1.1 	A bill for an act
1.2 	relating to environment and natural resources; modifying certain administrative 
1.3 	accounts; modifying electronic transaction provisions; providing for certain 
1.4 	registration and licensing exemptions; requiring drainage of watercraft 
1.5 	equipment when leaving public waters; creating peace officer training account; 
1.6 	modifying off-highway vehicle and snowmobile provisions; modifying state 
1.7 	trails and canoe and boating routes; modifying fees and disposition of certain 
1.8 	receipts; delaying local ordinance adoption requirements and establishing a 
1.9 	task force; modifying certain competitive bidding exemptions; modifying 
1.10 	horse trail pass provisions; modifying master plan requirements; expanding 
1.11 	eligibility for free state park permit; modifying cross-country ski trail provisions; 
1.12 	providing for general burning permits; modifying authority to establish forestry 
1.13 	services fees; modifying authority to issue leases and permits; modifying timber 
1.14 	sales provisions; eliminating certain pilot projects and reports; modifying 
1.15 	the Water Law; modifying utility license provisions; modifying rulemaking 
1.16 	authority; providing for certain permitting and review efficiencies; modifying 
1.17 	nongame wildlife checkoffs; requiring long-range land management budgeting; 
1.18 	requiring studies and reports; creating Coon Rapids Dam Commission; 
1.19 	imposing incineration facility moratorium; appropriating money;amending 
1.20 	Minnesota Statutes 2008, sections 84.025, subdivision 9; 84.027, subdivision 
1.21 	15; 84.0856; 84.0857; 84.415, by adding a subdivision; 84.777, subdivision 
1.22 	2; 84.788, subdivision 2; 84.798, subdivision 2; 84.82, subdivisions 3, 6, 
1.23 	by adding a subdivision; 84.8205, subdivision 1; 84.92, subdivisions 9, 10; 
1.24 	84.922, subdivision 5, by adding a subdivision; 84.925, subdivision 1; 84.9256, 
1.25 	subdivision 1; 84.928, subdivision 5; 84D.10, by adding a subdivision; 84D.13, 
1.26 	subdivision 5; 85.015, subdivision 14; 85.052, subdivision 4; 85.22, subdivision 
1.27 	5; 85.32, subdivision 1; 85.41, subdivision 3; 85.42; 85.43; 85.46, as amended; 
1.28 	86B.301, subdivision 2; 88.17, subdivisions 1, 3; 88.79, subdivision 2; 89.17; 
1.29 	90.041, by adding a subdivision; 90.121; 90.14; 103A.305; 103F.325, by 
1.30 	adding a subdivision; 103F.335, subdivision 1; 103G.271, subdivision 3; 
1.31 	103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 
1.32 	2; 103G.315, subdivision 11; 103G.515, subdivision 5; 115.55, by adding a 
1.33 	subdivision; 116.07, subdivisions 4, 4h; 116D.04, subdivision 2a, by adding a 
1.34 	subdivision; 290.431; 290.432; Minnesota Statutes 2009 Supplement, sections 
1.35 	84.415, subdivision 6; 84.793, subdivision 1; 84.922, subdivision 1a; 84.9275, 
1.36 	subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 85.053, subdivision 
1.37 	10; 86A.09, subdivision 1; 103G.201; 357.021, subdivision 7; proposing coding 
1.38 	for new law in Minnesota Statutes, chapters 97A; 103G; repealing Minnesota 
2.1 	Statutes 2008, sections 90.172; 103G.295; 103G.650; Minnesota Statutes 2009 
2.2 	Supplement, section 88.795.
2.3 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.4 	Section 1. Minnesota Statutes 2008, section 84.025, subdivision 9, is amended to read:
2.5 		Subd. 9.Professional services support account. The commissioner of natural 
2.6 	resources may bill other governmental units, including tribal governments, and the 
2.7 	various programs carried out by the commissioner for the costs of providing them with 
2.8 	professional support services. Except as provided under section 89.421, receipts must be 
2.9 	credited to a special account in the state treasury and are appropriated to the commissioner 
2.10 	to pay the costs for which the billings were made.
2.11 	The commissioner of natural resources shall submit to the commissioner of 
2.12 	management and budget before the start of each fiscal year a work plan showing the 
2.13 	estimated work to be done during the coming year, the estimated cost of doing the work, 
2.14 	and the positions and fees that will be necessary. This account is exempted from statewide 
2.15 	and agency indirect cost payments.

2.16 	Sec. 2. Minnesota Statutes 2008, section 84.027, subdivision 15, is amended to read:
2.17 		Subd. 15.Electronic transactions. (a) The commissioner may receive an 
2.18 	application for, sell, and issue any license, stamp, permit, pass, sticker, duplicate gift 
2.19 	card, safety training certification, registration, or transfer under the jurisdiction of the 
2.20 	commissioner by electronic means, including by telephone. Notwithstanding section 
2.21 	97A.472, electronic and telephone transactions may be made outside of the state. The 
2.22 	commissioner may:
2.23 	(1) provide for the electronic transfer of funds generated by electronic transactions, 
2.24 	including by telephone;
2.25 	(2) assign an identification number to an applicant who purchases a hunting or 
2.26 	fishing license or recreational vehicle registration by electronic means, to serve as 
2.27 	temporary authorization to engage in the activity requiring a license or registration until 
2.28 	the license or registration is received or expires;
2.29 	(3) charge and permit agents to charge a fee of individuals who make electronic 
2.30 	transactions and transactions by telephone or Internet, including issuing fees and an 
2.31 	additional transaction fee not to exceed $3.50;
2.32 	(4) charge and permit agents to charge a convenience fee not to exceed three percent 
2.33 	of the cost of the license to individuals who use electronic bank cards for payment. An 
2.34 	electronic licensing system agent charging a fee of individuals making an electronic 
2.35 	bank card transaction in person must post a sign informing individuals of the fee. The 
3.1 	sign must be near the point of payment, clearly visible, include the amount of the fee, and 
3.2 	state: "License agents are allowed by state law to charge a fee not to exceed three percent 
3.3 	of the cost of state licenses to persons who use electronic bank cards for payment. The 
3.4 	fee is not required by state law.";
3.5 	(5) establish, by written order, an electronic licensing system commission to be 
3.6 	paid by revenues generated from all sales made through the electronic licensing system. 
3.7 	The commissioner shall establish the commission in a manner that neither significantly 
3.8 	overrecovers nor underrecovers costs involved in providing the electronic licensing 
3.9 	system; and
3.10 	(6) adopt rules to administer the provisions of this subdivision.
3.11 	(b) The fees established under paragraph (a), clauses (3) and (4), and the commission 
3.12 	established under paragraph (a), clause (5), are not subject to the rulemaking procedures 
3.13 	of chapter 14 and section 14.386 does not apply.
3.14 	(c) Money received from fees and commissions collected under this subdivision, 
3.15 	including interest earned, is annually appropriated from the game and fish fund and the 
3.16 	natural resources fund to the commissioner for the cost of electronic licensing.

3.17 	Sec. 3. Minnesota Statutes 2008, section 84.0856, is amended to read:
3.18 	84.0856 FLEET MANAGEMENT ACCOUNT.
3.19 	The commissioner of natural resources may bill organizational units within 
3.20 	the Department of Natural Resources and other governmental units, including tribal 
3.21 	governments, for the costs of providing them with equipment. Costs billed may include 
3.22 	acquisition, licensing, insurance, maintenance, repair, and other direct costs as determined 
3.23 	by the commissioner. Receipts and interest earned on the receipts shall be credited to a 
3.24 	special account in the state treasury and are appropriated to the commissioner to pay the 
3.25 	costs for which the billings were made.

3.26 	Sec. 4. Minnesota Statutes 2008, section 84.0857, is amended to read:
3.27 	84.0857 FACILITIES MANAGEMENT ACCOUNT.
3.28 	(a) The commissioner of natural resources may bill organizational units within 
3.29 	the Department of Natural Resources and other governmental units, including tribal 
3.30 	governments, for the costs of providing them with building and infrastructure facilities. 
3.31 	Costs billed may include modifications and adaptations to allow for appropriate building 
3.32 	occupancy, building code compliance, insurance, utility services, maintenance, repair, and 
3.33 	other direct costs as determined by the commissioner. Receipts shall be credited to a 
4.1 	special account in the state treasury and are appropriated to the commissioner to pay the 
4.2 	costs for which the billings were made.
4.3 	(b) Money deposited in the special account from the proceeds of a sale under section 
4.4 	94.16, subdivision 3, paragraph (b), is appropriated to the commissioner to acquire 
4.5 	facilities or renovate existing buildings for administrative use or to acquire land for, 
4.6 	design, and construct administrative buildings for the Department of Natural Resources.

4.7 	Sec. 5. Minnesota Statutes 2008, section 84.415, is amended by adding a subdivision 
4.8 	to read:
4.9 		Subd. 3a.Joint applications for residential use. An application for a utility 
4.10 	license may cover more than one type of utility if the utility lines are being installed for 
4.11 	residential use only. Separate applications submitted by utilities for the same crossing 
4.12 	shall be joined together and processed as one application, provided that the applications 
4.13 	are submitted within one year of each other and the utility lines are for residential use only. 
4.14 	The application fees for a joint application or separate applications subsequently joined 
4.15 	together shall be as if only one application was submitted.

4.16 	Sec. 6. Minnesota Statutes 2009 Supplement, section 84.415, subdivision 6, is 
4.17 	amended to read:
4.18 		Subd. 6.Supplemental application fee and monitoring fee. (a) In addition to the 
4.19 	application fee and utility crossing fees specified in Minnesota Rules, the commissioner of 
4.20 	natural resources shall assess the applicant for a utility license the following fees:
4.21 	(1) a supplemental application fee of $1,500 $2,000 for a public water crossing 
4.22 	license and a supplemental application fee of $4,500 $2,000 for a public lands crossing 
4.23 	license, to cover reasonable costs for reviewing the application and preparing the license; 
4.24 	and
4.25 	(2) a monitoring fee to cover the projected reasonable costs for monitoring the 
4.26 	construction of the utility line and preparing special terms and conditions of the license 
4.27 	to ensure proper construction. The commissioner must give the applicant an estimate of 
4.28 	the monitoring fee before the applicant submits the fee.
4.29 	(b) The applicant shall pay fees under this subdivision to the commissioner of 
4.30 	natural resources. The commissioner shall not issue the license until the applicant has 
4.31 	paid all fees in full.
4.32 	(c) Upon completion of construction of the improvement for which the license 
4.33 	or permit was issued, the commissioner shall refund the unobligated balance from the 
5.1 	monitoring fee revenue. The commissioner shall not return the application fees, even 
5.2 	if the application is withdrawn or denied.
5.3 	(d) If the fees collected under paragraph (a), clause (1), are not sufficient to cover 
5.4 	the costs of reviewing the applications and preparing the licenses, the commissioner shall 
5.5 	improve efficiencies and otherwise reduce department costs and activities to ensure the 
5.6 	revenues raised under paragraph (a), clause (1), are sufficient, and that no other funds are 
5.7 	necessary to carry out the requirements.

5.8 	Sec. 7. Minnesota Statutes 2008, section 84.777, subdivision 2, is amended to read:
5.9 		Subd. 2.Off-highway vehicle seasons seasonal restrictions. (a) The commissioner 
5.10 	shall prescribe seasons for off-highway vehicle use on state forest lands. Except for 
5.11 	designated forest roads, a person must not operate an off-highway vehicle on state forest 
5.12 	lands outside of the seasons prescribed under this paragraph. during the firearms deer 
5.13 	hunting season in areas of the state where deer may be taken by rifle. This paragraph 
5.14 	does not apply to a person in possession of a valid deer hunting license operating an 
5.15 	off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
5.16 	(b) The commissioner may designate and post winter trails on state forest lands 
5.17 	for use by off-highway vehicles.
5.18 	(c) For the purposes of this subdivision, "state forest lands" means forest lands under 
5.19 	the authority of the commissioner as defined in section 89.001, subdivision 13, and lands 
5.20 	managed by the commissioner under section 282.011.

5.21 	EFFECTIVE DATE. This section is effective the day following final enactment.

5.22 	Sec. 8. Minnesota Statutes 2008, section 84.788, subdivision 2, is amended to read:
5.23 		Subd. 2.Exemptions. Registration is not required for off-highway motorcycles:
5.24 	(1) owned and used by the United States, an Indian tribal government, the state, 
5.25 	another state, or a political subdivision;
5.26 	(2) registered in another state or country that have not been within this state for 
5.27 	more than 30 consecutive days; or
5.28 	(3) registered under chapter 168, when operated on forest roads to gain access to a 
5.29 	state forest campground.

5.30 	Sec. 9. Minnesota Statutes 2009 Supplement, section 84.793, subdivision 1, is 
5.31 	amended to read:
5.32 		Subdivision 1.Prohibitions on youthful operators. (a) After January 1, 1995, A 
5.33 	person less than 16 years of age operating an off-highway motorcycle on public lands 
6.1 	or waters must possess a valid off-highway motorcycle safety certificate issued by the 
6.2 	commissioner.
6.3 	(b) Except for operation on public road rights-of-way that is permitted under section 
6.4 	84.795, subdivision 1, a driver's license issued by the state or another state is required to 
6.5 	operate an off-highway motorcycle along or on a public road right-of-way.
6.6 	(c) A person under 12 years of age may not:
6.7 	(1) make a direct crossing of a public road right-of-way;
6.8 	(2) operate an off-highway motorcycle on a public road right-of-way in the state; or
6.9 	(3) operate an off-highway motorcycle on public lands or waters unless accompanied 
6.10 	by a person 18 years of age or older or participating in an event for which the 
6.11 	commissioner has issued a special use permit.
6.12 	(d) Except for public road rights-of-way of interstate highways, a person less than 16 
6.13 	years of age may make a direct crossing of a public road right-of-way of a trunk, county 
6.14 	state-aid, or county highway only if that person is accompanied by a person 18 years of 
6.15 	age or older who holds a valid driver's license.
6.16 	(e) A person less than 16 years of age may operate an off-highway motorcycle on 
6.17 	public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph 
6.18 	(a), only if that person is accompanied by a person 18 years of age or older who holds a 
6.19 	valid driver's license.
6.20 	(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may 
6.21 	operate an off-highway motorcycle on public lands or waters if the nonresident youth has 
6.22 	in possession evidence of completing an off-road safety course offered by the Motorcycle 
6.23 	Safety Foundation or another state as provided in section 84.791, subdivision 4.

6.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.25 	Sec. 10. Minnesota Statutes 2008, section 84.798, subdivision 2, is amended to read:
6.26 		Subd. 2.Exemptions. Registration is not required for an off-road vehicle that is:
6.27 	(1) owned and used by the United States, an Indian tribal government, the state, 
6.28 	another state, or a political subdivision; or
6.29 	(2) registered in another state or country and has not been in this state for more 
6.30 	than 30 consecutive days.

6.31 	Sec. 11. Minnesota Statutes 2008, section 84.82, subdivision 3, is amended to read:
6.32 		Subd. 3.Fees for registration. (a) The fee for registration of each snowmobile, 
6.33 	other than those used for an agricultural purpose, as defined in section 84.92, subdivision 
7.1 	1c, or those registered by a dealer or manufacturer pursuant to clause (b) or (c) shall be as 
7.2 	follows: $45 for three years and $4 for a duplicate or transfer.  
7.3 	(b) The total registration fee for all snowmobiles owned by a dealer and operated for 
7.4 	demonstration or testing purposes shall be $50 per year.
7.5 	(c) The total registration fee for all snowmobiles owned by a manufacturer and 
7.6 	operated for research, testing, experimentation, or demonstration purposes shall be $150 
7.7 	per year. Dealer and manufacturer registrations are not transferable.
7.8 	(d) The onetime fee for registration of an exempt snowmobile under subdivision 
7.9 	6a is $6.

7.10 	Sec. 12. Minnesota Statutes 2008, section 84.82, subdivision 6, is amended to read:
7.11 		Subd. 6.Exemptions. Registration is not required under this section for:
7.12 	(1) a snowmobile owned and used by the United States, an Indian tribal government, 
7.13 	another state, or a political subdivision thereof;
7.14 	(2) a snowmobile registered in a country other than the United States temporarily 
7.15 	used within this state;
7.16 	(3) a snowmobile that is covered by a valid license of another state and has not been 
7.17 	within this state for more than 30 consecutive days;
7.18 	(4) a snowmobile used exclusively in organized track racing events;
7.19 	(5) a snowmobile in transit by a manufacturer, distributor, or dealer;
7.20 	(6) a snowmobile at least 15 years old in transit by an individual for use only on 
7.21 	land owned or leased by the individual; or
7.22 	(7) a snowmobile while being used to groom a state or grant-in-aid trail.

7.23 	Sec. 13. Minnesota Statutes 2008, section 84.82, is amended by adding a subdivision 
7.24 	to read:
7.25 		Subd. 6a.Exemption; collector unlimited snowmobile use. Snowmobiles may be 
7.26 	issued an exempt registration if the machine is at least 25 years old. Exempt registration is 
7.27 	valid from the date of issuance until ownership of the snowmobile is transferred. Exempt 
7.28 	registrations are not transferable.

7.29 	Sec. 14. Minnesota Statutes 2008, section 84.8205, subdivision 1, is amended to read:
7.30 		Subdivision 1.Sticker required; fee. (a) Except as provided in paragraph (b), a 
7.31 	person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a 
7.32 	snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural 
7.33 	resources shall issue a sticker upon application and payment of a $15 fee. The fee for a 
8.1 	three-year snowmobile state trail sticker that is purchased at the time of snowmobile 
8.2 	registration is $30. In addition to other penalties prescribed by law, a person in violation 
8.3 	of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker 
8.4 	is valid from November 1 through June 30. Fees collected under this section, except for 
8.5 	the issuing fee for licensing agents, shall be deposited in the state treasury and credited 
8.6 	to the snowmobile trails and enforcement account in the natural resources fund and, 
8.7 	except for the electronic licensing system commission established by the commissioner 
8.8 	under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance, 
8.9 	grooming, and easement acquisition.
8.10 	(b) A state trail sticker is not required under this section for:
8.11 	(1) a snowmobile owned by the state or a political subdivision of the state that is 
8.12 	registered under section 84.82, subdivision 5;
8.13 	(2) a snowmobile that is owned and used by the United States, an Indian tribal 
8.14 	government, another state, or a political subdivision thereof that is exempt from 
8.15 	registration under section 84.82, subdivision 6;
8.16 	(3) a collector snowmobile that is operated as provided in a special permit issued for 
8.17 	the collector snowmobile under section 84.82, subdivision 7a; 
8.18 	(4) a person operating a snowmobile only on the portion of a trail that is owned by 
8.19 	the person or the person's spouse, child, or parent; or
8.20 	(5) a snowmobile while being used to groom a state or grant-in-aid trail.
8.21 	(c) A temporary registration permit issued by a dealer under section 84.82, 
8.22 	subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is 
8.23 	included with the registration application fee.

8.24 	Sec. 15. Minnesota Statutes 2008, section 84.92, subdivision 9, is amended to read:
8.25 		Subd. 9.Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an 
8.26 	all-terrain vehicle that has a total dry weight of less than 900 1,000 pounds.

8.27 	Sec. 16. Minnesota Statutes 2008, section 84.92, subdivision 10, is amended to read:
8.28 		Subd. 10.Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an 
8.29 	all-terrain vehicle that has a total dry weight of 900 1,000 to 1,500 1,800 pounds.

8.30 	Sec. 17. Minnesota Statutes 2009 Supplement, section 84.922, subdivision 1a, is 
8.31 	amended to read:
8.32 		Subd. 1a.Exemptions. All-terrain vehicles exempt from registration are:
9.1 	(1) vehicles owned and used by the United States, an Indian tribal government, the 
9.2 	state, another state, or a political subdivision;
9.3 	(2) vehicles registered in another state or country that have not been in this state for 
9.4 	more than 30 consecutive days; 
9.5 	(3) vehicles that:
9.6 	(i) are owned by a resident of another state or country that does not require 
9.7 	registration of all-terrain vehicles;
9.8 	(ii) have not been in this state for more than 30 consecutive days; and
9.9 	(iii) are operated on state and grant-in-aid trails by a nonresident possessing a 
9.10 	nonresident all-terrain vehicle state trail pass;
9.11 	(4) vehicles used exclusively in organized track racing events; and
9.12 	(5) vehicles that are 25 years old or older and were originally produced as a separate 
9.13 	identifiable make by a manufacturer.

9.14 	Sec. 18. Minnesota Statutes 2008, section 84.922, is amended by adding a subdivision 
9.15 	to read:
9.16 		Subd. 2b.Collector unlimited use; exempt registration. All-terrain vehicles may 
9.17 	be issued an exempt registration if requested and the machine is at least 25 years old. 
9.18 	Exempt registration is valid from the date of issuance until ownership of the all-terrain 
9.19 	vehicle is transferred. Exempt registrations are not transferable.

9.20 	Sec. 19. Minnesota Statutes 2008, section 84.922, subdivision 5, is amended to read:
9.21 		Subd. 5.Fees for registration. (a) The fee for a three-year registration of 
9.22 	an all-terrain vehicle under this section, other than those registered by a dealer or 
9.23 	manufacturer under paragraph (b) or (c), is:
9.24 	(1) for public use, $45;
9.25 	(2) for private use, $6; and
9.26 	(3) for a duplicate or transfer, $4.
9.27 	(b) The total registration fee for all-terrain vehicles owned by a dealer and operated 
9.28 	for demonstration or testing purposes is $50 per year. Dealer registrations are not 
9.29 	transferable.
9.30 	(c) The total registration fee for all-terrain vehicles owned by a manufacturer and 
9.31 	operated for research, testing, experimentation, or demonstration purposes is $150 per 
9.32 	year. Manufacturer registrations are not transferable.
9.33 	(d) The onetime fee for registration of an all-terrain vehicle under subdivision 2b 
9.34 	is $6.
10.1 	(e) The fees collected under this subdivision must be credited to the all-terrain 
10.2 	vehicle account.

10.3 	Sec. 20. Minnesota Statutes 2008, section 84.925, subdivision 1, is amended to read:
10.4 		Subdivision 1.Program established. (a) The commissioner shall establish a 
10.5 	comprehensive all-terrain vehicle environmental and safety education and training 
10.6 	program, including the preparation and dissemination of vehicle information and safety 
10.7 	advice to the public, the training of all-terrain vehicle operators, and the issuance of 
10.8 	all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who 
10.9 	successfully complete the all-terrain vehicle environmental and safety education and 
10.10 	training course.
10.11 	(b) For the purpose of administering the program and to defray a portion of the 
10.12 	expenses of training and certifying vehicle operators, the commissioner shall collect a fee 
10.13 	of $15 from each person who receives the training. The commissioner shall collect a fee, 
10.14 	to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle 
10.15 	safety certificate. The commissioner shall establish the fee for a duplicate all-terrain 
10.16 	vehicle safety certificate that neither significantly overrecovers nor underrecovers costs, 
10.17 	including overhead costs, involved in providing the service. Fee proceeds, except for the 
10.18 	issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain 
10.19 	vehicle account in the natural resources fund. In addition to the fee established by the 
10.20 	commissioner, instructors may charge each person the cost ofup to the established fee 
10.21 	amount for class materialmaterials and expenses.
10.22 	(c) The commissioner shall cooperate with private organizations and associations, 
10.23 	private and public corporations, and local governmental units in furtherance of the program 
10.24 	established under this section. School districts may cooperate with the commissioner 
10.25 	and volunteer instructors to provide space for the classroom portion of the training. The 
10.26 	commissioner shall consult with the commissioner of public safety in regard to training 
10.27 	program subject matter and performance testing that leads to the certification of vehicle 
10.28 	operators. By June 30, 2003, the commissioner shall incorporate a riding component in 
10.29 	the safety education and training program.

10.30 	Sec. 21. Minnesota Statutes 2008, section 84.9256, subdivision 1, is amended to read:
10.31 		Subdivision 1.Prohibitions on youthful operators. (a) Except for operation on 
10.32 	public road rights-of-way that is permitted under section 84.928, a driver's license issued 
10.33 	by the state or another state is required to operate an all-terrain vehicle along or on a 
10.34 	public road right-of-way.
11.1 	(b) A person under 12 years of age shall not:
11.2 	(1) make a direct crossing of a public road right-of-way;
11.3 	(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
11.4 	(3) operate an all-terrain vehicle on public lands or waters, except as provided in 
11.5 	paragraph (f).
11.6 	(c) Except for public road rights-of-way of interstate highways, a person 12 years 
11.7 	of age but less than 16 years may make a direct crossing of a public road right-of-way 
11.8 	of a trunk, county state-aid, or county highway or operate on public lands and waters or 
11.9 	state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety 
11.10 	certificate issued by the commissioner and is accompanied on another all-terrain vehicle
11.11 	by a person 18 years of age or older who holds a valid driver's license.
11.12 	(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years 
11.13 	old, but less than 16 years old, must:
11.14 	(1) successfully complete the safety education and training program under section 
11.15 	84.925, subdivision 1, including a riding component; and
11.16 	(2) be able to properly reach and control the handle bars and reach the foot pegs 
11.17 	while sitting upright on the seat of the all-terrain vehicle.
11.18 	(e) A person at least 11 years of age may take the safety education and training 
11.19 	program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 
11.20 	the certificate is not valid until the person reaches age 12.
11.21 	(f) A person at least ten years of age but under 12 years of age may operate an 
11.22 	all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if 
11.23 	accompanied by a parent or legal guardian.
11.24 	(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.
11.25 	(h) A person under the age of 16 may not operate an all-terrain vehicle on public 
11.26 	lands or waters or on state or grant-in-aid trails if the person cannot properly reach and 
11.27 	control the handle bars and reach the foot pegs while sitting upright on the seat of the 
11.28 	all-terrain vehicle.
11.29 	(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 
11.30 	16 years old, may make a direct crossing of a public road right-of-way of a trunk, county 
11.31 	state-aid, or county highway or operate an all-terrain vehicle on public lands and waters 
11.32 	or state or grant-in-aid trails if:
11.33 	(1) the nonresident youth has in possession evidence of completing an all-terrain 
11.34 	safety course offered by the ATV Safety Institute or another state as provided in section 
11.35 	84.925, subdivision 3; and
12.1 	(2) the nonresident youth is accompanied by a person 18 years of age or older who 
12.2 	holds a valid driver's license.

12.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

12.4 	Sec. 22. Minnesota Statutes 2009 Supplement, section 84.9275, subdivision 1, is 
12.5 	amended to read:
12.6 		Subdivision 1.Pass required; fee. (a) A nonresident may not operate an all-terrain 
12.7 	vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid 
12.8 	nonresident all-terrain vehicle state trail pass in immediate possession. The pass must 
12.9 	be available for inspection by a peace officer, a conservation officer, or an employee 
12.10 	designated under section 84.0835.
12.11 	(b) The commissioner of natural resources shall issue a pass upon application and 
12.12 	payment of a $20 fee. The pass is valid from January 1 through December 31. Fees 
12.13 	collected under this section, except for the issuing fee for licensing agents, shall be 
12.14 	deposited in the state treasury and credited to the all-terrain vehicle account in the natural 
12.15 	resources fund and, except for the electronic licensing system commission established by 
12.16 	the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to 
12.17 	counties and municipalities for all-terrain vehicle organizations to construct and maintain 
12.18 	all-terrain vehicle trails and use areas.
12.19 	(c) A nonresident all-terrain vehicle state trail pass is not required for:
12.20 	(1) an all-terrain vehicle that is owned and used by the United States, another state, 
12.21 	or a political subdivision thereof that is exempt from registration under section 84.922, 
12.22 	subdivision 1a; or
12.23 	(2) a person operating an all-terrain vehicle only on the portion of a trail that is 
12.24 	owned by the person or the person's spouse, child, or parent.; or
12.25 	(3) a nonresident operating an all-terrain vehicle that is registered according to 
12.26 	section 84.922.

12.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

12.28 	Sec. 23. Minnesota Statutes 2009 Supplement, section 84.928, subdivision 1, is 
12.29 	amended to read:
12.30 		Subdivision 1.Operation on roads and rights-of-way. (a) Unless otherwise 
12.31 	allowed in sections 84.92 to 84.928, a person shall not operate an all-terrain vehicle in 
12.32 	this state along or on the roadway, shoulder, or inside bank or slope of a public road 
12.33 	right-of-way of a trunk, county state-aid, or county highway.
13.1 	(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside 
13.2 	bank or slope of a trunk, county state-aid, or county highway unless prohibited under 
13.3 	paragraph (d) or (f).
13.4 	(c) A person may operate a class 2 all-terrain vehicle within the public road 
13.5 	right-of-way of a county state-aid or county highway on the extreme right-hand side of 
13.6 	the road and left turns may be made from any part of the road if it is safe to do so under 
13.7 	the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may 
13.8 	operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a 
13.9 	designated class 2 all-terrain vehicle trail.
13.10 	(d) A road authority as defined under section 160.02, subdivision 25, may after a 
13.11 	public hearing restrict the use of all-terrain vehicles in the public road right-of-way under 
13.12 	its jurisdiction.
13.13 	(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the 
13.14 	operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside 
13.15 	bank or slope of a trunk, interstate, county state-aid, or county highway:
13.16 	(1) that is part of a funded grant-in-aid trail; or
13.17 	(2) when the all-terrain vehicle is:
13.18 	(1) owned by or operated under contract with a publicly or privately owned utility 
13.19 	or pipeline company; and
13.20 	(2) used for work on utilities or pipelines.
13.21 	(f) The commissioner may limit the use of a right-of-way for a period of time if the 
13.22 	commissioner determines that use of the right-of-way causes:
13.23 	(1) degradation of vegetation on adjacent public property;
13.24 	(2) siltation of waters of the state;
13.25 	(3) impairment or enhancement to the act of taking game; or
13.26 	(4) a threat to safety of the right-of-way users or to individuals on adjacent public 
13.27 	property.
13.28 	The commissioner must notify the road authority as soon as it is known that a closure 
13.29 	will be ordered. The notice must state the reasons and duration of the closure.
13.30 	(g) A person may operate an all-terrain vehicle registered for private use and used 
13.31 	for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or 
13.32 	county highway in this state if the all-terrain vehicle is operated on the extreme right-hand 
13.33 	side of the road, and left turns may be made from any part of the road if it is safe to do so 
13.34 	under the prevailing conditions.
13.35 	(h) A person shall not operate an all-terrain vehicle within the public road 
13.36 	right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in 
14.1 	the agricultural zone unless the vehicle is being used exclusively as transportation to and 
14.2 	from work on agricultural lands. This paragraph does not apply to an agent or employee 
14.3 	of a road authority, as defined in section 160.02, subdivision 25, or the Department of 
14.4 	Natural Resources when performing or exercising official duties or powers.
14.5 	(i) A person shall not operate an all-terrain vehicle within the public road 
14.6 	right-of-way of a trunk, county state-aid, or county highway between the hours of one-half 
14.7 	hour after sunset to one-half hour before sunrise, except on the right-hand side of the 
14.8 	right-of-way and in the same direction as the highway traffic on the nearest lane of the 
14.9 	adjacent roadway.
14.10 	(j) A person shall not operate an all-terrain vehicle at any time within the 
14.11 	right-of-way of an interstate highway or freeway within this state.

14.12 	Sec. 24. Minnesota Statutes 2008, section 84.928, subdivision 5, is amended to read:
14.13 		Subd. 5.Organized contests, use of highways and public lands and waters. (a) 
14.14 	Nothing in this section or chapter 169 prohibits the use of all-terrain vehicles within the 
14.15 	right-of-way of a state trunk or county state-aid highway or upon public lands or waters 
14.16 	under the jurisdiction of the commissioner of natural resources, in an organized contest or 
14.17 	event, subject to the consent of the official or board having jurisdiction over the highway 
14.18 	or public lands or waters.
14.19 	(b) In permitting the contest or event, the official or board having jurisdiction may 
14.20 	prescribe restrictions or conditions as they may deem advisable.
14.21 	(c) Notwithstanding section 84.9256, subdivision 1, paragraph (b), a person under 
14.22 	12 years of age may operate an all-terrain vehicle in an organized contest on public lands 
14.23 	or waters, if the all-terrain vehicle has an engine capacity of 90cc or less, the person 
14.24 	complies with section 84.9256, subdivision 1, paragraph (h), and the person is supervised 
14.25 	by a person 18 years of age or older.

14.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

14.27 	Sec. 25. Minnesota Statutes 2008, section 84D.10, is amended by adding a subdivision 
14.28 	to read:
14.29 		Subd. 4.Persons leaving public waters. A person leaving waters of the state must 
14.30 	drain bait containers, other boating-related equipment holding water excluding marine 
14.31 	sanitary systems, and live wells and bilges by removing the drain plug before transporting 
14.32 	the watercraft and associated equipment on public roads. Drain plugs, bailers, valves, or 
14.33 	other devices used to control the draining of water from ballast tanks, bilges, and live 
15.1 	wells must be removed or opened while transporting watercraft on a public road. Marine 
15.2 	sanitary systems are excluded from this requirement.

15.3 	Sec. 26. Minnesota Statutes 2008, section 84D.13, subdivision 5, is amended to read:
15.4 		Subd. 5.Civil penalties. A civil citation issued under this section must impose 
15.5 	the following penalty amounts:
15.6 	(1) for transporting aquatic macrophytes on a forest road as defined by section 
15.7 	89.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or 
15.8 	any other public road, $50;  
15.9 	(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or 
15.10 	aquatic plant harvesting equipment that has aquatic macrophytes attached, $100;
15.11 	(3) for unlawfully possessing or transporting a prohibited invasive species other 
15.12 	than an aquatic macrophyte, $250;
15.13 	(4) for placing or attempting to place into waters of the state a watercraft, a trailer, or 
15.14 	aquatic plant harvesting equipment that has prohibited invasive species attached when 
15.15 	the waters are not designated by the commissioner as being infested with that invasive 
15.16 	species, $500 for the first offense and $1,000 for each subsequent offense;
15.17 	(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as 
15.18 	prescribed by rule, Eurasian water milfoil, $100;
15.19 	(6) for failing to drain water, as required by rule, from watercraft and equipment 
15.20 	before leaving designated zebra mussel, spiny water flea, or other invasive plankton 
15.21 	infested waters of the state, $50; and
15.22 	(7) for transporting infested water off riparian property without a permit as required 
15.23 	by rule, $200.

15.24 	Sec. 27. Minnesota Statutes 2009 Supplement, section 85.015, subdivision 13, is 
15.25 	amended to read:
15.26 		Subd. 13.Arrowhead Region Trails, in Cook, Lake, St. Louis, Pine, Carlton, 
15.27 	Koochiching, and Itasca Counties. (a)(1) The Taconite Trail shall originate at Ely in St. 
15.28 	Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to 
15.29 	McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in 
15.30 	Itasca County and there terminate;
15.31 	(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County 
15.32 	and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand 
15.33 	Marais in Cook County, thence northeasterly to the international boundary in the vicinity 
15.34 	of the north shore of Lake Superior, and there terminate;
16.1 	(3) The Grand Marais to International Falls Trail shall originate in Grand Marais 
16.2 	in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area, 
16.3 	to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to 
16.4 	Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St. 
16.5 	Louis County to International Falls in Koochiching County, and there terminate;
16.6 	(4) The Minnesota-Wisconsin Boundary Trail shall originate in Duluth in St. Louis 
16.7 	County and extend southerly to St. Croix State Forest in Pine County.
16.8 	(b) The trails shall be developed primarily for riding and hiking.
16.9 	(c) In addition to the authority granted in subdivision 1, lands and interests in lands 
16.10 	for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring 
16.11 	any land or interest in land by eminent domain the commissioner of administration shall 
16.12 	obtain the approval of the governor. The governor shall consult with the Legislative 
16.13 	Advisory Commission before granting approval. Recommendations of the Legislative 
16.14 	Advisory Commission shall be advisory only. Failure or refusal of the commission to 
16.15 	make a recommendation shall be deemed a negative recommendation.

16.16 	Sec. 28. Minnesota Statutes 2008, section 85.015, subdivision 14, is amended to read:
16.17 		Subd. 14.Willard Munger Trail System, Chisago, Ramsey, Pine, St. Louis, 
16.18 	Carlton, and Washington Counties. (a) The trail shall consist of six segments. One 
16.19 	segment shall be known as the Gateway Trail and shall originate at the State Capitol 
16.20 	and extend northerly and northeasterly to William O'Brien State Park, thence northerly 
16.21 	to Taylors Falls in Chisago County. One segment shall be known as the Boundary Trail 
16.22 	and shall originate in Chisago County and extend into Duluth in St. Louis Hinckley and 
16.23 	Pine County. One segment shall be known as the Browns Creek Trail and shall originate 
16.24 	at Duluth Junction and extend into Stillwater in Washington County. One segment shall 
16.25 	be known as the Munger Trail and shall originate at Hinckley in Pine County and extend 
16.26 	through Moose Lake in Carlton County to Duluth in St. Louis County. One segment shall 
16.27 	be known as the Alex Laveau Trail and shall originate in Carlton County at Carlton and 
16.28 	extend through Wrenshall to the Minnesota-Wisconsin border. One segment shall be 
16.29 	established that extends the trail to include the cities of Proctor, Duluth, and Hermantown 
16.30 	in St. Louis County.
16.31 	(b) The Gateway and Browns Creek Trails shall be developed primarily for hiking 
16.32 	and nonmotorized riding and the remaining trails shall be developed primarily for riding 
16.33 	and hiking.
16.34 	(c) In addition to the authority granted in subdivision 1, lands and interests in lands 
16.35 	for the Gateway and Browns Creek Trails may be acquired by eminent domain.

17.1 	Sec. 29. Minnesota Statutes 2008, section 85.052, subdivision 4, is amended to read:
17.2 		Subd. 4.Deposit of fees. (a) Fees paid for providing contracted products and 
17.3 	services within a state park, state recreation area, or wayside, and for special state park 
17.4 	uses under this section shall be deposited in the natural resources fund and credited to a 
17.5 	state parks account.
17.6 	(b) Gross receipts derived from sales, rentals, or leases of natural resources within 
17.7 	state parks, recreation areas, and waysides, other than those on trust fund lands, must be 
17.8 	deposited in the state treasury and credited to the general fund state parks working capital 
17.9 	account.
17.10 	(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile 
17.11 	materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle 
17.12 	Recreation Area shall be deposited in the dedicated accounts in the natural resources fund 
17.13 	from which the purchase of the stockpile material was made.

17.14 	Sec. 30. Minnesota Statutes 2009 Supplement, section 85.053, subdivision 10, is 
17.15 	amended to read:
17.16 		Subd. 10.Free entrance; totally and permanently disabled veterans. The 
17.17 	commissioner shall issue an annual park permit for no charge to any veteran with a total 
17.18 	and permanent service-connected disability, and a daily park permit to any resident 
17.19 	veteran with any level of service-connected disability, as determined by the United States 
17.20 	Department of Veterans Affairs, who presents each year a copy of their the veteran's
17.21 	determination letter to a park attendant or commissioner's designee. For the purposes of 
17.22 	this section, "veteran" has the meaning given in section 197.447.

17.23 	EFFECTIVE DATE. This section is effective July 1, 2010.

17.24 	Sec. 31. Minnesota Statutes 2008, section 85.22, subdivision 5, is amended to read:
17.25 		Subd. 5.Exemption. Purchases for resale or rental made from the state parks 
17.26 	working capital fund account are exempt from competitive bidding, notwithstanding 
17.27 	chapter 16C.

17.28 	Sec. 32. Minnesota Statutes 2008, section 85.32, subdivision 1, is amended to read:
17.29 		Subdivision 1.Areas marked. The commissioner of natural resources is authorized 
17.30 	in cooperation with local units of government and private individuals and groups when 
17.31 	feasible to mark canoe and boating routes state water trails on the Little Fork, Big Fork, 
17.32 	Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, 
17.33 	Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre 
18.1 	within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in 
18.2 	Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North, 
18.3 	Sauk, Otter Tail, Redwood, Blue Earth, and Crow Rivers which have historic and scenic 
18.4 	values and to mark appropriately points of interest, portages, camp sites, and all dams, 
18.5 	rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoe, 
18.6 	kayak, and watercraft travelers.

18.7 	Sec. 33. Minnesota Statutes 2008, section 85.41, subdivision 3, is amended to read:
18.8 		Subd. 3.Exemptions. (a) Participants in cross-country ski races and official school 
18.9 	activities and residents of a state or local government operated correctional facility are 
18.10 	exempt from the pass requirement in subdivision 1 if a special use permit has been 
18.11 	obtained by the organizers of the event or those in an official capacity in advance from the 
18.12 	agency with jurisdiction over the cross-country ski trail. Permits shall require that permit 
18.13 	holders return the trail and any associated facility to its original condition if any damage 
18.14 	is done by the permittee. Limited permits for special events may be issued and shall 
18.15 	require the removal of any trail markers, banners, and other material used in connection 
18.16 	with the special event.
18.17 	(b) Unless otherwise exempted under paragraph (a), students, teachers, and 
18.18 	supervising adults engaged in school-sanctioned activities or other youth activities 
18.19 	sponsored by a nonprofit organization are exempt from the pass requirements in 
18.20 	subdivision 1.

18.21 	Sec. 34. Minnesota Statutes 2008, section 85.42, is amended to read:
18.22 	85.42 USER FEE; VALIDITY.
18.23 	(a) The fee for an annual cross-country ski pass is $14 $19 for an individual age 16 
18.24 	and over. The fee for a three-year pass is $39 $54 for an individual age 16 and over. This 
18.25 	fee shall be collected at the time the pass is purchased. Three-year passes are valid for 
18.26 	three years beginning the previous July 1. Annual passes are valid for one year beginning 
18.27 	the previous July 1.
18.28 	(b) The cost for a daily cross-country skier pass is $4 $5 for an individual age 16 and 
18.29 	over. This fee shall be collected at the time the pass is purchased. The daily pass is valid 
18.30 	only for the date designated on the pass form.
18.31 	(c) A pass must be signed by the skier across the front of the pass to be valid and 
18.32 	becomes nontransferable on signing.

19.1 	Sec. 35. Minnesota Statutes 2008, section 85.43, is amended to read:
19.2 	85.43 DISPOSITION OF RECEIPTS; PURPOSE.
19.3 	(a) Fees from cross-country ski passes shall be deposited in the state treasury and 
19.4 	credited to a cross-country ski account in the natural resources fund and, except for the 
19.5 	electronic licensing system commission established by the commissioner under section 
19.6 	84.027, subdivision 15, are appropriated to the commissioner of natural resources for 
19.7 	the following purposes:
19.8 	(1) grants-in-aid for cross-country ski trails sponsored by local units of government
19.9 	to:
19.10 	(i) counties and municipalities for construction and maintenance of cross-country 
19.11 	ski trails; and
19.12 	(ii) special park districts as provided in section 85.44 for construction and 
19.13 	maintenance of cross-country ski trails; and
19.14 	(2) administration of the cross-country ski trail grant-in-aid program.
19.15 	(b) Development and maintenance of state cross-country ski trails are eligible for 
19.16 	funding from the cross-country ski account if the money is appropriated by law.

19.17 	Sec. 36. Minnesota Statutes 2008, section 85.46, as amended by Laws 2009, chapter 
19.18 	37, article 1, sections 22 to 24, is amended to read:
19.19 	85.46 HORSE TRAIL PASS.
19.20 		Subdivision 1.Pass in possession. (a) Except as provided in paragraph (b), while 
19.21 	riding, leading, or driving a horse on horse trails and associated day use areas on state 
19.22 	trails, in state parks, in state recreation areas, and in state forests, a person 16 years of 
19.23 	age or over shall carry in immediate possession a valid horse trail pass. The pass must 
19.24 	be available for inspection by a peace officer, a conservation officer, or an employee 
19.25 	designated under section 84.0835.
19.26 	(b) A valid horse trail pass is not required under this section for a person riding, 
19.27 	leading, or driving a horse only on the portion of a horse trailproperty that is owned by 
19.28 	the person or the person's spouse, child, parent, or guardian.
19.29 		Subd. 2.License agents. (a) The commissioner of natural resources may appoint 
19.30 	agents to issue and sell horse trail passes. The commissioner may revoke the appointment 
19.31 	of an agent at any time.
19.32 	(b) The commissioner may adopt additional rules as provided in section 97A.485, 
19.33 	subdivision 11. An agent shall observe all rules adopted by the commissioner for the 
19.34 	accounting and handling of passes according to section 97A.485, subdivision 11.
20.1 	(c) An agent must promptly deposit and remit all money received from the sale of 
20.2 	passes, except issuing fees, to the commissioner.
20.3 		Subd. 3.Issuance. The commissioner of natural resources and agents shall issue 
20.4 	and sell horse trail passes. The pass shall include the applicant's signature and other 
20.5 	information deemed necessary by the commissioner. To be valid, a daily or annual pass 
20.6 	must be signed by the person riding, leading, or driving the horse, and a commercial 
20.7 	annual pass must be signed by the owner of the commercial trail riding facility.
20.8 		Subd. 4.Pass fees. (a) The fee for an annual horse trail pass is $20 for an individual 
20.9 	16 years of age and over. The fee shall be collected at the time the pass is purchased. 
20.10 	Annual passes are valid for one year beginning January 1 and ending December 31.
20.11 	(b) The fee for a daily horse trail pass is $4 for an individual 16 years of age and 
20.12 	over. The fee shall be collected at the time the pass is purchased. The daily pass is valid 
20.13 	only for the date designated on the pass form.
20.14 	(c) The fee for a commercial annual horse trail pass is $200 and includes issuance 
20.15 	of 15 passes. Additional or individual commercial annual horse trail passes may be 
20.16 	purchased by the commercial trail riding facility owner at a fee of $20 each. Commercial 
20.17 	annual horse trail passes are valid for one year beginning January 1 and ending December 
20.18 	31 and may be affixed to the horse tack, saddle, or person. Commercial annual horse trail
20.19 	passes are not transferable to another commercial trail riding facility. For the purposes of 
20.20 	this section, a "commercial trail riding facility" is an operation where horses are used for 
20.21 	riding instruction or other equestrian activities for hire or use by others.
20.22 		Subd. 5.Issuing fee. In addition to the fee for a horse trail pass, an issuing fee of 
20.23 	$1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass. 
20.24 	Issuing fees for passes sold by the commissioner of natural resources shall be deposited 
20.25 	in the state treasury and credited to the horse trailpass account in the natural resources 
20.26 	fund and are appropriated to the commissioner for the operation of the electronic licensing 
20.27 	system. A pass shall indicate the amount of the fee that is retained by the seller.
20.28 		Subd. 6.Disposition of receipts. Fees collected under this section, except for 
20.29 	the issuing fee, shall be deposited in the state treasury and credited to the horse trail
20.30 	pass account in the natural resources fund. Except for the electronic licensing system 
20.31 	commission established by the commissioner under section 84.027, subdivision 15, the 
20.32 	fees are appropriated to the commissioner of natural resources for trail acquisition, trail and 
20.33 	facility development, and maintenance, enforcement, and rehabilitation of horse trails or 
20.34 	trails authorized for horse use, whether for riding, leading, or driving, on state trails and in 
20.35 	state parks, state recreation areas, and state forests land administered by the commissioner.
21.1 		Subd. 7.Duplicate horse trail passes. The commissioner of natural resources and 
21.2 	agents shall issue a duplicate pass to a person or commercial trail riding facility owner 
21.3 	whose pass is lost or destroyed using the process established under section 97A.405, 
21.4 	subdivision 3, and rules adopted thereunder. The fee for a duplicate horse trail pass is $2, 
21.5 	with an issuing fee of 50 cents.

21.6 	Sec. 37. Minnesota Statutes 2009 Supplement, section 86A.09, subdivision 1, is 
21.7 	amended to read:
21.8 		Subdivision 1.Master plan required. No construction of new facilities or other 
21.9 	development of an authorized unit, other than repairs and maintenance, shall commence 
21.10 	until the managing agency has prepared and submitted to the commissioner of natural 
21.11 	resources and the commissioner has reviewed, pursuant to this section, a master plan for 
21.12 	administration of the unit in conformity with this section. No master plan is required for 
21.13 	wildlife management areas that do not have resident managers, for scientific and natural 
21.14 	areas, for water access sites, for aquatic management areas, for rest areas, or for boater 
21.15 	waysides.

21.16 	Sec. 38. Minnesota Statutes 2008, section 86B.301, subdivision 2, is amended to read:
21.17 		Subd. 2.Exemptions. A watercraft license is not required for:
21.18 	(1) a watercraft that is covered by a license or number in full force and effect under 
21.19 	federal law or a federally approved licensing or numbering system of another state, and 
21.20 	has not been within this state for more than 90 consecutive days, which does not include 
21.21 	days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior 
21.22 	port or another port in the state;
21.23 	(2) a watercraft from a country other than the United States that has not been 
21.24 	within this state for more than 90 consecutive days, which does not include days that a 
21.25 	watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another 
21.26 	port in the state;
21.27 	(3) a watercraft owned by the United States, an Indian tribal government, a state, or 
21.28 	a political subdivision of a state, except watercraft used for recreational purposes;
21.29 	(4) a ship's lifeboat;
21.30 	(5) a watercraft that has been issued a valid marine document by the United States 
21.31 	government;
21.32 	(6) a duck boat during duck hunting season;
21.33 	(7) a rice boat during the harvest season;
21.34 	(8) a seaplane; and
22.1 	(9) a nonmotorized watercraft nine feet in length or less.

22.2 	EFFECTIVE DATE. This section is effective upon the state receiving written 
22.3 	approval from the United States Coast Guard, as provided in United States Code, title 46, 
22.4 	section 12303, and Code of Federal Regulations, title 33, section 174.7.

22.5 	Sec. 39. Minnesota Statutes 2008, section 88.17, subdivision 1, is amended to read:
22.6 		Subdivision 1.Permit Permission required. (a) A permit Permission to start a fire 
22.7 	to burn vegetative materials and other materials allowed by Minnesota Statutes or official 
22.8 	state rules and regulations may be given by the commissioner or the commissioner's agent. 
22.9 	This permission shall be in the form of:
22.10 	(1) a written permit issued by a forest officer, fire warden, or other person authorized 
22.11 	by the commissioner; or
22.12 	(2) an electronic permit issued by the commissioner, an agent authorized by the 
22.13 	commissioner, or an Internet site authorized by the commissioner; or
22.14 	(3) a general permit adopted by the county board of commissioners according to 
22.15 	paragraph (c).
22.16 	(b) Written and electronic burning permits shall set the time and conditions by which 
22.17 	the fire may be started and burned. The permit shall also specifically list the materials that 
22.18 	may be burned. The permittee must have the permit on their person and shall produce 
22.19 	the permit for inspection when requested to do so by a forest officer, conservation officer, 
22.20 	or other peace officer. The permittee shall remain with the fire at all times and before 
22.21 	leaving the site shall completely extinguish the fire. A person shall not start or cause a 
22.22 	fire to be started on any land that is not owned or under their legal control without the 
22.23 	written permission of the owner, lessee, or an agent of the owner or lessee of the land. 
22.24 	Violating or exceeding the permit conditions shall constitute a misdemeanor and shall be 
22.25 	cause for the permit to be revoked.
22.26 	(c) A general burning permit may be adopted by the county board of commissioners 
22.27 	in counties that are determined by the commissioner either to not be wildfire areas as 
22.28 	defined in section 88.01, subdivision 6, or to otherwise have low potential for damage 
22.29 	to life and property from wildfire. The commissioner shall consider the history of and 
22.30 	potential for wildfire; the distribution of trees, brush, grasslands, and other vegetative 
22.31 	material; and the distribution of property subject to damage from escaped fires. Upon a 
22.32 	determination by the commissioner and adoption by a vote of the county board, permission 
22.33 	for open burning is extended to all residents in the county without the need for individual 
22.34 	written or electronic permits, provided burning conforms to all other provisions of this 
23.1 	chapter, including those related to responsibility to control and extinguish fires, no burning 
23.2 	of prohibited materials, and liability for damages caused by violations of this chapter.
23.3 	(d) Upon adoption of a general burning permit, a county must establish specific 
23.4 	regulations by ordinance, to include at a minimum the time when and conditions under 
23.5 	which fires may be started and burned. No ordinance may be less restrictive than state law.
23.6 	(e) At any time when the commissioner or the county board determines that a general 
23.7 	burning permit is no longer in the public interest, the general permit may be canceled by 
23.8 	mutual agreement of the commissioner and the county board.

23.9 	Sec. 40. Minnesota Statutes 2008, section 88.17, subdivision 3, is amended to read:
23.10 		Subd. 3.Special permits. The following special permits are required at all times, 
23.11 	including when the ground is snow-covered:
23.12 	(a)  Fire training. A permit to start a fire for the instruction and training of 
23.13 	firefighters, including liquid fuels training, may be given by the commissioner or agent of 
23.14 	the commissioner. Except for owners or operators conducting fire training in specialized 
23.15 	industrial settings pursuant to applicable federal, state, or local standards, owners 
23.16 	or operators conducting open burning for the purpose of instruction and training of 
23.17 	firefighters with regard to structures must follow the techniques described in a document 
23.18 	entitled: Structural Burn Training Procedures for the Minnesota Technical College System. 
23.19 	(b)  Permanent tree and brush open burning sites. A permit for the operation of 
23.20 	a permanent tree and brush burning site may be given by the commissioner or agent of 
23.21 	the commissioner. Applicants for a permanent open burning site permit shall submit a 
23.22 	complete application on a form provided by the commissioner. Existing permanent tree 
23.23 	and brush open burning sites must submit for a permit within 90 days of the passage of 
23.24 	this statute for a burning permit. New site applications must be submitted at least 90 
23.25 	days before the date of the proposed operation of the permanent open burning site. The 
23.26 	application must be submitted to the commissioner and must contain: 
23.27 	(1) the name, address, and telephone number of all owners of the site proposed for 
23.28 	use as the permanent open burning site;
23.29 	(2) if the operator for the proposed permanent open burning site is different from the 
23.30 	owner, the name, address, and telephone number of the operator;
23.31 	(3) a general description of the materials to be burned, including the source and 
23.32 	estimated quantity, dimensions of the site and burn pile areas, hours and dates of operation, 
23.33 	and provisions for smoke management; and
24.1 	(4) a topographic or similarly detailed map of the site and surrounding area within 
24.2 	a one mile circumference showing all structures that might be affected by the operation 
24.3 	of the site.
24.4 	Only trees, tree trimmings, or brush that cannot be disposed of by an alternative 
24.5 	method such as chipping, composting, or other method shall be permitted to be burned 
24.6 	at a permanent open burning site. A permanent tree and brush open burning site must 
24.7 	be located and operated so as not to create a nuisance or endanger water quality. The 
24.8 	commissioner shall revoke the permit or order actions to mitigate threats to public health, 
24.9 	safety, and the environment in the event that permit conditions are violated.

24.10 	Sec. 41. Minnesota Statutes 2008, section 88.79, subdivision 2, is amended to read:
24.11 		Subd. 2.Charge for service; receipts to special revenue fund. Notwithstanding 
24.12 	section 16A.1283, the commissioner of natural resources may charge the owner, by written 
24.13 	order published in the State Register, establish fees the commissioner determines to be 
24.14 	fair and reasonable that are charged to owners receiving such services such sums as the 
24.15 	commissioner shall determine to be fair and reasonable under subdivision 1. The charges 
24.16 	must account for differences in the value of timber and other benefits. The receipts from 
24.17 	such services shall be credited to the special revenue fund and are annually appropriated to 
24.18 	the commissioner for the purposes specified in subdivision 1.

24.19 	Sec. 42. Minnesota Statutes 2008, section 89.17, is amended to read:
24.20 	89.17 LEASES AND PERMITS.
24.21 	Notwithstanding the permit procedures of chapter 90, the commissioner shall have 
24.22 	power to grant and execute, in the name of the state, leases and permits for the use of 
24.23 	any forest lands under the authority of the commissioner for any purpose which in the 
24.24 	commissioner's opinion is not inconsistent with the maintenance and management of the 
24.25 	forest lands, on forestry principles for timber production. Every such lease or permit shall 
24.26 	be revocable at the discretion of the commissioner at any time subject to such conditions 
24.27 	as may be agreed on in the lease. The approval of the commissioner of administration 
24.28 	shall not be required upon any such lease or permit. No such lease or permit for a period 
24.29 	exceeding ten 50 years shall be granted except with the approval of the Executive Council.
24.30 	Hunting of wild game is prohibited on any land which has been posted by the lessee 
24.31 	to prohibit hunting. Such prohibition shall apply to all persons including the lessee Public 
24.32 	access to the leased land for outdoor recreation shall be the same as access would be 
24.33 	under state management.

25.1 	Sec. 43. Minnesota Statutes 2008, section 90.041, is amended by adding a subdivision 
25.2 	to read:
25.3 		Subd. 9.Reoffering unsold timber. To maintain and enhance forest ecosystems on 
25.4 	state forest lands, the commissioner may reoffer timber tracts remaining unsold under the 
25.5 	provisions of section 90.101 below appraised value at public auction with the required 
25.6 	30-day notice under section 90.101, subdivision 2.

25.7 	Sec. 44. Minnesota Statutes 2008, section 90.121, is amended to read:
25.8 	90.121 INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF 3,000 
25.9 	CORDS.
25.10 	(a) The commissioner may sell the timber on any tract of state land in lots not 
25.11 	exceeding 3,000 cords in volume, in the same manner as timber sold at public auction 
25.12 	under section 90.101, and related laws, subject to the following special exceptions and 
25.13 	limitations:
25.14 	(1) the commissioner shall offer all tracts authorized for sale by this section 
25.15 	separately from the sale of tracts of state timber made pursuant to section 90.101;
25.16 	(2) no bidder may be awarded more than 25 percent of the total tracts offered at the 
25.17 	first round of bidding unless fewer than four tracts are offered, in which case not more 
25.18 	than one tract shall be awarded to one bidder. Any tract not sold at public auction may be 
25.19 	offered for private sale as authorized by section 90.101, subdivision 1, to persons eligible 
25.20 	under this section at the appraised value; and
25.21 	(3) no sale may be made to a person having more than 20 30 employees. For the 
25.22 	purposes of this clause, "employee" means an individual working in the timber or wood 
25.23 	products industry for salary or wages on a full-time or part-time basis.
25.24 	(b) The auction sale procedure set forth in this section constitutes an additional 
25.25 	alternative timber sale procedure available to the commissioner and is not intended to 
25.26 	replace other authority possessed by the commissioner to sell timber in lots of 3,000 
25.27 	cords or less.
25.28 	(c) Another bidder or the commissioner may request that the number of employees a 
25.29 	bidder has pursuant to paragraph (a), clause (3), be confirmed if there is evidence that the 
25.30 	bidder may be ineligible due to exceeding the employee threshold. The commissioner 
25.31 	shall request information from the commissioners of labor and industry and employment 
25.32 	and economic development including the premiums paid by the bidder in question 
25.33 	for workers' compensation insurance coverage for all employees of the bidder. The 
25.34 	commissioner shall review the information submitted by the commissioners of labor and 
25.35 	industry and employment and economic development and make a determination based on 
26.1 	that information as to whether the bidder is eligible. A bidder is considered eligible and 
26.2 	may participate in intermediate auctions until determined ineligible under this paragraph.

26.3 	EFFECTIVE DATE. This section is effective retroactively from July 1, 2006.

26.4 	Sec. 45. Minnesota Statutes 2008, section 90.14, is amended to read:
26.5 	90.14 AUCTION SALE PROCEDURE.
26.6 	(a) All state timber shall be offered and sold by the same unit of measurement as it 
26.7 	was appraised. No tract shall be sold to any person other than the purchaser in whose name 
26.8 	the bid was made. The commissioner may refuse to approve any and all bids received and 
26.9 	cancel a sale of state timber for good and sufficient reasons.
26.10 	(b) The purchaser at any sale of timber shall, immediately upon the approval of the 
26.11 	bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under 
26.12 	section 90.101, subdivision 1, pay to the commissioner a down payment of 15 percent 
26.13 	of the appraised value. In case any purchaser fails to make such payment, the purchaser 
26.14 	shall be liable therefor to the state in a civil action, and the commissioner may reoffer the 
26.15 	timber for sale as though no bid or sale under section 90.101, subdivision 1, therefor 
26.16 	had been made.
26.17 	(c) In lieu of the scaling of state timber required by this chapter, a purchaser of 
26.18 	state timber may, at the time of payment by the purchaser to the commissioner of 15 
26.19 	percent of the appraised value, elect in writing on a form prescribed by the attorney 
26.20 	general to purchase a permit based solely on the appraiser's estimate of the volume of 
26.21 	timber described in the permit, provided that the commissioner has expressly designated 
26.22 	the availability of such option for that tract on the list of tracts available for sale as 
26.23 	required under section 90.101. A purchaser who elects in writing on a form prescribed 
26.24 	by the attorney general to purchase a permit based solely on the appraiser's estimate of 
26.25 	the volume of timber described on the permit does not have recourse to the provisions 
26.26 	of section 90.281.
26.27 	(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall 
26.28 	be awarded to the high bidder, who shall pay to the commissioner a down payment of 15 
26.29 	percent of the appraised value within ten business days of receiving a written award 
26.30 	notice that must be received or postmarked within 14 days of the date of the sealed bid 
26.31 	opening. If a purchaser fails to make the down payment, the purchaser is liable for the 
26.32 	down payment to the state and the commissioner may offer the timber for sale to the next 
26.33 	highest bidder as though no higher bid had been made.
27.1 	(e) Except as otherwise provided by law, at the time the purchaser signs a permit 
27.2 	issued under section 90.151, the commissioner shall require the purchaser shallto make 
27.3 	a bid guarantee payment to the commissioner in an amount equal to 15 percent of the 
27.4 	total purchase price of the permit less the down payment amount required by paragraph 
27.5 	(b) for any bid increase in excess of $5,000 of the appraised value. If thea required bid 
27.6 	guarantee payment is not submitted with the signed permit, no harvesting may occur, the 
27.7 	permit cancels, and the down payment for timber forfeits to the state. The bid guarantee 
27.8 	payment forfeits to the state if the purchaser and successors in interest fail to execute 
27.9 	an effective permit.

27.10 	Sec. 46. [97A.072] PEACE OFFICER TRAINING ACCOUNT.
27.11 		Subdivision 1.Account established; sources. The peace officer training account is 
27.12 	created in the game and fish fund in the state treasury. Revenue from the portion of the 
27.13 	surcharges assessed to criminal and traffic offenders in section 357.021, subdivision 7, 
27.14 	clause (1), shall be deposited in the account and is appropriated to the commissioner. 
27.15 	Money in the account may be spent only for the purposes provided in subdivision 2.
27.16 		Subd. 2.Purposes of account. Money in the peace officer training account 
27.17 	may only be spent by the commissioner for peace officer training for employees of the 
27.18 	Department of Natural Resources who are licensed under sections 626.84 to 626.863 
27.19 	to enforce game and fish laws.

27.20 	Sec. 47. Minnesota Statutes 2008, section 103A.305, is amended to read:
27.21 	103A.305 JURISDICTION.
27.22 	Sections 103A.301 to 103A.341 apply if the decision of an agency in a proceeding 
27.23 	involves a question of water policy in one or more of the areas of water conservation, water 
27.24 	pollution, preservation and management of wildlife, drainage, soil conservation, public 
27.25 	recreation, forest management, and municipal planning under section 97A.135; 103A.411; 
27.26 	103E.011; 103E.015; 103G.245; 103G.261; 103G.271; 103G.275; 103G.281; 103G.295, 
27.27 	subdivisions 1 and 2;103G.287; 103G.297 to 103G.311; 103G.315, subdivisions 1, 10, 
27.28 	11, and 12; 103G.401; 103G.405; 103I.681, subdivision 1; 115.04; or 115.05.  

27.29 	Sec. 48. Minnesota Statutes 2008, section 103F.325, is amended by adding a 
27.30 	subdivision to read:
27.31 		Subd. 6.District boundary adjustments. (a) Notwithstanding subdivision 1, the 
27.32 	commissioner may, by written order, amend the boundary of the designated area according 
27.33 	to this subdivision. At least 30 days prior to issuing the order, the commissioner must 
28.1 	give notice of the proposed boundary amendment to the local governmental unit and 
28.2 	property owners in the designated area directly affected by the amendment and publish 
28.3 	notice in an official newspaper of general circulation in the county. The commissioner 
28.4 	must consider comments received on the proposed boundary amendment and must make 
28.5 	findings and issue a written order. The findings must address the consistency of the 
28.6 	proposed amendment with the values for which the river was included in the system, and 
28.7 	potential impacts to the scenic, recreational, natural, historical, and scientific values of the 
28.8 	land and water within the designated area.
28.9 	(b) The commissioner's order is effective 30 days after issuing the order. Before 
28.10 	the effective date, a local unit of government with jurisdiction in the affected area may 
28.11 	contest the order under chapter 14.
28.12 	(c) Boundary amendments under this subdivision remain subject to the acreage 
28.13 	limitations in this section.

28.14 	Sec. 49. Minnesota Statutes 2008, section 103F.335, subdivision 1, is amended to read:
28.15 		Subdivision 1.Compliance of ordinances with system. (a) Within six months after 
28.16 	establishment of a wild, scenic, or recreational river system, or within six months after 
28.17 	revision of the management plan, each local governmental unit with jurisdiction over a 
28.18 	portion of the system shall adopt or amend its ordinances and land use district maps 
28.19 	to the extent necessary to substantially comply with the standards and criteria of the 
28.20 	commissioner and the management plan.
28.21 	(b) If a local government fails to adopt adequatesubstantially compliant ordinances, 
28.22 	maps, or amendments within six months, the commissioner shall adopt the ordinances, 
28.23 	maps, or amendments in the manner and with the effect specified in section 103F.215.  
28.24 	(c) The commissioner shall assist local governments in the preparation, 
28.25 	implementation, and enforcement of the ordinances.

28.26 	Sec. 50. Minnesota Statutes 2009 Supplement, section 103G.201, is amended to read:
28.27 	103G.201 PUBLIC WATERS INVENTORY.
28.28 	(a) The commissioner shall maintain a public waters inventory map of each county 
28.29 	that shows the waters of this state that are designated as public waters under the public 
28.30 	waters inventory and classification procedures prescribed under Laws 1979, chapter 
28.31 	199, and shall provide access to a copy of the maps and lists. As county public waters 
28.32 	inventory maps and lists are revised according to this section, the commissioner shall send 
28.33 	a notification or a copy of the maps and lists to the auditor of each affected county.
29.1 	(b) The commissioner is authorized to revise the listmap of public waters established 
29.2 	under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously 
29.3 	identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as 
29.4 	wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify 
29.5 	public waters wetlands as public waters if:
29.6 	(1) they are assigned a shoreland management classification by the commissioner 
29.7 	under sections 103F.201 to 103F.221;
29.8 	(2) they are classified as lacustrine wetlands or deepwater habitats according to 
29.9 	Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, 
29.10 	et al., 1979 edition); or
29.11 	(3) the state or federal government has become titleholder to any of the beds or 
29.12 	shores of the public waters wetlands, subsequent to the preparation of the public waters 
29.13 	inventory map filed with the auditor of the county, pursuant to paragraph (a), and the 
29.14 	responsible state or federal agency declares that the water is necessary for the purposes 
29.15 	of the public ownership.
29.16 	(c) The commissioner must provide notice of the reclassification to the local 
29.17 	government unit, the county board, the watershed district, if one exists for the area, and 
29.18 	the soil and water conservation district. Within 60 days of receiving notice from the 
29.19 	commissioner, a party required to receive the notice may provide a resolution stating 
29.20 	objections to the reclassification. If the commissioner receives an objection from a party 
29.21 	required to receive the notice, the reclassification is not effective. If the commissioner does 
29.22 	not receive an objection from a party required to receive the notice, the reclassification 
29.23 	of a wetland under paragraph (b) is effective 60 days after the notice is received by all 
29.24 	of the parties.
29.25 	(d) The commissioner shall give priority to the reclassification of public waters 
29.26 	wetlands that are or have the potential to be affected by public works projects.
29.27 	(e) The commissioner may revise the public waters inventory map and list of each 
29.28 	county:
29.29 	(1) to reflect the changes authorized in paragraph (b); and
29.30 	(2) as needed, to:
29.31 	(i) correct errors in the original inventory;
29.32 	(ii) add or subtract trout stream tributaries within sections that contain a designated 
29.33 	trout stream following written notice to the landowner;
29.34 	(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds 
29.35 	50 acres and the shoreland has been zoned for residential development; and
30.1 	(iv) add or subtract public waters that have been created or eliminated as a 
30.2 	requirement of a permit authorized by the commissioner under section 103G.245.

30.3 	Sec. 51. Minnesota Statutes 2008, section 103G.271, subdivision 3, is amended to read:
30.4 		Subd. 3.Permit restriction during summer months. The commissioner must not 
30.5 	modify or restrict the amount of appropriation from a groundwater source authorized in a 
30.6 	water use permit issued to irrigate agricultural land under section 103G.295, subdivision 
30.7 	2, between May 1 and October 1, unless the commissioner determines the authorized 
30.8 	amount of appropriation endangers a domestic water supply.  

30.9 	Sec. 52. [103G.282] MONITORING TO EVALUATE IMPACTS FROM 
30.10 	APPROPRIATIONS.
30.11 		Subdivision 1.Monitoring equipment. The commissioner may require the 
30.12 	installation and maintenance of monitoring equipment to evaluate water resource impacts 
30.13 	from permitted appropriations and proposed projects that require a permit. Monitoring for 
30.14 	water resources that supply more than one appropriator must be designed to minimize 
30.15 	costs to individual appropriators.
30.16 		Subd. 2.Measuring devices required. Monitoring installations required under 
30.17 	subdivision 1 must be equipped with automated measuring devices to measure water 
30.18 	levels, flows, or conditions. The commissioner may determine the frequency of 
30.19 	measurements and other measuring methods based on the quantity of water appropriated 
30.20 	or used, the source of water, potential connections to other water resources, the method 
30.21 	of appropriating or using water, seasonal and long-term changes in water levels, and any 
30.22 	other facts supplied to the commissioner.
30.23 		Subd. 3.Reports and costs. (a) Records of water measurements under subdivision 
30.24 	2 must be kept for each installation. The measurements must be reported annually to the 
30.25 	commissioner on or before February 15 of the following year in a format or on forms 
30.26 	prescribed by the commissioner.
30.27 	(b) The owner or person in charge of an installation for appropriating or using 
30.28 	waters of the state or a proposal that requires a permit is responsible for all costs related 
30.29 	to establishing and maintaining monitoring installations and to measuring and reporting 
30.30 	data. Monitoring costs for water resources that supply more than one appropriator may be 
30.31 	distributed among all users within a monitoring area determined by the commissioner and 
30.32 	assessed based on volumes of water appropriated and proximity to resources of concern.

30.33 	Sec. 53. Minnesota Statutes 2008, section 103G.285, subdivision 5, is amended to read:
31.1 		Subd. 5.Trout streams. Permits issued after June 3, 1977, to appropriate water 
31.2 	from streams designated trout streams by the commissioner's orders under section 97C.021
31.3 	97C.005 must be limited to temporary appropriations. 

31.4 	Sec. 54. [103G.287] GROUNDWATER APPROPRIATIONS.
31.5 		Subdivision 1.Applications for groundwater appropriations. (a) Groundwater 
31.6 	use permit applications are not complete until the applicant has supplied:
31.7 	(1) a water well record as required by section 103I.205, subdivision 9, information 
31.8 	on the subsurface geologic formations penetrated by the well and the formation or aquifer 
31.9 	that will serve as the water source, and geologic information from test holes drilled to 
31.10 	locate the site of the production well;
31.11 	(2) the maximum daily, seasonal, and annual pumpage rates and volumes being 
31.12 	requested;
31.13 	(3) information on groundwater quality in terms of the measures of quality 
31.14 	commonly specified for the proposed water use and details on water treatment necessary 
31.15 	for the proposed use;
31.16 	(4) an inventory of existing wells within 1-1/2 miles of the proposed production well 
31.17 	or within the area of influence, as determined by the commissioner. The inventory must 
31.18 	include information on well locations, depths, geologic formations, depth of the pump or 
31.19 	intake, pumping and nonpumping water levels, and details of well construction; and
31.20 	(5) the results of an aquifer test completed according to specifications approved by 
31.21 	the commissioner. The test must be conducted at the maximum pumping rate requested 
31.22 	in the application and for a length of time adequate to assess or predict impacts to other 
31.23 	wells and surface water and groundwater resources. The permit applicant is responsible 
31.24 	for all costs related to the aquifer test, including the construction of groundwater and 
31.25 	surface water monitoring installations, and water level readings before, during, and after 
31.26 	the aquifer test.
31.27 	(b) The commissioner may waive an application requirement in this subdivision 
31.28 	if the information provided with the application is adequate to determine whether the 
31.29 	proposed appropriation and use of water is sustainable and will protect ecosystems, water 
31.30 	quality, and the ability of future generations to meet their own needs.
31.31 		Subd. 2.Relationship to surface water resources. Groundwater appropriations 
31.32 	that have potential impacts to surface waters are subject to applicable provisions in 
31.33 	section 103G.285.
31.34 		Subd. 3.Protection of groundwater supplies. The commissioner may establish 
31.35 	water appropriation limits to protect groundwater resources. When establishing water 
32.1 	appropriation limits to protect groundwater resources, the commissioner must consider 
32.2 	the sustainability of the groundwater resource, including the current and projected water 
32.3 	levels, water quality, whether the use protects ecosystems, and the ability of future 
32.4 	generations to meet their own needs.
32.5 		Subd. 4.Groundwater management areas. The commissioner may designate 
32.6 	groundwater management areas and limit total annual water appropriations and uses within 
32.7 	a designated area to ensure sustainable use of groundwater that protects ecosystems, water 
32.8 	quality, and the ability of future generations to meet their own needs. Water appropriations 
32.9 	and uses within a designated management area must be consistent with a plan approved by 
32.10 	the commissioner that addresses water conservation requirements and water allocation 
32.11 	priorities established in section 103G.261.
32.12 		Subd. 5.Interference with other wells. The commissioner may issue water use 
32.13 	permits for appropriation from groundwater only if the commissioner determines that the 
32.14 	groundwater use is sustainable to supply the needs of future generations and the proposed 
32.15 	use will not harm ecosystems, degrade water, or reduce water levels beyond the reach 
32.16 	of public water supply and private domestic wells constructed according to Minnesota 
32.17 	Rules, chapter 4725.

32.18 	Sec. 55. Minnesota Statutes 2008, section 103G.301, subdivision 6, is amended to read:
32.19 		Subd. 6.Filing application. (a) An application for a permit must be filed with the 
32.20 	commissioner and if the proposed activity for which the permit is requested is within a 
32.21 	municipality, or is within or affects a watershed district or a soil and water conservation 
32.22 	district, a copy of the application with maps, plans, and specifications must be served on 
32.23 	the mayor of the municipality, the secretary of the board of managers of the watershed 
32.24 	district, and the secretary of the board of supervisors of the soil and water conservation 
32.25 	district.
32.26 	(b) If the application is required to be served on a local governmental unit under 
32.27 	this subdivision, proof of service must be included with the application and filed with 
32.28 	the commissioner.

32.29 	Sec. 56. Minnesota Statutes 2008, section 103G.305, subdivision 2, is amended to read:
32.30 		Subd. 2.Exception. The requirements of subdivision 1 do not apply to applications 
32.31 	for a water use permit for:
32.32 	(1) appropriations from waters of the state for irrigation, under section 103G.295;
32.33 	(2) appropriations for diversion from the basin of origin of more than 2,000,000 
32.34 	gallons per day average in a 30-day period; or
33.1 	(3) (2) appropriations with a consumptive use of more than 2,000,000 gallons per 
33.2 	day average for a 30-day period.

33.3 	Sec. 57. Minnesota Statutes 2008, section 103G.315, subdivision 11, is amended to 
33.4 	read:
33.5 		Subd. 11.Limitations on permits. (a) Except as otherwise expressly provided by 
33.6 	law, a permit issued by the commissioner under this chapter is subject to:
33.7 	(1) cancellation by the commissioner at any time if necessary to protect the public 
33.8 	interests;
33.9 	(2) further conditions on the term of the permit or its cancellation as the 
33.10 	commissioner may prescribe and amend and reissue the permit; and
33.11 	(3) applicable law existing before or after the issuance of the permit.
33.12 	(b) Permits issued to irrigate agricultural land under section 103G.295, or considered 
33.13 	issued, are subject to this subdivision and are subject to cancellation by the commissioner 
33.14 	upon the recommendation of the supervisors of the soil and water conservation district 
33.15 	where the land to be irrigated is located.  

33.16 	Sec. 58. Minnesota Statutes 2008, section 103G.515, subdivision 5, is amended to read:
33.17 		Subd. 5.Removal of hazardous dams. Notwithstanding any provision of 
33.18 	this section or of section 103G.511 relating to cost sharing or apportionment, the 
33.19 	commissioner, within the limits of legislative appropriation, may assume or pay the entire 
33.20 	cost of removal of a privately or publicly owned dam upon determining removal provides 
33.21 	the lowest cost solution and:
33.22 	(1) that continued existence of the structure presents a significant public safety 
33.23 	hazard, or prevents restoration of an important fisheries resource,; or 
33.24 	(2) that public or private property is being damaged due to partial failure of the 
33.25 	structure, and that an attempt to assess costs of removal against the private or public 
33.26 	owner would be of no avail.  

33.27 	Sec. 59. [103G.651] REMOVING SUNKEN LOGS FROM PUBLIC WATERS.
33.28 	The commissioner of natural resources must not issue leases to remove sunken logs 
33.29 	or issue permits for the removal of sunken logs from public waters.

33.30 	Sec. 60. Minnesota Statutes 2008, section 115.55, is amended by adding a subdivision 
33.31 	to read:
34.1 		Subd. 13.Subsurface sewage treatment systems implementation and 
34.2 	enforcement task force. (a) By September 1, 2010, the agency shall appoint a subsurface 
34.3 	sewage treatment systems implementation and enforcement task force in collaboration 
34.4 	with the Association of Minnesota Counties, Minnesota Association of Realtors, 
34.5 	Minnesota Association of County Planning and Zoning Administrators, and the Minnesota 
34.6 	Onsite Wastewater Association. The agency shall work in collaboration with the task 
34.7 	force to develop effective and timely implementation and enforcement methods in order to 
34.8 	rapidly reduce the number of subsurface sewage treatment systems that are an imminent 
34.9 	threat to public health or safety and effectively enforce all violations of the subsurface 
34.10 	sewage treatment system rules. The agency shall meet at least three times per year with 
34.11 	the task force to address implementation and enforcement issues. The meetings shall be 
34.12 	scheduled so that they do not interfere with the construction season.
34.13 	(b) The agency, in collaboration with the task force and in consultation with the 
34.14 	attorney general, county attorneys, and county planning and zoning staff, shall develop, 
34.15 	periodically update, and provide to counties enforcement protocols and a checklist that 
34.16 	county inspectors, field staff, and others may use when inspecting subsurface sewage 
34.17 	treatment systems and enforcing subsurface sewage treatment system rules.

34.18 	EFFECTIVE DATE. This section is effective the day following final enactment.

34.19 	Sec. 61. Minnesota Statutes 2008, section 116.07, subdivision 4, is amended to read:
34.20 		Subd. 4.Rules and standards. Pursuant and subject to the provisions of chapter 14, 
34.21 	and the provisions hereof, the Pollution Control Agency may adopt, amend and rescind 
34.22 	rules and standards having the force of law relating to any purpose within the provisions 
34.23 	of Laws 1967, chapter 882, for the prevention, abatement, or control of air pollution. 
34.24 	Any such rule or standard may be of general application throughout the state, or may be 
34.25 	limited as to times, places, circumstances, or conditions in order to make due allowance 
34.26 	for variations therein. Without limitation, rules or standards may relate to sources or 
34.27 	emissions of air contamination or air pollution, to the quality or composition of such 
34.28 	emissions, or to the quality of or composition of the ambient air or outdoor atmosphere or 
34.29 	to any other matter relevant to the prevention, abatement, or control of air pollution.
34.30 	Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the 
34.31 	Pollution Control Agency may adopt, amend, and rescind rules and standards having 
34.32 	the force of law relating to any purpose within the provisions of Laws 1969, chapter 
34.33 	1046, for the collection, transportation, storage, processing, and disposal of solid waste 
34.34 	and the prevention, abatement, or control of water, air, and land pollution which may be 
34.35 	related thereto, and the deposit in or on land of any other material that may tend to cause 
35.1 	pollution. The agency shall adopt such rules and standards for sewage sludge, addressing 
35.2 	the intrinsic suitability of land, the volume and rate of application of sewage sludge of 
35.3 	various degrees of intrinsic hazard, design of facilities, and operation of facilities and sites. 
35.4 	Any such rule or standard may be of general application throughout the state or may be 
35.5 	limited as to times, places, circumstances, or conditions in order to make due allowance 
35.6 	for variations therein. Without limitation, rules or standards may relate to collection, 
35.7 	transportation, processing, disposal, equipment, location, procedures, methods, systems 
35.8 	or techniques or to any other matter relevant to the prevention, abatement or control of 
35.9 	water, air, and land pollution which may be advised through the control of collection, 
35.10 	transportation, processing, and disposal of solid waste and sewage sludge, and the deposit 
35.11 	in or on land of any other material that may tend to cause pollution. By January 1, 1983, 
35.12 	the rules for the management of sewage sludge shall include an analysis of the sewage 
35.13 	sludge determined by the commissioner of agriculture to be necessary to meet the soil 
35.14 	amendment labeling requirements of section 18C.215. The rules for the disposal of 
35.15 	solid waste shall include site-specific criteria to prohibit solid waste disposal based on 
35.16 	the area's sensitivity to groundwater contamination, including site-specific testing. The 
35.17 	rules shall provide criteria to prohibit locating landfills based on a site's sensitivity to 
35.18 	groundwater contamination. Sensitivity to groundwater contamination is based on the 
35.19 	predicted minimum time of travel of groundwater contaminants from the solid waste to 
35.20 	the compliance boundary. The rules shall prohibit landfills in areas where karst is likely 
35.21 	to develop. The rules shall specify testable or otherwise objective thresholds for these 
35.22 	criteria. The rules shall also include modifications to financial assurance requirements 
35.23 	under subdivision 4h that ensure the state is protected from financial responsibility for 
35.24 	future groundwater contamination. The financial assurance and siting modifications to 
35.25 	the rules specified in this act do not apply to solid waste facilities initially permitted 
35.26 	before January 1, 2011, including future contiguous expansions and noncontiguous 
35.27 	expansions within 600 yards of a permitted boundary. The rule modification shall not 
35.28 	affect solid waste disposal facilities that accept only construction and demolition debris 
35.29 	and incidental nonrecyclable packaging, and facilities that accept only industrial waste 
35.30 	that is limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting 
35.31 	from the manufacture of construction materials. The rule amendment shall not require 
35.32 	new siting or financial assurance requirements for permit by rule solid waste disposal 
35.33 	facilities. The modifications to the financial assurance rules specified in this act must 
35.34 	require that a solid waste disposal facility subject to them maintain financial assurance 
35.35 	so long as the facility poses a potential environmental risk to human health, wildlife, or 
35.36 	the environment, as determined by the agency following an empirical assessment. Until 
36.1 	the rules are modified to include site-specific criteria to prohibit areas from solid waste 
36.2 	disposal due to groundwater contamination sensitivity, as required under this section, the 
36.3 	agency shall not issue a permit for a new solid waste disposal facility, except for:
36.4 	(1) the reissuance of a permit for a land disposal facility operating as of March 
36.5 	1, 2008;
36.6 	(2) a permit to expand a land disposal facility operating as of March 1, 2008, beyond 
36.7 	its permitted boundaries, including expansion on land that is not contiguous to, but is 
36.8 	located within 600 yards of, the land disposal facility's permitted boundaries;
36.9 	(3) a permit to modify the type of waste accepted at a land disposal facility operating 
36.10 	as of March 1, 2008;
36.11 	(4) a permit to locate a disposal facility that accepts only construction debris as 
36.12 	defined in section 115A.03, subdivision 7; 
36.13 	(5) a permit to locate a disposal facility that: 
36.14 	(i) accepts boiler ash from an electric energy power plant that has wet scrubbed units 
36.15 	or has units that have been converted from wet scrubbed units to dry scrubbed units as 
36.16 	those terms are defined in section 216B.68; 
36.17 	(ii) is on land that was owned on May 1, 2008, by the utility operating the electric 
36.18 	energy power plant; and
36.19 	(iii) is located within three miles of the existing ash disposal facility for the power 
36.20 	plant; or
36.21 	(6) a permit to locate a new solid waste disposal facility for ferrous metallic minerals 
36.22 	regulated under Minnesota Rules, chapter 6130, or for nonferrous metallic minerals 
36.23 	regulated under Minnesota Rules, chapter 6132.
36.24 	Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the 
36.25 	Pollution Control Agency may adopt, amend and rescind rules and standards having the 
36.26 	force of law relating to any purpose within the provisions of Laws 1971, chapter 727, for 
36.27 	the prevention, abatement, or control of noise pollution. Any such rule or standard may 
36.28 	be of general application throughout the state, or may be limited as to times, places, 
36.29 	circumstances or conditions in order to make due allowances for variations therein. 
36.30 	Without limitation, rules or standards may relate to sources or emissions of noise or noise 
36.31 	pollution, to the quality or composition of noises in the natural environment, or to any 
36.32 	other matter relevant to the prevention, abatement, or control of noise pollution.
36.33 	As to any matters subject to this chapter, local units of government may set emission 
36.34 	regulations with respect to stationary sources which are more stringent than those set 
36.35 	by the Pollution Control Agency.
37.1 	Pursuant to chapter 14, the Pollution Control Agency may adopt, amend, and rescind 
37.2 	rules and standards having the force of law relating to any purpose within the provisions of 
37.3 	this chapter for generators of hazardous waste, the management, identification, labeling, 
37.4 	classification, storage, collection, treatment, transportation, processing, and disposal 
37.5 	of hazardous waste and the location of hazardous waste facilities. A rule or standard 
37.6 	may be of general application throughout the state or may be limited as to time, places, 
37.7 	circumstances, or conditions. In implementing its hazardous waste rules, the Pollution 
37.8 	Control Agency shall give high priority to providing planning and technical assistance 
37.9 	to hazardous waste generators. The agency shall assist generators in investigating the 
37.10 	availability and feasibility of both interim and long-term hazardous waste management 
37.11 	methods. The methods shall include waste reduction, waste separation, waste processing, 
37.12 	resource recovery, and temporary storage.
37.13 	The Pollution Control Agency shall give highest priority in the consideration of 
37.14 	permits to authorize disposal of diseased shade trees by open burning at designated sites to 
37.15 	evidence concerning economic costs of transportation and disposal of diseased shade trees 
37.16 	by alternative methods.

37.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

37.18 	Sec. 62. Minnesota Statutes 2008, section 116.07, subdivision 4h, is amended to read:
37.19 		Subd. 4h.Financial responsibility rules. (a) The agency shall adopt rules requiring 
37.20 	the operator or owner of a solid waste disposal facility to submit to the agency proof 
37.21 	of the operator's or owner's financial capability to provide reasonable and necessary 
37.22 	response during the operating life of the facility and for 30 years after closure for a mixed 
37.23 	municipal solid waste disposal facility or for a minimum of 20 years after closure, as 
37.24 	determined by agency rules, for any other solid waste disposal facility, and to provide for 
37.25 	the closure of the facility and postclosure care required under agency rules. Proof of 
37.26 	financial responsibility is required of the operator or owner of a facility receiving an 
37.27 	original permit or a permit for expansion after adoption of the rules. Within 180 days of 
37.28 	the effective date of the rules or by July 1, 1987, whichever is later, proof of financial 
37.29 	responsibility is required of an operator or owner of a facility with a remaining capacity of 
37.30 	more than five years or 500,000 cubic yards that is in operation at the time the rules are 
37.31 	adopted. Compliance with the rules and the requirements of paragraph (b) is a condition 
37.32 	of obtaining or retaining a permit to operate the facility.
37.33 	(b) A municipality, as defined in section 475.51, subdivision 2, including a sanitary 
37.34 	district, that owns or operates a solid waste disposal facility that was in operation on May 
37.35 	15, 1989, may meet its financial responsibility for all or a portion of the contingency 
38.1 	action portion of the reasonable and necessary response costs at the facility by pledging its 
38.2 	full faith and credit to meet its responsibility. 
38.3 	The pledge must be made in accordance with the requirements in chapter 475 for 
38.4 	issuing bonds of the municipality, and the following additional requirements:
38.5 	(1) The governing body of the municipality shall enact an ordinance that clearly 
38.6 	accepts responsibility for the costs of contingency action at the facility and that reserves, 
38.7 	during the operating life of the facility and for the time period required in paragraph (a) 
38.8 	after closure, a portion of the debt limit of the municipality, as established under section 
38.9 	475.53 or other law, that is equal to the total contingency action costs. 
38.10 	(2) The municipality shall require that all collectors that haul to the facility 
38.11 	implement a plan for reducing solid waste by using volume-based pricing, recycling 
38.12 	incentives, or other means.
38.13 	(3) When a municipality opts to meet a portion of its financial responsibility by 
38.14 	relying on its authority to issue bonds, it shall also begin setting aside in a dedicated 
38.15 	long-term care trust fund money that will cover a portion of the potential contingency 
38.16 	action costs at the facility, the amount to be determined by the agency for each facility 
38.17 	based on at least the amount of waste deposited in the disposal facility each year, and the 
38.18 	likelihood and potential timing of conditions arising at the facility that will necessitate 
38.19 	response action. The agency may not require a municipality to set aside more than five 
38.20 	percent of the total cost in a single year.
38.21 	(4) A municipality shall have and consistently maintain an investment grade bond 
38.22 	rating as a condition of using bonding authority to meet financial responsibility under 
38.23 	this section.
38.24 	(5) The municipality shall file with the commissioner of revenue its consent to have 
38.25 	the amount of its contingency action costs deducted from state aid payments otherwise 
38.26 	due the municipality and paid instead to the remediation fund created in section 116.155, 
38.27 	if the municipality fails to conduct the contingency action at the facility when ordered 
38.28 	by the agency. If the agency notifies the commissioner that the municipality has failed to 
38.29 	conduct contingency action when ordered by the agency, the commissioner shall deduct 
38.30 	the amounts indicated by the agency from the state aids in accordance with the consent 
38.31 	filed with the commissioner. 
38.32 	(6) The municipality shall file with the agency written proof that it has complied 
38.33 	with the requirements of paragraph (b).
38.34 	(c) The method for proving financial responsibility under paragraph (b) may not be 
38.35 	applied to a new solid waste disposal facility or to expansion of an existing facility, unless 
39.1 	the expansion is a vertical expansion. Vertical expansions of qualifying existing facilities 
39.2 	cannot be permitted for a duration of longer than three years.
39.3 	(d) The commissioner shall consult with the commissioner of management and 
39.4 	budget for guidance on the forms of financial assurance that are acceptable for private 
39.5 	owners and public owners, and in carrying out a periodic review of the adequacy of 
39.6 	financial assurance for solid waste disposal facilities. Financial assurance rules shall 
39.7 	allow financial mechanisms to public owners of solid waste disposal facilities that are 
39.8 	appropriate to their status as subdivisions of the state.

39.9 	EFFECTIVE DATE. This section is effective the day following final enactment.

39.10 	Sec. 63. Minnesota Statutes 2008, section 116D.04, subdivision 2a, is amended to read:
39.11 		Subd. 2a.When prepared. Where there is potential for significant environmental 
39.12 	effects resulting from any major governmental action, the action shall be preceded by a 
39.13 	detailed environmental impact statement prepared by the responsible governmental unit. 
39.14 	The environmental impact statement shall be an analytical rather than an encyclopedic 
39.15 	document which describes the proposed action in detail, analyzes its significant 
39.16 	environmental impacts, discusses appropriate alternatives to the proposed action and 
39.17 	their impacts, and explores methods by which adverse environmental impacts of an 
39.18 	action could be mitigated. The environmental impact statement shall also analyze those 
39.19 	economic, employment and sociological effects that cannot be avoided should the action 
39.20 	be implemented. To ensure its use in the decision-making process, the environmental 
39.21 	impact statement shall be prepared as early as practical in the formulation of an action. 
39.22 	No mandatory environmental impact statement may be required for an ethanol plant, 
39.23 	as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than 
39.24 	125,000,000 gallons of ethanol annually and is located outside of the seven-county 
39.25 	metropolitan area. 
39.26 	(a) The board shall by rule establish categories of actions for which environmental 
39.27 	impact statements and for which environmental assessment worksheets shall be prepared 
39.28 	as well as categories of actions for which no environmental review is required under 
39.29 	this section.
39.30 	(b) The responsible governmental unit shall promptly publish notice of the 
39.31 	completion of an environmental assessment worksheet in a manner to be determined by 
39.32 	the board and shall provide copies of the environmental assessment worksheet to the board 
39.33 	and its member agencies. Comments on the need for an environmental impact statement 
39.34 	may be submitted to the responsible governmental unit during a 30 day period following 
39.35 	publication of the notice that an environmental assessment worksheet has been completed. 
40.1 	The responsible governmental unit's decision on the need for an environmental impact 
40.2 	statement shall be based on the environmental assessment worksheet and the comments 
40.3 	received during the comment period, and shall be made within 15 days after the close of 
40.4 	the comment period. The board's chair may extend the 15 day period by not more than 15 
40.5 	additional days upon the request of the responsible governmental unit.
40.6 	(c) An environmental assessment worksheet shall also be prepared for a proposed 
40.7 	action whenever material evidence accompanying a petition by not less than 25 
40.8 	individuals, submitted before the proposed project has received final approval by the 
40.9 	appropriate governmental units, demonstrates that, because of the nature or location of a 
40.10 	proposed action, there may be potential for significant environmental effects. Petitions 
40.11 	requesting the preparation of an environmental assessment worksheet shall be submitted to 
40.12 	the board. The chair of the board shall determine the appropriate responsible governmental 
40.13 	unit and forward the petition to it. A decision on the need for an environmental assessment 
40.14 	worksheet shall be made by the responsible governmental unit within 15 days after the 
40.15 	petition is received by the responsible governmental unit. The board's chair may extend 
40.16 	the 15 day period by not more than 15 additional days upon request of the responsible 
40.17 	governmental unit.
40.18 	(d) Except in an environmentally sensitive location where Minnesota Rules, part 
40.19 	4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 
40.20 	review under this chapter and rules of the board, if:
40.21 	(1) the proposed action is:
40.22 	(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
40.23 	(ii) an expansion of an existing animal feedlot facility with a total cumulative 
40.24 	capacity of less than 1,000 animal units;
40.25 	(2) the application for the animal feedlot facility includes a written commitment by 
40.26 	the proposer to design, construct, and operate the facility in full compliance with Pollution 
40.27 	Control Agency feedlot rules; and
40.28 	(3) the county board holds a public meeting for citizen input at least ten business 
40.29 	days prior to the Pollution Control Agency or county issuing a feedlot permit for the 
40.30 	animal feedlot facility unless another public meeting for citizen input has been held with 
40.31 	regard to the feedlot facility to be permitted. The exemption in this paragraph is in 
40.32 	addition to other exemptions provided under other law and rules of the board.
40.33 	(e) The board may, prior to final approval of a proposed project, require preparation 
40.34 	of an environmental assessment worksheet by a responsible governmental unit selected 
40.35 	by the board for any action where environmental review under this section has not been 
40.36 	specifically provided for by rule or otherwise initiated.
41.1 	(f) An early and open process shall be utilized to limit the scope of the environmental 
41.2 	impact statement to a discussion of those impacts, which, because of the nature or location 
41.3 	of the project, have the potential for significant environmental effects. The same process 
41.4 	shall be utilized to determine the form, content and level of detail of the statement as well 
41.5 	as the alternatives which are appropriate for consideration in the statement. In addition, 
41.6 	the permits which will be required for the proposed action shall be identified during the 
41.7 	scoping process. Further, the process shall identify those permits for which information 
41.8 	will be developed concurrently with the environmental impact statement. The board 
41.9 	shall provide in its rules for the expeditious completion of the scoping process. The 
41.10 	determinations reached in the process shall be incorporated into the order requiring the 
41.11 	preparation of an environmental impact statement.
41.12 	(g) The responsible governmental unit shall, to the extent practicable, avoid 
41.13 	duplication and ensure coordination between state and federal environmental review 
41.14 	and between environmental review and environmental permitting. Whenever practical, 
41.15 	information needed by a governmental unit for making final decisions on permits or 
41.16 	other actions required for a proposed project shall be developed in conjunction with the 
41.17 	preparation of an environmental impact statement.
41.18 	(h) An environmental impact statement shall be prepared and its adequacy 
41.19 	determined within 280 days after notice of its preparation unless the time is extended by 
41.20 	consent of the parties or by the governor for good cause. The responsible governmental 
41.21 	unit shall determine the adequacy of an environmental impact statement, unless within 60 
41.22 	days after notice is published that an environmental impact statement will be prepared, 
41.23 	the board chooses to determine the adequacy of an environmental impact statement. If an 
41.24 	environmental impact statement is found to be inadequate, the responsible governmental 
41.25 	unit shall have 60 days to prepare an adequate environmental impact statement.

41.26 	Sec. 64. Minnesota Statutes 2008, section 116D.04, is amended by adding a 
41.27 	subdivision to read:
41.28 		Subd. 14.Customized environmental assessment worksheet forms; electronic 
41.29 	submission. (a) The commissioners of natural resources and the Pollution Control 
41.30 	Agency and the board shall periodically review mandatory environmental assessment 
41.31 	worksheet categories under rules adopted under this section, and other project types that 
41.32 	are frequently subject to environmental review, and develop customized environmental 
41.33 	assessment worksheet forms for the category or project type. The forms must include 
41.34 	specific questions that focus on key environmental issues for the category or project type. 
41.35 	In assessing categories and project types and developing forms, the board shall seek 
42.1 	the input of governmental units that are frequently responsible for the preparation of a 
42.2 	worksheet for the particular category or project type. The commissioners and the board 
42.3 	shall also seek input from the general public on the development of customized forms. 
42.4 	The commissioners and board shall make the customized forms available online.
42.5 	(b) The commissioners of natural resources and the Pollution Control Agency shall 
42.6 	allow for the electronic submission of environmental assessment worksheets and permits.

42.7 	Sec. 65. Minnesota Statutes 2008, section 290.431, is amended to read:
42.8 	290.431 NONGAME WILDLIFE CHECKOFF.
42.9 	Every individual who files an income tax return or property tax refund claim form 
42.10 	may designate on their original return that $1 or more shall be added to the tax or deducted 
42.11 	from the refund that would otherwise be payable by or to that individual and paid into an 
42.12 	account to be established for the management of nongame wildlife. The commissioner 
42.13 	of revenue shall, on the income tax return and the property tax refund claim form, notify 
42.14 	filers of their right to designate that a portion of their tax or refund shall be paid into 
42.15 	the nongame wildlife management account. The sum of the amounts so designated to 
42.16 	be paid shall be credited to the nongame wildlife management account for use by the 
42.17 	nongame program of the section of wildlife in the Department of Natural Resources. All 
42.18 	interest earned on money accrued, gifts to the program, contributions to the program, and 
42.19 	reimbursements of expenditures in the nongame wildlife management account shall be 
42.20 	credited to the account by the commissioner of management and budget, except that 
42.21 	gifts or contributions received directly by the commissioner of natural resources and 
42.22 	directed by the contributor for use in specific nongame field projects or geographic 
42.23 	areas shall be handled according to section 84.085, subdivision 1. The commissioner 
42.24 	of natural resources shall submit a work program for each fiscal year and semiannual 
42.25 	progress reports to the Legislative-Citizen Commission on Minnesota Resources in the 
42.26 	form determined by the commission. None of the money provided in this section may be 
42.27 	expended unless the commission has approved the work program.
42.28 	The state pledges and agrees with all contributors to the nongame wildlife 
42.29 	management account to use the funds contributed solely for the management of nongame 
42.30 	wildlife projects and further agrees that it will not impose additional conditions or 
42.31 	restrictions that will limit or otherwise restrict the ability of the commissioner of natural 
42.32 	resources to use the available funds for the most efficient and effective management of 
42.33 	nongame wildlife. The commissioner may use funds appropriated for nongame wildlife 
42.34 	programs for the purpose of developing, preserving, restoring, and maintaining wintering 
42.35 	habitat for neotropical migrant birds in Latin America and the Caribbean under agreement 
43.1 	or contract with any nonprofit organization dedicated to the construction, maintenance, and 
43.2 	repair of such projects that are acceptable to the governmental agency having jurisdiction 
43.3 	over the land and water affected by the projects. Under this authority, the commissioner 
43.4 	may execute agreements and contracts if the commissioner determines that the use of the 
43.5 	funds will benefit neotropical migrant birds that breed in or migrate through the state.

43.6 	Sec. 66. Minnesota Statutes 2008, section 290.432, is amended to read:
43.7 	290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.
43.8 	A corporation that files an income tax return may designate on its original return that 
43.9 	$1 or more shall be added to the tax or deducted from the refund that would otherwise be 
43.10 	payable by or to that corporation and paid into the nongame wildlife management account 
43.11 	established by section 290.431 for use by the section of wildlife in the Department of 
43.12 	Natural Resources for its nongame wildlife program. The commissioner of revenue shall, 
43.13 	on the corporate tax return, notify filers of their right to designate that a portion of their 
43.14 	tax return be paid into the nongame wildlife management account for the protection of 
43.15 	endangered natural resources. All interest earned on money accrued, gifts to the program, 
43.16 	contributions to the program, and reimbursements of expenditures in the nongame wildlife 
43.17 	management account shall be credited to the account by the commissioner of management 
43.18 	and budget, except that gifts or contributions received directly by the commissioner of 
43.19 	natural resources and directed by the contributor for use in specific nongame field projects 
43.20 	or geographic areas shall be handled according to section 84.085, subdivision 1. The 
43.21 	commissioner of natural resources shall submit a work program for each fiscal year to 
43.22 	the Legislative-Citizen Commission on Minnesota Resources in the form determined by 
43.23 	the commission. None of the money provided in this section may be spent unless the 
43.24 	commission has approved the work program.
43.25 	The state pledges and agrees with all corporate contributors to the nongame wildlife 
43.26 	account to use the funds contributed solely for the nongame wildlife program and further 
43.27 	agrees that it will not impose additional conditions or restrictions that will limit or 
43.28 	otherwise restrict the ability of the commissioner of natural resources to use the available 
43.29 	funds for the most efficient and effective management of those programs.

43.30 	Sec. 67. Minnesota Statutes 2009 Supplement, section 357.021, subdivision 7, is 
43.31 	amended to read:
43.32 		Subd. 7.Disbursement of surcharges by commissioner of management and 
43.33 	budget. (a) Except as provided in paragraphs (b), (c), and (d), the commissioner of 
44.1 	management and budget shall disburse surcharges received under subdivision 6 and 
44.2 	section 97A.065, subdivision 2, as follows:
44.3 	(1) beginning July 1, 2010, one percent shall be credited to the peace officer training 
44.4 	account in the game and fish fund and appropriated to the commissioner of natural 
44.5 	resources to provide peace officer training for employees of the Department of Natural 
44.6 	Resources who are licensed under sections 626.84 to 626.863, and who possess peace 
44.7 	officer authority for the purpose of enforcing game and fish laws;
44.8 	(2) 39 percent shall be credited to the peace officers training account in the special 
44.9 	revenue fund; and
44.10 	(3) 60 percent shall be credited to the general fund.
44.11 	(b) The commissioner of management and budget shall credit $3 of each surcharge 
44.12 	received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.
44.13 	(c) In addition to any amounts credited under paragraph (a), the commissioner of 
44.14 	management and budget shall credit $47 of each surcharge received under subdivision 6 
44.15 	and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.
44.16 	(d) If the Ramsey County Board of Commissioners authorizes imposition of the 
44.17 	additional $1 surcharge provided for in subdivision 6, paragraph (a), the court administrator 
44.18 	in the Second Judicial District shall transmit the surcharge to the commissioner of 
44.19 	management and budget. The $1 special surcharge is deposited in a Ramsey County 
44.20 	surcharge account in the special revenue fund and amounts in the account are appropriated 
44.21 	to the trial courts for the administration of the petty misdemeanor diversion program 
44.22 	operated by the Second Judicial District Ramsey County Violations Bureau.

44.23 	Sec. 68. DEPARTMENT OF NATURAL RESOURCES LONG-RANGE 
44.24 	BUDGET ANALYSIS.
 44.25 	(a) The commissioner of natural resources, in consultation with the commissioner 
44.26 	of management and budget, shall estimate the total amount of funding available from all 
44.27 	sources for each of the following land management categories: wildlife management 
44.28 	areas; state forests; scientific and natural areas; aquatic management areas; public water 
44.29 	access sites; and prairie bank easements. The commissioner of natural resources shall 
44.30 	prepare a ten-year budget analysis of the department's ongoing land management needs, 
44.31 	including restoration of each parcel needing restoration. The analysis shall include:
44.32 	(1) an analysis of the needs of wildlife management areas, including identification of 
44.33 	internal systemwide guidelines on the proper frequency for activities such as controlled 
44.34 	burns, tree and woody biomass removal, and brushland management;
45.1 	(2) an analysis of state forest needs, including identification of internal systemwide 
45.2 	guidelines on the proper frequency for forest management activities;
45.3 	(3) an analysis of scientific and natural area needs, including identification of 
45.4 	internal systemwide guidelines on the proper frequency for management activities;
45.5 	(4) an analysis of aquatic management area needs, including identification of internal 
45.6 	systemwide guidelines on the proper frequency for management activities; and
45.7 	(5) an analysis of the needs of the state's public water access sites, including 
45.8 	identification of internal systemwide guidelines on the proper frequency for management 
45.9 	activities.
45.10 	(b) The commissioner shall compare the estimate of the total amount of funding 
45.11 	available to the department's ongoing management needs to determine:
45.12 	(1) the amount necessary to manage, restore, and maintain existing wildlife 
45.13 	management areas, state forests, scientific and natural areas, aquatic management areas, 
45.14 	public water access sites, and prairie bank easements; and
45.15 	(2) the amount necessary to expand upon the existing wildlife management areas, 
45.16 	state forests, scientific and natural areas, aquatic management areas, public water access 
45.17 	sites, and prairie bank easement programs, including the feasibility of the department's 
45.18 	existing long-range plans, if applicable, for each program.
45.19 	(c) The commissioner of natural resources shall submit the analysis to the chairs of 
45.20 	the house of representatives and senate committees with jurisdiction over environment 
45.21 	and natural resources finance and cultural and outdoor resources finance by November 
45.22 	15, 2010.

45.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

45.24 	Sec. 69. SCHOOL TRUST LANDS STUDY.
 45.25 	By July 15, 2010, the commissioner of natural resources shall provide to the chairs 
45.26 	of the house of representatives and the senate committees and divisions with primary 
45.27 	jurisdiction over natural resources finance and education finance information necessary 
45.28 	to evaluate the effectiveness of the commissioner in managing school trust lands to 
45.29 	successfully meet the goals contained in Minnesota Statutes, section 127A.31. The 
45.30 	information to be provided shall include, but is not limited to:
45.31 	(1) an accurate description of the school trust lands and their land classification;
45.32 	(2) policies and procedures in place designed to meet the requirements of the 
45.33 	fiduciary responsibility of the commissioner in management of the school trust lands; and
45.34 	(3) financial information identifying the current revenues from the land 
45.35 	classifications and the potential for future maximization of those revenues.

46.1 	Sec. 70. COMPENSATION FOR PUBLIC ACCESS TO SCHOOL TRUST 
46.2 	LAND.
 46.3 	By January 15, 2011, the commissioner of natural resources shall provide 
46.4 	recommendations to the chairs of the house of representatives and the senate committees 
46.5 	and divisions with primary jurisdiction over natural resources finance and education 
46.6 	finance on a funding mechanism for compensating the permanent school trust fund for 
46.7 	the public use of school trust lands for outdoor recreation.

46.8 	Sec. 71. COON RAPIDS DAM COMMISSION.
 46.9 		Subdivision 1.Establishment. (a) The Coon Rapids Dam Commission is 
46.10 	established to perform the duties specified in subdivision 2.
46.11 	(b) The commission consists of 14 voting members and three nonvoting members 
46.12 	as follows:
46.13 	(1) two members of the house of representatives, appointed by the speaker of the 
46.14 	house;
46.15 	(2) one member of the senate appointed by the president of the senate;
46.16 	(3) the commissioner of natural resources or the commissioner's designee;
46.17 	(4) the commissioner of energy or the commissioner's designee;
46.18 	(5) two representatives of Three Rivers Park District, appointed by the Three Rivers 
46.19 	Park District Board of Commissioners;
46.20 	(6) one representative each from the counties of Anoka and Hennepin, appointed 
46.21 	by the respective county boards;
46.22 	(7) one representative each from the cities of Anoka, Brooklyn Park, Champlin, and 
46.23 	Coon Rapids, appointed by the respective mayors;
46.24 	(8) one representative from the Metropolitan Council, appointed by the council chair;
46.25 	(9) one representative of the Mississippi National River and Recreation Area, 
46.26 	appointed by the superintendent of the Mississippi National River and Recreation Area, 
46.27 	who shall serve as a nonvoting member;
46.28 	(10) one representative of the United States Army Corps of Engineers, appointed 
46.29 	by the commander of the St. Paul District, United States Army Corps of Engineers, who 
46.30 	shall serve as a nonvoting member; and
46.31 	(11) one representative from the United States Fish and Wildlife Service, appointed 
46.32 	by the regional director of the United States Fish and Wildlife Service, who shall serve 
46.33 	as a nonvoting member.
46.34 	(c) The commission shall elect a chair from among its members.
47.1 	(d) Members of the commission shall serve a term of one year and may be 
47.2 	reappointed for any successive number of terms.
47.3 	(e) The Three Rivers Park District shall provide the commission with office space 
47.4 	and staff and administrative services.
47.5 	(f) Commission members shall serve without compensation.
47.6 		Subd. 2.Duties. The commission shall study options and make recommendations 
47.7 	for the future of the Coon Rapids Dam, including its suitable public uses, governance, 
47.8 	operation, and maintenance and financing of the dam and its operations. The commission 
47.9 	shall consider economic, environmental, ecological, and other pertinent factors. The 
47.10 	commission shall, by March 1, 2011, develop and present to the legislature and the 
47.11 	governor an analysis and recommendations for the Coon Rapids Dam. The commission 
47.12 	shall present its findings to the house of representatives and senate committees and 
47.13 	divisions having jurisdiction over natural resources and energy policy.
47.14 		Subd. 3.Expiration. This section expires upon presentation of the commission's 
47.15 	analysis and recommendations according to subdivision 2.

47.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

47.17 	Sec. 72. SOLID WASTE FACILITY FINANCIAL ASSURANCE 
47.18 	MECHANISMS; INPUT.
 47.19 	Within six months after the effective date of this section, and before publishing 
47.20 	the rules required for groundwater sensitivity and financial assurance in Minnesota 
47.21 	Statutes, section 116.07, subdivision 4, the Pollution Control Agency shall consult with 
47.22 	experts and interested persons on financial assurance adequacy for solid waste facilities, 
47.23 	including, but not limited to, staff from the Department of Natural Resources, Minnesota 
47.24 	Management and Budget, local governments, private and public landfill operators, and 
47.25 	environmental groups. The commissioner shall seek the input to determine the adequacy 
47.26 	of existing financial assurance rules to address environmental risks, the length of time 
47.27 	financial assurance is needed based on the threat to human health and the environment, 
47.28 	the reliability of financial assurance in covering risks from land disposal of waste in 
47.29 	Minnesota and other states, and the role of private insurance.

47.30 	EFFECTIVE DATE. This section is effective the day following final enactment.

47.31 	Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE 
47.32 	ADOPTION DELAY.
 48.1 	Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county has ten 
48.2 	months from the date final rule amendments to the February 4, 2008, subsurface sewage 
48.3 	treatment system rules are adopted by the Pollution Control Agency to adopt an ordinance 
48.4 	to comply with the rules. A county must continue to enforce its current ordinance until a 
48.5 	new ordinance has been adopted.

48.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

48.7 	Sec. 74. HAZARDOUS WASTE INCINERATION FACILITY MORATORIUM.
 48.8 	Until March 1, 2011, the commissioner of the Pollution Control Agency shall not 
48.9 	issue a permit for a hazardous waste incineration facility that accepts hazardous waste 
48.10 	for incineration within Minnesota from generators other than the owner and operator 
48.11 	of the facility, unless the hazardous wastes accepted are small quantities of hazardous 
48.12 	wastes from a public body on an emergency basis at no cost to the public body and if the 
48.13 	commissioner approves the acceptance from the public body.

48.14 	Sec. 75. APPROPRIATIONS.
 48.15 	(a) $60,000 is appropriated in fiscal year 2011 from the water recreation account in 
48.16 	the natural resources fund to the commissioner of natural resources to cooperate with local 
48.17 	units of government in marking state water trails under Minnesota Statutes, section 85.32; 
48.18 	acquiring and developing river accesses and campsites; and removing obstructions that 
48.19 	may cause public safety hazards. This is a onetime appropriation and available until spent.
48.20 	(b) $250,000 in fiscal year 2011 is appropriated from the game and fish fund to the 
48.21 	commissioner of natural resources to maintain and expand the ecological classification 
48.22 	system program on state forest lands.

48.23 	Sec. 76. REVISOR'S INSTRUCTION.
 48.24 	(a) The revisor of statutes shall change the term "horse trail pass" to "horse pass" 
48.25 	wherever it appears in Minnesota Statutes and Minnesota Rules.
48.26 	(b) The revisor of statutes shall change the term "canoe and boating routes" or 
48.27 	similar term to "water trail routes" or similar term wherever it appears in Minnesota 
48.28 	Statutes and Minnesota Rules.
48.29 	(c) The revisor of statutes shall change the term "Minnesota Conservation Corps" 
48.30 	to "Conservation Corps Minnesota" wherever it appears in Minnesota Statutes and 
48.31 	Minnesota Rules.

48.32 	Sec. 77.  REPEALER.
 49.1 	(a) Minnesota Statutes 2008, sections 90.172; 103G.295; and 103G.650, are repealed.
49.2 	(b) Minnesota Statutes 2009 Supplement, section 88.795, is repealed.