HF 3200

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying contractual and grant agreement
provisions; excepting the electronic licensing system commission from certain
standing appropriations; modifying snowmobile state trail sticker requirements;
designating a state trail; modifying invasive species provisions; modifying
certain state trail descriptions; modifying certain definitions; modifying water
use surcharge provisions; modifying water aeration safety provisions; amending
Minnesota Statutes 2004, sections 84.026; 84.0911, as amended; 84.8205,
subdivision 2, by adding a subdivision; 84D.01, subdivisions 9a, 13, 15, 16;
84D.02, subdivision 2; 85.015, subdivisions 7, 8, 11, by adding a subdivision;
97A.015, subdivision 18; 103G.611, by adding a subdivision; Minnesota Statutes
2005 Supplement, sections 84.8205, subdivision 1; 85.015, subdivision 5; 88.17,
subdivision 5; 103G.271, subdivision 6; repealing Minnesota Statutes 2004,
section 103G.611, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 84.026, is amended to read:

84.026 CONTRACTS AND GRANTS FOR PROVISION OF NATURAL
RESOURCES SERVICES.

new text begin Subdivision 1. new text end

new text begin Contracts. new text end

The commissioner of natural resources is authorized
to enter into contractual deleted text begin or grant deleted text end agreements with any public or private entity for the
provision of statutorily prescribed natural resources services by deleted text begin or for deleted text end the department.
The contracts deleted text begin or grants deleted text end shall specify the services to be provided deleted text begin and, where services are
being provided for the department, the amount and method of payment after services
are rendered deleted text end . Funds generated in a contractual agreement made pursuant to this section
shall be deposited in the special revenue fund and are appropriated to the department for
purposes of providing the services specified in the contracts. deleted text begin All contractual and grant
agreements shall be processed in accordance with the provisions of section 16C.05. deleted text end The
commissioner shall report revenues collected and expenditures made under this deleted text begin section deleted text end new text begin
subdivision new text end to the chairs of the Committees on Ways and Means in the house and Finance
in the senate by January 1 of each odd-numbered year.

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin The commissioner is authorized to enter into grant agreements for
the provision of statutorily prescribed natural resources services with any public or private
entity. The grant agreements shall specify the services to be provided to the department
and the amount and method of payment after services are rendered.
new text end

new text begin Subd. 3. new text end

new text begin Procurement law. new text end

new text begin All contractual and grant agreements under this section
shall be processed according to section 16C.05.
new text end

Sec. 2.

Minnesota Statutes 2004, section 84.0911, as amended by Laws 2005, First
Special Session chapter 1, article 2, section 17, is amended to read:

84.0911 WILD RICE MANAGEMENT ACCOUNT.

Subdivision 1.

Account established.

The wild rice management account is
established as an account in the game and fish fund.

Subd. 2.

Receipts.

Money received from the sale of wild rice licenses issued by the
commissioner under section 84.091, subdivision 3, paragraph (a), clauses (1), (3), and (4),
and subdivision 3, paragraph (b), deleted text begin except for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15, deleted text end shall be credited to
the wild rice management account.

Subd. 3.

Use of money in account.

new text begin Except for the electronic licensing system
commission established by the commissioner under section 84.027, subdivision 15,
new text end money in the wild rice management account is annually appropriated to the commissioner
and shall be used for management of designated public waters to improve natural wild
rice production.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 84.8205, subdivision 1, is
amended to read:

Subdivision 1.

Sticker required; fee.

A person may not operate a snowmobile on
a state or grant-in-aid snowmobile trail unless a snowmobile state trail sticker is affixed
to the snowmobile. The commissioner of natural resources shall issue a sticker upon
application and payment of deleted text begin a $15 deleted text end new text begin the new text end fee. The fee for new text begin an annual snowmobile state trail
sticker is $15, and the fee for new text end a three-year snowmobile state trail sticker that is purchased
at the time of snowmobile registration is $30. In addition to other penalties prescribed by
law, a person in violation of this subdivision must purchase an annual state trail sticker
for a fee of $30. The sticker is valid from November 1 through April 30. Fees collected
under this section, except for the issuing fee for licensing agents under this section and
for the electronic licensing system commission established by the commissioner under
section 84.027, subdivision 15, shall be deposited in the state treasury and credited to the
snowmobile trails and enforcement account in the natural resources fund and must be used
for grants-in-aid, trail maintenance, grooming, and easement acquisition.

Sec. 4.

Minnesota Statutes 2004, section 84.8205, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Exemptions. new text end

new text begin A snowmobile state trail sticker is not required under
this section for:
new text end

new text begin (1) a snowmobile owned by the state or political subdivisions under section 84.82,
subdivision 5;
new text end

new text begin (2) a snowmobile owned and used by the United States, another state, or a political
subdivision thereof under section 84.82, subdivision 6;
new text end

new text begin (3) a collector snowmobile under section 84.82, subdivision 7a; or
new text end

new text begin (4) a snowmobile being operated by a person on land that is owned by the person or
the person's immediate family.
new text end

Sec. 5.

Minnesota Statutes 2004, section 84.8205, subdivision 2, is amended to read:

Subd. 2.

Placement of sticker.

The state trail sticker shall be permanently affixed new text begin : new text end

new text begin (1) new text end to the forward half of the snowmobile directly above or below the headlight
of the snowmobile new text begin ;
new text end

new text begin (2) above the expiration year on the top portion of the snowmobile registration
validation decal; or
new text end

new text begin (3) to the lower right corner of a registration plate issued to a dealer or manufacturer
under section 84.82, subdivision 3 new text end .

Sec. 6.

Minnesota Statutes 2004, section 84D.01, subdivision 9a, is amended to read:

Subd. 9a.

Invasive species.

"Invasive species" means a nonnative species that
deleted text begin can naturalize and deleted text end :

(1) causes or may cause economic or environmental harm or harm to human health;
or

(2) threatens or may threaten natural resources or the use of natural resources in
the state.

Sec. 7.

Minnesota Statutes 2004, section 84D.01, subdivision 13, is amended to read:

Subd. 13.

Prohibited invasive species.

"Prohibited invasive species" means deleted text begin an
invasive deleted text end new text begin a nonnative new text end species that has been designated as a prohibited invasive species in a
rule adopted by the commissioner under section 84D.12.

Sec. 8.

Minnesota Statutes 2004, section 84D.01, subdivision 15, is amended to read:

Subd. 15.

Regulated invasive species.

"Regulated invasive species" means deleted text begin an
invasive deleted text end new text begin a nonnative new text end species that has been designated as a regulated invasive species in a
rule adopted by the commissioner under section 84D.12.

Sec. 9.

Minnesota Statutes 2004, section 84D.01, subdivision 16, is amended to read:

Subd. 16.

Transport.

"Transport" means to cause or attempt to cause a species to be
carried or moved into or within the state, and includes accepting or receiving the species
for transportation or shipment. Transport does not include the deleted text begin unintentional deleted text end transport
of new text begin infested water or new text end a species within a water of the state or to a connected water of the
state where the species being transported is already present.

Sec. 10.

Minnesota Statutes 2004, section 84D.02, subdivision 2, is amended to read:

Subd. 2.

Purple loosestrife new text begin , curly-leaf pondweed, new text end and Eurasian water milfoil
programs.

(a) The program required in subdivision 1 must include specific programs to
curb the spread and manage the growth of purple loosestrife new text begin , curly-leaf pondweed, new text end and
Eurasian water milfoil. These programs must include:

(1) compiling inventories and monitoring the growth of purple loosestrife and
Eurasian water milfoil in the state, for which the commissioner may use volunteers;

(2) publication and distribution of informational materials to boaters and lakeshore
owners;

(3) cooperative research with the University of Minnesota and other public and
private research facilities to study the use of nonchemical control methods, including
biological control methods; and

(4) managing the growth of Eurasian water milfoil new text begin , curly-leaf pondweed, new text end and purple
loosestrife in coordination with appropriate local units of government, special purpose
districts, and lakeshore associations, to include providing requested technical assistance.

(b) The commissioners of agriculture and transportation shall cooperate with the
commissioner to establish, implement, and enforce the purple loosestrife program.

Sec. 11.

Minnesota Statutes 2005 Supplement, section 85.015, subdivision 5, is
amended to read:

Subd. 5.

Glacial Lakes Trail, Kandiyohi, Pope, new text begin Stearns, new text end and Douglas Counties.

(a) The trail shall originate at Kandiyohi County Park on the north shore of Green Lake
in Kandiyohi County and thence extend northwesterly to Sibley State Park, thence
northwesterly to Glacial Lakes State Park in Pope County, thence northeasterly to Lake
Carlos State Park in Douglas County, and there terminate.

(b) deleted text begin Trails may be established that extend the Glacial Lakes Trail system from New
London to Cold Spring. deleted text end new text begin A segment shall be established beginning in the city of Willmar,
Kandiyohi County, and extending northeasterly into Stearns County.
new text end

(c) The trail shall be developed primarily for riding and hiking.

Sec. 12.

Minnesota Statutes 2004, section 85.015, subdivision 7, is amended to read:

Subd. 7.

Blufflands Trail system, Fillmore, Olmsted, Winona, and Houston
Counties.

(a) The Root River Trail shall originate at Chatfield in Fillmore County, and
thence extend easterly in the Root River Valley to the intersection of the river with
Minnesota Trunk Highway No. 26 in Houston County, and extend to the Mississippi River.

(b) Additional trails may be established that extend the Blufflands Trail system to
include La Crescent, Hokah, Caledonia, and Spring Grove in Houston County; Preston,
Harmony, Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in Fillmore
County; new text begin Rochester, new text end Dover, Eyota, Stewartville, Byron, and Chester Woods County Park in
Olmsted County; and Winona, Minnesota City, Rollingstone, Altura, Lewiston, Utica,
St. Charles, and Elba in Winona County. In addition to the criteria in section 86A.05,
subdivision 4, these trails must utilize abandoned railroad rights-of-way where possible.

(c) The trails shall be developed primarily for nonmotorized riding and hiking.

Sec. 13.

Minnesota Statutes 2004, section 85.015, subdivision 8, is amended to read:

Subd. 8.

Sakatah Singing Hills trail, Blue Earth, Le Sueur, and Rice Counties.

(a) The trail shall originate deleted text begin at mile post 4.1 of the Chicago and Northwestern Railway
Company right-of-way in the junction of Benning deleted text end new text begin in Mankato new text end , Blue Earth County, and
shall extend in a northeasterly direction new text begin on or new text end along the railroad right-of-way deleted text begin to mile post
46.01 of the Chicago and Northwestern Railway at a point commonly known as Faribault
Junction in deleted text end new text begin into new text end Rice County deleted text begin , a distance of approximately 42 miles, and there terminate deleted text end .

(b) The trail shall be developed primarily for riding and hiking. Motorized vehicles,
except snowmobiles, are prohibited from the trail.

Sec. 14.

Minnesota Statutes 2004, section 85.015, subdivision 11, is amended to read:

Subd. 11.

Willard Munger Trail, deleted text begin Ramsey, Anoka, Washington, deleted text end Chisago, Pine,
new text begin St. Louis, new text end and Carlton Counties.

(a) The trail shall deleted text begin originate in the vicinity of Arden
Hills, Ramsey County, and thence extend northeasterly, traversing Anoka and Washington
Counties to the vicinity of Taylors Falls in Chisago County; thence northwesterly and
northerly to St. Croix State Park in Pine County; thence northerly to Jay Cooke State Park
in Carlton County, and there terminate. deleted text end new text begin consist of three segments. One segment shall
originate in Chisago County and extend into Duluth in St. Louis County. One segment
shall originate at Hinckley in Pine County and extend through Moose Lake in Carlton
County to Duluth in St. Louis County. One segment shall originate in Carlton County at
Carlton and extend through Wrenshall to the Minnesota-Wisconsin border.
new text end

(b) The trail shall be developed primarily for riding and hiking.

(c) Additional deleted text begin trails deleted text end new text begin segments new text end shall be established that extend the Willard Munger
Trail to include Proctor new text begin , Duluth, new text end and Hermantown in St. Louis County.

Sec. 15.

Minnesota Statutes 2004, section 85.015, is amended by adding a subdivision
to read:

new text begin Subd. 25. new text end

new text begin Great River Ridge Trail, Wabasha and Olmsted Counties. new text end

new text begin The trail
shall originate in the city of Plainview in Wabasha County and extend southwesterly
through the city of Elgin in Wabasha County and the town of Viola in Olmsted County to
the Chester Woods Trail in Olmsted County.
new text end

Sec. 16.

Minnesota Statutes 2005 Supplement, section 88.17, subdivision 5, is
amended to read:

Subd. 5.

Permit fees.

(a) The annual fees for an electronic burning permit are:

(1) $5 for a noncommercial burning permit; and

(2) for commercial enterprises that obtain multiple permits, $5 per permit for each
burning site, up to a maximum of $50 per individual business enterprise per year.

(b) Except for the issuing fee under paragraph (c), deleted text begin and for the electronic licensing
system commission established by the commissioner under section 84.027, subdivision
15, deleted text end money received from permits issued under this section shall be deposited in the state
treasury and credited to the burning permit account and new text begin , except for the electronic licensing
system commission established by the commissioner under section 84.027, subdivision
15, new text end is annually appropriated to the commissioner of natural resources for the costs of
operating the burning permit system.

(c) Of the fee amount collected under paragraph (a), $1 shall be retained by the
permit agent as a commission for issuing electronic permits.

(d) Fire wardens who issue written permits may charge a fee of up to $1 for each
permit issued, to be retained by the fire warden as a commission for issuing the permit.
This paragraph does not limit a local government unit from charging an administrative fee
for issuing open burning permits within its jurisdiction.

Sec. 17.

Minnesota Statutes 2004, section 97A.015, subdivision 18, is amended to read:

Subd. 18.

Enforcement officer.

"Enforcement officer" means the commissioner, the
director of the Enforcement Division, new text begin or new text end a conservation officer deleted text begin , or a game refuge manager deleted text end .

Sec. 18.

Minnesota Statutes 2005 Supplement, section 103G.271, subdivision 6,
is amended to read:

Subd. 6.

Water use permit processing fee.

(a) Except as described in paragraphs
(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. The schedule is as follows, with the stated fee in each clause
applied to the total amount appropriated:

(1) $101 for amounts not exceeding 50,000,000 gallons per year;

(2) $3 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;

(3) $3.50 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but
less than 150,000,000 gallons per year;

(4) $4 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
than 200,000,000 gallons per year;

(5) $4.50 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but
less than 250,000,000 gallons per year;

(6) $5 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
than 300,000,000 gallons per year;

(7) $5.50 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but
less than 350,000,000 gallons per year;

(8) $6 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
than 400,000,000 gallons per year;

(9) $6.50 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but
less than 450,000,000 gallons per year;

(10) $7 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and

(11) $7.50 per 1,000,000 gallons for amounts greater than 500,000,000 gallons
per year.

(b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:

(1) for nonprofit corporations and school districts, $150 per 1,000,000 gallons; and

(2) for all other users, $300 per 1,000,000 gallons.

(c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.

(d) For water use processing fees other than once-through cooling systems:

(1) the fee for a city of the first class may not exceed $250,000 per year;

(2) the fee for other entities for any permitted use may not exceed:

(i) $50,000 per year for an entity holding three or fewer permits;

(ii) $75,000 per year for an entity holding four or five permits;

(iii) $250,000 per year for an entity holding more than five permits;

(3) the fee for agricultural irrigation may not exceed $750 per year;

(4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and

(5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.

(f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:

(1) there is no appropriation of water under the permit; or

(2) the permit is suspended for more than seven consecutive days between May 1
and October 1.

(g) A surcharge of $20 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in new text begin each of the months of new text end June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. new text begin The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.
new text end

Sec. 19.

Minnesota Statutes 2004, section 103G.611, is amended by adding a
subdivision to read:

new text begin Subd. 7. new text end

new text begin Public waters without access. new text end

new text begin A person who receives a permit to operate
an aeration system on a public water without a public access and who owns all of the
riparian land or all of the possessory rights to the riparian land around that water is not
subject to the provisions of subdivisions 2, paragraph (b), and 3.
new text end

Sec. 20. new text begin AGREEMENT; WABASHA COUNTY REGIONAL RAIL
AUTHORITY.
new text end

new text begin The commissioner of natural resources shall enter an agreement with the Wabasha
County Regional Rail Authority to maintain and develop the Great River Ridge Trail
as a state trail.
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 103G.611, subdivision 6, new text end new text begin is repealed.
new text end

Sec. 22. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 15 and 20 are effective the day after the governing body of the Wabasha
County Regional Rail Authority and its chief clerical officer timely complete their
compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.
new text end