 351,
section 2; and 463, section 7, subdivision 24; proposing coding for new law in
Minnesota Statutes, chapters 4; 17; 92; 115; 116; and 219; repealing Minnesota
Statutes 1996, sections 1.31; 1.32; 1.33; 1.34; 1.35; 1.36; 1.37; 1.38; 1.39;
1.40; 84B.11; and 115A.9523; Laws 1995, chapters 77, section 3; and 220, section
21; Minnesota Rules, part 7009.0060.
May 16, 1997
The Honorable Phil Carruthers
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 2150, report
that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F.
No. 2150 be further amended as follows:
Delete everything after the enacting clause and insert:
"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.
1997 1998 1999 TOTAL
General $500,000 $193,603,000 $175,725,000$369,828,000
Petroleum Tank 3,177,000 3,227,0006,404,000
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
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
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
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
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
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
General 111,019,000100,723,000
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
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
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
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
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
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
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
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
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
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
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
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 4,420,0004,330,000
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
Minnesota Future
Resources Fund 14,668,000
Environment and
Natural Resources
Trust Fund 22,270,000
Great Lake
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 (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; (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
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.
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) 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
(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 (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 (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.
Minnesota Food Association; and
Minnesota Senior Federation 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 (1) the movement of milk by processors;
(2) price setting at the (3) processor pricing (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 (c) The board (d) The board 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. [ (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
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 Sec. 32. Minnesota Statutes 1996, section 18C.425,
subdivision 6, is amended to read:
Subd. 6. [INSPECTION FEES.] 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 Sec. 34. Minnesota Statutes 1996, section 18C.551, is
amended to read:
18C.551 [ Subdivision 1. [ Subd. 2. [ 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 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
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 Sec. 36. Minnesota Statutes 1996, section 25.32, is
amended to read:
25.32 [ENFORCING OFFICIAL.]
Sections 25.31 to Sec. 37. Minnesota Statutes 1996, section 25.33,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] When used in sections 25.31 to
Sec. 38. Minnesota Statutes 1996, section 25.33,
subdivision 5, is amended to read:
Subd. 5. [COMMERCIAL FEED.] "Commercial feed" means 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 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 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) (1) (7) a quantity statement.
(b) (1) name and address of the manufacturer (2) name and address of the purchaser (3) date of delivery (4) the product name and (5) adequate directions for use for all customer formula
feeds containing drugs and for (6) (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 (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 (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:
Sec. 50. Minnesota Statutes 1996, section 25.38, is
amended to read:
25.38 [PROHIBITED ACTS.]
The following acts and 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
(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. [ Subd. 3. [RECORDS.] Each 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 Sec. 52. Minnesota Statutes 1996, section 25.41,
subdivision 6, is amended to read:
Subd. 6. [METHODS.] Sampling and analysis 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 immediately previous license
or fiscal year $150 $ 50 $100
(b) Having to sales for the immediately
previous license or fiscal year $310 $ 75 $150
(c) Having to sales for the immediately
previous license or fiscal year $449 $100 $200
(d) Having gross sales for the immediately previous
license or fiscal year $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 immediately previous license
or fiscal year $100 $ 25 $ 50
(b) Having to sales for the immediately
previous license or fiscal year $169 $ 50 $ 75
(c) Having to sales for the immediately
previous license or fiscal year $253 $125
(d) Having to $5,000,000 gross sales
for the immediately previous
license or fiscal year $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 pounds per year of 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, (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 (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 (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 [ In order to 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: (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, 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. Sec. 74. [92.80] [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) (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 Sec. 81. Minnesota Statutes 1996, section 97A.405,
subdivision 2, is amended to read:
Subd. 2. [PERSONAL POSSESSION.] (a) A person (b) If possession of a
license or a license identification number is
required, a person must exhibit (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,
(2) to take fish by angling, for persons age 65 and
over, (3) to take fish by angling, for a combined license for
a married couple, (4) to take fish by spearing from a dark house, (5) to take fish by angling for a 24-hour period
selected by the licensee, Subd. 7. [NONRESIDENT FISHING.] Fees for the following
licenses, to be issued to nonresidents, are:
(1) to take fish by angling, (2) to take fish by angling limited to seven consecutive
days selected by the licensee, (3) to take fish by angling for a 72-hour period
selected by the licensee, (4) to take fish by angling for a combined license for a
family, (5) to take fish by angling for a 24-hour period
selected by the licensee, (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,
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, (2) for a combined license for a married couple to take
fish and for one spouse to take small game, Subd. 10. [TROUT AND SALMON STAMP.] The fee for a trout
and salmon stamp is 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,
(2) for a fish house or dark house that is rented, Subd. 12. [FISH HOUSES; NONRESIDENT.] Fees for fish
house licenses for a nonresident are:
(1) annual, (2) seven consecutive days, 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, 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, (2) for a nonresident, (3) if another state charges a Minnesota resident a fee
greater than 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, (2) Subd. 27. [MINNOW RETAILERS.] The fees for the following
licenses, to be issued to residents and nonresidents, are:
(1) minnow retailer, (2) minnow retailer's vehicle, Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the
following licenses, to be issued to nonresidents, are:
(1) exporting minnow hauler, (2) exporting minnow hauler's vehicle, 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, (2) for a private fish hatchery, with annual sales of
$200 or more, (3) to take sucker eggs from public waters for a private
fish hatchery, Subd. 30. [COMMERCIAL NETTING OF FISH (1) commercial license fees:
(i) for (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. 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,
(2) for Lake Superior fish bought for sale to consumers,
(3) for Lake of the Woods, Namakan, Sand Point, and
Rainy Lake fish bought for sale to retailers, (4) for Lake of the Woods, Namakan, Sand Point, and
Rainy Lake fish bought for shipment only on international boundary waters, Subd. 39. [FISH PACKER.] The fee for a license to
prepare dressed game fish for transportation or shipment is Subd. 40. [FISH VENDORS.] The fee for a license to use a
motor vehicle to sell fish is Subd. 41. [TURTLE SELLERS.] The fee for a license to
take, transport, purchase, and possess turtles for sale is 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, (2) for a nonresident to purchase, possess, and
transport frogs, (3) for a resident to take, possess, transport, and sell
frogs, 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 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 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 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) Sec. 90. Minnesota Statutes 1996, section 97C.801, is
amended to read:
97C.801 [TAKING ROUGH FISH ON MISSISSIPPI Subd. 2. [COMMERCIAL FISH NETTING (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) 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; (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 (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 lighweight 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 lighweight 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 (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, (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 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 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 (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. (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 (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 (2) (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 (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 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; (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 Sec. 121. Minnesota Statutes 1996, section 116O.09,
subdivision 5, is amended to read:
Subd. 5. [ADVISORY BOARD.] A 26-member advisory board 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) (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.
(a) $100 plus $50 for each additional location for grain
buyers whose gross annual purchases are less than (b) $200 plus $50 for each additional location for grain
buyers whose gross annual purchases are at least (c) $300 plus (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 300.11, 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 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."; (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 (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. 3b. [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, Sec. 140. Laws 1995, chapter 220, section 19,
subdivision 11, is amended to read:
Subd. 11. Energy
(a) DEMONSTRATION 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.
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) 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.
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. [ ( 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.
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. 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."
Delete the title and insert:
"A bill for 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; 300.11, 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."
We request adoption of this report and repassage of the
bill.
House Conferees: Tom Osthoff, Willard Munger, Doug
Peterson, Betty McCollum and Mark Holsten.
Senate Conferees: Steven Morse, Bob Lessard, Ellen R.
Anderson, Gary W. Laidig and Steve Dille.
Osthoff moved that the report of the Conference
Committee on H. F. No. 2150 be adopted and that the bill be repassed as amended
by the Conference Committee. The motion prevailed.
H. F. No. 2150, A bill for an act relating to the
organization and operation of state government; appropriating money for
environmental, natural resource, and agricultural purposes; establishing and
modifying certain programs; providing for regulation of certain activities and
practices; providing for accounts, assessments, and fees; amending Minnesota
Statutes 1996, sections 17.76, by adding a subdivision; 32.394, subdivision 11;
32.415; 84.0273; 84.0887, subdivision 2; 84.794, subdivision 1; 84.803,
subdivision 1; 84.927, subdivision 2; 85.015, by adding a subdivision; 85.22,
subdivision 2a; 85A.04, subdivision 4; 86A.23; 86B.415, subdivision 9; 92.06,
subdivision 4; 92.16, subdivision 1; 92.46, by adding a subdivision; 94.10,
subdivision 2; 94.165; 97B.667; 103C.501, subdivision 6; 103F.378, subdivision
1; 115.03, subdivision 5; 115A.54, subdivision 2a; 116.07, by adding a
subdivision; 296.421, subdivision 5; 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; 373.01,
subdivision 1; Laws 1995, chapter 220, section 19, subdivision 11; and Laws
1996, chapters 351, section 2; and 463, section 7, subdivision 24; proposing
coding for new law in Minnesota Statutes, chapters 4; 17; 92; 115; 116; and 219;
repealing Minnesota Statutes 1996, sections 1.31; 1.32; 1.33; 1.34; 1.35; 1.36;
1.37; 1.38; 1.39; 1.40; 84B.11; and 115A.9523; Laws 1995, chapters 77, section
3; and 220, section 21; Minnesota Rules, part 7009.0060.
The bill was read for the third time, as amended by
Conference, and placed upon its repassage.
The question was taken on the repassage of the bill and
the roll was called. There were 116 yeas and 14 nays as follows:
Those who voted in the affirmative were:
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:
and
pursuant to under
subdivision 2.
(g) Only one grant under this
section may be made per grantee.
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.
$80 $100 per lot
thereafter; and
$15 $19.
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.
One member Two members of the board shall be appointed by each of
three two organizations
representing consumers in Minnesota. The organizations are:
;
and
Minnesota COACT.
shall may monitor economic
aspects of the dairy production, processing, and marketing process including:
Green
Bay, Wisconsin, National Cheese Exchange in Chicago;
schemes methods;
shall may regularly educate producers, processors, consumers,
and policymakers about the reasons for inadequate raw milk prices.
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.
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.
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.
registration nonrefundable
application fee of $100 for each brand and grade to be sold or distributed
as provided in section 18C.411.
registration nonrefundable application fee of $200 for each brand
sold or distributed as provided in section 18C.411.
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.
30 20 percent or more and includes, but is not limited to, burnt lime, hydrated lime,
industrial by-product, limestone, and marl.
LICENSE APPLICATION, SAMPLING, AND INSPECTION FEES.]
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.
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.
, 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.
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.
25.44 shall
be 25.43 are known and may be cited as the Minnesota Commercial Feed Law.
25.44 25.43 shall be administered by the commissioner of the department of agriculture, hereinafter referred to
as the "commissioner".
25.44 25.43, the terms
defined in this section have the meanings given them.
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).
or pet food.
any a domesticated animal dog or cat normally
maintained in or near the household of the its owner thereof.
A commercial feed shall be
labeled as follows:
In case of A commercial
feed, except a customer formula feed, it shall must be accompanied by a label bearing the following
information:
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
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:
.;
.;
.;
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);
such other feeds as the commissioner may
require requires by rule as necessary for their
safe and effective use.;
Such precautionary
statements as the commissioner determines by rule determines are necessary for the safe and effective use
of the customer formula 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
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
(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.
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.
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.
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.
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.
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.
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.
$250,000 $125,000 for the
$310 $ 75 $150
$250,000 $125,000
$1,000,000 $250,000 gross
$449 $100 $200
$1,000,000 $250,001
$5,000,000 $1,000,000 gross
$562 $125 $250
over $1,000,001 to $5,000,000
$647
$150 $300
$250,000 $125,000 for the
$169 $ 50 $ 75
$250,000 $125,000
$1,000,000 $250,000 gross
$253 $ 75 $125
$1,000,000 $250,001
$5,000,000 $1,000,000 gross
$310 $ 75 $150
over $1,000,001
$366
$100 $175
70,000
700,000
cultured
dairy food as defined in
section 32.486, subdivision
1,
paragraph (b) raw milk $ 30 $ 10 $ 15
1996 1997, except that the commissioner shall develop
methods by which producers can comply with the standards without violation of
religious beliefs.
$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.
$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:
CORRECTION ESTABLISHMENT OF BOUNDARY LINES RELATING TO CERTAIN
STATE LANDHOLDINGS.]
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.
$30 $45 for three years and
$4 for a duplicate or transfer.
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
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.
and, (5), and (9), and 3,
clauses (2) and, (3), and (7), and licenses issued under section 97B.301,
subdivision 4.
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.
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.
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.
$13 $15;
$4.50 $5.50;
$17.50 $20.50;
$13 $15; and
$7.50 $8.
$27.50 $31;
$19 $21.50;
$16 $18;
$37.50 $41.50;
$7.50 $8; and
$27.50 $32.
$17.50 $20; and
$24 $27.50.
$5 $8.50.
$9 $10; and
$20 $23.
$27.50 $31.50; and
$16.50 $18.50.
$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.
$27.50
$35;
$110
$140; or
$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.
$77 $100;
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.
$11 $15; and
$11 $15.
$525 $675; and
$11 $15.
$27.50 $35;
$55 $70;
and
$165 $210, plus $3 $4 for each quart in excess of 100 quarts.
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:
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;
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.
$55 $70;
$11 $15;
$110
$140; and
$11 $15.
$14.50 $20.
$27.50 $35.
$55 $70.
$77 $100;
$220 $280; and
$11 $15.
, if
the commissioner approves.
private commercial shooting
preserves.
the a stamp or a license validation under this section.
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.
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.
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.
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.
and
.;
eight 12 years of the date of the grant award, the recipient
shall repay the grant amount to the state.
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.
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
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.
, 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.
an
unencumbered balance in the account annual
income of at least $1,000,000:
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.
special revenue
account environmental fund.
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
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
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.
special revenue environmental fund.
and
, 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.
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.
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
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:
$1,500,000 $100,000;
$1,500,000 $100,000, but
not more than $3,000,000 $750,000; and
$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;
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.
or
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:
and wingwalls to protect the ramp and existing swimming
beach, and facilities for users of the ramp.
INTER-CITY ELECTRIC
VEHICLE TRANSPORTATION
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
(c) (b) ONE-MEGAWATT HYBRID ELECTRICAL GENERATION
(c) AVIAN POPULATION
ANALYSIS FOR WIND POWER
(e) (d) ENERGY IMPROVEMENTS IN PUBLIC ICE ARENAS 470,000
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.
(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.
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.
| Anderson, I. | Farrell | Juhnke | Marko | Peterson | Swenson, H. |
| Bakk | Finseth | Kahn | McCollum | Pugh | Tingelstad |
| Bettermann | Folliard | Kalis | McElroy | Rest | Tomassoni |
| Biernat | Garcia | Kelso | McGuire | Rhodes | Tompkins |
| Bishop | Goodno | Kielkucki | Milbert | Rifenberg | Trimble |
| Boudreau | Greenfield | Kinkel | Molnau | Rostberg | Tuma |
| Bradley | Greiling | Koppendrayer | Mulder | Rukavina | Tunheim |
| Broecker | Gunther | Koskinen | Mullery | Schumacher | Vickerman |
|
Journal of the House - 62nd Day - Saturday, May 17, 1997 - Top of Page 4973 |
|||||
| Carlson | Haas | Kraus | Munger | Seagren | Wagenius |
| Chaudhary | Harder | Kubly | Murphy | Seifert | Wejcman |
| Clark | Hasskamp | Kuisle | Ness | Sekhon | Wenzel |
| Daggett | Hausman | Larsen | Nornes | Skare | Westfall |
| Davids | Hilty | Leighton | Olson, E. | Skoglund | Westrom |
| Dawkins | Holsten | Leppik | Opatz | Slawik | Winter |
| Delmont | Huntley | Lieder | Orfield | Smith | Wolf |
| Dempsey | Jaros | Luther | Osskopp | Solberg | Spk. Carruthers |
| Dorn | Jefferson | Macklin | Osthoff | Stanek | |
| Entenza | Jennings | Mahon | Ozment | Stang | |
| Erhardt | Johnson, A. | Mares | Paymar | Sviggum | |
| Evans | Johnson, R. | Mariani | Pelowski | Swenson, D. | |
Those who voted in the negative were:
| Abrams | Dehler | Krinkie | Paulsen | Weaver | Workman |
| Anderson, B. | Knight | Lindner | Pawlenty | ||
| Commers | Knoblach | Olson, M. | Van Dellen | ||
The bill was repassed, as amended by Conference, and its title agreed to.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 1754.
S. F. No. 1754 was reported to the House.
Rest moved to amend S. F. No. 1754, the unofficial engrossment, as follows:
Page 1, after line 7, insert:
"Section 1. Minnesota Statutes 1996, section 118A.05, subdivision 4, is amended to read:
Subd. 4. [MINNESOTA JOINT POWERS INVESTMENT TRUST.] Government entities may enter into agreements or contracts for
(1) shares of a Minnesota
joint powers investment trust whose investments are restricted to securities
described in this subdivision, subdivision 2 and
section 118A.04,;
(2) units of a short-term investment fund established and administered pursuant to regulation 9 of the Office the Comptroller of the Currency, in which investments are restricted to securities described in this section and section 118A.04;
(3) shares of an investment company which is registered under the Federal Investment Company Act of 1940 and which holds itself out as a money market fund meeting the conditions of rule 2a-7 of the Securities and Exchange Commission and is rated in one of the two highest rating categories for money market funds by at least one nationally recognized statistical rating organization; or
(4) shares of an investment
company which is registered under the Federal Investment Company Act of 1940,
and whose shares are registered under the Federal Securities Act of 1933, as
long as the investment company's fund receives the highest credit rating and is
rated in one of the two highest risk rating categories by at least one
nationally recognized statistical rating organization and is invested in
financial instruments with a final maturity no longer than 13 months."
Page 2, delete section 3, and insert:
"Sec. 4. Minnesota Statutes 1996, section 414.067,
subdivision 2, is amended to read:
Subd. 2. [ENTIRE TOWNSHIP OR MUNICIPALITY.] When an
entire township is annexed by an existing municipality, or an entire township is
incorporated into a new municipality, or a municipality is consolidated into a
new municipality, all money, claims, or properties, including real estate owned,
held, or possessed by the annexed, incorporated township or municipality, and
any proceeds or taxes levied by such town or municipality, collected or
uncollected, shall become and be the property of the new or annexing
municipality with full power and authority to use and dispose of the same for
public purposes as the council or new annexing municipality may deem best,
subject to the rights of creditors. Any taxes levied to
pay bonded indebtedness of a town or former municipality annexed to an
existing municipality or incorporated or consolidated into a new municipality
shall be borne only by that taxable property within
the boundaries of the former town or municipality, provided, however, the units
of government concerned may by resolution of their governing bodies agree that
taxes levied to pay the indebtedness must be levied upon
all taxable property within the boundaries of the new municipality Sec. 5. Minnesota Statutes 1996, section 429.021,
subdivision 1, is amended to read:
Subdivision 1. [IMPROVEMENTS AUTHORIZED.] The council of
a municipality shall have power to make the following improvements:
(1) To acquire, open, and widen any street, and to
improve the same by constructing, reconstructing, and maintaining sidewalks,
pavement, gutters, curbs, and vehicle parking strips of any material, or by
grading, graveling, oiling, or otherwise improving the same, including the
beautification thereof and including storm sewers or other street drainage and
connections from sewer, water, or similar mains to curb lines.
(2) To acquire, develop, construct, reconstruct, extend,
and maintain storm and sanitary sewers and systems, including outlets, holding
areas and ponds, treatment plants, pumps, lift stations, service connections,
and other appurtenances of a sewer system, within and without the corporate
limits.
(3) To construct, reconstruct, extend, and maintain
steam heating mains.
(4) To install, replace, extend, and maintain street
lights and street lighting systems and special lighting systems.
(5) To acquire, improve, construct, reconstruct, extend,
and maintain water works systems, including mains, valves, hydrants, service
connections, wells, pumps, reservoirs, tanks, treatment plants, and other
appurtenances of a water works system, within and without the corporate limits.
(6) To acquire, improve and equip parks, open space
areas, playgrounds, and recreational facilities within or without the corporate
limits.
(7) To plant trees on streets and provide for their
trimming, care, and removal.
(8) To abate nuisances and to drain swamps, marshes, and
ponds on public or private property and to fill the same.
(9) To construct, reconstruct, extend, and maintain
dikes and other flood control works.
(10) To construct, reconstruct, extend, and maintain
retaining walls and area walls.
(11) To acquire, construct, reconstruct, improve, alter,
extend, operate, maintain, and promote a pedestrian skyway system. Such
improvement may be made upon a petition pursuant to section 429.031, subdivision
3.
(12) To acquire, construct, reconstruct, extend,
operate, maintain, and promote underground pedestrian concourses.
(13) To acquire, construct, improve, alter, extend,
operate, maintain, and promote public malls, plazas or courtyards.
(14) To construct, reconstruct, extend, and maintain
district heating systems.
(15) To construct, reconstruct, alter, extend, operate,
maintain, and promote fire protection systems in existing buildings, but only
upon a petition pursuant to section 429.031, subdivision 3.
(16) To acquire, construct, reconstruct, improve, alter,
extend, and maintain highway sound barriers.
(17) To improve, construct,
reconstruct, extend, and maintain gas and electric distribution facilities owned
by a municipal gas or electric utility.
Sec. 6. Minnesota Statutes 1996, section 447.45,
subdivision 2, is amended to read:
Subd. 2. [POWERS OVER SPECIAL FACILITIES.] With respect
to facilities for the care, treatment, and training of persons with mental
retardation or related conditions, and facilities attached or related to a
nursing home providing supportive services to elderly persons who are not yet in
need of nursing home care, including congregate housing, adult day care and
respite care services, a hospital district, county, or city may exercise the powers in sections 447.45 to
447.50 as if these facilities were hospital or nursing home facilities within
the meaning of sections 447.45 to 447.50. "County or city" includes cities of
the first class and counties containing them. "Related conditions" is defined in
section 252.27, subdivision 1a.
Sec. 7. [465.715] [POLITICAL SUBDIVISIONS;
CORPORATIONS.]
Subdivision 1. [STATUTORY
AUTHORIZATION REQUIRED.] A county, home rule charter
city, statutory city, town, school district, or other political subdivision may
not create a corporation, whether for profit or not for profit, unless
explicitly authorized to do so by law.
Subd. 2. [PRE-DECEMBER 1,
1996, LEASE PURCHASE AGREEMENTS.] The validity of any
lease purchase agreement entered into prior to December 1, 1996, and subsequent
refinancings are not affected by either the amount of consideration paid by a
lessor for an interest in real property or, in the case of lessors organized by
or on behalf of the city, county, town, or school district, any defect in or
lack of authority to organize such entity. A nonprofit corporation organized by
or on behalf of a city, county, town, or school district, for the purpose of a
lease purchase agreement, may continue in existence until the end of any lease
agreement in effect on December 1, 1996, but thereafter is dissolved. During its
existence, the nonprofit corporation shall conduct only business that is
necessary and directly related to the lease agreement. The nonprofit corporation
is a public corporation for purposes of section 465.035 and is subject to all
laws as if it were a part of the city, county, town, or school district.
Sec. 8. Minnesota Statutes 1996, section 469.0171, is
amended to read:
469.0171 [HOUSING PLAN, PROGRAM, AND REVIEW.]
Prior to the issuance of bonds or obligations for a
housing development project proposed by an authority under section 469.017, the
authority shall The authority shall prepare and submit the report
required under section 462C.04, subdivision 3.
Sec. 9. Minnesota Statutes 1996, section 471.981, is
amended by adding a subdivision to read:
Subd. 4d. [POLITICAL
SUBDIVISION BONDS FOR INSURANCE PROCUREMENT.] (a)
Notwithstanding any limitations under section 475.52, or any other general or
special law or charter to the contrary, a political subdivision may issue bonds
or other obligations to purchase insurance coverage for employee health
benefits, all or any part of the risks enumerated in subdivision 1, and any risk
which the political subdivision may insure under section 176.181, subdivision 1.
The obligations must be issued under chapter 475, except that no election is
required. The obligations must mature in the years and amounts determined by the
governing body, not exceeding the lesser of three years or the term of the
insurance contract purchased with the proceeds of the obligations.
(b) In addition to the permitted
uses described in paragraph (a), proceeds of obligations issued under this
subdivision may be used to establish a debt service reserve for the obligations,
to pay costs of issuing the obligations, or to refund obligations previously
issued under this subdivision.
(c) An issuer of obligations
authorized under this subdivision may designate a bank or trust company
authorized to exercise trust powers in this state as trustee for the holders of
obligations issued pursuant to this subdivision and may create funds and
accounts necessary to secure payment of the obligations.
(d) Notwithstanding any law to
the contrary, a levy to pay obligations issued under this subdivision is not a
levy to pay bonded indebtedness or other debt levy that is exempt from levy
limitations and the levy is subject to any otherwise applicable levy limits.
Sec. 10. [475.80] [PLEDGE ON ATTACHMENT, ANNEXATION,
COMBINATION, CONSOLIDATION, OR INCORPORATION.]
When all or a part of a
municipality is attached, annexed, combined, consolidated, or incorporated into
another municipality, the full faith and credit of the surviving or new
municipality must secure any general obligation bonds which the surviving or new
municipality has assumed or which are payable from property taxes levied on all
or any portion of its taxable property, notwithstanding that the bonds may be
payable from taxes levied on taxable property in only a portion of the new or
surviving municipality. If any general funds of the municipality are used to pay
debt service on general obligation bonds payable from taxes levied on taxable
property in only a portion of the new or surviving municipality, the general
funds must be reimbursed, with or without interest, from taxes levied on the
taxable property in that portion of the new or surviving municipality which was
primarily responsible for the general obligation bonds.
Sec. 11. Minnesota Statutes 1996, section 641.23, is
amended to read:
641.23 [FUNDS, HOW PROVIDED.]
Before any contract is made for the erection of a county
jail, sheriff's residence, or both, the county board shall either levy a
sufficient tax to provide the necessary funds, or issue county bonds therefor in
accordance with the provisions of chapter 475, provided that, unless the issuance of the bonds is approved by the
majority of voters voting on the question of their issuance, the amount of
all bonds issued for this purpose and interest on them which are due and payable
in any year shall not exceed an amount equal to 0.09671 percent of market value
of taxable property within the county, as last determined before the bonds are
issued.
Sec. 12. [NORTHWEST COUNTY MULTICOUNTY HRA; BONDING
AUTHORITY.]
Subdivision 1. [REFUNDING
AUTHORITY.] (a) The northwest multicounty housing and
redevelopment authority may issue bonds under Minnesota Statutes, section
469.034, subdivision 2, to refund obligations issued by the authority before
December 31, 1994 or obligations refunding such bonds, for which revenues
pledged by the authority have not been sufficient on a current basis to pay all
principal and interest due on the obligations in the last preceding fiscal
year.
(b) For purposes of this
section, the amount in Minnesota Statutes, section 469.034, subdivision 2,
paragraph (c), clause (2), is increased to $6,000,000 and the general
jurisdiction government is any of the cities listed in paragraph (c). The total
amount of bonds issued and outstanding under this subdivision at any time may
not exceed the total amount of the outstanding obligations as described in
paragraph (a), plus reserves and transactional costs.
(c) This section applies only to
permit pledges of general obligation authority by the following cities: Ada,
Argyle, Clearbrook, Crookston, Erskine, Fertile, Fisher, Fosston, Greenbush,
Newfolden, Park Rapids, Shelly, and Warren.
Subd. 2. [EFFECTIVE DATE.]
This section is effective for the northwest multicounty
housing and redevelopment authority upon compliance by the authority with
Minnesota Statutes, section 645.021, subdivision 3, and is effective for each of
the cities upon compliance by the city with Minnesota Statutes, section 645.021,
subdivision 3.
Sec. 13. [EFFECTIVE DATE.]
This act is effective the day
following final enactment."
Renumber the sections in sequence and correct internal
references
Amend the title accordingly
The motion prevailed and the amendment was adopted.
S. F. No. 1754, A bill for an act relating to public
finance; modifying provisions relating to the issuance of debt and the use and
investment of public funds; amending Minnesota Statutes 1996, sections 118A.04,
subdivision 9; 118A.05, subdivision 4; 136A.32, subdivision 7; 373.01,
subdivision 3; 373.40, subdivision 7; 410.32; 412.301; 414.067, subdivision 2;
429.021, subdivision 1; 447.45, subdivision 2; 465.71; 469.0171; 469.034,
subdivision 2; 469.059, subdivision 6; 469.101, subdivision 6; 469.153,
subdivision 2; 469.154, subdivisions 3, and 6; 469.155, by adding a subdivision;
471.981, by adding a subdivision; 475.61, subdivision 3; 475.67, subdivision 12;
and 641.23; proposing coding for new law in Minnesota Statutes, chapters 471;
and 475.
The bill was read for the third time, as amended, and
placed upon its final passage.
The question was taken on the passage of the bill and
the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
shall assume the bonded indebtedness of the former units of
government existing and outstanding at the time of annexation, incorporation or
consolidation. Notwithstanding that the bonded
indebtedness may be payable from taxes levied on only a portion of the taxable
property in the new or surviving municipality, the full faith and credit of the
new or surviving municipality must secure any outstanding bonded indebtedness to
which the full faith and credit of the annexed or consolidated township or
municipality was pledged. If any general funds of the new or surviving
municipality are used to pay debt service on the bonded indebtedness, the
general funds must be reimbursed, with or without interest, from taxes levied on
taxable property in the former township or municipality.
:
(1) prepare a plan meeting the
requirements of section 462C.03, subdivision 1, paragraphs (a) to (d);
(2) obtain review of the plan in
the manner provided in section 462C.04, subdivision 1; and
(3) prepare and submit for
review a program as defined in section 462C.02, subdivision 3, in the manner
provided in section 462C.04, subdivision 2, and section 462C.05, subdivision 5,
for the making or purchasing of loans by cities.
| Abrams | Erhardt | Juhnke | Mahon | Paulsen | Sviggum |
| Anderson, B. | Evans | Kahn | Mares | Pawlenty | Swenson, D. |
| Anderson, I. | Farrell | Kalis | Mariani | Paymar | Swenson, H. |
| Bakk | Finseth | Kelso | Marko | Pelowski | Tingelstad |
| Bettermann | Folliard | Kielkucki | McCollum | Peterson | Tomassoni |
| Biernat | Garcia | Kinkel | McElroy | Pugh | Tompkins |
| Bishop | Goodno | Knight | McGuire | Rest | Trimble |
| Boudreau | Greenfield | Knoblach | Milbert | Rhodes | Tuma |
| Bradley | Greiling | Koppendrayer | Molnau | Rifenberg | Tunheim |
| Broecker | Gunther | Koskinen | Mulder | Rostberg | Van Dellen |
| Carlson | Haas | Kraus | Mullery | Rukavina | Vickerman |
| Chaudhary | Harder | Krinkie | Munger | Schumacher | Wagenius |
| Clark | Hasskamp | Kubly | Murphy | Seagren | Weaver |
| Commers | Hausman | Kuisle | Ness | Seifert | Wejcman |
| Daggett | Hilty | Larsen | Nornes | Sekhon | Wenzel |
| Davids | Holsten | Leighton | Olson, E. | Skare | Westfall |
| Dawkins | Huntley | Leppik | Olson, M. | Skoglund | Westrom |
| Dehler | Jaros | Lieder | Opatz | Slawik | Winter |
| Delmont | Jefferson | Lindner | Orfield | Smith | Wolf |
| Dempsey | Jennings | Long | Osskopp | Solberg | Workman |
|
Journal of the House - 62nd Day - Saturday, May 17, 1997 - Top of Page 4978 |
|||||
| Dorn | Johnson, A. | Luther | Osthoff | Stanek | Spk. Carruthers |
| Entenza | Johnson, R. | Macklin | Ozment | Stang | |
The bill was passed, as amended, and its title agreed to.
The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 412:
Jennings, Greiling and Sviggum.
Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 113.
H. F. No. 113 was reported to the House.
On the motion of Weaver and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
| Abrams | Farrell | Kalis | Mares | Paulsen | Sviggum |
| Anderson, B. | Finseth | Kelso | Mariani | Pawlenty | Swenson, D. |
| Anderson, I. | Folliard | Kielkucki | Marko | Paymar | Swenson, H. |
| Bettermann | Garcia | Kinkel | McCollum | Pelowski | Tingelstad |
| Biernat | Goodno | Knight | McElroy | Peterson | Tomassoni |
| Boudreau | Greenfield | Knoblach | McGuire | Pugh | Tompkins |
| Broecker | Greiling | Koppendrayer | Milbert | Rest | Trimble |
| Carlson | Gunther | Koskinen | Molnau | Rhodes | Tuma |
| Chaudhary | Haas | Kraus | Mulder | Rifenberg | Tunheim |
| Clark | Harder | Krinkie | Mullery | Rostberg | Van Dellen |
| Commers | Hasskamp | Kubly | Munger | Rukavina | Vickerman |
| Daggett | Hausman | Kuisle | Murphy | Schumacher | Wagenius |
| Davids | Hilty | Larsen | Ness | Seagren | Weaver |
| Dawkins | Holsten | Leighton | Nornes | Seifert | Wenzel |
| Dehler | Huntley | Leppik | Olson, E. | Sekhon | Westfall |
| Delmont | Jaros | Lieder | Olson, M. | Skare | Westrom |
| Dempsey | Jefferson | Lindner | Orfield | Skoglund | Winter |
| Dorn | Jennings | Long | Osskopp | Slawik | Wolf |
| Entenza | Johnson, A. | Luther | Osthoff | Smith | Workman |
| Erhardt | Juhnke | Macklin | Otremba | Stanek | Spk. Carruthers |
| Evans | Kahn | Mahon | Ozment | Stang | |
Winter moved that further proceedings of the roll call be suspended and that the Sergeant at Arms be instructed to bring in the absentees. The motion prevailed and it was so ordered.
Holsten offered an amendment to H. F. No. 113, the third engrossment.
McCollum raised a point of order pursuant to rule 3.09 that the Holsten amendment was not in order. The Speaker ruled the point of order well taken and the Holsten amendment out of order.
Weaver appealed the decision of the Chair.
A roll call was requested and properly seconded.
The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called.
Winter moved that those not voting be excused from voting. The motion prevailed.
There were 73 yeas and 58 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Garcia | Kahn | McCollum | Pelowski | Tomassoni |
| Bakk | Greenfield | Kalis | McGuire | Peterson | Trimble |
| Biernat | Greiling | Kelso | Milbert | Pugh | Tunheim |
| Carlson | Hasskamp | Kinkel | Mullery | Rest | Wagenius |
| Chaudhary | Hausman | Koskinen | Munger | Rostberg | Wejcman |
| Clark | Hilty | Kubly | Murphy | Rukavina | Wenzel |
| Dawkins | Huntley | Leighton | Olson, E. | Schumacher | Winter |
| Delmont | Jaros | Lieder | Opatz | Sekhon | Spk. Carruthers |
| Dorn | Jefferson | Long | Orfield | Skare | |
| Entenza | Jennings | Luther | Osthoff | Skoglund | |
| Evans | Johnson, A. | Mahon | Otremba | Slawik | |
| Farrell | Johnson, R. | Mariani | Ozment | Smith | |
| Folliard | Juhnke | Marko | Paymar | Solberg | |
Those who voted in the negative were:
| Abrams | Dehler | Knight | Mares | Rifenberg | Tuma |
| Anderson, B. | Dempsey | Knoblach | McElroy | Seagren | Van Dellen |
| Bettermann | Erhardt | Koppendrayer | Molnau | Seifert | Vickerman |
| Bishop | Finseth | Kraus | Mulder | Stanek | Weaver |
| Boudreau | Goodno | Krinkie | Ness | Stang | Westfall |
| Bradley | Gunther | Kuisle | Nornes | Sviggum | Westrom |
| Broecker | Haas | Larsen | Osskopp | Swenson, D. | Wolf |
| Commers | Harder | Leppik | Paulsen | Swenson, H. | Workman |
| Daggett | Holsten | Lindner | Pawlenty | Tingelstad | |
| Davids | Kielkucki | Macklin | Rhodes | Tompkins | |
So it was the judgment of the House that the decision of the Speaker should stand.
Sviggum offered an amendment to H. F. No. 113, the third engrossment.
Kahn raised a point of order pursuant to rule 3.09 that
the Sviggum amendment was not in order. The Speaker ruled the point of order
well taken and the Sviggum amendment out of order.
H. F. No. 113, A bill for an act proposing amendment to
the Minnesota Constitution, article XI, section 14; extending until the year
2020 the period during which at least 40 percent of the net proceeds from the
state lottery must be credited to the environment and natural resources trust
fund; modifying authority for appropriations from the fund.
The bill was read for the third time and placed upon its
final passage.
The question was taken on the passage of the bill and
the roll was called. There were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
| Abrams | Erhardt | Juhnke | Mares | Paulsen | Sviggum |
| Anderson, B. | Evans | Kahn | Mariani | Pawlenty | Swenson, D. |
| Anderson, I. | Farrell | Kalis | Marko | Paymar | Swenson, H. |
| Bakk | Finseth | Kelso | McCollum | Pelowski | Tingelstad |
| Bettermann | Folliard | Kielkucki | McElroy | Peterson | Tomassoni |
| Biernat | Garcia | Kinkel | McGuire | Pugh | Tompkins |
| Bishop | Goodno | Knight | Milbert | Rest | Trimble |
| Boudreau | Greenfield | Knoblach | Molnau | Rhodes | Tuma |
| Bradley | Greiling | Koppendrayer | Mulder | Rifenberg | Tunheim |
| Broecker | Gunther | Koskinen | Mullery | Rostberg | Van Dellen |
| Carlson | Haas | Kraus | Munger | Rukavina | Vickerman |
| Chaudhary | Harder | Kubly | Murphy | Schumacher | Wagenius |
| Clark | Hasskamp | Kuisle | Ness | Seagren | Weaver |
| Commers | Hausman | Larsen | Nornes | Seifert | Wejcman |
| Daggett | Hilty | Leighton | Olson, E. | Sekhon | Wenzel |
| Davids | Holsten | Leppik | Olson, M. | Skare | Westfall |
| Dawkins | Huntley | Lieder | Opatz | Skoglund | Westrom |
| Dehler | Jaros | Lindner | Orfield | Slawik | Winter |
| Delmont | Jefferson | Long | Osskopp | Smith | Wolf |
| Dempsey | Jennings | Luther | Osthoff | Solberg | Workman |
| Dorn | Johnson, A. | Macklin | Otremba | Stanek | Spk. Carruthers |
| Entenza | Johnson, R. | Mahon | Ozment | Stang | |
The bill was passed and its title agreed to.
The Speaker called Opatz to the Chair.
Winter moved that the call of the House be suspended. The motion prevailed and it was so ordered.
Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 203.
S. F. No. 203 was reported to the House.
Wejcman moved to amend S. F. No. 203, the unofficial engrossment, as follows:
| Anderson, B. | Erhardt | Johnson, R. | Marko | Paulsen | Sviggum |
| Anderson, I. | Evans | Juhnke | McCollum | Paymar | Swenson, D. |
| Bakk | Farrell | Kahn | McElroy | Pelowski | Swenson, H. |
| Bettermann | Finseth | Kelso | McGuire | Peterson | Tingelstad |
| Biernat | Folliard | Knoblach | Milbert | Pugh | Tomassoni |
| Boudreau | Garcia | Koppendrayer | Molnau | Rest | Tompkins |
| Bradley | Goodno | Koskinen | Mulder | Rhodes | Trimble |
| Broecker | Greenfield | Kraus | Mullery | Rifenberg | Tuma |
| Carlson | Greiling | Kubly | Munger | Rostberg | Tunheim |
| Chaudhary | Gunther | Kuisle | Murphy | Rukavina | Vickerman |
| Clark | Haas | Larsen | Ness | Schumacher | Weaver |
| Commers | Harder | Leighton | Nornes | Seagren | Wejcman |
| Daggett | Hasskamp | Leppik | Olson, E. | Seifert | Wenzel |
| Davids | Hausman | Lieder | Olson, M. | Sekhon | Westfall |
| Dawkins | Hilty | Long | Opatz | Skare | Westrom |
| Dehler | Huntley | Luther | Orfield | Skoglund | Winter |
| Delmont | Jaros | Macklin | Osskopp | Slawik | Wolf |
| Dempsey | Jefferson | Mahon | Osthoff | Smith | Workman |
| Dorn | Jennings | Mares | Otremba | Stanek | Spk. Carruthers |
| Entenza | Johnson, A. | Mariani | Ozment | Stang | |
Those who voted in the negative were:
| Abrams | Holsten | Kielkucki | Knight | Lindner | Solberg |
| Bishop | Kalis | Kinkel | Krinkie | Pawlenty | Van Dellen |
The bill was passed, as amended, and its title agreed to.
S. F. No. 349 was reported to the House.
Juhnke moved that S. F. No. 349 be returned to General Orders. The motion prevailed.
S. F. No. 737 was reported to the House.
Dorn moved that S. F. No. 737 be continued on Special Orders. The motion prevailed.
S. F. No. 1487 was reported to the House.
Anderson, I., moved that S. F. No. 1487 be continued on Special Orders. The motion prevailed.
S. F. No. 117 was reported to the House.
There being no objection, S. F. No. 117 was continued on Special Orders.
S. F. No. 1006 was reported to the House.
McGuire moved that S. F. No. 1006 be continued on Special Orders. The motion prevailed.
S. F. No. 199, A bill for an act relating to health; providing comprehensive regulation of mortuary science; providing for the disposition of dead bodies; establishing enforcement mechanisms; providing civil penalties; amending Minnesota Statutes 1996, sections 13.99, subdivision 52a; 52.04, subdivision 1; 116J.70, subdivision 2a; 145.423, subdivision 3; 169.71, subdivision 4; and 524.1-201; proposing coding for new law as Minnesota Statutes, chapter 149A; repealing Minnesota Statutes 1996, sections 145.14; 145.15; 145.16; 145.162; 145.163; 145.24; 149.01; 149.02; 149.03; 149.04; 149.05; 149.06; 149.08; 149.09; 149.10; 149.11; 149.12; 149.13; 149.14; and 149.15; Minnesota Rules, parts 4610.0400; 4610.0410; 4610.0700; 4610.0800; 4610.0900; 4610.1000; 4610.1100; 4610.1200; 4610.1300; 4610.1500; 4610.1550; 4610.1600; 4610.1700; 4610.1800; 4610.1900; 4610.2000; 4610.2200; 4610.2300; 4610.2400; 4610.2500; 4610.2600; and 4610.2700.
The bill was read for the third time and placed upon its final passage.
The question was taken on the passage of the bill and the roll was called. There were 130 yeas and 0 nays as follows:
Those who voted in the affirmative were:
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Journal of the House - 62nd Day - Saturday, May 17, 1997 - Top of Page 4983 |
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| Abrams | Erhardt | Kalis | Mariani | Pawlenty | Swenson, D. |
| Anderson, B. | Evans | Kelso | Marko | Paymar | Swenson, H. |
| Anderson, I. | Farrell | Kielkucki | McCollum | Pelowski | Tingelstad |
| Bakk | Finseth | Kinkel | McElroy | Peterson | Tomassoni |
| Bettermann | Folliard | Knight | McGuire | Pugh | Tompkins |
| Biernat | Garcia | Knoblach | Milbert | Rest | Trimble |
| Bishop | Goodno | Koppendrayer | Molnau | Rhodes | Tuma |
| Boudreau | Greenfield | Koskinen | Mulder | Rifenberg | Tunheim |
| Bradley | Greiling | Kraus | Mullery | Rostberg | Van Dellen |
| Broecker | Gunther | Krinkie | Munger | Rukavina | Vickerman |
| Carlson | Haas | Kubly | Murphy | Schumacher | Wagenius |
| Chaudhary | Harder | Kuisle | Ness | Seagren | Weaver |
| Clark | Hasskamp | Larsen | Nornes | Seifert | Wejcman |
| Commers | Hausman | Leighton | Olson, E. | Sekhon | Wenzel |
| Daggett | Holsten | Leppik | Olson, M. | Skare | Westfall |
| Davids | Huntley | Lieder | Opatz | Skoglund | Westrom |
| Dawkins | Jaros | Lindner | Orfield | Slawik | Winter |
| Dehler | Jefferson | Long | Osskopp | Smith | Wolf |
| Delmont | Jennings | Luther | Osthoff | Solberg | Workman |
| Dempsey | Johnson, A. | Macklin | Otremba | Stanek | Spk. Carruthers |
| Dorn | Johnson, R. | Mahon | Ozment | Stang | |
| Entenza | Juhnke | Mares | Paulsen | Sviggum | |
The bill was passed and its title agreed to.
Winter moved that the remaining bills on Special Orders for today be continued. The motion prevailed.
Winter moved that the bills on General Orders for today be continued. The motion prevailed.
LEGISLATIVE ADMINISTRATION
Winter, for the Committee on Rules and Legislative Administration, offered the following report and moved its adoption:
Be It Resolved by the House of Representatives of the State of Minnesota that, while it is adjourned until 1998, it retains the use of parking lots B, C, P, O and N, and the state office building parking ramp, for members and employees of the House of Representatives.
Be It Further Resolved that the Sergeant at Arms is directed to manage the use of the lots and ramp while the House of Representatives is adjourned.
The motion prevailed and the report was adopted.
Winter, for the Committee on Rules and Legislative Administration, offered the following report and moved its adoption:
Be It Resolved by the House of Representatives of the State of Minnesota that, while it is adjourned until 1998, the Chief Clerk under the direction of the Speaker shall maintain House facilities in the Capitol. The House Chamber, retiring room, hearing and conference rooms, and offices shall be set up and made ready for legislative use and reserved for the House and its committees. Those rooms may be reserved for uses by others that are not in conflict with the House's use.
Be It Further Resolved that the House Chamber, retiring room, and hearing rooms may be used by the Territorial Pioneers, YMCA Youth in Government, Girls' State, Young Leaders Organization, National Forensics League, and 4-H Leadership Conference.