Minnesota Legislature
HF 3890
1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/15/2016 09:20am
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A bill for an act
relating to state government; appropriating money for environment and natural
resources; modifying prior appropriations; modifying provisions to harvest wild
rice; establishing requirements for marine carbon monoxide detection devices;
modifying terms of certain committees, funds, and accounts; providing for
prescribed burns; modifying provisions for certain land sales and exchanges;
creating Aggregate Resources Task Force; providing appointments; providing
for certain water level control permit; requiring reports; amending Minnesota
Statutes 2014, sections 84.091, subdivision 2; 86B.005, by adding subdivisions;
88.01, by adding a subdivision; 88.22, subdivision 1; 93.0015, subdivision 3;
93.2236; 94.3495, subdivisions 2, 3, 7; Laws 2015, First Special Session chapter
4, article 3, section 3, subdivision 2; article 4, section 131; proposing coding
for new law in Minnesota Statutes, chapter 86B; repealing Minnesota Statutes
2014, section 116P.13.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.new text end
|
new text begin
The sums shown in the columns marked "Appropriations" are added to the
appropriations in Laws 2015, First Special Session chapter 4, or appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal year indicated for
each purpose. The figures "2016" and "2017" used in this article mean that the addition
to the appropriations listed under them are available for the fiscal year ending June 30,
2016, or June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second
year" is fiscal year 2017. Appropriations for fiscal year 2016 are effective the day
following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
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new text begin
Ending June 30 new text end |
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new text begin
2016 new text end |
new text begin
2017 new text end |
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Sec. 2. new text begin NATURAL RESOURCES
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
2,462,000 new text end |
new text begin
$ new text end |
new text begin
6,183,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2016 new text end |
new text begin
2017 new text end |
|
|
new text begin
General new text end |
new text begin
1,742,000 new text end |
new text begin
2,158,000 new text end |
|
new text begin
Natural Resources new text end |
new text begin
50,000 new text end |
new text begin
4,025,000 new text end |
|
new text begin
Game and Fish new text end |
new text begin
670,000 new text end |
new text begin
-0- new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Ecological and Water Resources
|
new text begin
-0- new text end |
new text begin
225,000 new text end |
||||
new text begin
$225,000 the second year is from the water
management account in the natural resources
fund for water appropriation monitoring,
modeling, and reporting for the Cold Spring
Creek area as required under this act. This
is a onetime appropriation and is available
until June 30, 2022.
new text end
new text begin Subd. 3. new text end
new text begin
Forest Management
|
new text begin
-0- new text end |
new text begin
-0- new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2016 new text end |
new text begin
2017 new text end |
|
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
(1,500,000) new text end |
|
new text begin
Natural Resources new text end |
new text begin
-0- new text end |
new text begin
1,500,000 new text end |
new text begin
$1,500,000 the second year is a reduction
from the general fund. This is a onetime
reduction.
new text end
new text begin
$1,500,000 the second year is from the
forest management investment account in the
natural resources fund. Of this amount, up to
$3,000 is for purposes of the report required
on public engagement regarding Sand Dunes
State Forest required under this act, and
up to $3,000 is for the report required on
prescribed burning required under this act.
This is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Parks and Trails Management
|
new text begin
-0- new text end |
new text begin
2,300,000 new text end |
||||
new text begin
$2,300,000 the second year is from the state
parks account in the natural resources fund.
This is a onetime appropriation.
new text end
new text begin Subd. 5. new text end
new text begin
Enforcement
|
new text begin
720,000 new text end |
new text begin
-0- new text end |
||||
new text begin
$670,000 the first year is from the game and
fish fund for aviation services. This is a
onetime appropriation.
new text end
new text begin
$50,000 the first year is from the water
recreation account in the natural resources
fund for implementation of Minnesota
Statutes, section 86B.532 established in this
act. This is a onetime appropriation.
new text end
new text begin Subd. 6. new text end
new text begin
Operations Support
|
new text begin
1,742,000 new text end |
new text begin
3,658,000 new text end |
||||
new text begin
$1,742,000 the first year and $3,658,000
the second year are for legal costs related
to the NorthMet mining project. Of this
amount, up to $143,000 the first year and
up to $1,289,000 the second year may be
transferred to other agencies for legal costs
associated with the NorthMet mining project.
This is a onetime appropriation and is
available until June 30, 2019.
new text end
Sec. 3. new text begin LEGISLATURE
|
new text begin
$ new text end |
new text begin
25,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
$25,000 the first year is from the Minnesota
future resources fund to the Legislative
Coordinating Commission for the Aggregate
Resources Task Force established in this
act. This is a onetime appropriation and is
available until June 30, 2018.
new text end
Sec. 4. new text begin ADMINISTRATION
|
new text begin
$ new text end |
new text begin
250,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
$250,000 the first year is from the state forest
suspense account in the permanent school
fund for the school trust lands director to
initiate real estate development projects
on school trust lands as determined by the
school trust lands director. This is a onetime
appropriation.
new text end
Sec. 5.
Laws 2015, First Special Session chapter 4, article 3, section 3, subdivision 2,
is amended to read:
Subd. 2.Land and Mineral Resources
|
6,461,000 |
5,521,000 |
||||
| Appropriations by Fund |
||
| 2016 |
2017 |
|
| General |
1,585,000 |
1,585,000 |
| Natural Resources |
3,332,000 |
3,392,000 |
| Game and Fish |
344,000 |
344,000 |
| Remediation |
1,000,000 |
-0- |
| Permanent School |
200,000 |
200,000 |
$68,000 the first year and $68,000 the
second year are for minerals cooperative
environmental researchdeleted text begin , of which $34,000
the first year and $34,000 the second year are
available only as matched by $1 of nonstate
money for each $1 of state money. The
match may be cash or in-kinddeleted text end .
$251,000 the first year and $251,000 the
second year are for iron ore cooperative
research. Of this amount, $200,000 each year
is from the minerals management account
in the natural resources fund. deleted text begin $175,000 the
first year and $175,000 the second year are
deleted text end deleted text begin available only as matched by $1 of nonstate
money for each $1 of state money. The match
may be cash or in-kind.deleted text end Any unencumbered
balance from the first year does not cancel
and is available in the second year.
$2,755,000 the first year and $2,815,000
the second year are from the minerals
management account in the natural resources
fund for use as provided in Minnesota
Statutes, section 93.2236, paragraph (c),
for mineral resource management, projects
to enhance future mineral income, and
projects to promote new mineral resource
opportunities.
$200,000 the first year and $200,000 the
second year are from the state forest suspense
account in the permanent school fund to
accelerate land exchanges, land sales, and
commercial leasing of school trust lands and
to identify, evaluate, and lease construction
aggregate located on school trust lands. This
appropriation is to be used for securing
long-term economic return from the
school trust lands consistent with fiduciary
responsibilities and sound natural resources
conservation and management principles.
Notwithstanding Minnesota Statutes, section
115B.20, $1,000,000 the first year is from
the dedicated account within the remediation
fund for the purposes of Minnesota Statutes,
section 115B.20, subdivision 2, clause (4),
to acquire salt lands as described under
Minnesota Statutes, section 92.05, within
Bear Head Lake State Park. This is a onetime
appropriation and is available until June 30,
2018.
ARTICLE 2
ENVIRONMENT AND NATURAL RESOURCES STATUTORY CHANGES
Section 1.
Minnesota Statutes 2014, section 84.091, subdivision 2, is amended to read:
Subd. 2.
License required; deleted text begin exceptiondeleted text end new text begin exemptionsnew text end .
(a) Except as provided in
deleted text begin paragraph (b)deleted text end new text begin this subdivisionnew text end , a person may not harvest, buy, sell, transport, or possess
aquatic plants without a license required under this chapter. A license shall be issued in
the same manner as provided under the game and fish laws.
(b) A resident under the age of 18 years may harvest wild rice without a license, if
accompanied by a person with a wild rice license.
new text begin
(c) Tribal band members who possess a valid tribal identification card from a
federally recognized tribe located in Minnesota are deemed to have a license to harvest
wild rice under this section.
new text end
Sec. 2.
Minnesota Statutes 2014, section 86B.005, is amended by adding a subdivision
to read:
new text begin Subd. 4a. new text end
new text begin Enclosed accommodation compartment. new text end
new text begin
"Enclosed accommodation
compartment" means one contiguous space, surrounded by boat structure, that contains
all of the following:
new text end
new text begin
(1) designated sleeping accommodations;
new text end
new text begin
(2) a galley area with sink; and
new text end
new text begin
(3) a head compartment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2014, section 86B.005, is amended by adding a subdivision
to read:
new text begin Subd. 4b. new text end
new text begin Enclosed occupancy compartment. new text end
new text begin
"Enclosed occupancy compartment"
means one contiguous enclosed space surrounded by boat structure that may be occupied
by a person.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2014, section 86B.005, is amended by adding a subdivision
to read:
new text begin Subd. 8a. new text end
new text begin Marine carbon monoxide detection system. new text end
new text begin
"Marine carbon monoxide
detection system" means a device or system that meets the requirements of the American
Boat and Yacht Council Standard A-24, July 2015, for carbon monoxide detection systems.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
new text begin
[86B.532] CARBON MONOXIDE DETECTION DEVICE
REQUIREMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Requirements. new text end
new text begin
(a) After May 1, 2017, no motorboat that has an
enclosed accommodation compartment may be operated on any waters of the state unless
the motorboat is equipped with a functioning marine carbon monoxide detection system
installed according to the manufacturer's instructions.
new text end
new text begin
(b) After May 1, 2017, no new motorboat that has an enclosed accommodation
compartment may be sold or offered for sale in Minnesota unless the motorboat is
equipped with a new functioning marine carbon monoxide detection system installed
according to the manufacturer's instructions.
new text end
new text begin Subd. 2. new text end
new text begin Boating safety courses. new text end
new text begin
All state-sponsored boating safety courses and all
boating safety courses that require state approval by the commissioner must incorporate
information about the dangers of being overcome by carbon monoxide poisoning while on
or behind a motorboat and how to prevent that poisoning.
new text end
new text begin Subd. 3. new text end
new text begin Carbon monoxide poisoning warning labels. new text end
new text begin
(a) After May 1, 2017,
no gasoline-powered motorboat that has an enclosed occupancy compartment may be
operated on any waters of the state unless labels warning of carbon monoxide dangers are
affixed in the vicinity of the aft reboarding/stern area and the steering station and in or
at the entrance to any enclosed occupancy compartment.
new text end
new text begin
(b) For a motorboat sold by a dealer, the dealer must ensure that specified warning
labels have been affixed before completion of the transaction.
new text end
new text begin
(c) Warning labels approved by the American Boat and Yacht Council, National
Marine Manufacturers Association, or the commissioner satisfy the requirements of this
section when installed as specified.
new text end
new text begin Subd. 4. new text end
new text begin License agents; distribution. new text end
new text begin
The commissioner shall mail the information
and labels to all motorboat owners of watercraft that are 21 feet and greater in length no later
than May 1, 2017. The commissioner must also provide license agents with informational
brochures and warning labels about the dangers of carbon monoxide poisoning while
boating. A license agent must make the brochure and labels available to motorboat owners
and make efforts to inform new owners of the requirement. The commissioner shall
highlight the new requirements on the watercraft renewal reminder postcard for three
consecutive three-year license cycles and in the Minnesota Boating Guide. The brochure
must instruct motorboat owners to place the labels according to subdivision 3 and inform
motorboat owners of carbon monoxide dangers of gasoline-powered generators.
new text end
new text begin Subd. 5. new text end
new text begin Safety warning. new text end
new text begin
A first violation of this section does not result in a
penalty, but is punishable only by a safety warning. A second or subsequent violation
is a petty misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2014, section 88.01, is amended by adding a subdivision to
read:
new text begin Subd. 28. new text end
new text begin Prescribed burn. new text end
new text begin
"Prescribed burn" means a fire that is intentionally
ignited, managed, and controlled by an entity meeting certification requirements established
by the commissioner for the purpose of managing vegetation. A prescribed burn that has
exceeded its prescribed boundaries and requires suppression action is considered a wildfire.
new text end
Sec. 7.
Minnesota Statutes 2014, section 88.22, subdivision 1, is amended to read:
Subdivision 1.
Imposition of restrictions.
(a) Road closure. When the
commissioner of natural resources shall determine that conditions conducive to wildfire
hazards exist in the wildfire areas of the state and that the presence of persons in the
wildlife areas tends to aggravate wildfire hazards, render forest trails impassable by
driving thereon during wet seasons and hampers the effective enforcement of state timber
trespass and game laws, the commissioner may by written order, close any road or trail
leading into any land used for any conservation purposes, to all modes of travel except
that considered essential such as residents traveling to and from their homes or in other
cases to be determined by the authorized forest officers assigned to guard the area.
(b) Burning ban. The commissioner may also, upon such determination, by written
order, suspend the issuance of permits for open firesnew text begin or prescribed burnsnew text end , revoke or suspend
the operation of a permit previously issued and, to the extent the commissioner deems
necessary, prohibit the building of all or some kinds of open fires new text begin or prescribed burns new text end in all
or any part of a wildfire area regardless of whether a permit is otherwise required; and the
commissioner also may, by written order, prohibit smoking except at places of habitation
or automobiles or other enclosed vehicles properly equipped with an efficient ash tray.
Sec. 8.
Minnesota Statutes 2014, section 93.0015, subdivision 3, is amended to read:
Subd. 3.
Expiration.
The committee expires June 30, deleted text begin 2016deleted text end new text begin 2026new text end .
Sec. 9.
Minnesota Statutes 2014, section 93.2236, is amended to read:
93.2236 MINERALS MANAGEMENT ACCOUNT.
(a) The minerals management account is created as an account in the natural
resources fund. Interest earned on money in the account accrues to the account. Money in
the account may be spent or distributed only as provided in paragraphs (b) and (c).
(b) If the balance in the minerals management account exceeds $3,000,000 on new text begin March
31, new text end June 30, new text begin September 30, or December 31, new text end the amount exceeding $3,000,000 must
be distributed to the permanent school fund, the permanent university fund, and taxing
districts as provided in section 93.22, subdivision 1, paragraph (c). The amount distributed
to each fund must be in the same proportion as the total mineral lease revenue received
in the previous biennium from school trust lands, university lands, and lands held by the
state in trust for taxing districts.
(c) Subject to appropriation by the legislature, money in the minerals management
account may be spent by the commissioner of natural resources for mineral resource
management and projects to enhance future mineral income and promote new mineral
resource opportunities.
Sec. 10.
Minnesota Statutes 2014, section 94.3495, subdivision 2, is amended to read:
Subd. 2.
Classes of land; definitions.
new text begin (a) new text end The classes of public land that may be
involved in an expedited exchange under this section are:
(1) Class 1 land, which for the purpose of this section is Class A land as defined in
section 94.342, subdivision 1deleted text begin , except for:deleted text end new text begin ;
new text end
deleted text begin
(i) school trust land as defined in section 92.025; and
deleted text end
deleted text begin
(ii) university land granted to the state by acts of Congress;
deleted text end
(2) Class 2 land, which for the purpose of this section is Class B land as defined in
section 94.342, subdivision 2; and
(3) Class 3 land, which for the purpose of this section is all land owned in fee by
a governmental subdivision of the state.
new text begin
(b) "School trust land" has the meaning given in section 92.025.
new text end
new text begin
(c) "University land" means land granted to the state by acts of Congress for
university purposes.
new text end
Sec. 11.
Minnesota Statutes 2014, section 94.3495, subdivision 3, is amended to read:
Subd. 3.
Valuation of land.
(a) In an exchange of Class 1 land for Class 2 or 3 land,
the value of all the land shall be determined by the commissioner of natural resourcesnew text begin ,
but the county board must approve the value determined for the Class 2 land, and the
governmental subdivision of the state must approve the value determined for the Class 3
landnew text end . In an exchange of Class 2 land for Class 3 land, the value of all the land shall be
determined by the county board of the county in which the land liesnew text begin , but the governmental
subdivision of the state must approve the value determined for the Class 3 landnew text end .
new text begin (b)new text end To determine the value of the land, the parties to the exchange may new text begin either (1)
new text end cause the land to be appraised, deleted text begin utilize the valuation process provided under section
84.0272, subdivision 3, or obtain a market analysis from a qualified real estate brokerdeleted text end new text begin or
(2) determine the value for each 40-acre tract or lot, or a portion thereof, using the most
current township or county assessment schedules for similar land types from the county
assessor of the county in which the lands are locatednew text end . Merchantable timber value deleted text begin mustdeleted text end
new text begin shouldnew text end be deleted text begin determined anddeleted text end considered in finalizing valuation of the lands.
deleted text begin (b) Alldeleted text end new text begin (c) Except for school trust lands and university lands, thenew text end lands exchanged
under this section shall be exchanged only for lands of at least substantially equal value.
For the purposes of this subdivision, "substantially equal value" has the meaning given
under section 94.343, subdivision 3, paragraph (b). No payment is due either party if the
landsnew text begin , other than school trust lands or university lands, new text end are of substantially equal value but
are not of the same value.
new text begin
(d) School trust lands and university lands exchanged under this section must be
exchanged only for lands of equal or greater value.
new text end
Sec. 12.
Minnesota Statutes 2014, section 94.3495, subdivision 7, is amended to read:
Subd. 7.
deleted text begin Reversionary interest;deleted text end Mineral and water power rights and other
reservations.
deleted text begin
(a) All deeds conveying land given in an expedited land exchange under
this section shall include a reverter that provides that title to the land automatically reverts
to the conveying governmental unit if:
deleted text end
deleted text begin
(1) the receiving governmental unit sells, exchanges, or otherwise transfers title of
the land within 40 years of the date of the deed conveying ownership; and
deleted text end
deleted text begin
(2) there is no prior written approval for the transfer from the conveying
governmental unit. The authority for granting approval is the commissioner of natural
resources for former Class 1 land, the county board for former Class 2 land, and the
governing body for former Class 3 land.
deleted text end
deleted text begin (b)deleted text end Class 1 land given in exchange is subject to the reservation provisions of section
94.343, subdivision 4. Class 2 land given in exchange is subject to the reservation
provisions of section 94.344, subdivision 4. County fee land given in exchange is subject
to the reservation provisions of section 373.01, subdivision 1, paragraph (g).
Sec. 13.
Laws 2015, First Special Session chapter 4, article 4, section 131, is amended
to read:
Sec. 131. SURPLUS STATE LAND SALES.
The school trust lands director shall identify, in consultation with the commissioner
of natural resources, at least $5,000,000 in state-owned lands suitable for salenew text begin or exchange
with school trust landsnew text end . The lands identified shall not be within a unit of the outdoor
recreation system under Minnesota Statutes, section 86A.05, an administrative site, or
trust land. The commissioner shall sell new text begin or exchange new text end at least $3,000,000 worth of lands
identified under this section by June 30, 2017. new text begin Land exchanged under this section may
be exchanged in accordance with Minnesota Statutes, section 94.3495. The value of
the surplus land exchanged shall serve as compensation to the permanent school fund
as provided under Minnesota Statutes, section 84.027, subdivision 18, paragraph (b).
Notwithstanding the restrictions on sale of riparian land and the public sale provisions
under Minnesota Statutes, sections 92.45, 94.09, and 94.10, the commissioner may
offer the surplus land, including land bordering public water, for public or private sale.
new text end Notwithstanding Minnesota Statutes, section 94.16, subdivision 3, or any other law to the
contrary, deleted text begin the amountdeleted text end new text begin an amount equal to 90 percentnew text end of the proceeds from the sale of lands
that exceeds the actual expenses of selling the lands must be deposited in the school trust
lands account and used to extinguish the school trust interest as provided under Minnesota
Statutes, section 92.83, on school trust lands that have public water access sites or old
growth forests located on them.new text begin Notwithstanding Minnesota Statutes, section 92.83, the
remaining ten percent of the proceeds must be used to fund transactional and legal work
associated with the Boundary Waters Canoe Area Wilderness land exchange and sale
projects under Minnesota Statutes, sections 92.80 and 92.82.
new text end
Sec. 14. new text begin AGGREGATE RESOURCES TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Creation; membership. new text end
new text begin
(a) The Aggregate Resources Task Force
consists of eight members appointed as follows:
new text end
new text begin
(1) the speaker of the house shall appoint four members of the house of representatives
to include two members of the majority party and two members of the minority party, with
one member being the chair of the committee with jurisdiction over aggregate mining; and
new text end
new text begin
(2) the senate Subcommittee on Committees of the Committee on Rules and
Administration shall appoint four members of the senate to include two members of the
majority party and two members of the minority party, with one member being the chair
of the committee with jurisdiction over aggregate mining.
new text end
new text begin
(b) The appointing authorities must make their respective appointments no later
than July 15, 2016.
new text end
new text begin
(c) The first meeting of the task force must be convened by the chairs of the house of
representatives and senate committees with jurisdiction over aggregate mining who will
serve as cochairs of the task force.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
The task force must study and provide recommendations on:
new text end
new text begin
(1) the Department of Natural Resources' and Metropolitan Council's aggregate
mapping progress and needs;
new text end
new text begin
(2) the effectiveness of recent aggregate tax legislation and the use of the revenues
collected by counties;
new text end
new text begin
(3) the use of state funds to preserve aggregate reserves; and
new text end
new text begin
(4) local land use and permitting issues, environmental review requirements, and the
impacts of other state regulations on aggregate reserves.
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
No later than January 15, 2018, the task force shall submit a
report to the chairs of the house of representatives and senate committees and divisions
with jurisdiction over aggregate mining and environment and natural resources finance
containing the findings of the study.
new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
new text begin
The Aggregate Resources Task Force expires 45 days after
the report and recommendations are delivered to the legislature or on June 30, 2018,
whichever date is earlier.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15. new text begin MARINE CARBON MONOXIDE DETECTORS; REPORT.
new text end
new text begin
The commissioner of natural resources shall submit a report to the legislature
by November 1, 2018. The report must outline any issues encountered relating
to implementation of Minnesota Statutes, section 86B.532, any changes to marine
manufacturing industry standards relating to carbon monoxide, the availability of plug-in
or battery-powered marine certified carbon monoxide detectors, and best practices in
preventing carbon monoxide poisoning relating to motorboat operation, including the
feasibility of requiring carbon monoxide detectors that are more sensitive in measuring
carbon monoxide than required in this act.
new text end
Sec. 16. new text begin PRESCRIBED BURN REQUIREMENTS; REPORT.
new text end
new text begin
The commissioner of natural resources, in cooperation with prescribed burning
professionals, nongovernmental organizations, and local and federal governments, must
develop criteria for certifying an entity to conduct a prescribed burn under a general
permit. The certification requirements must include training, equipment, and experience
requirements and include an apprentice program to allow entities without experience to
become certified. The commissioner must establish provisions for decertifying entities.
The commissioner must not require additional certification or requirements for burns
conducted as part of normal agricultural practices not currently subject to prescribed burn
specifications. The commissioner must submit a report with recommendations and any
legislative changes needed to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over environment
and natural resources by January 15, 2017.
new text end
Sec. 17. new text begin SAND DUNES STATE FOREST; REPORT.
new text end
new text begin
(a) Until July 1, 2017, the commissioner of natural resources shall not log, enter into
a logging contract, or otherwise remove trees for purposes of creating oak savanna in the
Sand Dunes State Forest. This paragraph does not prohibit work done under contracts
entered into before the effective date of this section or work on school trust lands.
new text end
new text begin
(b) By January 15, 2017, the commissioner must submit a report, prepared by
the Division of Forestry, to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over environment
and natural resources with the Division of Forestry's progress on collaborating with local
citizens and other stakeholders over the past year when making decisions that impact
the landscape, including forest conversions and other clear-cutting activities, and the
division's progress on other citizen engagement activities.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18. new text begin COLD SPRING WATER APPROPRIATION PERMITS; REPORT.
new text end
new text begin
(a) The commissioner of natural resources shall amend the city of Cold Spring's
water appropriation permit number 1976-3179 to allow an increase in the city's water
withdrawal of 100 million gallons per year from city wells 4, 5, and 6, provided a
combined reduction of ten million gallons per year is made from city well 3 or water
appropriations under the Cold Spring Brewing Company's permit number 1984-3211.
The city and Cold Spring Brewing Company must comply with all existing reporting
requirements and demonstrate that increased pumping does not result in violations of the
Safe Drinking Water Act. The increases under this section are available on an interim
basis, not to exceed five years, to allow the city to establish a new well field and long-term
water supply solution for the city and company.
new text end
new text begin
(b) The commissioner must conduct necessary monitoring of stream flow and water
levels and develop a groundwater model to determine the amount of water that can be
sustainably pumped in the area of Cold Spring Creek for area businesses, agriculture, and
city needs. Beginning July 1, 2017, the commissioner must submit an annual progress
report to the chairs and ranking minority members of the house of representatives and
senate committees and divisions with jurisdiction over environment and natural resources.
The commissioner must submit a final report by January 15, 2022.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19. new text begin WATER LEVEL CONTROL PERMIT FOR BIG LAKE; GRANT
COUNTY.
new text end
new text begin
Notwithstanding Minnesota Statutes, sections 103G.407 and 103G.408, the
commissioner of natural resources must issue a permit to the Bois de Sioux Watershed
District to allow Big Lake in Grant County to be maintained at an elevation of 1,073
feet from May 1 to October 1, and to be drawn down to an elevation of 1,072 feet prior
to the lake freezing.
new text end
Sec. 20. new text begin CITATION.
new text end
new text begin
Sections 2, 3, 4, 5, and 15 may be known and cited as "Sophia's Law."
new text end
Sec. 21. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2014, section 116P.13,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2018, and any funds remaining
in the Minnesota future resources fund on July 1, 2018, are transferred to the general fund.
new text end