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HF 2314

1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Committee Engrossment

1.1A bill for an act
1.2relating to environment and natural resources; appropriating money for
1.3environment and natural resources; modifying environmental assessment
1.4worksheet cost provisions; modifying payments in lieu of taxes; creating an
1.5account; modifying disposition of certain receipts;amending Minnesota Statutes
1.62008, sections 97A.061, subdivision 1; 103G.705, subdivision 2; 116D.045;
1.7477A.12, subdivision 1; Minnesota Statutes 2009 Supplement, section 357.021,
1.8subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 97A.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10
Section 1. SUMMARY OF APPROPRIATIONS.
1.11    The amounts shown in this section summarize direct appropriations, by fund, made
1.12in this act.
1.13
2010
2011
Total
1.14
General
$
(4,032,000)
$
(6,044,000)
$
(10,076,000)
1.15
Environmental
-0-
535,000
535,000
1.16
Game and Fish
-0-
250,000
250,000
1.17
Total
$
(4,032,000)
$
(5,259,000)
$
(9,291,000)

1.18
Sec. 2. APPROPRIATIONS.
1.19    The sums shown in the columns marked "Appropriations" are added to or, if shown
1.20in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 1, to
1.21the agencies and for the purposes specified in this act. The appropriations are from the
1.22general fund, or another named fund, and are available for the fiscal years indicated for
1.23each purpose. The figures "2010" and "2011" used in this act mean that the addition to
1.24or subtraction from the appropriation listed under them is available for the fiscal year
1.25ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
2.1reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
2.2day following final enactment.
2.3
APPROPRIATIONS
2.4
Available for the Year
2.5
Ending June 30
2.6
2010
2011

2.7
Sec. 3. POLLUTION CONTROL AGENCY
2.8
Subdivision 1.Total Appropriation
$
(535,000)
$
(630,000)
2.9
Appropriations by Fund
2.10
General
(535,000)
(1,165,000)
2.11
Environmental
-0-
535,000
2.12The appropriation additions or reductions
2.13for each purpose are shown in the following
2.14subdivisions.
2.15In order to leverage nonstate money or to
2.16address high priority needs identified by the
2.17commissioner, the commissioner may shift
2.18appropriations in Laws 2009, chapter 37,
2.19article 1, section 3, available in one fiscal
2.20year to the other fiscal year. Any adjustments
2.21made under this paragraph do not affect the
2.22agency base for the programs affected.
2.23
Subd. 2.Water
(392,000)
(456,000)
2.24
Appropriations by Fund
2.25
General
(392,000)
(991,000)
2.26
Environmental
-0-
535,000
2.27The commissioner shall recover the cost
2.28of attorney general services related to
2.29environmental assessment worksheets from
2.30the project proposers.
2.31$485,000 in 2011 is a reduction in the
2.32appropriation for general water program
2.33operations.
3.1$485,000 is appropriated from the
3.2environmental fund for attorney general
3.3costs in water program operations.
3.4$140,000 in 2010 and $304,000 in 2011 are
3.5reductions in the appropriations for the clean
3.6water partnership program.
3.7$152,000 in 2010 and $152,000 in 2011
3.8are reductions in the appropriations for the
3.9county feedlot grant program.
3.10$100,000 in 2010 is a reduction in the
3.11appropriation for stormwater compliance
3.12grants.
3.13$50,000 in 2011 is a reduction in the
3.14appropriation for grants to the Red River
3.15Watershed Management Board for the river
3.16watch program.
3.17$50,000 in 2011 is appropriated from the
3.18environmental fund for grants to the Red
3.19River Watershed Management Board for the
3.20river watch program.
3.21
3.22
Subd. 3.Environmental Assistance and
Cross-Media
(61,000)
(95,000)
3.23
Subd. 4.Administrative Support
(82,000)
(79,000)

3.24
Sec. 4. NATURAL RESOURCES
3.25
Subdivision 1.Total Appropriation
$
(2,501,000)
$
(3,184,000)
3.26
Appropriations by Fund
3.27
General
(2,501,000)
(3,434,000)
3.28
Game and Fish
-0-
250,000
3.29The appropriation additions or reductions
3.30for each purpose are shown in the following
3.31subdivisions.
3.32In order to leverage nonstate money, or to
3.33address high priority needs identified by the
4.1commissioner, the commissioner may shift
4.2appropriations in Laws 2009, chapter 37,
4.3article 1, section 4, available in one fiscal
4.4year to the other fiscal year. Any adjustments
4.5made under this paragraph do not affect the
4.6agency base for the programs affected.
4.7
Subd. 2.Lands and Minerals
(315,000)
(333,000)
4.8$124,000 in 2010 and $124,000 in 2011 are
4.9reductions in the appropriations for land and
4.10mineral resources management operations.
4.11$67,000 in 2010 and $85,000 in 2011 are
4.12reductions in the appropriations for the iron
4.13ore cooperative research program.
4.14$6,000 in 2010 and $6,000 in 2011 are
4.15reductions in the appropriations for minerals
4.16cooperative research.
4.17$115,000 in 2010 and $115,000 in 2011 are
4.18reductions in the appropriations for issuing
4.19mining permits in Laws 2009, chapter 88,
4.20article 12, section 22.
4.21$3,000 in 2010 and $3,000 in 2011 are
4.22reductions in the appropriations for minerals
4.23diversification.
4.24
Subd. 3.Water Resource Management
(447,000)
(533,000)
4.25$447,000 in 2010 and $447,000 in 2011 are
4.26reductions in the appropriations for water
4.27resource management operations.
4.28$60,000 in 2011 is a reduction in the
4.29appropriation for grants to the Mississippi
4.30Headwaters Board.
4.31$5,000 in 2011 is a reduction in the
4.32appropriation for the payment to the Leech
4.33Lake Band of Chippewa Indians.
5.1$10,000 in 2011 is a reduction in the
5.2appropriation for the construction of ring
5.3dikes.
5.4$11,000 in 2011 is a reduction in the
5.5appropriation for the Red River flood damage
5.6reduction grants.
5.7
Subd. 4.Forest Management
(815,000)
(665,000)
5.8
Appropriations by Fund
5.9
General
(815,000)
(915,000)
5.10
Game and Fish
-0-
250,000
5.11$617,000 in 2010 and $617,000 in 2011 are
5.12reductions in the appropriations for forest
5.13management.
5.14$82,000 in 2010 and $82,000 in 2011 are
5.15reductions in the appropriations to maintain
5.16forest management operations.
5.17$72,000 in 2010 and $72,000 in 2011
5.18are reductions in the appropriations for
5.19prevention, presuppression, and suppression
5.20costs of emergency firefighting.
5.21$14,000 in 2010 and $14,000 in 2011 are
5.22reductions in the appropriations for the
5.23FORIST system.
5.24$30,000 in 2010 and $130,000 in 2011 are
5.25reductions in the appropriations for grants to
5.26the Forest Resources Council.
5.27$250,000 in fiscal year 2011 is appropriated
5.28from the game and fish fund to maintain and
5.29expand the ecological classification system
5.30program on state forest lands. This is a
5.31onetime appropriation.
5.32
Subd. 5.Parks and Trails Management
(565,000)
(565,000)
6.1$490,000 in 2010 and $490,000 in 2011 are
6.2reductions in the appropriations for parks
6.3management.
6.4$75,000 in 2010 and $75,000 in 2011 are
6.5reductions in the appropriations for trails and
6.6waterways management.
6.7
Subd. 6.Fish and Wildlife Management
-0-
(400,000)
6.8$400,000 in 2011 is a reduction in the
6.9appropriation for wildlife health programs.
6.10
Subd. 7.Ecological Services
(213,000)
(188,000)
6.11$168,000 in 2010 and $168,000 in 2011
6.12are reductions in the appropriations for
6.13ecological services operations.
6.14$45,000 in 2010 and $20,000 in 2011 are
6.15reductions in the appropriations for the
6.16prevention of the spread of invasive species.
6.17
Subd. 8.Enforcement
(136,000)
(400,000)
6.18
Subd. 9.Operations Support
(10,000)
(100,000)

6.19
6.20
Sec. 5. BOARD OF WATER AND SOIL
RESOURCES
$
(884,000)
$
(1,145,000)
6.21$119,000 in 2010 and $119,000 in 2011
6.22are reductions in the appropriations for
6.23administration.
6.24$33,000 in 2010 and $33,000 in 2011 are
6.25reductions in the appropriations for Wetland
6.26Conservation Act oversight.
6.27$14,000 in 2010 and $14,000 in 2011
6.28are reductions in the appropriations for
6.29assistance to local drainage officials.
6.30$258,000 in 2010 and $251,000 in 2011 are
6.31reductions in the appropriations for natural
6.32resources block grants to local governments.
7.1$228,000 in 2010 and $228,000 in 2011 are
7.2reductions in the appropriations for general
7.3purpose grants to soil and water conservation
7.4districts.
7.5$32,000 in 2010 and $32,000 in 2011
7.6are reductions in the appropriations for
7.7cost-share feedlot grants.
7.8$105,000 in 2010 and $72,000 in 2011
7.9are reductions in the appropriations for
7.10cost-share grants.
7.11$67,000 in 2010 and $58,000 in 2011
7.12are reductions in the appropriations for
7.13cost-share grants to establish and maintain
7.14riparian vegetative buffers.
7.15$7,000 in 2010 and $7,000 in 2011 are
7.16reductions in the appropriations for county
7.17cooperative weed management programs.
7.18$7,000 in 2010 and $7,000 in 2011 are
7.19reductions in the appropriations for transfers
7.20to the Department of Natural Resources for
7.21enforcement of the Wetland Conservation
7.22Act.
7.23$7,000 in 2010 and $7,000 in 2011 are
7.24reductions in the appropriations for grants to
7.25local units of government in the 11-county
7.26metropolitan area for response to Wetland
7.27Conservation Act violations.
7.28$7,000 in 2010 and $7,000 in 2011 are
7.29reductions in the appropriations for cost-share
7.30grants for drainage records modernization.
7.31$90,000 in 2011 is a reduction in the
7.32appropriation for the grant to the Red River
7.33Basin Commission.
8.1$90,000 in 2011 is a reduction in the
8.2appropriation for the grant to the Minnesota
8.3River Basin Joint Powers Board.
8.4$130,000 in 2011 is a reduction in the
8.5appropriation for a grant to Area II,
8.6Minnesota River Basin Projects for flood
8.7plain management.
8.8Notwithstanding Minnesota Statutes,
8.9sections 103B.3369 and 103C.501, in order
8.10to leverage nonstate money or to address
8.11high priority needs identified by board
8.12resolution, the board may shift appropriations
8.13in Laws 2009, chapter 37, article 1, section
8.145, available in one fiscal year to the other
8.15fiscal year. Any adjustments made under this
8.16paragraph do not affect the agency base for
8.17the programs affected.

8.18
Sec. 6. METROPOLITAN COUNCIL
$
(112,000)
$
(300,000)
8.19$112,000 in 2010 and $300,000 in 2011
8.20are reductions in the appropriations for
8.21metropolitan parks and trails.

8.22
8.23
Sec. 7. TRANSFERS AND
CANCELLATIONS.
8.24
8.25
Subdivision 1.Department of Natural
Resources
8.26(a) The appropriation in Laws 2007, First
8.27Special Session chapter 2, article 1, section 5,
8.28for cost-share flood programs in southeastern
8.29Minnesota is reduced by $335,000 and that
8.30amount is canceled to the general fund.
8.31(b) The balance of surcharges on criminal and
8.32traffic offenders, estimated to be $900,000,
8.33and credited to the game and fish fund
8.34under Minnesota Statutes, section 357.021,
9.1subdivision 7, and collected prior to June 30,
9.22010, must be transferred to the general fund.
9.3(c) By June 30, 2010, the commissioner of
9.4management and budget shall transfer any
9.5remaining balance, estimated to be $98,000,
9.6from the stream protection and improvement
9.7fund under Minnesota Statutes, section
9.8103G.705, to the general fund. Beginning
9.9in fiscal year 2011, all repayment of loans
9.10made and administrative fees assessed under
9.11Minnesota Statutes, section 103G.705, must
9.12be transferred to the general fund.
9.13
Subd. 2.Board of Water and Soil Resources
9.14(a) The amounts appropriated from the
9.15returned grant accounts in the special revenue
9.16fund are reduced by $310,000, and that
9.17amount must be transferred to the general
9.18fund by June 30, 2011.
9.19(b) The appropriation in Laws 2008, chapter
9.20363, article 5, section 5, for cost-share
9.21flood work is reduced by $245,000, and that
9.22amount is canceled to the general fund.
9.23(c) The appropriation in Laws 2007, chapter
9.2457, article 1, section 5, for clean water legacy
9.25programs and grants is reduced by $775,000,
9.26and that amount is canceled to the general
9.27fund.
9.28(d) The appropriation in Laws 2007, First
9.29Special Session chapter 2, article 1, section 6,
9.30for cost-share flood programs in southeastern
9.31Minnesota is reduced by $553,000, and that
9.32amount is canceled to the general fund.

9.33    Sec. 8. Minnesota Statutes 2008, section 97A.061, subdivision 1, is amended to read:
10.1    Subdivision 1. Applicability; amount. (a) The commissioner shall annually make a
10.2payment to each county having public hunting areas and game refuges. Money to make
10.3the payments is annually appropriated for that purpose from the general fund. Except as
10.4provided in paragraph (b), this section does not apply to state trust fund land and other
10.5state land not purchased for game refuge or public hunting purposes. Except as provided
10.6in paragraph (b), the payment shall be 87 percent for fiscal year 2011 and 93.5 percent
10.7thereafter of the greatest of:
10.8(1) 35 percent of the gross receipts from all special use permits and leases of land
10.9acquired for public hunting and game refuges;
10.10(2) 50 cents per acre on land purchased actually used for public hunting or game
10.11refuges; or
10.12(3) three-fourths of one percent of the appraised value of purchased land actually
10.13used for public hunting and game refuges.
10.14(b) The payment shall be 50 percent of the dollar amount adjusted for inflation as
10.15determined under section 477A.12, subdivision 1, paragraph (a), clause (1), multiplied
10.16by the number of acres of land in the county that are owned by another state agency for
10.17military purposes and designated as a game refuge under section 97A.085.
10.18(c) The payment must be reduced by the amount paid under subdivision 3 for
10.19croplands managed for wild geese.
10.20(d) The appraised value is the purchase price for five years after acquisition.
10.21The appraised value shall be determined by the county assessor every five years after
10.22acquisition.

10.23    Sec. 9. [97A.072] PEACE OFFICER TRAINING ACCOUNT.
10.24    Subdivision 1. Account established; sources. The peace officer training account is
10.25created in the game and fish fund in the state treasury. Revenue from the portion of the
10.26surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7,
10.27clause (1), shall be deposited in the account and is appropriated to the commissioner.
10.28Money in the account may be spent only for the purposes provided in subdivision 2.
10.29    Subd. 2. Purposes of account. Money in the peace officer training account
10.30may only be spent by the commissioner for peace officer training for employees of the
10.31Department of Natural Resources who are licensed under sections 626.84 to 626.863
10.32to enforce game and fish laws.

10.33    Sec. 10. Minnesota Statutes 2008, section 103G.705, subdivision 2, is amended to read:
11.1    Subd. 2. Stream protection and improvement fund. There is established in the
11.2state treasury a stream protection and redevelopment fund. All repayments of loans
11.3made and administrative fees assessed under subdivision 1 must be deposited in this
11.4fund. Interest earned on money in the fund accrues to the fund and money in the fund
11.5is appropriated to the commissioner of natural resources for purposes of the stream
11.6protection and redevelopment program, including costs incurred by the commissioner to
11.7establish and administer the program. Beginning in fiscal year 2010, all repayments of
11.8loans made and administrative fees assessed under subdivision 1 must be transferred
11.9to the general fund. This includes any balance within the fund from repayments and
11.10administrative fees assessed prior to July 1, 2009.

11.11    Sec. 11. Minnesota Statutes 2008, section 116D.045, is amended to read:
11.12116D.045 ENVIRONMENTAL IMPACT STATEMENTS; REVIEW COSTS.
11.13    Subdivision 1. Assessment. (a) The board shall by rule adopt procedures to assess
11.14the proposer of a specific action for reasonable costs of preparing and distributing an
11.15environmental impact statement on that action required pursuant to section 116D.04.
11.16Such The costs shall be determined by the responsible governmental unit pursuant to the
11.17rules promulgated by the board.
11.18(b) A responsible government unit shall assess the proposer of a specific action for
11.19the reasonable costs of preparing and distributing an environmental assessment worksheet
11.20on that action required under section 116D.04 in accordance with Minnesota Rules, parts
11.214410.6100 and 4410.6200, except that a local unit of government is exempt from paying
11.22the equivalent of the first ten hours of the assessed reasonable costs of preparing and
11.23distributing the environmental assessment worksheet. This paragraph is not subject to the
11.24rulemaking provisions of chapter 14, and section 14.386 does not apply.
11.25    Subd. 2. Modification. In the event of a disagreement between the proposer of the
11.26action and the responsible governmental unit over the cost of an environmental impact
11.27statement or environmental assessment worksheet, the responsible governmental unit shall
11.28consult with the board, which may modify the cost or determine that the cost assessed by
11.29the responsible governmental unit is reasonable.
11.30    Subd. 3. Use of assessment. The responsible governmental unit shall assess the
11.31project proposer for reasonable costs in preparing and distributing the environmental
11.32impact statement or environmental assessment worksheet and the proposer shall pay the
11.33assessed cost to the responsible governmental unit. Money received under this subdivision
11.34by a responsible governmental unit may be retained by the unit for the same purposes.
12.1Money received by a state agency must be credited to a special account and is appropriated
12.2to the agency to cover the assessed costs incurred.
12.3    Subd. 4. Partial cost to be paid. No responsible governmental unit shall commence
12.4the preparation of an environmental impact statement or environmental assessment
12.5worksheet until at least one-half of the assessed cost of the environmental impact statement
12.6or environmental assessment worksheet is paid pursuant to subdivision 3. Other laws
12.7notwithstanding, no state agency may issue any permits for the construction or operation
12.8of a project for which an environmental impact statement or environmental assessment
12.9worksheet is prepared until the assessed cost for the environmental impact statement or
12.10environmental assessment worksheet has been paid in full.

12.11    Sec. 12. Minnesota Statutes 2009 Supplement, section 357.021, subdivision 7, is
12.12amended to read:
12.13    Subd. 7. Disbursement of surcharges by commissioner of management and
12.14budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
12.15management and budget shall disburse surcharges received under subdivision 6 and
12.16section 97A.065, subdivision 2, as follows:
12.17    (1) beginning July 1, 2010, one percent shall be credited to the peace officer training
12.18account in the game and fish fund and appropriated to the commissioner of natural
12.19resources to provide peace officer training for employees of the Department of Natural
12.20Resources who are licensed under sections 626.84 to 626.863, and who possess peace
12.21officer authority for the purpose of enforcing game and fish laws;
12.22    (2) 39 percent shall be credited to the peace officers training account in the special
12.23revenue fund; and
12.24    (3) 60 percent shall be credited to the general fund.
12.25    (b) The commissioner of management and budget shall credit $3 of each surcharge
12.26received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.
12.27    (c) In addition to any amounts credited under paragraph (a), the commissioner of
12.28management and budget shall credit $47 of each surcharge received under subdivision 6
12.29and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.
12.30    (d) If the Ramsey County Board of Commissioners authorizes imposition of the
12.31additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator
12.32in the Second Judicial District shall transmit the surcharge to the commissioner of
12.33management and budget. The $1 special surcharge is deposited in a Ramsey County
12.34surcharge account in the special revenue fund and amounts in the account are appropriated
13.1to the trial courts for the administration of the petty misdemeanor diversion program
13.2operated by the Second Judicial District Ramsey County Violations Bureau.

13.3    Sec. 13. Minnesota Statutes 2008, section 477A.12, subdivision 1, is amended to read:
13.4    Subdivision 1. Types of land; payments. (a) As an offset for expenses incurred by
13.5counties and towns in support of natural resources lands, 87 percent for fiscal year 2011
13.6and 93.5 percent thereafter of the following amounts are annually appropriated to the
13.7commissioner of natural resources from the general fund for transfer to the commissioner
13.8of revenue. The commissioner of revenue shall pay the transferred funds to counties as
13.9required by sections 477A.11 to 477A.145. The amounts are:
13.10(1) for acquired natural resources land, $3, as adjusted for inflation under section
13.11477A.145 , multiplied by the total number of acres of acquired natural resources land or,
13.12at the county's option three-fourths of one percent of the appraised value of all acquired
13.13natural resources land in the county, whichever is greater;
13.14(2) 75 cents, as adjusted for inflation under section 477A.145, multiplied by the
13.15number of acres of county-administered other natural resources land;
13.16(3) 75 cents, as adjusted for inflation under section 477A.145, multiplied by the total
13.17number of acres of land utilization project land; and
13.18(4) 37.5 cents, as adjusted for inflation under section 477A.145, multiplied by the
13.19number of acres of commissioner-administered other natural resources land located in
13.20each county as of July 1 of each year prior to the payment year.
13.21(b) The amount determined under paragraph (a), clause (1), is payable for land
13.22that is acquired from a private owner and owned by the Department of Transportation
13.23for the purpose of replacing wetland losses caused by transportation projects, but only
13.24if the county contains more than 500 acres of such land at the time the certification is
13.25made under subdivision 2.