Minnesota Legislature
SF 1115
4th Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 02:51pm
Current Version - 4th Engrossment
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33
2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8
3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17
3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26
3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2
4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15
4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33
4.34
5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6
6.7 6.8 6.9 6.10 6.11
6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10
7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19
7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27
7.28 7.29
7.30 7.31 7.32 8.1 8.2 8.3 8.4 8.5
8.6 8.7
8.8 8.9 8.10 8.11 8.12 8.13
8.14 8.15
8.16 8.17 8.18 8.19 8.20
8.21 8.22
8.23 8.24 8.25 8.26 8.27 8.28
8.29 8.30
9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11
9.12 9.13
9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22
9.23 9.24
9.25 9.26 9.27 9.28
9.29 9.30
9.31 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13
10.14 10.15
10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31
10.32 10.33
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 11.36
12.1 12.2
12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30
12.31 12.32
12.33 13.1 13.2 13.3 13.4
13.5 13.6
13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22
13.23 13.24
13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12
14.13 14.14
14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6
15.7 15.8
15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25
15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33
16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11
16.12 16.13
16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28
16.29 16.30
16.31 16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19
17.20 17.21
17.22 17.23 17.24 17.25 17.26
17.27 17.28
17.29 17.30 17.31 17.32 17.33 18.1 18.2
18.3 18.4
18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13
18.14 18.15
18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23
18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 19.1 19.2
19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13
19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25
19.26 19.27 19.28 19.29 19.30
19.31 19.32 20.1 20.2 20.3 20.4
20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13
20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22
20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32
21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20
21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 22.1 22.2
22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17
22.18 22.19 22.20
22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 23.35 23.36 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8
24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23
24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31
24.32 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 25.36 26.1 26.2 26.3 26.4
26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22
26.23 26.24 26.25 26.26 26.27 26.28 26.29
26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5 27.6
27.7 27.8 27.9 27.10 27.11 27.12 27.13
27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 28.1 28.2 28.3 28.4 28.5
28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34
29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20
29.21 29.22 29.23 29.24 29.25 29.26 29.27
29.28 29.29 29.30 29.31 29.32 29.33 29.34 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20
30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 30.35
31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11
31.12 31.13 31.14 31.15 31.16 31.17 31.18
31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9
32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 33.36 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 34.36 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 35.36 36.1 36.2
36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26
37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17
38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 39.1 39.2 39.3 39.4 39.5
39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13
39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19
40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30
40.31 40.32 40.33 40.34 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11
41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22
41.23 41.24 41.25 41.26
41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9
42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22
42.23 42.24
42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13
43.14 43.15
43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30
43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7
44.8 44.9 44.10 44.11 44.12 44.13 44.14
44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25
44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4
45.5
45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13
45.14
45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23
45.24
45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3
46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 47.35 47.36 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 48.36 49.1 49.2 49.3 49.4
49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27
49.28
49.29 49.30 49.31 49.32 49.33 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10
50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22
50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30
50.31 51.1 51.2 51.3
51.4 51.5 51.6 51.7 51.8 51.9 51.10
51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18
51.19 51.20 51.21 51.22 51.23 51.24
51.25 51.26 51.27 51.28 51.29 51.30 51.31
52.1 52.2 52.3 52.4 52.5
52.6
52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24
52.25 52.26 52.27 52.28
52.29 52.30 52.31 52.32 52.33 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9
53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22
53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31
53.32 54.1 54.2 54.3
54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14
54.15 54.16 54.17 54.18
54.19 54.20 54.21 54.22 54.23 54.24 54.25
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54.30 55.1 55.2 55.3 55.4
55.5
A bill for an act
relating to natural resources; modifying pesticide control; providing for certain
acquisition by exchange; modifying peatland protection; modifying fees
and fee disposition; modifying invasive species provisions; modifying cash
match requirement for local recreation grants; modifying state water trails and
waysides; modifying Mineral Coordinating Committee; providing for citizen
oversight committees; creating adopt-a-WMA program; modifying definitions;
modifying operating provisions for certain recreational vehicles; providing for
dual registration of certain motorcycles; requiring nonresident off-road vehicle
state trail pass; modifying watercraft titling; modifying special vehicle use on
roadways; modifying oxygenated gasoline requirements; modifying Water Law;
modifying certain local ordinance requirements; modifying waste management
provisions; modifying landfill cleanup program; modifying environmental
review requirements; modifying disposition of certain lease revenue; providing
for certain easement or lease; providing for bridge designation; requiring
rulemaking; requiring reports; appropriating money; amending Minnesota
Statutes 2010, sections 17.117, subdivision 6a; 18B.03, subdivision 1, as
amended; 41A.105, by adding a subdivision; 84.033, subdivision 1; 84.035,
subdivision 6; 84.777, subdivision 2; 84.788, by adding a subdivision; 84.92,
subdivision 8; 84.925, subdivision 1; 84.9257; 84D.01, subdivisions 8a, 16,
21, by adding subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions 3,
4; 84D.09; 84D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a; 84D.13,
subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 2; 85.018, subdivision 5; 85.019,
subdivisions 4b, 4c; 85.32, subdivision 1; 86B.811, by adding a subdivision;
86B.825, subdivision 3; 86B.830, subdivision 2; 86B.850, subdivision 1;
86B.885; 89.17; 93.0015, subdivisions 1, 3; 97A.055, subdivision 4b; 97C.081,
subdivision 4; 103B.661, subdivision 2; 103F.705; 103F.711, subdivision 8;
103F.715; 103F.725, subdivisions 1, 1a; 103F.731, subdivision 2; 103F.735;
103F.741, subdivision 1; 103F.745; 103F.751; 103G.005, subdivision 10e, by
adding a subdivision; 103G.2212; 103G.222, subdivisions 1, 3; 103G.2242,
subdivisions 2a, 6, 7, 9, 14, by adding a subdivision; 103G.2251; 103G.311,
subdivision 5; 103G.615, subdivision 1, by adding a subdivision; 115.03, by
adding a subdivision; 115.55, subdivision 2; 115A.03, subdivision 25a; 115A.95;
115B.412, subdivision 8, by adding subdivisions; 116D.04, subdivision 2a, as
amended; 168.002, subdivision 18; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8;
239.791, by adding a subdivision; 398.33, subdivision 2; Laws 2010, chapter
361, article 4, section 73; Laws 2011, chapter 14, section 16; proposing coding
for new law in Minnesota Statutes, chapters 84; 84D; 86B; 97A; 103G; 116C;
repealing Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 6,
7, 8; 84D.02, subdivision 4; 85.013, subdivision 2b; 86B.850, subdivision 2;
103F.711, subdivision 7; 103F.721; 103F.731, subdivision 1; 103F.761.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 17.117, subdivision 6a, is amended to read:
Subd. 6a.
Review and ranking of applications.
(a) The commissioner shall chair
the a subcommittee established in section 103F.761, subdivision 2, paragraph (b), for
purposes of reviewing and ranking applications and recommending to the commissioner
allocation amounts. The subcommittee consists of representatives of the Departments of
Agriculture, Natural Resources, and Health; the Pollution Control Agency; the Board
of Water and Soil Resources; the Farm Service Agency and the Natural Resource
Conservation Service of the United States Department of Agriculture; the Association of
Minnesota Counties; the Minnesota Association of Soil and Water Conservation Districts;
and other agencies or associations the commissioner determines are appropriate.
(b) The subcommittee must use the criteria in clauses (1) to (9) as well as other
criteria it determines appropriate in carrying out the review and ranking:
(1) whether the proposed activities are identified in a comprehensive water
management plan or other appropriate local planning documents as priorities;
(2) the potential that the proposed activities have for improving or protecting
environmental quality;
(3) the extent that the proposed activities support areawide or multijurisdictional
approaches to protecting environmental quality based on defined watershed or similar
geographic areas;
(4) whether the activities are needed for compliance with existing environmental
laws or rules;
(5) whether the proposed activities demonstrate participation, coordination, and
cooperation between local units of government and other public agencies;
(6) whether there is coordination with other public and private funding sources
and programs;
(7) whether the applicant has targeted specific best management practices to resolve
specific environmental problems;
(8) past performance of the applicant in completing projects identified in prior
applications and allocation agreements; and
(9) whether there are off-site public benefits.
Sec. 2.
Minnesota Statutes 2010, section 18B.03, subdivision 1, as amended by Laws
2011, chapter 14, section 7, is amended to read:
Subdivision 1.
Administration by commissioner.
The commissioner shall
administer, implement, and enforce this chapter and the Department of Agriculture
is the lead state agency for the regulation of pesticides. The commissioner has the
sole regulatory authority over the terrestrial application of pesticides, including, but
not limited to, the application of pesticides to agricultural crops, structures, and other
nonaquatic environments. Except as provided in subdivision 3, a state agency other than
the Department of Agriculture shall not regulate or require permits for the terrestrial or
nonaquatic application of pesticides.
Sec. 3.
Minnesota Statutes 2010, section 41A.105, is amended by adding a subdivision
to read:
Subd. 1a.
Definitions.
For the purpose of this section:
(1) "biobutanol facility" means a facility at which biobutanol is produced; and
(2) "biobutanol" means fermentation isobutyl alcohol that is derived from
agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
forest products; or other renewable resources, including residue and waste generated
from the production, processing, and marketing of agricultural products, forest products,
and other renewable resources.
Sec. 4.
Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read:
Subdivision 1.
Acquisition; designation.
The commissioner of natural resources
may acquire by gift, lease, easement, exchange, or purchase, in the manner prescribed
under chapter 117, in the name of the state, lands or any interest in lands suitable and
desirable for establishing and maintaining scientific and natural areas. The commissioner
shall designate any land so acquired as a scientific and natural area by written order
published in the State Register and shall administer any land so acquired and designated as
provided by section 86A.05. Designations of scientific and natural areas are exempt from
the rulemaking provisions of chapter 14 and section 14.386 does not apply.
Sec. 5.
Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read:
Subd. 6.
Management plans.
The commissioner shall develop in consultation with
the affected local government unit a management plan for each peatland scientific and
natural area designated under section 84.036 in a manner prescribed by section 86A.09.
The management plan shall address recreational trails. In those peatland scientific
and natural areas where no corridor of disturbance was used as a recreational trail on or
before January 1, 1992, the plan may permit only one corridor of disturbance, in each
peatland scientific and natural area, to be used as a recreational motorized trail.
Sec. 6.
Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:
Subd. 2.
Off-highway vehicle seasonal restrictions.
(a) The commissioner shall
prescribe seasons for off-highway vehicle use on state forest lands. Except for designated
forest roads, a person must not operate an off-highway vehicle on state forest lands: (1)
outside of the seasons prescribed under this paragraph; or (2) during the firearms deer
hunting season in areas of the state where deer may be taken by rifle. This paragraph
does not apply to a person in possession of a valid deer hunting license operating an
off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
(b) The commissioner may designate and post winter trails on state forest lands
for use by off-highway vehicles.
(c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
managed by the commissioner under section 282.011.
Sec. 7.
Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision
to read:
Subd. 12.
Dual registration.
(a) An off-highway motorcycle registered under
this section may also be registered as a motorcycle under chapter 168 for use on public
roads and highways.
(b) If the off-highway motorcycle was not originally constructed primarily for use
on public roads and highways, the off-highway motorcycle must be equipped with mirrors
and a headlight, taillight, and horn and be otherwise modified as necessary to meet the
requirements of chapter 169, the safety standards of the National Traffic and Motor Safety
Act, Code of Federal Regulations, title 49, part 571, and the regulations adopted under
that federal act, for motorcycles regarding safety and acceptability to operate on public
roads and highways.
(c) An applicant for registration under chapter 168 must submit a form, prescribed
by the commissioner of public safety.
(d) For the purposes of this subdivision, off-highway motorcycle according to
section 84.787, subdivision 7, does not include a golf cart; mini truck; dune buggy; go-cart;
moped; pocket bike; gray market vehicle; or vehicle designed and used specifically for
lawn maintenance, agriculture, logging, or mining purposes.
EFFECTIVE DATE.
This section is effective January 1, 2012.
Sec. 8.
[84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
Subdivision 1.
Pass required; fee.
(a) A nonresident may not operate an off-road
vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a
nonresident off-road vehicle state trail pass sticker issued according to this section.
The pass must be viewable by a peace officer, a conservation officer, or an employee
designated under section 84.0835.
(b) The fee for an annual pass is $20. The pass is valid from January 1 through
December 31. The fee for a three-year pass is $30. The commissioner of natural resources
shall issue a pass upon application and payment of the fee. Fees collected under this
section, except for the issuing fee for licensing agents, shall be deposited in the state
treasury and credited to the off-road vehicle account in the natural resources fund and,
except for the electronic licensing system commission established by the commissioner
under section 84.027, subdivision 15, must be used for grants-in-aid to counties and
municipalities for off-road vehicle organizations to construct and maintain off-road
vehicle trails and use areas.
(c) A nonresident off-road vehicle state trail pass is not required for:
(1) an off-road vehicle that is owned and used by the United States, another state,
or a political subdivision thereof that is exempt from registration under section 84.798,
subdivision 2;
(2) a person operating an off-road vehicle only on the portion of a trail that is owned
by the person or the person's spouse, child, or parent; or
(3) a nonresident operating an off-road vehicle that is registered according to section
84.798.
Subd. 2.
License agents.
The commissioner may appoint agents to issue and
sell nonresident off-road vehicle state trail passes. The commissioner may revoke the
appointment of an agent at any time. The commissioner may adopt additional rules as
provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted
by the commissioner for accounting and handling of passes pursuant to section 97A.485,
subdivision 11. An agent shall promptly deposit and remit all money received from the
sale of the passes, exclusive of the issuing fee, to the commissioner.
Subd. 3.
Issuance of passes.
The commissioner and agents shall issue and sell
nonresident off-road vehicle state trail passes. The commissioner shall also make the
passes available through the electronic licensing system established under section 84.027,
subdivision 15.
Subd. 4.
Agent's fee.
In addition to the fee for a pass, an issuing fee of $1 per pass
shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for
passes issued by the commissioner shall be deposited in the off-road vehicle account in the
natural resources fund and retained for the operation of the electronic licensing system.
Subd. 5.
Duplicate passes.
The commissioner and agents shall issue a duplicate
pass to persons whose pass is lost or destroyed using the process established under section
97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident
off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.
Sec. 9.
Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
Subd. 8.
All-terrain vehicle or vehicle.
"All-terrain vehicle" or "vehicle" means a
motorized flotation-tired vehicle of not less than three low pressure tires, but not more than
six tires, that is limited in engine displacement of less than 960 1,000 cubic centimeters
and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.
Sec. 10.
Minnesota Statutes 2010, section 84.925, subdivision 1, is amended to read:
Subdivision 1.
Program established.
(a) The commissioner shall establish a
comprehensive all-terrain vehicle environmental and safety education and training
program, including the preparation and dissemination of vehicle information and safety
advice to the public, the training of all-terrain vehicle operators, and the issuance of
all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who
successfully complete the all-terrain vehicle environmental and safety education and
training course.
(b) For the purpose of administering the program and to defray a portion of the
expenses of training and certifying vehicle operators, the commissioner shall collect a fee
of $15 from each person who receives the training. The commissioner shall collect a fee,
to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle
safety certificate. The commissioner shall establish the fee for a duplicate all-terrain
vehicle safety certificate both fees in a manner that neither significantly overrecovers
nor underrecovers costs, including overhead costs, involved in providing the service
services. The fees are not subject to the rulemaking provisions of chapter 14 and section
14.386 does not apply. The fees may be established by the commissioner notwithstanding
section 16A.1283. Fee proceeds, except for the issuing fee for licensing agents under this
subdivision, shall be deposited in the all-terrain vehicle account in the natural resources
fund and the amount thereof, except for the electronic licensing system commission
established by the commissioner under section 84.027, subdivision 15, and issuing fees
collected by the commissioner, is appropriated annually to the Enforcement Division of
the Department of Natural Resources for the administration of the programs. In addition
to the fee established by the commissioner, instructors may charge each person up to the
established fee amount for class materials and expenses.
(c) The commissioner shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in furtherance of the
program established under this section. School districts may cooperate with the
commissioner and volunteer instructors to provide space for the classroom portion of the
training. The commissioner shall consult with the commissioner of public safety in regard
to training program subject matter and performance testing that leads to the certification
of vehicle operators. By June 30, 2003, The commissioner shall incorporate a riding
component in the safety education and training program.
Sec. 11.
Minnesota Statutes 2010, section 84.9257, is amended to read:
84.9257 PASSENGERS.
(a) A person 18 years of age or older may operate a class 1 all-terrain vehicle
carrying only one passenger.
(b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while
carrying a only one passenger, or up to the number of passengers for which the vehicle
was designed, whichever is greater.
(c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying
only one passenger and the passenger must be the person's parent or legal guardian.
Sec. 12.
Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:
Subd. 3a.
Decontaminate.
"Decontaminate" means to wash, drain, dry, or thermally
or otherwise treat water-related equipment in order to remove or destroy aquatic invasive
species using the "Recommended Uniform Minimum Protocols and Standards for
Watercraft Interception Programs for Dreissenid Mussels in the Western United States"
(September 2009) prepared for the Western Regional Panel on Aquatic Nuisance Species,
or other protocols developed by the commissioner.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 13.
Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read:
Subd. 8a.
Introduce.
"Introduce" means to place, release, or allow the escape of a
nonnative species into a free-living state. Introduce does not include:
(1) the immediate return of a nonnative species to waters of the state from which the
nonnative species was removed; or
(2) the seasonal return of nonnative species attached to water-related equipment,
such as a dock or boat lift, that has been stored on riparian property and directly returned
to the same waters of the state from which the water-related equipment was removed.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 14.
Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:
Subd. 8b.
Inspect.
"Inspect" means to examine water-related equipment to
determine whether aquatic invasive species, aquatic macrophytes, or water is present and
includes removal, drainage, decontamination, or treatment to prevent the transportation
and spread of aquatic invasive species, aquatic macrophytes, and water.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 15.
Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:
Subd. 8c.
Inspector.
"Inspector" means: (1) an individual trained and authorized by
the commissioner to inspect water-related equipment under section 84D.105, subdivision
2, paragraph (a); or (2) a conservation officer or a licensed peace officer.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 16.
Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:
Subd. 15a.
Service provider.
"Service provider" means an individual who
installs or removes water-related equipment or structures from waters of the state for
hire. "Service provider" does not include a person working under the supervision of an
individual with a valid service provider permit issued under section 84D.108.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 17.
Minnesota Statutes 2010, 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:
(1) the transport movement of infested water or a nonnative species within a water
of the state or to a connected water of the state where the species being transported is
already present.; or
(2) the movement of a nonnative species attached to water-related equipment or
other water-related structures from a water of the state to the shore of riparian property on
that water or the return of water-related equipment or structures from the shore into the
same water of the state.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 18.
Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision
to read:
Subd. 18a.
Water-related equipment.
"Water-related equipment" means a motor
vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or
any other associated equipment or container, including but not limited to portable bait
containers, live wells, ballast tanks except for those vessels permitted under the Pollution
Control Agency vessel discharge program, bilge areas, and water-hauling equipment that
is capable of containing or transporting aquatic invasive species, aquatic macrophytes,
or water.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 19.
Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read:
Subd. 21.
Wild animal.
"Wild animal" means a living creature, not human, wild by
nature, endowed with sensation and power of voluntary motion has the meaning given
under section 97A.015, subdivision 55.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 20.
Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read:
Subd. 6.
Annual report.
By January 15 each year, the commissioner shall submit a
report on invasive species of aquatic plants and wild animals to the legislative committees
having jurisdiction over environmental and natural resource issues. The report must
include:
(1) detailed information on expenditures for administration, education, management,
inspections, and research;
(2) an analysis of the effectiveness of management activities conducted in the state,
including chemical control, harvesting, educational efforts, and inspections;
(3) information on the participation of other state agencies, local government units,
and interest groups in control efforts;
(4) information on the progress made in the management of each species; and
(5) an assessment of future management needs and additional measures to protect
the state's water resources from human transport and introduction of invasive species.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 21.
Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read:
Subd. 3.
Bait harvest from infested waters.
(a) The Taking of wild animals from
infested waters for bait or aquatic farm purposes is prohibited, except as provided in
paragraph (b) and section 97C.341.
(b) In waters that are designated as infested waters, except those designated because
they contain prohibited invasive species of fish or certifiable diseases of fish, as defined
under section 17.4982, subdivision 6, the taking of wild animals may be permitted for:
(1) commercial taking of wild animals for bait and aquatic farm purposes according
to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and
(2) bait purposes for noncommercial personal use in waters that contain Eurasian
water milfoil, when the infested waters are designated solely because they contain
Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow
traps not exceeding 16 inches in diameter and 32 inches in length.
(c) Equipment authorized for minnow harvest in a designated infested water by
permit issued under paragraph (b) may not be transported to, or used in, any waters other
than waters specified in the permit.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 22.
Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read:
Subd. 4.
Commercial fishing and turtle, frog, and crayfish harvesting
restrictions in infested and noninfested waters.
(a) All nets, traps, buoys, anchors,
stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in
an infested water that is designated because it contains invasive fish, invertebrates, or
certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If
a commercial licensee operates in both an infested water designated because it contains
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, and other
waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in waters not designated as infested with invasive fish,
invertebrates, or certifiable diseases, as defined in section 17.4982, must be tagged with
tags provided by the commissioner, as specified in the commercial licensee's license or
permit, and may not be used in infested waters designated because the waters contain
invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982. This
tagging requirement does not apply to commercial fishing equipment used in Lake
Superior.
(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or
turtle, frog, or crayfish harvesting in an infested water that is designated solely because it
contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a
minimum of two days before they are used in any other waters, except as provided in this
paragraph. Commercial licensees must notify the department's regional or area fisheries
office or a conservation officer before removing nets or equipment from an infested water
designated solely because it contains Eurasian water milfoil and before resetting those
nets or equipment in any other waters. Upon notification, the commissioner may authorize
a commercial licensee to move nets or equipment to another water without freezing or
drying, if that water is designated as infested solely because it contains Eurasian water
milfoil.
(c) A commercial licensee must remove all aquatic macrophytes from nets and other
equipment when the nets and equipment are removed from waters of the state.
(d) The commissioner shall provide a commercial licensee with a current listing of
designated infested waters at the time that a license or permit is issued.
(e) A person harvesting aquatic life from waters of the state for the purpose of
transporting and stocking shall transport the aquatic life to a holding facility. The aquatic
life shall remain in the holding facility for at least ten hours and be examined for the
presence of invasive species.
(f) This subdivision applies to the state and its departments and agencies.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 23.
Minnesota Statutes 2010, section 84D.09, is amended to read:
84D.09 AQUATIC MACROPHYTES.
Subdivision 1.
Transportation prohibited.
A person may not transport aquatic
macrophytes on any state forest road as defined by section 89.001, subdivision 14, any
road or highway as defined in section 160.02, subdivision 26, or any other public road,
except as provided in this section.
Subd. 2.
Exceptions.
Unless otherwise prohibited by law, a person may transport
aquatic macrophytes:
(1) that are duckweeds in the family Lemnaceae;
(2) for disposal as part of a harvest or control activity conducted under an aquatic
plant management permit pursuant to section 103G.615, under permit pursuant to section
84D.11, or as specified by the commissioner;
(3) for purposes of constructing shooting or observation blinds in amounts sufficient
for that purpose, provided that the aquatic macrophytes are emergent and cut above the
waterline;
(4) when legally purchased or traded by or from commercial or hobbyist sources for
aquarium, wetland or lakeshore restoration, or ornamental purposes;
(5) when harvested for personal or commercial use if in a motor vehicle;
(6) to the department, or another destination as the commissioner may direct, in a
sealed container for purposes of identifying a species or reporting the presence of a species;
(7) when transporting commercial aquatic plant harvesting or control equipment to a
suitable location for purposes of cleaning any remaining aquatic macrophytes;
(8) that are wild rice harvested under section 84.091; or
(9) in the form of fragments of emergent aquatic macrophytes incidentally
transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl
season.; or
(10) when removing water-related equipment from waters of the state for purposes
of cleaning off aquatic macrophytes before leaving a water access site.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 24.
Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read:
Subdivision 1.
Launching prohibited.
A person may not place or attempt to
place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control
equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species
attached except as provided in this section.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 25.
Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read:
Subd. 3.
Removal and confinement.
(a) A conservation officer or other licensed
peace officer may order:
(1) the removal of aquatic macrophytes or prohibited invasive species from a trailer
or watercraft water-related equipment before it is placed into waters of the state;
(2) confinement of the watercraft water-related equipment at a mooring, dock, or
other location until the watercraft water-related equipment is removed from the water; and
(3) removal of a watercraft water-related equipment from waters of the state
to remove prohibited invasive species if the water has not been designated by the
commissioner as being infested with that species.; and
(4) a prohibition on placing water-related equipment into waters of the state when
the water-related equipment has aquatic macrophytes or prohibited invasive species
attached in violation of subdivision 1 or when water has not been drained or the drain plug
has not been removed in violation of subdivision 4.
(b) An inspector who is not a licensed peace officer may issue orders under
paragraph (a), clauses (1), (3), and (4).
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 26.
Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read:
Subd. 4.
Persons leaving public waters; report transporting water-related
equipment.
(a) A person When leaving waters of the state a person must drain
boating-related water-related equipment holding water and live wells and bilges by
removing the drain plug before transporting the watercraft and associated water-related
equipment on public roads off the water access site or riparian property.
(b) Drain plugs, bailers, valves, or other devices used to control the draining of water
from ballast tanks, bilges, and live wells must be removed or opened while transporting
watercraft on a public road water-related equipment.
(c) Emergency response vehicles and equipment may be transported on a public road
with the drain plug or other similar device replaced only after all water has been drained
from the equipment upon leaving the water body.
(d) Portable bait containers used by licensed aquatic farms and marine sanitary
systems and portable bait containers are excluded exempt from this requirement
subdivision.
(e) A person must not dispose of bait in waters of the state.
(b) The commissioner shall report, by January 15 of each odd-numbered year, to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions having jurisdiction over water resources policy and finance. The
report shall advise the legislature on additional measures to protect state water resources
from human transport of invasive species.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 27.
[84D.105] INSPECTION OF WATER-RELATED EQUIPMENT.
Subdivision 1.
Compliance inspections.
Compliance with aquatic invasive
species inspection requirements is an express condition of operating or transporting
water-related equipment. An inspector may prohibit an individual from placing or
operating water-related equipment in waters of the state if the individual refuses to allow
an inspection of the individual's water-related equipment or refuses to remove and dispose
of aquatic invasive species, aquatic macrophytes, and water.
Subd. 2.
Inspector authority.
(a) The commissioner shall train and authorize
individuals to inspect water-related equipment for aquatic macrophytes, aquatic invasive
species, and water.
(b) Inspectors may visually and tactilely inspect watercraft and water-related
equipment to determine whether aquatic invasive species, aquatic macrophytes, or water
is present. If a person transporting watercraft or water-related equipment refuses to
take required corrective actions or fails to comply with an order under section 84D.10,
subdivision 3, an inspector who is not a licensed peace officer shall refer the violation to a
conservation officer or other licensed peace officer.
(c) In addition to paragraph (b), a conservation officer or other licensed peace officer
may inspect any watercraft or water-related equipment that is stopped at a water access
site, any other public location in the state, or a private location where the watercraft or
water-related equipment is in plain view, if the officer determines there is reason to believe
that aquatic invasive species, aquatic macrophytes, or water is present on the watercraft or
water-related equipment.
(d) Conservation officers or other licensed peace officers may utilize check stations
in locations, or in proximity to locations, where watercraft or other water-related
equipment is placed into or removed from waters of the state. Any check stations shall be
operated in a manner that minimizes delays to vehicles, equipment, and their occupants.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 28.
[84D.108] SERVICE PROVIDER PERMIT.
Subdivision 1.
Service provider permit required.
(a) Service providers must apply
for and obtain a permit from the commissioner before providing any services described in
section 84D.01, subdivision 15a.
(b) Service providers must have a valid permit in possession while providing
services described in section 84D.01, subdivision 15a.
Subd. 2.
Permit requirements.
(a) Service providers must complete invasive
species training provided by the commissioner and pass an examination to qualify for a
permit. Service provider permits are valid for three calendar years.
(b) A $50 application and testing fee is required for service provider permit
applications.
(c) Persons working for a permittee must satisfactorily complete aquatic invasive
species-related training provided by the commissioner.
Subd. 3.
Standard for issuing.
The commissioner may issue, deny, modify, or
revoke a permit as provided in section 84D.11, subdivision 3.
Subd. 4.
Appeal of permit decision.
Permit decisions may be appealed as provided
in section 84D.11, subdivision 4.
Sec. 29.
Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
Subd. 2a.
Harvest of bait from infested waters.
(a) The commissioner may issue
a permit to allow the harvest of bait from waters that are designated as infested waters,
except those designated because they contain prohibited invasive species of fish. The
permit shall include conditions necessary to avoid spreading aquatic invasive species.
(b) Before receiving a permit, or working for a permittee, a person annually
must satisfactorily complete aquatic invasive species-related training provided by the
commissioner.
Sec. 30.
Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read:
Subd. 3.
Criminal penalties.
(a) A person who violates a provision of section
sections 84D.03 or 84D.06, 84D.07, 84D.08, or 84D.10 to 84D.11, or a rule adopted under
section 84D.12, is guilty of a misdemeanor.
(b) A person who possesses, transports, or introduces a prohibited invasive species in
violation of section 84D.05 is guilty of a misdemeanor. A person who imports, purchases,
sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty
of a gross misdemeanor.
(c) A person who refuses to obey an order of a peace officer or conservation officer
to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer,
or plant harvesting water-related equipment is guilty of a gross misdemeanor.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 31.
Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read:
Subd. 4.
Warnings; civil citations.
After appropriate training, conservation
officers, other licensed peace officers, and other department personnel designated by the
commissioner may issue warnings or citations to a person who:
(1) unlawfully transports prohibited invasive species or aquatic macrophytes;
(2) unlawfully places or attempts to place into waters of the state a trailer, a
watercraft, or plant harvesting water-related equipment that has aquatic macrophytes
or prohibited invasive species attached;
(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed
by rule, Eurasian water milfoil;
(4) fails to remove plugs, open valves, and drain water, as required by rule, from
watercraft and water-related equipment before leaving designated zebra mussel, spiny
water flea, or other invasive plankton infested waters of the state or when transporting
water-related equipment as provided in section 84D.10, subdivision 4; or
(5) transports infested water, in violation of rule, off riparian property.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 32.
Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read:
Subd. 5.
Civil penalties.
A civil citation issued under this section must impose
the following penalty amounts:
(1) for transporting aquatic macrophytes on a forest road as defined by section
89.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or
any other public road, $50 in violation of section 84D.09, $50;
(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or
aquatic plant harvesting water-related equipment that has aquatic macrophytes attached,
$100;
(3) for unlawfully possessing or transporting a prohibited invasive species other
than an aquatic macrophyte, $250;
(4) for placing or attempting to place into waters of the state a watercraft, a trailer,
or aquatic plant harvesting water-related equipment that has prohibited invasive species
attached when the waters are not designated by the commissioner as being infested with
that invasive species, $500 for the first offense and $1,000 for each subsequent offense;
(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as
prescribed by rule, Eurasian water milfoil, $100;
(6) for failing to remove plugs, open valves, and drain water, as required by rule,
for infested waters and from watercraft and water-related equipment, other than marine
sanitary systems and portable bait containers, before leaving waters of the state, $50; and
(7) for transporting infested water off riparian property without a permit as required
by rule, $200.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 33.
Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read:
Subd. 6.
Watercraft license suspension.
A civil citation may be issued to suspend,
for up to a year, the watercraft license of an owner or person in control of a watercraft
or trailer who refuses to submit to an inspection under section 84D.02, subdivision 4,
84D.105 or who refuses to comply with a removal order given under this section 84D.13.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 34.
Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read:
Subd. 7.
Satisfaction of civil penalties.
A civil penalty is due and a watercraft
license suspension is effective 30 days after issuance of the civil citation. A civil penalty
collected under this section is payable to must be paid to either: (1) the commissioner
if the citation was issued by a conservation officer and must be credited to the invasive
species account.; or (2) the treasury of the unit of government employing the officer who
issued the civil citation.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 35.
Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
Subd. 2.
Receipts.
Money received from surcharges on watercraft licenses under
section 86B.415, subdivision 7, and civil penalties under section 84D.13, and service
provider permits under section 84D.108, shall be deposited in the invasive species account.
Each year, the commissioner of management and budget shall transfer from the game and
fish fund to the invasive species account, the annual surcharge collected on nonresident
fishing licenses under section 97A.475, subdivision 7, paragraph (b). In fiscal years 2010
and 2011, the commissioner of management and budget shall transfer $725,000 from the
water recreation account under section 86B.706 to the invasive species account.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 36.
Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read:
Subd. 5.
Motorized vehicle trails restricted.
(a) From December 1 to April 1 in
any year no use of a motorized vehicle other than a snowmobile, unless authorized by
permit, lease, or easement, shall be permitted on a trail designated for use by snowmobiles.
(b) From December 1 to April 1 in any year No use of a motorized vehicle other
than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized
by permit, lease, or easement, shall be permitted on a trail designated for use by all-terrain
vehicles, off-road vehicles, or both, and off-highway motorcycles.
Sec. 37.
Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read:
Subd. 4b.
Regional trails.
The commissioner shall administer a program to
provide grants to units of government for acquisition and betterment of public land and
improvements needed for trails outside the metropolitan area deemed to be of regional
significance according to criteria published by the commissioner. Recipients must provide
a nonstate cash match of at least one-half 25 percent of total eligible project costs. If
land used for the trails is not in full public ownership, then the recipients must prove it
is dedicated to the purposes of the grants for at least 20 years. The commissioner shall
make payment to a unit of government upon receiving documentation of reimbursable
expenditures. A unit of government may enter into a lease or management agreement
for the trail, subject to section 16A.695.
Sec. 38.
Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read:
Subd. 4c.
Trail connections.
The commissioner shall administer a program to
provide grants to units of government for acquisition and betterment of public land and
improvements needed for trails that connect communities, trails, and parks and thereby
increase the effective length of trail experiences. Recipients must provide a nonstate cash
match of at least one-half 25 percent of total eligible project costs. If land used for the
trails is not in full public ownership, then the recipients must prove it is dedicated to the
purposes of the grants for at least 20 years. The commissioner shall make payment to a
unit of government upon receiving documentation of reimbursable expenditures. A unit
of government may enter into a lease or management agreement for the trail, subject
to section 16A.695.
Sec. 39.
Minnesota Statutes 2010, section 85.32, subdivision 1, is amended to read:
Subdivision 1.
Areas marked.
The commissioner of natural resources is authorized
in cooperation with local units of government and private individuals and groups when
feasible to mark state water trails on the Little Fork, Big Fork, Minnesota, St. Croix,
Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine,
Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan,
Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in
Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood,
Blue Earth, Cedar, and Crow Rivers which have historic and scenic values and to mark
appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls,
whirlpools, and other serious hazards which are dangerous to canoe, kayak, and watercraft
travelers.
Sec. 40.
[86B.508] AQUATIC INVASIVE SPECIES RULES DECAL.
(a) A watercraft owner or operator must obtain and display an aquatic invasive
species rules decal issued by the commissioner on the owner or operator's watercraft prior
to launching on, entering into, or operating on any waters of the state.
(b) The aquatic invasive species rules decal must be attached to the watercraft.
Sec. 41.
Minnesota Statutes 2010, section 86B.811, is amended by adding a subdivision
to read:
Subd. 1a.
Petty misdemeanor.
A watercraft owner who fails to obtain or display
an aquatic invasive species rules decal or a person who operates a watercraft that does
not display an aquatic invasive species rule decal in violation of section 86B.508 is guilty
of a petty misdemeanor.
Sec. 42.
Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:
Subd. 3.
Voluntary titling.
The owner of a device used or designed for navigation
on water and used on the waters of this state may obtain a certificate of title for the device,
even though it is not a watercraft as defined in section 86B.820, subdivision 14, in the
same manner and with the same effect as the owner of a watercraft required to be titled
under Laws 1989, chapter 335 sections 86B.820 to 86B.920. Once titled, the device
is a titled watercraft as defined in section 86B.820, subdivision 13, and is and remains
subject to Laws 1989, chapter 335 sections 86B.820 to 86B.920, to the same extent as a
watercraft required to be titled.
Sec. 43.
Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:
Subd. 2.
Issuance.
(a) The commissioner shall issue a certificate of title for a
watercraft upon verification that:
(1) the application is genuine;
(2) the applicant is the owner of the watercraft; and
(3) payment of the required fee.
(b) The original certificate of title must be mailed to the first secured party disclosed
in the application or, if none, to the owner named in the application. Secured parties, if
any, must be mailed notification of their security interest filed.
Sec. 44.
Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:
Subdivision 1.
Form and issuance.
(a) The commissioner may issue a duplicate
certificate of title under this section. The duplicate certificate of title must be a certified
copy plainly marked "duplicate" across its face and must contain the legend: "This
duplicate certificate of title may be subject to the rights of a person under the original
certificate." It must be mailed to the first secured party named in it or, if none, to the owner.
The commissioner shall indicate in the department records that a duplicate has been issued.
(b) As a condition to issuing a duplicate certificate of title, the commissioner may
require a bond from the applicant in the manner and form prescribed in section 86B.830,
subdivision 4, paragraph (b).
Sec. 45.
Minnesota Statutes 2010, section 86B.885, is amended to read:
86B.885 OWNER-CREATED SECURITY INTEREST.
Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
(a) The owner shall immediately execute the application in the space provided on the
certificate of title or on a separate form prescribed by the commissioner, show the name
and address of the secured party on the certificate, and have the certificate, application,
and required fee delivered to the secured party.
(b) The secured party shall immediately have the certificate, application, and
required fee mailed or delivered to the commissioner.
(c) Upon request of the owner or A second or subordinate secured party, a secured
party in possession of the certificate of title shall either (1) mail or deliver the certificate
to the subordinate secured party for delivery to the commissioner, or (2) upon receiving
from the subordinate secured party the owner's application and the required fee, mail or
deliver them to the commissioner with the certificate. The delivery of the certificate does
not affect the rights of the first secured party under the security agreement.
(d) Upon receiving the certificate of title, application, and required fee, the
commissioner shall either endorse on the certificate or issue a new certificate containing
the name and address of the new secured party, and mail or deliver the certificate to the
first secured party named on it owner. The secured party or parties shall be issued a
notification that the security interest has been recorded.
Sec. 46.
Minnesota Statutes 2010, section 89.17, is amended to read:
89.17 LEASES AND PERMITS.
(a) Notwithstanding the permit procedures of chapter 90, the commissioner shall
have power to grant and execute, in the name of the state, leases and permits for the use of
any forest lands under the authority of the commissioner for any purpose which in the
commissioner's opinion is not inconsistent with the maintenance and management of the
forest lands, on forestry principles for timber production. Every such lease or permit shall
be revocable at the discretion of the commissioner at any time subject to such conditions
as may be agreed on in the lease. The approval of the commissioner of administration
shall not be required upon any such lease or permit. No such lease or permit for a period
exceeding 21 years shall be granted except with the approval of the Executive Council.
(b) Public access to the leased land for outdoor recreation shall be the same as
access would be under state management.
(c) Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable
costs incurred for preparing and issuing the lease, all remaining proceeds from the leasing
of school trust land and university land for roads on forest lands must be deposited into the
respective permanent fund for the lands.
Sec. 47.
Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read:
Subdivision 1.
Establishment; membership.
The Mineral Coordinating Committee
is established to plan for diversified mineral development. The Mineral Coordinating
Committee consists of:
(1) the commissioner of natural resources;
(2) the deputy commissioner of the Minnesota Pollution Control Agency;
(3) the director of United Steelworkers of America, District 11, or the director's
designee;
(4) (3) the commissioner of Iron Range resources and rehabilitation;
(5) (4) the director of the Minnesota Geological Survey;
(6) (5) the dean of the University of Minnesota Institute of Technology;
(7) (6) the director of the Natural Resources Research Institute; and
(8) three (7) four individuals appointed by the governor for a four-year term, one
each representing the iron ore and taconite, nonferrous metallic minerals, and industrial
minerals industries within the state and one representing labor.
Sec. 48.
Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read:
Subd. 3.
Expiration.
Notwithstanding section 15.059, subdivision 5, or other law to
the contrary, the committee expires June 30, 2011 2016.
Sec. 49.
Minnesota Statutes 2010, section 97A.055, subdivision 4b, is amended to read:
Subd. 4b.
Citizen oversight subcommittees committees.
(a) The commissioner
shall appoint subcommittees committees of affected persons to review the reports
prepared under subdivision 4; review the proposed work plans and budgets for the coming
year; propose changes in policies, activities, and revenue enhancements or reductions;
review other relevant information; and make recommendations to the legislature and
the commissioner for improvements in the management and use of money in the game
and fish fund.
(b) The commissioner shall appoint the following subcommittees committees, each
comprised of at least three ten affected persons:
(1) a Fisheries Operations Subcommittee Oversight Committee to review fisheries
funding and expenditures, excluding including activities related to trout and salmon stamp
stamps and walleye stamp funding stamps; and
(2) a Wildlife Operations Subcommittee Oversight Committee to review wildlife
funding and expenditures, excluding including activities related to migratory waterfowl,
pheasant, and wild turkey management funding and excluding review of the amounts
available under section 97A.075, subdivision 1, paragraphs (b) and (c); deer and big
game management.
(3) a Big Game Subcommittee to review the report required in subdivision 4,
paragraph (a), clause (2);
(4) an Ecological Resources Subcommittee to review ecological services funding;
(5) a subcommittee to review game and fish fund funding of enforcement and
operations support;
(6) a subcommittee to review the trout and salmon stamp report and address funding
issues related to trout and salmon;
(7) a subcommittee to review the report on the migratory waterfowl stamp and
address funding issues related to migratory waterfowl;
(8) a subcommittee to review the report on the pheasant stamp and address funding
issues related to pheasants;
(9) a subcommittee to review the report on the wild turkey management account and
address funding issues related to wild turkeys; and
(10) a subcommittee to review the walleye stamp and address funding issues related
to walleye stocking.
(c) The chairs of each of the subcommittees Fisheries Oversight Committee and the
Wildlife Oversight Committee, and four additional members from each committee, shall
form a Budgetary Oversight Committee to coordinate the integration of the subcommittee
fisheries and wildlife oversight committee reports into an annual report to the legislature;
recommend changes on a broad level in policies, activities, and revenue enhancements or
reductions; and provide a forum to address issues that transcend the subcommittees; and
submit a report for any subcommittee that fails to submit its report in a timely manner
fisheries and wildlife oversight committees.
(d) The Budgetary Oversight Committee shall develop recommendations for a
biennial budget plan and report for expenditures on game and fish activities. By August 15
of each even-numbered year, the committee shall submit the budget plan recommendations
to the commissioner and to the senate and house of representatives committees with
jurisdiction over natural resources finance.
(e) Each subcommittee shall choose its own chair, except that The chairs of the
Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen
by their respective committees. The chair of the Budgetary Oversight Committee shall
be appointed by the commissioner and may not be the chair of any of the subcommittees
either of the other oversight committees.
(f) The Budgetary Oversight Committee must may make recommendations to the
commissioner and to the senate and house of representatives committees with jurisdiction
over natural resources finance for outcome goals from expenditures.
(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the
Fisheries Oversight Committee, the Wildlife Oversight Committee, and the Budgetary
Oversight Committee and subcommittees do not expire until June 30, 2010 2015.
Sec. 50.
[97A.134] ADOPT-A-WMA PROGRAM.
Subdivision 1.
Creation.
The Minnesota adopt-a-WMA (wildlife management area)
program is established. The commissioner shall coordinate the program through the
regional offices of the Department of Natural Resources.
Subd. 2.
Agreements.
(a) The commissioner shall enter into informal agreements
with sporting, outdoor, business, and civic groups or individuals for volunteer services to
maintain and make improvements to real property on state wildlife management areas in
accordance with plans devised by the commissioner after consultation with the groups
or individuals.
(b) The commissioner may erect appropriate signs to recognize and express
appreciation to groups and individuals providing volunteer services under the
adopt-a-WMA program.
(c) The commissioner may provide assistance to enhance the comfort and safety of
volunteers and to facilitate the implementation and administration of the adopt-a-WMA
program.
Sec. 51.
Minnesota Statutes 2010, section 97C.081, subdivision 4, is amended to read:
Subd. 4.
Restrictions.
(a) The commissioner may by rule establish restrictions on
fishing contests to protect fish and fish habitat, to restrict activities during high use periods,
to restrict activities that affect research or management work, to restrict the number of
boats, and for the safety of contest participants. The commissioner may require mandatory
decontamination of boats participating in fishing contests on infested waters.
(b) By March 1, 2011, the commissioner shall develop a best practices certification
program for fishing contest organizers to ensure the proper handling and release of fish.
Sec. 52.
Minnesota Statutes 2010, section 103B.661, subdivision 2, is amended to read:
Subd. 2.
Powers.
Subject to the provisions of chapters 97A, 103D, 103E, 103G,
and 115, and the rules and regulations of the respective agencies and governing bodies
vested with jurisdiction and authority under those chapters, the district has the following
powers to:
(1) regulate the types of boats permitted to use the lake and set service fees;
(2) limit the use of motors, including their types and horsepower, on the lake;
(3) regulate, maintain, and police public beaches, public docks, and other public
facilities for access to the lake within the territory of the municipalities;
(4) limit by rule the use of the lake at various times and the use of various parts of
the lake;
(5) regulate the speed of boats on the lake and the conduct of other activities on the
lake to secure the safety of the public and the most general public use;
(6) contract with other law enforcement agencies to police the lake and its shores;
(7) regulate the construction, installation, and maintenance of permanent and
temporary docks and moorings consistent with federal and state law;
(8) regulate the construction and use of mechanical and chemical means of deicing
the lake and to regulate the mechanical and chemical means of removal of weeds and
algae from the lake;
(9) regulate the construction, configuration, size, location, and maintenance of
commercial marinas and their related facilities including parking areas and sanitary
facilities. The regulation shall be consistent with the applicable municipal building codes
and zoning ordinances where said marinas are situated;
(10) contract with other governmental bodies to perform any of the functions
of the district;
(11) undertake research to determine the condition and development of the lake and
the water entering it and to transmit their studies to the Pollution Control Agency and other
interested authorities; and to develop a comprehensive program to eliminate pollution;
(12) receive financial assistance from and join in projects or enter into contracts
with federal and state agencies for the study and treatment of pollution problems and
demonstration programs related to them;
(13) petition the board of managers of a watershed district where the White Bear
Lake Conservation District is located for improvements under section 103D.705, for
which a bond may not be required of the district; and
(14) to require the submission of all plans pertaining to or affecting construction or
other lakeshore use on any lot or parcel of land abutting the shoreline including: length
of setback from the shoreline, adjoining property, or any street or highway; problems of
population density; possible water, air or visual pollution; or height of construction. The
board shall have 60 days after submission of plans or any part thereof for review. If, within
60 days of submission the board finds the plan or any part is inconsistent with its plans or
ordinances, it may recommend that the plan or any part be revised and resubmitted.
Sec. 53.
Minnesota Statutes 2010, section 103F.705, is amended to read:
103F.705 PURPOSE.
(a) It is the purpose of the legislature in enacting sections 103F.701 to 103F.761
103F.755 to protect and improve, enhance, and restore surface and ground water in the
state, through financial and technical assistance to local units of government to control
prevent water pollution, including that associated with land use and land management
activities., and
(b) It is also the purpose of the legislature to:
(1) identify water quality problems and their causes;
(2) direct technical and financial resources to resolve water quality problems and to
abate their causes;
(3) provide technical and financial resources to local units of government for
implementation of water quality protection and improvement projects;
(4) coordinate a nonpoint source pollution control program with elements of the
existing state water quality program and other existing resource management programs;
and
(5) to provide a legal basis for state implementation of federal laws controlling
nonpoint source water pollution.
Sec. 54.
Minnesota Statutes 2010, section 103F.711, subdivision 8, is amended to read:
Subd. 8.
Project.
"Project" means the diagnostic study identification of water
pollution caused by nonpoint sources of water pollution and its causes, a plan to implement
best management practices prevent water pollution or protect and improve water quality,
and the physical features constructed or actions taken by a local unit of government to
implement best management practices measures taken to prevent water pollution or
protect and improve water quality.
Sec. 55.
Minnesota Statutes 2010, section 103F.715, is amended to read:
103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.
A clean water partnership program is established as provided in sections 103F.701 to
103F.761 103F.755. The agency shall administer the program in accordance with these
sections. As a basis for the program, the agency and the Metropolitan Council shall
conduct an assessment of waters in accordance with section 103F.721. The agency shall
then provide financial and technical assistance in accordance with section 103F.725 to local
units of government for projects in geographical areas that contribute to surface or ground
water flows. The projects shall provide for protection and improvement, enhancement, or
restoration of surface and ground water from nonpoint sources of water pollution.
Sec. 56.
Minnesota Statutes 2010, section 103F.725, subdivision 1, is amended to read:
Subdivision 1.
Grants.
(a) The agency may award grants for up to 50 percent
of the eligible cost for: projects.
(1) the development of a diagnostic study and implementation plan; and
(2) the implementation of that plan.
(b) The agency shall determine which costs are eligible costs and grants shall be
made and used only for eligible costs.
Sec. 57.
Minnesota Statutes 2010, section 103F.725, subdivision 1a, is amended to
read:
Subd. 1a.
Loans.
(a) Up to $36,000,000 $50,000,000 of the balance in the clean
water revolving fund in section 446A.07, as determined by the Public Facilities Authority,
may be provided to the commissioner for the establishment of a clean water partnership
loan program.
(b) The agency may award loans for up to 100 percent of the costs associated with
activities identified by the agency as best management practices pursuant to section
319 and section 320 of the federal Water Quality Act of 1987, as amended, including
associated administrative costs.
(c) Loans may be used to finance clean water partnership grant project eligible costs
not funded by grant assistance.
(d) The interest rate, at or below market rate, and the term, not to exceed 20 years,
shall be determined by the agency in consultation with the Public Facilities Authority.
(e) The repayment must be deposited in the clean water revolving fund under section
446A.07.
(f) The local unit of government receiving the loan is responsible for repayment of
the loan.
(g) For the purpose of obtaining a loan from the agency, a local government unit
may provide to the agency its general obligation note. All obligations incurred by a local
government unit in obtaining a loan from the agency must be in accordance with chapter
475, except that so long as the obligations are issued to evidence a loan from the agency
to the local government unit, an election is not required to authorize the obligations
issued, and the amount of the obligations shall not be included in determining the net
indebtedness of the local government unit under the provisions of any law or chapter
limiting the indebtedness.
Sec. 58.
Minnesota Statutes 2010, section 103F.731, subdivision 2, is amended to read:
Subd. 2.
Eligibility; documents required.
(a) Local units of government are
eligible to apply for assistance. An applicant for assistance shall submit the following
to the agency:
(1) an application a project proposal form as prescribed by the agency; and
(2) evidence that the applicant has consulted with the involved local soil and
water conservation districts and watershed districts, where they exist, in preparing the
application; and.
(3) (b) The proposed project must be identified in at least one of the following
documents:
(i) (1) the comprehensive water plan authorized under sections 103B.301 to
103B.355;
(ii) (2) a surface water management plan required under section 103B.231;
(iii) (3) an overall plan required under chapter 103D; or
(iv) (4) any other local plan that provides an inventory of existing physical and
hydrologic information on the area, a general identification of water quality problems
and goals, and that demonstrates a local commitment to water quality protection or
improvement., enhancement, or restoration;
(5) an approved total maximum daily load (TMDL) or a TMDL implementation
plan; or
(6) a watershed protection and restoration strategy implementation plan.
(b) After July 1, 1991, only projects that are a part of, or are responsive to, a local
water plan under the Comprehensive Local Water Management Act, chapter 103D, or
sections 103B.211 to 103B.255, will be eligible under paragraph (a), clause (3).
(c) The document submitted in compliance with paragraph (a), clause (2), must
identify existing and potential nonpoint source water pollution problems and must
recognize the need and demonstrate the applicant's commitment to abate or prevent water
pollution from nonpoint sources in the geographic areas for which the application is
submitted.
Sec. 59.
Minnesota Statutes 2010, section 103F.735, is amended to read:
103F.735 AGENCY REVIEW OF APPLICATIONS PROPOSALS.
Subdivision 1.
Ranking of applications proposals.
The agency shall rank
applications proposals for technical and financial assistance in order of priority and shall,
within the limits of available appropriations, grant those applications proposals having
the highest priority. The agency shall by rule adopt appropriate criteria to determine
the priority of projects.
Subd. 2.
Criteria.
(a) The criteria shall give the highest priority to projects that best
demonstrate compliance with the objectives in paragraphs (b) to (e) (d).
(b) The project demonstrates participation, coordination, and cooperation between
local units of government and, other public agencies, including soil and water conservation
districts or watershed districts, or both those districts and local stakeholders.
(c) The degree of water quality improvement or protection, enhancement, or
restoration is maximized relative to the cost of implementing the best management
practices.
(d) Best management practices provide a feasible means to abate or prevent nonpoint
source water pollution.
(e) The project goals and objectives are consistent with the state water quality
management plans, the statewide resource assessment conducted under section 103F.721,
and other applicable state and local resource management programs.
Sec. 60.
Minnesota Statutes 2010, section 103F.741, subdivision 1, is amended to read:
Subdivision 1.
Implementation according to law and contract.
A local unit
of government receiving technical or financial assistance, or both, from the agency
shall carry out the implementation plan project approved by the agency according to the
terms of the plan, the provisions of a contract or grant agreement made with the agency
and according to sections 103F.701 to 103F.761 103F.755, the rules of the agency, and
applicable federal requirements.
Sec. 61.
Minnesota Statutes 2010, section 103F.745, is amended to read:
103F.745 RULES.
(a) The agency shall adopt rules necessary to implement sections 103F.701 to
103F.761 103F.755. The rules shall contain at a minimum:
(1) procedures to be followed by local units of government in applying for technical
or financial assistance or both;
(2) conditions for the administration of assistance;
(3) procedures for the development, evaluation, and implementation of best
management practices requirements for a project;
(4) requirements for a diagnostic study and implementation plan criteria for the
evaluation and approval of a project;
(5) criteria for the evaluation and approval of a diagnostic study and implementation
plan;
(6) criteria for the evaluation of best management practices;
(7) criteria for the ranking of projects in order of priority for assistance;
(8) (6) criteria for defining and evaluating eligible costs and cost-sharing by local
units of government applying for assistance;
(7) requirements for providing measurable outcomes; and
(9) (8) other matters as the agency and the commissioner find necessary for the proper
administration of sections 103F.701 to 103F.761 103F.755, including any rules determined
by the commissioner to be necessary for the implementation of federal programs to control
nonpoint source water pollution protect, enhance, or restore water quality.
(b) For financial assistance by loan under section 103F.725, subdivision 1a, criteria
established by rule for the clean water partnership grants program shall guide requirements
and administrative procedures for the loan program until January 1, 1996, or the effective
date of the administrative rules for the clean water partnership loan program, whichever
occurs first.
Sec. 62.
Minnesota Statutes 2010, section 103F.751, is amended to read:
103F.751 NONPOINT SOURCE POLLUTION CONTROL MANAGEMENT
PLAN AND PROGRAM EVALUATION.
To coordinate the programs and activities used to control nonpoint sources of
pollution to achieve the state's water quality goals, the agency shall:
(1) develop a state plan for the control of nonpoint source water pollution to meet
the requirements of the federal Clean Water Act;, and,
(2) work through the Environmental Quality Board to coordinate the activities
and programs of federal, state, and local agencies involved in nonpoint source pollution
control and, as appropriate, develop agreements with federal and state agencies to
accomplish the purposes and objectives of the state nonpoint source pollution control
management plan; and.
(3) evaluate the effectiveness of programs in achieving water quality goals
and recommend to the legislature, under section 3.195, subdivision 1, any necessary
amendments to sections 103F.701 to 103F.761.
Sec. 63.
Minnesota Statutes 2010, section 103G.005, subdivision 10e, is amended to
read:
Subd. 10e.
Local government unit.
"Local government unit" means:
(1) outside of the seven-county metropolitan area, a city council, county board of
commissioners, or a soil and water conservation district or their delegate;
(2) in the seven-county metropolitan area, a city council, a town board under section
368.01, a watershed management organization under section 103B.211, or a soil and water
conservation district or their delegate; and
(3) on state land, the agency with administrative responsibility for the land; and
(4) for wetland banking projects established solely for replacing wetland impacts
under a permit to mine under section 93.481, the commissioner of natural resources.
Sec. 64.
Minnesota Statutes 2010, section 103G.005, is amended by adding a
subdivision to read:
Subd. 10f.
Electronic transmission.
"Electronic transmission" means the transfer
of data or information through an electronic data interchange system consisting of, but not
limited to, computer modems and computer networks. Electronic transmission specifically
means electronic mail, unless other means of electronic transmission are mutually agreed
to by the sender and recipient.
Sec. 65.
Minnesota Statutes 2010, section 103G.2212, is amended to read:
103G.2212 CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS
OR FILLS WETLANDS.
Subdivision 1.
Conditions for employees and agents to drain or fill wetlands.
An agent or employee of another may not drain or fill a wetland, wholly or partially,
unless the agent or employee has:
(1) obtained a signed statement from the property owner stating that the wetland
replacement plan required for the work has been obtained or that a replacement plan
is not required; and
(2) mailed or sent by electronic transmission a copy of the statement to the local
government unit with jurisdiction over the wetland.
Subd. 2.
Violation is separate offense.
Violation of this section is a separate and
independent offense from other violations of sections 103G.2212 to 103G.237.
Subd. 3.
Form for compliance with this section.
The board shall develop a form
to be distributed to contractors' associations, local government units, and soil and water
conservation districts to comply with this section. The form must include:
(1) a listing of the activities for which a replacement plan is required;
(2) a description of the penalties for violating sections 103G.2212 to 103G.237;
(3) the telephone number to call for information on the responsible local government
unit;
(4) a statement that national wetland inventory maps are on file with the soil and
water conservation district office; and
(5) spaces for a description of the work and the names, mailing addresses or other
contact information, and telephone numbers of the person authorizing the work and the
agent or employee proposing to undertake it.
Sec. 66.
Minnesota Statutes 2010, section 103G.222, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
(a) Wetlands must not be drained or filled, wholly or
partially, unless replaced by restoring or creating wetland areas of at least equal public
value under a replacement plan approved as provided in section 103G.2242, a replacement
plan under a local governmental unit's comprehensive wetland protection and management
plan approved by the board under section 103G.2243, or, if a permit to mine is required
under section 93.481, under a mining reclamation plan approved by the commissioner
under the permit to mine. For project-specific wetland replacement completed prior to
wetland impacts authorized or conducted under a permit to mine within the Great Lakes
and Rainy River watershed basins, those basins shall be considered a single watershed
for purposes of determining wetland replacement ratios. Mining reclamation plans shall
apply the same principles and standards for replacing wetlands by restoration or creation
of wetland areas that are applicable to mitigation plans approved as provided in section
103G.2242. Public value must be determined in accordance with section 103B.3355 or
a comprehensive wetland protection and management plan established under section
103G.2243. Sections 103G.221 to 103G.2372 also apply to excavation in permanently
and semipermanently flooded areas of types 3, 4, and 5 wetlands.
(b) Replacement must be guided by the following principles in descending order
of priority:
(1) avoiding the direct or indirect impact of the activity that may destroy or diminish
the wetland;
(2) minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;
(3) rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland environment;
(4) reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity;
(5) compensating for the impact by restoring a wetland; and
(6) compensating for the impact by replacing or providing substitute wetland
resources or environments.
For a project involving the draining or filling of wetlands in an amount not exceeding
10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
paragraph (a), the local government unit may make an on-site sequencing determination
without a written alternatives analysis from the applicant.
(c) If a wetland is located in a cultivated field, then replacement must be
accomplished through restoration only without regard to the priority order in paragraph
(b), provided that a deed restriction is placed on the altered wetland prohibiting
nonagricultural use for at least ten years.
(d) If a wetland is drained under section 103G.2241, subdivision 2, paragraphs
(b) and (e), the local government unit may require a deed restriction that prohibits
nonagricultural use for at least ten years unless the drained wetland is replaced as provided
under this section. The local government unit may require the deed restriction if it
determines the wetland area drained is at risk of conversion to a nonagricultural use within
ten years based on the zoning classification, proximity to a municipality or full service
road, or other criteria as determined by the local government unit.
(e) Restoration and replacement of wetlands must be accomplished in accordance
with the ecology of the landscape area affected and ponds that are created primarily to
fulfill storm water management, and water quality treatment requirements may not be
used to satisfy replacement requirements under this chapter unless the design includes
pretreatment of runoff and the pond is functioning as a wetland.
(f) Except as provided in paragraph (g), for a wetland or public waters wetland
located on nonagricultural land, replacement must be in the ratio of two acres of replaced
wetland for each acre of drained or filled wetland.
(g) For a wetland or public waters wetland located on agricultural land or in a greater
than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
for each acre of drained or filled wetland.
(h) Wetlands that are restored or created as a result of an approved replacement plan
are subject to the provisions of this section for any subsequent drainage or filling.
(i) Except in a greater than 80 percent area, only wetlands that have been restored
from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
wetlands created by dikes or dams along public or private drainage ditches, or wetlands
created by dikes or dams associated with the restoration of previously drained or filled
wetlands may be used in a statewide banking program established in rules adopted under
section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally
occurring wetlands from one type to another are not eligible for enrollment in a statewide
wetlands bank.
(j) The Technical Evaluation Panel established under section 103G.2242, subdivision
2, shall ensure that sufficient time has occurred for the wetland to develop wetland
characteristics of soils, vegetation, and hydrology before recommending that the wetland
be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
to believe that the wetland characteristics may change substantially, the panel shall
postpone its recommendation until the wetland has stabilized.
(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365
apply to the state and its departments and agencies.
(l) For projects involving draining or filling of wetlands associated with a new public
transportation project, and for projects expanded solely for additional traffic capacity,
public transportation authorities may purchase credits from the board at the cost to the
board to establish credits. Proceeds from the sale of credits provided under this paragraph
are appropriated to the board for the purposes of this paragraph. For the purposes of this
paragraph, "transportation project" does not include an airport project.
(m) A replacement plan for wetlands is not required for individual projects that
result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
or replacement of a currently serviceable existing state, city, county, or town public road
necessary, as determined by the public transportation authority, to meet state or federal
design or safety standards or requirements, excluding new roads or roads expanded solely
for additional traffic capacity lanes. This paragraph only applies to authorities for public
transportation projects that:
(1) minimize the amount of wetland filling or draining associated with the project
and consider mitigating important site-specific wetland functions on site;
(2) except as provided in clause (3), submit project-specific reports to the board, the
Technical Evaluation Panel, the commissioner of natural resources, and members of the
public requesting a copy at least 30 days prior to construction that indicate the location,
amount, and type of wetlands to be filled or drained by the project or, alternatively,
convene an annual meeting of the parties required to receive notice to review projects to
be commenced during the upcoming year; and
(3) for minor and emergency maintenance work impacting less than 10,000 square
feet, submit project-specific reports, within 30 days of commencing the activity, to the
board that indicate the location, amount, and type of wetlands that have been filled
or drained.
Those required to receive notice of public transportation projects may appeal
minimization, delineation, and on-site mitigation decisions made by the public
transportation authority to the board according to the provisions of section 103G.2242,
subdivision 9. The Technical Evaluation Panel shall review minimization and delineation
decisions made by the public transportation authority and provide recommendations
regarding on-site mitigation if requested to do so by the local government unit, a
contiguous landowner, or a member of the Technical Evaluation Panel.
Except for state public transportation projects, for which the state Department of
Transportation is responsible, the board must replace the wetlands, and wetland areas of
public waters if authorized by the commissioner or a delegated authority, drained or filled
by public transportation projects on existing roads.
Public transportation authorities at their discretion may deviate from federal and
state design standards on existing road projects when practical and reasonable to avoid
wetland filling or draining, provided that public safety is not unreasonably compromised.
The local road authority and its officers and employees are exempt from liability for
any tort claim for injury to persons or property arising from travel on the highway and
related to the deviation from the design standards for construction or reconstruction under
this paragraph. This paragraph does not preclude an action for damages arising from
negligence in construction or maintenance on a highway.
(n) If a landowner seeks approval of a replacement plan after the proposed project
has already affected the wetland, the local government unit may require the landowner to
replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
required.
(o) A local government unit may request the board to reclassify a county or
watershed on the basis of its percentage of presettlement wetlands remaining. After
receipt of satisfactory documentation from the local government, the board shall change
the classification of a county or watershed. If requested by the local government unit,
the board must assist in developing the documentation. Within 30 days of its action to
approve a change of wetland classifications, the board shall publish a notice of the change
in the Environmental Quality Board Monitor.
(p) One hundred citizens who reside within the jurisdiction of the local government
unit may request the local government unit to reclassify a county or watershed on the basis
of its percentage of presettlement wetlands remaining. In support of their petition, the
citizens shall provide satisfactory documentation to the local government unit. The local
government unit shall consider the petition and forward the request to the board under
paragraph (o) or provide a reason why the petition is denied.
Sec. 67.
Minnesota Statutes 2010, section 103G.222, subdivision 3, is amended to read:
Subd. 3.
Wetland replacement siting.
(a) Siting wetland replacement Impacted
wetlands in a 50 to 80 percent area must be replaced in a 50 to 80 percent area or in a less
than 50 percent area. Impacted wetlands in a less than 50 percent area must be replaced in
a less than 50 percent area. All wetland replacement must follow this priority order:
(1) on site or in the same minor watershed as the affected impacted wetland;
(2) in the same watershed as the affected impacted wetland;
(3) in the same county or wetland bank service area as the affected impacted wetland;
(4) for replacement by wetland banking, in the same wetland bank service area as
the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in
a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a
less than 50 percent area;
(5) for project specific replacement, in an adjacent watershed to the affected wetland,
or for replacement by wetland banking, in an adjacent another wetland bank service
area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to 80 percent
area and impacts in a less than 50 percent area must be replaced in a less than 50 percent
area; and
(6) (5) statewide for public transportation projects, except that wetlands affected
impacted in less than 50 percent areas must be replaced in less than 50 percent areas, and
wetlands affected impacted in the seven-county metropolitan area must be replaced at a
ratio of two to one in: (i) the affected county or, (ii) in another of the seven metropolitan
counties, or (iii) in one of the major watersheds that are wholly or partially within the
seven-county metropolitan area, but at least one to one must be replaced within the
seven-county metropolitan area.
(b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80
percent areas may follow the priority order under this paragraph: (1) by wetland banking
after evaluating on-site replacement and replacement within the watershed; (2) replaced
in an adjacent wetland bank service area if wetland bank credits are not reasonably
available in the same wetland bank service area as the affected wetland, as determined by
a comprehensive inventory approved by the board; and (3) statewide.
(c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county
metropolitan area must follow the priority order under this paragraph: (1) in the affected
county; (2) in another of the seven metropolitan counties; or (3) in one of the major
watersheds that are wholly or partially within the seven-county metropolitan area, but at
least one to one must be replaced within the seven-county metropolitan area.
(d) The exception in paragraph (a), clause (6) (5), does not apply to replacement
completed using wetland banking credits established by a person who submitted a
complete wetland banking application to a local government unit by April 1, 1996.
(e) (c) When reasonable, practicable, and environmentally beneficial replacement
opportunities are not available in siting priorities listed in paragraph (a), the applicant
may seek opportunities at the next level.
(f) (d) For the purposes of this section, "reasonable, practicable, and environmentally
beneficial replacement opportunities" are defined as opportunities that:
(1) take advantage of naturally occurring hydrogeomorphological conditions and
require minimal landscape alteration;
(2) have a high likelihood of becoming a functional wetland that will continue
in perpetuity;
(3) do not adversely affect other habitat types or ecological communities that are
important in maintaining the overall biological diversity of the area; and
(4) are available and capable of being done after taking into consideration cost,
existing technology, and logistics consistent with overall project purposes.
(e) Applicants and local government units shall rely on board-approved
comprehensive inventories of replacement opportunities and watershed conditions,
including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January
2010), in determining whether reasonable, practicable, and environmentally beneficial
replacement opportunities are available.
(g) (f) Regulatory agencies, local government units, and other entities involved in
wetland restoration shall collaborate to identify potential replacement opportunities within
their jurisdictional areas.
Sec. 68.
Minnesota Statutes 2010, section 103G.2242, subdivision 2a, is amended to
read:
Subd. 2a.
Wetland boundary or type determination.
(a) A landowner may apply
for a wetland boundary or type determination from the local government unit. The
landowner applying for the determination is responsible for submitting proof necessary
to make the determination, including, but not limited to, wetland delineation field data,
observation well data, topographic mapping, survey mapping, and information regarding
soils, vegetation, hydrology, and groundwater both within and outside of the proposed
wetland boundary.
(b) A local government unit that receives an application under paragraph (a) may
seek the advice of the Technical Evaluation Panel as described in subdivision 2, and,
if necessary, expand the Technical Evaluation Panel. The local government unit may
delegate the decision authority for wetland boundary or type determinations to designated
staff, or establish other procedures it considers appropriate.
(c) The local government unit decision must be made in compliance with section
15.99. Within ten calendar days of the decision, the local government unit decision must
be mailed or sent by electronic transmission to the landowner, members of the Technical
Evaluation Panel, the watershed district or watershed management organization, if one
exists, and individual members of the public who request a copy.
(d) Appeals of decisions made by designated local government staff must be made
to the local government unit. Notwithstanding any law to the contrary, a ruling on an
appeal must be made by the local government unit within 30 days from the date of the
filing of the appeal.
(e) The local government unit decision is valid for three five years unless the
Technical Evaluation Panel determines that natural or artificial changes to the hydrology,
vegetation, or soils of the area have been sufficient to alter the wetland boundary or type.
Sec. 69.
Minnesota Statutes 2010, section 103G.2242, subdivision 6, is amended to
read:
Subd. 6.
Notice of application.
(a) Except as provided in paragraph (b), within ten
days of receiving an Application for approval of a replacement plan under this section,
must be reviewed by the local government according to section 15.99, subdivision 3,
paragraph (a). Copies of the complete application must be mailed or sent by electronic
transmission to the members of the Technical Evaluation Panel, the managers of the
watershed district if one exists, and the commissioner of natural resources. Individual
members of the public who request a copy shall be provided information to identify the
applicant and the location and scope of the project.
(b) Within ten days of receiving an application for approval of a replacement plan
under this section for an activity affecting less than 10,000 square feet of wetland, a
summary of the application must be mailed to the members of the Technical Evaluation
Panel, individual members of the public who request a copy, and the commissioner
of natural resources.
(c) For the purpose of this subdivision, "application" includes a revised application
for replacement plan approval and an application for a revision to an approved replacement
plan if:
(1) the wetland area to be drained or filled under the revised replacement plan is at
least ten percent larger than the area to be drained or filled under the original replacement
plan; or
(2) the wetland area to be drained or filled under the revised replacement is located
more than 500 feet from the area to be drained or filled under the original replacement plan.
Sec. 70.
Minnesota Statutes 2010, section 103G.2242, subdivision 7, is amended to
read:
Subd. 7.
Notice of decision.
Within ten days of the approval or denial of a
replacement plan under this section, a summary of the approval or denial notice of the
decision must be mailed or sent by electronic transmission to members of the Technical
Evaluation Panel, the applicant, individual members of the public who request a copy,
the managers of the watershed district, if one exists, and the commissioner of natural
resources.
Sec. 71.
Minnesota Statutes 2010, section 103G.2242, subdivision 9, is amended to
read:
Subd. 9.
Appeal Appeals to the board.
(a) Appeal of a replacement plan,
sequencing, exemption, wetland banking, wetland boundary or type determination, or
no-loss decision, or restoration order may be obtained by mailing a petition and payment
of a filing fee, which shall be retained by the board to defray administrative costs, to
the board within 30 days after the postmarked date of the mailing or date of sending by
electronic transmission specified in subdivision 7. If appeal is not sought within 30 days,
the decision becomes final. If the petition for hearing is accepted, the amount posted must
be returned to the petitioner. Appeal may be made by:
(1) the wetland owner;
(2) any of those to whom notice is required to be mailed or sent by electronic
transmission under subdivision 7; or
(3) 100 residents of the county in which a majority of the wetland is located.
(b) Within 30 days after receiving a petition, the board shall decide whether to
grant the petition and hear the appeal. The board shall grant the petition unless the board
finds that:
(1) the appeal is meritless without significant merit, trivial, or brought solely for the
purposes of delay;
(2) the petitioner has not exhausted all local administrative remedies;
(3) expanded technical review is needed;
(4) the local government unit's record is not adequate; or
(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required
by the local government unit.
(c) In determining whether to grant the appeal, the board, executive director, or
dispute resolution committee shall also consider the size of the wetland, other factors in
controversy, any patterns of similar acts by the local government unit or petitioner, and
the consequences of the delay resulting from the appeal.
(d) All appeals If an appeal is granted, the appeal must be heard by the committee
for dispute resolution of the board, and a decision must be made by the board within 60
days of filing the local government unit's record and the written briefs submitted for
the appeal and the hearing. The decision must be served by mail on or by electronic
transmission to the parties to the appeal, and is not subject to the provisions of chapter
14. A decision whether to grant a petition for appeal and a decision on the merits of an
appeal must be considered the decision of an agency in a contested case for purposes of
judicial review under sections 14.63 to 14.69.
(e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to
defray the administrative costs of appeals made to the board under this subdivision. Fees
established under this authority shall not exceed $1,000. Establishment of the fee is not
subject to the rulemaking process of chapter 14 and section 14.386 does not apply.
Sec. 72.
Minnesota Statutes 2010, section 103G.2242, is amended by adding a
subdivision to read:
Subd. 9a.
Appeals of restoration or replacement orders.
A landowner or other
responsible party may appeal the terms and conditions of a restoration or replacement
order within 30 days of receipt of written notice of the order. The time frame for the appeal
may be extended beyond 30 days by mutual agreement, in writing, between the landowner
or responsible party, the local government unit, and the enforcement authority. If the
written request is not submitted within 30 days, the order is final. The board's executive
director must review the request and supporting evidence and render a decision within 60
days of receipt of a petition. A decision on an appeal must be considered the decision of an
agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.
Sec. 73.
Minnesota Statutes 2010, section 103G.2242, subdivision 14, is amended to
read:
Subd. 14.
Fees established.
(a) Fees must be assessed for managing wetland bank
accounts and transactions as follows:
(1) account maintenance annual fee: one percent of the value of credits not to
exceed $500;
(2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not
to exceed $1,000 per establishment, deposit, or transfer; and
(3) withdrawal fee: 6.5 percent of the value of credits withdrawn.
(b) The board may establish fees at or below the amounts in paragraph (a) for
single-user or other dedicated wetland banking accounts.
(c) Fees for single-user or other dedicated wetland banking accounts established
pursuant to section 103G.005, subdivision 10e, clause (4), are limited to establishment
of a wetland banking account and are assessed at the rate of 6.5 percent of the value of
the credits not to exceed $1,000.
Sec. 74.
Minnesota Statutes 2010, section 103G.2251, is amended to read:
103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK
CREDIT.
In greater than 80 percent areas, preservation of wetlands owned by the state or a
local unit of government, protected by a permanent conservation easement as defined
under section 84C.01 and held by the board, may be eligible for wetland replacement
or mitigation credits, according to rules adopted by the board. To be eligible for credit
under this section, a conservation easement must be established after May 24, 2008,
and approved by the board. Wetland areas on private lands preserved under this section
are not eligible for replacement or mitigation credit if the area has been protected using
public conservation funds.
Sec. 75.
[103G.2373] ELECTRONIC TRANSMISSION.
For purposes of sections 103G.2212 to 103G.2372, notices and other documents
may be sent by electronic transmission unless the recipient has provided a mailing address
and specified that mailing is preferred.
Sec. 76.
Minnesota Statutes 2010, section 103G.311, subdivision 5, is amended to read:
Subd. 5.
Demand for hearing.
(a) If a hearing is waived and an order is made
issuing or denying the permit, the applicant, the managers of the watershed district, the
board of supervisors of the soil and water conservation district, or the mayor governing
body of the municipality may file a demand for hearing on the application. The demand
for a hearing must be filed within 30 days after mailed notice of the order with the bond
required by subdivision 6.
(b) The commissioner must give notice as provided in subdivision 2, hold a hearing
on the application, and make a determination on issuing or denying the permit as though
the previous order had not been made.
(c) The order issuing or denying the permit becomes final at the end of 30 days after
mailed notice of the order to the applicant, the managers of the watershed district, the
board of supervisors of the soil and water conservation district, or the mayor governing
body of the municipality, and an appeal of the order may not be taken if:
(1) the commissioner waives a hearing and a demand for a hearing is not made; or
(2) a hearing is demanded but a bond is not filed as required by subdivision 6.
Sec. 77.
Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read:
Subdivision 1.
Authorization Issuance; validity.
(a) The commissioner may issue
permits, with or without a fee, to:
(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public
waters;
(2) transplant aquatic plants into public waters;
(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
under prescribed conditions to protect the waters, desirable species of fish, vegetation,
other forms of aquatic life, and the public.
(b) Application for a permit must be accompanied by a permit fee, if required.
(c) An aquatic plant management permit is valid for one growing season and expires
on December 31 of the year it is issued unless the commissioner stipulates a different
expiration date in rule or in the permit.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 78.
Minnesota Statutes 2010, section 103G.615, is amended by adding a
subdivision to read:
Subd. 3a.
Invasive aquatic plant management permit.
(a) "Invasive aquatic plant
management permit" means an aquatic plant management permit as defined in rules of the
Department of Natural Resources that authorizes the selective control of invasive aquatic
plants at a scale to cause a significant lakewide or baywide reduction in the abundance of
the invasive aquatic plant.
(b) The commissioner may waive the dated signature of approval requirement in
rules of the Department of Natural Resources for invasive aquatic plant management
permits if obtaining signatures would create an undue burden on the permittee or if
the commissioner determines that aquatic plant control is necessary to protect natural
resources.
(c) If the signature requirement is waived under paragraph (b) because obtaining
signatures would create an undue burden on the permittee, the commissioner shall require
an alternate form of landowner notification, including news releases or public notices in
a local newspaper, a public meeting, or a mailing to the most recent permanent address
of affected landowners. The notification must be given annually and must include: the
proposed date of treatment, the target species, the method of control or product being
used, and instructions on how the landowner may request that control not occur adjacent
to the landowner's property.
(d) The commissioner may allow dated signatures of approval obtained for an
invasive aquatic plant management permit to satisfy rules of the Department of Natural
Resources to remain valid for three years if property ownership remains unchanged.
EFFECTIVE DATE.
This section is effective the day following final enactment
and applies to violations committed on or after that date.
Sec. 79.
Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision
to read:
Subd. 11.
Aquatic application of pesticides.
(a) The agency may issue under
requirement of the federal government national pollutant discharge elimination system
permits for pesticide applications for the following designated use patterns:
(1) mosquitoes and other flying insect pests;
(2) forest canopy pests;
(3) aquatic nuisance animals; and
(4) vegetative pests and algae.
If the federal government no longer requires a permit for a designated use pattern,
the agency must immediately terminate the permit. The agency shall not require permits
for aquatic pesticide applications other than those designated use patterns required by
the federal government.
(b) The agency shall not regulate or require permits for the terrestrial application of
pesticides or any other pesticide related permit except as provided in paragraph (a).
Sec. 80.
Minnesota Statutes 2010, section 115.55, subdivision 2, is amended to read:
Subd. 2.
Local ordinances.
(a) All counties must adopt ordinances that comply
with revisions to the subsurface sewage treatment system rules within two years of the
final adoption by the agency unless all towns and cities in the county have adopted the
ordinances. County ordinances must apply to all areas of the county other than cities or
towns that have adopted ordinances that comply with this section and are as strict as
the applicable county ordinances.
(b) A copy of each ordinance adopted under this subdivision must be submitted to
the commissioner upon adoption.
(c) A local unit of government must make available to the public upon request a
written list of any differences between its ordinances and rules adopted under this section.
Sec. 81.
Minnesota Statutes 2010, section 115A.03, subdivision 25a, is amended to
read:
Subd. 25a.
Recyclable materials.
"Recyclable materials" means materials that are
separated from mixed municipal solid waste for the purpose of recycling or composting,
including paper, glass, plastics, metals, automobile oil, and batteries, and source-separated
compostable materials. Refuse-derived fuel or other material that is destroyed by
incineration is not a recyclable material.
Sec. 82.
Minnesota Statutes 2010, section 115A.95, is amended to read:
115A.95 RECYCLABLE MATERIALS.
(a) Recyclable materials must be delivered to the appropriate materials processing
facility as outlined in rules of the agency or any other facility permitted to recycle or
compost the materials.
(b) A disposal facility or a resource recovery facility that is composting mixed
municipal solid waste, burning waste, or converting waste to energy or to materials for
combustion may not accept source-separated recyclable materials, and a solid waste
collector or transporter may not deliver source-separated recyclable materials to such a
facility, except for recycling or transfer to a recycler, unless the commissioner determines
that no other person is willing to accept the recyclable materials.
Sec. 83.
Minnesota Statutes 2010, section 115B.412, subdivision 8, is amended to read:
Subd. 8.
Transfer of title; disposal of property.
The owner of a qualified facility
may, as part of the owner's activities under section 115B.40, subdivision 4 or 5, offer to
transfer title to all or any portion of the property described in the facility's most recent
permit, including any property adjacent to that property the owner wishes to transfer, to
the commissioner. The commissioner may accept the transfer of title if the commissioner
determines that to do so is in the best interest of the state. If, after transfer of title to the
property, the commissioner determines that no further response actions are required on the
portion of the property being disposed of under sections 115B.39 to 115B.445 and it is in
the best interest of the state to dispose of property acquired under this subdivision, the
commissioner may do so under section 115B.17, subdivision 16. The property disposed of
under this subdivision is no longer part of the qualified facility.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 84.
Minnesota Statutes 2010, section 115B.412, is amended by adding a
subdivision to read:
Subd. 8a.
Boundary modification.
The commissioner may modify the boundaries
of a qualified facility to exclude certain property if the commissioner determines that no
further response actions are required to be conducted under sections 115B.39 to 115B.445
on the excluded property and the excluded property is not affected by disposal activities
on the remaining portions of the qualified facility. Any property excluded under this
subdivision is no longer part of the qualified facility.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 85.
Minnesota Statutes 2010, section 115B.412, is amended by adding a
subdivision to read:
Subd. 8b.
Delisting.
If all solid waste from a qualified facility has been relocated
outside the qualified facility's boundaries and the commissioner has determined that no
further response actions are required on the property under sections 115B.39 to 115B.445,
the commissioner may delist the facility by removing it from the priority list established
under section 115B.40, subdivision 2, after which the property shall no longer be a
qualified facility. The commissioner has no further responsibilities under sections 115B.39
to 115B.445 for a facility delisted under this subdivision.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 86.
[116C.261] ENVIRONMENTAL PERMIT PLAN TIMELINE
REQUIREMENT.
(a) If environmental review under chapter 116D will be conducted for a project and
a state agency is the responsible government unit, that state agency shall prepare:
(1) a plan that will coordinate administrative decision-making practices, including
monitoring, analysis and reporting, and public comments and hearings; and
(2) a timeline for the issuance of all federal, state, and local permits required for
the project.
(b) The plan and timeline shall be delivered to the project proposer by the time the
environmental assessment worksheet or draft environmental impact statement is published
in the EQB Monitor.
Sec. 87.
Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by
Laws 2011, chapter 4, section 6, is amended to read:
Subd. 2a.
When prepared.
Where there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant
environmental impacts, discusses appropriate alternatives to the proposed action and
their impacts, and explores methods by which adverse environmental impacts of an
action could be mitigated. The environmental impact statement shall also analyze those
economic, employment and sociological effects that cannot be avoided should the action
be implemented. To ensure its use in the decision-making process, the environmental
impact statement shall be prepared as early as practical in the formulation of an action.
No mandatory environmental impact statement may be required for an ethanol plant,
as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than
125,000,000 gallons of ethanol annually and is located outside of the seven-county
metropolitan area.
(a) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet shall not be required for the
expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph
(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity
of the expanded or converted facility to produce alcohol fuel, but must be required if
the ethanol plant meets or exceeds thresholds of other categories of actions for which
environmental assessment worksheets must be prepared. The responsible governmental
unit for an ethanol plant project for which an environmental assessment worksheet is
prepared shall be the state agency with the greatest responsibility for supervising or
approving the project as a whole.
(b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet in a manner to be determined by
the board and shall provide copies of the environmental assessment worksheet to the board
and its member agencies. Comments on the need for an environmental impact statement
may be submitted to the responsible governmental unit during a 30-day period following
publication of the notice that an environmental assessment worksheet has been completed.
The responsible governmental unit's decision on the need for an environmental impact
statement shall be based on the environmental assessment worksheet and the comments
received during the comment period, and shall be made within 15 days after the close of
the comment period. The board's chair may extend the 15-day period by not more than 15
additional days upon the request of the responsible governmental unit.
(c) An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 25 100
individuals who reside or own property in the state, submitted before the proposed
project has received final approval by the appropriate governmental units, demonstrates
that, because of the nature or location of a proposed action, there may be potential for
significant environmental effects. Petitions requesting the preparation of an environmental
assessment worksheet shall be submitted to the board. The chair of the board shall
determine the appropriate responsible governmental unit and forward the petition to it.
A decision on the need for an environmental assessment worksheet shall be made by
the responsible governmental unit within 15 days after the petition is received by the
responsible governmental unit. The board's chair may extend the 15-day period by not
more than 15 additional days upon request of the responsible governmental unit.
(d) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:
(1) the proposed action is:
(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
(ii) an expansion of an existing animal feedlot facility with a total cumulative
capacity of less than 1,000 animal units;
(2) the application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and
(3) the county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.
(e) The board may, prior to final approval of a proposed project, require preparation
of an environmental assessment worksheet by a responsible governmental unit selected
by the board for any action where environmental review under this section has not been
specifically provided for by rule or otherwise initiated.
(f) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts, which, because of the nature or location
of the project, have the potential for significant environmental effects. The same process
shall be utilized to determine the form, content and level of detail of the statement as well
as the alternatives which are appropriate for consideration in the statement. In addition,
the permits which will be required for the proposed action shall be identified during the
scoping process. Further, the process shall identify those permits for which information
will be developed concurrently with the environmental impact statement. The board
shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.
(g) The responsible governmental unit shall, to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental review
and between environmental review and environmental permitting. Whenever practical,
information needed by a governmental unit for making final decisions on permits or
other actions required for a proposed project shall be developed in conjunction with the
preparation of an environmental impact statement.
(h) An environmental impact statement shall be prepared and its adequacy
determined within 280 days after notice of its preparation unless the time is extended by
consent of the parties or by the governor for good cause. The responsible governmental
unit shall determine the adequacy of an environmental impact statement, unless within 60
days after notice is published that an environmental impact statement will be prepared,
the board chooses to determine the adequacy of an environmental impact statement. If an
environmental impact statement is found to be inadequate, the responsible governmental
unit shall have 60 days to prepare an adequate environmental impact statement.
(i) The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.
Sec. 88.
Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read:
Subd. 18.
Motor vehicle.
(a) "Motor vehicle" means any self-propelled vehicle
designed and originally manufactured to operate primarily on highways, and not operated
exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a
self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled
by electric power obtained from overhead trolley wires but not operated upon rails. It does
not include snowmobiles, manufactured homes, or park trailers.
(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle
(1) has at least four wheels, (2) is owned and operated by a physically disabled person,
and (3) displays both disability plates and a physically disabled certificate issued under
section 169.345.
(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain
vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle
before August 1, 1985. The owner may continue to license an all-terrain vehicle described
in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another
owner, is destroyed, or fails to comply with the registration and licensing requirements
of this chapter.
(d) "Motor vehicle" does not include an electric personal assistive mobility device as
defined in section 169.011, subdivision 26.
(e) "Motor vehicle" does not include a motorized foot scooter as defined in section
169.011, subdivision 46.
(f) "Motor vehicle" includes an off-highway motorcycle modified to meet the
requirements of chapter 169 according to section 84.788, subdivision 12.
EFFECTIVE DATE.
This section is effective January 1, 2012.
Sec. 89.
Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:
Subdivision 1.
Designation of roadway, permit.
The governing body of any county,
home rule charter or statutory city, or town may by ordinance authorize the operation of
motorized golf carts, four-wheel all-terrain vehicles, utility task vehicles, or mini trucks,
on designated roadways or portions thereof under its jurisdiction. Authorization to operate
a motorized golf cart, four-wheel all-terrain vehicle, utility task vehicle, or mini truck is
by permit only. For purposes of this section, a four-wheel:
(1) an all-terrain vehicle is a motorized flotation-tired vehicle with four low-pressure
tires that is limited in engine displacement of less than 800 cubic centimeters and total dry
weight less than 600 pounds, and has the meaning given in section 84.92;
(2) a mini truck has the meaning given in section 169.011, subdivision 40a.; and
(3) a utility task vehicle means a side-by-side four-wheel drive off-road vehicle that
has four wheels, is propelled by an internal combustion engine with a piston displacement
capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less
than 2,600 pounds.
Sec. 90.
Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:
Subd. 2.
Ordinance.
The ordinance shall designate the roadways, prescribe the
form of the application for the permit, require evidence of insurance complying with the
provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent
with the provisions of this section, under which a permit may be granted. Permits may be
granted for a period of not to exceed one year three years, and may be annually renewed.
A permit may be revoked at any time if there is evidence that the permittee cannot safely
operate the motorized golf cart, four-wheel all-terrain vehicle, utility task vehicle, or mini
truck on the designated roadways. The ordinance may require, as a condition to obtaining
a permit, that the applicant submit a certificate signed by a physician that the applicant
is able to safely operate a motorized golf cart, four-wheel all-terrain vehicle, utility task
vehicle, or mini truck on the roadways designated.
Sec. 91.
Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:
Subd. 3.
Times of operation.
Motorized golf carts and four-wheel, all-terrain
vehicles, and utility task vehicles may only be operated on designated roadways from
sunrise to sunset, unless equipped with original equipment headlights, taillights, and
rear-facing brake lights. They shall not be operated in inclement weather, except during
emergency conditions as provided in the ordinance, or when visibility is impaired by
weather, smoke, fog or other conditions, or at any time when there is insufficient light
visibility to clearly see persons and vehicles on the roadway at a distance of 500 feet.
Sec. 92.
Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:
Subd. 5.
Crossing intersecting highways.
The operator, under permit, of a
motorized golf cart, four-wheel all-terrain vehicle, utility task vehicle, or mini truck may
cross any street or highway intersecting a designated roadway.
Sec. 93.
Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:
Subd. 6.
Application of traffic laws.
Every person operating a motorized golf cart,
four-wheel all-terrain vehicle, utility task vehicle, or mini truck under permit on designated
roadways has all the rights and duties applicable to the driver of any other vehicle under
the provisions of this chapter, except when those provisions cannot reasonably be applied
to motorized golf carts, four-wheel all-terrain vehicles, utility task vehicles, or mini trucks
and except as otherwise specifically provided in subdivision 7.
Sec. 94.
Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:
Subd. 7.
Nonapplication of certain laws.
The provisions of chapter 171 are
applicable to persons operating mini trucks, but are not applicable to persons operating
motorized golf carts, utility task vehicles, or four-wheel all-terrain vehicles under permit
on designated roadways pursuant to this section. Except for the requirements of section
169.70, the provisions of this chapter relating to equipment on vehicles are not applicable
to motorized golf carts, utility task vehicles, or four-wheel all-terrain vehicles operating,
under permit, on designated roadways.
Sec. 95.
Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:
Subd. 8.
Insurance.
In the event persons operating a motorized golf cart, four-wheel
utility task vehicle, all-terrain vehicle, or mini truck under this section cannot obtain
liability insurance in the private market, that person may purchase automobile insurance,
including no-fault coverage, from the Minnesota Automobile Insurance Plan under
sections 65B.01 to 65B.12, at a rate to be determined by the commissioner of commerce.
Sec. 96.
Minnesota Statutes 2010, section 239.791, is amended by adding a subdivision
to read:
Subd. 16.
Exemption for recreational vehicle manufacturer.
A person
responsible for the product may offer for sale, sell, or dispense gasoline that is not
oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively
for research and development by a manufacturer of snowmobiles, all-terrain vehicles,
motorcycles, or recreational vehicles.
Sec. 97.
Minnesota Statutes 2010, section 398.33, subdivision 2, is amended to read:
Subd. 2.
Fees.
For the purposes of sections 398.31 to 398.36, the county board of
any county may prescribe and provide for the collection of fees for the use of any county
park or other unit of the county park system or any facilities, accommodations, or services
provided for public use therein, such fees not to exceed that prescribed in state parks.
EFFECTIVE DATE.
This section is effective the day following final enactment.
Sec. 98.
Laws 2010, chapter 361, article 4, section 73, is amended to read:
Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
ADOPTION DELAY.
(a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county
may adopt an ordinance by February 4, 2012 2014, to comply with the February 4, 2008,
revisions to subsurface sewage treatment system rules. By April 4, 2011, the Pollution
Control Agency shall adopt the final rule amendments to the February 4, 2008, subsurface
sewage treatment system rules. A county must continue to enforce its current ordinance
until a new one has been adopted.
(b) By January 15, 2011, the agency, after consultation with the Board of Water and
Soil Resources and the Association of Minnesota Counties, shall report to the chairs and
ranking minority members of the senate and house of representatives environment and
natural resources policy and finance committees and divisions on:
(1) the technical changes in the rules for subsurface sewage treatment systems
that were adopted on February 4, 2008;
(2) the progress in local adoption of ordinances to comply with the rules; and
(3) the progress in protecting the state's water resources from pollution due to
subsurface sewage treatment systems.
Sec. 99.
Laws 2011, chapter 14, section 16, is amended to read:
Sec. 16. REPEALER.
Minnesota Statutes 2010, section 41A.09, subdivisions 1a, 2a, 3a, 4, and 10, are
repealed.
Sec. 100. SHALLOW LAKES MANAGEMENT REPORT.
By January 1, 2012, the commissioner of natural resources shall submit a report to
the senate and house of representatives committees and divisions with jurisdiction over
natural resources policy that includes:
(1) a summary of the science and ecology of shallow lakes;
(2) a summary of the significance of shallow lakes to continental and state waterfowl
populations and Minnesota's waterfowl heritage;
(3) examples and documented results of previous temporary water-level management
activities;
(4) a list of current statutes and rules applicable to shallow lakes including, but not
limited to, water-level management of shallow lakes; and
(5) a list of any changes to statute necessary that would allow the commissioner of
natural resources, through shallow lake management, to better achieve the state's wildlife
habitat and clean water goals and address the threats of invasive species.
Sec. 101. CONSUMPTIVE USE OF WATER.
Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature
approves of the consumptive use of water under a permit of more than 2,000,000 gallons
per day average in a 30-day period in Cook County, in connection with snowmaking
and potable water. Notwithstanding any other law to the contrary, the permit for the
consumptive use of water approved under this section shall be issued, subject to the
fees specified under Minnesota Statutes, section 103G.271, without any additional
administrative process to withdraw up to 150,000,000 gallons of water annually for
snowmaking and potable water purposes. The permit authorized under this section shall
be suspended if the flow of the Poplar River falls below 15 cubic feet per second for more
than five consecutive days. The permit authorized under this section shall be reinstated
when the flow of the Poplar River resumes to 15 cubic feet per second or greater. The
permit shall be for a term of five years.
Sec. 102. RULEMAKING; SOLID WASTE LAND DISPOSAL FACILITY
PERMITS.
(a) The commissioner of the Pollution Control Agency shall amend Minnesota
Rules, part 7001.3500, subpart 1, to extend permit terms to ten years and take into account
site capacity for a solid waste land disposal facility.
(b) In amending the rules under this section, the commissioner of the Pollution
Control Agency may use the good cause exemption under Minnesota Statutes, section
14.388, subdivision 1, clause (3), and Minnesota Statutes, section 14.386, does not apply,
except as provided in Minnesota Statutes, section 14.388.
Sec. 103. TERRY MCGAUGHEY MEMORIAL BRIDGE.
The commissioner of natural resources shall designate the Paul Bunyan Trail bridge
that crosses Excelsior Road in Baxter as the Terry McGaughey Memorial Bridge. The
commissioner shall place signs with the designation on both ends of the bridge.
Sec. 104. CAMP FIVE TOWNSHIP EASEMENT LEASE.
(a) By September 1, 2011, the commissioner of natural resources shall grant to the
local township a road easement across state land administered by the commissioner in
Sections 16 and 21, Township 66 N, Range 19 W, St. Louis County.
(b) Provided, however, if the local township will not accept the above-described
easement, the commissioner of natural resources shall grant at fair market value to the
lessee of former State Lease No. 144-012-0425, a 20-year road lease across state land
administered by the commissioner in Sections 16 and 21, Township 66 N, Range 19 W,
St. Louis County.
(c) Notwithstanding Minnesota Statutes, section 16A.125, subdivision 5, the market
value fee for the school lands must be deposited into the permanent school fund.
Sec. 105. TEMPORARY WARNING REQUIREMENTS; AQUATIC INVASIVE
SPECIES RULES DECAL.
A violation of Minnesota Statutes, section 86B.508, prior to August 1, 2014, shall
not result in a penalty, but is punishable only by a warning.
Sec. 106. AQUATIC INVASIVE SPECIES MANAGEMENT
IMPLEMENTATION COSTS; REPORT.
By January 15, 2012, the commissioner of natural resources shall report to the
house of representatives and senate committees with jurisdiction over environment and
natural resources policy and finance on the long-term funding needed to implement and
enforce Minnesota Statutes, chapter 84D, including recommendations on the appropriate
amount of the watercraft surcharge.
Sec. 107. REVISOR'S INSTRUCTION.
The revisor of statutes shall change the range reference "sections 103F.701 to
103F.761" wherever it appears in Minnesota Statutes and Minnesota Rules to "sections
103F.701 to 103F.755."
Sec. 108. REPEALER.
(a)
Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 6, 7, and 8;
85.013, subdivision 2b; 86B.850, subdivision 2; 103F.711, subdivision 7; 103F.721;
103F.731, subdivision 1; and 103F.761,
are repealed.
(b) Minnesota Statutes 2010, section 84D.02, subdivision 4,
is repealed.
EFFECTIVE DATE.
Paragraph (b) is effective the day following final enactment.