Legislative Session number- 87

Bill Name: SF1115

4E Relating to natural resources; clarifying that only the department of
agriculture has the authority to regulate the terrestrial application of
pesticides; defining biobutano and biobutanol facility for the purpose of the
agricultural growth, research, and innovation (AGRI) program and environmental
review requirements; allowing for the acquisition of state scientific and
natural areas (SNAs) by exchange; removing a reference to a former requirement
to develop a master plan for SNAs; eliminating the requirement that the
commissioner of natural resources (DNR) prescribe seasons for off-highway
vehicle use on state forest lands; providing an option of dual registration for
an off-highway motorcycle (OHM), providing for registration with both the
departments of natural resources and public safety as a motorcycle; creating an
off-road vehicle (ORV) trail pass requirement for nonresidents who use state or
grant-in-aid trails; increasing the allowed engine displacement for an
all-terrain vehicle (ATV) to 1,000 cubic centimeters; providing for the
authority for an online option for ATV safety training courses and directing the
commissioner to set the course fees based on what it costs to provide the
service; clarifying passenger limitations on all-terrain vehicles and adding
authorization for a person aged 12 to 17 to operate a class 1 all-terrain
vehicle carrying only one passenger, and the passenger must be the parent or
legal guardian; defining decontaminate for the purpose of the invasive species
law; modifying the definition of introduce for the purpose of the invasive
species law to clarify that it does not include the return to the water from
which it was removed and the seasonal return of water-related equipment;
defining inspect and inspector for the purpose of the invasive species law;
defining service provider for the purpose of the invasive species law; modifying
the definition of transport for the purpose of the invasive species law to
clarify that is does not include the movement of water-related equipment to the
shore and back to the water; defining water-related equipment for the purpose of
the invasive species law; modifying the definition of wild animal to
cross-reference with the definition in the game and fish laws; combining the
report on additional measures to control invasive species with the annual report
required to be prepared by the DNR; adding waters with certifiable fish diseases
as prohibited from taking wild animals for bait or aquatic farming purposes,
prohibiting equipment authorized for minnow harvest in infested waters to be
used in any waters that are not specified in the permit; specifying that all
equipment used for commercial fishing in infested waters must be tagged as
specified by the commissioner of natural resources and may not be used in waters
not designated as infested; exempting equipment used in Lake Superior from the
tagging requirement and requiring aquatic life taken from waters for transport
or stocking to be kept in a holding facility for ten hours; extending the
prohibition on the transport of aquatic macrophytes beyond public roads;
exempting the removal of water-related equipment at a water access site for the
purpose of cleaning off the aquatic macrophyte; clarifying the existing
prohibition that applies to aquatic plant harvesting or control equipment;
extending the existing authority for removal and containment to all
water-related equipment and adding the authority to prohibit the placing of
water-related equipment with aquatic macrophytes or prohibited invasive species
into waters; allowing inspectors who are not licensed peace officers to enforce
removal and prohibition requirements; extending the current requirement for
draining watercraft to all water-related equipment; removing the exemption for
portable bait containers, unless they are being used by a licensed aquatic farm
from the requirement; providing that compliance inspections are a condition of
operating or transporting water-related equipment and allowing inspectors to
prohibit launching the equipment when an individual refuses an inspection;
providing for the training and authorization of aquatic invasive species
inspectors and allowing inspectors to inspect water-related equipment; providing
for conservation officers or licensed peace officers to inspect watercraft
stopped at a water access site or at a check station; requiring individuals who
install or remove water-related equipment for hire to obtain a permit from the
DNR; setting permit cost fee and length of permit validity and requiring the
permittee to complete AIS training; requiring persons working for permittees to
complete AIS training; requiring persons working for bait harvesters to complete
training on AIS; expanding the misdemeanor criminal penalty to include all of
the statutory requirements in the invasive species law; expanding the gross
misdemeanor penalty for disobeying an order to remove invasive species from
aquatic macrophytes to a conservation or peace officer to all water-related
equipment; updating provisions relating to civil citations to include all
water-related equipment and the removal of plugs and opening of valves; allowing
the unit of government employing the officer to retain civil penalties;
providing for the deposit of the fees charged for service provider permits into
the invasive species account; prohibiting the use of all-terrain vehicle (ATV)
and off-highway motorcycle (OHM) trails by other vehicles throughout the year;
requiring recipients of regional trail grants to provide a nonstate cash match
of at least 25 percent, instead of 50 percent; requiring recipients of trail
connection grants to provide a nonstate cash match of at least 25 percent,
instead of 50 percent; naming the Cedar River as one of the state water trails;
requiring an AIS rule decal to be attached to all watercraft so that it is in
full view of the operator; making a violation of the AIS rule decal requirements
a petty misdemeanor; providing that the certificate of title will be mailed to
the owner; providing for the duplicate certificate of title issuance to the
owner; providing that a secured party will be notified that an owner has created
a security interest in the watercraft and that the security interest does not
affect the rights of the first secured party; requiring that net revenue from
leases on school and university trust lands must be deposited into the
respective permanent fund; modifying the membership of the mineral coordinating
committee to include the commissioner of the Minnesota pollution control agency
and an individual representing labor appointed by the governor for a four-year
term; extending the term of the mineral coordinating committee another 5 years
to 2016; reforming the citizen oversight committees for the game and fish fund
to include a fishing oversight committee and a wildlife oversight committee with
at least ten members appointed by the commissioner of natural resources;
creating an adopt-a-wildlife management area program; allowing the commissioner
of natural resources to require decontamination of boats at fishing tournaments
on infested waters; allowing White Bear Lake conservation district to set
service fees; removing specific purposes for the clean water partnership (CWP)
program, the remaining purposes for the program will be control of water
pollution and the implementation of federal laws controlling nonpoint source
pollution; modifying the definition of project to broaden the term for the
purposes of the CWP program to include the identification of water pollution and
its causes and to protect and improve water quality; broadening the purpose of
the CWP grants to include all projects; increasing the cap on use of the state
revolving fund for CWP loans to $50 million; broadening the eligibility for the
CWP program to include approved projects identified in total maximum daily load
(TMDL) plans and watershed protection and restoration strategy implementation
plans; broadening the local involvement requirements for a proposal to include
any local stakeholders and removing the requirement that the proposal is
consistent with statewide water quality management plans; removing specific
project language and references to projects; eliminating a reference to the
environmental quality board (EQB) coordination on nonpoint source pollution and
a requirement for an evaluation of the CWP program and recommendations to the
legislature for improvements to the CWP program; adding the that the department
of natural resources (DNR) is defined as the local government unit for wetland
banking projects solely for a permit to mine; defining electronic transmission
for the purpose of the wetland conservation act (WCA); allowing contractors
working for a property owner to submit information electronically to a local
government unit on draining or filling wetlands; providing that the wetland
replacement ratios under a permit to mine will be based on the Great Lakes and
Rainy River watersheds being considered as a single watershed; clarifying and
simplifying the sitting requirements for wetlands and allowing wetlands in an
area with 50 to 80 percent of the presettlement wetlands intact to be replaced
in an area with less that 50 percent of the presettlement wetlands intact;
allowing notice to be sent by electronic transmission, removing appeals of
boundary or type determinations to local government units, and providing that
the boundary or type determinations are valid for five years; allowing the
notice of application for wetland replacement to be sent by electronic
transmission and makes the general law for the timing of local permits apply to
the notice; allowing the notice for a wetland replacement decision to be sent by
electronic transmission; allowing esquencing to be appealed to the board of
water and soil resources (BWSR); allowing appeals to be noticed by electronic
transmission; providing for the appeal of restoration and replacement orders;
allowing BWSR to establish wetland banking fees for single-user or other
dedicated wetland banking accounts; removing the requirement that a wetland
subject to a conservation easement must be owned by the state or a local
government unit, providing an exception for a wetland subject to a conservation
easement that was paid for with public money; allowing notices and other
documents under the WCA to be sent by electronic transmission, unless the person
has specified that mailing is preferred; providing for the governing body of a
municipality rather than the mayor to file to demand a hearing over a public
waters work permit; providing that an aquatic plant management permit expires on
December 31, unless a different expiration is included in the permit or rule;
allowing the DNR to waive the required signatures for approval of an invasive
plant management permit when the requirement would create an undue burden or
when aquatic plant control is necessary to protect natural resources; clarifying
the limited authority for the PCA to issue permits for the aquatic application
of pesticides; providing that a county does not need to adopt a subsurface
sewage treatment system (SSTS) ordinance if all cities and towns within the
county have the ordinances; adding composting to the definition of recyclable
materials and requiring that they are sent to the appropriate facility; allowing
the PCA more flexibility in delisting and selling land that is in the closed
landfill cleanup program; providing for state agency coordination of
environmental permits when permits are required by multiple state or federal
agencies and a state agency is the responsible governmental unit for
environmental review of the project; eliminating the separate category for
mandatory environmental assessment worksheets for expansion of ethanol plants,
conversion of an ethanol plant to biobutanol production, or the expansion of a
biobutanol facility; increasing the number of petitioners required for an EAW to
100 and requiring that the petitioners reside or own property within the state;
defining motor vehicle in the vehicle registration chapter to include an
off-highway motorcycle modified to meet chapter 169 vehicle requirements; adding
utility task vehicles to provisions relating to ATVs and other vehicles and
making technical changes related to ATVs; allowing an exemption for sale of
oxygenated gasoline requirements for research and development of recreational
vehicles; eliminating a restriction that county park fees cannot be more than
state park fees; allowing local governments another two years to February 4,
2014, for adoption of the PCA rule changes on SSTS; eliminating the repeal of
the ethanol definitions; directing the DNR to complete a report on shallow lakes
management by January 1, 2012; authorizing a five-year permit for water
withdrawal of up to 150 million gallons per year for snowmaking in Cook County;
requiring the PCA to amend rules on solid waste facilities to provide a permit
term of ten years; directing the DNR to designate a bridge on the Paul Bunyan
Trail as the Terry McGaughey memorial bridge and put up signs on the bridge with
the designation; directing the commissioner of natural resources to provide
access across state lands through an easement or lease to Camp Five township;
providing that prior to August 1, 2013, the requirement to have an AIS rule
decal attached to all watercraft in full view of the operator will be punishable
only by a warning; directing the DNR to report by January 15, 2012, on the
long-term funding needed for invasive species laws; directing the revisor of
statutes to change references to the CWP program to reflect the repeal of a
section under this ac; repealing provisions relating to prairie and grassland
definitions, existing provision on AIS inspections, Blakely state wayside, the
15-day waiting period for the issuance of a new watercraft title on a duplicate
title, the definition of official controls, statewide resource assessment,
general eligibility requirements, and public agency coordination.
(ra)