1.1A bill for an act1.2relating to environment and natural resources; appropriating money for 1.3environment and natural resources; modifying environmental assessment 1.4worksheet cost provisions; modifying payments in lieu of taxes; creating an 1.5account; modifying disposition of certain receipts;amending Minnesota Statutes 1.62008, sections 97A.061, subdivision 1; 103G.705, subdivision 2; 116D.045; 1.7477A.12, subdivision 1; Minnesota Statutes 2009 Supplement, section 357.021, 1.8subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 97A.1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10Section 1.  SUMMARY OF APPROPRIATIONS.

1.11    The amounts shown in this section summarize direct appropriations, by fund, made 1.12in this act.

1.1320102011Total1.14General$(4,032,000)$(6,044,000)$(10,076,000)1.15Environmental-0-535,000535,0001.16Game and Fish-0-250,000250,0001.17Total$(4,032,000)$(5,259,000)$(9,291,000)

1.18Sec. 2. APPROPRIATIONS.

1.19    The sums shown in the columns marked "Appropriations" are added to or, if shown 1.20in parentheses, subtracted from the appropriations in Laws 2009, chapter 37, article 1, to 1.21the agencies and for the purposes specified in this act. The appropriations are from the 1.22general fund, or another named fund, and are available for the fiscal years indicated for 1.23each purpose. The figures "2010" and "2011" used in this act mean that the addition to 1.24or subtraction from the appropriation listed under them is available for the fiscal year 1.25ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and 2.1reductions to appropriations for the fiscal year ending June 30, 2010, are effective the 2.2day following final enactment.

2.3APPROPRIATIONS2.4Available for the Year2.5Ending June 302.620102011

2.7Sec. 3. POLLUTION CONTROL AGENCY

2.8Subdivision 1.Total Appropriation$(535,000)$(630,000)

2.9Appropriations by Fund2.10General(535,000)(1,165,000)2.11Environmental-0-535,000

2.12The appropriation additions or reductions 2.13for each purpose are shown in the following 2.14subdivisions.2.15In order to leverage nonstate money or to 2.16address high priority needs identified by the 2.17commissioner, the commissioner may shift 2.18appropriations in Laws 2009, chapter 37, 2.19article 1, section 3, available in one fiscal 2.20year to the other fiscal year. Any adjustments 2.21made under this paragraph do not affect the 2.22agency base for the programs affected.

2.23Subd. 2.Water(392,000)(456,000)

2.24Appropriations by Fund2.25General(392,000)(991,000)2.26Environmental-0-535,000

2.27The commissioner shall recover the cost 2.28of attorney general services related to 2.29environmental assessment worksheets from 2.30the project proposers.2.31$485,000 in 2011 is a reduction in the 2.32appropriation for general water program 2.33operations.3.1$485,000 is appropriated from the 3.2environmental fund for attorney general 3.3costs in water program operations.3.4$140,000 in 2010 and $304,000 in 2011 are 3.5reductions in the appropriations for the clean 3.6water partnership program.3.7$152,000 in 2010 and $152,000 in 2011 3.8are reductions in the appropriations for the 3.9county feedlot grant program.3.10$100,000 in 2010 is a reduction in the 3.11appropriation for stormwater compliance 3.12grants.3.13$50,000 in 2011 is a reduction in the 3.14appropriation for grants to the Red River 3.15Watershed Management Board for the river 3.16watch program.3.17$50,000 in 2011 is appropriated from the 3.18environmental fund for grants to the Red 3.19River Watershed Management Board for the 3.20river watch program.

3.213.22Subd. 3.Environmental Assistance and Cross-Media(61,000)(95,000)

3.23Subd. 4.Administrative Support(82,000)(79,000)

3.24Sec. 4. NATURAL RESOURCES

3.25Subdivision 1.Total Appropriation$(2,501,000)$(3,184,000)

3.26Appropriations by Fund3.27General(2,501,000)(3,434,000)3.28Game and Fish-0-250,000

3.29The appropriation additions or reductions 3.30for each purpose are shown in the following 3.31subdivisions.3.32In order to leverage nonstate money, or to 3.33address high priority needs identified by the 4.1commissioner, the commissioner may shift 4.2appropriations in Laws 2009, chapter 37, 4.3article 1, section 4, available in one fiscal 4.4year to the other fiscal year. Any adjustments 4.5made under this paragraph do not affect the 4.6agency base for the programs affected.

4.7Subd. 2.Lands and Minerals(315,000)(333,000)

4.8$124,000 in 2010 and $124,000 in 2011 are 4.9reductions in the appropriations for land and 4.10mineral resources management operations.4.11$67,000 in 2010 and $85,000 in 2011 are 4.12reductions in the appropriations for the iron 4.13ore cooperative research program.4.14$6,000 in 2010 and $6,000 in 2011 are 4.15reductions in the appropriations for minerals 4.16cooperative research.4.17$115,000 in 2010 and $115,000 in 2011 are 4.18reductions in the appropriations for issuing 4.19mining permits in Laws 2009, chapter 88, 4.20article 12, section 22.4.21$3,000 in 2010 and $3,000 in 2011 are 4.22reductions in the appropriations for minerals 4.23diversification.

4.24Subd. 3.Water Resource Management(447,000)(533,000)

4.25$447,000 in 2010 and $447,000 in 2011 are 4.26reductions in the appropriations for water 4.27resource management operations.4.28$60,000 in 2011 is a reduction in the 4.29appropriation for grants to the Mississippi 4.30Headwaters Board.4.31$5,000 in 2011 is a reduction in the 4.32appropriation for the payment to the Leech 4.33Lake Band of Chippewa Indians.5.1$10,000 in 2011 is a reduction in the 5.2appropriation for the construction of ring 5.3dikes.5.4$11,000 in 2011 is a reduction in the 5.5appropriation for the Red River flood damage 5.6reduction grants.

5.7Subd. 4.Forest Management(815,000)(665,000)

5.8Appropriations by Fund5.9General(815,000)(915,000)5.10Game and Fish-0-250,000

5.11$617,000 in 2010 and $617,000 in 2011 are 5.12reductions in the appropriations for forest 5.13management.5.14$82,000 in 2010 and $82,000 in 2011 are 5.15reductions in the appropriations to maintain 5.16forest management operations.5.17$72,000 in 2010 and $72,000 in 2011 5.18are reductions in the appropriations for 5.19prevention, presuppression, and suppression 5.20costs of emergency firefighting.5.21$14,000 in 2010 and $14,000 in 2011 are 5.22reductions in the appropriations for the 5.23FORIST system.5.24$30,000 in 2010 and $130,000 in 2011 are 5.25reductions in the appropriations for grants to 5.26the Forest Resources Council.5.27$250,000 in fiscal year 2011 is appropriated 5.28from the game and fish fund to maintain and 5.29expand the ecological classification system 5.30program on state forest lands. This is a 5.31onetime appropriation.

5.32Subd. 5.Parks and Trails Management(565,000)(565,000)

6.1$490,000 in 2010 and $490,000 in 2011 are 6.2reductions in the appropriations for parks 6.3management.6.4$75,000 in 2010 and $75,000 in 2011 are 6.5reductions in the appropriations for trails and 6.6waterways management.

6.7Subd. 6.Fish and Wildlife Management-0-(400,000)

6.8$400,000 in 2011 is a reduction in the 6.9appropriation for wildlife health programs.

6.10Subd. 7.Ecological Services(213,000)(188,000)

6.11$168,000 in 2010 and $168,000 in 2011 6.12are reductions in the appropriations for 6.13ecological services operations.6.14$45,000 in 2010 and $20,000 in 2011 are 6.15reductions in the appropriations for the 6.16prevention of the spread of invasive species.

6.17Subd. 8.Enforcement(136,000)(400,000)

6.18Subd. 9.Operations Support(10,000)(100,000)

6.196.20Sec. 5. BOARD OF WATER AND SOIL RESOURCES$(884,000)$(1,145,000)

6.21$119,000 in 2010 and $119,000 in 2011 6.22are reductions in the appropriations for 6.23administration.6.24$33,000 in 2010 and $33,000 in 2011 are 6.25reductions in the appropriations for Wetland 6.26Conservation Act oversight.6.27$14,000 in 2010 and $14,000 in 2011 6.28are reductions in the appropriations for 6.29assistance to local drainage officials.6.30$258,000 in 2010 and $251,000 in 2011 are 6.31reductions in the appropriations for natural 6.32resources block grants to local governments.7.1$228,000 in 2010 and $228,000 in 2011 are 7.2reductions in the appropriations for general 7.3purpose grants to soil and water conservation 7.4districts.7.5$32,000 in 2010 and $32,000 in 2011 7.6are reductions in the appropriations for 7.7cost-share feedlot grants.7.8$105,000 in 2010 and $72,000 in 2011 7.9are reductions in the appropriations for 7.10cost-share grants.7.11$67,000 in 2010 and $58,000 in 2011 7.12are reductions in the appropriations for 7.13cost-share grants to establish and maintain 7.14riparian vegetative buffers.7.15$7,000 in 2010 and $7,000 in 2011 are 7.16reductions in the appropriations for county 7.17cooperative weed management programs.7.18$7,000 in 2010 and $7,000 in 2011 are 7.19reductions in the appropriations for transfers 7.20to the Department of Natural Resources for 7.21enforcement of the Wetland Conservation 7.22Act.7.23$7,000 in 2010 and $7,000 in 2011 are 7.24reductions in the appropriations for grants to 7.25local units of government in the 11-county 7.26metropolitan area for response to Wetland 7.27Conservation Act violations.7.28$7,000 in 2010 and $7,000 in 2011 are 7.29reductions in the appropriations for cost-share 7.30grants for drainage records modernization.7.31$90,000 in 2011 is a reduction in the 7.32appropriation for the grant to the Red River 7.33Basin Commission.8.1$90,000 in 2011 is a reduction in the 8.2appropriation for the grant to the Minnesota 8.3River Basin Joint Powers Board.8.4$130,000 in 2011 is a reduction in the 8.5appropriation for a grant to Area II, 8.6Minnesota River Basin Projects for flood 8.7plain management.8.8Notwithstanding Minnesota Statutes, 8.9sections 103B.3369 and 103C.501, in order 8.10to leverage nonstate money or to address 8.11high priority needs identified by board 8.12resolution, the board may shift appropriations 8.13in Laws 2009, chapter 37, article 1, section 8.145, available in one fiscal year to the other 8.15fiscal year. Any adjustments made under this 8.16paragraph do not affect the agency base for 8.17the programs affected.

8.18Sec. 6. METROPOLITAN COUNCIL$(112,000)$(300,000)

8.19$112,000 in 2010 and $300,000 in 2011 8.20are reductions in the appropriations for 8.21metropolitan parks and trails.

8.228.23Sec. 7. TRANSFERS AND CANCELLATIONS.

8.248.25Subdivision 1.Department of Natural Resources

8.26(a) The appropriation in Laws 2007, First 8.27Special Session chapter 2, article 1, section 5, 8.28for cost-share flood programs in southeastern 8.29Minnesota is reduced by $335,000 and that 8.30amount is canceled to the general fund.8.31(b) The balance of surcharges on criminal and 8.32traffic offenders, estimated to be $900,000, 8.33and credited to the game and fish fund 8.34under Minnesota Statutes, section 357.021, 9.1subdivision 7, and collected prior to June 30, 9.22010, must be transferred to the general fund.9.3(c) By June 30, 2010, the commissioner of 9.4management and budget shall transfer any 9.5remaining balance, estimated to be $98,000, 9.6from the stream protection and improvement 9.7fund under Minnesota Statutes, section 9.8103G.705, to the general fund. Beginning 9.9in fiscal year 2011, all repayment of loans 9.10made and administrative fees assessed under 9.11Minnesota Statutes, section 103G.705, must 9.12be transferred to the general fund.

9.13Subd. 2.Board of Water and Soil Resources

9.14(a) The amounts appropriated from the 9.15returned grant accounts in the special revenue 9.16fund are reduced by $310,000, and that 9.17amount must be transferred to the general 9.18fund by June 30, 2011.9.19(b) The appropriation in Laws 2008, chapter 9.20363, article 5, section 5, for cost-share 9.21flood work is reduced by $245,000, and that 9.22amount is canceled to the general fund.9.23(c) The appropriation in Laws 2007, chapter 9.2457, article 1, section 5, for clean water legacy 9.25programs and grants is reduced by $775,000, 9.26and that amount is canceled to the general 9.27fund.9.28(d) The appropriation in Laws 2007, First 9.29Special Session chapter 2, article 1, section 6, 9.30for cost-share flood programs in southeastern 9.31Minnesota is reduced by $553,000, and that 9.32amount is canceled to the general fund.9.33    Sec. 8. Minnesota Statutes 2008, section 97A.061, subdivision 1, is amended to read:10.1    Subdivision 1. Applicability; amount. (a) The commissioner shall annually make a 10.2payment to each county having public hunting areas and game refuges. Money to make 10.3the payments is annually appropriated for that purpose from the general fund. Except as 10.4provided in paragraph (b), this section does not apply to state trust fund land and other 10.5state land not purchased for game refuge or public hunting purposes. Except as provided 10.6in paragraph (b), the payment shall be 87 percent for fiscal year 2011 and 93.5 percent 10.7thereafter of the greatest of:10.8(1) 35 percent of the gross receipts from all special use permits and leases of land 10.9acquired for public hunting and game refuges;10.10(2) 50 cents per acre on land purchased actually used for public hunting or game 10.11refuges; or10.12(3) three-fourths of one percent of the appraised value of purchased land actually 10.13used for public hunting and game refuges.10.14(b) The payment shall be 50 percent of the dollar amount adjusted for inflation as 10.15determined under section 
         477A.12, subdivision 1, paragraph (a), clause (1), multiplied 10.16by the number of acres of land in the county that are owned by another state agency for 10.17military purposes and designated as a game refuge under section 
         97A.085.10.18(c) The payment must be reduced by the amount paid under subdivision 3 for 10.19croplands managed for wild geese.10.20(d) The appraised value is the purchase price for five years after acquisition. 10.21The appraised value shall be determined by the county assessor every five years after 10.22acquisition.10.23    Sec. 9. [97A.072] PEACE OFFICER TRAINING ACCOUNT.10.24    Subdivision 1.Account established; sources.The peace officer training account is 10.25created in the game and fish fund in the state treasury. Revenue from the portion of the 10.26surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7, 10.27clause (1), shall be deposited in the account and is appropriated to the commissioner. 10.28Money in the account may be spent only for the purposes provided in subdivision 2. 10.29    Subd. 2.Purposes of account.Money in the peace officer training account 10.30may only be spent by the commissioner for peace officer training for employees of the 10.31Department of Natural Resources who are licensed under sections 626.84 to 626.863 10.32to enforce game and fish laws.10.33    Sec. 10. Minnesota Statutes 2008, section 103G.705, subdivision 2, is amended to read:11.1    Subd. 2. Stream protection and improvement fund. There is established in the 11.2state treasury a stream protection and redevelopment fund. All repayments of loans 11.3made and administrative fees assessed under subdivision 1 must be deposited in this 11.4fund. Interest earned on money in the fund accrues to the fund and money in the fund 11.5is appropriated to the commissioner of natural resources for purposes of the stream 11.6protection and redevelopment program, including costs incurred by the commissioner to 11.7establish and administer the program. Beginning in fiscal year 2010, all repayments of 11.8loans made and administrative fees assessed under subdivision 1 must be transferred 11.9to the general fund. This includes any balance within the fund from repayments and 11.10administrative fees assessed prior to July 1, 2009.11.11    Sec. 11. Minnesota Statutes 2008, section 116D.045, is amended to read:11.12116D.045 ENVIRONMENTAL IMPACT STATEMENTS; REVIEW COSTS.11.13    Subdivision 1. Assessment.(a) The board shall by rule adopt procedures to assess 11.14the proposer of a specific action for reasonable costs of preparing and distributing an 11.15environmental impact statement on that action required pursuant to section 
         116D.04. 11.16Such The costs shall be determined by the responsible governmental unit pursuant to the 11.17rules promulgated by the board. 11.18(b) A responsible government unit shall assess the proposer of a specific action for 11.19the reasonable costs of preparing and distributing an environmental assessment worksheet 11.20on that action required under section 116D.04 in accordance with Minnesota Rules, parts 11.214410.6100 and 4410.6200, except that a local unit of government is exempt from paying 11.22the equivalent of the first ten hours of the assessed reasonable costs of preparing and 11.23distributing the environmental assessment worksheet. This paragraph is not subject to the 11.24rulemaking provisions of chapter 14, and section 14.386 does not apply.11.25    Subd. 2. Modification. In the event of a disagreement between the proposer of the 11.26action and the responsible governmental unit over the cost of an environmental impact 11.27statement or environmental assessment worksheet, the responsible governmental unit shall 11.28consult with the board, which may modify the cost or determine that the cost assessed by 11.29the responsible governmental unit is reasonable.11.30    Subd. 3. Use of assessment. The responsible governmental unit shall assess the 11.31project proposer for reasonable costs in preparing and distributing the environmental 11.32impact statement or environmental assessment worksheet and the proposer shall pay the 11.33assessed cost to the responsible governmental unit. Money received under this subdivision 11.34by a responsible governmental unit may be retained by the unit for the same purposes. 12.1Money received by a state agency must be credited to a special account and is appropriated 12.2to the agency to cover the assessed costs incurred.12.3    Subd. 4. Partial cost to be paid. No responsible governmental unit shall commence 12.4the preparation of an environmental impact statement or environmental assessment 12.5worksheet until at least one-half of the assessed cost of the environmental impact statement 12.6or environmental assessment worksheet is paid pursuant to subdivision 3. Other laws 12.7notwithstanding, no state agency may issue any permits for the construction or operation 12.8of a project for which an environmental impact statement or environmental assessment 12.9worksheet is prepared until the assessed cost for the environmental impact statement or 12.10environmental assessment worksheet has been paid in full.12.11    Sec. 12. Minnesota Statutes 2009 Supplement, section 357.021, subdivision 7, is 12.12amended to read:12.13    Subd. 7. Disbursement of surcharges by commissioner of management and 12.14budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of 12.15management and budget shall disburse surcharges received under subdivision 6 and 12.16section 
         97A.065, subdivision 2, as follows:12.17    (1) beginning July 1, 2010, one percent shall be credited to the peace officer training 12.18account in the game and fish fund and appropriated to the commissioner of natural 12.19resources to provide peace officer training for employees of the Department of Natural 12.20Resources who are licensed under sections 
         626.84 to 
         626.863, and who possess peace 12.21officer authority for the purpose of enforcing game and fish laws;12.22    (2) 39 percent shall be credited to the peace officers training account in the special 12.23revenue fund; and12.24    (3) 60 percent shall be credited to the general fund.12.25    (b) The commissioner of management and budget shall credit $3 of each surcharge 12.26received under subdivision 6 and section 
         97A.065, subdivision 2, to the general fund.12.27    (c) In addition to any amounts credited under paragraph (a), the commissioner of 12.28management and budget shall credit $47 of each surcharge received under subdivision 6 12.29and section 
         97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.12.30    (d) If the Ramsey County Board of Commissioners authorizes imposition of the 12.31additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator 12.32in the Second Judicial District shall transmit the surcharge to the commissioner of 12.33management and budget. The $1 special surcharge is deposited in a Ramsey County 12.34surcharge account in the special revenue fund and amounts in the account are appropriated 13.1to the trial courts for the administration of the petty misdemeanor diversion program 13.2operated by the Second Judicial District Ramsey County Violations Bureau.13.3    Sec. 13. Minnesota Statutes 2008, section 477A.12, subdivision 1, is amended to read:13.4    Subdivision 1. Types of land; payments. (a) As an offset for expenses incurred by 13.5counties and towns in support of natural resources lands, 87 percent for fiscal year 2011 13.6and 93.5 percent thereafter of the following amounts are annually appropriated to the 13.7commissioner of natural resources from the general fund for transfer to the commissioner 13.8of revenue. The commissioner of revenue shall pay the transferred funds to counties as 13.9required by sections 
         477A.11 to 
         477A.145. The amounts are:13.10(1) for acquired natural resources land, $3, as adjusted for inflation under section 13.11477A.145
         , multiplied by the total number of acres of acquired natural resources land or, 13.12at the county's option three-fourths of one percent of the appraised value of all acquired 13.13natural resources land in the county, whichever is greater;13.14(2) 75 cents, as adjusted for inflation under section 
         477A.145, multiplied by the 13.15number of acres of county-administered other natural resources land;13.16(3) 75 cents, as adjusted for inflation under section 
         477A.145, multiplied by the total 13.17number of acres of land utilization project land; and13.18(4) 37.5 cents, as adjusted for inflation under section 
         477A.145, multiplied by the 13.19number of acres of commissioner-administered other natural resources land located in 13.20each county as of July 1 of each year prior to the payment year.13.21(b) The amount determined under paragraph (a), clause (1), is payable for land 13.22that is acquired from a private owner and owned by the Department of Transportation 13.23for the purpose of replacing wetland losses caused by transportation projects, but only 13.24if the county contains more than 500 acres of such land at the time the certification is 13.25made under subdivision 2.