HF 3702

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to environment and natural resources; modifying certain administrative 1.3accounts; modifying electronic transaction provisions; providing for certain 1.4registration and licensing exemptions; modifying off-highway vehicle and 1.5snowmobile provisions; modifying state trails and canoe and boating routes; 1.6modifying fees and disposition of certain receipts; delaying local ordinance 1.7adoption requirements and establishing a task force; modifying certain 1.8competitive bidding exemptions; modifying horse trail pass provisions; 1.9modifying master plan requirements; expanding eligibility for free state park 1.10permit; modifying cross-country ski trail provisions; providing for general 1.11burning permits; modifying authority to establish forestry services fees; 1.12modifying authority to issue leases and permits; modifying timber sales 1.13provisions; eliminating certain pilot projects and reports; modifying the Water 1.14Law; modifying utility license provisions; modifying rulemaking authority; 1.15providing for certain permitting and review efficiencies; modifying certain 1.16state land sale requirements; modifying nongame wildlife checkoffs; requiring 1.17long-range land management budgeting; appropriating money;amending 1.18Minnesota Statutes 2008, sections 84.025, subdivision 9; 84.027, subdivision 1.1915; 84.0856; 84.0857; 84.415, by adding a subdivision; 84.777, subdivision 1.202; 84.788, subdivision 2; 84.798, subdivision 2; 84.82, subdivisions 3, 6, 1.21by adding a subdivision; 84.8205, subdivision 1; 84.92, subdivisions 9, 10; 1.2284.922, subdivision 5, by adding a subdivision; 84.925, subdivision 1; 84.9256, 1.23subdivision 1; 84.928, subdivision 5; 85.015, subdivision 14; 85.052, subdivision 1.244; 85.22, subdivision 5; 85.32, subdivision 1; 85.41, subdivision 3; 85.42; 85.43; 1.2585.46, as amended; 86B.301, subdivision 2; 88.17, subdivisions 1, 3; 88.79, 1.26subdivision 2; 89.17; 90.041, by adding a subdivision; 90.121; 90.14; 103A.305; 1.27103F.325, by adding a subdivision; 103F.335, subdivision 1; 103G.271, 1.28subdivision 3; 103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305, 1.29subdivision 2; 103G.315, subdivision 11; 103G.515, subdivision 5; 115.55, by 1.30adding a subdivision; 116.07, subdivisions 4, 4h; 116D.04, subdivision 2a, by 1.31adding a subdivision; 290.431; 290.432; Minnesota Statutes 2009 Supplement, 1.32sections 84.793, subdivision 1; 84.922, subdivision 1a; 84.9275, subdivision 1; 1.3384.928, subdivision 1; 85.015, subdivision 13; 85.053, subdivision 10; 86A.09, 1.34subdivision 1; 103G.201; Laws 2005, chapter 156, article 2, section 45, as 1.35amended; proposing coding for new law in Minnesota Statutes, chapter 103G; 1.36repealing Minnesota Statutes 2008, sections 90.172; 103G.295; 103G.650; 1.37Minnesota Statutes 2009 Supplement, section 88.795. 1.38BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1    Section 1. Minnesota Statutes 2008, section 84.025, subdivision 9, is amended to read: 2.2    Subd. 9. Professional services support account. The commissioner of natural 2.3resources may bill new text begin other governmental units, including tribal governments, and new text end the 2.4various programs carried out by the commissioner for the costs of providing them with 2.5professional support services. Except as provided under section 89.421, receipts must be 2.6credited to a special account in the state treasury and are appropriated to the commissioner 2.7to pay the costs for which the billings were made. 2.8    The commissioner of natural resources shall submit to the commissioner of 2.9management and budget before the start of each fiscal year a work plan showing the 2.10estimated work to be done during the coming year, the estimated cost of doing the work, 2.11and the positions and fees that will be necessary. This account is exempted from statewide 2.12and agency indirect cost payments. 2.13    Sec. 2. Minnesota Statutes 2008, section 84.027, subdivision 15, is amended to read: 2.14    Subd. 15. Electronic transactions. (a) The commissioner may receive an 2.15application for, sell, and issue any license, stamp, permit, pass, sticker, duplicate new text begin gift new text end 2.16 new text begin card, new text end safety training certification, registration, or transfer under the jurisdiction of the 2.17commissioner by electronic means, including by telephone. Notwithstanding section 2.1897A.472 , electronic and telephone transactions may be made outside of the state. The 2.19commissioner may: 2.20    (1) provide for the electronic transfer of funds generated by electronic transactions, 2.21including by telephone; 2.22    (2) assign an identification number to an applicant who purchases a hunting or 2.23fishing license or recreational vehicle registration by electronic means, to serve as 2.24temporary authorization to engage in the activity requiring a license or registration until 2.25the license or registration is received or expires; 2.26    (3) charge and permit agents to charge a fee of individuals who make electronic 2.27transactions and transactions by telephone or Internet, including issuing fees and an 2.28additional transaction fee not to exceed $3.50; 2.29    (4) charge and permit agents to charge a convenience fee not to exceed three percent 2.30of the cost of the license to individuals who use electronic bank cards for payment. An 2.31electronic licensing system agent charging a fee of individuals making an electronic 2.32bank card transaction in person must post a sign informing individuals of the fee. The 2.33sign must be near the point of payment, clearly visible, include the amount of the fee, and 2.34state: "License agents are allowed by state law to charge a fee not to exceed three percent 3.1of the cost of state licenses to persons who use electronic bank cards for payment. The 3.2fee is not required by state law."; 3.3    (5) establish, by written order, an electronic licensing system commission to be 3.4paid by revenues generated from all sales made through the electronic licensing system. 3.5The commissioner shall establish the commission in a manner that neither significantly 3.6overrecovers nor underrecovers costs involved in providing the electronic licensing 3.7system; and 3.8    (6) adopt rules to administer the provisions of this subdivision. 3.9    (b) The fees established under paragraph (a), clauses (3) and (4), and the commission 3.10established under paragraph (a), clause (5), are not subject to the rulemaking procedures 3.11of chapter 14 and section 14.386 does not apply. 3.12    (c) Money received from fees and commissions collected under this subdivision, 3.13including interest earned, is annually appropriated from the game and fish fund and the 3.14natural resources fund to the commissioner for the cost of electronic licensing. 3.15    Sec. 3. Minnesota Statutes 2008, section 84.0856, is amended to read: 3.1684.0856 FLEET MANAGEMENT ACCOUNT. 3.17The commissioner of natural resources may bill organizational units within 3.18the Department of Natural Resources new text begin and other governmental units, including tribal new text end 3.19 new text begin governments, new text end for the costs of providing them with equipment. Costs billed may include 3.20acquisition, licensing, insurance, maintenance, repair, and other direct costs as determined 3.21by the commissioner. Receipts and interest earned on the receipts shall be credited to a 3.22special account in the state treasury and are appropriated to the commissioner to pay the 3.23costs for which the billings were made. 3.24    Sec. 4. Minnesota Statutes 2008, section 84.0857, is amended to read: 3.2584.0857 FACILITIES MANAGEMENT ACCOUNT. 3.26    (a) The commissioner of natural resources may bill organizational units within 3.27the Department of Natural Resources new text begin and other governmental units, including tribal new text end 3.28 new text begin governments, new text end for the costs of providing them with building and infrastructure facilities. 3.29Costs billed may include modifications and adaptations to allow for appropriate building 3.30occupancy, building code compliance, insurance, utility services, maintenance, repair, and 3.31other direct costs as determined by the commissioner. Receipts shall be credited to a 3.32special account in the state treasury and are appropriated to the commissioner to pay the 3.33costs for which the billings were made. 4.1    (b) Money deposited in the special account from the proceeds of a sale under section 4.294.16, subdivision 3 , paragraph (b), is appropriated to the commissioner to acquire 4.3facilities or renovate existing buildings for administrative use or to acquire land for, 4.4design, and construct administrative buildings for the Department of Natural Resources. 4.5    Sec. 5. Minnesota Statutes 2008, section 84.415, is amended by adding a subdivision 4.6to read: 4.7     new text begin Subd. 3a. new text end new text begin Joint applications for residential use. new text end new text begin An application for a utility new text end 4.8 new text begin license may cover more than one type of utility if the utility lines are being installed for new text end 4.9 new text begin residential use only. Separate applications submitted by utilities for the same crossing new text end 4.10 new text begin shall be joined together and processed as one application, provided that the applications new text end 4.11 new text begin are submitted within one year of each other and the utility lines are for residential use only. new text end 4.12 new text begin The application fees for a joint application or separate applications subsequently joined new text end 4.13 new text begin together shall be as if only one application was submitted. new text end 4.14    Sec. 6. Minnesota Statutes 2008, section 84.777, subdivision 2, is amended to read: 4.15    Subd. 2. Off-highway vehicle seasons new text begin seasonal restrictions new text end . (a) The commissioner 4.16shall prescribe seasons for off-highway vehicle use on state forest lands. Except for 4.17designated forest roads, a person must not operate an off-highway vehicle on state forest 4.18lands outside of the seasons prescribed under this paragraph. new text begin during the firearms deer new text end 4.19 new text begin hunting season in areas of the state where deer may be taken by rifle. This paragraph new text end 4.20 new text begin does not apply to a person in possession of a valid deer hunting license operating an new text end 4.21 new text begin off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m. new text end 4.22    (b) The commissioner may designate and post winter trails on state forest lands 4.23for use by off-highway vehicles. 4.24    (c) For the purposes of this subdivision, "state forest lands" means forest lands under 4.25the authority of the commissioner as defined in section 89.001, subdivision 13, and lands 4.26managed by the commissioner under section 282.011. 4.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 4.28    Sec. 7. Minnesota Statutes 2008, section 84.788, subdivision 2, is amended to read: 4.29    Subd. 2. Exemptions. Registration is not required for off-highway motorcycles: 4.30(1) owned and used by the United States, new text begin an Indian tribal government, new text end the state, 4.31another state, or a political subdivision; 4.32(2) registered in another state or country that have not been within this state for 4.33more than 30 consecutive days; or 5.1(3) registered under chapter 168, when operated on forest roads to gain access to a 5.2state forest campground. 5.3    Sec. 8. Minnesota Statutes 2009 Supplement, section 84.793, subdivision 1, is 5.4amended to read: 5.5    Subdivision 1. Prohibitions on youthful operators. (a) After January 1, 1995, A 5.6person less than 16 years of age operating an off-highway motorcycle on public lands 5.7or waters must possess a valid off-highway motorcycle safety certificate issued by the 5.8commissioner. 5.9(b) Except for operation on public road rights-of-way that is permitted under section 5.1084.795, subdivision 1 , a driver's license issued by the state or another state is required to 5.11operate an off-highway motorcycle along or on a public road right-of-way. 5.12(c) A person under 12 years of age may not: 5.13(1) make a direct crossing of a public road right-of-way; 5.14(2) operate an off-highway motorcycle on a public road right-of-way in the state; or 5.15(3) operate an off-highway motorcycle on public lands or waters unless accompanied 5.16by a person 18 years of age or older or participating in an event for which the 5.17commissioner has issued a special use permit. 5.18(d) Except for public road rights-of-way of interstate highways, a person less than 16 5.19years of age may make a direct crossing of a public road right-of-way of a trunk, county 5.20state-aid, or county highway only if that person is accompanied by a person 18 years of 5.21age or older who holds a valid driver's license. 5.22(e) A person less than 16 years of age may operate an off-highway motorcycle on 5.23public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph 5.24(a), only if that person is accompanied by a person 18 years of age or older who holds a 5.25valid driver's license. 5.26 new text begin (f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may new text end 5.27 new text begin operate an off-highway motorcycle on public lands or waters if the nonresident youth has new text end 5.28 new text begin in possession evidence of completing an off-road safety course offered by the Motorcycle new text end 5.29 new text begin Safety Foundation or another state as provided in section 84.791, subdivision 4. new text end 5.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 5.31    Sec. 9. Minnesota Statutes 2008, section 84.798, subdivision 2, is amended to read: 5.32    Subd. 2. Exemptions. Registration is not required for an off-road vehicle that is: 5.33(1) owned and used by the United States, new text begin an Indian tribal government, new text end the state, 5.34another state, or a political subdivision; or 6.1(2) registered in another state or country and has not been in this state for more 6.2than 30 consecutive days. 6.3    Sec. 10. Minnesota Statutes 2008, section 84.82, subdivision 3, is amended to read: 6.4    Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile, 6.5other than those used for an agricultural purpose, as defined in section 84.92, subdivision 6.61c , or those registered by a dealer or manufacturer pursuant to clause (b) or (c) shall be as 6.7follows: $45 for three years and $4 for a duplicate or transfer. 6.8(b) The total registration fee for all snowmobiles owned by a dealer and operated for 6.9demonstration or testing purposes shall be $50 per year. 6.10(c) The total registration fee for all snowmobiles owned by a manufacturer and 6.11operated for research, testing, experimentation, or demonstration purposes shall be $150 6.12per year. Dealer and manufacturer registrations are not transferable. 6.13 new text begin (d) The onetime fee for registration of an exempt snowmobile under subdivision new text end 6.14 new text begin 6a is $6. new text end 6.15    Sec. 11. Minnesota Statutes 2008, section 84.82, subdivision 6, is amended to read: 6.16    Subd. 6. Exemptions. Registration is not required under this section for: 6.17    (1) a snowmobile owned and used by the United States, new text begin an Indian tribal government, new text end 6.18another state, or a political subdivision thereof; 6.19    (2) a snowmobile registered in a country other than the United States temporarily 6.20used within this state; 6.21    (3) a snowmobile that is covered by a valid license of another state and has not been 6.22within this state for more than 30 consecutive days; 6.23    (4) a snowmobile used exclusively in organized track racing events; 6.24    (5) a snowmobile in transit by a manufacturer, distributor, or dealer; 6.25    (6) a snowmobile at least 15 years old in transit by an individual for use only on 6.26land owned or leased by the individual; or 6.27    (7) a snowmobile while being used to groom a state or grant-in-aid trail. 6.28    Sec. 12. Minnesota Statutes 2008, section 84.82, is amended by adding a subdivision 6.29to read: 6.30     new text begin Subd. 6a. new text end new text begin Exemption; collector unlimited snowmobile use. new text end new text begin Snowmobiles may be new text end 6.31 new text begin issued an exempt registration if the machine is at least 25 years old. Exempt registration is new text end 6.32 new text begin valid from the date of issuance until ownership of the snowmobile is transferred. Exempt new text end 6.33 new text begin registrations are not transferable. new text end 7.1    Sec. 13. Minnesota Statutes 2008, section 84.8205, subdivision 1, is amended to read: 7.2    Subdivision 1. Sticker required; fee. (a) Except as provided in paragraph (b), a 7.3person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a 7.4snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural 7.5resources shall issue a sticker upon application and payment of a $15 fee. The fee for a 7.6three-year snowmobile state trail sticker that is purchased at the time of snowmobile 7.7registration is $30. In addition to other penalties prescribed by law, a person in violation 7.8of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker 7.9is valid from November 1 through June 30. Fees collected under this section, except for 7.10the issuing fee for licensing agents, shall be deposited in the state treasury and credited 7.11to the snowmobile trails and enforcement account in the natural resources fund and, 7.12except for the electronic licensing system commission established by the commissioner 7.13under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance, 7.14grooming, and easement acquisition. 7.15    (b) A state trail sticker is not required under this section for: 7.16    (1) a snowmobile owned by the state or a political subdivision of the state that is 7.17registered under section 84.82, subdivision 5; 7.18    (2) a snowmobile that is owned and used by the United States, new text begin an Indian tribal new text end 7.19 new text begin government, new text end another state, or a political subdivision thereof that is exempt from 7.20registration under section 84.82, subdivision 6; 7.21    (3) a collector snowmobile that is operated as provided in a special permit issued for 7.22the collector snowmobile under section 84.82, subdivision 7a; 7.23    (4) a person operating a snowmobile only on the portion of a trail that is owned by 7.24the person or the person's spouse, child, or parent; or 7.25    (5) a snowmobile while being used to groom a state or grant-in-aid trail. 7.26    (c) A temporary registration permit issued by a dealer under section 84.82, 7.27subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is 7.28included with the registration application fee. 7.29    Sec. 14. Minnesota Statutes 2008, section 84.92, subdivision 9, is amended to read: 7.30    Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an 7.31all-terrain vehicle that has a total dry weight of less than 900 new text begin 1,000 new text end pounds. 7.32    Sec. 15. Minnesota Statutes 2008, section 84.92, subdivision 10, is amended to read: 7.33    Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an 7.34all-terrain vehicle that has a total dry weight of 900 new text begin 1,000 new text end to 1,500 new text begin 1,800 new text end pounds. 8.1    Sec. 16. Minnesota Statutes 2009 Supplement, section 84.922, subdivision 1a, is 8.2amended to read: 8.3    Subd. 1a. Exemptions. All-terrain vehicles exempt from registration are: 8.4    (1) vehicles owned and used by the United States, new text begin an Indian tribal government, new text end the 8.5state, another state, or a political subdivision; 8.6    (2) vehicles registered in another state or country that have not been in this state for 8.7more than 30 consecutive days; 8.8(3) vehicles that: 8.9(i) are owned by a resident of another state or country that does not require 8.10registration of all-terrain vehicles; 8.11(ii) have not been in this state for more than 30 consecutive days; and 8.12(iii) are operated on state and grant-in-aid trails by a nonresident possessing a 8.13nonresident all-terrain vehicle state trail pass; 8.14    (4) vehicles used exclusively in organized track racing events; and 8.15    (5) vehicles that are 25 years old or older and were originally produced as a separate 8.16identifiable make by a manufacturer. 8.17    Sec. 17. Minnesota Statutes 2008, section 84.922, is amended by adding a subdivision 8.18to read: 8.19     new text begin Subd. 2b. new text end new text begin Collector unlimited use; exempt registration. new text end new text begin All-terrain vehicles may new text end 8.20 new text begin be issued an exempt registration if requested and the machine is at least 25 years old. new text end 8.21 new text begin Exempt registration is valid from the date of issuance until ownership of the all-terrain new text end 8.22 new text begin vehicle is transferred. Exempt registrations are not transferable. new text end 8.23    Sec. 18. Minnesota Statutes 2008, section 84.922, subdivision 5, is amended to read: 8.24    Subd. 5. Fees for registration. (a) The fee for a three-year registration of 8.25an all-terrain vehicle under this section, other than those registered by a dealer or 8.26manufacturer under paragraph (b) or (c), is: 8.27    (1) for public use, $45; 8.28    (2) for private use, $6; and 8.29    (3) for a duplicate or transfer, $4. 8.30    (b) The total registration fee for all-terrain vehicles owned by a dealer and operated 8.31for demonstration or testing purposes is $50 per year. Dealer registrations are not 8.32transferable. 9.1    (c) The total registration fee for all-terrain vehicles owned by a manufacturer and 9.2operated for research, testing, experimentation, or demonstration purposes is $150 per 9.3year. Manufacturer registrations are not transferable. 9.4    (d) new text begin The onetime fee for registration of an all-terrain vehicle under subdivision 2b new text end 9.5 new text begin is $6. new text end 9.6 new text begin (e) new text end The fees collected under this subdivision must be credited to the all-terrain 9.7vehicle account. 9.8    Sec. 19. Minnesota Statutes 2008, section 84.925, subdivision 1, is amended to read: 9.9    Subdivision 1. Program established. (a) The commissioner shall establish a 9.10comprehensive all-terrain vehicle environmental and safety education and training 9.11program, including the preparation and dissemination of vehicle information and safety 9.12advice to the public, the training of all-terrain vehicle operators, and the issuance of 9.13all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who 9.14successfully complete the all-terrain vehicle environmental and safety education and 9.15training course. 9.16(b) For the purpose of administering the program and to defray a portion of the 9.17expenses of training and certifying vehicle operators, the commissioner shall collect a fee 9.18of $15 from each person who receives the training. The commissioner shall collect a fee, 9.19to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle 9.20safety certificate. The commissioner shall establish the fee for a duplicate all-terrain 9.21vehicle safety certificate that neither significantly overrecovers nor underrecovers costs, 9.22including overhead costs, involved in providing the service. Fee proceeds, except for the 9.23issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain 9.24vehicle account in the natural resources fund. In addition to the fee established by the 9.25commissioner, instructors may charge each person the cost of new text begin up to the established fee new text end 9.26 new text begin amount for new text end class material new text begin materials new text end and expenses. 9.27(c) The commissioner shall cooperate with private organizations and associations, 9.28private and public corporations, and local governmental units in furtherance of the program 9.29established under this section. School districts may cooperate with the commissioner 9.30and volunteer instructors to provide space for the classroom portion of the training. The 9.31commissioner shall consult with the commissioner of public safety in regard to training 9.32program subject matter and performance testing that leads to the certification of vehicle 9.33operators. By June 30, 2003, the commissioner shall incorporate a riding component in 9.34the safety education and training program. 10.1    Sec. 20. Minnesota Statutes 2008, section 84.9256, subdivision 1, is amended to read: 10.2    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on 10.3public road rights-of-way that is permitted under section 84.928, a driver's license issued 10.4by the state or another state is required to operate an all-terrain vehicle along or on a 10.5public road right-of-way. 10.6    (b) A person under 12 years of age shall not: 10.7    (1) make a direct crossing of a public road right-of-way; 10.8    (2) operate an all-terrain vehicle on a public road right-of-way in the state; or 10.9    (3) operate an all-terrain vehicle on public lands or waters, except as provided in 10.10paragraph (f). 10.11    (c) Except for public road rights-of-way of interstate highways, a person 12 years 10.12of age but less than 16 years may make a direct crossing of a public road right-of-way 10.13of a trunk, county state-aid, or county highway or operate on public lands and waters or 10.14state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety 10.15certificate issued by the commissioner and is accompanied on another all-terrain vehicle 10.16by a person 18 years of age or older who holds a valid driver's license. 10.17    (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years 10.18old, but less than 16 years old, must: 10.19    (1) successfully complete the safety education and training program under section 10.2084.925, subdivision 1 , including a riding component; and 10.21    (2) be able to properly reach and control the handle bars and reach the foot pegs 10.22while sitting upright on the seat of the all-terrain vehicle. 10.23    (e) A person at least 11 years of age may take the safety education and training 10.24program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 10.25the certificate is not valid until the person reaches age 12. 10.26    (f) A person at least ten years of age but under 12 years of age may operate an 10.27all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if 10.28accompanied by a parent or legal guardian. 10.29    (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle. 10.30    (h) A person under the age of 16 may not operate an all-terrain vehicle on public 10.31lands or waters or on state or grant-in-aid trails if the person cannot properly reach and 10.32control the handle bars and reach the foot pegs while sitting upright on the seat of the 10.33all-terrain vehicle. 10.34 new text begin (i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than new text end 10.35 new text begin 16 years old, may make a direct crossing of a public road right-of-way of a trunk, county new text end 11.1 new text begin state-aid, or county highway or operate an all-terrain vehicle on public lands and waters new text end 11.2 new text begin or state or grant-in-aid trails if: new text end 11.3 new text begin (1) the nonresident youth has in possession evidence of completing an all-terrain new text end 11.4 new text begin safety course offered by the ATV Safety Institute or another state as provided in section new text end 11.5 new text begin 84.925, subdivision 3; and new text end 11.6 new text begin (2) the nonresident youth is accompanied by a person 18 years of age or older who new text end 11.7 new text begin holds a valid driver's license. new text end 11.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 11.9    Sec. 21. Minnesota Statutes 2009 Supplement, section 84.9275, subdivision 1, is 11.10amended to read: 11.11    Subdivision 1. Pass required; fee. (a) A nonresident may not operate an all-terrain 11.12vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid 11.13nonresident all-terrain vehicle state trail pass in immediate possession. The pass must 11.14be available for inspection by a peace officer, a conservation officer, or an employee 11.15designated under section 84.0835. 11.16(b) The commissioner of natural resources shall issue a pass upon application and 11.17payment of a $20 fee. The pass is valid from January 1 through December 31. Fees 11.18collected under this section, except for the issuing fee for licensing agents, shall be 11.19deposited in the state treasury and credited to the all-terrain vehicle account in the natural 11.20resources fund and, except for the electronic licensing system commission established by 11.21the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to 11.22counties and municipalities for all-terrain vehicle organizations to construct and maintain 11.23all-terrain vehicle trails and use areas. 11.24    (c) A nonresident all-terrain vehicle state trail pass is not required for: 11.25    (1) an all-terrain vehicle that is owned and used by the United States, another state, 11.26or a political subdivision thereof that is exempt from registration under section 84.922, 11.27subdivision 1a; or 11.28    (2) a person operating an all-terrain vehicle only on the portion of a trail that is 11.29owned by the person or the person's spouse, child, or parent. new text begin ; or new text end 11.30 new text begin (3) a nonresident operating an all-terrain vehicle that is registered according to new text end 11.31 new text begin section 84.922. new text end 11.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 12.1    Sec. 22. Minnesota Statutes 2009 Supplement, section 84.928, subdivision 1, is 12.2amended to read: 12.3    Subdivision 1. Operation on roads and rights-of-way. (a) Unless otherwise 12.4allowed in sections 84.92 to 84.928, a person shall not operate an all-terrain vehicle in 12.5this state along or on the roadway, shoulder, or inside bank or slope of a public road 12.6right-of-way of a trunk, county state-aid, or county highway. 12.7    (b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside 12.8bank or slope of a trunk, county state-aid, or county highway unless prohibited under 12.9paragraph (d) or (f). 12.10    (c) A person may operate a class 2 all-terrain vehicle within the public road 12.11right-of-way of a county state-aid or county highway on the extreme right-hand side of 12.12the road and left turns may be made from any part of the road if it is safe to do so under 12.13the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may 12.14operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a 12.15designated class 2 all-terrain vehicle trail. 12.16    (d) A road authority as defined under section 160.02, subdivision 25, may after a 12.17public hearing restrict the use of all-terrain vehicles in the public road right-of-way under 12.18its jurisdiction. 12.19    (e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the 12.20operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside 12.21bank or slope of a trunk, interstate, county state-aid, or county highway new text begin : new text end 12.22 new text begin (1) that is part of a funded grant-in-aid trail; or new text end 12.23 new text begin (2) new text end when the all-terrain vehicle is: 12.24    (1) owned by or operated under contract with a publicly or privately owned utility 12.25or pipeline company; and 12.26    (2) used for work on utilities or pipelines. 12.27    (f) The commissioner may limit the use of a right-of-way for a period of time if the 12.28commissioner determines that use of the right-of-way causes: 12.29    (1) degradation of vegetation on adjacent public property; 12.30    (2) siltation of waters of the state; 12.31    (3) impairment or enhancement to the act of taking game; or 12.32    (4) a threat to safety of the right-of-way users or to individuals on adjacent public 12.33property. 12.34    The commissioner must notify the road authority as soon as it is known that a closure 12.35will be ordered. The notice must state the reasons and duration of the closure. 13.1    (g) A person may operate an all-terrain vehicle registered for private use and used 13.2for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or 13.3county highway in this state if the all-terrain vehicle is operated on the extreme right-hand 13.4side of the road, and left turns may be made from any part of the road if it is safe to do so 13.5under the prevailing conditions. 13.6    (h) A person shall not operate an all-terrain vehicle within the public road 13.7right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in 13.8the agricultural zone unless the vehicle is being used exclusively as transportation to and 13.9from work on agricultural lands. This paragraph does not apply to an agent or employee 13.10of a road authority, as defined in section 160.02, subdivision 25, or the Department of 13.11Natural Resources when performing or exercising official duties or powers. 13.12    (i) A person shall not operate an all-terrain vehicle within the public road 13.13right-of-way of a trunk, county state-aid, or county highway between the hours of one-half 13.14hour after sunset to one-half hour before sunrise, except on the right-hand side of the 13.15right-of-way and in the same direction as the highway traffic on the nearest lane of the 13.16adjacent roadway. 13.17    (j) A person shall not operate an all-terrain vehicle at any time within the 13.18right-of-way of an interstate highway or freeway within this state. 13.19    Sec. 23. Minnesota Statutes 2008, section 84.928, subdivision 5, is amended to read: 13.20    Subd. 5. Organized contests, use of highways and public lands and waters. new text begin (a) new text end 13.21Nothing in this section or chapter 169 prohibits the use of all-terrain vehicles within the 13.22right-of-way of a state trunk or county state-aid highway or upon public lands or waters 13.23under the jurisdiction of the commissioner of natural resources, in an organized contest or 13.24event, subject to the consent of the official or board having jurisdiction over the highway 13.25or public lands or waters. 13.26 new text begin (b) new text end In permitting the contest or event, the official or board having jurisdiction may 13.27prescribe restrictions or conditions as they may deem advisable. 13.28 new text begin (c) Notwithstanding section 84.9256, subdivision 1, paragraph (b), a person under new text end 13.29 new text begin 12 years of age may operate an all-terrain vehicle in an organized contest on public lands new text end 13.30 new text begin or waters, if the all-terrain vehicle has an engine capacity of 90cc or less, the person new text end 13.31 new text begin complies with section 84.9256, subdivision 1, paragraph (h), and the person is supervised new text end 13.32 new text begin by a person 18 years of age or older. new text end 13.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 14.1    Sec. 24. Minnesota Statutes 2009 Supplement, section 85.015, subdivision 13, is 14.2amended to read: 14.3    Subd. 13. Arrowhead Region Trails, in Cook, Lake, St. Louis, Pine, Carlton, 14.4Koochiching, and Itasca Counties. (a)(1) The Taconite Trail shall originate at Ely in St. 14.5Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to 14.6McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in 14.7Itasca County and there terminate; 14.8(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County 14.9and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand 14.10Marais in Cook County, thence northeasterly to the international boundary in the vicinity 14.11of the north shore of Lake Superior, and there terminate; 14.12(3) The Grand Marais to International Falls Trail shall originate in Grand Marais 14.13in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area, 14.14to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to 14.15Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St. 14.16Louis County to International Falls in Koochiching County, and there terminate new text begin ; new text end 14.17 new text begin (4) The Minnesota-Wisconsin Boundary Trail shall originate in Duluth in St. Louis new text end 14.18 new text begin County and extend southerly to St. Croix State Forest in Pine County new text end . 14.19(b) The trails shall be developed primarily for riding and hiking. 14.20(c) In addition to the authority granted in subdivision 1, lands and interests in lands 14.21for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring 14.22any land or interest in land by eminent domain the commissioner of administration shall 14.23obtain the approval of the governor. The governor shall consult with the Legislative 14.24Advisory Commission before granting approval. Recommendations of the Legislative 14.25Advisory Commission shall be advisory only. Failure or refusal of the commission to 14.26make a recommendation shall be deemed a negative recommendation. 14.27    Sec. 25. Minnesota Statutes 2008, section 85.015, subdivision 14, is amended to read: 14.28    Subd. 14. Willard Munger Trail System, Chisago, Ramsey, Pine, St. Louis, 14.29Carlton, and Washington Counties. (a) The trail shall consist of six segments. One 14.30segment shall be known as the Gateway Trail and shall originate at the State Capitol 14.31and extend northerly and northeasterly to William O'Brien State Park, thence northerly 14.32to Taylors Falls in Chisago County. One segment shall be known as the Boundary Trail 14.33and shall originate in Chisago County and extend into Duluth in St. Louis new text begin Hinckley and new text end 14.34 new text begin Pine new text end County. One segment shall be known as the Browns Creek Trail and shall originate 14.35at Duluth Junction and extend into Stillwater in Washington County. One segment shall 15.1be known as the Munger Trail and shall originate at Hinckley in Pine County and extend 15.2through Moose Lake in Carlton County to Duluth in St. Louis County. One segment shall 15.3be known as the Alex Laveau Trail and shall originate in Carlton County at Carlton and 15.4extend through Wrenshall to the Minnesota-Wisconsin border. One segment shall be 15.5established that extends the trail to include the cities of Proctor, Duluth, and Hermantown 15.6in St. Louis County. 15.7    (b) The Gateway and Browns Creek Trails shall be developed primarily for hiking 15.8and nonmotorized riding and the remaining trails shall be developed primarily for riding 15.9and hiking. 15.10    (c) In addition to the authority granted in subdivision 1, lands and interests in lands 15.11for the Gateway and Browns Creek Trails may be acquired by eminent domain. 15.12    Sec. 26. Minnesota Statutes 2008, section 85.052, subdivision 4, is amended to read: 15.13    Subd. 4. Deposit of fees. (a) Fees paid for providing contracted products and 15.14services within a state park, state recreation area, or wayside, and for special state park 15.15uses under this section shall be deposited in the natural resources fund and credited to a 15.16state parks account. 15.17(b) Gross receipts derived from sales, rentals, or leases of natural resources within 15.18state parks, recreation areas, and waysides, other than those on trust fund lands, must be 15.19deposited in the state treasury and credited to the general fund new text begin state parks working capital new text end 15.20 new text begin account new text end . 15.21(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile 15.22materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle 15.23Recreation Area shall be deposited in the dedicated accounts in the natural resources fund 15.24from which the purchase of the stockpile material was made. 15.25    Sec. 27. Minnesota Statutes 2009 Supplement, section 85.053, subdivision 10, is 15.26amended to read: 15.27    Subd. 10. Free entrance; totally and permanently disabled veterans. The 15.28commissioner shall issue an annual park permit for no charge to any veteran with a total 15.29and permanent service-connected disability, new text begin and a daily park permit to any resident new text end 15.30 new text begin veteran with any level of service-connected disability, new text end as determined by the United States 15.31Department of Veterans Affairs, who presents each year a copy of their new text begin the veteran's new text end 15.32determination letter to a park attendant or commissioner's designee. For the purposes of 15.33this section, "veteran" has the meaning given in section 197.447. 15.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2010. new text end 16.1    Sec. 28. Minnesota Statutes 2008, section 85.22, subdivision 5, is amended to read: 16.2    Subd. 5. Exemption. Purchases new text begin for resale or rental new text end made from the state parks 16.3working capital fund new text begin account new text end are exempt from competitive bidding, notwithstanding 16.4chapter 16C. 16.5    Sec. 29. Minnesota Statutes 2008, section 85.32, subdivision 1, is amended to read: 16.6    Subdivision 1. Areas marked. The commissioner of natural resources is authorized 16.7in cooperation with local units of government and private individuals and groups when 16.8feasible to mark canoe and boating routes new text begin state water trails new text end on the Little Fork, Big Fork, 16.9Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, 16.10Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre 16.11within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in 16.12Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North, 16.13Sauk, Otter Tail, Redwood, new text begin Blue Earth, new text end and Crow Rivers which have historic and scenic 16.14values and to mark appropriately points of interest, portages, camp sites, and all dams, 16.15rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoe new text begin , new text end 16.16 new text begin kayak, new text end and watercraft travelers. 16.17    Sec. 30. Minnesota Statutes 2008, section 85.41, subdivision 3, is amended to read: 16.18    Subd. 3. Exemptions. new text begin (a) new text end Participants in cross-country ski races and official school 16.19activities and residents of a state or local government operated correctional facility are 16.20exempt from the pass requirement in subdivision 1 if a special use permit has been 16.21obtained by the organizers of the event or those in an official capacity in advance from the 16.22agency with jurisdiction over the cross-country ski trail. Permits shall require that permit 16.23holders return the trail and any associated facility to its original condition if any damage 16.24is done by the permittee. Limited permits for special events may be issued and shall 16.25require the removal of any trail markers, banners, and other material used in connection 16.26with the special event. 16.27 new text begin (b) Unless otherwise exempted under paragraph (a), students, teachers, and new text end 16.28 new text begin supervising adults engaged in school-sanctioned activities or other youth activities new text end 16.29 new text begin sponsored by a nonprofit organization are exempt from the pass requirements in new text end 16.30 new text begin subdivision 1. new text end 16.31    Sec. 31. Minnesota Statutes 2008, section 85.42, is amended to read: 16.3285.42 USER FEE; VALIDITY. 17.1(a) The fee for an annual cross-country ski pass is $14 new text begin $19 new text end for an individual age 16 17.2and over. The fee for a three-year pass is $39 new text begin $54 new text end for an individual age 16 and over. This 17.3fee shall be collected at the time the pass is purchased. Three-year passes are valid for 17.4three years beginning the previous July 1. Annual passes are valid for one year beginning 17.5the previous July 1. 17.6(b) The cost for a daily cross-country skier pass is $4 new text begin $5 new text end for an individual age 16 and 17.7over. This fee shall be collected at the time the pass is purchased. The daily pass is valid 17.8only for the date designated on the pass form. 17.9(c) A pass must be signed by the skier across the front of the pass to be valid and 17.10becomes nontransferable on signing. 17.11    Sec. 32. Minnesota Statutes 2008, section 85.43, is amended to read: 17.1285.43 DISPOSITION OF RECEIPTS; PURPOSE. 17.13 new text begin (a) new text end Fees from cross-country ski passes shall be deposited in the state treasury and 17.14credited to a cross-country ski account in the natural resources fund and, except for the 17.15electronic licensing system commission established by the commissioner under section 17.1684.027, subdivision 15 , are appropriated to the commissioner of natural resources for 17.17 new text begin the following purposes: new text end 17.18 new text begin (1) new text end grants-in-aid for cross-country ski trails sponsored by local units of government new text begin new text end 17.19 new text begin to: new text end 17.20 new text begin (i) counties and municipalities for construction and maintenance of cross-country new text end 17.21 new text begin ski trails; new text end and 17.22 new text begin (ii) new text end special park districts as provided in section 85.44 new text begin for construction and new text end 17.23 new text begin maintenance of cross-country ski trails; and new text end 17.24 new text begin (2) administration of the cross-country ski trail grant-in-aid program new text end . 17.25 new text begin (b) Development and maintenance of state cross-country ski trails are eligible for new text end 17.26 new text begin funding from the cross-country ski account if the money is appropriated by law. new text end 17.27    Sec. 33. Minnesota Statutes 2008, section 85.46, as amended by Laws 2009, chapter 17.2837, article 1, sections 22 to 24, is amended to read: 17.2985.46 HORSE TRAIL PASS. 17.30    Subdivision 1. Pass in possession. (a) Except as provided in paragraph (b), while 17.31riding, leading, or driving a horse on horse trails and associated day use areas on state 17.32trails, in state parks, in state recreation areas, and in state forests, new text begin on lands administered by new text end 17.33 new text begin the commissioner, new text end a person 16 years of age or over shall carry in immediate possession 18.1a valid horse trail pass. The pass must be available for inspection by a peace officer, a 18.2conservation officer, or an employee designated under section 84.0835. 18.3    (b) A valid horse trail pass is not required under this section for a person riding, 18.4leading, or driving a horse only on the portion of a horse trail new text begin property new text end that is owned by 18.5the person or the person's spouse, child, parent, or guardian. 18.6    Subd. 2. License agents. (a) The commissioner of natural resources may appoint 18.7agents to issue and sell horse trail passes. The commissioner may revoke the appointment 18.8of an agent at any time. 18.9(b) The commissioner may adopt additional rules as provided in section 97A.485, 18.10subdivision 11. An agent shall observe all rules adopted by the commissioner for the 18.11accounting and handling of passes according to section 97A.485, subdivision 11. 18.12(c) An agent must promptly deposit and remit all money received from the sale of 18.13passes, except issuing fees, to the commissioner. 18.14    Subd. 3. Issuance. The commissioner of natural resources and agents shall issue 18.15and sell horse trail passes. The pass shall include the applicant's signature and other 18.16information deemed necessary by the commissioner. To be valid, a daily or annual pass 18.17must be signed by the person riding, leading, or driving the horse, and a commercial 18.18annual pass must be signed by the owner of the commercial trail riding facility. 18.19    Subd. 4. Pass fees. (a) The fee for an annual horse trail pass is $20 for an individual 18.2016 years of age and over. The fee shall be collected at the time the pass is purchased. 18.21Annual passes are valid for one year beginning January 1 and ending December 31. 18.22(b) The fee for a daily horse trail pass is $4 for an individual 16 years of age and 18.23over. The fee shall be collected at the time the pass is purchased. The daily pass is valid 18.24only for the date designated on the pass form. 18.25(c) The fee for a commercial annual horse trail pass is $200 and includes issuance 18.26of 15 passes. Additional or individual commercial annual horse trail passes may be 18.27purchased by the commercial trail riding facility owner at a fee of $20 each. Commercial 18.28annual horse trail passes are valid for one year beginning January 1 and ending December 18.2931 and may be affixed to the horse tack, saddle, or person. Commercial annual horse trail 18.30passes are not transferable to another commercial trail riding facility. For the purposes of 18.31this section, a "commercial trail riding facility" is an operation where horses are used for 18.32riding instruction or other equestrian activities for hire or use by others. 18.33    Subd. 5. Issuing fee. In addition to the fee for a horse trail pass, an issuing fee of 18.34$1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass. 18.35Issuing fees for passes sold by the commissioner of natural resources shall be deposited 18.36in the state treasury and credited to the horse trail new text begin pass new text end account in the natural resources 19.1fund and are appropriated to the commissioner for the operation of the electronic licensing 19.2system. A pass shall indicate the amount of the fee that is retained by the seller. 19.3    Subd. 6. Disposition of receipts. Fees collected under this section, except for 19.4the issuing fee, shall be deposited in the state treasury and credited to the horse trail 19.5 new text begin pass new text end account in the natural resources fund. Except for the electronic licensing system 19.6commission established by the commissioner under section 84.027, subdivision 15, the 19.7fees are appropriated to the commissioner of natural resources for trail acquisition, trail and 19.8facility development, and maintenance, enforcement, and rehabilitation of horse trails or 19.9trails authorized for horse use, whether for riding, leading, or driving, on state trails and in 19.10state parks, state recreation areas, and state forests new text begin land administered by the commissioner new text end . 19.11    Subd. 7. Duplicate horse trail passes. The commissioner of natural resources and 19.12agents shall issue a duplicate pass to a person or commercial trail riding facility owner 19.13whose pass is lost or destroyed using the process established under section 97A.405, 19.14subdivision 3, and rules adopted thereunder. The fee for a duplicate horse trail pass is $2, 19.15with an issuing fee of 50 cents. 19.16    Sec. 34. Minnesota Statutes 2009 Supplement, section 86A.09, subdivision 1, is 19.17amended to read: 19.18    Subdivision 1. Master plan required. No construction of new facilities or other 19.19development of an authorized unit, other than repairs and maintenance, shall commence 19.20until the managing agency has prepared and submitted to the commissioner of natural 19.21resources and the commissioner has reviewed, pursuant to this section, a master plan for 19.22administration of the unit in conformity with this section. No master plan is required for 19.23wildlife management areas that do not have resident managers, new text begin for scientific and natural new text end 19.24 new text begin areas, new text end for water access sites, for aquatic management areas, for rest areas, or for boater 19.25waysides. 19.26    Sec. 35. Minnesota Statutes 2008, section 86B.301, subdivision 2, is amended to read: 19.27    Subd. 2. Exemptions. A watercraft license is not required for: 19.28(1) a watercraft that is covered by a license or number in full force and effect under 19.29federal law or a federally approved licensing or numbering system of another state, and 19.30has not been within this state for more than 90 consecutive days, which does not include 19.31days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior 19.32port or another port in the state; 19.33(2) a watercraft from a country other than the United States that has not been 19.34within this state for more than 90 consecutive days, which does not include days that a 20.1watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another 20.2port in the state; 20.3(3) a watercraft owned by the United States, new text begin an Indian tribal government, new text end a state, or 20.4a political subdivision of a state, except watercraft used for recreational purposes; 20.5(4) a ship's lifeboat; 20.6(5) a watercraft that has been issued a valid marine document by the United States 20.7government; 20.8(6) a duck boat during duck hunting season; 20.9(7) a rice boat during the harvest season; 20.10(8) a seaplane; and 20.11(9) a nonmotorized watercraft nine feet in length or less. 20.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective upon the state receiving written new text end 20.13 new text begin approval from the United States Coast Guard, as provided in United States Code, title 46, new text end 20.14 new text begin section 12303, and Code of Federal Regulations, title 33, section 174.7. new text end 20.15    Sec. 36. Minnesota Statutes 2008, section 88.17, subdivision 1, is amended to read: 20.16    Subdivision 1. Permit new text begin Permission new text end required. (a) A permit new text begin Permission new text end to start a fire 20.17to burn vegetative materials and other materials allowed by Minnesota Statutes or official 20.18state rules and regulations may be given by the commissioner or the commissioner's agent. 20.19This permission shall be in the form of: 20.20(1) a written permit issued by a forest officer, fire warden, or other person authorized 20.21by the commissioner; or 20.22(2) an electronic permit issued by the commissioner, an agent authorized by the 20.23commissioner, or an Internet site authorized by the commissioner new text begin ; or new text end 20.24 new text begin (3) a general permit adopted by the county board of commissioners according to new text end 20.25 new text begin paragraph (c) new text end . 20.26(b) new text begin Written and electronic new text end burning permits shall set the time and conditions by which 20.27the fire may be started and burned. The permit shall also specifically list the materials that 20.28may be burned. The permittee must have the permit on their person and shall produce 20.29the permit for inspection when requested to do so by a forest officer, conservation officer, 20.30or other peace officer. The permittee shall remain with the fire at all times and before 20.31leaving the site shall completely extinguish the fire. A person shall not start or cause a 20.32fire to be started on any land that is not owned or under their legal control without the 20.33written permission of the owner, lessee, or an agent of the owner or lessee of the land. 20.34Violating or exceeding the permit conditions shall constitute a misdemeanor and shall be 20.35cause for the permit to be revoked. 21.1 new text begin (c) A general burning permit may be adopted by the county board of commissioners new text end 21.2 new text begin in counties that are determined by the commissioner either to not be wildfire areas as new text end 21.3 new text begin defined in section 88.01, subdivision 6, or to otherwise have low potential for damage new text end 21.4 new text begin to life and property from wildfire. The commissioner shall consider the history of and new text end 21.5 new text begin potential for wildfire; the distribution of trees, brush, grasslands, and other vegetative new text end 21.6 new text begin material; and the distribution of property subject to damage from escaped fires. Upon a new text end 21.7 new text begin determination by the commissioner and adoption by a vote of the county board, permission new text end 21.8 new text begin for open burning is extended to all residents in the county without the need for individual new text end 21.9 new text begin written or electronic permits, provided burning conforms to all other provisions of this new text end 21.10 new text begin chapter, including those related to responsibility to control and extinguish fires, no burning new text end 21.11 new text begin of prohibited materials, and liability for damages caused by violations of this chapter. new text end 21.12 new text begin (d) Upon adoption of a general burning permit, a county must establish specific new text end 21.13 new text begin regulations by ordinance, to include at a minimum the time when and conditions under new text end 21.14 new text begin which fires may be started and burned. No ordinance may be less restrictive than state law. new text end 21.15 new text begin (e) At any time when the commissioner or the county board determines that a general new text end 21.16 new text begin burning permit is no longer in the public interest, the general permit may be canceled by new text end 21.17 new text begin mutual agreement of the commissioner and the county board. new text end 21.18    Sec. 37. Minnesota Statutes 2008, section 88.17, subdivision 3, is amended to read: 21.19    Subd. 3. Special permits. The following special permits are required at all times, 21.20including when the ground is snow-covered: 21.21(a) Fire training. A permit to start a fire for the instruction and training of 21.22firefighters, including liquid fuels training, may be given by the commissioner or agent of 21.23the commissioner. Except for owners or operators conducting fire training in specialized 21.24industrial settings pursuant to applicable federal, state, or local standards, owners 21.25or operators conducting open burning for the purpose of instruction and training of 21.26firefighters with regard to structures must follow the techniques described in a document 21.27entitled: Structural Burn Training Procedures for the Minnesota Technical College System. 21.28(b) Permanent tree and brush open burning sites. A permit for the operation of 21.29a permanent tree and brush burning site may be given by the commissioner or agent of 21.30the commissioner. Applicants for a permanent open burning site permit shall submit a 21.31complete application on a form provided by the commissioner. Existing permanent tree 21.32and brush open burning sites must submit for a permit within 90 days of the passage of 21.33this statute for a burning permit. New site applications must be submitted at least 90 21.34days before the date of the proposed operation of the permanent open burning site. The 21.35application must be submitted to the commissioner and must contain: 22.1(1) the name, address, and telephone number of all owners of the site proposed for 22.2use as the permanent open burning site; 22.3(2) if the operator for the proposed permanent open burning site is different from the 22.4owner, the name, address, and telephone number of the operator; 22.5(3) a general description of the materials to be burned, including the source and 22.6estimated quantity new text begin , dimensions of the site and burn pile areas, hours and dates of operation, new text end 22.7 new text begin and provisions for smoke management new text end ; and 22.8(4) a topographic or similarly detailed map of the site and surrounding area within 22.9a one mile circumference showing all structures that might be affected by the operation 22.10of the site. 22.11Only trees, tree trimmings, or brush that cannot be disposed of by an alternative 22.12method such as chipping, composting, or other method shall be permitted to be burned 22.13at a permanent open burning site. A permanent tree and brush open burning site must 22.14be located new text begin and operated new text end so as not to create a nuisance or endanger water quality. new text begin The new text end 22.15 new text begin commissioner shall revoke the permit or order actions to mitigate threats to public health, new text end 22.16 new text begin safety, and the environment in the event that permit conditions are violated. new text end 22.17    Sec. 38. Minnesota Statutes 2008, section 88.79, subdivision 2, is amended to read: 22.18    Subd. 2. Charge for service; receipts to special revenue fund. new text begin Notwithstanding new text end 22.19 new text begin section 16A.1283, new text end the commissioner of natural resources may charge the owner new text begin , by written new text end 22.20 new text begin order published in the State Register, establish fees the commissioner determines to be new text end 22.21 new text begin fair and reasonable that are charged to owners new text end receiving such services such sums as the 22.22commissioner shall determine to be fair and reasonable new text begin under subdivision 1 new text end . The charges 22.23must account for differences in the value of timber and other benefits. The receipts from 22.24such services shall be credited to the special revenue fund and are annually appropriated to 22.25the commissioner for the purposes specified in subdivision 1. 22.26    Sec. 39. Minnesota Statutes 2008, section 89.17, is amended to read: 22.2789.17 LEASES AND PERMITS. 22.28 new text begin Notwithstanding the permit procedures of chapter 90, new text end the commissioner shall have 22.29power to grant and execute, in the name of the state, leases and permits for the use of 22.30any forest lands under the authority of the commissioner for any purpose which in the 22.31commissioner's opinion is not inconsistent with the maintenance and management of the 22.32forest lands, on forestry principles for timber production. Every such lease or permit shall 22.33be revocable at the discretion of the commissioner at any time subject to such conditions 22.34as may be agreed on in the lease. The approval of the commissioner of administration 23.1shall not be required upon any such lease or permit. No such lease or permit for a period 23.2exceeding ten new text begin 50 new text end years shall be granted except with the approval of the Executive Council. 23.3Hunting of wild game is prohibited on any land which has been posted by the lessee 23.4to prohibit hunting. Such prohibition shall apply to all persons including the lessee new text begin Public new text end 23.5 new text begin access to the leased land for outdoor recreation shall be the same as access would be new text end 23.6 new text begin under state management new text end . 23.7    Sec. 40. Minnesota Statutes 2008, section 90.041, is amended by adding a subdivision 23.8to read: 23.9     new text begin Subd. 9. new text end new text begin Reoffering unsold timber. new text end new text begin To maintain and enhance forest ecosystems on new text end 23.10 new text begin state forest lands, the commissioner may reoffer timber tracts remaining unsold under the new text end 23.11 new text begin provisions of section 90.101 below appraised value at public auction with the required new text end 23.12 new text begin 30-day notice under section 90.101, subdivision 2. new text end 23.13    Sec. 41. Minnesota Statutes 2008, section 90.121, is amended to read: 23.1490.121 INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF 3,000 23.15CORDS. 23.16(a) The commissioner may sell the timber on any tract of state land in lots not 23.17exceeding 3,000 cords in volume, in the same manner as timber sold at public auction 23.18under section 90.101, and related laws, subject to the following special exceptions and 23.19limitations: 23.20(1) the commissioner shall offer all tracts authorized for sale by this section 23.21separately from the sale of tracts of state timber made pursuant to section 90.101; 23.22(2) no bidder may be awarded more than 25 percent of the total tracts offered at the 23.23first round of bidding unless fewer than four tracts are offered, in which case not more 23.24than one tract shall be awarded to one bidder. Any tract not sold at public auction may be 23.25offered for private sale as authorized by section 90.101, subdivision 1, to persons eligible 23.26under this section at the appraised value; and 23.27(3) no sale may be made to a person having more than 20 new text begin 30 new text end employees. For the 23.28purposes of this clause, "employee" means an individual working new text begin in the timber or wood new text end 23.29 new text begin products industry new text end for salary or wages on a full-time or part-time basis. 23.30(b) The auction sale procedure set forth in this section constitutes an additional 23.31alternative timber sale procedure available to the commissioner and is not intended to 23.32replace other authority possessed by the commissioner to sell timber in lots of 3,000 23.33cords or less. 24.1 new text begin (c) Another bidder or the commissioner may request that the number of employees a new text end 24.2 new text begin bidder has pursuant to paragraph (a), clause (3), be confirmed if there is evidence that the new text end 24.3 new text begin bidder may be ineligible due to exceeding the employee threshold. The commissioner new text end 24.4 new text begin shall request information from the commissioners of labor and industry and employment new text end 24.5 new text begin and economic development including the premiums paid by the bidder in question new text end 24.6 new text begin for workers' compensation insurance coverage for all employees of the bidder. The new text end 24.7 new text begin commissioner shall review the information submitted by the commissioners of labor and new text end 24.8 new text begin industry and employment and economic development and make a determination based on new text end 24.9 new text begin that information as to whether the bidder is eligible. A bidder is considered eligible and new text end 24.10 new text begin may participate in intermediate auctions until determined ineligible under this paragraph. new text end 24.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2006. new text end 24.12    Sec. 42. Minnesota Statutes 2008, section 90.14, is amended to read: 24.1390.14 AUCTION SALE PROCEDURE. 24.14(a) All state timber shall be offered and sold by the same unit of measurement as it 24.15was appraised. No tract shall be sold to any person other than the purchaser in whose name 24.16the bid was made. The commissioner may refuse to approve any and all bids received and 24.17cancel a sale of state timber for good and sufficient reasons. 24.18(b) The purchaser at any sale of timber shall, immediately upon the approval of the 24.19bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under 24.20section 90.101, subdivision 1, pay to the commissioner a down payment of 15 percent 24.21of the appraised value. In case any purchaser fails to make such payment, the purchaser 24.22shall be liable therefor to the state in a civil action, and the commissioner may reoffer the 24.23timber for sale as though no bid or sale under section 90.101, subdivision 1, therefor 24.24had been made. 24.25(c) In lieu of the scaling of state timber required by this chapter, a purchaser of 24.26state timber may, at the time of payment by the purchaser to the commissioner of 15 24.27percent of the appraised value, elect in writing on a form prescribed by the attorney 24.28general to purchase a permit based solely on the appraiser's estimate of the volume of 24.29timber described in the permit, provided that the commissioner has expressly designated 24.30the availability of such option for that tract on the list of tracts available for sale as 24.31required under section 90.101. A purchaser who elects in writing on a form prescribed 24.32by the attorney general to purchase a permit based solely on the appraiser's estimate of 24.33the volume of timber described on the permit does not have recourse to the provisions 24.34of section 90.281. 25.1(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall 25.2be awarded to the high bidder, who shall pay to the commissioner a down payment of 15 25.3percent of the appraised value within ten business days of receiving a written award 25.4notice new text begin that must be received or postmarked within 14 days of the date of the sealed bid new text end 25.5 new text begin opening new text end . If a purchaser fails to make the down payment, the purchaser is liable for the 25.6down payment to the state and the commissioner may offer the timber for sale to the next 25.7highest bidder as though no higher bid had been made. 25.8(e) Except as otherwise provided by law, at the time the purchaser signs a permit 25.9issued under section 90.151, the new text begin commissioner shall require the new text end purchaser shall new text begin to new text end make 25.10a bid guarantee payment to the commissioner in an amount equal to 15 percent of the 25.11total purchase price of the permit less the down payment amount required by paragraph 25.12(b) new text begin for any bid increase in excess of $5,000 of the appraised value new text end . If the new text begin a required new text end bid 25.13guarantee payment is not submitted with the signed permit, no harvesting may occur, the 25.14permit cancels, and the down payment for timber forfeits to the state. The bid guarantee 25.15payment forfeits to the state if the purchaser and successors in interest fail to execute 25.16an effective permit. 25.17    Sec. 43. Minnesota Statutes 2008, section 103A.305, is amended to read: 25.18103A.305 JURISDICTION. 25.19Sections 103A.301 to 103A.341 apply if the decision of an agency in a proceeding 25.20involves a question of water policy in one or more of the areas of water conservation, water 25.21pollution, preservation and management of wildlife, drainage, soil conservation, public 25.22recreation, forest management, and municipal planning under section 97A.135; 103A.411; 25.23103E.011 ; 103E.015; 103G.245; 103G.261; 103G.271; 103G.275; 103G.281; 103G.295, 25.24subdivisions 1 and 2 ; new text begin ; new text end 103G.297 to 103G.311; 103G.315, subdivisions 1, 10, 25.2511, and 12 ; 103G.401; 103G.405; 103I.681, subdivision 1; 115.04; or 115.05. 25.26    Sec. 44. Minnesota Statutes 2008, section 103F.325, is amended by adding a 25.27subdivision to read: 25.28     new text begin Subd. 6. new text end new text begin District boundary adjustments. new text end new text begin (a) Notwithstanding subdivision 1, the new text end 25.29 new text begin commissioner may, by written order, amend the boundary of the designated area according new text end 25.30 new text begin to this subdivision. At least 30 days prior to issuing the order, the commissioner must new text end 25.31 new text begin give notice of the proposed boundary amendment to the local governmental unit and new text end 25.32 new text begin property owners in the designated area directly affected by the amendment and publish new text end 25.33 new text begin notice in an official newspaper of general circulation in the county. The commissioner new text end 25.34 new text begin must consider comments received on the proposed boundary amendment and must make new text end 26.1 new text begin findings and issue a written order. The findings must address the consistency of the new text end 26.2 new text begin proposed amendment with the values for which the river was included in the system, and new text end 26.3 new text begin potential impacts to the scenic, recreational, natural, historical, and scientific values of the new text end 26.4 new text begin land and water within the designated area. new text end 26.5 new text begin (b) The commissioner's order is effective 30 days after issuing the order. Before new text end 26.6 new text begin the effective date, a local unit of government with jurisdiction in the affected area may new text end 26.7 new text begin contest the order under chapter 14. new text end 26.8 new text begin (c) Boundary amendments under this subdivision remain subject to the acreage new text end 26.9 new text begin limitations in this section. new text end 26.10    Sec. 45. Minnesota Statutes 2008, section 103F.335, subdivision 1, is amended to read: 26.11    Subdivision 1. Compliance of ordinances with system. (a) Within six months after 26.12establishment of a wild, scenic, or recreational river system, new text begin or within six months after new text end 26.13 new text begin revision of the management plan, new text end each local governmental unit with jurisdiction over a 26.14portion of the system shall adopt or amend its ordinances and land use district maps 26.15to the extent necessary to new text begin substantially new text end comply with the standards and criteria of the 26.16commissioner and the management plan. 26.17(b) If a local government fails to adopt adequate new text begin substantially compliant new text end ordinances, 26.18maps, or amendments within six months, the commissioner shall adopt the ordinances, 26.19maps, or amendments in the manner and with the effect specified in section 103F.215. 26.20(c) The commissioner shall assist local governments in the preparation, 26.21implementation, and enforcement of the ordinances. 26.22    Sec. 46. Minnesota Statutes 2009 Supplement, section 103G.201, is amended to read: 26.23103G.201 PUBLIC WATERS INVENTORY. 26.24(a) The commissioner shall maintain a public waters inventory map of each county 26.25that shows the waters of this state that are designated as public waters under the public 26.26waters inventory and classification procedures prescribed under Laws 1979, chapter 26.27199, and shall provide access to a copy of the maps and lists. As county public waters 26.28inventory maps and lists are revised according to this section, the commissioner shall send 26.29a notification or a copy of the maps and lists to the auditor of each affected county. 26.30(b) The commissioner is authorized to revise the list new text begin map new text end of public waters established 26.31under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously 26.32identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as 26.33wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify 26.34public waters wetlands as public waters if: 27.1(1) they are assigned a shoreland management classification by the commissioner 27.2under sections 103F.201 to 103F.221; 27.3(2) they are classified as lacustrine wetlands or deepwater habitats according to 27.4Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, 27.5et al., 1979 edition); or 27.6(3) the state or federal government has become titleholder to any of the beds or 27.7shores of the public waters wetlands, subsequent to the preparation of the public waters 27.8inventory map filed with the auditor of the county, pursuant to paragraph (a), and the 27.9responsible state or federal agency declares that the water is necessary for the purposes 27.10of the public ownership. 27.11(c) The commissioner must provide notice of the reclassification to the local 27.12government unit, the county board, the watershed district, if one exists for the area, and 27.13the soil and water conservation district. Within 60 days of receiving notice from the 27.14commissioner, a party required to receive the notice may provide a resolution stating 27.15objections to the reclassification. If the commissioner receives an objection from a party 27.16required to receive the notice, the reclassification is not effective. If the commissioner does 27.17not receive an objection from a party required to receive the notice, the reclassification 27.18of a wetland under paragraph (b) is effective 60 days after the notice is received by all 27.19of the parties. 27.20(d) The commissioner shall give priority to the reclassification of public waters 27.21wetlands that are or have the potential to be affected by public works projects. 27.22(e) The commissioner may revise the public waters inventory map and list of each 27.23county: 27.24(1) to reflect the changes authorized in paragraph (b); and 27.25(2) as needed, to: 27.26(i) correct errors in the original inventory; 27.27(ii) add or subtract trout stream tributaries within sections that contain a designated 27.28trout stream following written notice to the landowner; 27.29(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds 27.3050 acres and the shoreland has been zoned for residential development; and 27.31(iv) add or subtract public waters that have been created or eliminated as a 27.32requirement of a permit authorized by the commissioner under section 103G.245. 27.33    Sec. 47. Minnesota Statutes 2008, section 103G.271, subdivision 3, is amended to read: 27.34    Subd. 3. Permit restriction during summer months. The commissioner must not 27.35modify or restrict the amount of appropriation from a groundwater source authorized in a 28.1water use permit issued to irrigate agricultural land under section 103G.295, subdivision 28.22 , between May 1 and October 1, unless the commissioner determines the authorized 28.3amount of appropriation endangers a domestic water supply. 28.4    Sec. 48. new text begin [103G.282] MONITORING TO EVALUATE IMPACTS FROM new text end 28.5 new text begin APPROPRIATIONS. new text end 28.6     new text begin Subdivision 1. new text end new text begin Monitoring equipment. new text end new text begin The commissioner may require the new text end 28.7 new text begin installation and maintenance of monitoring equipment to evaluate water resource impacts new text end 28.8 new text begin from permitted appropriations and proposed projects that require a permit. Monitoring for new text end 28.9 new text begin water resources that supply more than one appropriator must be designed to minimize new text end 28.10 new text begin costs to individual appropriators. new text end 28.11     new text begin Subd. 2. new text end new text begin Measuring devices required. new text end new text begin Monitoring installations required under new text end 28.12 new text begin subdivision 1 must be equipped with automated measuring devices to measure water new text end 28.13 new text begin levels, flows, or conditions. The commissioner may determine the frequency of new text end 28.14 new text begin measurements and other measuring methods based on the quantity of water appropriated new text end 28.15 new text begin or used, the source of water, potential connections to other water resources, the method new text end 28.16 new text begin of appropriating or using water, seasonal and long-term changes in water levels, and any new text end 28.17 new text begin other facts supplied to the commissioner. new text end 28.18     new text begin Subd. 3. new text end new text begin Reports and costs. new text end new text begin (a) Records of water measurements under subdivision new text end 28.19 new text begin 2 must be kept for each installation. The measurements must be reported annually to the new text end 28.20 new text begin commissioner on or before February 15 of the following year in a format or on forms new text end 28.21 new text begin prescribed by the commissioner. new text end 28.22 new text begin (b) The owner or person in charge of an installation for appropriating or using new text end 28.23 new text begin waters of the state or a proposal that requires a permit is responsible for all costs related new text end 28.24 new text begin to establishing and maintaining monitoring installations and to measuring and reporting new text end 28.25 new text begin data. Monitoring costs for water resources that supply more than one appropriator may be new text end 28.26 new text begin distributed among all users within a monitoring area determined by the commissioner and new text end 28.27 new text begin assessed based on volumes of water appropriated and proximity to resources of concern. new text end 28.28    Sec. 49. Minnesota Statutes 2008, section 103G.285, subdivision 5, is amended to read: 28.29    Subd. 5. Trout streams. Permits issued after June 3, 1977, to appropriate water 28.30from streams designated trout streams by the commissioner's orders under section 28.31 new text begin 97C.005 new text end must be limited to temporary appropriations. 28.32    Sec. 50. new text begin [103G.287] GROUNDWATER APPROPRIATIONS. new text end 29.1     new text begin Subdivision 1. new text end new text begin Applications for groundwater appropriations. new text end new text begin (a) Groundwater new text end 29.2 new text begin use permit applications are not complete until the applicant has supplied: new text end 29.3 new text begin (1) a water well record as required by section new text end new text begin , subdivision 9, information new text end 29.4 new text begin on the subsurface geologic formations penetrated by the well and the formation or aquifer new text end 29.5 new text begin that will serve as the water source, and geologic information from test holes drilled to new text end 29.6 new text begin locate the site of the production well; new text end 29.7 new text begin (2) the maximum daily, seasonal, and annual pumpage rates and volumes being new text end 29.8 new text begin requested; new text end 29.9 new text begin (3) information on groundwater quality in terms of the measures of quality new text end 29.10 new text begin commonly specified for the proposed water use and details on water treatment necessary new text end 29.11 new text begin for the proposed use; new text end 29.12 new text begin (4) an inventory of existing wells within 1-1/2 miles of the proposed production well new text end 29.13 new text begin or within the area of influence, as determined by the commissioner. The inventory must new text end 29.14 new text begin include information on well locations, depths, geologic formations, depth of the pump or new text end 29.15 new text begin intake, pumping and nonpumping water levels, and details of well construction; and new text end 29.16 new text begin (5) the results of an aquifer test completed according to specifications approved by new text end 29.17 new text begin the commissioner. The test must be conducted at the maximum pumping rate requested new text end 29.18 new text begin in the application and for a length of time adequate to assess or predict impacts to other new text end 29.19 new text begin wells and surface water and groundwater resources. The permit applicant is responsible new text end 29.20 new text begin for all costs related to the aquifer test, including the construction of groundwater and new text end 29.21 new text begin surface water monitoring installations, and water level readings before, during, and after new text end 29.22 new text begin the aquifer test. new text end 29.23 new text begin (b) The commissioner may waive an application requirement in this subdivision new text end 29.24 new text begin if the information provided with the application is adequate to determine whether the new text end 29.25 new text begin proposed appropriation and use of water is sustainable and will protect ecosystems, water new text end 29.26 new text begin quality, and the ability of future generations to meet their own needs. new text end 29.27     new text begin Subd. 2. new text end new text begin Relationship to surface water resources. new text end new text begin Groundwater appropriations new text end 29.28 new text begin that have potential impacts to surface waters are subject to applicable provisions in new text end 29.29 new text begin section new text end new text begin . new text end 29.30     new text begin Subd. 3. new text end new text begin Protection of groundwater supplies. new text end new text begin The commissioner may establish new text end 29.31 new text begin water appropriation limits to protect groundwater resources. When establishing water new text end 29.32 new text begin appropriation limits to protect groundwater resources, the commissioner must consider new text end 29.33 new text begin the sustainability of the groundwater resource, including the current and projected water new text end 29.34 new text begin levels, water quality, whether the use protects ecosystems, and the ability of future new text end 29.35 new text begin generations to meet their own needs. new text end 30.1     new text begin Subd. 4. new text end new text begin Groundwater management areas. new text end new text begin The commissioner may designate new text end 30.2 new text begin groundwater management areas and limit total annual water appropriations and uses within new text end 30.3 new text begin a designated area to ensure sustainable use of groundwater that protects ecosystems, water new text end 30.4 new text begin quality, and the ability of future generations to meet their own needs. Water appropriations new text end 30.5 new text begin and uses within a designated management area must be consistent with a plan approved by new text end 30.6 new text begin the commissioner that addresses water conservation requirements and water allocation new text end 30.7 new text begin priorities established in section new text end new text begin . new text end 30.8     new text begin Subd. 5. new text end new text begin Interference with other wells. new text end new text begin The commissioner may issue water use new text end 30.9 new text begin permits for appropriation from groundwater only if the commissioner determines that the new text end 30.10 new text begin groundwater use is sustainable to supply the needs of future generations and the proposed new text end 30.11 new text begin use will not harm ecosystems, degrade water, or reduce water levels beyond the reach new text end 30.12 new text begin of public water supply and private domestic wells constructed according to Minnesota new text end 30.13 new text begin Rules, chapter 4725. new text end 30.14    Sec. 51. Minnesota Statutes 2008, section 103G.301, subdivision 6, is amended to read: 30.15    Subd. 6. Filing application. (a) An application for a permit must be filed with the 30.16commissioner and if the proposed activity for which the permit is requested is within a 30.17municipality, or is within or affects a watershed district or a soil and water conservation 30.18district, a copy of the application with maps, plans, and specifications must be served on 30.19the mayor of the municipality, the secretary of the board of managers of the watershed 30.20district, and the secretary of the board of supervisors of the soil and water conservation 30.21district. 30.22(b) If the application is required to be served on a local governmental unit under 30.23this subdivision, proof of service must be included with the application and filed with 30.24the commissioner. 30.25    Sec. 52. Minnesota Statutes 2008, section 103G.305, subdivision 2, is amended to read: 30.26    Subd. 2. Exception. The requirements of subdivision 1 do not apply to applications 30.27for a water use permit for: 30.28(1) appropriations from waters of the state for irrigation, under section ; 30.29(2) appropriations for diversion from the basin of origin of more than 2,000,000 30.30gallons per day average in a 30-day period; or 30.31(3) new text begin (2) new text end appropriations with a consumptive use of more than 2,000,000 gallons per 30.32day average for a 30-day period. 31.1    Sec. 53. Minnesota Statutes 2008, section 103G.315, subdivision 11, is amended to 31.2read: 31.3    Subd. 11. Limitations on permits. (a) Except as otherwise expressly provided by 31.4law, a permit issued by the commissioner under this chapter is subject to: 31.5(1) cancellation by the commissioner at any time if necessary to protect the public 31.6interests; 31.7(2) further conditions on the term of the permit or its cancellation as the 31.8commissioner may prescribe and amend and reissue the permit; and 31.9(3) applicable law existing before or after the issuance of the permit. 31.10(b) Permits issued to irrigate agricultural land under section , or considered 31.11issued, are subject to this subdivision and are subject to cancellation by the commissioner 31.12upon the recommendation of the supervisors of the soil and water conservation district 31.13where the land to be irrigated is located. 31.14    Sec. 54. Minnesota Statutes 2008, section 103G.515, subdivision 5, is amended to read: 31.15    Subd. 5. Removal of hazardous dams. Notwithstanding any provision of 31.16this section or of section 103G.511 relating to cost sharing or apportionment, the 31.17commissioner, within the limits of legislative appropriation, may assume or pay the entire 31.18cost of removal of a privately or publicly owned dam upon determining new text begin removal provides new text end 31.19 new text begin the lowest cost solution and: new text end 31.20 new text begin (1) new text end that continued existence of the structure presents a significant public safety 31.21hazard, or prevents restoration of an important fisheries resource, new text begin ; new text end or 31.22 new text begin (2) new text end that public or private property is being damaged due to partial failure of the 31.23structure, and that an attempt to assess costs of removal against the private or public 31.24owner would be of no avail. 31.25    Sec. 55. new text begin [103G.651] REMOVING SUNKEN LOGS FROM PUBLIC WATERS. new text end 31.26 new text begin The commissioner of natural resources must not issue leases to remove sunken logs new text end 31.27 new text begin or issue permits for the removal of sunken logs from public waters. new text end 31.28    Sec. 56. Minnesota Statutes 2008, section 115.55, is amended by adding a subdivision 31.29to read: 31.30     new text begin Subd. 13. new text end new text begin Subsurface sewage treatment systems implementation and new text end 31.31 new text begin enforcement task force. new text end new text begin (a) By September 1, 2010, the agency shall appoint a subsurface new text end 31.32 new text begin sewage treatment systems implementation and enforcement task force in collaboration new text end 31.33 new text begin with the Association of Minnesota Counties, Minnesota Association of Realtors, new text end 32.1 new text begin Minnesota Association of County Planning and Zoning Administrators, and the Minnesota new text end 32.2 new text begin Onsite Wastewater Association. The agency shall work in collaboration with the task new text end 32.3 new text begin force to develop effective and timely implementation and enforcement methods in order to new text end 32.4 new text begin rapidly reduce the number of subsurface sewage treatment systems that are an imminent new text end 32.5 new text begin threat to public health or safety and effectively enforce all violations of the subsurface new text end 32.6 new text begin sewage treatment system rules. The agency shall meet at least three times per year with new text end 32.7 new text begin the task force to address implementation and enforcement issues. The meetings shall be new text end 32.8 new text begin scheduled so that they do not interfere with the construction season. new text end 32.9 new text begin (b) The agency, in collaboration with the task force and in consultation with the new text end 32.10 new text begin attorney general, county attorneys, and county planning and zoning staff, shall develop, new text end 32.11 new text begin periodically update, and provide to counties enforcement protocols and a checklist that new text end 32.12 new text begin county inspectors, field staff, and others may use when inspecting subsurface sewage new text end 32.13 new text begin treatment systems and enforcing subsurface sewage treatment system rules. new text end 32.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 32.15    Sec. 57. Minnesota Statutes 2008, section 116.07, subdivision 4, is amended to read: 32.16    Subd. 4. Rules and standards. Pursuant and subject to the provisions of chapter 14, 32.17and the provisions hereof, the Pollution Control Agency may adopt, amend and rescind 32.18rules and standards having the force of law relating to any purpose within the provisions 32.19of Laws 1967, chapter 882, for the prevention, abatement, or control of air pollution. 32.20Any such rule or standard may be of general application throughout the state, or may be 32.21limited as to times, places, circumstances, or conditions in order to make due allowance 32.22for variations therein. Without limitation, rules or standards may relate to sources or 32.23emissions of air contamination or air pollution, to the quality or composition of such 32.24emissions, or to the quality of or composition of the ambient air or outdoor atmosphere or 32.25to any other matter relevant to the prevention, abatement, or control of air pollution. 32.26    Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the 32.27Pollution Control Agency may adopt, amend, and rescind rules and standards having 32.28the force of law relating to any purpose within the provisions of Laws 1969, chapter 32.291046, for the collection, transportation, storage, processing, and disposal of solid waste 32.30and the prevention, abatement, or control of water, air, and land pollution which may be 32.31related thereto, and the deposit in or on land of any other material that may tend to cause 32.32pollution. The agency shall adopt such rules and standards for sewage sludge, addressing 32.33the intrinsic suitability of land, the volume and rate of application of sewage sludge of 32.34various degrees of intrinsic hazard, design of facilities, and operation of facilities and sites. 32.35Any such rule or standard may be of general application throughout the state or may be 33.1limited as to times, places, circumstances, or conditions in order to make due allowance 33.2for variations therein. Without limitation, rules or standards may relate to collection, 33.3transportation, processing, disposal, equipment, location, procedures, methods, systems 33.4or techniques or to any other matter relevant to the prevention, abatement or control of 33.5water, air, and land pollution which may be advised through the control of collection, 33.6transportation, processing, and disposal of solid waste and sewage sludge, and the deposit 33.7in or on land of any other material that may tend to cause pollution. By January 1, 1983, 33.8the rules for the management of sewage sludge shall include an analysis of the sewage 33.9sludge determined by the commissioner of agriculture to be necessary to meet the soil 33.10amendment labeling requirements of section 18C.215. The rules for the disposal of 33.11solid waste shall include site-specific criteria to prohibit solid waste disposal based on 33.12the area's sensitivity to groundwater contamination, including site-specific testing. new text begin The new text end 33.13 new text begin rules shall provide criteria to prohibit locating landfills based on a site's sensitivity to new text end 33.14 new text begin groundwater contamination. Sensitivity to groundwater contamination is based on the new text end 33.15 new text begin predicted minimum time of travel of groundwater contaminants from the solid waste to new text end 33.16 new text begin the compliance boundary. The rules shall prohibit landfills in areas where karst is likely new text end 33.17 new text begin to develop. The rules shall specify testable or otherwise objective thresholds for these new text end 33.18 new text begin criteria. new text end The rules shall also include modifications to financial assurance requirements 33.19under subdivision 4h that ensure the state is protected from financial responsibility for 33.20future groundwater contamination. new text begin The financial assurance and siting modifications to the new text end 33.21 new text begin rules specified in this act do not apply to solid waste facilities initially permitted before new text end 33.22 new text begin January 1, 2011, including future contiguous expansions and noncontiguous expansions new text end 33.23 new text begin within 600 yards of a permitted boundary. The rule modification shall not affect solid new text end 33.24 new text begin waste disposal facilities that accept only construction and demolition debris and incidental new text end 33.25 new text begin nonrecyclable packaging, and facilities that accept only industrial waste that is limited new text end 33.26 new text begin to wood, concrete, porcelain fixtures, shingles, or window glass resulting from the new text end 33.27 new text begin manufacture of construction materials. The rule amendment shall not require new siting or new text end 33.28 new text begin financial assurance requirements for permit by rule solid waste disposal facilities. new text end Until 33.29the rules are modified to include site-specific criteria to prohibit areas from solid waste 33.30disposal due to groundwater contamination sensitivity, as required under this section, the 33.31agency shall not issue a permit for a new solid waste disposal facility, except for: 33.32    (1) the reissuance of a permit for a land disposal facility operating as of March 33.331, 2008; 33.34    (2) a permit to expand a land disposal facility operating as of March 1, 2008, beyond 33.35its permitted boundaries, including expansion on land that is not contiguous to, but is 33.36located within 600 yards of, the land disposal facility's permitted boundaries; 34.1    (3) a permit to modify the type of waste accepted at a land disposal facility operating 34.2as of March 1, 2008; 34.3    (4) a permit to locate a disposal facility that accepts only construction debris as 34.4defined in section 115A.03, subdivision 7; 34.5    (5) a permit to locate a disposal facility that: 34.6    (i) accepts boiler ash from an electric energy power plant that has wet scrubbed units 34.7or has units that have been converted from wet scrubbed units to dry scrubbed units as 34.8those terms are defined in section 216B.68; 34.9    (ii) is on land that was owned on May 1, 2008, by the utility operating the electric 34.10energy power plant; and 34.11    (iii) is located within three miles of the existing ash disposal facility for the power 34.12plant; or 34.13    (6) a permit to locate a new solid waste disposal facility for ferrous metallic minerals 34.14regulated under Minnesota Rules, chapter 6130, or for nonferrous metallic minerals 34.15regulated under Minnesota Rules, chapter 6132. 34.16    Pursuant and subject to the provisions of chapter 14, and the provisions hereof, the 34.17Pollution Control Agency may adopt, amend and rescind rules and standards having the 34.18force of law relating to any purpose within the provisions of Laws 1971, chapter 727, for 34.19the prevention, abatement, or control of noise pollution. Any such rule or standard may 34.20be of general application throughout the state, or may be limited as to times, places, 34.21circumstances or conditions in order to make due allowances for variations therein. 34.22Without limitation, rules or standards may relate to sources or emissions of noise or noise 34.23pollution, to the quality or composition of noises in the natural environment, or to any 34.24other matter relevant to the prevention, abatement, or control of noise pollution. 34.25    As to any matters subject to this chapter, local units of government may set emission 34.26regulations with respect to stationary sources which are more stringent than those set 34.27by the Pollution Control Agency. 34.28    Pursuant to chapter 14, the Pollution Control Agency may adopt, amend, and rescind 34.29rules and standards having the force of law relating to any purpose within the provisions of 34.30this chapter for generators of hazardous waste, the management, identification, labeling, 34.31classification, storage, collection, treatment, transportation, processing, and disposal 34.32of hazardous waste and the location of hazardous waste facilities. A rule or standard 34.33may be of general application throughout the state or may be limited as to time, places, 34.34circumstances, or conditions. In implementing its hazardous waste rules, the Pollution 34.35Control Agency shall give high priority to providing planning and technical assistance 34.36to hazardous waste generators. The agency shall assist generators in investigating the 35.1availability and feasibility of both interim and long-term hazardous waste management 35.2methods. The methods shall include waste reduction, waste separation, waste processing, 35.3resource recovery, and temporary storage. 35.4    The Pollution Control Agency shall give highest priority in the consideration of 35.5permits to authorize disposal of diseased shade trees by open burning at designated sites to 35.6evidence concerning economic costs of transportation and disposal of diseased shade trees 35.7by alternative methods. 35.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.9    Sec. 58. Minnesota Statutes 2008, section 116.07, subdivision 4h, is amended to read: 35.10    Subd. 4h. Financial responsibility rules. (a) The agency shall adopt rules requiring 35.11the operator or owner of a solid waste disposal facility to submit to the agency proof of the 35.12operator's or owner's financial capability to provide reasonable and necessary response 35.13during the operating life of the facility and for new text begin a minimum of new text end 30 years after closure for a 35.14mixed municipal solid waste disposal facility or for a minimum of 20 years after closure, 35.15as determined by agency rules, for any other solid waste disposal facility, and to provide 35.16for the closure of the facility and postclosure care required under agency rules. Proof of 35.17financial responsibility is required of the operator or owner of a facility receiving an 35.18original permit or a permit for expansion after adoption of the rules. Within 180 days of 35.19the effective date of the rules or by July 1, 1987, whichever is later, proof of financial 35.20responsibility is required of an operator or owner of a facility with a remaining capacity of 35.21more than five years or 500,000 cubic yards that is in operation at the time the rules are 35.22adopted. Compliance with the rules and the requirements of paragraph (b) is a condition 35.23of obtaining or retaining a permit to operate the facility. 35.24(b) A municipality, as defined in section 475.51, subdivision 2, including a sanitary 35.25district, that owns or operates a solid waste disposal facility that was in operation on May 35.2615, 1989, may meet its financial responsibility for all or a portion of the contingency 35.27action portion of the reasonable and necessary response costs at the facility by pledging its 35.28full faith and credit to meet its responsibility. 35.29The pledge must be made in accordance with the requirements in chapter 475 for 35.30issuing bonds of the municipality, and the following additional requirements: 35.31(1) The governing body of the municipality shall enact an ordinance that clearly 35.32accepts responsibility for the costs of contingency action at the facility and that reserves, 35.33during the operating life of the facility and for the time period required in paragraph (a) 35.34after closure, a portion of the debt limit of the municipality, as established under section 35.35475.53 or other law, that is equal to the total contingency action costs. 36.1(2) The municipality shall require that all collectors that haul to the facility 36.2implement a plan for reducing solid waste by using volume-based pricing, recycling 36.3incentives, or other means. 36.4(3) When a municipality opts to meet a portion of its financial responsibility by 36.5relying on its authority to issue bonds, it shall also begin setting aside in a dedicated 36.6long-term care trust fund money that will cover a portion of the potential contingency 36.7action costs at the facility, the amount to be determined by the agency for each facility 36.8based on at least the amount of waste deposited in the disposal facility each year, and the 36.9likelihood and potential timing of conditions arising at the facility that will necessitate 36.10response action. The agency may not require a municipality to set aside more than five 36.11percent of the total cost in a single year. 36.12(4) A municipality shall have and consistently maintain an investment grade bond 36.13rating as a condition of using bonding authority to meet financial responsibility under 36.14this section. 36.15(5) The municipality shall file with the commissioner of revenue its consent to have 36.16the amount of its contingency action costs deducted from state aid payments otherwise 36.17due the municipality and paid instead to the remediation fund created in section 116.155, 36.18if the municipality fails to conduct the contingency action at the facility when ordered 36.19by the agency. If the agency notifies the commissioner that the municipality has failed to 36.20conduct contingency action when ordered by the agency, the commissioner shall deduct 36.21the amounts indicated by the agency from the state aids in accordance with the consent 36.22filed with the commissioner. 36.23(6) The municipality shall file with the agency written proof that it has complied 36.24with the requirements of paragraph (b). 36.25(c) The method for proving financial responsibility under paragraph (b) may not be 36.26applied to a new solid waste disposal facility or to expansion of an existing facility, unless 36.27the expansion is a vertical expansion. Vertical expansions of qualifying existing facilities 36.28cannot be permitted for a duration of longer than three years. 36.29 new text begin (d) The commissioner shall consult with the commissioner of management and new text end 36.30 new text begin budget for guidance on the forms of financial assurance that are acceptable for private new text end 36.31 new text begin owners and public owners, and in carrying out a periodic review of the adequacy of new text end 36.32 new text begin financial assurance for solid waste disposal facilities. Financial assurance rules shall new text end 36.33 new text begin allow financial mechanisms to public owners of solid waste disposal facilities that are new text end 36.34 new text begin appropriate to their status as subdivisions of the state. new text end 36.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 37.1    Sec. 59. Minnesota Statutes 2008, section 116D.04, subdivision 2a, is amended to read: 37.2    Subd. 2a. When prepared. Where there is potential for significant environmental 37.3effects resulting from any major governmental action, the action shall be preceded by a 37.4detailed environmental impact statement prepared by the responsible governmental unit. 37.5The environmental impact statement shall be an analytical rather than an encyclopedic 37.6document which describes the proposed action in detail, analyzes its significant 37.7environmental impacts, discusses appropriate alternatives to the proposed action and 37.8their impacts, and explores methods by which adverse environmental impacts of an 37.9action could be mitigated. The environmental impact statement shall also analyze those 37.10economic, employment and sociological effects that cannot be avoided should the action 37.11be implemented. To ensure its use in the decision-making process, the environmental 37.12impact statement shall be prepared as early as practical in the formulation of an action. 37.13No mandatory environmental impact statement may be required for an ethanol plant, 37.14as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than 37.15125,000,000 gallons of ethanol annually and is located outside of the seven-county 37.16metropolitan area. 37.17(a) The board shall by rule establish categories of actions for which environmental 37.18impact statements and for which environmental assessment worksheets shall be prepared 37.19as well as categories of actions for which no environmental review is required under 37.20this section. 37.21(b) The responsible governmental unit shall promptly publish notice of the 37.22completion of an environmental assessment worksheet in a manner to be determined by 37.23the board and shall provide copies of the environmental assessment worksheet to the board 37.24and its member agencies. Comments on the need for an environmental impact statement 37.25may be submitted to the responsible governmental unit during a 30 day period following 37.26publication of the notice that an environmental assessment worksheet has been completed. 37.27The responsible governmental unit's decision on the need for an environmental impact 37.28statement shall be based on the environmental assessment worksheet and the comments 37.29received during the comment period, and shall be made within 15 days after the close of 37.30the comment period. The board's chair may extend the 15 day period by not more than 15 37.31additional days upon the request of the responsible governmental unit. 37.32(c) An environmental assessment worksheet shall also be prepared for a proposed 37.33action whenever material evidence accompanying a petition by not less than 25 37.34individuals, submitted before the proposed project has received final approval by the 37.35appropriate governmental units, demonstrates that, because of the nature or location of a 37.36proposed action, there may be potential for significant environmental effects. Petitions 38.1requesting the preparation of an environmental assessment worksheet shall be submitted to 38.2the board. The chair of the board shall determine the appropriate responsible governmental 38.3unit and forward the petition to it. A decision on the need for an environmental assessment 38.4worksheet shall be made by the responsible governmental unit within 15 days after the 38.5petition is received by the responsible governmental unit. The board's chair may extend 38.6the 15 day period by not more than 15 additional days upon request of the responsible 38.7governmental unit. 38.8(d) Except in an environmentally sensitive location where Minnesota Rules, part 38.94410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 38.10review under this chapter and rules of the board, if: 38.11(1) the proposed action is: 38.12(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or 38.13(ii) an expansion of an existing animal feedlot facility with a total cumulative 38.14capacity of less than 1,000 animal units; 38.15(2) the application for the animal feedlot facility includes a written commitment by 38.16the proposer to design, construct, and operate the facility in full compliance with Pollution 38.17Control Agency feedlot rules; and 38.18(3) the county board holds a public meeting for citizen input at least ten business 38.19days prior to the Pollution Control Agency or county issuing a feedlot permit for the 38.20animal feedlot facility unless another public meeting for citizen input has been held with 38.21regard to the feedlot facility to be permitted. The exemption in this paragraph is in 38.22addition to other exemptions provided under other law and rules of the board. 38.23(e) The board may, prior to final approval of a proposed project, require preparation 38.24of an environmental assessment worksheet by a responsible governmental unit selected 38.25by the board for any action where environmental review under this section has not been 38.26specifically provided for by rule or otherwise initiated. 38.27(f) An early and open process shall be utilized to limit the scope of the environmental 38.28impact statement to a discussion of those impacts, which, because of the nature or location 38.29of the project, have the potential for significant environmental effects. The same process 38.30shall be utilized to determine the form, content and level of detail of the statement as well 38.31as the alternatives which are appropriate for consideration in the statement. In addition, 38.32the permits which will be required for the proposed action shall be identified during the 38.33scoping process. Further, the process shall identify those permits for which information 38.34will be developed concurrently with the environmental impact statement. The board 38.35shall provide in its rules for the expeditious completion of the scoping process. The 39.1determinations reached in the process shall be incorporated into the order requiring the 39.2preparation of an environmental impact statement. 39.3(g) new text begin The responsible governmental unit shall, to the extent practicable, avoid new text end 39.4 new text begin duplication and ensure coordination between state and federal environmental review new text end 39.5 new text begin and between environmental review and environmental permitting. new text end Whenever practical, 39.6information needed by a governmental unit for making final decisions on permits or 39.7other actions required for a proposed project shall be developed in conjunction with the 39.8preparation of an environmental impact statement. 39.9(h) An environmental impact statement shall be prepared and its adequacy 39.10determined within 280 days after notice of its preparation unless the time is extended by 39.11consent of the parties or by the governor for good cause. The responsible governmental 39.12unit shall determine the adequacy of an environmental impact statement, unless within 60 39.13days after notice is published that an environmental impact statement will be prepared, 39.14the board chooses to determine the adequacy of an environmental impact statement. If an 39.15environmental impact statement is found to be inadequate, the responsible governmental 39.16unit shall have 60 days to prepare an adequate environmental impact statement. 39.17    Sec. 60. Minnesota Statutes 2008, section 116D.04, is amended by adding a 39.18subdivision to read: 39.19     new text begin Subd. 14. new text end new text begin Customized environmental assessment worksheet forms; electronic new text end 39.20 new text begin submission. new text end new text begin (a) The commissioners of natural resources and the Pollution Control new text end 39.21 new text begin Agency and the board shall periodically review mandatory environmental assessment new text end 39.22 new text begin worksheet categories under rules adopted under this section, and other project types that new text end 39.23 new text begin are frequently subject to environmental review, and develop customized environmental new text end 39.24 new text begin assessment worksheet forms for the category or project type. The forms must include new text end 39.25 new text begin specific questions that focus on key environmental issues for the category or project type. new text end 39.26 new text begin In assessing categories and project types and developing forms, the board shall seek new text end 39.27 new text begin the input of governmental units that are frequently responsible for the preparation of a new text end 39.28 new text begin worksheet for the particular category or project type. The commissioners and the board new text end 39.29 new text begin shall also seek input from the general public on the development of customized forms. new text end 39.30 new text begin The commissioners and board shall make the customized forms available online. new text end 39.31 new text begin (b) The commissioners of natural resources and the Pollution Control Agency shall new text end 39.32 new text begin allow for the electronic submission of environmental assessment worksheets and permits. new text end 39.33    Sec. 61. Minnesota Statutes 2008, section 290.431, is amended to read: 39.34290.431 NONGAME WILDLIFE CHECKOFF. 40.1Every individual who files an income tax return or property tax refund claim form 40.2may designate on their original return that $1 or more shall be added to the tax or deducted 40.3from the refund that would otherwise be payable by or to that individual and paid into an 40.4account to be established for the management of nongame wildlife. The commissioner 40.5of revenue shall, on the income tax return and the property tax refund claim form, notify 40.6filers of their right to designate that a portion of their tax or refund shall be paid into 40.7the nongame wildlife management account. The sum of the amounts so designated to 40.8be paid shall be credited to the nongame wildlife management account for use by the 40.9nongame program of the section of wildlife in the Department of Natural Resources. All 40.10interest earned on money accrued, gifts to the program, contributions to the program, and 40.11reimbursements of expenditures in the nongame wildlife management account shall be 40.12credited to the account by the commissioner of management and budget, except that 40.13gifts or contributions received directly by the commissioner of natural resources and 40.14directed by the contributor for use in specific nongame field projects or geographic 40.15areas shall be handled according to section 84.085, subdivision 1. The commissioner 40.16of natural resources shall submit a work program for each fiscal year and semiannual 40.17progress reports to the Legislative-Citizen Commission on Minnesota Resources in the 40.18form determined by the commission. None of the money provided in this section may be 40.19expended unless the commission has approved the work program. 40.20The state pledges and agrees with all contributors to the nongame wildlife 40.21management account to use the funds contributed solely for the management of nongame 40.22wildlife projects and further agrees that it will not impose additional conditions or 40.23restrictions that will limit or otherwise restrict the ability of the commissioner of natural 40.24resources to use the available funds for the most efficient and effective management of 40.25nongame wildlife. new text begin The commissioner may use funds appropriated for nongame wildlife new text end 40.26 new text begin programs for the purpose of developing, preserving, restoring, and maintaining wintering new text end 40.27 new text begin habitat for neotropical migrant birds in Latin America and the Caribbean under agreement new text end 40.28 new text begin or contract with any nonprofit organization dedicated to the construction, maintenance, and new text end 40.29 new text begin repair of such projects that are acceptable to the governmental agency having jurisdiction new text end 40.30 new text begin over the land and water affected by the projects. Under this authority, the commissioner new text end 40.31 new text begin may execute agreements and contracts if the commissioner determines that the use of the new text end 40.32 new text begin funds will benefit neotropical migrant birds that breed in or migrate through the state. new text end 40.33    Sec. 62. Minnesota Statutes 2008, section 290.432, is amended to read: 40.34290.432 CORPORATE NONGAME WILDLIFE CHECKOFF. 41.1A corporation that files an income tax return may designate on its original return that 41.2$1 or more shall be added to the tax or deducted from the refund that would otherwise be 41.3payable by or to that corporation and paid into the nongame wildlife management account 41.4established by section 290.431 for use by the section of wildlife in the Department of 41.5Natural Resources for its nongame wildlife program. The commissioner of revenue shall, 41.6on the corporate tax return, notify filers of their right to designate that a portion of their 41.7tax return be paid into the nongame wildlife management account for the protection of 41.8endangered natural resources. All interest earned on money accrued, gifts to the program, 41.9contributions to the program, and reimbursements of expenditures in the nongame wildlife 41.10management account shall be credited to the account by the commissioner of management 41.11and budget, except that gifts or contributions received directly by the commissioner of 41.12natural resources and directed by the contributor for use in specific nongame field projects 41.13or geographic areas shall be handled according to section 84.085, subdivision 1. The 41.14commissioner of natural resources shall submit a work program for each fiscal year to 41.15the Legislative-Citizen Commission on Minnesota Resources in the form determined by 41.16the commission. None of the money provided in this section may be spent unless the 41.17commission has approved the work program. 41.18The state pledges and agrees with all corporate contributors to the nongame wildlife 41.19account to use the funds contributed solely for the nongame wildlife program and further 41.20agrees that it will not impose additional conditions or restrictions that will limit or 41.21otherwise restrict the ability of the commissioner of natural resources to use the available 41.22funds for the most efficient and effective management of those programs. 41.23    Sec. 63. Laws 2005, chapter 156, article 2, section 45, as amended by Laws 2007, 41.24chapter 148, article 2, section 73, and Laws 2009, chapter 37, article 1, section 59, is 41.25amended to read: 41.26    Sec. 45. SALE OF STATE LAND. 41.27    Subdivision 1. State land sales. The commissioner of administration shall 41.28coordinate with the head of each department or agency having control of state-owned land 41.29to identify and sell at least $6,440,000 of state-owned land. Sales should be completed 41.30according to law and as provided in this section as soon as practicable but no later than 41.31June 30, 2011 new text begin 2012 new text end . Notwithstanding Minnesota Statutes, sections 16B.281 and 16B.282, 41.3294.09 and 94.10, or any other law to the contrary, the commissioner may offer land 41.33for public sale by only providing notice of lands or an offer of sale of lands to state 41.34departments or agencies, the University of Minnesota, cities, counties, towns, school 41.35districts, or other public entities. 42.1    Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section 42.294.16, subdivision 3 , or other law to the contrary, the amount of the proceeds from the 42.3sale of land under this section that exceeds the actual expenses of selling the land must 42.4be deposited in the general fund, except as otherwise provided by the commissioner of 42.5finance. Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner 42.6of finance may establish the timing of payments for land purchased under this section. If 42.7the total of all money deposited into the general fund from the proceeds of the sale of land 42.8under this section is anticipated to be less than $6,440,000, the governor must allocate the 42.9amount of the difference as reductions to general fund operating expenditures for other 42.10executive agencies for the biennium ending June 30, 2011 new text begin 2012 new text end . 42.11    Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from 42.12the general fund in fiscal year 2006 to the commissioner of administration for purposes 42.13of paying the actual expenses of selling state-owned lands to achieve the anticipated 42.14savings required in this section. From the gross proceeds of land sales under this section, 42.15the commissioner of administration must cancel the amount of the appropriation in this 42.16subdivision to the general fund by June 30, 2011 new text begin 2012 new text end . 42.17    Sec. 64. new text begin DEPARTMENT OF NATURAL RESOURCES LONG-RANGE new text end 42.18 new text begin BUDGET ANALYSIS. new text end 42.19 new text begin (a) The commissioner of natural resources, in consultation with the commissioner new text end 42.20 new text begin of management and budget, shall estimate the total amount of funding available from all new text end 42.21 new text begin sources for each of the following land management categories: wildlife management new text end 42.22 new text begin areas; state forests; scientific and natural areas; aquatic management areas; public water new text end 42.23 new text begin access sites; and prairie bank easements. The commissioner of natural resources shall new text end 42.24 new text begin prepare a ten-year budget analysis of the department's ongoing land management needs, new text end 42.25 new text begin including restoration of each parcel needing restoration. The analysis shall include: new text end 42.26 new text begin (1) an analysis of the needs of wildlife management areas, including identification of new text end 42.27 new text begin internal systemwide guidelines on the proper frequency for activities such as controlled new text end 42.28 new text begin burns, tree and woody biomass removal, and brushland management; new text end 42.29 new text begin (2) an analysis of state forest needs, including identification of internal systemwide new text end 42.30 new text begin guidelines on the proper frequency for forest management activities; new text end 42.31 new text begin (3) an analysis of scientific and natural area needs, including identification of new text end 42.32 new text begin internal systemwide guidelines on the proper frequency for management activities; new text end 42.33 new text begin (4) an analysis of aquatic management area needs, including identification of internal new text end 42.34 new text begin systemwide guidelines on the proper frequency for management activities; and new text end 43.1 new text begin (5) an analysis of the needs of the state's public water access sites, including new text end 43.2 new text begin identification of internal systemwide guidelines on the proper frequency for management new text end 43.3 new text begin activities. new text end 43.4 new text begin (b) The commissioner shall compare the estimate of the total amount of funding new text end 43.5 new text begin available to the department's ongoing management needs to determine: new text end 43.6 new text begin (1) the amount necessary to manage, restore, and maintain existing wildlife new text end 43.7 new text begin management areas, state forests, scientific and natural areas, aquatic management areas, new text end 43.8 new text begin public water access sites, and prairie bank easements; and new text end 43.9 new text begin (2) the amount necessary to expand upon the existing wildlife management areas, new text end 43.10 new text begin state forests, scientific and natural areas, aquatic management areas, public water access new text end 43.11 new text begin sites, and prairie bank easement programs, including the feasibility of the department's new text end 43.12 new text begin existing long-range plans, if applicable, for each program. new text end 43.13 new text begin (c) The commissioner of natural resources shall submit the analysis to the chairs of new text end 43.14 new text begin the house of representatives and senate committees with jurisdiction over environment new text end 43.15 new text begin and natural resources finance and cultural and outdoor resources finance by November new text end 43.16 new text begin 15, 2010. new text end 43.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 43.18    Sec. 65. new text begin SOLID WASTE FACILITY FINANCIAL ASSURANCE new text end 43.19 new text begin MECHANISMS; INPUT. new text end 43.20 new text begin Within six months after the effective date of this section, and before publishing new text end 43.21 new text begin the rules required for groundwater sensitivity and financial assurance in Minnesota new text end 43.22 new text begin Statutes, section 116.07, subdivision 4, the Pollution Control Agency shall consult with new text end 43.23 new text begin experts and interested persons on financial assurance adequacy for solid waste facilities, new text end 43.24 new text begin including, but not limited to, staff from the Department of Natural Resources, Minnesota new text end 43.25 new text begin Management and Budget, local governments, private and public landfill operators, and new text end 43.26 new text begin environmental groups. The commissioner shall seek the input to determine the adequacy new text end 43.27 new text begin of existing financial assurance rules to address environmental risks, the length of time new text end 43.28 new text begin financial assurance is needed based on the threat to human health and the environment, new text end 43.29 new text begin the reliability of financial assurance in covering risks from land disposal of waste in new text end 43.30 new text begin Minnesota and other states, and the role of private insurance. new text end 43.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 43.32    Sec. 66. new text begin SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE new text end 43.33 new text begin ADOPTION DELAY. new text end 44.1 new text begin Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county has ten new text end 44.2 new text begin months from the date final rule amendments to the February 4, 2008, subsurface sewage new text end 44.3 new text begin treatment system rules are adopted by the Pollution Control Agency to adopt an ordinance new text end 44.4 new text begin to comply with the rules. A county must continue to enforce its current ordinance until a new text end 44.5 new text begin new ordinance has been adopted. new text end 44.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 44.7    Sec. 67. new text begin APPROPRIATIONS. new text end 44.8 new text begin (a) $60,000 is appropriated in fiscal year 2011 from the water recreation account in new text end 44.9 new text begin the natural resources fund to the commissioner of natural resources to cooperate with local new text end 44.10 new text begin units of government in marking state water trails under Minnesota Statutes, section 85.32; new text end 44.11 new text begin acquiring and developing river accesses and campsites; and removing obstructions that new text end 44.12 new text begin may cause public safety hazards. This is a onetime appropriation and available until spent. new text end 44.13 new text begin (b) $250,000 in fiscal year 2011 is appropriated from the game and fish fund to the new text end 44.14 new text begin commissioner of natural resources to maintain and expand the ecological classification new text end 44.15 new text begin system program on state forest lands. new text end 44.16    Sec. 68. new text begin REVISOR'S INSTRUCTION. new text end 44.17 new text begin (a) The revisor of statutes shall change the term "horse trail pass" to "horse pass" new text end 44.18 new text begin wherever it appears in Minnesota Statutes and Minnesota Rules. new text end 44.19 new text begin (b) The revisor of statutes shall change the term "canoe and boating routes" or new text end 44.20 new text begin similar term to "water trail routes" or similar term wherever it appears in Minnesota new text end 44.21 new text begin Statutes and Minnesota Rules. new text end 44.22 new text begin (c) The revisor of statutes shall change the term "Minnesota Conservation Corps" new text end 44.23 new text begin to "Conservation Corps Minnesota" wherever it appears in Minnesota Statutes and new text end 44.24 new text begin Minnesota Rules. new text end 44.25    Sec. 69. new text begin REPEALER. new text end 44.26 new text begin (a) Minnesota Statutes 2008, sections 90.172; 103G.295; and 103G.650, new text end new text begin are repealed. new text end 44.27 new text begin (b) Minnesota Statutes 2009 Supplement, section 88.795, new text end new text begin is repealed. new text end