SF 3056

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to natural resources; providing for disposition of proceeds from sale 1.3of administrative sites; modifying environmental learning center provisions; 1.4modifying recreational vehicle and watercraft provisions; modifying state park 1.5provisions; modifying campfire provisions; providing for alternative recording 1.6for state forest roads; modifying citizen oversight subcommittees; modifying 1.7acquisition authority; eliminating certain positions and reports; managing school 1.8trust fund lands; improving the returns for school trust fund lands; redefining 1.9the mission of the Permanent School Fund Advisory Committee; providing 1.10funding for the Pine Grove Zoo; modifying solid waste provisions; modifying 1.11air permit provisions; providing for certain easements on tax-forfeited land; 1.12requiring rulemaking; requiring a report; appropriating money;amending 1.13Minnesota Statutes 2006, sections 16A.06, by adding a subdivision; 84.027, 1.14by adding a subdivision; 84.0857; 84.0875; 84.788, subdivision 3; 84.82, 1.15subdivision 2, by adding a subdivision; 84.922, subdivision 2; 84.9256, 1.16subdivision 1; 85.011; 85.012, subdivisions 28, 49a; 85.013, subdivision 1; 1.1785.054, by adding a subdivision; 86B.401, subdivision 2; 88.15, subdivision 2; 1.1889.715; 94.16, subdivision 3; 97A.055, subdivision 4b; 97A.141, subdivision 1.191; 115A.03, subdivisions 21, 32a; 116.07, subdivision 4a; 127A.30; 297A.94; 1.20Minnesota Statutes 2007 Supplement, section 84.8205, subdivision 1; proposing 1.21coding for new law in Minnesota Statutes, chapter 115A; repealing Minnesota 1.22Statutes 2006, sections 84.961, subdivision 4; 85.013, subdivision 21b; 85.054, 1.23subdivision 3; 97A.141, subdivision 2; Laws 1989, chapter 335, article 1, section 1.2421, subdivision 8, as amended. 1.25BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.26    Section 1. Minnesota Statutes 2006, section 16A.06, is amended by adding a 1.27subdivision to read: 1.28     new text begin Subd. 11. new text end new text begin Permanent school fund reporting. new text end new text begin The commissioner shall biannually new text end 1.29 new text begin report to the Permanent School Fund Advisory Committee and the legislature on the new text end 1.30 new text begin management of the permanent school trust fund that shows how the commissioner new text end 1.31 new text begin maximized the long-term economic return of the permanent school trust fund. new text end 2.1    Sec. 2. Minnesota Statutes 2006, section 84.027, is amended by adding a subdivision 2.2to read: 2.3     new text begin Subd. 18. new text end new text begin Permanent school fund authority; reporting. new text end new text begin The commissioner of new text end 2.4 new text begin natural resources has the authority and responsibility for the administration of school trust new text end 2.5 new text begin lands under sections 92.121 and 127A.31. The commissioner shall biannually report to the new text end 2.6 new text begin Permanent School Fund Advisory Committee and the legislature on the management of new text end 2.7 new text begin the school trust lands that shows how the commissioner has and will continue to achieve new text end 2.8 new text begin the following goals: new text end 2.9     new text begin (1) manage the school trust lands efficiently; new text end 2.10     new text begin (2) reduce the management expenditures of school trust lands and maximize the new text end 2.11 new text begin revenues deposited in the permanent school trust fund; new text end 2.12     new text begin (3) manage the sale, exchange, and commercial leasing of school trust lands to new text end 2.13 new text begin maximize the revenues deposited in the permanent school trust fund and retain the value new text end 2.14 new text begin from the long-term appreciation of the school trust lands; and new text end 2.15     new text begin (4) manage the school trust lands to maximize the long-term economic return for the new text end 2.16 new text begin permanent school trust fund while maintaining sound natural resource conservation and new text end 2.17 new text begin management principles. new text end 2.18    Sec. 3. Minnesota Statutes 2006, section 84.0857, is amended to read: 2.1984.0857 FACILITIES MANAGEMENT ACCOUNT. 2.20     new text begin (a) new text end The commissioner of natural resources may bill organizational units within 2.21the Department of Natural Resources for the costs of providing them with building and 2.22infrastructure facilities. Costs billed may include modifications and adaptations to allow 2.23for appropriate building occupancy, building code compliance, insurance, utility services, 2.24maintenance, repair, and other direct costs as determined by the commissioner. Receipts 2.25shall be credited to a special account in the state treasury and are appropriated to the 2.26commissioner to pay the costs for which the billings were made. 2.27     new text begin (b) Money deposited in the special account from the proceeds of a sale under new text end 2.28 new text begin section 94.16, subdivision 3, paragraph (b), is appropriated to the commissioner to acquire new text end 2.29 new text begin facilities or renovate existing buildings for administrative use or to acquire land for, new text end 2.30 new text begin design, and construct administrative buildings for the Department of Natural Resources. new text end 2.31    Sec. 4. Minnesota Statutes 2006, section 84.0875, is amended to read: 2.3284.0875 ENVIRONMENTAL LEARNING CENTERS. 2.33     new text begin (a) new text end The commissioner may acquire and better, or make grants to counties, home 2.34rule charter or statutory cities, or school districts to acquire and better, residential 3.1environmental learning centers where students may learn how to use, preserve, and 3.2renew the natural resources of this state. A facility and reasonable access to it must be 3.3owned by the state or a political subdivision but may be leased to or managed by a 3.4nonprofit organization to carry out an environmental learning program established by the 3.5commissioner. The lease or management agreement must comply with the requirements 3.6of section 16A.695 and must provide for the procurement of liability insurance by the 3.7nonprofit organization. A nonprofit organization that is operating an environmental 3.8learning center under this section is a municipality for purposes of the liability limitations 3.9of section 466.04 while acting within the scope of these activities. 3.10     new text begin (b) During the time the center is used for educational programs offered in new text end 3.11 new text begin conjunction with a college or university, the rules and standards related to space new text end 3.12 new text begin requirements are governed by section 144.74. new text end 3.13    Sec. 5. Minnesota Statutes 2006, section 84.788, subdivision 3, is amended to read: 3.14    Subd. 3. Application; issuance; reports. (a) Application for registration or 3.15continued registration must be made to the commissioner or an authorized deputy registrar 3.16of motor vehicles in a form prescribed by the commissioner. The form must state the name 3.17and address of every owner of the off-highway motorcycle. 3.18    (b) A person who purchases from a retail dealer an off-highway motorcycle shall 3.19make application for registration to the dealer at the point of sale. The dealer shall issue a 3.20dealer temporary ten-day new text begin 21-day new text end registration permit to each purchaser who applies to the 3.21dealer for registration. The dealer shall submit the completed registration applications and 3.22fees to the deputy registrar at least once each week. No fee may be charged by a dealer to 3.23a purchaser for providing the temporary permit. 3.24    (c) Upon receipt of the application and the appropriate fee, the commissioner 3.25or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned 3.26registration number or a commissioner or deputy registrar temporary ten-day new text begin 21-day new text end 3.27permit. Once issued, the registration number must be affixed to the motorcycle according 3.28to paragraph (f). A dealer subject to paragraph (b) shall provide the registration materials 3.29or temporary permit to the purchaser within the ten-day new text begin 21-day new text end temporary permit period. 3.30    (d) The commissioner shall develop a registration system to register vehicles under 3.31this section. A deputy registrar of motor vehicles acting under section 168.33, is also a 3.32deputy registrar of off-highway motorcycles. The commissioner of natural resources 3.33in agreement with the commissioner of public safety may prescribe the accounting 3.34and procedural requirements necessary to ensure efficient handling of registrations 4.1and registration fees. Deputy registrars shall strictly comply with the accounting and 4.2procedural requirements. 4.3    (e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged for 4.4each off-highway motorcycle registration renewal, duplicate or replacement registration 4.5card, and replacement decal and a filing fee of $7 is charged for each off-highway 4.6motorcycle registration and registration transfer issued by: 4.7    (1) a deputy registrar and must be deposited in the treasury of the jurisdiction where 4.8the deputy is appointed, or kept if the deputy is not a public official; or 4.9    (2) the commissioner and must be deposited in the state treasury and credited to the 4.10off-highway motorcycle account. 4.11    (f) Unless exempted in paragraph (g), the owner of an off-highway motorcycle must 4.12display a registration decal issued by the commissioner. If the motorcycle is licensed as 4.13a motor vehicle, a registration decal must be affixed on the upper left corner of the rear 4.14license plate. If the motorcycle is not licensed as a motor vehicle, the decal must be 4.15attached on the side of the motorcycle and may be attached to the fork tube. The decal 4.16must be attached in a manner so that it is visible while a rider is on the motorcycle. The 4.17issued decals must be of a size to work within the constraints of the electronic licensing 4.18system, not to exceed three inches high and three inches wide. 4.19    (g) Display of a registration decal is not required for an off-highway motorcycle: 4.20    (1) while being operated on private property; or 4.21    (2) while competing in a closed-course competition event. 4.22    Sec. 6. Minnesota Statutes 2006, section 84.82, subdivision 2, is amended to read: 4.23    Subd. 2. Application, issuance, reports, additional fee. (a) Application for 4.24registration or reregistration shall be made to the commissioner or an authorized deputy 4.25registrar of motor vehicles in a format prescribed by the commissioner and shall state the 4.26legal name and address of every owner of the snowmobile. 4.27    (b) A person who purchases a snowmobile from a retail dealer shall make 4.28application for registration to the dealer at the point of sale. The dealer shall issue a dealer 4.29temporary ten-day new text begin 21-day new text end registration permit to each purchaser who applies to the dealer 4.30for registration. new text begin The temporary permit must contain the dealer's identification number and new text end 4.31 new text begin phone number. new text end Each retail dealer shall submit completed registration and fees to the 4.32deputy registrar at least once a week. No fee may be charged by a dealer to a purchaser for 4.33providing the temporary permit. 4.34    (c) Upon receipt of the application and the appropriate fee as hereinafter provided, 4.35the commissioner or deputy registrar shall issue to the applicant, or provide to the dealer, 5.1an assigned registration number or a commissioner or deputy registrar temporary ten-day new text begin new text end 5.2 new text begin 21-day new text end permit. Once issued, the registration number must be affixed to the snowmobile in 5.3a clearly visible and permanent manner for enforcement purposes as the commissioner 5.4of natural resources shall prescribe. A dealer subject to paragraph (b) shall provide the 5.5registration materials or temporary permit to the purchaser within the temporary ten-day new text begin new text end 5.6 new text begin 21-day new text end permit period. The registration is not valid unless signed by at least one owner. new text begin new text end 5.7 new text begin The temporary permit must indicate whether a snowmobile state trail sticker under section new text end 5.8 new text begin 84.8205 was purchased. new text end 5.9    (d) Each deputy registrar of motor vehicles acting pursuant to section 168.33, shall 5.10also be a deputy registrar of snowmobiles. The commissioner of natural resources in 5.11agreement with the commissioner of public safety may prescribe the accounting and 5.12procedural requirements necessary to assure efficient handling of registrations and 5.13registration fees. Deputy registrars shall strictly comply with these accounting and 5.14procedural requirements. 5.15    (e) A fee of $2 in addition to that otherwise prescribed by law shall be charged for: 5.16    (1) each snowmobile registered by the registrar or a deputy registrar and the 5.17additional fee shall be disposed of in the manner provided in section 168.33, subdivision 5.182 ; or 5.19    (2) each snowmobile registered by the commissioner and the additional fee shall 5.20be deposited in the state treasury and credited to the snowmobile trails and enforcement 5.21account in the natural resources fund. 5.22    Sec. 7. Minnesota Statutes 2006, section 84.82, is amended by adding a subdivision to 5.23read: 5.24     new text begin Subd. 3a. new text end new text begin Expiration. new text end new text begin All snowmobile registrations, excluding temporary new text end 5.25 new text begin registration permits, required under this section expire June 30 of the year of expiration. new text end 5.26    Sec. 8. Minnesota Statutes 2007 Supplement, section 84.8205, subdivision 1, is 5.27amended to read: 5.28    Subdivision 1. Sticker required; fee. (a) Except as provided in paragraph (b), a 5.29person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a 5.30snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural 5.31resources shall issue a sticker upon application and payment of a $15 fee. The fee for a 5.32three-year snowmobile state trail sticker that is purchased at the time of snowmobile 5.33registration is $30. In addition to other penalties prescribed by law, a person in violation 5.34of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker 6.1is valid from November 1 through April new text begin June new text end 30. Fees collected under this section, except 6.2for the issuing fee for licensing agents, shall be deposited in the state treasury and credited 6.3to the snowmobile trails and enforcement account in the natural resources fund and, 6.4except for the electronic licensing system commission established by the commissioner 6.5under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance, 6.6grooming, and easement acquisition. 6.7    (b) A state trail sticker is not required under this section for: 6.8    (1) a snowmobile owned by the state or a political subdivision of the state that is 6.9registered under section 84.82, subdivision 5; 6.10    (2) a snowmobile that is owned and used by the United States, another state, or 6.11a political subdivision thereof that is exempt from registration under section 84.82, 6.12subdivision 6; 6.13    (3) a collector snowmobile that is operated as provided in a special permit issued for 6.14the collector snowmobile under section 84.82, subdivision 7a; 6.15    (4) a person operating a snowmobile only on the portion of a trail that is owned by 6.16the person or the person's spouse, child, or parent; or 6.17    (5) a snowmobile while being used to groom a state or grant-in-aid trail. 6.18     new text begin (c) A temporary registration permit issued by a dealer under section 84.82, new text end 6.19 new text begin subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is new text end 6.20 new text begin included with the registration application fee. new text end 6.21    Sec. 9. Minnesota Statutes 2006, section 84.922, subdivision 2, is amended to read: 6.22    Subd. 2. Application, issuance, reports. (a) Application for registration or 6.23continued registration shall be made to the commissioner or an authorized deputy registrar 6.24of motor vehicles in a form prescribed by the commissioner. The form must state the name 6.25and address of every owner of the vehicle. 6.26    (b) A person who purchases an all-terrain vehicle from a retail dealer shall make 6.27application for registration to the dealer at the point of sale. The dealer shall issue a dealer 6.28temporary ten-day new text begin 21-day new text end registration permit to each purchaser who applies to the dealer 6.29for registration. The dealer shall submit the completed registration application and fees 6.30to the deputy registrar at least once each week. No fee may be charged by a dealer to a 6.31purchaser for providing the temporary permit. 6.32    (c) Upon receipt of the application and the appropriate fee, the commissioner 6.33or deputy registrar shall issue to the applicant, or provide to the dealer, an assigned 6.34registration number or a commissioner or deputy registrar temporary ten-day new text begin 21-day new text end 6.35permit. Once issued, the registration number must be affixed to the vehicle in a manner 7.1prescribed by the commissioner. A dealer subject to paragraph (b) shall provide the 7.2registration materials or temporary permit to the purchaser within the ten-day new text begin 21-day new text end 7.3temporary permit period. The commissioner shall use the snowmobile registration system 7.4to register vehicles under this section. 7.5    (d) Each deputy registrar of motor vehicles acting under section 168.33, is also 7.6a deputy registrar of all-terrain vehicles. The commissioner of natural resources in 7.7agreement with the commissioner of public safety may prescribe the accounting and 7.8procedural requirements necessary to assure efficient handling of registrations and 7.9registration fees. Deputy registrars shall strictly comply with the accounting and 7.10procedural requirements. 7.11    (e) In addition to other fees prescribed by law, a filing fee of $4.50 is charged 7.12for each all-terrain vehicle registration renewal, duplicate or replacement registration 7.13card, and replacement decal and a filing fee of $7 is charged for each all-terrain vehicle 7.14registration and registration transfer issued by: 7.15    (1) a deputy registrar and shall be deposited in the treasury of the jurisdiction where 7.16the deputy is appointed, or retained if the deputy is not a public official; or 7.17    (2) the commissioner and shall be deposited to the state treasury and credited to the 7.18all-terrain vehicle account in the natural resources fund. 7.19    Sec. 10. Minnesota Statutes 2006, section 84.9256, subdivision 1, is amended to read: 7.20    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on 7.21public road rights-of-way that is permitted under section 84.928, a driver's license issued 7.22by the state or another state is required to operate an all-terrain vehicle along or on a 7.23public road right-of-way. 7.24    (b) A person under 12 years of age shall not: 7.25    (1) make a direct crossing of a public road right-of-way; 7.26    (2) operate an all-terrain vehicle on a public road right-of-way in the state; or 7.27    (3) operate an all-terrain vehicle on public lands or waters, except as provided in 7.28paragraph (f). 7.29    (c) Except for public road rights-of-way of interstate highways, a person 12 years 7.30of age but less than 16 years may make a direct crossing of a public road right-of-way 7.31of a trunk, county state-aid, or county highway or operate on public lands and waters new text begin or new text end 7.32 new text begin state or grant-in-aid trails new text end , only if that person possesses a valid all-terrain vehicle safety 7.33certificate issued by the commissioner and is accompanied on another all-terrain vehicle 7.34by a person 18 years of age or older who holds a valid driver's license. 8.1    (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years 8.2old, but less than 16 years old, must: 8.3    (1) successfully complete the safety education and training program under section 8.484.925, subdivision 1 , including a riding component; and 8.5    (2) be able to properly reach and control the handle bars and reach the foot pegs 8.6while sitting upright on the seat of the all-terrain vehicle. 8.7    (e) A person at least 11 years of age may take the safety education and training 8.8program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 8.9the certificate is not valid until the person reaches age 12. 8.10    (f) A person at least ten years of age but under 12 years of age may operate an 8.11all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if 8.12accompanied by a parent or legal guardian. 8.13    (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle. 8.14     new text begin (h) A person under the age of 16 may not operate an all-terrain vehicle on public new text end 8.15 new text begin lands or waters or on state or grant-in-aid trails if the person cannot properly reach and new text end 8.16 new text begin control the handle bars and reach the foot pegs while sitting upright on the seat of the new text end 8.17 new text begin all-terrain vehicle. new text end 8.18    Sec. 11. Minnesota Statutes 2006, section 85.011, is amended to read: 8.1985.011 CONFIRMATION OF CREATION AND ESTABLISHMENT OF 8.20STATE PARKS, MONUMENTS, new text begin STATE new text end RECREATION RESERVES new text begin AREAS, new text end 8.21AND WAYSIDES. 8.22    The legislature of this state has provided for the creation and establishment of 8.23state parks, designated monuments, new text begin state new text end recreation reserves new text begin areas, new text end and waysides for the 8.24purpose of conserving the scenery, natural and historic objects and wildlife and to provide 8.25for the enjoyment of the same in such manner and by such means as will leave them 8.26unimpaired for the enjoyment of future generations. 8.27    The establishment of such state parks, designated monuments, new text begin state new text end recreation 8.28reserves new text begin areas, new text end and waysides is hereby confirmed as provided in this section and sections 8.2985.012 and 85.013 and they shall remain perpetually dedicated for the use of the people of 8.30the state for park purposes. 8.31    The enumerated state parks, state monuments, state recreation areas, and state 8.32waysides shall consist of the lands and other property authorized therefor before January 8.331, 1969, together with such other lands and properties as may be authorized therefor on 8.34or after January 1, 1969. 9.1    Sec. 12. Minnesota Statutes 2006, section 85.012, subdivision 28, is amended to read: 9.2    Subd. 28. Interstate new text begin State new text end Park, Chisago County, which is hereby renamed from 9.3Dalles of Saint Croix State Park. 9.4    Sec. 13. Minnesota Statutes 2006, section 85.012, subdivision 49a, is amended to read: 9.5    Subd. 49a. St. Croix Wild River State Park, Chisago County. 9.6    Sec. 14. Minnesota Statutes 2006, section 85.013, subdivision 1, is amended to read: 9.7    Subdivision 1. Names, acquisition; administration. (a) Designated monuments, 9.8recreation reserves, and waysides heretofore established and hereby confirmed as state 9.9monuments, state recreation areas and state waysides together with the counties in which 9.10they are situated are listed in this section and shall hereafter be named as indicated 9.11in this section. 9.12    (b) Any land that now is or hereafter becomes tax-forfeited land and is located 9.13within the described boundaries of a state recreation area as defined by session laws is 9.14hereby withdrawn from sale and is transferred from the custody, control, and supervision 9.15of the county board of the county to the commissioner of natural resources, free from 9.16any trust in favor of the interested taxing districts. The commissioner shall execute a 9.17certificate of acceptance of the lands on behalf of the state for such purposes and transmit 9.18the same to the county auditor of the county for record as provided by law in the case 9.19of tax-forfeited land transferred to the commissioner by resolution of the county board 9.20for conservation purposes. 9.21    Sec. 15. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision 9.22to read: 9.23     new text begin Subd. 14. new text end new text begin Grand Portage State Park. new text end new text begin A state park permit is not required and a fee new text end 9.24 new text begin may not be charged for motor vehicle entry or parking at the Class 1 highway rest area new text end 9.25 new text begin parking lot located adjacent to marked Trunk Highway 61 and Pigeon River at Grand new text end 9.26 new text begin Portage State Park. new text end 9.27    Sec. 16. Minnesota Statutes 2006, section 86B.401, subdivision 2, is amended to read: 9.28    Subd. 2. Temporary certificate. A person who applies for a watercraft license may 9.29be issued a temporary license certificate to operate the watercraft. The temporary license 9.30certificate is valid for the period of time specified by the commissioner new text begin 21 days new text end . 9.31    Sec. 17. Minnesota Statutes 2006, section 88.15, subdivision 2, is amended to read: 10.1    Subd. 2. Not to be left burning. Every person who starts new text begin or maintains new text end a campfire 10.2shall new text begin : new text end 10.3     new text begin (1) new text end exercise every reasonable precaution to prevent the campfire from spreading 10.4and shall new text begin ; new text end 10.5     new text begin (2) new text end before lighting the campfire new text begin , new text end clear the ground of all combustible material within 10.6a radius of five feet from the base of the campfire. The person lighting the campfire shall new text begin ; new text end 10.7     new text begin (3) new text end remain with the campfire at all times new text begin ; new text end and shall 10.8     new text begin (4) new text end before leaving the site new text begin , new text end completely extinguish the campfire. 10.9     new text begin For the purposes of this section, "maintains" means tending or adding substantial new text end 10.10 new text begin fuel to a campfire with the intention of extending the life of the campfire. new text end 10.11    Sec. 18. Minnesota Statutes 2006, section 89.715, is amended to read: 10.1289.715 ALTERNATIVE RECORDING FOR STATE FOREST ROAD. 10.13    Subdivision 1. Authorization. The commissioner may adopt a recorded state forest 10.14road map under this section to record the department's state forest road prescriptive 10.15easements. For purposes of this section, "recorded state forest road map" means the 10.16official map of state forest roads new text begin adopted by the commissioner new text end . 10.17    Subd. 2. Map requirements. The recorded state forest road map must: 10.18    (1) show state forest roads at the time the map is adopted; 10.19    (2) be prepared at a scale of at least four inches equals one mile new text begin compliant with new text end 10.20 new text begin county recorder standards new text end ; 10.21    (3) include section numbers; 10.22    (4) include a north point arrow; 10.23    (5) include the name of the county and state; 10.24    (6) include a blank and a description under the blank for the date of public hearing 10.25and date of adoption; 10.26    (7) include blanks for signatures and dates of signatures for the commissioner; and 10.27    (8) include a list of legal descriptions of all parcels crossed by state forest road 10.28prescriptive easements. 10.29    Subd. 3. Procedure to adopt map. (a) The commissioner must prepare an official 10.30map for each county or smaller geographic area as determined by the commissioner as 10.31provided in subdivision 2, and set a time, place, and date for a public hearing on adopting 10.32a recorded state forest road map to record roads. 10.33    (b) The hearing notice must state that the roads to be recorded will be to the width of 10.34the actual use including ditches, backslopes, fills, and maintained rights-of-way, unless 10.35otherwise specified in a prior easement of record. The hearing notice must be published 11.1once a week for two successive weeks in a qualified newspaper of general circulation that 11.2serves the county or smaller geographic areas as determined by the commissioner, the last 11.3publication to be made at least ten days before the date of the public hearing. At least 30 11.4days before the hearing, the hearing notice must be sent by certified mail to the property 11.5owners directly affected in the county or smaller geographic areas as determined by the 11.6commissioner at the addresses listed on the tax assessment notices at least seven days 11.7before appearing in the qualified newspaper. The hearing notice may be sent with the tax 11.8assessment, but all additional costs incurred shall be billed to the department. 11.9    (c) After the public hearing is held, the commissioner may amend and adopt the 11.10recorded state forest road map. The recorded new text begin adopted new text end state forest road map must be dated 11.11and signed by the commissioner and must be recorded new text begin filed for recording new text end with the county 11.12recorder within 90 days after the map is adopted. new text begin The map is effective when filed with new text end 11.13 new text begin the county recorder. new text end 11.14    (d) The recorded state forest road map that is recorded with the county recorder must 11.15comply with the standards of the county recorder where the state forest roads are located. 11.16    (e) A recorded state forest road map that was prepared by using aerial photographs 11.17to establish road centerlines and that has been duly recorded with the county recorder is an 11.18adequate description for purposes of recording road easements and the map is the legally 11.19constituted description and prevails when a deed for a parcel abutting a road contains 11.20no reference to a road easement. Nothing prevents the commissioner from accepting a 11.21more definitive metes and bounds or survey description of a road easement for a road of 11.22record if the description of the easement is referenced to equal distance on both sides 11.23of the existing road centerline. 11.24    (f) The commissioner shall consult with representatives of county land 11.25commissioners, county auditors, county recorders, and Torrens examiners in implementing 11.26this subdivision. 11.27    Subd. 4. Appeal. (a) Before filing an appeal under paragraph (b), a person may 11.28seek resolution of concerns regarding a decision to record a road under this section by 11.29contacting the commissioner in writing. 11.30    (b) A person may appeal a decision to record or exclude recording a road under this 11.31section to the district court within 120 days after the date the commissioner adopts the 11.32state forest road map. new text begin Appeals may be filed only by property owners who are directly new text end 11.33 new text begin affected by a proposed map designation and only for those portions of the map designation new text end 11.34 new text begin that directly affect them. new text end 11.35     new text begin (b) A property owner may appeal the map designation to the commissioner within 60 new text end 11.36 new text begin days of the map being recorded by filing a written request for review. The commissioner new text end 12.1 new text begin shall review the request and any supporting evidence and render a decision within 45 new text end 12.2 new text begin days of receipt of the request for review. new text end 12.3     new text begin (c) If a property owner wishes to appeal a decision of the commissioner after review new text end 12.4 new text begin under paragraph (b), the property owner must file an appeal with the district court within new text end 12.5 new text begin 60 days of the commissioner's decision. new text end 12.6     new text begin (d) If any portion of a map appealed under paragraph (b) is modified or found to be new text end 12.7 new text begin invalid by a court of competent jurisdiction under paragraph (c), the remainder of the map new text end 12.8 new text begin shall not be affected and its recording with the county recorder shall stand. new text end 12.9    Subd. 5. Unrecorded road or trail not affected. This section does not affect or 12.10diminish the legal status or state obligations of roads and trails not shown on the recorded 12.11state forest road map. 12.12    Subd. 6. Exemption. Adoption of a recorded state forest road map under this 12.13section is exempt from the rulemaking requirements of chapter 14 and section 14.386 12.14does not apply. 12.15    Sec. 19. Minnesota Statutes 2006, section 94.16, subdivision 3, is amended to read: 12.16    Subd. 3. Proceeds from natural resources land. new text begin (a) Except as provided in new text end 12.17 new text begin paragraph (b), new text end the remainder of the proceeds from the sale of lands that were under the 12.18control and supervision of the commissioner of natural resources shall be credited to the 12.19land acquisition account in the natural resources fund. 12.20     new text begin (b) The remainder of the proceeds from the sale of administrative sites under the new text end 12.21 new text begin control and supervision of the commissioner of natural resources shall be credited to the new text end 12.22 new text begin facilities management account established under section 84.0857 and used to acquire new text end 12.23 new text begin facilities or renovate existing buildings for administrative use or to acquire land for, new text end 12.24 new text begin design, and construct administrative buildings for the Department of Natural Resources. new text end 12.25    Sec. 20. Minnesota Statutes 2006, section 97A.055, subdivision 4b, is amended to read: 12.26    Subd. 4b. Citizen oversight subcommittees. (a) The commissioner shall appoint 12.27subcommittees of affected persons to review the reports prepared under subdivision 4; 12.28review the proposed work plans and budgets for the coming year; propose changes 12.29in policies, activities, and revenue enhancements or reductions; review other relevant 12.30information; and make recommendations to the legislature and the commissioner for 12.31improvements in the management and use of money in the game and fish fund. 12.32    (b) The commissioner shall appoint the following subcommittees, each comprised 12.33of at least three affected persons: 13.1    (1) a Fisheries Operations Subcommittee to review fisheries funding, excluding 13.2activities related to trout and salmon stamp funding; 13.3    (2) a Wildlife Operations Subcommittee to review wildlife funding, excluding 13.4activities related to migratory waterfowl, pheasant, and turkey stamp funding and 13.5excluding review of the amounts available under section 97A.075, subdivision 1, 13.6paragraphs (b) and (c); 13.7    (3) a Big Game Subcommittee to review the report required in subdivision 4, 13.8paragraph (a), clause (2); 13.9    (4) an Ecological Services Operations new text begin Resources new text end Subcommittee to review ecological 13.10services funding; 13.11    (5) a subcommittee to review game and fish fund funding of enforcement, support 13.12services, and Department of Natural Resources administration new text begin and operations support new text end ; 13.13    (6) a subcommittee to review the trout and salmon stamp report and address funding 13.14issues related to trout and salmon; 13.15    (7) a subcommittee to review the report on the migratory waterfowl stamp and 13.16address funding issues related to migratory waterfowl; 13.17    (8) a subcommittee to review the report on the pheasant stamp and address funding 13.18issues related to pheasants; and 13.19    (9) a subcommittee to review the report on the turkey stamp and address funding 13.20issues related to wild turkeys. 13.21    (c) The chairs of each of the subcommittees shall form a Budgetary Oversight 13.22Committee to coordinate the integration of the subcommittee reports into an annual 13.23report to the legislature; recommend changes on a broad level in policies, activities, and 13.24revenue enhancements or reductions; provide a forum to address issues that transcend the 13.25subcommittees; and submit a report for any subcommittee that fails to submit its report 13.26in a timely manner. 13.27    (d) The Budgetary Oversight Committee shall develop recommendations for a 13.28biennial budget plan and report for expenditures on game and fish activities. By August 15 13.29of each even-numbered year, the committee shall submit the budget plan recommendations 13.30to the commissioner and to the senate and house committees with jurisdiction over natural 13.31resources finance. 13.32    (e) Each subcommittee shall choose its own chair, except that the chair of the 13.33Budgetary Oversight Committee shall be appointed by the commissioner and may not 13.34be the chair of any of the subcommittees. 14.1    (f) The Budgetary Oversight Committee must make recommendations to the 14.2commissioner and to the senate and house committees with jurisdiction over natural 14.3resources finance for outcome goals from expenditures. 14.4    (g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the 14.5Budgetary Oversight Committee and subcommittees do not expire until June 30, 2010. 14.6    Sec. 21. Minnesota Statutes 2006, section 97A.141, subdivision 1, is amended to read: 14.7    Subdivision 1. Acquisition; generally. The commissioner shall acquire access sites 14.8adjacent to public waters and easements and rights-of-way necessary to connect the access 14.9sites with public highways. The land may be acquired by gift, lease, or purchase, or by 14.10condemnation with approval of the Executive Council. An access site may not exceed 14.11seven acres and may only be acquired where access is inadequate. 14.12    Sec. 22. Minnesota Statutes 2006, section 115A.03, subdivision 21, is amended to read: 14.13    Subd. 21. Mixed municipal solid waste. (a) "Mixed municipal solid waste" means 14.14garbage, refuse, and other solid waste from residential, commercial, industrial, and 14.15community activities that the generator of the waste aggregates for collection, except as 14.16provided in paragraph (b). 14.17    (b) Mixed municipal solid waste does not include auto hulks, street sweepings, ash, 14.18construction debris, mining waste, sludges, tree and agricultural wastes, tires, lead acid 14.19batteries, motor and vehicle fluids and filters, and other materials collected, processed, 14.20and disposed of as separate waste streams, but does include source-separated compostable 14.21materials. 14.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 14.23    Sec. 23. Minnesota Statutes 2006, section 115A.03, subdivision 32a, is amended to 14.24read: 14.25    Subd. 32a. Source-separated compostable materials. "Source-separated 14.26compostable materials" means mixed municipal solid waste new text begin materials new text end that: 14.27    (1) is new text begin are new text end separated at the source by waste generators for the purpose of preparing 14.28it new text begin them new text end for use as compost; 14.29    (2) is new text begin are new text end collected separately from other mixed municipal solid wastes new text begin waste, and new text end 14.30 new text begin are governed by the licensing provisions of section 115A.93 new text end ; 14.31    (3) is new text begin are new text end comprised of food wastes, fish and animal waste, plant materials, 14.32diapers, sanitary products, and paper that is not recyclable because the commissioner has 14.33determined that no other person is willing to accept the paper for recycling; and 15.1    (4) is new text begin are new text end delivered to a facility to undergo controlled microbial degradation to yield 15.2a humus-like product meeting the agency's class I or class II, or equivalent, compost 15.3standards and where process residues do not exceed 15 percent by weight of the total 15.4material delivered to the facility new text begin ; and new text end 15.5     new text begin (5) may be delivered to a transfer station, mixed municipal solid waste processing new text end 15.6 new text begin facility, or recycling facility only for the purposes of composting or transfer to a new text end 15.7 new text begin composting facility, unless the commissioner determines that no other person is willing new text end 15.8 new text begin to accept the materials new text end . 15.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 15.10    Sec. 24. new text begin [115A.936] CONSTRUCTION DEBRIS AS COVER MATERIAL new text end 15.11 new text begin PROHIBITED. new text end 15.12     new text begin (a) Construction debris or residuals from processed construction debris containing new text end 15.13 new text begin any amount of gypsum shall not be managed as cover material at disposal facilities unless: new text end 15.14     new text begin (1) residual material is managed in an industrial or construction and demolition new text end 15.15 new text begin disposal facility equipped with a liner and leachate collection system; new text end 15.16     new text begin (2) residual material is not mechanically pulverized or size-reduced prior to new text end 15.17 new text begin processing, screening, or application; new text end 15.18     new text begin (3) a maximum effort is made to remove gypsum from the waste prior to processing, new text end 15.19 new text begin screening, or application; new text end 15.20     new text begin (4) residual material is mixed at a ratio of one part soil to one part residual material new text end 15.21 new text begin prior to application; and new text end 15.22     new text begin (5) the disposal facility does not accept any amount of cover material greater than new text end 15.23 new text begin what is operationally necessary. new text end 15.24     new text begin (b) For the purposes of this section, "residual material" means construction debris or new text end 15.25 new text begin residuals from processed construction debris containing any amount of gypsum. new text end 15.26    Sec. 25. Minnesota Statutes 2006, section 116.07, subdivision 4a, is amended to read: 15.27    Subd. 4a. Permits. (a) The Pollution Control Agency may issue, continue in 15.28effect or deny permits, under such conditions as it may prescribe for the prevention of 15.29pollution, for the emission of air contaminants, or for the installation or operation of 15.30any emission facility, air contaminant treatment facility, treatment facility, potential air 15.31contaminant storage facility, or storage facility, or any part thereof, or for the sources 15.32or emissions of noise pollution. 15.33    The Pollution Control Agency may also issue, continue in effect or deny permits, 15.34under such conditions as it may prescribe for the prevention of pollution, for the storage, 16.1collection, transportation, processing, or disposal of waste, or for the installation or 16.2operation of any system or facility, or any part thereof, related to the storage, collection, 16.3transportation, processing, or disposal of waste. 16.4     new text begin The agency may not issue a permit to a facility without analyzing and considering new text end 16.5 new text begin the cumulative levels and effects of past and current environmental pollution from all new text end 16.6 new text begin sources on the environment and residents of the geographic area within which the facility's new text end 16.7 new text begin emissions are likely to be deposited, provided that the facility is located in a community in new text end 16.8 new text begin a city of the first class in Hennepin County that meets all of the following conditions: new text end 16.9     new text begin (1) is within a half mile of a site designated by the federal government as an EPA new text end 16.10 new text begin superfund site due to residential arsenic contamination; new text end 16.11     new text begin (2) a majority of the population are low-income persons of color and American new text end 16.12 new text begin Indians; new text end 16.13     new text begin (3) a disproportionate percent of the children have childhood lead poisoning, asthma, new text end 16.14 new text begin or other environmentally related health problems; new text end 16.15     new text begin (4) is located in a city that has experienced numerous air quality alert days of new text end 16.16 new text begin dangerous air quality for sensitive populations between February 2007 and February new text end 16.17 new text begin 2008; and new text end 16.18     new text begin (5) is located near the junctions of several heavily trafficked state and county new text end 16.19 new text begin highways and two one-way streets which carry both truck and auto traffic. new text end 16.20    The Pollution Control Agency may revoke or modify any permit issued under this 16.21subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to 16.22prevent or abate pollution. 16.23    (b) The Pollution Control Agency has the authority for approval over the siting, 16.24expansion, or operation of a solid waste facility with regard to environmental issues. 16.25However, the agency's issuance of a permit does not release the permittee from any 16.26liability, penalty, or duty imposed by any applicable county ordinances. Nothing in this 16.27chapter precludes, or shall be construed to preclude, a county from enforcing land use 16.28controls, regulations, and ordinances existing at the time of the permit application and 16.29adopted pursuant to sections 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365, 16.30with regard to the siting, expansion, or operation of a solid waste facility. 16.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 16.32    Sec. 26. Minnesota Statutes 2006, section 127A.30, is amended to read: 16.33127A.30 PERMANENT SCHOOL FUND ADVISORY COMMITTEE. 17.1     new text begin Subdivision 1. new text end new text begin Membership. new text end A state Permanent School Fund Advisory Committee 17.2is established to advise the Department of Natural Resources on the management of 17.3permanent school fund land, which is held in trust for the school districts of the state. The 17.4advisory committee must consist of the following persons or their designees: the chairs 17.5of the education committees of the legislature, new text begin the chairs of the legislative committees new text end 17.6 new text begin with jurisdiction over the K-12 education budget, the chairs of the legislative committees new text end 17.7 new text begin with jurisdiction over the environment and natural resources, new text end the chairs new text begin chair new text end of the senate 17.8Committee on Finance and new text begin the chair of the new text end house Committee on Ways and Means, the 17.9commissioner of education, one superintendent from a nonmetropolitan district, and one 17.10superintendent from a metropolitan area district new text begin , one person with an expertise in forestry, new text end 17.11 new text begin one person with an expertise in minerals and mining, one person with an expertise in new text end 17.12 new text begin real estate development, one person with an expertise in renewable energy, one person new text end 17.13 new text begin with an expertise in finance and land management, and one person with an expertise in new text end 17.14 new text begin natural resource conservation new text end . The school district superintendents shall be appointed 17.15by the commissioner of education. new text begin The committee members with areas of expertise in new text end 17.16 new text begin forestry, minerals and mining, real estate development, renewable energy, finance and land new text end 17.17 new text begin management, and natural resource conservation shall be appointed by the commissioner of new text end 17.18 new text begin natural resources. Members of the legislature shall be given the opportunity to recommend new text end 17.19 new text begin candidates for vacancies on the committee to the commissioners of education and natural new text end 17.20 new text begin resources. The advisory committee must also include a nonvoting member appointed new text end 17.21 new text begin by the commissioner of natural resources. The commissioner of natural resources shall new text end 17.22 new text begin provide administrative support to the committee. The members of the committee shall new text end 17.23 new text begin serve without compensation. The members of the Permanent School Fund Advisory new text end 17.24 new text begin Committee shall elect their chairperson and are bound by the provisions of sections new text end 17.25 new text begin 43A.38 and 116P.09, subdivision 6. new text end 17.26     new text begin Subd. 2. new text end new text begin Duties. new text end The advisory committee shall review the policies of the 17.27Department of Natural Resources and current statutes on management of school trust fund 17.28lands at least semiannually new text begin annually new text end and shall recommend necessary changes in statutes, 17.29policy, and implementation in order to ensure provident utilization of the permanent 17.30school fund lands. new text begin By January 15 of each year, the advisory committee shall submit a new text end 17.31 new text begin report to the legislature with recommendations for the management of school trust lands to new text end 17.32 new text begin secure long-term economic return for the permanent school fund, consistent with sections new text end 17.33 new text begin 92.121 and 127A.31. The committee's annual report may include recommendations to: new text end 17.34     new text begin (1) manage the school trust lands efficiently; new text end 17.35     new text begin (2) reduce the management expenditures of school trust lands and maximize the new text end 17.36 new text begin revenues deposited in the permanent school trust fund; new text end 18.1     new text begin (3) manage the sale, exchange, and commercial leasing of school trust lands to new text end 18.2 new text begin maximize the revenues deposited in the permanent school trust fund and retain the value new text end 18.3 new text begin from the long-term appreciation of the school trust lands; and new text end 18.4     new text begin (4) manage the school trust lands to maximize the long-term economic return for the new text end 18.5 new text begin permanent school trust fund while maintaining sound natural resource conservation and new text end 18.6 new text begin management principles. new text end 18.7     new text begin Subd. 3. new text end new text begin Duration. new text end new text begin Notwithstanding section 15.059, subdivision 5, the advisory new text end 18.8 new text begin committee is permanent and does not expire. new text end 18.9    Sec. 27. Minnesota Statutes 2006, section 297A.94, is amended to read: 18.10297A.94 DEPOSIT OF REVENUES. 18.11    (a) Except as provided in this section, the commissioner shall deposit the revenues, 18.12including interest and penalties, derived from the taxes imposed by this chapter in the state 18.13treasury and credit them to the general fund. 18.14    (b) The commissioner shall deposit taxes in the Minnesota agricultural and economic 18.15account in the special revenue fund if: 18.16    (1) the taxes are derived from sales and use of property and services purchased for 18.17the construction and operation of an agricultural resource project; and 18.18    (2) the purchase was made on or after the date on which a conditional commitment 18.19was made for a loan guaranty for the project under section 41A.04, subdivision 3. 18.20The commissioner of finance shall certify to the commissioner the date on which the 18.21project received the conditional commitment. The amount deposited in the loan guaranty 18.22account must be reduced by any refunds and by the costs incurred by the Department of 18.23Revenue to administer and enforce the assessment and collection of the taxes. 18.24    (c) The commissioner shall deposit the revenues, including interest and penalties, 18.25derived from the taxes imposed on sales and purchases included in section 297A.61, 18.26subdivision 3 , paragraph (g), clauses (1) and (4), in the state treasury, and credit them 18.27as follows: 18.28    (1) first to the general obligation special tax bond debt service account in each fiscal 18.29year the amount required by section 16A.661, subdivision 3, paragraph (b); and 18.30    (2) after the requirements of clause (1) have been met, the balance to the general 18.31fund. 18.32    (d) The commissioner shall deposit the revenues, including interest and penalties, 18.33collected under section 297A.64, subdivision 5, in the state treasury and credit them to the 18.34general fund. By July 15 of each year the commissioner shall transfer to the highway user 19.1tax distribution fund an amount equal to the excess fees collected under section 297A.64, 19.2subdivision 5 , for the previous calendar year. 19.3    (e) For fiscal year 2001, 97 percent; for fiscal years 2002 and 2003, 87 percent; and 19.4for fiscal year 2004 and thereafter, 72.43 percent of the revenues, including interest and 19.5penalties, transmitted to the commissioner under section 297A.65, must be deposited by 19.6the commissioner in the state treasury as follows: 19.7    (1) 50 percent of the receipts must be deposited in the heritage enhancement account 19.8in the game and fish fund, and may be spent only on activities that improve, enhance, or 19.9protect fish and wildlife resources, including conservation, restoration, and enhancement 19.10of land, water, and other natural resources of the state; 19.11    (2) 22.5 percent of the receipts must be deposited in the natural resources fund, and 19.12may be spent only for state parks and trails; 19.13    (3) 22.5 percent of the receipts must be deposited in the natural resources fund, and 19.14may be spent only on metropolitan park and trail grants; 19.15    (4) three percent of the receipts must be deposited in the natural resources fund, and 19.16may be spent only on local trail grants; and 19.17    (5) two percent of the receipts must be deposited in the natural resources fund, 19.18and may be spent only for the Minnesota Zoological Garden, the Como Park Zoo and 19.19Conservatory, new text begin the Pine Grove Zoo in Little Falls, new text end and the Duluth Zoo. new text begin Zoos not currently new text end 19.20 new text begin accredited by the American Association of Zoos and Aquariums may expend funds under new text end 19.21 new text begin this paragraph only for purposes that will assist the zoo to obtain accreditation. new text end 19.22    (f) The revenue dedicated under paragraph (e) may not be used as a substitute 19.23for traditional sources of funding for the purposes specified, but the dedicated revenue 19.24shall supplement traditional sources of funding for those purposes. Land acquired with 19.25money deposited in the game and fish fund under paragraph (e) must be open to public 19.26hunting and fishing during the open season, except that in aquatic management areas or 19.27on lands where angling easements have been acquired, fishing may be prohibited during 19.28certain times of the year and hunting may be prohibited. At least 87 percent of the money 19.29deposited in the game and fish fund for improvement, enhancement, or protection of fish 19.30and wildlife resources under paragraph (e) must be allocated for field operations. 19.31    Sec. 28. new text begin EASEMENT ON TAX-FORFEITED LAND; ITASCA COUNTY. new text end 19.32     new text begin Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, new text end 19.33 new text begin Itasca County may grant a 40-year easement of tax-forfeited land to the Itasca County new text end 19.34 new text begin Regional Rail Authority for a rail line right-of-way. The easement may be canceled only new text end 19.35 new text begin by resolution of the county board after reasonable notice for any substantial breach of the new text end 20.1 new text begin terms of the easement. The land subject to the easement may not be sold or otherwise new text end 20.2 new text begin conveyed by the county board during the period of the easement. new text end 20.3    Sec. 29. new text begin RULES. new text end 20.4     new text begin The commissioner of natural resources shall adopt rules to implement the changes in new text end 20.5 new text begin law made in sections 5 to 9 and 16. The initial rules required by this section are exempt new text end 20.6 new text begin from the rulemaking provisions of Minnesota Statutes, chapter 14. The rules are subject new text end 20.7 new text begin to Minnesota Statutes, section 14.386, except that notwithstanding Minnesota Statutes, new text end 20.8 new text begin section 14.386, paragraph (b), the rules continue in effect until repealed or superseded new text end 20.9 new text begin by other law or rule. new text end 20.10    Sec. 30. new text begin REPEALER. new text end 20.11 new text begin Minnesota Statutes 2006, sections 84.961, subdivision 4; 85.013, subdivision 21b; new text end 20.12 new text begin 85.054, subdivision 3; and 97A.141, subdivision 2, new text end new text begin and new text end new text begin Laws 1989, chapter 335, article 1, new text end 20.13 new text begin section 21, subdivision 8, as amended by Laws 2002, chapter 323, section 19, new text end new text begin are repealed. new text end