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HF 902 Senate Long Description

Appropriating money for environment and natural resources purposes

ARTICLE 1 - ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS OPTION B

Appropriating money to the commissioner of environmental protection for the clean water partnership program, for water quality protection assistance and education, for individual sewage treatment system (ISTS) administration and grants, for new technology review, for the county feedlot program, for the small business environmental improvement loan, air pollution and water quality monitoring and leaking underground storage tank programs, for environmental response, compensation and compliance, for county SCORE block grants, for metropolitan landfill abatement, for environmental assistance grants or loans and for administrative support, to the commissioner of natural resources (DNR)
for land, mineral resources, water resources, forest, parks and recreation, trails and waterways and fish and wildlife management, for ecological services, for enforcement activities and for operations support, to the Minnesota conservation corps, the board of water and soil resources (BOWSR) for local government units natural resources block and soil and water conservation district grants and for a grant to the Red River basin commission to develop a basin plan, to the zoological board, to the science museum and to the metropolitan council for regional parks and trails maintenance and operations, to the Minnesota future resources fund, to the legislative commission on Minnesota resources for administrative expenses and for the environment and natural resources trust fund citizen advisory committee and to the commissioners of natural resources (DNR), agriculture and commerce, to the university of Minnesota, to the board of water and soil resources (BOWSR) and to the commissioner of the pollution control agency (PCA) for certain environment and natural resources projects approved by the LCMR relating to wildlife habitat, scientific and natural areas, prairie stewardship, forest development and protection, invasive species control, parks and recreation areas, trails, shooting ranges, water quality and management, feedlot runoff treatment, floodwater retention, soil surveys, energy resources and environmental education; specifying certain data availability, project, match, recycled materials purchase, energy conservation and accessibility requirements and certain payment conditions; modifying the disposition of receipts to the forest suspense account by the commissioner of finance, providing for transfer of certain receipts to the forest management investment account; increasing the limit on gifts by the commissioner of natural resources (DNR) to members of the public to promote conservation or create awareness of natural resources in the state; expanding the authority of the commissioner of natural resources (DNR) relating to electronic transactions and authorizing the commissioner to establish an electronic licensing system commission for recovery of electronic licensing system costs; authorizing and providing for the commissioner of natural resources to conduct criminal background checks for volunteer instructor applicants for safety training and education programs; modifying the landowners bill of rights for sales of land to the state, authorizing mutual agreements between nonprofit organizations or governmental entities and the commissioner of natural resources (DNR) for waiver of certain land exchange requirements and authorizing commissioner right of first refusal agreements with landowners before determining the value of the land, specifying certain limits; modifying certain crediting requirements for the wild rice management account; requiring the commissioner of natural resources (DNR) to charge a nonrefundable application fee to obtain road easements across state land; authorizing conservation officers or other licensed peace officers to issue civil citations for operating off highway motorcycles or off road or all-terrain vehicles on restricted wetlands; authorizing the commissioner of
natural resources (DNR) to permit department personnel and equipment to be used to assist local government units in maintaining off highway vehicle trails; requiring the commissioner to establish an off highway vehicle safety and conservation program for grants to organizations to encourage off highway vehicle clubs to assist in safety and environmental education and in improving, maintaining and monitoring trails on state forest and other public lands, specifying certain organization eligibility and grant use requirements; prohibiting worker displacement through the use of volunteers; requiring registration decals issued by the commissioner on off highway motorcycles, specifying certain display requirements and exceptions; authorizing commissioner of natural resources (DNR) recreational vehicle or watercraft registration refunds under certain conditions; imposing certain noise emission standards on the motorcycles; requiring persons receiving off highway motorcycle violation citations to complete the environment and safety education and training program; requiring the addition of a licensing agents issuing fee to the fees for issuing duplicate off highway motorcycle safety certificates; modifying certain off road vehicle registration requirements, requiring the commissioner to allow the operation of nonregistered vehicles one day a year at the Iron Range off highway vehicle recreation area; authorizing commissioner of natural resources (DNR) recreational vehicle refunds under certain conditions; requiring the commissioner of natural resources to establish a comprehensive off road vehicle environment and safety education and training program; prohibiting operation of certain off road vehicles equipped with snorkel devices; prohibiting snowmobile dealer charges for temporary permits; authorizing commissioner of natural resources watercraft registration refunds under certain conditions; requiring use of the snowmobile state trail sticker fee proceeds for grants in aid; modifying the process for issuing snowmobile state trail stickers relating to the appointment and duties of licensing agents; expanding authorized use of the snowmoile trails and enforcement account to maintenance of trails on Lake of the Woods and Rainy Lake and on Burntside, Crane, Echo, Little Long, Mud, Pelican, Shagawa and Vermilion lakes in St. Louis county; modifying certain snowmobile fee deposit requirements; providing for the assignment of certain recreation vehicles registration numbers; authorizing commissioner of natural resources (DNR) recreational vehicle registration refunds under certain conditions; requiring the addition of a licensing agents issuing fee to the fees for issuing duplicate all-terrain vehicle (ATV) safety certificates; requiring certain individuals based on age or citations receipt to successfully complete the independent study and/or testing and operating course components of ATV safety training; modifying the youthful operator restriction relating to ATV engine size and certain passenger restrictions; authorizing the use of ATV's and off road vehicles off forest trails or roads on forest lands classified as managed or limited under certain conditions, excepting the Richard J. Dorer memorial hardwood forest, authorizing the commissioner to determine the use of ATV's on specific forest roads on state forest lands classified as closed for hunting purposes during big game open seasons; creating certain exceptions to the prohibition on operation of ATV's on
roadways, shoulders or rights-of-way; modifying certain provisions relating to commercial fishing restrictions in infested waters, requiring the commissioner of natural resources (DNR) to provide commercial licensees with a current listing of designated infested waters at the time of license or permit issuance; authorizing trails to be established to extend the glacial lakes trail system from New London to Cold Spring; authorizing the commissioner to by written order provide an alternative means to display and validate annual state park permits; authorizing the commissioner to authorize waiver or reduction of state park entrance fees; modifying certain fee deposit requirements; increasing the fees for cross country ski passes; expanding the authority of the commissioner relating to electronic transactions; increasing certain watercraft license fees; authorizing commissioner watercraft registration refunds under certain conditions; creating the water recreation account in the natural resources fund for the deposit of certain fees, surcharges, fines, penalties and unrefunded gasoline tax receipts relating to watercraft, restricting use of money in the account to water access and boating facilities on public waters, to certain watercraft or boating programs and to management of aquatic nonnative species and aquatic plants; uthorizing and providing for electronic issuance of burning permits by the commissioner or authorized agents or internet sites and setting annual fees for the permits; creating a burning permit account in the natural resources fund for deposit of the fees and appropriating the money in the account to the commissioner for the costs of operating the burning permit; establishing the forest bough account in the natural resources fund for deposit of bough buyers fees; providing for transfer of certain receipts to the forest management investment account; exempting forest trail designation changes from certain rulemaking requirements of the commissioner; requiring the commissioner to give preference to Minnesota grown planning stock; including forestry education and technical assistance purposes for use of the forest nursery account; eliminating the requirement for the sale of certain internal improvement lands; establishing a land management account in the natural resources fund for deposit of the fees collected and appropriating money in the account to the commissioner for the lands and minerals division to administer the road easement program; creating the minerals management account in the natural resources fund for the crediting of a certain percentage of mineral lease payments; requiring distribution of a certain excess balance in the account to the permanent school and university funds, authorizing expenditure of the remaining amount by the
commissioner for mineral resource management and projects to enhance future mineral income and promote new mineral resource opportunities; modifying certain forest land exchange provisions, eliminating the authority to exchange class C land and changing certain references to class C land to riparian land; specifying certain duties of the commissioner relating to the valuation of class A and class B lands;
modifying certain conditions for the sale of the lands, authorizing exchange for land of lower value; eliminating certain duties of the land exchange board, transferring certain responsibilities to the commissioner; specifying certain land exchange fee requirements; modifying certain requirements for the exchange of land of greater value; eliminating certain forms prescription duties of the commissioner and the requirement for county auditors to file deeds or certificates of registered title; repealing certain provisions relating to the obtaining of land of lesser value, appraisal and survey fees and title transfers; extending the expiration date of the game and fish budgetary oversight committee; freezing the payment in lieu of taxes on wildlife land; clarifying the authorized uses of certain game and fish license or stamp permit fee revenues; eliminating the requirement for the commissioner to include
information on projects in the annual lifetime fish and wildlife trust fund
receipts and expenditures report; authorizing an issuing fee on game and fish licenses, permits, stamps, seals, tags and coupons including licenses issued without a fee; authorizing the commissioner to require persons taking, possessing and transporting certain species of fish to tag and register the fish; modifying certain requirements for the firearms safety and wildlife identification course, authorizing certain youth with a firearms safety certificate to purchase certain hunting licenses in advance of validity; requiring the addition of a licensing agents issuing fee to the fees firearm safety certificates; placing an additional requirement on the possession of previous hunting licenses for hunting license purchase eligibility purposes; authorizing the commissioner to issue special fish management tags and to impose a nonrefundable application fee; clarifying certain requirements for the measurement of fish length; modifying the season for possession of nets and spears for fishing
purposes and for the taking of walleye, sauger, northern pike, muskellunge and large and smallmouth bass; increasing certain water use processing and water bank program application fees; removing the sunset for the citizen monitoring of water quality assistance to the pollution control agency; limiting the tank fee for installation of performance based individual sewage treatment systems (ISTS); modifying the definition of mixed municipal solid waste, clarifying source separated compostable materials; extending the expiration date of the environmental education advisory board under the office of environmental assistance (OEA); replacing the solid waste management and prevention, reduction and recycling advisory councils with a temporary environmental innovations advisory council, specifying certain membership requirements and duties; eliminating a certain waste management fees annual reporting requirement of local government units; providing for the indemnification of pollution prevention assistance program participants; creating the Minnesota conservation heritage council; providing for governance of the foundation by a board, specifying certain membership requirements and duties; creating a conservation heritage account in the natural resources fund and appropriating money in the account and from the environment and natural resources trust fund to the foundation for administrative costs and for certain natural resources expenditures respectively, specifying certain audit requirements; eliminating the legislative commission on Minnesota
resources and replacing duties of the LCMR with responsibilities of the
council; modifying certain strategic plan and peer review requirements under the trust fund; limiting administrative expenses; providing for certain
conflicts of interest, for allocation of the state land and water conservation account and for allocation of a certain amount of contributions received by the commissioner of public safety under the special critical habitat license plate program and from the lottery in lieu sales tax to the conservation heritage account; modifying certain biennial report content requirements; transitional provisions; specifying certain annual reporting requirements of recipients of appropriations from the environment and natural resources trust fund used to acquire interest in real property; authorizing the issuance of critical habitat license plates for recreational vehicles; subjecting trailers of motorboats subject to seizure and forfeiture for operation while impaired (DWI,BWI) to forfeiture; expanding the definition of farm grown closed loop biomass under the biomass power mandate to sustainably managed woody biomass,
defining sustainably managed woody biomass; regulating a certain municipal waste to energy project, specifying certain requirements for the harvesting of woody biomass, requiring annual preparation of fuel plans and regulating the wood procurement process, requiring adoption by a certain date of guidelines or best management practices for sustainably managed woody biomass by the department of natural resources (DNR) for management and maintenance of brushland and open land habitat and the by forest resources council for logging slash, partially exempting the project from certain farm grown closed loop biomass use requirements and encouraging the university of Minnesota initiative for renewable energy and the environment to solicit and fund high quality research projects to develop and consolidate scientific information relating to the removal of woody biomass from forest and brush lands; modifying certain conditions and the procedure for public utilities commission (PUC) approval of pending requests for biomass projects, specifying certain power purchase agreement requirements; expanding the definition of lawful purpose expenditures for lawful gambling purposes to contributions to or expenditures for DNR coordinated safety training and educational programs supplies and materials; Specifying certain requirements for the regulation of nonconforming uses of city or town property in floodplain, shoreland and wild and scenic river areas; requiring the metropolitan council to carry out metropolitan area water supply planning activities, specifying certain minimum inclusion requirements; establishing an advisory committee to assist the council in the planning activities, specifying certain membership requirements and requiring council reports relating to planning activities continuation to the legislature; extending the appropriation for the Mississippi Whitewater Park; correcting the purpose of a certain prior appropriation to the university of Minnesota for land acquisition at the landscape arboretum; expanding certain forest classification status review requirements of the commissioner to state forests classified as limited; modifying the iron nugget production scale demonstration facility
environmental review exemption for projects involving single rotary hearth
furnaces; providing for the continuation of agreements entered into between the council and participants in the credit enhancement
program; requiring the council to transfer funds from the proceeds of solid
waste bonds available but not needed for the credit enhancement program to the general fund for water supply planning activities; requiring the commissioner of natural resources to amend rules to permit individuals to operate all terrain vehicles on privately owned land in areas open to taking deer by firearm; authorizing the commissioner to use a good cause exemption to amend rules to conform to the fish measurement changes; requiring the commissioner to work with trail providers to increase snowmobile grooming rates and maintenance reimbursement; requiring the PCA to report to the legislature by a certain date on the feasibility of establishing a central clearinghouse to link emission and exposure data from existing sources with health data from the department of health to assist state agencies and organizations to be come eligible for federal environmental public health tacking funds; repealing provisions relating to state park permit exemptions, the LCMR and the commission advisory committee and certain trust fund expenditure restrictions the off highway vehicle safety and conservation program, the existing metropolitan council water use and supply plan development and update requirements and certain provisions relating to the obtaining of land of lesser value, appraisal and survey fees and title transfers

ARTICLE 2 - OPTION A FROM HOUSE RESOLUTION 8

Reducing certain appropriations to the department of environmental protection, the department of natural resources (DNR), the conservation corps, the board of water and soil resources (BOWSR), the metropolitan council and the science museum upon the failure to enact certain legislation

ARTICLE 3 - ENVIRONMENTAL REORGANIZATION

Merging the office of environmental assistance with the pollution control agency (PCA) to create the department of environmental protection, making conforming changes; providing for the allocation of revenues from the waste management services use tax to be credited to the environmental fund
(ra)