SF 3275

CCR--SF3275A - 86th Legislature (2009 - 2010)

Posted on 01/15/2013 08:28 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 3275 1.2A bill for an act 1.3relating to state government; appropriating money from constitutionally 1.4dedicated funds; modifying appropriation to prevent water pollution from 1.5polycyclic aromatic hydrocarbons; modifying certain administrative accounts; 1.6modifying electronic transaction provisions; providing for certain registration 1.7exemptions; modifying all-terrain vehicle definitions; modifying all-terrain 1.8vehicle operation restrictions; modifying state trails and canoe and boating routes; 1.9modifying fees and disposition of certain receipts; modifying certain competitive 1.10bidding exemptions; modifying horse trail pass provisions; modifying beaver 1.11dam provisions; modifying the Water Law; modifying nongame wildlife 1.12checkoffs; establishing an Environment and Natural Resources Organization 1.13Advisory Committee to advise legislature and governor on new structure for 1.14administration of environment and natural resource policies; requiring an 1.15advisory committee to consider all powers and duties of Pollution Control 1.16Agency, Department of Natural Resources, Environmental Quality Board, 1.17Board of Water and Soil Resources, Petroleum Tank Release Compensation 1.18Board, Harmful Substances Compensation Board, and Agricultural Chemical 1.19Response Compensation Board and certain powers and duties of Departments 1.20of Agriculture, Health, Transportation, and Commerce; modifying method of 1.21determining value of acquired stream easements; providing for certain historic 1.22property exemption; modifying state forest acquisition provisions; modifying 1.23certain requirements for land sales; adding to and deleting from state parks 1.24and state forests; authorizing public and private sales, conveyances, and 1.25exchanges of certain state land; amending the definition of "green economy" to 1.26include the concept of "green chemistry;" clarifying that an appropriation is 1.27to the commissioner of commerce; establishing a program to provide rebates 1.28for solar photovoltaic modules; providing for community energy planning; 1.29modifying Legislative Energy Commission and Public Utilities Commission 1.30provisions; eliminating a legislative guide; appropriating money;amending 1.31Minnesota Statutes 2008, sections 3.8851, subdivision 7; 84.025, subdivision 1.329; 84.027, subdivision 15; 84.0272, subdivision 2; 84.0856; 84.0857; 84.777, 1.33subdivision 2; 84.82, subdivision 3, by adding a subdivision; 84.92, subdivisions 1.349, 10; 84.922, subdivision 5, by adding a subdivision; 84.925, subdivision 1.351; 84.9256, subdivision 1; 84.928, subdivision 5; 85.012, subdivision 40; 1.3685.015, subdivision 14; 85.22, subdivision 5; 85.32, subdivision 1; 85.41, 1.37subdivision 3; 85.42; 85.43; 85.46, as amended; 88.17, subdivisions 1, 3; 1.3888.79, subdivision 2; 89.032, subdivision 2; 90.041, by adding a subdivision; 1.3990.121; 90.14; 97B.665, subdivision 2; 103A.305; 103G.271, subdivision 3; 1.40103G.285, subdivision 5; 103G.301, subdivision 6; 103G.305, subdivision 2; 1.41103G.315, subdivision 11; 103G.515, subdivision 5; 103G.615, subdivision 1.422; 115A.02; 116.07, subdivisions 4, 4h; 116J.437, subdivision 1; 216B.62, by 1.43adding a subdivision; 290.431; 290.432; 473.1565, subdivision 2; Minnesota 2.1Statutes 2009 Supplement, sections 84.415, subdivision 6; 84.793, subdivision 1; 2.284.9275, subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 86A.09, 2.3subdivision 1; 103G.201; Laws 2008, chapter 368, article 1, section 34, as 2.4amended; Laws 2009, chapter 37, article 2, section 13; Laws 2009, chapter 176, 2.5article 4, section 9; Laws 2010, chapter 215, article 3, section 4, subdivision 10; 2.6proposing coding for new law in Minnesota Statutes, chapters 85; 103G; 116C; 2.7repealing Minnesota Statutes 2008, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 2.87, 8; 90.172; 97B.665, subdivision 1; 103G.295; 103G.650; Minnesota Statutes 2.92009 Supplement, sections 3.3006; 84.02, subdivisions 4a, 6a, 6b; Laws 2009, 2.10chapter 172, article 5, section 8. 2.11May 12, 2010 2.12The Honorable James P. Metzen 2.13President of the Senate 2.14The Honorable Margaret Anderson Kelliher 2.15Speaker of the House of Representatives 2.16We, the undersigned conferees for S.F. No. 3275 report that we have agreed upon 2.17the items in dispute and recommend as follows: 2.18That the House recede from its amendments and that S.F. No. 3275 be further 2.19amended as follows: 2.20Delete everything after the enacting clause and insert: 2.21"ARTICLE 1 2.22OUTDOOR HERITAGE 2.23 Section 1. new text begin OUTDOOR HERITAGE APPROPRIATION. new text end 2.24 new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.25 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.26 new text begin outdoor heritage fund and are available for the fiscal years indicated for each purpose. The new text end 2.27 new text begin figures "2010" and "2011" used in this article mean that the appropriations listed under new text end 2.28 new text begin them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. new text end 2.29 new text begin "The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" new text end 2.30 new text begin is fiscal years 2010 and 2011. The appropriations in this article are onetime. new text end 2.31 new text begin APPROPRIATIONS new text end 2.32 new text begin Available for the Year new text end 2.33 new text begin Ending June 30 new text end 2.34 new text begin 2010 new text end new text begin 2011 new text end 2.35 Sec. 2. new text begin OUTDOOR HERITAGE new text end 2.36 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin -0- new text end new text begin $ new text end new text begin 58,939,000 new text end 2.37 new text begin This appropriation is from the outdoor new text end 2.38 new text begin heritage fund. The amounts that may be new text end 3.1 new text begin spent for each purpose are specified in the new text end 3.2 new text begin following subdivisions. new text end 3.3 new text begin Subd. 2. new text end new text begin Prairies new text end new text begin -0- new text end new text begin 18,093,000 new text end 3.4 3.5 new text begin (a) new text end new text begin Accelerated Prairie Grassland Restoration new text end new text begin and Enhancement Program on DNR Lands new text end 3.6 new text begin $5,833,000 in fiscal year 2011 is to the new text end 3.7 new text begin commissioner of natural resources to new text end 3.8 new text begin accelerate the protection, restoration, and new text end 3.9 new text begin enhancement of native prairie vegetation. new text end 3.10 new text begin A list of proposed land acquisitions, new text end 3.11 new text begin restorations, and enhancements, describing new text end 3.12 new text begin the types and locations of acquisitions, new text end 3.13 new text begin restorations, and enhancements, must new text end 3.14 new text begin be provided as part of the required new text end 3.15 new text begin accomplishment plan. All restorations must new text end 3.16 new text begin comply with subdivision 9, paragraph (b). new text end 3.17 new text begin (b) new text end new text begin The Green Corridor Legacy Program new text end 3.18 new text begin $1,651,000 in fiscal year 2011 is to the new text end 3.19 new text begin commissioner of natural resources for new text end 3.20 new text begin an agreement with the Redwood Area new text end 3.21 new text begin Communities Foundation to acquire and new text end 3.22 new text begin restore land for purposes allowed under new text end 3.23 new text begin the Minnesota Constitution, article XI, new text end 3.24 new text begin section 15, in Redwood, Renville, Brown, new text end 3.25 new text begin Nicollet, Murray, Lyon, Yellow Medicine, new text end 3.26 new text begin Chippewa, and Cottonwood Counties to be new text end 3.27 new text begin added to the state outdoor recreation system new text end 3.28 new text begin as defined in Minnesota Statutes, chapter new text end 3.29 new text begin 86A. A list of proposed fee title acquisitions new text end 3.30 new text begin must be provided as part of the required new text end 3.31 new text begin accomplishment plan. The commissioner of new text end 3.32 new text begin natural resources must agree in writing to new text end 3.33 new text begin each proposed acquisition. All restorations new text end 3.34 new text begin must comply with subdivision 9, paragraph new text end 3.35 new text begin (b). new text end 4.1 4.2 new text begin (c) new text end new text begin Prairie Heritage Fund - Acquisition and new text end new text begin Restoration new text end 4.3 new text begin $3,015,000 in fiscal year 2011 is to the new text end 4.4 new text begin commissioner of natural resources for an new text end 4.5 new text begin agreement with Pheasants Forever to acquire new text end 4.6 new text begin and restore land to be added to the state new text end 4.7 new text begin wildlife management area system. A list new text end 4.8 new text begin of proposed fee title acquisitions and a list new text end 4.9 new text begin of proposed restoration projects, describing new text end 4.10 new text begin the types and locations of restorations, new text end 4.11 new text begin must be provided as part of the required new text end 4.12 new text begin accomplishment plan. The commissioner of new text end 4.13 new text begin natural resources must agree in writing to new text end 4.14 new text begin each proposed acquisition. All restorations new text end 4.15 new text begin must comply with subdivision 9, paragraph new text end 4.16 new text begin (b). new text end 4.17 4.18 new text begin (d) new text end new text begin Northern Tallgrass Prairie National new text end new text begin Wildlife Refuge Protection new text end 4.19 new text begin $2,041,000 in fiscal year 2011 is to the new text end 4.20 new text begin commissioner of natural resources for an new text end 4.21 new text begin agreement with The Nature Conservancy new text end 4.22 new text begin to acquire land or permanent easements new text end 4.23 new text begin within the Northern Tallgrass Prairie Habitat new text end 4.24 new text begin Preservation Area in western Minnesota for new text end 4.25 new text begin addition to the Northern Tallgrass Prairie new text end 4.26 new text begin National Wildlife Refuge. A list of proposed new text end 4.27 new text begin fee title and permanent easement acquisitions new text end 4.28 new text begin must be provided as part of the required new text end 4.29 new text begin accomplishment plan. The accomplishment new text end 4.30 new text begin plan must include an easement stewardship new text end 4.31 new text begin plan. new text end 4.32 new text begin (e) new text end new text begin Rum River - Cedar Creek Initiative new text end 4.33 new text begin $1,900,000 in fiscal year 2011 is to the new text end 4.34 new text begin commissioner of natural resources for an new text end 4.35 new text begin agreement with Anoka County to acquire fee new text end 5.1 new text begin title to land at the confluence of the Rum new text end 5.2 new text begin River and Cedar Creek in Anoka County. new text end 5.3 new text begin Land acquired in fee must remain open to new text end 5.4 new text begin hunting and fishing, consistent with the new text end 5.5 new text begin capacity of the land, during the open season, new text end 5.6 new text begin as determined in writing by the commissioner new text end 5.7 new text begin of natural resources. All restorations must new text end 5.8 new text begin comply with subdivision 9, paragraph (b). new text end 5.9 new text begin (f) new text end new text begin Minnesota Prairie Recovery Project new text end 5.10 new text begin $3,653,000 in fiscal year 2011 is to the new text end 5.11 new text begin commissioner of natural resources for an new text end 5.12 new text begin agreement with The Nature Conservancy new text end 5.13 new text begin for a pilot project to acquire interests in new text end 5.14 new text begin land and restore and enhance prairie and new text end 5.15 new text begin prairie/wetland habitat in the prairie regions new text end 5.16 new text begin of western and southwestern Minnesota. new text end 5.17 new text begin The Nature Conservancy may acquire land new text end 5.18 new text begin in fee or through permanent conservation new text end 5.19 new text begin easements. A list of proposed fee title and new text end 5.20 new text begin permanent conservation easements, and a list new text end 5.21 new text begin of proposed restorations and enhancements, new text end 5.22 new text begin must be provided as part of the required new text end 5.23 new text begin accomplishment plan. All restorations must new text end 5.24 new text begin comply with subdivision 9, paragraph (b). new text end 5.25 new text begin The commissioner of natural resources must new text end 5.26 new text begin agree in writing to each acquisition of interest new text end 5.27 new text begin in land, restoration project, and enhancement new text end 5.28 new text begin project. The accomplishment plan must new text end 5.29 new text begin include an easement stewardship plan. new text end 5.30 new text begin Subd. 3. new text end new text begin Forests new text end new text begin -0- new text end new text begin 5,603,000 new text end 5.31 5.32 new text begin (a) new text end new text begin Critical Shoreline Habitat Protection new text end new text begin Program new text end 5.33 new text begin $816,000 in fiscal year 2011 is to the new text end 5.34 new text begin commissioner of natural resources for an new text end 5.35 new text begin agreement with the Minnesota Land Trust to new text end 6.1 new text begin acquire permanent conservation easements new text end 6.2 new text begin protecting critical shoreline habitats in new text end 6.3 new text begin Koochiching, Cook, Lake, and St. Louis new text end 6.4 new text begin County portions of the northern forest new text end 6.5 new text begin area in northern Minnesota and provide new text end 6.6 new text begin stewardship for those easements. A list of new text end 6.7 new text begin proposed conservation easement acquisitions new text end 6.8 new text begin must be provided as part of the required new text end 6.9 new text begin accomplishment plan. The accomplishment new text end 6.10 new text begin plan must include an easement stewardship new text end 6.11 new text begin plan. new text end 6.12 6.13 new text begin (b) new text end new text begin Protect Key Industrial Forest Land Tracts new text end new text begin in Central Minnesota new text end 6.14 new text begin $594,000 in fiscal year 2011 is to the new text end 6.15 new text begin commissioner of natural resources for an new text end 6.16 new text begin agreement with Cass County to acquire lands new text end 6.17 new text begin that assist with gaining access for restoration new text end 6.18 new text begin and enhancement purposes to existing public new text end 6.19 new text begin land tracts. A list of proposed acquisitions new text end 6.20 new text begin must be provided as part of the required new text end 6.21 new text begin accomplishment plan. new text end 6.22 6.23 new text begin (c) new text end new text begin Little Nokasippi River Wildlife new text end new text begin Management Area new text end 6.24 new text begin $843,000 in fiscal year 2011 is to the new text end 6.25 new text begin commissioner of natural resources new text end 6.26 new text begin for acceleration of agency programs and new text end 6.27 new text begin cooperative agreements to acquire interests in new text end 6.28 new text begin land within the boundaries of the Minnesota new text end 6.29 new text begin National Guard Army compatible use buffer new text end 6.30 new text begin (ACUB) program. Of this appropriation, new text end 6.31 new text begin $225,000 is for the Department of Natural new text end 6.32 new text begin Resources to acquire land for wildlife new text end 6.33 new text begin management areas and $618,000 is for an new text end 6.34 new text begin agreement with the Board of Water and Soil new text end 6.35 new text begin Resources to acquire permanent conservation new text end 6.36 new text begin easements. A list of proposed acquisitions new text end 7.1 new text begin must be provided as part of the required new text end 7.2 new text begin accomplishment plan. new text end 7.3 7.4 new text begin (d) new text end new text begin Accelerated Forest Wildlife Habitat new text end new text begin Program new text end 7.5 new text begin $1,791,000 in fiscal year 2011 is to the new text end 7.6 new text begin commissioner of natural resources for new text end 7.7 new text begin acceleration of agency programs to acquire, new text end 7.8 new text begin in fee, land for state forests and restore and new text end 7.9 new text begin enhance state forest habitat. A list of projects new text end 7.10 new text begin including proposed fee title acquisitions new text end 7.11 new text begin and restorations and enhancements must new text end 7.12 new text begin be provided as part of the required new text end 7.13 new text begin accomplishment plan. All restorations must new text end 7.14 new text begin comply with subdivision 9, paragraph (b). new text end 7.15 7.16 new text begin (e) new text end new text begin Northeastern Minnesota Sharp-Tailed new text end new text begin Grouse Habitat new text end 7.17 new text begin $1,559,000 in fiscal year 2011 is to the new text end 7.18 new text begin commissioner of natural resources for an new text end 7.19 new text begin agreement with Pheasants Forever to acquire new text end 7.20 new text begin interests in land, and to restore and enhance new text end 7.21 new text begin habitat for sharp-tailed grouse in Kanabec, new text end 7.22 new text begin Aitkin, and St. Louis Counties in cooperation new text end 7.23 new text begin with the Minnesota Sharp-Tailed Grouse new text end 7.24 new text begin Society. A list of proposed acquisitions new text end 7.25 new text begin and a list of proposed restorations and new text end 7.26 new text begin enhancements must be provided as part of new text end 7.27 new text begin the required accomplishment plan. The new text end 7.28 new text begin commissioner of natural resources must new text end 7.29 new text begin agree in writing to each acquisition of interest new text end 7.30 new text begin in land, restoration project, and enhancement new text end 7.31 new text begin project. All restorations must comply with new text end 7.32 new text begin subdivision 9, paragraph (b). new text end 7.33 new text begin Subd. 4. new text end new text begin Wetlands new text end new text begin -0- new text end new text begin 16,905,000 new text end 7.34 7.35 new text begin (a) new text end new text begin Accelerated Shallow Lake and Wetland new text end new text begin Enhancement and Restoration Program new text end 8.1 new text begin $6,505,000 in fiscal year 2011 is to the new text end 8.2 new text begin commissioner of natural resources to assess, new text end 8.3 new text begin enhance, and restore shallow lake and new text end 8.4 new text begin wetland habitats, to acquire land in fee or new text end 8.5 new text begin through permanent conservation easements new text end 8.6 new text begin for shallow lake program restoration, and to new text end 8.7 new text begin provide stewardship for acquired easements new text end 8.8 new text begin in cooperation with Ducks Unlimited, Inc. new text end 8.9 new text begin Of this appropriation, $1,463,000 is for the new text end 8.10 new text begin Department of Natural Resources agency new text end 8.11 new text begin program acceleration and $5,042,000 is for new text end 8.12 new text begin an agreement with Ducks Unlimited, Inc. A new text end 8.13 new text begin list of proposed projects, describing the types new text end 8.14 new text begin and locations of land acquisitions, restoration new text end 8.15 new text begin projects, and enhancement projects, new text end 8.16 new text begin must be provided as part of the required new text end 8.17 new text begin accomplishment plan. The commissioner new text end 8.18 new text begin of natural resources must agree in writing new text end 8.19 new text begin to each acquisition, restoration project, and new text end 8.20 new text begin enhancement project. The accomplishment new text end 8.21 new text begin plan must include an easement stewardship new text end 8.22 new text begin plan. All restorations must comply with new text end 8.23 new text begin subdivision 9, paragraph (b). new text end 8.24 8.25 new text begin (b) new text end new text begin Accelerate the Waterfowl Production Area new text end new text begin Program in Minnesota new text end 8.26 new text begin $3,505,000 in fiscal year 2011 is to the new text end 8.27 new text begin commissioner of natural resources for new text end 8.28 new text begin an agreement with Pheasants Forever to new text end 8.29 new text begin acquire and restore wetland and related new text end 8.30 new text begin upland habitats, in cooperation with the new text end 8.31 new text begin United States Fish and Wildlife Service new text end 8.32 new text begin and Ducks Unlimited, Inc., to be managed new text end 8.33 new text begin as waterfowl production areas. A list of new text end 8.34 new text begin proposed acquisitions and a list of proposed new text end 8.35 new text begin projects, describing the types and locations new text end 8.36 new text begin of restorations, must be provided as part new text end 9.1 new text begin of the required accomplishment plan. All new text end 9.2 new text begin restorations must comply with subdivision new text end 9.3 new text begin 9, paragraph (b). new text end 9.4 9.5 new text begin (c) new text end new text begin Reinvest in Minnesota Wetlands Reserve new text end new text begin Program Acquisition and Restoration new text end 9.6 new text begin $6,895,000 in fiscal year 2011 is to the Board new text end 9.7 new text begin of Water and Soil Resources to acquire new text end 9.8 new text begin permanent conservation easements and new text end 9.9 new text begin restore wetlands and associated uplands new text end 9.10 new text begin in cooperation with the United States new text end 9.11 new text begin Department of Agriculture Wetlands Reserve new text end 9.12 new text begin Program. A list of proposed acquisitions new text end 9.13 new text begin and a list of proposed projects, describing new text end 9.14 new text begin the types and locations of restorations, new text end 9.15 new text begin must be provided as part of the required new text end 9.16 new text begin accomplishment plan. All restorations must new text end 9.17 new text begin comply with subdivision 9, paragraph (b). new text end 9.18 new text begin Subd. 5. new text end new text begin Habitat new text end new text begin -0- new text end new text begin 17,563,000 new text end 9.19 new text begin (a) new text end new text begin Metro Big Rivers Habitat Program new text end 9.20 new text begin $2,397,000 in fiscal year 2011 is to new text end 9.21 new text begin the commissioner of natural resources new text end 9.22 new text begin for agreements for projects to protect, new text end 9.23 new text begin restore, and enhance natural systems of new text end 9.24 new text begin the Minnesota River, St. Croix River, new text end 9.25 new text begin Mississippi River, and their major tributaries new text end 9.26 new text begin as follows: $500,000 with Minnesota Valley new text end 9.27 new text begin National Wildlife Refuge Trust, Inc. for new text end 9.28 new text begin fee title land acquisition; $1,500,000 with new text end 9.29 new text begin the Trust for Public Land for fee title land new text end 9.30 new text begin acquisition; $227,300 with the Friends new text end 9.31 new text begin of the Mississippi River for restoration, new text end 9.32 new text begin enhancement, and conservation easement new text end 9.33 new text begin acquisition; and $169,700 with Great River new text end 9.34 new text begin Greening for restoration and enhancement. new text end 9.35 new text begin The accomplishment plan must include an new text end 10.1 new text begin easement stewardship plan. All restorations new text end 10.2 new text begin must comply with subdivision 9, paragraph new text end 10.3 new text begin (b). new text end 10.4 10.5 new text begin (b) new text end new text begin Accelerated Aquatic Management Area new text end new text begin Acquisition new text end 10.6 new text begin $3,416,000 in fiscal year 2011 is to the new text end 10.7 new text begin commissioner of natural resources to new text end 10.8 new text begin accelerate land acquisition by fee title and new text end 10.9 new text begin easements to be added to the state aquatic new text end 10.10 new text begin management area system as defined in new text end 10.11 new text begin Minnesota Statutes, chapter 86A, and to new text end 10.12 new text begin restore and enhance stream habitat and lake new text end 10.13 new text begin habitat. Land acquired in fee must remain new text end 10.14 new text begin open to hunting and fishing, consistent new text end 10.15 new text begin with the capacity of the land, during the new text end 10.16 new text begin open season, as determined in writing by new text end 10.17 new text begin the commissioner of natural resources. new text end 10.18 new text begin A list of proposed fee title and easement new text end 10.19 new text begin acquisitions, stream habitat restorations and new text end 10.20 new text begin enhancements, and lake habitat restorations new text end 10.21 new text begin and enhancements must be provided as part new text end 10.22 new text begin of the required accomplishment plan. new text end 10.23 10.24 new text begin (c) new text end new text begin Cold Water River and Stream Restoration, new text end new text begin Protection, and Enhancement new text end 10.25 new text begin $1,269,000 in fiscal year 2011 is to the new text end 10.26 new text begin commissioner of natural resources for new text end 10.27 new text begin an agreement with Trout Unlimited to new text end 10.28 new text begin restore, enhance, and protect cold water new text end 10.29 new text begin river and stream habitats in Minnesota. A new text end 10.30 new text begin list of proposed acquisitions and a list of new text end 10.31 new text begin proposed projects, describing the types and new text end 10.32 new text begin locations of restorations and enhancements, new text end 10.33 new text begin must be provided as part of the required new text end 10.34 new text begin accomplishment plan. The commissioner of new text end 10.35 new text begin natural resources must agree in writing to new text end 10.36 new text begin each proposed acquisition, restoration, and new text end 11.1 new text begin enhancement. All restorations must comply new text end 11.2 new text begin with subdivision 9, paragraph (b). new text end 11.3 11.4 new text begin (d) new text end new text begin Dakota County Riparian and Lakeshore new text end new text begin Protection and Restoration new text end 11.5 new text begin $2,097,000 in fiscal year 2011 is to the new text end 11.6 new text begin commissioner of natural resources for new text end 11.7 new text begin an agreement with Dakota County for new text end 11.8 new text begin acquisition of permanent easements and new text end 11.9 new text begin enhancement and restoration of aquatic new text end 11.10 new text begin and associated upland habitat. A list of new text end 11.11 new text begin proposed acquisitions and restorations new text end 11.12 new text begin must be provided as part of the required new text end 11.13 new text begin accomplishment plan. The accomplishment new text end 11.14 new text begin plan must include an easement stewardship new text end 11.15 new text begin plan. All restorations must comply with new text end 11.16 new text begin subdivision 9, paragraph (b). new text end 11.17 new text begin (e) new text end new text begin Valley Creek Protection Partnership new text end 11.18 new text begin $1,218,000 in fiscal year 2011 is to the new text end 11.19 new text begin commissioner of natural resources for new text end 11.20 new text begin agreements on projects to protect, restore, new text end 11.21 new text begin and enhance natural systems of Valley Creek new text end 11.22 new text begin in Washington County as follows: $838,000 new text end 11.23 new text begin with Minnesota Land Trust; $218,000 with new text end 11.24 new text begin Washington County; $100,000 with the new text end 11.25 new text begin Belwin Conservancy; $50,000 with Trout new text end 11.26 new text begin Unlimited; and $12,000 with the Valley new text end 11.27 new text begin Branch Watershed District. All restorations new text end 11.28 new text begin must comply with subdivision 9, paragraph new text end 11.29 new text begin (b). new text end 11.30 11.31 new text begin (f) new text end new text begin Anoka Sand Plain Restoration and new text end new text begin Enhancement new text end 11.32 new text begin $747,000 in fiscal year 2011 is to the new text end 11.33 new text begin commissioner of natural resources for new text end 11.34 new text begin an agreement with Great River Greening new text end 11.35 new text begin to restore and enhance habitat on public new text end 12.1 new text begin property in the Anoka Sand Plain in Anoka, new text end 12.2 new text begin Chisago, Isanti, Benton, Washington, new text end 12.3 new text begin Morrison, and Sherburne Counties. All new text end 12.4 new text begin restorations must comply with subdivision new text end 12.5 new text begin 9, paragraph (b). new text end 12.6 12.7 new text begin (g) new text end new text begin Lower Mississippi River Habitat new text end new text begin Restoration Acceleration new text end 12.8 new text begin $1,000,000 in fiscal year 2011 is to new text end 12.9 new text begin the commissioner of natural resources new text end 12.10 new text begin to accelerate agency programs and for new text end 12.11 new text begin cooperative agreements to acquire land in new text end 12.12 new text begin the Root River watershed. A list of proposed new text end 12.13 new text begin acquisitions must be provided as part of new text end 12.14 new text begin the required accomplishment plan. The new text end 12.15 new text begin commissioner of natural resources must new text end 12.16 new text begin agree in writing to each proposed acquisition, new text end 12.17 new text begin restoration, and enhancement. All new text end 12.18 new text begin restorations must comply with subdivision new text end 12.19 new text begin 9, paragraph (b). new text end 12.20 12.21 new text begin (h) new text end new text begin Washington County St. Croix River Land new text end new text begin Protection new text end 12.22 new text begin $1,033,000 in fiscal year 2011 is to the new text end 12.23 new text begin commissioner of natural resources for an new text end 12.24 new text begin agreement with Washington County to new text end 12.25 new text begin acquire permanent easements to protect new text end 12.26 new text begin habitat associated with the St. Croix River new text end 12.27 new text begin Valley. A list of proposed acquisitions new text end 12.28 new text begin must be provided as part of the required new text end 12.29 new text begin accomplishment plan. The accomplishment new text end 12.30 new text begin plan must include an easement stewardship new text end 12.31 new text begin plan. new text end 12.32 12.33 new text begin (i) new text end new text begin Outdoor Heritage Conservation Partners new text end new text begin Grant Program new text end 12.34 new text begin $4,386,000 in fiscal year 2011 is to the new text end 12.35 new text begin commissioner of natural resources for a new text end 13.1 new text begin program to provide competitive, matching new text end 13.2 new text begin grants of up to $400,000 to local, regional, new text end 13.3 new text begin state, and national organizations, including new text end 13.4 new text begin government, for enhancement, restoration, new text end 13.5 new text begin or protection of forests, wetlands, prairies, new text end 13.6 new text begin and habitat for fish, game, or wildlife new text end 13.7 new text begin in Minnesota. Up to four percent of new text end 13.8 new text begin this appropriation may be used by the new text end 13.9 new text begin commissioner of natural resources for new text end 13.10 new text begin administering the grant program. Grantees new text end 13.11 new text begin may acquire land or interests in land. new text end 13.12 new text begin Easements must be permanent. Land new text end 13.13 new text begin acquired in fee must be open to hunting new text end 13.14 new text begin and fishing during the open season unless new text end 13.15 new text begin otherwise provided by state law. The new text end 13.16 new text begin commissioner of natural resources must new text end 13.17 new text begin agree in writing to each proposed acquisition new text end 13.18 new text begin of land or interest in land. The program new text end 13.19 new text begin shall require a match of at least ten percent new text end 13.20 new text begin from nonstate sources for grants of $100,000 new text end 13.21 new text begin or less and a match of at least 15 percent new text end 13.22 new text begin from nonstate sources for grants over new text end 13.23 new text begin $100,000. Up to one-third of the match new text end 13.24 new text begin may be in-kind resources. The criteria new text end 13.25 new text begin for evaluating grant applications must new text end 13.26 new text begin include, in a balanced and equally weighted new text end 13.27 new text begin order of precedence, the amount of habitat new text end 13.28 new text begin restored, enhanced, or protected; local new text end 13.29 new text begin support; degree of collaboration; urgency; new text end 13.30 new text begin capacity to achieve multiple benefits; new text end 13.31 new text begin habitat benefits provided; consistency with new text end 13.32 new text begin current conservation science; adjacency new text end 13.33 new text begin to protected lands; full funding of the new text end 13.34 new text begin project; supplementing existing funding; new text end 13.35 new text begin public access for hunting and fishing during new text end 13.36 new text begin the open season; sustainability; and use new text end 14.1 new text begin of native plant materials. All projects new text end 14.2 new text begin must conform to the Minnesota statewide new text end 14.3 new text begin conservation and preservation plan. Wildlife new text end 14.4 new text begin habitat projects must also conform to the new text end 14.5 new text begin Minnesota wildlife action plan. Subject to new text end 14.6 new text begin the evaluation criteria and requirements new text end 14.7 new text begin of this paragraph and Minnesota Statutes, new text end 14.8 new text begin the commissioner of natural resources new text end 14.9 new text begin shall give priority to organizations that new text end 14.10 new text begin have a history or charter to receive private new text end 14.11 new text begin contributions for local conservation or new text end 14.12 new text begin habitat projects when evaluating projects of new text end 14.13 new text begin equal value. Priority may be given to projects new text end 14.14 new text begin acquiring land or easements associated new text end 14.15 new text begin with existing wildlife management areas. new text end 14.16 new text begin All restoration or enhancement projects new text end 14.17 new text begin must be on land permanently protected by new text end 14.18 new text begin conservation easement or public ownership new text end 14.19 new text begin or in public waters as defined in Minnesota new text end 14.20 new text begin Statutes, section 103G.005, subdivision 15. new text end 14.21 new text begin Subdivision 9 applies to grants awarded new text end 14.22 new text begin under this paragraph. All restorations must new text end 14.23 new text begin comply with subdivision 9, paragraph (b). new text end 14.24 new text begin This appropriation is available until June new text end 14.25 new text begin 30, 2014, at which time all grant project new text end 14.26 new text begin work must be completed and final products new text end 14.27 new text begin delivered, unless an earlier date is specified new text end 14.28 new text begin in the grant agreement. No less than five new text end 14.29 new text begin percent of the amount of each grant must new text end 14.30 new text begin be held back from reimbursement until new text end 14.31 new text begin the grant recipient has completed a grant new text end 14.32 new text begin accomplishment report by the deadline and new text end 14.33 new text begin in the form prescribed by and satisfactory to new text end 14.34 new text begin the Lessard-Sams Outdoor Heritage Council. new text end 14.35 new text begin Subd. 6. new text end new text begin Administration and Other new text end new text begin 0 new text end new text begin 775,000 new text end 14.36 new text begin (a) new text end new text begin Contract Management new text end 15.1 new text begin $175,000 in fiscal year 2011 is to the new text end 15.2 new text begin commissioner of natural resources for new text end 15.3 new text begin contract management duties assigned in this new text end 15.4 new text begin section. new text end 15.5 new text begin (b) new text end new text begin Legislative Coordinating Commission new text end 15.6 new text begin $600,000 in fiscal year 2011 is to the new text end 15.7 new text begin Legislative Coordinating Commission for new text end 15.8 new text begin administrative expenses of the Lessard-Sams new text end 15.9 new text begin Outdoor Heritage Council and for new text end 15.10 new text begin compensation and expense reimbursement new text end 15.11 new text begin of council members. new text end 15.12 new text begin Subd. 7. new text end new text begin Availability of Appropriation new text end 15.13 new text begin Money appropriated in this section may new text end 15.14 new text begin not be spent on activities unless they are new text end 15.15 new text begin directly related to and necessary for a new text end 15.16 new text begin specific appropriation and are specified in the new text end 15.17 new text begin accomplishment plan. Money appropriated new text end 15.18 new text begin in this section must not be spent on indirect new text end 15.19 new text begin costs or other institutional overhead charges. new text end 15.20 new text begin Unless otherwise provided, the amounts new text end 15.21 new text begin in this section are available until June 30, new text end 15.22 new text begin 2013, when projects must be completed and new text end 15.23 new text begin final accomplishments reported. Funds for new text end 15.24 new text begin restoration or enhancement are available new text end 15.25 new text begin until June 30, 2015, or four years after new text end 15.26 new text begin acquisition, whichever is later, in order to new text end 15.27 new text begin complete restoration or enhancement work. new text end 15.28 new text begin If a project receives federal funds, the time new text end 15.29 new text begin period of the appropriation is extended to new text end 15.30 new text begin equal the availability of federal funding. new text end 15.31 new text begin Funds appropriated for fee title acquisition of new text end 15.32 new text begin land may be used to restore and enhance land new text end 15.33 new text begin acquired with the appropriation. new text end 15.34 new text begin Subd. 8. new text end new text begin Accomplishment Plans new text end 16.1 new text begin It is a condition of acceptance of the new text end 16.2 new text begin appropriations made by this section that the new text end 16.3 new text begin agency or entity using the appropriation shall new text end 16.4 new text begin submit to the council an accomplishment new text end 16.5 new text begin plan and periodic accomplishment new text end 16.6 new text begin reports in the form determined by the new text end 16.7 new text begin Lessard-Sams Outdoor Heritage Council. new text end 16.8 new text begin The accomplishment plan must account for new text end 16.9 new text begin the use of the appropriation and outcomes new text end 16.10 new text begin of the expenditure in measures of wetlands, new text end 16.11 new text begin prairies, forests, and fish, game, and wildlife new text end 16.12 new text begin habitat restored, protected, and enhanced. new text end 16.13 new text begin The plan must include an evaluation of new text end 16.14 new text begin results. None of the money provided in this new text end 16.15 new text begin section may be expended unless the council new text end 16.16 new text begin has approved the pertinent accomplishment new text end 16.17 new text begin plan. new text end 16.18 new text begin Subd. 9. new text end new text begin Project Requirements new text end 16.19 new text begin (a) As a condition of accepting an new text end 16.20 new text begin appropriation in this section, any agency new text end 16.21 new text begin or entity receiving an appropriation must new text end 16.22 new text begin comply with this subdivision for any project new text end 16.23 new text begin funded in whole or in part with funds from new text end 16.24 new text begin the appropriation. new text end 16.25 new text begin (b) To the extent possible, a person new text end 16.26 new text begin conducting restoration with money new text end 16.27 new text begin appropriated in this section must plant new text end 16.28 new text begin vegetation or sow seed only of ecotypes new text end 16.29 new text begin native to Minnesota, and preferably of the new text end 16.30 new text begin local ecotype, using a high diversity of new text end 16.31 new text begin species originating from as close to the new text end 16.32 new text begin restoration site as possible, and protect new text end 16.33 new text begin existing native prairies, grasslands, forests, new text end 16.34 new text begin wetlands, and other aquatic systems from new text end 16.35 new text begin genetic contamination. new text end 17.1 new text begin (c) All conservation easements acquired with new text end 17.2 new text begin money appropriated in this section must: (1) new text end 17.3 new text begin be permanent; (2) specify the parties to an new text end 17.4 new text begin easement; (3) specify all of the provisions new text end 17.5 new text begin of an agreement that are permanent; (4) new text end 17.6 new text begin specify the habitat types and location new text end 17.7 new text begin being protected; (5) where appropriate for new text end 17.8 new text begin conservation or water protection outcomes, new text end 17.9 new text begin require the grantor to employ practices new text end 17.10 new text begin retaining water on the eased land as long as new text end 17.11 new text begin practicable; (6) specify the responsibilities new text end 17.12 new text begin of the parties for habitat enhancement and new text end 17.13 new text begin restoration and the associated costs of these new text end 17.14 new text begin activities; (7) be sent to the office of the new text end 17.15 new text begin Lessard-Sams Outdoor Heritage Council; (8) new text end 17.16 new text begin include a long-term stewardship plan and new text end 17.17 new text begin identify the sources and amount of funding new text end 17.18 new text begin for monitoring and enforcing the easement new text end 17.19 new text begin agreement; and (9) identify the parties new text end 17.20 new text begin responsible for monitoring and enforcing the new text end 17.21 new text begin easement agreement. new text end 17.22 new text begin (d) For all restorations, a recipient must new text end 17.23 new text begin prepare and retain an ecological restoration new text end 17.24 new text begin and management plan that, to the degree new text end 17.25 new text begin practicable, is consistent with current new text end 17.26 new text begin conservation science and ecological goals new text end 17.27 new text begin for the restoration site. Consideration should new text end 17.28 new text begin be given to soil, geology, topography, and new text end 17.29 new text begin other relevant factors that would provide new text end 17.30 new text begin the best chance for long-term success of the new text end 17.31 new text begin restoration projects. The plan shall include new text end 17.32 new text begin the proposed timetable for implementing new text end 17.33 new text begin the restoration, including, but not limited new text end 17.34 new text begin to, site preparation, establishment of new text end 17.35 new text begin diverse plant species, maintenance, and new text end 17.36 new text begin additional enhancement to establish the new text end 18.1 new text begin restoration; identify long-term maintenance new text end 18.2 new text begin and management needs of the restoration new text end 18.3 new text begin and how the maintenance, management, and new text end 18.4 new text begin enhancement will be financed; and use the new text end 18.5 new text begin current conservation science to achieve the new text end 18.6 new text begin best restoration. new text end 18.7 new text begin (e) For new lands acquired, a recipient new text end 18.8 new text begin must prepare a restoration and management new text end 18.9 new text begin plan in compliance with paragraph (d), new text end 18.10 new text begin including identification of sufficient funding new text end 18.11 new text begin for implementation. new text end 18.12 new text begin (f) To ensure public accountability for the new text end 18.13 new text begin use of public funds, a recipient must provide new text end 18.14 new text begin to the Lessard-Sams Outdoor Heritage new text end 18.15 new text begin Council documentation of the selection new text end 18.16 new text begin process used to identify parcels acquired new text end 18.17 new text begin in fee or permanent conservation easement new text end 18.18 new text begin and provide the council with documentation new text end 18.19 new text begin of all related transaction costs, including, new text end 18.20 new text begin but not limited to, appraisals, legal fees, new text end 18.21 new text begin recording fees, commissions, other similar new text end 18.22 new text begin costs, and donations. This information new text end 18.23 new text begin must be provided for all parties involved new text end 18.24 new text begin in the transaction. The recipient shall new text end 18.25 new text begin also report to the Lessard-Sams Outdoor new text end 18.26 new text begin Heritage Council any difference between the new text end 18.27 new text begin acquisition amount paid to the seller and the new text end 18.28 new text begin state-certified or state-reviewed appraisal, if new text end 18.29 new text begin a state-certified or state-reviewed appraisal new text end 18.30 new text begin was conducted. Acquisition data such new text end 18.31 new text begin as appraisals may remain private during new text end 18.32 new text begin negotiations but must ultimately be made new text end 18.33 new text begin public according to Minnesota Statutes, new text end 18.34 new text begin chapter 13. new text end 19.1 new text begin (g) Except as otherwise provided in this new text end 19.2 new text begin section, all restoration and enhancement new text end 19.3 new text begin projects funded with money appropriated in new text end 19.4 new text begin this section must be on land permanently new text end 19.5 new text begin protected by a conservation easement or new text end 19.6 new text begin public ownership or in public waters as new text end 19.7 new text begin defined in Minnesota Statutes, section new text end 19.8 new text begin 103G.005, subdivision 15. new text end 19.9 new text begin (h) To the extent an appropriation is used to new text end 19.10 new text begin acquire an interest in real property, a recipient new text end 19.11 new text begin of an appropriation under this section must new text end 19.12 new text begin provide to the Lessard-Sams Outdoor new text end 19.13 new text begin Heritage Council and the commissioner new text end 19.14 new text begin of management and budget an analysis of new text end 19.15 new text begin increased operations and maintenance costs new text end 19.16 new text begin likely to be incurred by public entities as new text end 19.17 new text begin a result of the acquisition and of how these new text end 19.18 new text begin costs are to be paid. new text end 19.19 new text begin (i) A recipient of money from an new text end 19.20 new text begin appropriation in this section must give new text end 19.21 new text begin consideration to and make timely written new text end 19.22 new text begin contact with the Minnesota Conservation new text end 19.23 new text begin Corps or its successor for consideration of new text end 19.24 new text begin possible use of their services to contract for new text end 19.25 new text begin restoration and enhancement services. A new text end 19.26 new text begin copy of the written contact must be filed with new text end 19.27 new text begin the Lessard-Sams Outdoor Heritage Council new text end 19.28 new text begin within 15 days of execution. new text end 19.29 new text begin (j) A recipient of money from this section new text end 19.30 new text begin must erect signage according to Laws 2009, new text end 19.31 new text begin chapter 172, article 5, section 10. new text end 19.32 19.33 new text begin Subd. 10. new text end new text begin Payment Conditions and Capital new text end new text begin Equipment Expenditures new text end 19.34 new text begin All agreements, grants, or contracts referred new text end 19.35 new text begin to in this section must be administered on new text end 20.1 new text begin a reimbursement basis unless otherwise new text end 20.2 new text begin provided in this section. Notwithstanding new text end 20.3 new text begin Minnesota Statutes, section 16A.41, new text end 20.4 new text begin expenditures directly related to each new text end 20.5 new text begin appropriation's purpose made on or after July new text end 20.6 new text begin 1, 2010, are eligible for reimbursement unless new text end 20.7 new text begin otherwise provided in this section. Periodic new text end 20.8 new text begin reimbursement must be made upon receiving new text end 20.9 new text begin documentation that the deliverable items new text end 20.10 new text begin articulated in the approved accomplishment new text end 20.11 new text begin plan have been achieved, including partial new text end 20.12 new text begin achievements as evidenced by approved new text end 20.13 new text begin progress reports. Reasonable amounts may new text end 20.14 new text begin be advanced to projects to accommodate new text end 20.15 new text begin cash flow needs or to match federal share. new text end 20.16 new text begin The advances must be approved as part of new text end 20.17 new text begin the accomplishment plan. Capital equipment new text end 20.18 new text begin expenditures for specific items in excess of new text end 20.19 new text begin $10,000 must be approved as part of the new text end 20.20 new text begin accomplishment plan. new text end 20.21 20.22 new text begin Subd. 11. new text end new text begin Purchase of Recycled and Recyclable new text end new text begin Materials new text end 20.23 new text begin A political subdivision, public or private new text end 20.24 new text begin corporation, or other entity that receives an new text end 20.25 new text begin appropriation in this section must use the new text end 20.26 new text begin appropriation in compliance with Minnesota new text end 20.27 new text begin Statutes, section 16B.121, regarding new text end 20.28 new text begin purchase of recycled, repairable, and durable new text end 20.29 new text begin materials, and section 16B.122, regarding new text end 20.30 new text begin purchase and use of paper stock and printing. new text end 20.31 new text begin Subd. 12. new text end new text begin Accessibility new text end 20.32 new text begin Structural and nonstructural facilities must new text end 20.33 new text begin meet the design standards in the Americans new text end 20.34 new text begin with Disabilities Act (ADA) accessibility new text end 20.35 new text begin guidelines. new text end 21.1 new text begin Subd. 13. new text end new text begin Land Acquisition Restrictions new text end 21.2 new text begin (a) An interest in real property, including, but new text end 21.3 new text begin not limited to, an easement or fee title, that new text end 21.4 new text begin is acquired with money appropriated under new text end 21.5 new text begin this section must be used in perpetuity or for new text end 21.6 new text begin the specific term of an easement interest for new text end 21.7 new text begin the purpose for which the appropriation was new text end 21.8 new text begin made. new text end 21.9 new text begin (b) A recipient of funding who acquires new text end 21.10 new text begin an interest in real property subject to this new text end 21.11 new text begin subdivision may not alter the intended use new text end 21.12 new text begin of the interest in real property or convey new text end 21.13 new text begin any interest in the real property acquired new text end 21.14 new text begin with the appropriation without the prior new text end 21.15 new text begin review and approval of the Lessard-Sams new text end 21.16 new text begin Outdoor Heritage Council or its successor. new text end 21.17 new text begin The council shall notify the chairs and new text end 21.18 new text begin ranking minority members of the legislative new text end 21.19 new text begin committees and divisions with jurisdiction new text end 21.20 new text begin over the outdoor heritage fund at least 15 new text end 21.21 new text begin business days before approval under this new text end 21.22 new text begin paragraph. The council shall establish new text end 21.23 new text begin procedures to review requests from recipients new text end 21.24 new text begin to alter the use of or convey an interest in new text end 21.25 new text begin real property. These procedures shall allow new text end 21.26 new text begin for the replacement of the interest in real new text end 21.27 new text begin property with another interest in real property new text end 21.28 new text begin meeting the following criteria: (1) the new text end 21.29 new text begin interest is at least equal in fair market value, new text end 21.30 new text begin as certified by the commissioner of natural new text end 21.31 new text begin resources, to the interest being replaced; and new text end 21.32 new text begin (2) the interest is in a reasonably equivalent new text end 21.33 new text begin location and has a reasonably equivalent new text end 21.34 new text begin useful conservation purpose compared to the new text end 21.35 new text begin interest being replaced. new text end 22.1 new text begin (c) A recipient of funding who acquires an new text end 22.2 new text begin interest in real property under paragraph new text end 22.3 new text begin (a) must separately record a notice of new text end 22.4 new text begin funding restrictions in the appropriate local new text end 22.5 new text begin government office where the conveyance new text end 22.6 new text begin of the interest in real property is filed. The new text end 22.7 new text begin notice of funding agreement must contain: new text end 22.8 new text begin (1) a legal description of the interest in real new text end 22.9 new text begin property covered by the funding agreement; new text end 22.10 new text begin (2) a reference to the underlying funding new text end 22.11 new text begin agreement; (3) a reference to this section; and new text end 22.12 new text begin (4) the following statement: "This interest new text end 22.13 new text begin in real property shall be administered in new text end 22.14 new text begin accordance with the terms, conditions, and new text end 22.15 new text begin purposes of the grant agreement controlling new text end 22.16 new text begin the acquisition of the property. The interest new text end 22.17 new text begin in real property, or any portion of the interest new text end 22.18 new text begin in real property, shall not be sold, transferred, new text end 22.19 new text begin pledged, or otherwise disposed of or further new text end 22.20 new text begin encumbered without obtaining the prior new text end 22.21 new text begin written approval of the Lessard-Sams new text end 22.22 new text begin Outdoor Heritage Council or its successor. new text end 22.23 new text begin The ownership of the interest in real property new text end 22.24 new text begin shall transfer to the state if: (1) the holder of new text end 22.25 new text begin the interest in real property fails to comply new text end 22.26 new text begin with the terms and conditions of the grant new text end 22.27 new text begin agreement or accomplishment plan; or new text end 22.28 new text begin (2) restrictions are placed on the land that new text end 22.29 new text begin preclude its use for the intended purpose as new text end 22.30 new text begin specified in the appropriation." new text end 22.31 new text begin Subd. 14. new text end new text begin Real Property Interest Report new text end 22.32 new text begin By December 1 each year, a recipient of new text end 22.33 new text begin money appropriated under this section that new text end 22.34 new text begin is used for the acquisition of an interest in new text end 22.35 new text begin real property, including, but not limited to, new text end 22.36 new text begin an easement or fee title, must submit annual new text end 23.1 new text begin reports on the status of the real property to new text end 23.2 new text begin the Lessard-Sams Outdoor Heritage Council new text end 23.3 new text begin or its successor in a form determined by the new text end 23.4 new text begin council. The responsibility for reporting new text end 23.5 new text begin under this section may be transferred by new text end 23.6 new text begin the recipient of the appropriation to another new text end 23.7 new text begin person or entity that holds the interest in the new text end 23.8 new text begin real property. To complete the transfer of new text end 23.9 new text begin reporting responsibility, the recipient of the new text end 23.10 new text begin appropriation must: (1) inform the person to new text end 23.11 new text begin whom the responsibility is transferred of that new text end 23.12 new text begin person's reporting responsibility; (2) inform new text end 23.13 new text begin the person to whom the responsibility is new text end 23.14 new text begin transferred of the property restrictions under new text end 23.15 new text begin subdivision 13; (3) provide written notice new text end 23.16 new text begin to the council of the transfer of reporting new text end 23.17 new text begin responsibility, including contact information new text end 23.18 new text begin for the person to whom the responsibility is new text end 23.19 new text begin transferred; and (4) provide the Lessard-Sams new text end 23.20 new text begin Outdoor Heritage Council or its successor new text end 23.21 new text begin written documentation from the person or new text end 23.22 new text begin entity holding the interest in real property new text end 23.23 new text begin certifying its acceptance of all reporting new text end 23.24 new text begin obligations and responsibilities previously new text end 23.25 new text begin held by the recipient of the appropriation. new text end 23.26 new text begin After the transfer, the person or entity that new text end 23.27 new text begin holds the interest in the real property is new text end 23.28 new text begin responsible for reporting requirements under new text end 23.29 new text begin this section. new text end 23.30 new text begin Subd. 15. new text end new text begin Successor Organizations new text end 23.31 new text begin The Lessard-Sams Outdoor Heritage council new text end 23.32 new text begin may approve the continuation of a project new text end 23.33 new text begin with an organization that has adopted a new new text end 23.34 new text begin name. Continuation of a project with an new text end 23.35 new text begin organization that has undergone a significant new text end 23.36 new text begin change in mission, structure, or purpose new text end 24.1 new text begin will require: (1) notice to the chairs of new text end 24.2 new text begin committees with relevant jurisdiction; and (2) new text end 24.3 new text begin presentation by the Lessard-Sams Outdoor new text end 24.4 new text begin Heritage Council of proposed legislation new text end 24.5 new text begin either ratifying or rejecting continued new text end 24.6 new text begin involvement with the new organization. new text end 24.7    Sec. 3. Minnesota Statutes 2009 Supplement, section 85.53, is amended by adding a 24.8subdivision to read: 24.9     new text begin Subd. 5. new text end new text begin Restoration evaluations. new text end new text begin Beginning July 1, 2011, the commissioner of new text end 24.10 new text begin natural resources shall convene a technical evaluation panel comprised of five members, new text end 24.11 new text begin including one technical representative from the Board of Water and Soil Resources, one new text end 24.12 new text begin technical representative from the Department of Natural Resources, one technical expert new text end 24.13 new text begin from the University of Minnesota or the Minnesota State Colleges and Universities, new text end 24.14 new text begin and two other representatives with expertise related to the project being evaluated. new text end 24.15 new text begin The commissioner may add a technical representative from a unit of federal or local new text end 24.16 new text begin government. The members of the technical evaluation panel may not be associated with new text end 24.17 new text begin the restoration, may vary depending upon the projects being reviewed, and shall avoid any new text end 24.18 new text begin potential conflicts of interest. Each year, the commissioner shall assign a coordinator to new text end 24.19 new text begin identify a sample of up to ten habitat restoration projects completed with parks and trails new text end 24.20 new text begin funding. The coordinator shall secure the restoration plans for the projects specified and new text end 24.21 new text begin direct the technical evaluation panel to evaluate the restorations relative to the law, current new text end 24.22 new text begin science, and the stated goals and standards in the restoration plan and, when applicable, to new text end 24.23 new text begin the Board of Water and Soil Resources' native vegetation establishment and enhancement new text end 24.24 new text begin guidelines. The coordinator shall summarize the findings of the panel and provide a report new text end 24.25 new text begin to the chairs of the respective house of representatives and senate policy and finance new text end 24.26 new text begin committees with jurisdiction over natural resources and spending from the parks and new text end 24.27 new text begin trails fund. The report shall determine if the restorations are meeting planned goals, any new text end 24.28 new text begin problems with the implementation of restorations, and, if necessary, recommendations on new text end 24.29 new text begin improving restorations. The report shall be focused on improving future restorations. Up new text end 24.30 new text begin to one-tenth of one percent of forecasted receipts from the parks and trails fund may be new text end 24.31 new text begin used for restoration evaluations under this section. new text end 24.32    Sec. 4. Minnesota Statutes 2009 Supplement, section 97A.056, subdivision 3, is 24.33amended to read: 25.1    Subd. 3. Council recommendations. (a) The council shall make recommendations 25.2to the legislature on appropriations of money from the outdoor heritage fund that are 25.3consistent with the Constitution and state law and that will achieve the outcomes of 25.4existing natural resource plans, including, but not limited to, the Minnesota Statewide 25.5Conservation and Preservation Plan, that directly relate to the restoration, protection, and 25.6enhancement of wetlands, prairies, forests, and habitat for fish, game, and wildlife, and that 25.7prevent forest fragmentation, encourage forest consolidation, and expand restored native 25.8prairie. new text begin In making recommendations, the council shall consider a range of options that new text end 25.9 new text begin would best restore, protect, and enhance wetlands, prairies, forests, and habitat for fish, new text end 25.10 new text begin game, and wildlife, and shall not adopt definitions of "restore", "protect", or "enhance" that new text end 25.11 new text begin would limit the council from considering options that are consistent with the Constitution. new text end 25.12The council shall submit its initial recommendations to the legislature no later than April 1, 25.132009. Subsequent recommendations shall be submitted no later than January 15 each year. 25.14The council shall present its recommendations to the senate and house of representatives 25.15committees with jurisdiction over the environment and natural resources budget by 25.16February 15 in odd-numbered years, and within the first four weeks of the legislative 25.17session in even-numbered years. The council's budget recommendations to the legislature 25.18shall be separate from the Department of Natural Resource's budget recommendations. 25.19    (b) To encourage and support local conservation efforts, the council shall establish a 25.20conservation partners program. Local, regional, state, or national organizations may apply 25.21for matching grants for restoration, protection, and enhancement of wetlands, prairies, 25.22forests, and habitat for fish, game, and wildlife, prevention of forest fragmentation, 25.23encouragement of forest consolidation, and expansion of restored native prairie. 25.24    (c) The council may work with the Clean Water Council to identify projects that 25.25are consistent with both the purpose of the outdoor heritage fund and the purpose of 25.26the clean water fund. 25.27    (d) The council may make recommendations to the Legislative-Citizen Commission 25.28on Minnesota Resources on scientific research that will assist in restoring, protecting, and 25.29enhancing wetlands, prairies, forests, and habitat for fish, game, and wildlife, preventing 25.30forest fragmentation, encouraging forest consolidation, and expanding restored native 25.31prairie. 25.32    (e) Recommendations of the council, including approval of recommendations for the 25.33outdoor heritage fund, require an affirmative vote of at least nine members of the council. 25.34(f) The council may work with the Clean Water Council, the Legislative-Citizen 25.35Commission on Minnesota Resources, the Board of Water and Soil Resources, soil and 26.1water conservation districts, and experts from Minnesota State Colleges and Universities 26.2and the University of Minnesota in developing the council's recommendations. 26.3(g) The council shall develop and implement a process that ensures that citizens 26.4and potential recipients of funds are included throughout the process, including the 26.5development and finalization of the council's recommendations. The process must include 26.6a fair, equitable, and thorough process for reviewing requests for funding and a clear and 26.7easily understood process for ranking projects. 26.8(h) The council shall use the regions of the state based upon the ecological 26.9regions and subregions developed by the Department of Natural Resources and establish 26.10objectives for each region and subregion to achieve the purposes of the fund outlined 26.11in the state constitution. 26.12(i) The council shall develop and submit to the Legislative Coordinating Commission 26.13plans for the first ten years of funding, and a framework for 25 years of funding, consistent 26.14with statutory and constitutional requirements. The council may use existing plans from 26.15other legislative, state, and federal sources, as applicable. 26.16    Sec. 5. Minnesota Statutes 2008, section 97A.056, subdivision 5, is amended to read: 26.17    Subd. 5. Open meetings. (a) Meetings of the council and other groups the council 26.18may establish are subject to chapter 13D. Except where prohibited by law, the council 26.19shall establish additional processes to broaden public involvement in all aspects of its 26.20deliberations, including recording meetings, video conferencing, and publishing minutes. 26.21For the purposes of this subdivision, a meeting occurs when a quorum is present and the 26.22members receive information or take action on any matter relating to the duties of the 26.23council. The quorum requirement for the council shall be seven members. 26.24    (b) new text begin Travel to and from scheduled and publicly noticed site visits by council members new text end 26.25 new text begin for the purposes of receiving information is not a violation of paragraph (a). Any decision new text end 26.26 new text begin or agreement to make a decision during the travel is a violation of paragraph (a). new text end 26.27 new text begin (c) new text end For legislative members of the council, enforcement of this subdivision is 26.28governed by section 3.055, subdivision 2. For nonlegislative members of the council, 26.29enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2. 26.30    Sec. 6. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision 26.31to read: 26.32     new text begin Subd. 8. new text end new text begin Revenues. new text end new text begin When a parcel of land that was previously purchased with new text end 26.33 new text begin outdoor heritage funds is transferred to the state, the owner of the land shall disclose to the new text end 26.34 new text begin council and commissioner of natural resources: new text end 27.1 new text begin (1) all revenues generated from activities on the land from the time the land was new text end 27.2 new text begin purchased with outdoor heritage funds until the land was transferred to the state; new text end 27.3 new text begin (2) all holding costs associated with managing the land between the time of purchase new text end 27.4 new text begin with outdoor heritage funds and the time the land was transferred to the state; and new text end 27.5 new text begin (3) the total net revenues as determined by subtracting the costs described in clause new text end 27.6 new text begin (2) from the revenues described in clause (1). new text end 27.7    Sec. 7. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision 27.8to read: 27.9     new text begin Subd. 9. new text end new text begin Lands in public domain. new text end new text begin Money appropriated from the outdoor heritage new text end 27.10 new text begin fund shall not be used to purchase any land in fee title or a permanent conservation new text end 27.11 new text begin easement if the land in question is fully or partially owned by the state of Minnesota new text end 27.12 new text begin or a political subdivision of the state, unless: (1) the purchase creates additional direct new text end 27.13 new text begin benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat new text end 27.14 new text begin for fish, game, and wildlife; and (2) the purchase is approved by an affirmative vote of new text end 27.15 new text begin at least nine members of the council. At least 15 business days prior to a decision under new text end 27.16 new text begin this subdivision, the council shall submit the planned decision item to the Legislative new text end 27.17 new text begin Coordinating Commission. The planned decision item takes effect 15 business days new text end 27.18 new text begin after it is submitted by the council. new text end 27.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2010, and applies only to new text end 27.20 new text begin projects proposed after that date. new text end 27.21    Sec. 8. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision 27.22to read: 27.23     new text begin Subd. 10. new text end new text begin Restoration evaluations. new text end new text begin Beginning July 1, 2011, the commissioner of new text end 27.24 new text begin natural resources and the Board of Water and Soil Resources shall convene a technical new text end 27.25 new text begin evaluation panel comprised of five members, including one technical representative new text end 27.26 new text begin from the Board of Water and Soil Resources, one technical representative from the new text end 27.27 new text begin Department of Natural Resources, one technical expert from the University of Minnesota new text end 27.28 new text begin or the Minnesota State Colleges and Universities, and two representatives with expertise new text end 27.29 new text begin in the project being evaluated. The board and the commissioner may add a technical new text end 27.30 new text begin representative from a unit of federal or local government. The members of the technical new text end 27.31 new text begin evaluation panel may not be associated with the restoration, may vary depending upon new text end 27.32 new text begin the projects being reviewed, and shall avoid any potential conflicts of interest. Each year, new text end 27.33 new text begin the board and the commissioner shall assign a coordinator to identify a sample of up to new text end 27.34 new text begin ten habitat restoration projects completed with outdoor heritage funding. The coordinator new text end 28.1 new text begin shall secure the restoration plans for the projects specified and direct the technical new text end 28.2 new text begin evaluation panel to evaluate the restorations relative to the law, current science, and the new text end 28.3 new text begin stated goals and standards in the restoration plan and, when applicable, to the Board of new text end 28.4 new text begin Water and Soil Resources' native vegetation establishment and enhancement guidelines. new text end 28.5 new text begin The coordinator shall summarize the findings of the panel and provide a report to the chair new text end 28.6 new text begin of the Lessard-Sams Outdoor Heritage Council and the chairs of the respective house of new text end 28.7 new text begin representatives and senate policy and finance committees with jurisdiction over natural new text end 28.8 new text begin resources and spending from the outdoor heritage fund. The report shall determine if new text end 28.9 new text begin the restorations are meeting planned goals, any problems with the implementation of new text end 28.10 new text begin restorations, and, if necessary, recommendations on improving restorations. The report new text end 28.11 new text begin shall be focused on improving future restorations. Up to one-tenth of one percent of new text end 28.12 new text begin forecasted receipts from the outdoor heritage fund may be used for restoration evaluations new text end 28.13 new text begin under this section. new text end 28.14    Sec. 9. Minnesota Statutes 2009 Supplement, section 114D.50, is amended by adding a 28.15subdivision to read: 28.16     new text begin Subd. 6. new text end new text begin Restoration evaluations. new text end new text begin Beginning July 1, 2011, the Board of Water and new text end 28.17 new text begin Soil Resources shall convene a technical evaluation panel comprised of five members, new text end 28.18 new text begin including one technical representative from the Board of Water and Soil Resources, one new text end 28.19 new text begin technical representative from the Department of Natural Resources, one technical expert new text end 28.20 new text begin from the University of Minnesota or the Minnesota State Colleges and Universities, and new text end 28.21 new text begin two representatives with expertise related to the project being evaluated. The board may new text end 28.22 new text begin add a technical representative from a unit of federal or local government. The members new text end 28.23 new text begin of the technical evaluation panel may not be associated with the restoration, may vary new text end 28.24 new text begin depending upon the projects being reviewed, and shall avoid any potential conflicts of new text end 28.25 new text begin interest. Each year, the board shall assign a coordinator to identify a sample of up to ten new text end 28.26 new text begin habitat restoration projects completed with clean water funding. The coordinator shall new text end 28.27 new text begin secure the restoration plans for the projects specified and direct the technical evaluation new text end 28.28 new text begin panel to evaluate the restorations relative to the law, current science, and the stated new text end 28.29 new text begin goals and standards in the restoration plan and, when applicable, to the Board of Water new text end 28.30 new text begin and Soil Resources' native vegetation establishment and enhancement guidelines. The new text end 28.31 new text begin coordinator shall summarize the findings of the panel and provide a report to the chairs new text end 28.32 new text begin of the respective house of representatives and senate policy and finance committees new text end 28.33 new text begin with jurisdiction over natural resources and spending from the clean water fund. The new text end 28.34 new text begin report shall determine if the restorations are meeting planned goals, any problems with new text end 28.35 new text begin the implementation of restorations, and, if necessary, recommendations on improving new text end 29.1 new text begin restorations. The report shall be focused on improving future restorations. Up to one-tenth new text end 29.2 new text begin of one percent of forecasted receipts from the clean water fund may be used for restoration new text end 29.3 new text begin evaluations under this section. new text end 29.4    Sec. 10. new text begin LAND MANAGEMENT RECOMMENDATIONS. new text end 29.5 new text begin The commissioner of management and budget, in consultation with the new text end 29.6 new text begin commissioner of natural resources and the Board of Water and Soil Resources, shall new text end 29.7 new text begin prepare recommendations to the legislature on methods to accomplish the reasonable new text end 29.8 new text begin management, care, restoration, and protection of land acquired in fee title or easement. new text end 29.9 new text begin The commissioner of management and budget shall submit a report to the chairs of the new text end 29.10 new text begin house of representatives and senate committees and divisions with jurisdiction over new text end 29.11 new text begin environment and natural resources finance and cultural and outdoor resources finance by new text end 29.12 new text begin January 15, 2011. new text end 29.13    Sec. 11. new text begin REPEALER. new text end 29.14 new text begin Minnesota Statutes 2009 Supplement, sections 3.3006; and 84.02, subdivisions 4a, new text end 29.15 new text begin 6a, and 6b, new text end new text begin are repealed. new text end 29.16ARTICLE 2 29.17CLEAN WATER FUND 29.18    Section 1. Minnesota Statutes 2008, section 473.1565, subdivision 2, is amended to 29.19read: 29.20    Subd. 2. Advisory committee. (a) A Metropolitan Area Water Supply Advisory 29.21Committee is established to assist the council in its planning activities in subdivision 1. 29.22The advisory committee has the following membership: 29.23    (1) the commissioner of agriculture or the commissioner's designee; 29.24    (2) the commissioner of health or the commissioner's designee; 29.25    (3) the commissioner of natural resources or the commissioner's designee; 29.26    (4) the commissioner of the Pollution Control Agency or the commissioner's 29.27designee; 29.28    (5) two officials of counties that are located in the metropolitan area, appointed by 29.29the governor; 29.30    (6) five officials of noncounty local governmental units that are located in the 29.31metropolitan area, appointed by the governor; and 29.32    (7) the chair of the Metropolitan Council or the chair's designee, who is chair of the 29.33advisory committee new text begin ; and new text end 30.1 new text begin (8) one official each from the counties of Chisago, Isanti, Sherburne, and Wright, new text end 30.2 new text begin appointed by the governor new text end . 30.3    A local government unit in each of the seven counties in the metropolitan area 30.4 new text begin and Chisago, Isanti, Sherburne, and Wright Counties new text end must be represented in the seven new text begin new text end 30.5 new text begin 11 new text end appointments made under clauses (5) new text begin , new text end and (6) new text begin , and (8) new text end . 30.6    (b) Members of the advisory committee appointed by the governor serve at the 30.7pleasure of the governor. Members of the advisory committee serve without compensation 30.8but may be reimbursed for their reasonable expenses as determined by the Metropolitan 30.9Council. The advisory committee expires December 31, 2010 new text begin 2012 new text end . 30.10    (c) The council must consider the work and recommendations of the advisory 30.11committee when the council is preparing its regional development framework. 30.12    Sec. 2. Laws 2009, chapter 172, article 2, section 4, is amended to read: 30.13 30.14 Sec. 4. POLLUTION CONTROL AGENCY$24,076,000$27,285,000 new text begin 27,630,000 new text end 30.15(a) $9,000,000 the first year and $9,000,000 30.16the second year are to develop total 30.17maximum daily load (TMDL) studies and 30.18TMDL implementation plans for waters 30.19listed on the United States Environmental 30.20Protection Agency approved impaired 30.21waters list in accordance with Minnesota 30.22Statutes, chapter 114D. The agency shall 30.23complete an average of ten percent of the 30.24TMDLs each year over the biennium. Of 30.25this amount, $348,000 the first year is to 30.26retest the comprehensive assessment of the 30.27biological conditions of the lower Minnesota 30.28River and its tributaries within the Lower 30.29Minnesota River Major Watershed, as 30.30previously assessed from 1976 to 1992 under 30.31the Minnesota River Assessment Project 30.32(MRAP). The assessment must include the 30.33same fish species sampling at the same 116 30.34locations and the same macroinvertebrate 31.1sampling at the same 41 locations as the 31.2MRAP assessment. The assessment must: 31.3(1) include an analysis of the findings; and 31.4(2) identify factors that limit aquatic life in 31.5the Minnesota River. 31.6Of this amount, $250,000 the first year is 31.7for a pilot project for the development of 31.8total maximum daily load (TMDL) studies 31.9conducted on a watershed basis within 31.10the Buffalo River watershed in order to 31.11protect, enhance, and restore water quality 31.12in lakes, rivers, and streams. The pilot 31.13project shall include all necessary field 31.14work to develop TMDL studies for all 31.15impaired subwatersheds within the Buffalo 31.16River watershed and provide information 31.17necessary to complete reports for most of the 31.18remaining watersheds, including analysis of 31.19water quality data, identification of sources 31.20of water quality degradation and stressors, 31.21load allocation development, development 31.22of reports that provide protection plans 31.23for subwatersheds that meet water quality 31.24standards, and development of reports that 31.25provide information necessary to complete 31.26TMDL studies for subwatersheds that do not 31.27meet water quality standards, but are not 31.28listed as impaired. 31.29(b) $500,000 the first year is for development 31.30of an enhanced TMDL database to manage 31.31and track progress. Of this amount, $63,000 31.32the first year is to promulgate rules. By 31.33November 1, 2010, the commissioner shall 31.34submit a report to the chairs of the house of 31.35representatives and senate committees with 32.1jurisdiction over environment and natural 32.2resources finance on the outcomes achieved 32.3with this appropriation. 32.4(c) $1,500,000 the first year and $3,169,000 32.5the second year are for grants under 32.6Minnesota Statutes, section 116.195, to 32.7political subdivisions for up to 50 percent 32.8of the costs to predesign, design, and 32.9implement capital projects that use treated 32.10municipal wastewater instead of groundwater 32.11from drinking water aquifers, in order to 32.12demonstrate the beneficial use of wastewater, 32.13including the conservation and protection of 32.14water resources. Of this amount, $1,000,000 32.15the first year is for grants to ethanol plants 32.16that are within one and one-half miles of a 32.17city for improvements that reuse greater than 32.18300,000 gallons of wastewater per day. 32.19(d) $1,125,000 the first year and $1,125,000 32.20the second year are for groundwater 32.21assessment and drinking water protection to 32.22include: 32.23(1) the installation and sampling of at least 32.2430 new monitoring wells; 32.25(2) the analysis of samples from at least 40 32.26shallow monitoring wells each year for the 32.27presence of endocrine disrupting compounds; 32.28and 32.29(3) the completion of at least four to 32.30five groundwater models for TMDL and 32.31watershed plans. 32.32(e) $2,500,000 the first year is for the clean 32.33water partnership program. Priority shall be 32.34given to projects preventing impairments and 33.1degradation of lakes, rivers, streams, and 33.2groundwater in accordance with Minnesota 33.3Statutes, section 114D.20, subdivision 2, 33.4clause (4). Any balance remaining in the first 33.5year does not cancel and is available for the 33.6second year. 33.7(f) $896,000 the first year is to establish 33.8a network of water monitoring sites, to 33.9include at least 20 additional sites, in public 33.10waters adjacent to wastewater treatment 33.11facilities across the state to assess levels of 33.12endocrine-disrupting compounds, antibiotic 33.13compounds, and pharmaceuticals as required 33.14in this article. The data must be placed on 33.15the agency's Web site. 33.16(g) $155,000 the first year is to provide 33.17notification of the potential for coal tar 33.18contamination, establish a storm water 33.19pond inventory schedule, and develop best 33.20management practices for treating and 33.21cleaning up contaminated sediments as 33.22required in this article. $345,000 new text begin $490,000 new text end 33.23the second year is to develop a model 33.24ordinance for the restricted use of undiluted 33.25coal tar sealants and to provide grants to local 33.26units of government for up to 50 percent of 33.27the costs to implement best management 33.28practices to treat or clean up contaminated 33.29sediments in storm water ponds and other 33.30waters as defined under this article. Local 33.31governments must have adopted an ordinance 33.32for the restricted use of undiluted coal tar 33.33sealants in order to be eligible for a grant, 33.34unless a statewide restriction has been 33.35implemented. A grant awarded under this 33.36paragraph must not exceed $100,000. new text begin Up to new text end 34.1 new text begin $145,000 of the appropriation in the second new text end 34.2 new text begin year may be used to complete work required new text end 34.3 new text begin under section 28, paragraph (c). new text end 34.4(h) $350,000 the first year and $400,000 new text begin new text end 34.5 new text begin $600,000 new text end the second year are for a restoration 34.6project in the lower St. Louis River and 34.7Duluth harbor new text begin in order to improve water new text end 34.8 new text begin quality new text end . This appropriation must be matched 34.9by nonstate money at a rate of new text begin at least new text end $2 for 34.10every $1 of state money. 34.11(i) $150,000 the first year and $196,000 the 34.12second year are for grants to the Red River 34.13Watershed Management Board to enhance 34.14and expand existing river watch activities in 34.15the Red River of the North. The Red River 34.16Watershed Management Board shall provide 34.17a report that includes formal evaluation 34.18results from the river watch program to the 34.19commissioners of education and the Pollution 34.20Control Agency and to the legislative natural 34.21resources finance and policy committees 34.22and K-12 finance and policy committees by 34.23February 15, 2011. 34.24(j) $200,000 the first year and $300,000 the 34.25second year are for coordination with the 34.26state of Wisconsin and the National Park 34.27Service on comprehensive water monitoring 34.28and phosphorus reduction activities in the 34.29Lake St. Croix portion of the St. Croix 34.30River. The Pollution Control Agency 34.31shall work with the St. Croix Basin Water 34.32Resources Planning Team and the St. Croix 34.33River Association in implementing the 34.34water monitoring and phosphorus reduction 34.35activities. This appropriation is available 35.1to the extent matched by nonstate sources. 35.2Money not matched by November 15, 2010, 35.3cancels for this purpose and is available for 35.4the purposes of paragraph (a). 35.5(k) $7,500,000 the first year and $7,500,000 35.6the second year are for completion of 20 35.7percent of the needed statewide assessments 35.8of surface water quality and trends. Of this 35.9amount, $175,000 the first year and $200,000 35.10the second year are for monitoring and 35.11analyzing endocrine disruptors in surface 35.12waters. 35.13(l) $100,000 the first year and $150,000 35.14the second year are for civic engagement 35.15in TMDL development. The agency shall 35.16develop a plan for expenditures under 35.17this paragraph. The agency shall give 35.18consideration to civic engagement proposals 35.19from basin or sub-basin organizations, 35.20including the Mississippi Headwaters Board, 35.21the Minnesota River Joint Powers Board, 35.22Area II Minnesota River Basin Projects, 35.23and the Red River Basin Commission. 35.24By November 15, 2009, the plan shall be 35.25submitted to the house and senate chairs 35.26and ranking minority members of the 35.27environmental finance divisions. 35.28(m) $5,000,000 the second year is for 35.29groundwater protection or prevention of 35.30groundwater degradation activities. By 35.31January 15, 2010, the commissioner, in 35.32consultation with the commissioner of 35.33natural resources, the Board of Water and 35.34Soil Resources, and other agencies, shall 35.35submit a report to the chairs of the house of 36.1representatives and senate committees with 36.2jurisdiction over the clean water fund on the 36.3intended use of these funds. The legislature 36.4must approve expenditure of these funds by 36.5law. 36.6(n) $100,000 the first year and $100,000 the 36.7second year are for grants to the Star Lake 36.8Board established under Minnesota Statutes, 36.9section . The appropriation is a 36.10pilot program to focus on engaging citizen 36.11participation and fostering local partnerships 36.12by increasing citizen involvement in water 36.13quality enhancement by designating star 36.14lakes and rivers. The board shall include 36.15information on the results of this pilot 36.16program in its next biennial report under 36.17Minnesota Statutes, section . The 36.18second year grants are available only if 36.19the Board of Water and Soil Resources 36.20determines that the money granted in the first 36.21year furthered the water quality goals in the 36.22star lakes program in Minnesota Statutes, 36.23section . * (The preceding 36.24paragraph beginning "(n) $100,000 the 36.25first year" was indicated as vetoed by the 36.26governor.) 36.27Notwithstanding Minnesota Statutes, section 36.2816A.28 , the appropriations encumbered on or 36.29before June 30, 2011, as grants or contracts in 36.30this section are available until June 30, 2013. 36.31    Sec. 3. new text begin CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS. new text end 36.32 new text begin The appropriations in fiscal years 2011 and 2012 to the Department of Natural new text end 36.33 new text begin Resources for high-resolution digital elevation data in Laws 2009, chapter 172, article 2, new text end 36.34 new text begin section 5, paragraph (d), are available until June 30, 2012. new text end 37.1    Sec. 4. new text begin CLEAN WATER FUND APPROPRIATIONS. new text end 37.2     new text begin Subdivision 1. new text end new text begin Pollution Control Agency. new text end new text begin $600,000 in fiscal year 2011 is new text end 37.3 new text begin appropriated from the clean water fund to the commissioner of the Pollution Control new text end 37.4 new text begin Agency to continue rulemaking to establish water quality standards for total nitrogen and new text end 37.5 new text begin nitrate nitrogen. This is a onetime appropriation. new text end 37.6     new text begin Subd. 2. new text end new text begin Department of Natural Resources. new text end new text begin The $5,000,000 appropriated new text end 37.7 new text begin in Laws 2009, chapter 172, article 2, section 4, paragraph (m), for activities relating new text end 37.8 new text begin to groundwater protection or prevention of groundwater degradation is canceled and new text end 37.9 new text begin $4,000,000 is appropriated in fiscal year 2011 to the commissioner of natural resources for new text end 37.10 new text begin the following purposes: new text end 37.11 new text begin (1) establish a groundwater monitoring network in the 11-county metropolitan area new text end 37.12 new text begin that monitors non-stressed systems to provide information on aquifer characteristics and new text end 37.13 new text begin natural water level trends; and new text end 37.14 new text begin (2) develop an automated data system to capture groundwater level and water use new text end 37.15 new text begin data to enhance the evaluation of water resource changes in aquifer systems that are new text end 37.16 new text begin stressed by pumping of existing wells. This is a onetime appropriation and is available new text end 37.17 new text begin until spent. The base funding for this program in fiscal year 2012 is $1,000,000 and $0 new text end 37.18 new text begin in fiscal year 2013. new text end 37.19    Sec. 5. new text begin APPROPRIATION; WATER SUPPLY PLANNING ACTIVITIES. new text end 37.20 new text begin $400,000 is appropriated in fiscal year 2011 from the clean water fund, pursuant to new text end 37.21 new text begin Minnesota Statutes, section 114D.50, to the Metropolitan Council to fund Metropolitan new text end 37.22 new text begin Council water supply planning activities under section 473.1565, for projects that new text end 37.23 new text begin include, but are not limited to, protection of the Seminary Fen and Valley Branch Trout new text end 37.24 new text begin Stream; lessening groundwater vulnerability by mapping glacial aquifers; creation of a new text end 37.25 new text begin comprehensive map of known groundwater contaminant plumes; and the design of plans new text end 37.26 new text begin that can be used by communities for reusing storm water. By January 15, 2011, the council new text end 37.27 new text begin shall report to the chairs and ranking minority members of the legislative committees new text end 37.28 new text begin and divisions that make recommendations for appropriations from the clean water fund new text end 37.29 new text begin on the outcomes of the council's water supply planning activities. This appropriation new text end 37.30 new text begin is onetime and available until expended. new text end 37.31    Sec. 6. new text begin APPROPRIATIONS; BOARD OF WATER AND SOIL RESOURCES. new text end 37.32 new text begin (a) $100,000 in fiscal year 2011 is appropriated from the clean water fund to the new text end 37.33 new text begin Board of Water and Soil Resources for the purpose of establishing a micro-grants pilot new text end 38.1 new text begin program to engage citizen volunteers and to match private sector resources to complete new text end 38.2 new text begin projects with long-term water quality restoration or protection benefits for Minnesota new text end 38.3 new text begin lakes and rivers. new text end 38.4 new text begin (b) $400,000 in fiscal year 2011 is appropriated from the clean water fund to the new text end 38.5 new text begin Board of Water and Soil Resources to purchase and restore permanent conservation new text end 38.6 new text begin easements on riparian buffers of up to 120 feet adjacent to public waters, excluding new text end 38.7 new text begin wetlands, to keep water on the land in order to decrease sediment, pollutant, and nutrient new text end 38.8 new text begin transport, reduce hydrologic impacts to surface waters, and increase infiltration for new text end 38.9 new text begin groundwater recharge. The riparian buffers must be at least 50 feet unless there is a new text end 38.10 new text begin natural impediment, a road, or other impediment beyond the control of the landowner. new text end 38.11 new text begin This appropriation may be used for restoration of riparian buffers protected by easements new text end 38.12 new text begin purchased with this appropriation and for stream bank restorations when the riparian new text end 38.13 new text begin buffers have been restored. Up to five percent may be used for administration of this new text end 38.14 new text begin program and up to five percent may be used for technical design, construction, and project new text end 38.15 new text begin oversight. new text end 38.16 new text begin (c) $400,000 in fiscal year 2011 is appropriated from the clean water fund to the new text end 38.17 new text begin Board of Water and Soil Resources for grants to watershed districts and watershed new text end 38.18 new text begin management organizations for: (1) structural or vegetative management practices that new text end 38.19 new text begin reduce storm water runoff from developed or disturbed lands to reduce the movement of new text end 38.20 new text begin sediment, nutrients, and pollutants or to leverage federal funds for restoration, protection, new text end 38.21 new text begin or enhancement of water quality in lakes, rivers, and streams and to protect groundwater new text end 38.22 new text begin and drinking water; and (2) the installation of proven and effective water retention new text end 38.23 new text begin practices including, but not limited to, rain gardens and other vegetated infiltration basins new text end 38.24 new text begin and sediment control basins in order to keep water on the land. The projects must be new text end 38.25 new text begin of long-lasting public benefit, include a local match, and be consistent with TMDL new text end 38.26 new text begin implementation plans or local water management plans. Watershed district and watershed new text end 38.27 new text begin management organization staff and administration may be used for the local match. new text end 38.28 new text begin Priority may be given to school projects that can be used to demonstrate water retention new text end 38.29 new text begin practices. Up to five percent may be used for administering the grants and up to five new text end 38.30 new text begin percent may be used for technical design, construction, and project oversight. new text end 38.31 new text begin (d) $300,000 in fiscal year 2011 is appropriated from the clean water fund to the new text end 38.32 new text begin Board of Water and Soil Resources for permanent conservation easements on wellhead new text end 38.33 new text begin protection areas under Minnesota Statutes, section 103F.515, subdivision 2, paragraph new text end 38.34 new text begin (d). Priority must be placed on land that is located where the vulnerability of the drinking new text end 38.35 new text begin water supply management area, as defined under Minnesota Rules, part 4720.5100, new text end 38.36 new text begin subpart 13, is designated as high or very high by the commissioner of health. Up to five new text end 39.1 new text begin percent may be used for administration of this program and up to five percent may be used new text end 39.2 new text begin for technical design, construction, and project oversight. new text end 39.3 new text begin (e) The appropriations in fiscal year 2011 to the Board of Water and Soil Resources in new text end 39.4 new text begin Laws 2009, chapter 172, article 2, section 6, are available until June 30, 2012, and, unless new text end 39.5 new text begin otherwise specified, may utilize up to five percent for administration of grant and easement new text end 39.6 new text begin programs and up to five percent for technical design, construction, and project oversight. new text end 39.7ARTICLE 3 39.8GENERAL PROVISIONS 39.9    Section 1. Minnesota Statutes 2008, section 3.9741, is amended by adding a 39.10subdivision to read: 39.11     new text begin Subd. 3. new text end new text begin Legacy funds. new text end new text begin The outdoor heritage fund, the clean water fund, the parks new text end 39.12 new text begin and trails fund, and the arts and cultural heritage fund must each reimburse the general new text end 39.13 new text begin fund, in the manner prescribed in section 16A.127, for costs incurred by the legislative new text end 39.14 new text begin auditor in examining financial activities relating to each fund. new text end 39.15    Sec. 2. Minnesota Statutes 2009 Supplement, section 85.53, subdivision 2, is amended 39.16to read: 39.17    Subd. 2. Expenditures; accountability. (a) A project or program receiving funding 39.18from the parks and trails fund must meet or exceed the constitutional requirement to 39.19support parks and trails of regional or statewide significance. A project or program 39.20receiving funding from the parks and trails fund must include measurable outcomes, as 39.21defined in section 3.303, subdivision 10, and a plan for measuring and evaluating the 39.22results. A project or program must be consistent with current science and incorporate 39.23state-of-the-art technology, except when the project or program is a portrayal or restoration 39.24of historical significance. 39.25(b) Money from the parks and trails fund shall be expended to balance the benefits 39.26across all regions and residents of the state. 39.27(c) All information for funded projects, including the proposed measurable 39.28outcomes, must be made available on the Web site required under section 3.303, 39.29subdivision 10, as soon as practicable. Information on the measured outcomes and 39.30evaluation must be posted as soon as it becomes available. 39.31(d) Grants funded by the parks and trails fund must be implemented according to 39.32section 16B.98 and must account for all expenditures. Proposals must specify a process 39.33for any regranting envisioned. Priority for grant proposals must be given to proposals 39.34involving grants that will be competitively awarded. 40.1(e) A recipient of money from the parks and trails fund must display a sign on lands 40.2and capital improvements purchased, restored, or protected with money from the parks 40.3and trails fund that includes the logo developed by the commissioner of natural resources 40.4to identify it as a project funded with money from the vote of the people of Minnesota on 40.5November 4, 2008. 40.6(f) Money from the parks and trails fund may only be spent on projects located 40.7in Minnesota. 40.8    Sec. 3. Minnesota Statutes 2009 Supplement, section 129D.17, subdivision 2, is 40.9amended to read: 40.10    Subd. 2. Expenditures; accountability. (a) Funding from the arts and cultural 40.11heritage fund may be spent only for arts, arts education, and arts access, and to preserve 40.12Minnesota's history and cultural heritage. A project or program receiving funding from 40.13the arts and cultural heritage fund must include measurable outcomes, and a plan for 40.14measuring and evaluating the results. A project or program must be consistent with 40.15current scholarship, or best practices, when appropriate and incorporate state-of-the-art 40.16technology when appropriate. 40.17(b) Funding from the arts and cultural heritage fund may be granted for an entire 40.18project or for part of a project so long as the recipient provides a description and cost for 40.19the entire project and can demonstrate that it has adequate resources to ensure that the 40.20entire project will be completed. 40.21(c) Money from the arts and cultural heritage fund shall be expended for benefits 40.22across all regions and residents of the state. 40.23(d) All information for funded projects, including the proposed measurable 40.24outcomes, must be made available on the Legislative Coordinating Commission Web 40.25site, as soon as practicable. Information on the measured outcomes and evaluation must 40.26be posted as soon as it becomes available. 40.27(e) Grants funded by the arts and cultural heritage fund must be implemented 40.28according to section 16B.98 and must account for all expenditures of funds. Priority for 40.29grant proposals must be given to proposals involving grants that will be competitively 40.30awarded. 40.31(f) A recipient of money from the arts and cultural heritage fund must display a sign 40.32on capital projects during construction and an acknowledgment in a printed program or 40.33other material funded with money from the arts and cultural heritage fund that identifies it 40.34as a project funded with money from the vote of the people of Minnesota on November 40.354, 2008. 41.1(g) All money from the arts and cultural heritage fund must be for projects located 41.2in Minnesota. 41.3    Sec. 4. Laws 2009, chapter 172, article 5, section 8, is amended to read: 41.4    Sec. 8. LEGISLATIVE new text begin COMMITTEE new text end GUIDE. 41.5A legislative new text begin committee new text end guide shall be recommended new text begin may be developed by the new text end 41.6 new text begin house of representatives committee with jurisdiction over cultural and outdoor resources new text end 41.7 new text begin expenditures new text end stating principles for the use and expected outcomes of all funds from 41.8dedicated sales taxes pursuant to the Minnesota Constitution, article XI, section 15. The 41.9guide shall include principles for managing future state obligations, including payment 41.10in lieu of taxes and land management and monitoring necessary for lands acquired in 41.11fee or easement. This guide shall be recommended jointly by the Cultural and Outdoor 41.12Resources Division of the house of representatives, the appropriate senate committees 41.13as designated by the majority leader of the senate, and the Lessard Outdoor Heritage 41.14Council. The recommendations must be presented to the legislature by January 15, 2010, 41.15and acted on by the legislature. 41.16The legislative guide required by this section shall be for the years 2010 to 2015 41.17and shall include the following provisions: 41.18(1) principles by which to guide future expenditures for each fund; 41.19(2) desired outcomes for the expenditures; 41.20(3) a general statement applicable to later years for these funds; and 41.21(4) consideration of financial methods such as revolving loan funds that may be used 41.22in future appropriations. 41.23    Sec. 5. Laws 2009, chapter 172, article 5, section 10, is amended to read: 41.24    Sec. 10. LOGO. 41.25 new text begin (a) new text end new text begin By September 1, 2010, new text end the Minnesota Board of the Arts new text begin , in consultation with new text end 41.26 new text begin the Department of Natural Resources, new text end shall sponsor a contest for selecting the design of a 41.27logo to use on signage for projects receiving money from the outdoor heritage fund, 41.28clean water fund, parks and trails fund, and the arts and cultural heritage fund. new text begin If, by new text end 41.29 new text begin September 15, 2010, the Minnesota Board of the Arts has not selected a logo design, the new text end 41.30 new text begin Department of Natural Resources shall assume the task of sponsoring the logo contest and new text end 41.31 new text begin design selection solely. new text end 41.32 new text begin (b) new text end A recipient of funds from the outdoor heritage fund, parks and trails fund, clean 41.33water fund, or arts and cultural heritage fund shall display, where practicable, a sign with 41.34the logo developed under this section on construction projects and at access points to any 42.1land or water resources acquired in fee or an interest in less than fee title, or that were 42.2restored, protected, or enhanced, and incorporate the logo, where practicable, into printed 42.3and other materials funded with money from one or more of the funds. 42.4    Sec. 6. new text begin FUNDS CARRYOVER. new text end 42.5 new text begin Unless otherwise provided, the amounts appropriated in Laws 2009, chapter 172, new text end 42.6 new text begin are available until June 30, 2011. For acquisition of an interest in real property, the new text end 42.7 new text begin amounts in Laws 2009, chapter 172, are available until June 30, 2012. If a project receives new text end 42.8 new text begin federal funds, the time period of the appropriation is extended to equal the availability new text end 42.9 new text begin of federal funding. new text end 42.10    Sec. 7. new text begin PARKS. new text end 42.11 new text begin The Minneapolis Park and Recreation Board may acquire all or part of the entire new text end 42.12 new text begin property known as the Scherer Brothers Lumber Yard for a metropolitan area regional new text end 42.13 new text begin park and may allocate any future appropriations to the board from the parks and trails fund new text end 42.14 new text begin to acquire the property. new text end 42.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the Minneapolis new text end 42.16 new text begin Park Board timely completes compliance with Minnesota Statutes, section 645.021, new text end 42.17 new text begin subdivisions 2 and 3. new text end 42.18    Sec. 8. new text begin USE OF CARRYFORWARD. new text end 42.19 new text begin The restrictions in Minnesota Statutes, section 16A.281, on the use of money carried new text end 42.20 new text begin forward from one biennium to another shall not apply to money the legislative auditor new text end 42.21 new text begin carried forward from the previous biennium for use in fiscal years 2010 and 2011. The new text end 42.22 new text begin legislative auditor may use the carry forward money for costs related to the conduct of new text end 42.23 new text begin audits related to funds authorized in the Minnesota Constitution, Article XI, section 15. new text end 42.24    Sec. 9. new text begin REPEALER. new text end 42.25 new text begin Laws 2009, chapter 172, article 5, section 9, new text end new text begin is repealed. new text end 42.26ARTICLE 4 42.27ENVIRONMENT AND NATURAL RESOURCES 42.28    Section 1. Minnesota Statutes 2008, section 84.025, subdivision 9, is amended to read: 42.29    Subd. 9. Professional services support account. The commissioner of natural 42.30resources may bill new text begin other governmental units, including tribal governments, and new text end the 42.31various programs carried out by the commissioner for the costs of providing them with 43.1professional support services. Except as provided under section 89.421, receipts must be 43.2credited to a special account in the state treasury and are appropriated to the commissioner 43.3to pay the costs for which the billings were made. 43.4    The commissioner of natural resources shall submit to the commissioner of 43.5management and budget before the start of each fiscal year a work plan showing the 43.6estimated work to be done during the coming year, the estimated cost of doing the work, 43.7and the positions and fees that will be necessary. This account is exempted from statewide 43.8and agency indirect cost payments. 43.9    Sec. 2. Minnesota Statutes 2008, section 84.027, subdivision 15, is amended to read: 43.10    Subd. 15. Electronic transactions. (a) The commissioner may receive an 43.11application for, sell, and issue any license, stamp, permit, pass, sticker, duplicate new text begin gift new text end 43.12 new text begin card, new text end safety training certification, registration, or transfer under the jurisdiction of the 43.13commissioner by electronic means, including by telephone. Notwithstanding section 43.1497A.472 , electronic and telephone transactions may be made outside of the state. The 43.15commissioner may: 43.16    (1) provide for the electronic transfer of funds generated by electronic transactions, 43.17including by telephone; 43.18    (2) assign an identification number to an applicant who purchases a hunting or 43.19fishing license or recreational vehicle registration by electronic means, to serve as 43.20temporary authorization to engage in the activity requiring a license or registration until 43.21the license or registration is received or expires; 43.22    (3) charge and permit agents to charge a fee of individuals who make electronic 43.23transactions and transactions by telephone or Internet, including issuing fees and an 43.24additional transaction fee not to exceed $3.50; 43.25    (4) charge and permit agents to charge a convenience fee not to exceed three percent 43.26of the cost of the license to individuals who use electronic bank cards for payment. An 43.27electronic licensing system agent charging a fee of individuals making an electronic 43.28bank card transaction in person must post a sign informing individuals of the fee. The 43.29sign must be near the point of payment, clearly visible, include the amount of the fee, and 43.30state: "License agents are allowed by state law to charge a fee not to exceed three percent 43.31of the cost of state licenses to persons who use electronic bank cards for payment. The 43.32fee is not required by state law."; 43.33    (5) establish, by written order, an electronic licensing system commission to be 43.34paid by revenues generated from all sales made through the electronic licensing system. 43.35The commissioner shall establish the commission in a manner that neither significantly 44.1overrecovers nor underrecovers costs involved in providing the electronic licensing 44.2system; and 44.3    (6) adopt rules to administer the provisions of this subdivision. 44.4    (b) The fees established under paragraph (a), clauses (3) and (4), and the commission 44.5established under paragraph (a), clause (5), are not subject to the rulemaking procedures 44.6of chapter 14 and section 14.386 does not apply. 44.7    (c) Money received from fees and commissions collected under this subdivision, 44.8including interest earned, is annually appropriated from the game and fish fund and the 44.9natural resources fund to the commissioner for the cost of electronic licensing. 44.10    Sec. 3. Minnesota Statutes 2008, section 84.0856, is amended to read: 44.1184.0856 FLEET MANAGEMENT ACCOUNT. 44.12The commissioner of natural resources may bill organizational units within 44.13the Department of Natural Resources new text begin and other governmental units, including tribal new text end 44.14 new text begin governments, new text end for the costs of providing them with equipment. Costs billed may include 44.15acquisition, licensing, insurance, maintenance, repair, and other direct costs as determined 44.16by the commissioner. Receipts and interest earned on the receipts shall be credited to a 44.17special account in the state treasury and are appropriated to the commissioner to pay the 44.18costs for which the billings were made. 44.19    Sec. 4. Minnesota Statutes 2008, section 84.0857, is amended to read: 44.2084.0857 FACILITIES MANAGEMENT ACCOUNT. 44.21    (a) The commissioner of natural resources may bill organizational units within 44.22the Department of Natural Resources new text begin and other governmental units, including tribal new text end 44.23 new text begin governments, new text end for the costs of providing them with building and infrastructure facilities. 44.24Costs billed may include modifications and adaptations to allow for appropriate building 44.25occupancy, building code compliance, insurance, utility services, maintenance, repair, and 44.26other direct costs as determined by the commissioner. Receipts shall be credited to a 44.27special account in the state treasury and are appropriated to the commissioner to pay the 44.28costs for which the billings were made. 44.29    (b) Money deposited in the special account from the proceeds of a sale under section 44.3094.16, subdivision 3 , paragraph (b), is appropriated to the commissioner to acquire 44.31facilities or renovate existing buildings for administrative use or to acquire land for, 44.32design, and construct administrative buildings for the Department of Natural Resources. 45.1    Sec. 5. Minnesota Statutes 2008, section 84.415, is amended by adding a subdivision 45.2to read: 45.3     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 45.4 new text begin license may cover more than one type of utility if the utility lines are being installed for new text end 45.5 new text begin residential use only. Separate applications submitted by utilities for the same crossing new text end 45.6 new text begin shall be joined together and processed as one application, provided that the applications new text end 45.7 new text begin are submitted within one year of each other and the utility lines are for residential use only. new text end 45.8 new text begin The application fees for a joint application or separate applications subsequently joined new text end 45.9 new text begin together shall be as if only one application was submitted. new text end 45.10    Sec. 6. Minnesota Statutes 2009 Supplement, section 84.415, subdivision 6, is 45.11amended to read: 45.12    Subd. 6. Supplemental application fee and monitoring fee. (a) In addition to the 45.13application fee and utility crossing fees specified in Minnesota Rules, the commissioner of 45.14natural resources shall assess the applicant for a utility license the following fees: 45.15(1) a supplemental application fee of $1,500 new text begin $1,750 new text end for a public water crossing 45.16license and a supplemental application fee of $4,500 new text begin $3,000 new text end for a public lands crossing 45.17license, to cover reasonable costs for reviewing the application and preparing the license; 45.18and 45.19(2) a monitoring fee to cover the projected reasonable costs for monitoring the 45.20construction of the utility line and preparing special terms and conditions of the license 45.21to ensure proper construction. The commissioner must give the applicant an estimate of 45.22the monitoring fee before the applicant submits the fee. 45.23(b) The applicant shall pay fees under this subdivision to the commissioner of 45.24natural resources. The commissioner shall not issue the license until the applicant has 45.25paid all fees in full. 45.26(c) Upon completion of construction of the improvement for which the license 45.27or permit was issued, the commissioner shall refund the unobligated balance from the 45.28monitoring fee revenue. The commissioner shall not return the application fees, even 45.29if the application is withdrawn or denied. 45.30 new text begin (d) If the fees collected under paragraph (a), clause (1), are not sufficient to cover new text end 45.31 new text begin the costs of reviewing the applications and preparing the licenses, the commissioner shall new text end 45.32 new text begin improve efficiencies and otherwise reduce department costs and activities to ensure the new text end 45.33 new text begin revenues raised under paragraph (a), clause (1), are sufficient, and that no other funds are new text end 45.34 new text begin necessary to carry out the requirements. new text end 46.1    Sec. 7. Minnesota Statutes 2008, section 84.777, subdivision 2, is amended to read: 46.2    Subd. 2. Off-highway vehicle seasons new text begin seasonal restrictions new text end . (a) The commissioner 46.3shall prescribe seasons for off-highway vehicle use on state forest lands. Except for 46.4designated forest roads, a person must not operate an off-highway vehicle on state forest 46.5lands new text begin : new text end new text begin (1) new text end outside of the seasons prescribed under this paragraph new text begin ; or (2) during the firearms new text end 46.6 new text begin deer hunting season in areas of the state where deer may be taken by rifle. This paragraph new text end 46.7 new text begin does not apply to a person in possession of a valid deer hunting license operating an new text end 46.8 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 . 46.9    (b) The commissioner may designate and post winter trails on state forest lands 46.10for use by off-highway vehicles. 46.11    (c) For the purposes of this subdivision, "state forest lands" means forest lands under 46.12the authority of the commissioner as defined in section 89.001, subdivision 13, and lands 46.13managed by the commissioner under section 282.011. 46.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 46.15    Sec. 8. Minnesota Statutes 2008, section 84.788, subdivision 2, is amended to read: 46.16    Subd. 2. Exemptions. Registration is not required for off-highway motorcycles: 46.17(1) owned and used by the United States, new text begin an Indian tribal government, new text end the state, 46.18another state, or a political subdivision; 46.19(2) registered in another state or country that have not been within this state for 46.20more than 30 consecutive days; or 46.21(3) registered under chapter 168, when operated on forest roads to gain access to a 46.22state forest campground. 46.23    Sec. 9. Minnesota Statutes 2009 Supplement, section 84.793, subdivision 1, is 46.24amended to read: 46.25    Subdivision 1. Prohibitions on youthful operators. (a) After January 1, 1995, A 46.26person less than 16 years of age operating an off-highway motorcycle on public lands 46.27or waters must possess a valid off-highway motorcycle safety certificate issued by the 46.28commissioner. 46.29(b) Except for operation on public road rights-of-way that is permitted under section 46.3084.795, subdivision 1 , a driver's license issued by the state or another state is required to 46.31operate an off-highway motorcycle along or on a public road right-of-way. 46.32(c) A person under 12 years of age may not: 46.33(1) make a direct crossing of a public road right-of-way; 46.34(2) operate an off-highway motorcycle on a public road right-of-way in the state; or 47.1(3) operate an off-highway motorcycle on public lands or waters unless accompanied 47.2by a person 18 years of age or older or participating in an event for which the 47.3commissioner has issued a special use permit. 47.4(d) Except for public road rights-of-way of interstate highways, a person less than 16 47.5years of age may make a direct crossing of a public road right-of-way of a trunk, county 47.6state-aid, or county highway only if that person is accompanied by a person 18 years of 47.7age or older who holds a valid driver's license. 47.8(e) A person less than 16 years of age may operate an off-highway motorcycle on 47.9public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph 47.10(a), only if that person is accompanied by a person 18 years of age or older who holds a 47.11valid driver's license. 47.12 new text begin (f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may new text end 47.13 new text begin operate an off-highway motorcycle on public lands or waters if the nonresident youth has new text end 47.14 new text begin in possession evidence of completing an off-road safety course offered by the Motorcycle new text end 47.15 new text begin Safety Foundation or another state as provided in section 84.791, subdivision 4. new text end 47.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 47.17    Sec. 10. Minnesota Statutes 2008, section 84.798, subdivision 2, is amended to read: 47.18    Subd. 2. Exemptions. Registration is not required for an off-road vehicle that is: 47.19(1) owned and used by the United States, new text begin an Indian tribal government, new text end the state, 47.20another state, or a political subdivision; or 47.21(2) registered in another state or country and has not been in this state for more 47.22than 30 consecutive days. 47.23    Sec. 11. Minnesota Statutes 2008, section 84.82, subdivision 3, is amended to read: 47.24    Subd. 3. Fees for registration. (a) The fee for registration of each snowmobile, 47.25other than those used for an agricultural purpose, as defined in section 84.92, subdivision 47.261c , or those registered by a dealer or manufacturer pursuant to clause (b) or (c) shall be as 47.27follows: $45 for three years and $4 for a duplicate or transfer. 47.28(b) The total registration fee for all snowmobiles owned by a dealer and operated for 47.29demonstration or testing purposes shall be $50 per year. 47.30(c) The total registration fee for all snowmobiles owned by a manufacturer and 47.31operated for research, testing, experimentation, or demonstration purposes shall be $150 47.32per year. Dealer and manufacturer registrations are not transferable. 47.33 new text begin (d) The onetime fee for registration of an exempt snowmobile under subdivision new text end 47.34 new text begin 6a is $6. new text end 48.1    Sec. 12. Minnesota Statutes 2008, section 84.82, subdivision 6, is amended to read: 48.2    Subd. 6. Exemptions. Registration is not required under this section for: 48.3    (1) a snowmobile owned and used by the United States, new text begin an Indian tribal government, new text end 48.4another state, or a political subdivision thereof; 48.5    (2) a snowmobile registered in a country other than the United States temporarily 48.6used within this state; 48.7    (3) a snowmobile that is covered by a valid license of another state and has not been 48.8within this state for more than 30 consecutive days; 48.9    (4) a snowmobile used exclusively in organized track racing events; 48.10    (5) a snowmobile in transit by a manufacturer, distributor, or dealer; 48.11    (6) a snowmobile at least 15 years old in transit by an individual for use only on 48.12land owned or leased by the individual; or 48.13    (7) a snowmobile while being used to groom a state or grant-in-aid trail. 48.14    Sec. 13. Minnesota Statutes 2008, section 84.82, is amended by adding a subdivision 48.15to read: 48.16     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 48.17 new text begin issued an exempt registration if the machine is at least 25 years old. Exempt registration is new text end 48.18 new text begin valid from the date of issuance until ownership of the snowmobile is transferred. Exempt new text end 48.19 new text begin registrations are not transferable. new text end 48.20    Sec. 14. Minnesota Statutes 2008, section 84.8205, subdivision 1, is amended to read: 48.21    Subdivision 1. Sticker required; fee. (a) Except as provided in paragraph (b), a 48.22person may not operate a snowmobile on a state or grant-in-aid snowmobile trail unless a 48.23snowmobile state trail sticker is affixed to the snowmobile. The commissioner of natural 48.24resources shall issue a sticker upon application and payment of a $15 fee. The fee for a 48.25three-year snowmobile state trail sticker that is purchased at the time of snowmobile 48.26registration is $30. In addition to other penalties prescribed by law, a person in violation 48.27of this subdivision must purchase an annual state trail sticker for a fee of $30. The sticker 48.28is valid from November 1 through June 30. Fees collected under this section, except for 48.29the issuing fee for licensing agents, shall be deposited in the state treasury and credited 48.30to the snowmobile trails and enforcement account in the natural resources fund and, 48.31except for the electronic licensing system commission established by the commissioner 48.32under section 84.027, subdivision 15, must be used for grants-in-aid, trail maintenance, 48.33grooming, and easement acquisition. 48.34    (b) A state trail sticker is not required under this section for: 49.1    (1) a snowmobile owned by the state or a political subdivision of the state that is 49.2registered under section 84.82, subdivision 5; 49.3    (2) a snowmobile that is owned and used by the United States, new text begin an Indian tribal new text end 49.4 new text begin government, new text end another state, or a political subdivision thereof that is exempt from 49.5registration under section 84.82, subdivision 6; 49.6    (3) a collector snowmobile that is operated as provided in a special permit issued for 49.7the collector snowmobile under section 84.82, subdivision 7a; 49.8    (4) a person operating a snowmobile only on the portion of a trail that is owned by 49.9the person or the person's spouse, child, or parent; or 49.10    (5) a snowmobile while being used to groom a state or grant-in-aid trail. 49.11    (c) A temporary registration permit issued by a dealer under section 84.82, 49.12subdivision 2, may include a snowmobile state trail sticker if the trail sticker fee is 49.13included with the registration application fee. 49.14    Sec. 15. Minnesota Statutes 2008, section 84.92, subdivision 9, is amended to read: 49.15    Subd. 9. Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an 49.16all-terrain vehicle that has a total dry weight of less than 900 new text begin 1,000 new text end pounds. 49.17    Sec. 16. Minnesota Statutes 2008, section 84.92, subdivision 10, is amended to read: 49.18    Subd. 10. Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an 49.19all-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. 49.20    Sec. 17. Minnesota Statutes 2009 Supplement, section 84.922, subdivision 1a, is 49.21amended to read: 49.22    Subd. 1a. Exemptions. All-terrain vehicles exempt from registration are: 49.23    (1) vehicles owned and used by the United States, new text begin an Indian tribal government, new text end the 49.24state, another state, or a political subdivision; 49.25    (2) vehicles registered in another state or country that have not been in this state for 49.26more than 30 consecutive days; 49.27(3) vehicles that: 49.28(i) are owned by a resident of another state or country that does not require 49.29registration of all-terrain vehicles; 49.30(ii) have not been in this state for more than 30 consecutive days; and 49.31(iii) are operated on state and grant-in-aid trails by a nonresident possessing a 49.32nonresident all-terrain vehicle state trail pass; 49.33    (4) vehicles used exclusively in organized track racing events; and 50.1    (5) vehicles that are 25 years old or older and were originally produced as a separate 50.2identifiable make by a manufacturer. 50.3    Sec. 18. Minnesota Statutes 2008, section 84.922, is amended by adding a subdivision 50.4to read: 50.5     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 50.6 new text begin be issued an exempt registration if requested and the machine is at least 25 years old. new text end 50.7 new text begin Exempt registration is valid from the date of issuance until ownership of the all-terrain new text end 50.8 new text begin vehicle is transferred. Exempt registrations are not transferable. new text end 50.9    Sec. 19. Minnesota Statutes 2008, section 84.922, subdivision 5, is amended to read: 50.10    Subd. 5. Fees for registration. (a) The fee for a three-year registration of 50.11an all-terrain vehicle under this section, other than those registered by a dealer or 50.12manufacturer under paragraph (b) or (c), is: 50.13    (1) for public use, $45; 50.14    (2) for private use, $6; and 50.15    (3) for a duplicate or transfer, $4. 50.16    (b) The total registration fee for all-terrain vehicles owned by a dealer and operated 50.17for demonstration or testing purposes is $50 per year. Dealer registrations are not 50.18transferable. 50.19    (c) The total registration fee for all-terrain vehicles owned by a manufacturer and 50.20operated for research, testing, experimentation, or demonstration purposes is $150 per 50.21year. Manufacturer registrations are not transferable. 50.22    (d) new text begin The onetime fee for registration of an all-terrain vehicle under subdivision 2b new text end 50.23 new text begin is $6. new text end 50.24 new text begin (e) new text end The fees collected under this subdivision must be credited to the all-terrain 50.25vehicle account. 50.26    Sec. 20. Minnesota Statutes 2008, section 84.925, subdivision 1, is amended to read: 50.27    Subdivision 1. Program established. (a) The commissioner shall establish a 50.28comprehensive all-terrain vehicle environmental and safety education and training 50.29program, including the preparation and dissemination of vehicle information and safety 50.30advice to the public, the training of all-terrain vehicle operators, and the issuance of 50.31all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who 50.32successfully complete the all-terrain vehicle environmental and safety education and 50.33training course. 51.1(b) For the purpose of administering the program and to defray a portion of the 51.2expenses of training and certifying vehicle operators, the commissioner shall collect a fee 51.3of $15 from each person who receives the training. The commissioner shall collect a fee, 51.4to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle 51.5safety certificate. The commissioner shall establish the fee for a duplicate all-terrain 51.6vehicle safety certificate that neither significantly overrecovers nor underrecovers costs, 51.7including overhead costs, involved in providing the service. Fee proceeds, except for the 51.8issuing fee for licensing agents under this subdivision, shall be deposited in the all-terrain 51.9vehicle account in the natural resources fund. In addition to the fee established by the 51.10commissioner, instructors may charge each person the cost of new text begin up to the established fee new text end 51.11 new text begin amount for new text end class material new text begin materials new text end and expenses. 51.12(c) The commissioner shall cooperate with private organizations and associations, 51.13private and public corporations, and local governmental units in furtherance of the program 51.14established under this section. School districts may cooperate with the commissioner 51.15and volunteer instructors to provide space for the classroom portion of the training. The 51.16commissioner shall consult with the commissioner of public safety in regard to training 51.17program subject matter and performance testing that leads to the certification of vehicle 51.18operators. By June 30, 2003, the commissioner shall incorporate a riding component in 51.19the safety education and training program. 51.20    Sec. 21. Minnesota Statutes 2008, section 84.9256, subdivision 1, is amended to read: 51.21    Subdivision 1. Prohibitions on youthful operators. (a) Except for operation on 51.22public road rights-of-way that is permitted under section 84.928, a driver's license issued 51.23by the state or another state is required to operate an all-terrain vehicle along or on a 51.24public road right-of-way. 51.25    (b) A person under 12 years of age shall not: 51.26    (1) make a direct crossing of a public road right-of-way; 51.27    (2) operate an all-terrain vehicle on a public road right-of-way in the state; or 51.28    (3) operate an all-terrain vehicle on public lands or waters, except as provided in 51.29paragraph (f). 51.30    (c) Except for public road rights-of-way of interstate highways, a person 12 years 51.31of age but less than 16 years may make a direct crossing of a public road right-of-way 51.32of a trunk, county state-aid, or county highway or operate on public lands and waters or 51.33state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety 51.34certificate issued by the commissioner and is accompanied on another all-terrain vehicle 51.35by a person 18 years of age or older who holds a valid driver's license. 52.1    (d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years 52.2old, but less than 16 years old, must: 52.3    (1) successfully complete the safety education and training program under section 52.484.925, subdivision 1 , including a riding component; and 52.5    (2) be able to properly reach and control the handle bars and reach the foot pegs 52.6while sitting upright on the seat of the all-terrain vehicle. 52.7    (e) A person at least 11 years of age may take the safety education and training 52.8program and may receive an all-terrain vehicle safety certificate under paragraph (d), but 52.9the certificate is not valid until the person reaches age 12. 52.10    (f) A person at least ten years of age but under 12 years of age may operate an 52.11all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if 52.12accompanied by a parent or legal guardian. 52.13    (g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle. 52.14    (h) A person under the age of 16 may not operate an all-terrain vehicle on public 52.15lands or waters or on state or grant-in-aid trails if the person cannot properly reach and 52.16control the handle bars and reach the foot pegs while sitting upright on the seat of the 52.17all-terrain vehicle. 52.18 new text begin (i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than new text end 52.19 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 52.20 new text begin state-aid, or county highway or operate an all-terrain vehicle on public lands and waters new text end 52.21 new text begin or state or grant-in-aid trails if: new text end 52.22 new text begin (1) the nonresident youth has in possession evidence of completing an all-terrain new text end 52.23 new text begin safety course offered by the ATV Safety Institute or another state as provided in section new text end 52.24 new text begin 84.925, subdivision 3; and new text end 52.25 new text begin (2) the nonresident youth is accompanied by a person 18 years of age or older who new text end 52.26 new text begin holds a valid driver's license. new text end 52.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 52.28    Sec. 22. Minnesota Statutes 2009 Supplement, section 84.9275, subdivision 1, is 52.29amended to read: 52.30    Subdivision 1. Pass required; fee. (a) A nonresident may not operate an all-terrain 52.31vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid 52.32nonresident all-terrain vehicle state trail pass in immediate possession. The pass must 52.33be available for inspection by a peace officer, a conservation officer, or an employee 52.34designated under section 84.0835. 53.1(b) The commissioner of natural resources shall issue a pass upon application and 53.2payment of a $20 fee. The pass is valid from January 1 through December 31. Fees 53.3collected under this section, except for the issuing fee for licensing agents, shall be 53.4deposited in the state treasury and credited to the all-terrain vehicle account in the natural 53.5resources fund and, except for the electronic licensing system commission established by 53.6the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to 53.7counties and municipalities for all-terrain vehicle organizations to construct and maintain 53.8all-terrain vehicle trails and use areas. 53.9    (c) A nonresident all-terrain vehicle state trail pass is not required for: 53.10    (1) an all-terrain vehicle that is owned and used by the United States, another state, 53.11or a political subdivision thereof that is exempt from registration under section 84.922, 53.12subdivision 1a; or 53.13    (2) a person operating an all-terrain vehicle only on the portion of a trail that is 53.14owned by the person or the person's spouse, child, or parent. new text begin ; or new text end 53.15 new text begin (3) a nonresident operating an all-terrain vehicle that is registered according to new text end 53.16 new text begin section 84.922. new text end 53.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 53.18    Sec. 23. Minnesota Statutes 2009 Supplement, section 84.928, subdivision 1, is 53.19amended to read: 53.20    Subdivision 1. Operation on roads and rights-of-way. (a) Unless otherwise 53.21allowed in sections 84.92 to 84.928, a person shall not operate an all-terrain vehicle in 53.22this state along or on the roadway, shoulder, or inside bank or slope of a public road 53.23right-of-way of a trunk, county state-aid, or county highway. 53.24    (b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside 53.25bank or slope of a trunk, county state-aid, or county highway unless prohibited under 53.26paragraph (d) or (f). 53.27    (c) A person may operate a class 2 all-terrain vehicle within the public road 53.28right-of-way of a county state-aid or county highway on the extreme right-hand side of 53.29the road and left turns may be made from any part of the road if it is safe to do so under 53.30the prevailing conditions, unless prohibited under paragraph (d) or (f). A person may 53.31operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a 53.32designated class 2 all-terrain vehicle trail. 53.33    (d) A road authority as defined under section 160.02, subdivision 25, may after a 53.34public hearing restrict the use of all-terrain vehicles in the public road right-of-way under 53.35its jurisdiction. 54.1    (e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the 54.2operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside 54.3bank or slope of a trunk, interstate, county state-aid, or county highway new text begin : new text end 54.4 new text begin (1) that is part of a funded grant-in-aid trail; or new text end 54.5 new text begin (2) new text end when the all-terrain vehicle is: 54.6    (1) owned by or operated under contract with a publicly or privately owned utility 54.7or pipeline company; and 54.8    (2) used for work on utilities or pipelines. 54.9    (f) The commissioner may limit the use of a right-of-way for a period of time if the 54.10commissioner determines that use of the right-of-way causes: 54.11    (1) degradation of vegetation on adjacent public property; 54.12    (2) siltation of waters of the state; 54.13    (3) impairment or enhancement to the act of taking game; or 54.14    (4) a threat to safety of the right-of-way users or to individuals on adjacent public 54.15property. 54.16    The commissioner must notify the road authority as soon as it is known that a closure 54.17will be ordered. The notice must state the reasons and duration of the closure. 54.18    (g) A person may operate an all-terrain vehicle registered for private use and used 54.19for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or 54.20county highway in this state if the all-terrain vehicle is operated on the extreme right-hand 54.21side of the road, and left turns may be made from any part of the road if it is safe to do so 54.22under the prevailing conditions. 54.23    (h) A person shall not operate an all-terrain vehicle within the public road 54.24right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in 54.25the agricultural zone unless the vehicle is being used exclusively as transportation to and 54.26from work on agricultural lands. This paragraph does not apply to an agent or employee 54.27of a road authority, as defined in section 160.02, subdivision 25, or the Department of 54.28Natural Resources when performing or exercising official duties or powers. 54.29    (i) A person shall not operate an all-terrain vehicle within the public road 54.30right-of-way of a trunk, county state-aid, or county highway between the hours of one-half 54.31hour after sunset to one-half hour before sunrise, except on the right-hand side of the 54.32right-of-way and in the same direction as the highway traffic on the nearest lane of the 54.33adjacent roadway. 54.34    (j) A person shall not operate an all-terrain vehicle at any time within the 54.35right-of-way of an interstate highway or freeway within this state. 55.1    Sec. 24. Minnesota Statutes 2008, section 84.928, subdivision 5, is amended to read: 55.2    Subd. 5. Organized contests, use of highways and public lands and waters. new text begin (a) new text end 55.3Nothing in this section or chapter 169 prohibits the use of all-terrain vehicles within the 55.4right-of-way of a state trunk or county state-aid highway or upon public lands or waters 55.5under the jurisdiction of the commissioner of natural resources, in an organized contest or 55.6event, subject to the consent of the official or board having jurisdiction over the highway 55.7or public lands or waters. 55.8 new text begin (b) new text end In permitting the contest or event, the official or board having jurisdiction may 55.9prescribe restrictions or conditions as they may deem advisable. 55.10 new text begin (c) Notwithstanding section 84.9256, subdivision 1, paragraph (b), a person under new text end 55.11 new text begin 12 years of age may operate an all-terrain vehicle in an organized contest on public lands new text end 55.12 new text begin or waters, if the all-terrain vehicle has an engine capacity of 90cc or less, the person new text end 55.13 new text begin complies with section 84.9256, subdivision 1, paragraph (h), and the person is supervised new text end 55.14 new text begin by a person 18 years of age or older. new text end 55.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 55.16    Sec. 25. Minnesota Statutes 2008, section 84D.10, is amended by adding a subdivision 55.17to read: 55.18     new text begin Subd. 4. new text end new text begin Persons leaving public waters. new text end new text begin (a) A person leaving waters of the state new text end 55.19 new text begin must drain boating-related equipment holding water and live wells and bilges by removing new text end 55.20 new text begin the drain plug before transporting the watercraft and associated equipment on public new text end 55.21 new text begin roads. Drain plugs, bailers, valves, or other devices used to control the draining of water new text end 55.22 new text begin from ballast tanks, bilges, and live wells must be removed or opened while transporting new text end 55.23 new text begin watercraft on a public road. Marine sanitary systems and portable bait containers are new text end 55.24 new text begin excluded from this requirement. A person must not dispose of bait in waters of the state. new text end 55.25 new text begin (b) The commissioner shall report, by January 15 of each odd-numbered year, to new text end 55.26 new text begin the chairs and ranking minority members of the house of representatives and senate new text end 55.27 new text begin committees and divisions having jurisdiction over water resources policy and finance. The new text end 55.28 new text begin report shall advise the legislature on additional measures to protect state water resources new text end 55.29 new text begin from human transport of invasive species. new text end 55.30    Sec. 26. Minnesota Statutes 2008, section 84D.13, subdivision 5, is amended to read: 55.31    Subd. 5. Civil penalties. A civil citation issued under this section must impose 55.32the following penalty amounts: 56.1(1) for transporting aquatic macrophytes on a forest road as defined by section 56.289.001, subdivision 14 , road or highway as defined by section 160.02, subdivision 26, or 56.3any other public road, $50; 56.4(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or 56.5aquatic plant harvesting equipment that has aquatic macrophytes attached, $100; 56.6(3) for unlawfully possessing or transporting a prohibited invasive species other 56.7than an aquatic macrophyte, $250; 56.8(4) for placing or attempting to place into waters of the state a watercraft, a trailer, or 56.9aquatic plant harvesting equipment that has prohibited invasive species attached when 56.10the waters are not designated by the commissioner as being infested with that invasive 56.11species, $500 for the first offense and $1,000 for each subsequent offense; 56.12(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as 56.13prescribed by rule, Eurasian water milfoil, $100; 56.14(6) for failing to drain water, as required by rule, new text begin for infested waters and new text end from 56.15watercraft and equipment new text begin , other than marine sanitary systems and portable bait containers new text end 56.16 before leaving designated zebra mussel, spiny water flea, or other invasive plankton 56.17infested waters new text begin of the state new text end , $50; and 56.18(7) for transporting infested water off riparian property without a permit as required 56.19by rule, $200. 56.20    Sec. 27. Minnesota Statutes 2009 Supplement, section 85.015, subdivision 13, is 56.21amended to read: 56.22    Subd. 13. Arrowhead Region Trails, in Cook, Lake, St. Louis, Pine, Carlton, 56.23Koochiching, and Itasca Counties. (a)(1) The Taconite Trail shall originate at Ely in St. 56.24Louis County and extend southwesterly to Tower in St. Louis County, thence westerly to 56.25McCarthy Beach State Park in St. Louis County, thence southwesterly to Grand Rapids in 56.26Itasca County and there terminate; 56.27(2) The C. J. Ramstad/Northshore Trail shall originate in Duluth in St. Louis County 56.28and extend northeasterly to Two Harbors in Lake County, thence northeasterly to Grand 56.29Marais in Cook County, thence northeasterly to the international boundary in the vicinity 56.30of the north shore of Lake Superior, and there terminate; 56.31(3) The Grand Marais to International Falls Trail shall originate in Grand Marais 56.32in Cook County and extend northwesterly, outside of the Boundary Waters Canoe Area, 56.33to Ely in St. Louis County, thence southwesterly along the route of the Taconite Trail to 56.34Tower in St. Louis County, thence northwesterly through the Pelican Lake area in St. 56.35Louis County to International Falls in Koochiching County, and there terminate new text begin ; new text end 57.1 new text begin (4) The Matthew Lourey Trail shall originate in Duluth in St. Louis County and new text end 57.2 new text begin extend southerly to St. Croix State Forest in Pine County new text end . 57.3(b) The trails shall be developed primarily for riding and hiking. 57.4(c) In addition to the authority granted in subdivision 1, lands and interests in lands 57.5for the Arrowhead Region trails may be acquired by eminent domain. Before acquiring 57.6any land or interest in land by eminent domain the commissioner of administration shall 57.7obtain the approval of the governor. The governor shall consult with the Legislative 57.8Advisory Commission before granting approval. Recommendations of the Legislative 57.9Advisory Commission shall be advisory only. Failure or refusal of the commission to 57.10make a recommendation shall be deemed a negative recommendation. 57.11    Sec. 28. Minnesota Statutes 2008, section 85.015, subdivision 14, is amended to read: 57.12    Subd. 14. Willard Munger Trail System, Chisago, Ramsey, Pine, St. Louis, 57.13Carlton, and Washington Counties. (a) The trail shall consist of six segments. One 57.14segment shall be known as the Gateway Trail and shall originate at the State Capitol 57.15and extend northerly and northeasterly to William O'Brien State Park, thence northerly 57.16to Taylors Falls in Chisago County. One segment shall be known as the Boundary Trail 57.17and shall originate in Chisago County and extend into Duluth in St. Louis new text begin Hinckley in new text end 57.18 new text begin Pine new text end County. One segment shall be known as the Browns Creek Trail and shall originate 57.19at Duluth Junction and extend into Stillwater in Washington County. One segment shall 57.20be known as the Munger Trail and shall originate at Hinckley in Pine County and extend 57.21through Moose Lake in Carlton County to Duluth in St. Louis County. One segment shall 57.22be known as the Alex Laveau Trail and shall originate in Carlton County at Carlton and 57.23extend through Wrenshall to the Minnesota-Wisconsin border. One segment shall be 57.24established that extends the trail to include the cities of Proctor, Duluth, and Hermantown 57.25in St. Louis County. 57.26    (b) The Gateway and Browns Creek Trails shall be developed primarily for hiking 57.27and nonmotorized riding and the remaining trails shall be developed primarily for riding 57.28and hiking. 57.29    (c) In addition to the authority granted in subdivision 1, lands and interests in lands 57.30for the Gateway and Browns Creek Trails may be acquired by eminent domain. 57.31    Sec. 29. Minnesota Statutes 2008, section 85.052, subdivision 4, is amended to read: 57.32    Subd. 4. Deposit of fees. (a) Fees paid for providing contracted products and 57.33services within a state park, state recreation area, or wayside, and for special state park 58.1uses under this section shall be deposited in the natural resources fund and credited to a 58.2state parks account. 58.3(b) Gross receipts derived from sales, rentals, or leases of natural resources within 58.4state parks, recreation areas, and waysides, other than those on trust fund lands, must be 58.5deposited in the state treasury and credited to the general fund new text begin state parks working capital new text end 58.6 new text begin account new text end . new text begin The appropriation under section 85.22 for revenue deposited in this section is new text end 58.7 new text begin limited to $25,000 per fiscal year. new text end 58.8(c) Notwithstanding paragraph (b), the gross receipts from the sale of stockpile 58.9materials, aggregate, or other earth materials from the Iron Range Off-Highway Vehicle 58.10Recreation Area shall be deposited in the dedicated accounts in the natural resources fund 58.11from which the purchase of the stockpile material was made. 58.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2011. new text end 58.13    Sec. 30. Minnesota Statutes 2009 Supplement, section 85.053, subdivision 10, is 58.14amended to read: 58.15    Subd. 10. Free entrance; totally and permanently disabled veterans. The 58.16commissioner shall issue an annual park permit for no charge to any veteran with a total 58.17and permanent service-connected disability, new text begin and a daily park permit to any resident new text end 58.18 new text begin veteran with any level of service-connected disability, new text end as determined by the United States 58.19Department of Veterans Affairs, who presents each year a copy of their new text begin the veteran's new text end 58.20determination letter to a park attendant or commissioner's designee. For the purposes of 58.21this section, "veteran" has the meaning given in section 197.447. 58.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2010. new text end 58.23    Sec. 31. Minnesota Statutes 2008, section 85.22, subdivision 5, is amended to read: 58.24    Subd. 5. Exemption. Purchases new text begin for resale or rental new text end made from the state parks 58.25working capital fund new text begin account new text end are exempt from competitive bidding, notwithstanding 58.26chapter 16C. 58.27    Sec. 32. Minnesota Statutes 2008, section 85.32, subdivision 1, is amended to read: 58.28    Subdivision 1. Areas marked. The commissioner of natural resources is authorized 58.29in cooperation with local units of government and private individuals and groups when 58.30feasible to mark canoe and boating routes new text begin state water trails new text end on the Little Fork, Big Fork, 58.31Minnesota, St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, 58.32Crow Wing, St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre 59.1within Swift County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in 59.2Swift County to Montevideo in Chippewa County, Long Prairie, Red River of the North, 59.3Sauk, Otter Tail, Redwood, new text begin Blue Earth, new text end and Crow Rivers which have historic and scenic 59.4values and to mark appropriately points of interest, portages, camp sites, and all dams, 59.5rapids, waterfalls, whirlpools, and other serious hazards which are dangerous to canoe new text begin , new text end 59.6 new text begin kayak, new text end and watercraft travelers. 59.7    Sec. 33. Minnesota Statutes 2008, section 85.41, subdivision 3, is amended to read: 59.8    Subd. 3. Exemptions. new text begin (a) new text end Participants in cross-country ski races and official school 59.9activities and residents of a state or local government operated correctional facility are 59.10exempt from the pass requirement in subdivision 1 if a special use permit has been 59.11obtained by the organizers of the event or those in an official capacity in advance from the 59.12agency with jurisdiction over the cross-country ski trail. Permits shall require that permit 59.13holders return the trail and any associated facility to its original condition if any damage 59.14is done by the permittee. Limited permits for special events may be issued and shall 59.15require the removal of any trail markers, banners, and other material used in connection 59.16with the special event. 59.17 new text begin (b) Unless otherwise exempted under paragraph (a), students, teachers, and new text end 59.18 new text begin supervising adults engaged in school-sanctioned activities or youth activities sponsored by new text end 59.19 new text begin a nonprofit organization are exempt from the pass requirements in subdivision 1. new text end 59.20 new text begin (c) A resident that is in the armed forces of the United States, stationed outside of new text end 59.21 new text begin the state, and in the state on leave is exempt from the pass requirement in subdivision 1 if new text end 59.22 new text begin the resident possesses official military leave papers. new text end 59.23 new text begin (d) A resident who has served at any time during the preceding 24 months in federal new text end 59.24 new text begin active service, as defined in section 190.05, subdivision 5c, outside the United States as new text end 59.25 new text begin a member of the National Guard, or as a reserve component or active duty member of new text end 59.26 new text begin the United Stated armed forces and has been discharged from active service is exempt new text end 59.27 new text begin from the pass requirement in subdivision 1 if the resident possesses official military new text end 59.28 new text begin discharge papers. new text end 59.29    Sec. 34. Minnesota Statutes 2008, section 85.42, is amended to read: 59.3085.42 USER FEE; VALIDITY. 59.31(a) The fee for an annual cross-country ski pass is $14 new text begin $19 new text end for an individual age 16 59.32and 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 59.33fee shall be collected at the time the pass is purchased. Three-year passes are valid for 60.1three years beginning the previous July 1. Annual passes are valid for one year beginning 60.2the previous July 1. 60.3(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 60.4over. This fee shall be collected at the time the pass is purchased. The daily pass is valid 60.5only for the date designated on the pass form. 60.6(c) A pass must be signed by the skier across the front of the pass to be valid and 60.7becomes nontransferable on signing. 60.8    Sec. 35. Minnesota Statutes 2008, section 85.43, is amended to read: 60.985.43 DISPOSITION OF RECEIPTS; PURPOSE. 60.10 new text begin (a) new text end Fees from cross-country ski passes shall be deposited in the state treasury and 60.11credited to a cross-country ski account in the natural resources fund and, except for the 60.12electronic licensing system commission established by the commissioner under section 60.1384.027, subdivision 15 , are appropriated to the commissioner of natural resources for 60.14 new text begin the following purposes: new text end 60.15 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 60.16 new text begin to: new text end 60.17 new text begin (i) counties and municipalities for construction and maintenance of cross-country new text end 60.18 new text begin ski trails; new text end and 60.19 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 60.20 new text begin maintenance of cross-country ski trails; and new text end 60.21 new text begin (2) administration of the cross-country ski trail grant-in-aid program new text end . 60.22 new text begin (b) Development and maintenance of state cross-country ski trails are eligible for new text end 60.23 new text begin funding from the cross-country ski account if the money is appropriated by law. new text end 60.24    Sec. 36. Minnesota Statutes 2008, section 85.46, as amended by Laws 2009, chapter 60.2537, article 1, sections 22 to 24, is amended to read: 60.2685.46 HORSE TRAIL PASS. 60.27    Subdivision 1. Pass in possession. (a) Except as provided in paragraph (b), while 60.28riding, leading, or driving a horse on horse trails and associated day use areas on state 60.29trails, in state parks, in state recreation areas, and in state forests, new text begin on lands administered by new text end 60.30 new text begin the commissioner, except forest roads and forest roads rights-of-way, new text end a person 16 years of 60.31age or over shall carry in immediate possession a valid horse trail pass. The pass must 60.32be available for inspection by a peace officer, a conservation officer, or an employee 60.33designated under section 84.0835. 61.1    (b) A valid horse trail pass is not required under this section for a person riding, 61.2leading, or driving a horse only on the portion of a horse trail new text begin property new text end that is owned by 61.3the person or the person's spouse, child, parent, or guardian. 61.4    Subd. 2. License agents. (a) The commissioner of natural resources may appoint 61.5agents to issue and sell horse trail passes. The commissioner may revoke the appointment 61.6of an agent at any time. 61.7(b) The commissioner may adopt additional rules as provided in section 97A.485, 61.8subdivision 11. An agent shall observe all rules adopted by the commissioner for the 61.9accounting and handling of passes according to section 97A.485, subdivision 11. 61.10(c) An agent must promptly deposit and remit all money received from the sale of 61.11passes, except issuing fees, to the commissioner. 61.12    Subd. 3. Issuance. The commissioner of natural resources and agents shall issue 61.13and sell horse trail passes. The pass shall include the applicant's signature and other 61.14information deemed necessary by the commissioner. To be valid, a daily or annual pass 61.15must be signed by the person riding, leading, or driving the horse, and a commercial 61.16annual pass must be signed by the owner of the commercial trail riding facility. 61.17    Subd. 4. Pass fees. (a) The fee for an annual horse trail pass is $20 for an individual 61.1816 years of age and over. The fee shall be collected at the time the pass is purchased. 61.19Annual passes are valid for one year beginning January 1 and ending December 31. 61.20(b) The fee for a daily horse trail pass is $4 for an individual 16 years of age and 61.21over. The fee shall be collected at the time the pass is purchased. The daily pass is valid 61.22only for the date designated on the pass form. 61.23(c) The fee for a commercial annual horse trail pass is $200 and includes issuance 61.24of 15 passes. Additional or individual commercial annual horse trail passes may be 61.25purchased by the commercial trail riding facility owner at a fee of $20 each. Commercial 61.26annual horse trail passes are valid for one year beginning January 1 and ending December 61.2731 and may be affixed to the horse tack, saddle, or person. Commercial annual horse trail 61.28passes are not transferable to another commercial trail riding facility. For the purposes of 61.29this section, a "commercial trail riding facility" is an operation where horses are used for 61.30riding instruction or other equestrian activities for hire or use by others. 61.31    Subd. 5. Issuing fee. In addition to the fee for a horse trail pass, an issuing fee of 61.32$1 per pass shall be charged. The issuing fee shall be retained by the seller of the pass. 61.33Issuing fees for passes sold by the commissioner of natural resources shall be deposited 61.34in the state treasury and credited to the horse trail new text begin pass new text end account in the natural resources 61.35fund and are appropriated to the commissioner for the operation of the electronic licensing 61.36system. A pass shall indicate the amount of the fee that is retained by the seller. 62.1    Subd. 6. Disposition of receipts. Fees collected under this section, except for 62.2the issuing fee, shall be deposited in the state treasury and credited to the horse trail 62.3 new text begin pass new text end account in the natural resources fund. Except for the electronic licensing system 62.4commission established by the commissioner under section 84.027, subdivision 15, the 62.5fees are appropriated to the commissioner of natural resources for trail acquisition, trail and 62.6facility development, and maintenance, enforcement, and rehabilitation of horse trails or 62.7trails authorized for horse use, whether for riding, leading, or driving, on state trails and in 62.8state parks, state recreation areas, and state forests new text begin land administered by the commissioner new text end . 62.9    Subd. 7. Duplicate horse trail passes. The commissioner of natural resources and 62.10agents shall issue a duplicate pass to a person or commercial trail riding facility owner 62.11whose pass is lost or destroyed using the process established under section 97A.405, 62.12subdivision 3, and rules adopted thereunder. The fee for a duplicate horse trail pass is $2, 62.13with an issuing fee of 50 cents. 62.14    Sec. 37. Minnesota Statutes 2009 Supplement, section 86A.09, subdivision 1, is 62.15amended to read: 62.16    Subdivision 1. Master plan required. No construction of new facilities or other 62.17development of an authorized unit, other than repairs and maintenance, shall commence 62.18until the managing agency has prepared and submitted to the commissioner of natural 62.19resources and the commissioner has reviewed, pursuant to this section, a master plan for 62.20administration of the unit in conformity with this section. No master plan is required for 62.21wildlife management areas that do not have resident managers, new text begin for scientific and natural new text end 62.22 new text begin areas, new text end for water access sites, for aquatic management areas, for rest areas, or for boater 62.23waysides. 62.24    Sec. 38. Minnesota Statutes 2008, section 86B.301, subdivision 2, is amended to read: 62.25    Subd. 2. Exemptions. A watercraft license is not required for: 62.26(1) a watercraft that is covered by a license or number in full force and effect under 62.27federal law or a federally approved licensing or numbering system of another state, and 62.28has not been within this state for more than 90 consecutive days, which does not include 62.29days that a watercraft is laid up at dock over winter or for repairs at a Lake Superior 62.30port or another port in the state; 62.31(2) a watercraft from a country other than the United States that has not been 62.32within this state for more than 90 consecutive days, which does not include days that a 62.33watercraft is laid up at dock over winter or for repairs at a Lake Superior port or another 62.34port in the state; 63.1(3) a watercraft owned by the United States, new text begin an Indian tribal government, new text end a state, or 63.2a political subdivision of a state, except watercraft used for recreational purposes; 63.3(4) a ship's lifeboat; 63.4(5) a watercraft that has been issued a valid marine document by the United States 63.5government; 63.6(6) a duck boat during duck hunting season; 63.7(7) a rice boat during the harvest season; 63.8(8) a seaplane; and 63.9(9) a nonmotorized watercraft nine feet in length or less. 63.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following a notice published new text end 63.11 new text begin in the State Register by the commissioner of natural resources that the change in clause new text end 63.12 new text begin (3) has been approved by the United States Coast Guard pursuant to Code of Federal new text end 63.13 new text begin Regulations, title 33, section 174.7. new text end 63.14    Sec. 39. Minnesota Statutes 2008, section 86B.501, is amended by adding a 63.15subdivision to read: 63.16     new text begin Subd. 4. new text end new text begin Rowing team members; personal flotation devices. new text end new text begin Notwithstanding new text end 63.17 new text begin subdivision 1, a member of a rowing team that is sanctioned by an academic or nonprofit new text end 63.18 new text begin entity is not required to wear or possess, and no local ordinance or rule may require a new text end 63.19 new text begin member of a rowing team to wear or possess, a personal flotation device in a racing shell new text end 63.20 new text begin if a chase boat carrying the devices prescribed under subdivision 1 accompanies the racing new text end 63.21 new text begin shell. The requirement for a chase boat does not apply on waters where it is preempted by new text end 63.22 new text begin federal regulations. new text end 63.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 63.24    Sec. 40. Minnesota Statutes 2008, section 88.17, subdivision 1, is amended to read: 63.25    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 63.26to burn vegetative materials and other materials allowed by Minnesota Statutes or official 63.27state rules and regulations may be given by the commissioner or the commissioner's agent. 63.28This permission shall be in the form of: 63.29(1) a written permit issued by a forest officer, fire warden, or other person authorized 63.30by the commissioner; or 63.31(2) an electronic permit issued by the commissioner, an agent authorized by the 63.32commissioner, or an Internet site authorized by the commissioner new text begin ; or new text end 64.1 new text begin (3) a general permit adopted by the county board of commissioners according to new text end 64.2 new text begin paragraph (c) new text end . 64.3(b) new text begin Written and electronic new text end burning permits shall set the time and conditions by which 64.4the fire may be started and burned. The permit shall also specifically list the materials that 64.5may be burned. The permittee must have the permit on their person and shall produce 64.6the permit for inspection when requested to do so by a forest officer, conservation officer, 64.7or other peace officer. The permittee shall remain with the fire at all times and before 64.8leaving the site shall completely extinguish the fire. A person shall not start or cause a 64.9fire to be started on any land that is not owned or under their legal control without the 64.10written permission of the owner, lessee, or an agent of the owner or lessee of the land. 64.11Violating or exceeding the permit conditions shall constitute a misdemeanor and shall be 64.12cause for the permit to be revoked. 64.13 new text begin (c) A general burning permit may be adopted by the county board of commissioners new text end 64.14 new text begin in counties that are determined by the commissioner either to not be wildfire areas as new text end 64.15 new text begin defined in section 88.01, subdivision 6, or to otherwise have low potential for damage new text end 64.16 new text begin to life and property from wildfire. The commissioner shall consider the history of and new text end 64.17 new text begin potential for wildfire; the distribution of trees, brush, grasslands, and other vegetative new text end 64.18 new text begin material; and the distribution of property subject to damage from escaped fires. Upon a new text end 64.19 new text begin determination by the commissioner and adoption by a vote of the county board, permission new text end 64.20 new text begin for open burning is extended to all residents in the county without the need for individual new text end 64.21 new text begin written or electronic permits under this subdivision, provided burning conforms to all new text end 64.22 new text begin other provisions of this chapter, including those related to responsibility to control and new text end 64.23 new text begin extinguish fires, no burning of prohibited materials, and liability for damages caused by new text end 64.24 new text begin violations of this chapter. new text end 64.25 new text begin (d) Upon adoption of a general burning permit, a county must establish specific new text end 64.26 new text begin regulations by ordinance, to include at a minimum the time when and conditions under new text end 64.27 new text begin which fires may be started and burned. No ordinance may be less restrictive than state law. new text end 64.28 new text begin (e) At any time when the commissioner or the county board determines that a general new text end 64.29 new text begin burning permit is no longer in the public interest, the general permit may be canceled new text end 64.30 new text begin by the commissioner or the county board. new text end 64.31    Sec. 41. Minnesota Statutes 2008, section 88.17, subdivision 3, is amended to read: 64.32    Subd. 3. Special permits. The following special permits are required at all times, 64.33including when the ground is snow-covered: 64.34(a) Fire training. A permit to start a fire for the instruction and training of 64.35firefighters, including liquid fuels training, may be given by the commissioner or agent of 65.1the commissioner. Except for owners or operators conducting fire training in specialized 65.2industrial settings pursuant to applicable federal, state, or local standards, owners 65.3or operators conducting open burning for the purpose of instruction and training of 65.4firefighters with regard to structures must follow the techniques described in a document 65.5entitled: Structural Burn Training Procedures for the Minnesota Technical College System. 65.6(b) Permanent tree and brush open burning sites. A permit for the operation of 65.7a permanent tree and brush burning site may be given by the commissioner or agent of 65.8the commissioner. Applicants for a permanent open burning site permit shall submit a 65.9complete application on a form provided by the commissioner. Existing permanent tree 65.10and brush open burning sites must submit for a permit within 90 days of the passage of 65.11this statute for a burning permit. New site applications must be submitted at least 90 65.12days before the date of the proposed operation of the permanent open burning site. The 65.13application must be submitted to the commissioner and must contain: 65.14(1) the name, address, and telephone number of all owners of the site proposed for 65.15use as the permanent open burning site; 65.16(2) if the operator for the proposed permanent open burning site is different from the 65.17owner, the name, address, and telephone number of the operator; 65.18(3) a general description of the materials to be burned, including the source and 65.19estimated quantity new text begin , dimensions of the site and burn pile areas, hours and dates of operation, new text end 65.20 new text begin and provisions for smoke management new text end ; and 65.21(4) a topographic or similarly detailed map of the site and surrounding area within 65.22a one mile circumference showing all structures that might be affected by the operation 65.23of the site. 65.24Only trees, tree trimmings, or brush that cannot be disposed of by an alternative 65.25method such as chipping, composting, or other method shall be permitted to be burned 65.26at a permanent open burning site. A permanent tree and brush open burning site must 65.27be 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 65.28 new text begin commissioner shall revoke the permit or order actions to mitigate threats to public health, new text end 65.29 new text begin safety, and the environment in the event that permit conditions are violated. new text end 65.30    Sec. 42. Minnesota Statutes 2008, section 88.79, subdivision 2, is amended to read: 65.31    Subd. 2. Charge for service; receipts to special revenue fund. new text begin Notwithstanding new text end 65.32 new text begin section 16A.1283, new text end the commissioner of natural resources may charge the owner new text begin , by new text end 65.33 new text begin written order published in the State Register, establish fees the commissioner determines new text end 65.34 new text begin to be fair and reasonable that are charged to owners new text end receiving such services such sums 65.35as the commissioner shall determine to be fair and reasonable new text begin under subdivision 1 new text end . The 66.1charges must account for differences in the value of timber and other benefits. The receipts 66.2from such new text begin the new text end services shall be credited to the special revenue fund and are annually 66.3appropriated to the commissioner for the purposes specified in subdivision 1. 66.4    Sec. 43. Minnesota Statutes 2008, section 89.17, is amended to read: 66.589.17 LEASES AND PERMITS. 66.6 new text begin Notwithstanding the permit procedures of chapter 90, new text end the commissioner shall have 66.7power to grant and execute, in the name of the state, leases and permits for the use of 66.8any forest lands under the authority of the commissioner for any purpose which in the 66.9commissioner's opinion is not inconsistent with the maintenance and management of the 66.10forest lands, on forestry principles for timber production. Every such lease or permit shall 66.11be revocable at the discretion of the commissioner at any time subject to such conditions 66.12as may be agreed on in the lease. The approval of the commissioner of administration 66.13shall not be required upon any such lease or permit. No such lease or permit for a period 66.14exceeding ten new text begin 21 new text end years shall be granted except with the approval of the Executive Council. 66.15Hunting of wild game is prohibited on any land which has been posted by the lessee 66.16to prohibit hunting. Such prohibition shall apply to all persons including the lessee new text begin Public new text end 66.17 new text begin access to the leased land for outdoor recreation shall be the same as access would be new text end 66.18 new text begin under state management new text end . 66.19    Sec. 44. Minnesota Statutes 2008, section 90.041, is amended by adding a subdivision 66.20to read: 66.21     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 66.22 new text begin state forest lands, the commissioner may reoffer timber tracts remaining unsold under the new text end 66.23 new text begin provisions of section 90.101 below appraised value at public auction with the required new text end 66.24 new text begin 30-day notice under section 90.101, subdivision 2. new text end 66.25    Sec. 45. Minnesota Statutes 2008, section 90.121, is amended to read: 66.2690.121 INTERMEDIATE AUCTION SALES; MAXIMUM LOTS OF 3,000 66.27CORDS. 66.28(a) The commissioner may sell the timber on any tract of state land in lots not 66.29exceeding 3,000 cords in volume, in the same manner as timber sold at public auction 66.30under section 90.101, and related laws, subject to the following special exceptions and 66.31limitations: 66.32(1) the commissioner shall offer all tracts authorized for sale by this section 66.33separately from the sale of tracts of state timber made pursuant to section 90.101; 67.1(2) no bidder may be awarded more than 25 percent of the total tracts offered at the 67.2first round of bidding unless fewer than four tracts are offered, in which case not more 67.3than one tract shall be awarded to one bidder. Any tract not sold at public auction may be 67.4offered for private sale as authorized by section 90.101, subdivision 1, to persons eligible 67.5under this section at the appraised value; and 67.6(3) no sale may be made to a person having more than 20 new text begin 30 new text end employees. For the 67.7purposes of this clause, "employee" means an individual working new text begin in the timber or wood new text end 67.8 new text begin products industry new text end for salary or wages on a full-time or part-time basis. 67.9(b) The auction sale procedure set forth in this section constitutes an additional 67.10alternative timber sale procedure available to the commissioner and is not intended to 67.11replace other authority possessed by the commissioner to sell timber in lots of 3,000 67.12cords or less. 67.13 new text begin (c) Another bidder or the commissioner may request that the number of employees a new text end 67.14 new text begin bidder has pursuant to paragraph (a), clause (3), be confirmed if there is evidence that the new text end 67.15 new text begin bidder may be ineligible due to exceeding the employee threshold. The commissioner new text end 67.16 new text begin shall request information from the commissioners of labor and industry and employment new text end 67.17 new text begin and economic development including the premiums paid by the bidder in question new text end 67.18 new text begin for workers' compensation insurance coverage for all employees of the bidder. The new text end 67.19 new text begin commissioner shall review the information submitted by the commissioners of labor and new text end 67.20 new text begin industry and employment and economic development and make a determination based on new text end 67.21 new text begin that information as to whether the bidder is eligible. A bidder is considered eligible and new text end 67.22 new text begin may participate in intermediate auctions until determined ineligible under this paragraph. new text end 67.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from July 1, 2006. new text end 67.24    Sec. 46. Minnesota Statutes 2008, section 90.14, is amended to read: 67.2590.14 AUCTION SALE PROCEDURE. 67.26(a) All state timber shall be offered and sold by the same unit of measurement as it 67.27was appraised. No tract shall be sold to any person other than the purchaser in whose name 67.28the bid was made. The commissioner may refuse to approve any and all bids received and 67.29cancel a sale of state timber for good and sufficient reasons. 67.30(b) The purchaser at any sale of timber shall, immediately upon the approval of the 67.31bid, or, if unsold at public auction, at the time of purchase at a subsequent sale under 67.32section 90.101, subdivision 1, pay to the commissioner a down payment of 15 percent 67.33of the appraised value. In case any purchaser fails to make such payment, the purchaser 67.34shall be liable therefor to the state in a civil action, and the commissioner may reoffer the 68.1timber for sale as though no bid or sale under section 90.101, subdivision 1, therefor 68.2had been made. 68.3(c) In lieu of the scaling of state timber required by this chapter, a purchaser of 68.4state timber may, at the time of payment by the purchaser to the commissioner of 15 68.5percent of the appraised value, elect in writing on a form prescribed by the attorney 68.6general to purchase a permit based solely on the appraiser's estimate of the volume of 68.7timber described in the permit, provided that the commissioner has expressly designated 68.8the availability of such option for that tract on the list of tracts available for sale as 68.9required under section 90.101. A purchaser who elects in writing on a form prescribed 68.10by the attorney general to purchase a permit based solely on the appraiser's estimate of 68.11the volume of timber described on the permit does not have recourse to the provisions 68.12of section 90.281. 68.13(d) In the case of a public auction sale conducted by a sealed bid process, tracts shall 68.14be awarded to the high bidder, who shall pay to the commissioner a down payment of 15 68.15percent of the appraised value within ten business days of receiving a written award 68.16notice new text begin that must be received or postmarked within 14 days of the date of the sealed bid new text end 68.17 new text begin opening new text end . If a purchaser fails to make the down payment, the purchaser is liable for the 68.18down payment to the state and the commissioner may offer the timber for sale to the next 68.19highest bidder as though no higher bid had been made. 68.20(e) Except as otherwise provided by law, at the time the purchaser signs a permit 68.21issued 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 68.22a bid guarantee payment to the commissioner in an amount equal to 15 percent of the 68.23total purchase price of the permit less the down payment amount required by paragraph 68.24(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 68.25guarantee payment is not submitted with the signed permit, no harvesting may occur, the 68.26permit cancels, and the down payment for timber forfeits to the state. The bid guarantee 68.27payment forfeits to the state if the purchaser and successors in interest fail to execute 68.28an effective permit. 68.29    Sec. 47. Minnesota Statutes 2008, section 97B.665, subdivision 2, is amended to read: 68.30    Subd. 2. Petition to district court. If a beaver dam causes a threat to personal 68.31safety or a serious threat to damage property, and a person cannot obtain consent under 68.32subdivision 1, a person may petition the district court for relief. The court may order the 68.33commissioner new text begin owners of private property where beaver dams are located new text end to take action 68.34to reduce the threat. new text begin A permit is not required for an action ordered by the court. new text end new text begin The new text end 69.1 new text begin action may include destruction or alteration of beaver dams and removal of beaver. This new text end 69.2 new text begin subdivision does not apply to state parks, state game refuges, and federal game refuges. new text end 69.3    Sec. 48. new text begin [103A.212] WATERSHED MANAGEMENT POLICY. new text end 69.4     new text begin The quality of life of every Minnesotan depends on water. Minnesota's rivers, lakes, new text end 69.5 new text begin streams, wetlands, and groundwater provide a foundation for drinking water and the state's new text end 69.6 new text begin recreational, municipal, commercial, industrial, agricultural, environmental, aesthetic, and new text end 69.7 new text begin economic well-being. The legislature finds that it is in the public interest to manage new text end 69.8 new text begin groundwater and surface water resources from the perspective of aquifers, watersheds, new text end 69.9 new text begin and river basins to achieve protection, preservation, enhancement, and restoration of the new text end 69.10 new text begin state's valuable groundwater and surface water resources. new text end 69.11    Sec. 49. Minnesota Statutes 2008, section 103A.305, is amended to read: 69.12103A.305 JURISDICTION. 69.13Sections 103A.301 to 103A.341 apply if the decision of an agency in a proceeding 69.14involves a question of water policy in one or more of the areas of water conservation, water 69.15pollution, preservation and management of wildlife, drainage, soil conservation, public 69.16recreation, forest management, and municipal planning under section 97A.135; 103A.411; 69.17103E.011 ; 103E.015; 103G.245; 103G.261; 103G.271; 103G.275; 103G.281; 103G.295, 69.18subdivisions 1 and 2 ; new text begin ; new text end 103G.297 to 103G.311; 103G.315, subdivisions 1, 10, 69.1911, and 12 ; 103G.401; 103G.405; 103I.681, subdivision 1; 115.04; or 115.05. 69.20    Sec. 50. Minnesota Statutes 2008, section 103B.702, is amended by adding a 69.21subdivision to read: 69.22     new text begin Subd. 10. new text end new text begin Decisions; review and approval. new text end new text begin Decisions of the Star Lake Board new text end 69.23 new text begin regarding the criteria used to designate a lake or river as a "Minnesota Star Lake" or new text end 69.24 new text begin "Minnesota Star River," as well as a decision to award grants, are subject to the review new text end 69.25 new text begin and approval of the Board of Water and Soil Resources. new text end 69.26    Sec. 51. Minnesota Statutes 2009 Supplement, section 103G.201, is amended to read: 69.27103G.201 PUBLIC WATERS INVENTORY. 69.28(a) The commissioner shall maintain a public waters inventory map of each county 69.29that shows the waters of this state that are designated as public waters under the public 69.30waters inventory and classification procedures prescribed under Laws 1979, chapter 69.31199, and shall provide access to a copy of the maps and lists. As county public waters 70.1inventory maps and lists are revised according to this section, the commissioner shall send 70.2a notification or a copy of the maps and lists to the auditor of each affected county. 70.3(b) The commissioner is authorized to revise the list new text begin map new text end of public waters established 70.4under Laws 1979, chapter 199, to reclassify those types 3, 4, and 5 wetlands previously 70.5identified as public waters wetlands under Laws 1979, chapter 199, as public waters or as 70.6wetlands under section 103G.005, subdivision 19. The commissioner may only reclassify 70.7public waters wetlands as public waters if: 70.8(1) they are assigned a shoreland management classification by the commissioner 70.9under sections 103F.201 to 103F.221; 70.10(2) they are classified as lacustrine wetlands or deepwater habitats according to 70.11Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, 70.12et al., 1979 edition); or 70.13(3) the state or federal government has become titleholder to any of the beds or 70.14shores of the public waters wetlands, subsequent to the preparation of the public waters 70.15inventory map filed with the auditor of the county, pursuant to paragraph (a), and the 70.16responsible state or federal agency declares that the water is necessary for the purposes 70.17of the public ownership. 70.18(c) The commissioner must provide notice of the reclassification to the local 70.19government unit, the county board, the watershed district, if one exists for the area, and 70.20the soil and water conservation district. Within 60 days of receiving notice from the 70.21commissioner, a party required to receive the notice may provide a resolution stating 70.22objections to the reclassification. If the commissioner receives an objection from a party 70.23required to receive the notice, the reclassification is not effective. If the commissioner does 70.24not receive an objection from a party required to receive the notice, the reclassification 70.25of a wetland under paragraph (b) is effective 60 days after the notice is received by all 70.26of the parties. 70.27(d) The commissioner shall give priority to the reclassification of public waters 70.28wetlands that are or have the potential to be affected by public works projects. 70.29(e) The commissioner may revise the public waters inventory map and list of each 70.30county: 70.31(1) to reflect the changes authorized in paragraph (b); and 70.32(2) as needed, to: 70.33(i) correct errors in the original inventory; 70.34(ii) add or subtract trout stream tributaries within sections that contain a designated 70.35trout stream following written notice to the landowner; 71.1(iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds 71.250 acres and the shoreland has been zoned for residential development; and 71.3(iv) add or subtract public waters that have been created or eliminated as a 71.4requirement of a permit authorized by the commissioner under section 103G.245. 71.5    Sec. 52. Minnesota Statutes 2008, section 103G.271, subdivision 3, is amended to read: 71.6    Subd. 3. Permit restriction during summer months. The commissioner must not 71.7modify or restrict the amount of appropriation from a groundwater source authorized in a 71.8water use permit issued to irrigate agricultural land under section 103G.295, subdivision 71.92 , between May 1 and October 1, unless the commissioner determines the authorized 71.10amount of appropriation endangers a domestic water supply. 71.11    Sec. 53. new text begin [103G.282] MONITORING TO EVALUATE IMPACTS FROM new text end 71.12 new text begin APPROPRIATIONS. new text end 71.13     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 71.14 new text begin installation and maintenance of monitoring equipment to evaluate water resource impacts new text end 71.15 new text begin from permitted appropriations and proposed projects that require a permit. Monitoring for new text end 71.16 new text begin water resources that supply more than one appropriator must be designed to minimize new text end 71.17 new text begin costs to individual appropriators. new text end 71.18     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 71.19 new text begin subdivision 1 must be equipped with automated measuring devices to measure water new text end 71.20 new text begin levels, flows, or conditions. The commissioner may determine the frequency of new text end 71.21 new text begin measurements and other measuring methods based on the quantity of water appropriated new text end 71.22 new text begin or used, the source of water, potential connections to other water resources, the method new text end 71.23 new text begin of appropriating or using water, seasonal and long-term changes in water levels, and any new text end 71.24 new text begin other facts supplied to the commissioner. new text end 71.25     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 71.26 new text begin 2 must be kept for each installation. The measurements must be reported annually to the new text end 71.27 new text begin commissioner on or before February 15 of the following year in a format or on forms new text end 71.28 new text begin prescribed by the commissioner. new text end 71.29 new text begin (b) The owner or person in charge of an installation for appropriating or using new text end 71.30 new text begin waters of the state or a proposal that requires a permit is responsible for all costs related new text end 71.31 new text begin to establishing and maintaining monitoring installations and to measuring and reporting new text end 71.32 new text begin data. Monitoring costs for water resources that supply more than one appropriator may be new text end 71.33 new text begin distributed among all users within a monitoring area determined by the commissioner and new text end 71.34 new text begin assessed based on volumes of water appropriated and proximity to resources of concern. new text end 72.1    Sec. 54. Minnesota Statutes 2008, section 103G.285, subdivision 5, is amended to read: 72.2    Subd. 5. Trout streams. Permits issued after June 3, 1977, to appropriate water 72.3from streams designated trout streams by the commissioner's orders under section 72.4 new text begin 97C.005 new text end must be limited to temporary appropriations. 72.5    Sec. 55. new text begin [103G.287] GROUNDWATER APPROPRIATIONS. new text end 72.6     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 72.7 new text begin use permit applications are not complete until the applicant has supplied: new text end 72.8 new text begin (1) a water well record as required by section new text end new text begin , subdivision 9, information new text end 72.9 new text begin on the subsurface geologic formations penetrated by the well and the formation or aquifer new text end 72.10 new text begin that will serve as the water source, and geologic information from test holes drilled to new text end 72.11 new text begin locate the site of the production well; new text end 72.12 new text begin (2) the maximum daily, seasonal, and annual pumpage rates and volumes being new text end 72.13 new text begin requested; new text end 72.14 new text begin (3) information on groundwater quality in terms of the measures of quality new text end 72.15 new text begin commonly specified for the proposed water use and details on water treatment necessary new text end 72.16 new text begin for the proposed use; new text end 72.17 new text begin (4) an inventory of existing wells within 1-1/2 miles of the proposed production well new text end 72.18 new text begin or within the area of influence, as determined by the commissioner. The inventory must new text end 72.19 new text begin include information on well locations, depths, geologic formations, depth of the pump or new text end 72.20 new text begin intake, pumping and nonpumping water levels, and details of well construction; and new text end 72.21 new text begin (5) the results of an aquifer test completed according to specifications approved by new text end 72.22 new text begin the commissioner. The test must be conducted at the maximum pumping rate requested new text end 72.23 new text begin in the application and for a length of time adequate to assess or predict impacts to other new text end 72.24 new text begin wells and surface water and groundwater resources. The permit applicant is responsible new text end 72.25 new text begin for all costs related to the aquifer test, including the construction of groundwater and new text end 72.26 new text begin surface water monitoring installations, and water level readings before, during, and after new text end 72.27 new text begin the aquifer test. new text end 72.28 new text begin (b) The commissioner may waive an application requirement in this subdivision new text end 72.29 new text begin if the information provided with the application is adequate to determine whether the new text end 72.30 new text begin proposed appropriation and use of water is sustainable and will protect ecosystems, water new text end 72.31 new text begin quality, and the ability of future generations to meet their own needs. new text end 72.32     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 72.33 new text begin that have potential impacts to surface waters are subject to applicable provisions in new text end 72.34 new text begin section new text end new text begin . new text end 73.1     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 73.2 new text begin water appropriation limits to protect groundwater resources. When establishing water new text end 73.3 new text begin appropriation limits to protect groundwater resources, the commissioner must consider new text end 73.4 new text begin the sustainability of the groundwater resource, including the current and projected water new text end 73.5 new text begin levels, water quality, whether the use protects ecosystems, and the ability of future new text end 73.6 new text begin generations to meet their own needs. new text end 73.7     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 73.8 new text begin groundwater management areas and limit total annual water appropriations and uses within new text end 73.9 new text begin a designated area to ensure sustainable use of groundwater that protects ecosystems, water new text end 73.10 new text begin quality, and the ability of future generations to meet their own needs. Water appropriations new text end 73.11 new text begin and uses within a designated management area must be consistent with a plan approved by new text end 73.12 new text begin the commissioner that addresses water conservation requirements and water allocation new text end 73.13 new text begin priorities established in section new text end new text begin . new text end 73.14     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 73.15 new text begin permits for appropriation from groundwater only if the commissioner determines that the new text end 73.16 new text begin groundwater use is sustainable to supply the needs of future generations and the proposed new text end 73.17 new text begin use will not harm ecosystems, degrade water, or reduce water levels beyond the reach new text end 73.18 new text begin of public water supply and private domestic wells constructed according to Minnesota new text end 73.19 new text begin Rules, chapter 4725. new text end 73.20    Sec. 56. Minnesota Statutes 2008, section 103G.301, subdivision 6, is amended to read: 73.21    Subd. 6. Filing application. (a) An application for a permit must be filed with the 73.22commissioner and if the proposed activity for which the permit is requested is within a 73.23municipality, or is within or affects a watershed district or a soil and water conservation 73.24district, a copy of the application with maps, plans, and specifications must be served on 73.25the mayor of the municipality, the secretary of the board of managers of the watershed 73.26district, and the secretary of the board of supervisors of the soil and water conservation 73.27district. 73.28(b) If the application is required to be served on a local governmental unit under 73.29this subdivision, proof of service must be included with the application and filed with 73.30the commissioner. 73.31    Sec. 57. Minnesota Statutes 2008, section 103G.305, subdivision 2, is amended to read: 73.32    Subd. 2. Exception. The requirements of subdivision 1 do not apply to applications 73.33for a water use permit for: 73.34(1) appropriations from waters of the state for irrigation, under section ; 74.1(2) appropriations for diversion from the basin of origin of more than 2,000,000 74.2gallons per day average in a 30-day period; or 74.3(3) new text begin (2) new text end appropriations with a consumptive use of more than 2,000,000 gallons per 74.4day average for a 30-day period. 74.5    Sec. 58. Minnesota Statutes 2008, section 103G.315, subdivision 11, is amended to 74.6read: 74.7    Subd. 11. Limitations on permits. (a) Except as otherwise expressly provided by 74.8law, a permit issued by the commissioner under this chapter is subject to: 74.9(1) cancellation by the commissioner at any time if necessary to protect the public 74.10interests; 74.11(2) further conditions on the term of the permit or its cancellation as the 74.12commissioner may prescribe and amend and reissue the permit; and 74.13(3) applicable law existing before or after the issuance of the permit. 74.14(b) Permits issued to irrigate agricultural land under section , or considered 74.15issued, are subject to this subdivision and are subject to cancellation by the commissioner 74.16upon the recommendation of the supervisors of the soil and water conservation district 74.17where the land to be irrigated is located. 74.18    Sec. 59. Minnesota Statutes 2008, section 103G.515, subdivision 5, is amended to read: 74.19    Subd. 5. Removal of hazardous dams. Notwithstanding any provision of 74.20this section or of section 103G.511 relating to cost sharing or apportionment, the 74.21commissioner, within the limits of legislative appropriation, may assume or pay the entire 74.22cost of removal of a privately or publicly owned dam upon determining new text begin removal provides new text end 74.23 new text begin the lowest cost solution and: new text end 74.24 new text begin (1) new text end that continued existence of the structure presents a significant public safety 74.25hazard, or prevents restoration of an important fisheries resource, new text begin ; new text end or 74.26 new text begin (2) new text end that public or private property is being damaged due to partial failure of the 74.27structure, and that an attempt to assess costs of removal against the private or public 74.28owner would be of no avail. 74.29    Sec. 60. Minnesota Statutes 2008, section 103G.615, subdivision 2, is amended to read: 74.30    Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to 74.31control or harvest aquatic plants other than wild rice. The fees must be set by rule, and 74.32section 16A.1283 does not apply, but the rule must not take effect until 45 legislative 74.33days after it has been reported to the legislature. The fees shall be based upon the cost 75.1of receiving, processing, analyzing, and issuing the permit, and additional costs incurred 75.2after the application to inspect and monitor the activities authorized by the permit, and 75.3enforce aquatic plant management rules and permit requirements. 75.4    (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous 75.5parcel of shoreline owned by an owner may be charged. This fee may not be charged for 75.6permits issued in connection with purple loosestrife control or lakewide Eurasian water 75.7milfoil control programs. 75.8    (c) A fee may not be charged to the state or a federal governmental agency applying 75.9for a permit. 75.10    (d) new text begin A fee for a permit for the control of rooted aquatic vegetation in a public new text end 75.11 new text begin water basin that is 20 acres or less in size shall be one-half of the fee established under new text end 75.12 new text begin paragraph (a). new text end 75.13 new text begin (e) new text end The money received for the permits under this subdivision shall be deposited in 75.14the treasury and credited to the water recreation account. 75.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2010. new text end 75.16    Sec. 61. new text begin [103G.651] REMOVING SUNKEN LOGS FROM PUBLIC WATERS. new text end 75.17 new text begin The commissioner of natural resources must not issue leases to remove sunken logs new text end 75.18 new text begin or issue permits for the removal of sunken logs from public waters. new text end 75.19    Sec. 62. Minnesota Statutes 2008, section 115.55, is amended by adding a subdivision 75.20to read: 75.21     new text begin Subd. 13. new text end new text begin Subsurface sewage treatment systems implementation and new text end 75.22 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 75.23 new text begin sewage treatment systems implementation and enforcement task force in collaboration new text end 75.24 new text begin with the Association of Minnesota Counties, Minnesota Association of Realtors, new text end 75.25 new text begin Minnesota Association of County Planning and Zoning Administrators, and the Minnesota new text end 75.26 new text begin Onsite Wastewater Association. The agency shall work in collaboration with the task new text end 75.27 new text begin force to develop effective and timely implementation and enforcement methods in order to new text end 75.28 new text begin rapidly reduce the number of subsurface sewage treatment systems that are an imminent new text end 75.29 new text begin threat to public health or safety and effectively enforce all violations of the subsurface new text end 75.30 new text begin sewage treatment system rules. The agency shall meet at least three times per year with new text end 75.31 new text begin the task force to address implementation and enforcement issues. The meetings shall be new text end 75.32 new text begin scheduled so that they do not interfere with the construction season. new text end 75.33 new text begin (b) The agency, in collaboration with the task force and in consultation with the new text end 75.34 new text begin attorney general, county attorneys, and county planning and zoning staff, shall develop, new text end 76.1 new text begin periodically update, and provide to counties enforcement protocols and a checklist that new text end 76.2 new text begin county inspectors, field staff, and others may use when inspecting subsurface sewage new text end 76.3 new text begin treatment systems and enforcing subsurface sewage treatment system rules. new text end 76.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 76.5    Sec. 63. Minnesota Statutes 2008, section 116.07, subdivision 4, is amended to read: 76.6    Subd. 4. Rules and standards. new text begin (a) new text end Pursuant and subject to the provisions of chapter 76.714, and the provisions hereof, the Pollution Control Agency may adopt, amend and rescind 76.8rules and standards having the force of law relating to any purpose within the provisions 76.9of Laws 1967, chapter 882, for the prevention, abatement, or control of air pollution. 76.10Any such rule or standard may be of general application throughout the state, or may be 76.11limited as to times, places, circumstances, or conditions in order to make due allowance 76.12for variations therein. Without limitation, rules or standards may relate to sources or 76.13emissions of air contamination or air pollution, to the quality or composition of such 76.14emissions, or to the quality of or composition of the ambient air or outdoor atmosphere or 76.15to any other matter relevant to the prevention, abatement, or control of air pollution. 76.16     new text begin (b) new text end Pursuant and subject to the provisions of chapter 14, and the provisions hereof, 76.17the Pollution Control Agency may adopt, amend, and rescind rules and standards having 76.18the force of law relating to any purpose within the provisions of Laws 1969, chapter 76.191046, for the collection, transportation, storage, processing, and disposal of solid waste 76.20and the prevention, abatement, or control of water, air, and land pollution which may be 76.21related thereto, and the deposit in or on land of any other material that may tend to cause 76.22pollution. The agency shall adopt such rules and standards for sewage sludge, addressing 76.23the intrinsic suitability of land, the volume and rate of application of sewage sludge of 76.24various degrees of intrinsic hazard, design of facilities, and operation of facilities and sites. 76.25Any such rule or standard may be of general application throughout the state or may be 76.26limited as to times, places, circumstances, or conditions in order to make due allowance 76.27for variations therein. Without limitation, rules or standards may relate to collection, 76.28transportation, processing, disposal, equipment, location, procedures, methods, systems 76.29or techniques or to any other matter relevant to the prevention, abatement or control of 76.30water, air, and land pollution which may be advised through the control of collection, 76.31transportation, processing, and disposal of solid waste and sewage sludge, and the deposit 76.32in or on land of any other material that may tend to cause pollution. By January 1, 1983, 76.33the rules for the management of sewage sludge shall include an analysis of the sewage 76.34sludge determined by the commissioner of agriculture to be necessary to meet the soil 76.35amendment labeling requirements of section 18C.215. 77.1 new text begin (c) new text end The rules for the disposal of solid waste shall include site-specific criteria to 77.2prohibit solid waste disposal based on the area's sensitivity to groundwater contamination, 77.3including site-specific testing. new text begin The rules shall provide criteria for locating landfills new text end 77.4 new text begin based on a site's sensitivity to groundwater contamination. Sensitivity to groundwater new text end 77.5 new text begin contamination is based on the predicted minimum time of travel of groundwater new text end 77.6 new text begin contaminants from the solid waste to the compliance boundary. The rules shall prohibit new text end 77.7 new text begin landfills in areas where karst is likely to develop. The rules shall specify testable or new text end 77.8 new text begin otherwise objective thresholds for these criteria. new text end The rules shall also include modifications 77.9to financial assurance requirements under subdivision 4h that ensure the state is protected 77.10from financial responsibility for future groundwater contamination. new text begin The modifications to new text end 77.11 new text begin the financial assurance rules specified in this paragraph must require that a solid waste new text end 77.12 new text begin disposal facility subject to them maintain financial assurance so long as the facility poses a new text end 77.13 new text begin potential environmental risk to human health, wildlife, or the environment, as determined new text end 77.14 new text begin by the agency following an empirical assessment. The financial assurance and siting new text end 77.15 new text begin modifications to the rules specified in this paragraph do not apply to: new text end 77.16 new text begin (1) solid waste facilities initially permitted before January 1, 2011, including future new text end 77.17 new text begin contiguous expansions and noncontiguous expansions within 600 yards of a permitted new text end 77.18 new text begin boundary; new text end 77.19 new text begin (2) solid waste disposal facilities that accept only construction and demolition debris new text end 77.20 new text begin and incidental nonrecyclable packaging, and facilities that accept only industrial waste new text end 77.21 new text begin that is limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting new text end 77.22 new text begin from the manufacture of construction materials; and new text end 77.23 new text begin (3) requirements for permit by rule solid waste disposal facilities. new text end 77.24 new text begin (d) new text end Until the rules are modified new text begin as provided in paragraph (c) new text end to include site-specific 77.25criteria to prohibit areas from solid waste disposal due to groundwater contamination 77.26sensitivity, as required under this section, the agency shall not issue a permit for a new 77.27solid waste disposal facility, except for: 77.28    (1) the reissuance of a permit for a land disposal facility operating as of March 77.291, 2008; 77.30    (2) a permit to expand a land disposal facility operating as of March 1, 2008, beyond 77.31its permitted boundaries, including expansion on land that is not contiguous to, but is 77.32located within 600 yards of, the land disposal facility's permitted boundaries; 77.33    (3) a permit to modify the type of waste accepted at a land disposal facility operating 77.34as of March 1, 2008; 77.35    (4) a permit to locate a disposal facility that accepts only construction debris as 77.36defined in section 115A.03, subdivision 7; 78.1    (5) a permit to locate a disposal facility that: 78.2    (i) accepts boiler ash from an electric energy power plant that has wet scrubbed units 78.3or has units that have been converted from wet scrubbed units to dry scrubbed units as 78.4those terms are defined in section 216B.68; 78.5    (ii) is on land that was owned on May 1, 2008, by the utility operating the electric 78.6energy power plant; and 78.7    (iii) is located within three miles of the existing ash disposal facility for the power 78.8plant; or 78.9    (6) a permit to locate a new solid waste disposal facility for ferrous metallic minerals 78.10regulated under Minnesota Rules, chapter 6130, or for nonferrous metallic minerals 78.11regulated under Minnesota Rules, chapter 6132. 78.12     new text begin (e) new text end Pursuant and subject to the provisions of chapter 14, and the provisions hereof, 78.13the Pollution Control Agency may adopt, amend and rescind rules and standards having 78.14the force of law relating to any purpose within the provisions of Laws 1971, chapter 727, 78.15for the prevention, abatement, or control of noise pollution. Any such rule or standard 78.16may be of general application throughout the state, or may be limited as to times, places, 78.17circumstances or conditions in order to make due allowances for variations therein. 78.18Without limitation, rules or standards may relate to sources or emissions of noise or noise 78.19pollution, to the quality or composition of noises in the natural environment, or to any 78.20other matter relevant to the prevention, abatement, or control of noise pollution. 78.21     new text begin (f) new text end As to any matters subject to this chapter, local units of government may set 78.22emission regulations with respect to stationary sources which are more stringent than 78.23those set by the Pollution Control Agency. 78.24     new text begin (g) new text end Pursuant to chapter 14, the Pollution Control Agency may adopt, amend, 78.25and rescind rules and standards having the force of law relating to any purpose within 78.26the provisions of this chapter for generators of hazardous waste, the management, 78.27identification, labeling, classification, storage, collection, treatment, transportation, 78.28processing, and disposal of hazardous waste and the location of hazardous waste facilities. 78.29A rule or standard may be of general application throughout the state or may be limited 78.30as to time, places, circumstances, or conditions. In implementing its hazardous waste 78.31rules, the Pollution Control Agency shall give high priority to providing planning and 78.32technical assistance to hazardous waste generators. The agency shall assist generators in 78.33investigating the availability and feasibility of both interim and long-term hazardous waste 78.34management methods. The methods shall include waste reduction, waste separation, 78.35waste processing, resource recovery, and temporary storage. 79.1     new text begin (h) new text end The Pollution Control Agency shall give highest priority in the consideration 79.2of permits to authorize disposal of diseased shade trees by open burning at designated 79.3sites to evidence concerning economic costs of transportation and disposal of diseased 79.4shade trees by alternative methods. 79.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 79.6    Sec. 64. Minnesota Statutes 2008, section 116.07, subdivision 4h, is amended to read: 79.7    Subd. 4h. Financial responsibility rules. (a) The agency shall adopt rules requiring 79.8the operator or owner of a solid waste disposal facility to submit to the agency proof 79.9of the operator's or owner's financial capability to provide reasonable and necessary 79.10response during the operating life of the facility and for 30 years after closure for a mixed 79.11municipal solid waste disposal facility or for a minimum of 20 years after closure, as 79.12determined by agency rules, for any other solid waste disposal facility, and to provide for 79.13the closure of the facility and postclosure care required under agency rules. Proof of 79.14financial responsibility is required of the operator or owner of a facility receiving an 79.15original permit or a permit for expansion after adoption of the rules. Within 180 days of 79.16the effective date of the rules or by July 1, 1987, whichever is later, proof of financial 79.17responsibility is required of an operator or owner of a facility with a remaining capacity of 79.18more than five years or 500,000 cubic yards that is in operation at the time the rules are 79.19adopted. Compliance with the rules and the requirements of paragraph (b) is a condition 79.20of obtaining or retaining a permit to operate the facility. 79.21(b) A municipality, as defined in section 475.51, subdivision 2, including a sanitary 79.22district, that owns or operates a solid waste disposal facility that was in operation on May 79.2315, 1989, may meet its financial responsibility for all or a portion of the contingency 79.24action portion of the reasonable and necessary response costs at the facility by pledging its 79.25full faith and credit to meet its responsibility. 79.26The pledge must be made in accordance with the requirements in chapter 475 for 79.27issuing bonds of the municipality, and the following additional requirements: 79.28(1) The governing body of the municipality shall enact an ordinance that clearly 79.29accepts responsibility for the costs of contingency action at the facility and that reserves, 79.30during the operating life of the facility and for the time period required in paragraph (a) 79.31after closure, a portion of the debt limit of the municipality, as established under section 79.32475.53 or other law, that is equal to the total contingency action costs. 79.33(2) The municipality shall require that all collectors that haul to the facility 79.34implement a plan for reducing solid waste by using volume-based pricing, recycling 79.35incentives, or other means. 80.1(3) When a municipality opts to meet a portion of its financial responsibility by 80.2relying on its authority to issue bonds, it shall also begin setting aside in a dedicated 80.3long-term care trust fund money that will cover a portion of the potential contingency 80.4action costs at the facility, the amount to be determined by the agency for each facility 80.5based on at least the amount of waste deposited in the disposal facility each year, and the 80.6likelihood and potential timing of conditions arising at the facility that will necessitate 80.7response action. The agency may not require a municipality to set aside more than five 80.8percent of the total cost in a single year. 80.9(4) A municipality shall have and consistently maintain an investment grade bond 80.10rating as a condition of using bonding authority to meet financial responsibility under 80.11this section. 80.12(5) The municipality shall file with the commissioner of revenue its consent to have 80.13the amount of its contingency action costs deducted from state aid payments otherwise 80.14due the municipality and paid instead to the remediation fund created in section 116.155, 80.15if the municipality fails to conduct the contingency action at the facility when ordered 80.16by the agency. If the agency notifies the commissioner that the municipality has failed to 80.17conduct contingency action when ordered by the agency, the commissioner shall deduct 80.18the amounts indicated by the agency from the state aids in accordance with the consent 80.19filed with the commissioner. 80.20(6) The municipality shall file with the agency written proof that it has complied 80.21with the requirements of paragraph (b). 80.22(c) The method for proving financial responsibility under paragraph (b) may not be 80.23applied to a new solid waste disposal facility or to expansion of an existing facility, unless 80.24the expansion is a vertical expansion. Vertical expansions of qualifying existing facilities 80.25cannot be permitted for a duration of longer than three years. 80.26 new text begin (d) The commissioner shall consult with the commissioner of management and new text end 80.27 new text begin budget for guidance on the forms of financial assurance that are acceptable for private new text end 80.28 new text begin owners and public owners, and in carrying out a periodic review of the adequacy of new text end 80.29 new text begin financial assurance for solid waste disposal facilities. Financial assurance rules shall new text end 80.30 new text begin allow financial mechanisms to public owners of solid waste disposal facilities that are new text end 80.31 new text begin appropriate to their status as subdivisions of the state. new text end 80.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 80.33    Sec. 65. Minnesota Statutes 2008, section 116D.04, subdivision 2a, is amended to read: 80.34    Subd. 2a. When prepared. Where there is potential for significant environmental 80.35effects resulting from any major governmental action, the action shall be preceded by a 81.1detailed environmental impact statement prepared by the responsible governmental unit. 81.2The environmental impact statement shall be an analytical rather than an encyclopedic 81.3document which describes the proposed action in detail, analyzes its significant 81.4environmental impacts, discusses appropriate alternatives to the proposed action and 81.5their impacts, and explores methods by which adverse environmental impacts of an 81.6action could be mitigated. The environmental impact statement shall also analyze those 81.7economic, employment and sociological effects that cannot be avoided should the action 81.8be implemented. To ensure its use in the decision-making process, the environmental 81.9impact statement shall be prepared as early as practical in the formulation of an action. 81.10No mandatory environmental impact statement may be required for an ethanol plant, 81.11as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than 81.12125,000,000 gallons of ethanol annually and is located outside of the seven-county 81.13metropolitan area. 81.14(a) The board shall by rule establish categories of actions for which environmental 81.15impact statements and for which environmental assessment worksheets shall be prepared 81.16as well as categories of actions for which no environmental review is required under 81.17this section. 81.18(b) The responsible governmental unit shall promptly publish notice of the 81.19completion of an environmental assessment worksheet in a manner to be determined by 81.20the board and shall provide copies of the environmental assessment worksheet to the board 81.21and its member agencies. Comments on the need for an environmental impact statement 81.22may be submitted to the responsible governmental unit during a 30 day period following 81.23publication of the notice that an environmental assessment worksheet has been completed. 81.24The responsible governmental unit's decision on the need for an environmental impact 81.25statement shall be based on the environmental assessment worksheet and the comments 81.26received during the comment period, and shall be made within 15 days after the close of 81.27the comment period. The board's chair may extend the 15 day period by not more than 15 81.28additional days upon the request of the responsible governmental unit. 81.29(c) An environmental assessment worksheet shall also be prepared for a proposed 81.30action whenever material evidence accompanying a petition by not less than 25 81.31individuals, submitted before the proposed project has received final approval by the 81.32appropriate governmental units, demonstrates that, because of the nature or location of a 81.33proposed action, there may be potential for significant environmental effects. Petitions 81.34requesting the preparation of an environmental assessment worksheet shall be submitted to 81.35the board. The chair of the board shall determine the appropriate responsible governmental 81.36unit and forward the petition to it. A decision on the need for an environmental assessment 82.1worksheet shall be made by the responsible governmental unit within 15 days after the 82.2petition is received by the responsible governmental unit. The board's chair may extend 82.3the 15 day period by not more than 15 additional days upon request of the responsible 82.4governmental unit. 82.5(d) Except in an environmentally sensitive location where Minnesota Rules, part 82.64410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 82.7review under this chapter and rules of the board, if: 82.8(1) the proposed action is: 82.9(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or 82.10(ii) an expansion of an existing animal feedlot facility with a total cumulative 82.11capacity of less than 1,000 animal units; 82.12(2) the application for the animal feedlot facility includes a written commitment by 82.13the proposer to design, construct, and operate the facility in full compliance with Pollution 82.14Control Agency feedlot rules; and 82.15(3) the county board holds a public meeting for citizen input at least ten business 82.16days prior to the Pollution Control Agency or county issuing a feedlot permit for the 82.17animal feedlot facility unless another public meeting for citizen input has been held with 82.18regard to the feedlot facility to be permitted. The exemption in this paragraph is in 82.19addition to other exemptions provided under other law and rules of the board. 82.20(e) The board may, prior to final approval of a proposed project, require preparation 82.21of an environmental assessment worksheet by a responsible governmental unit selected 82.22by the board for any action where environmental review under this section has not been 82.23specifically provided for by rule or otherwise initiated. 82.24(f) An early and open process shall be utilized to limit the scope of the environmental 82.25impact statement to a discussion of those impacts, which, because of the nature or location 82.26of the project, have the potential for significant environmental effects. The same process 82.27shall be utilized to determine the form, content and level of detail of the statement as well 82.28as the alternatives which are appropriate for consideration in the statement. In addition, 82.29the permits which will be required for the proposed action shall be identified during the 82.30scoping process. Further, the process shall identify those permits for which information 82.31will be developed concurrently with the environmental impact statement. The board 82.32shall provide in its rules for the expeditious completion of the scoping process. The 82.33determinations reached in the process shall be incorporated into the order requiring the 82.34preparation of an environmental impact statement. 82.35(g) new text begin The responsible governmental unit shall, to the extent practicable, avoid new text end 82.36 new text begin duplication and ensure coordination between state and federal environmental review new text end 83.1 new text begin and between environmental review and environmental permitting. new text end Whenever practical, 83.2information needed by a governmental unit for making final decisions on permits or 83.3other actions required for a proposed project shall be developed in conjunction with the 83.4preparation of an environmental impact statement. 83.5(h) An environmental impact statement shall be prepared and its adequacy 83.6determined within 280 days after notice of its preparation unless the time is extended by 83.7consent of the parties or by the governor for good cause. The responsible governmental 83.8unit shall determine the adequacy of an environmental impact statement, unless within 60 83.9days after notice is published that an environmental impact statement will be prepared, 83.10the board chooses to determine the adequacy of an environmental impact statement. If an 83.11environmental impact statement is found to be inadequate, the responsible governmental 83.12unit shall have 60 days to prepare an adequate environmental impact statement. 83.13    Sec. 66. Minnesota Statutes 2008, section 116D.04, is amended by adding a 83.14subdivision to read: 83.15     new text begin Subd. 14. new text end new text begin Customized environmental assessment worksheet forms; electronic new text end 83.16 new text begin submission. new text end new text begin (a) The commissioners of natural resources and the Pollution Control new text end 83.17 new text begin Agency and the board shall periodically review mandatory environmental assessment new text end 83.18 new text begin worksheet categories under rules adopted under this section, and other project types that new text end 83.19 new text begin are frequently subject to environmental review, and develop customized environmental new text end 83.20 new text begin assessment worksheet forms for the category or project type. The forms must include new text end 83.21 new text begin specific questions that focus on key environmental issues for the category or project type. new text end 83.22 new text begin In assessing categories and project types and developing forms, the board shall seek new text end 83.23 new text begin the input of governmental units that are frequently responsible for the preparation of a new text end 83.24 new text begin worksheet for the particular category or project type. The commissioners and the board new text end 83.25 new text begin shall also seek input from the general public on the development of customized forms. new text end 83.26 new text begin The commissioners and board shall make the customized forms available online. new text end 83.27 new text begin (b) The commissioners of natural resources and the Pollution Control Agency shall new text end 83.28 new text begin allow for the electronic submission of environmental assessment worksheets and permits. new text end 83.29    Sec. 67. Minnesota Statutes 2008, section 290.431, is amended to read: 83.30290.431 NONGAME WILDLIFE CHECKOFF. 83.31Every individual who files an income tax return or property tax refund claim form 83.32may designate on their original return that $1 or more shall be added to the tax or deducted 83.33from the refund that would otherwise be payable by or to that individual and paid into an 83.34account to be established for the management of nongame wildlife. The commissioner 84.1of revenue shall, on the income tax return and the property tax refund claim form, notify 84.2filers of their right to designate that a portion of their tax or refund shall be paid into 84.3the nongame wildlife management account. The sum of the amounts so designated to 84.4be paid shall be credited to the nongame wildlife management account for use by the 84.5nongame program of the section of wildlife in the Department of Natural Resources. All 84.6interest earned on money accrued, gifts to the program, contributions to the program, and 84.7reimbursements of expenditures in the nongame wildlife management account shall be 84.8credited to the account by the commissioner of management and budget, except that 84.9gifts or contributions received directly by the commissioner of natural resources and 84.10directed by the contributor for use in specific nongame field projects or geographic 84.11areas shall be handled according to section 84.085, subdivision 1. The commissioner 84.12of natural resources shall submit a work program for each fiscal year and semiannual 84.13progress reports to the Legislative-Citizen Commission on Minnesota Resources in the 84.14form determined by the commission. None of the money provided in this section may be 84.15expended unless the commission has approved the work program. 84.16The state pledges and agrees with all contributors to the nongame wildlife 84.17management account to use the funds contributed solely for the management of nongame 84.18wildlife projects and further agrees that it will not impose additional conditions or 84.19restrictions that will limit or otherwise restrict the ability of the commissioner of natural 84.20resources to use the available funds for the most efficient and effective management of 84.21nongame wildlife. new text begin The commissioner may use funds appropriated for nongame wildlife new text end 84.22 new text begin programs for the purpose of developing, preserving, restoring, and maintaining wintering new text end 84.23 new text begin habitat for neotropical migrant birds in Latin America and the Caribbean under agreement new text end 84.24 new text begin or contract with any nonprofit organization dedicated to the construction, maintenance, and new text end 84.25 new text begin repair of such projects that are acceptable to the governmental agency having jurisdiction new text end 84.26 new text begin over the land and water affected by the projects. Under this authority, the commissioner new text end 84.27 new text begin may execute agreements and contracts if the commissioner determines that the use of the new text end 84.28 new text begin funds will benefit neotropical migrant birds that breed in or migrate through the state. new text end 84.29    Sec. 68. Minnesota Statutes 2008, section 290.432, is amended to read: 84.30290.432 CORPORATE NONGAME WILDLIFE CHECKOFF. 84.31A corporation that files an income tax return may designate on its original return that 84.32$1 or more shall be added to the tax or deducted from the refund that would otherwise be 84.33payable by or to that corporation and paid into the nongame wildlife management account 84.34established by section 290.431 for use by the section of wildlife in the Department of 84.35Natural Resources for its nongame wildlife program. The commissioner of revenue shall, 85.1on the corporate tax return, notify filers of their right to designate that a portion of their 85.2tax return be paid into the nongame wildlife management account for the protection of 85.3endangered natural resources. All interest earned on money accrued, gifts to the program, 85.4contributions to the program, and reimbursements of expenditures in the nongame wildlife 85.5management account shall be credited to the account by the commissioner of management 85.6and budget, except that gifts or contributions received directly by the commissioner of 85.7natural resources and directed by the contributor for use in specific nongame field projects 85.8or geographic areas shall be handled according to section 84.085, subdivision 1. The 85.9commissioner of natural resources shall submit a work program for each fiscal year to 85.10the Legislative-Citizen Commission on Minnesota Resources in the form determined by 85.11the commission. None of the money provided in this section may be spent unless the 85.12commission has approved the work program. 85.13The state pledges and agrees with all corporate contributors to the nongame wildlife 85.14account to use the funds contributed solely for the nongame wildlife program and further 85.15agrees that it will not impose additional conditions or restrictions that will limit or 85.16otherwise restrict the ability of the commissioner of natural resources to use the available 85.17funds for the most efficient and effective management of those programs. 85.18    Sec. 69. Laws 2010, chapter 215, article 3, section 4, subdivision 10, is amended to 85.19read: 85.20 Subd. 10.Transfers In85.21(a) By June 30, 2010, the commissioner of 85.22management and budget shall transfer any 85.23remaining balance, estimated to be $98,000, 85.24from the stream protection and improvement 85.25fund under Minnesota Statutes, section 85.26103G.705 , to the general fund. Beginning 85.27in fiscal year 2011, all repayment of loans 85.28made and administrative fees assessed under 85.29Minnesota Statutes, section 103G.705, 85.30estimated to be $195,000 in 2011, must be 85.31transferred to the general fund. 85.32(b) The balance of surcharges on criminal and 85.33traffic offenders, estimated to be $900,000, 85.34and credited to the game and fish fund 86.1under Minnesota Statutes, section 357.021, 86.2subdivision 7 , and collected before June 30, 86.32010, must be transferred to the general fund. 86.4(c) The appropriation in new text begin Laws 2007, First new text end 86.5 new text begin Special Session chapter 2, article 1, section new text end 86.6 new text begin 8, transferred to the appropriation in new text end Laws 86.72007, First Special Session chapter 2, article 86.81, section 5, for cost-share flood programs 86.9in southeastern Minnesota new text begin , new text end is reduced by 86.10$335,000 and that amount is canceled to the 86.11general fund. 86.12(d) Before June 30, 2011, the commissioner 86.13of management and budget shall transfer 86.14$1,000,000 from the fleet management 86.15account in the special revenue fund 86.16established under Minnesota Statutes, section 86.1784.0856 , to the general fund. 86.18    Sec. 70. new text begin SCHOOL TRUST LANDS STUDY. new text end 86.19 new text begin (a) By July 15, 2010, the commissioner of natural resources shall provide to new text end 86.20 new text begin the chairs of the house of representatives and the senate committees and divisions new text end 86.21 new text begin with primary jurisdiction over natural resources finance and education finance and the new text end 86.22 new text begin Permanent School Fund Advisory Committee information necessary to evaluate the new text end 86.23 new text begin effectiveness of the commissioner in managing school trust lands to successfully meet the new text end 86.24 new text begin goals contained in Minnesota Statutes, section 127A.31. The information to be provided new text end 86.25 new text begin shall include, but is not limited to: new text end 86.26 new text begin (1) an accurate description of the school trust lands and their land classification; new text end 86.27 new text begin (2) policies and procedures in place designed to meet the requirements of the new text end 86.28 new text begin fiduciary responsibility of the commissioner in management of the school trust lands; and new text end 86.29 new text begin (3) financial information identifying the current revenues from the land new text end 86.30 new text begin classifications and the potential for future maximization of those revenues. new text end 86.31 new text begin (b) By January 15, 2011, the commissioner of natural resources shall provide an new text end 86.32 new text begin analysis to the chairs of the house of representatives and senate committees and divisions new text end 86.33 new text begin with primary jurisdiction over natural resources finance and education finance and the new text end 86.34 new text begin Permanent School Fund Advisory Committee on the advantages and disadvantages of new text end 87.1 new text begin having a funding mechanism for compensating the permanent school fund for private and new text end 87.2 new text begin public use of school trust lands. new text end 87.3    Sec. 71. new text begin COON RAPIDS DAM COMMISSION. new text end 87.4     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin (a) The Coon Rapids Dam Commission is new text end 87.5 new text begin established to perform the duties specified in subdivision 2. new text end 87.6 new text begin (b) The commission consists of 15 voting members and three nonvoting members new text end 87.7 new text begin as follows: new text end 87.8 new text begin (1) two members of the house of representatives, appointed by the speaker of the new text end 87.9 new text begin house, with one member from the minority caucus; new text end 87.10 new text begin (2) two members of the senate appointed by the Subcommittee on Committees of the new text end 87.11 new text begin Committee on Rules and Administration, with one member from the minority caucus; new text end 87.12 new text begin (3) the commissioner of natural resources or the commissioner's designee; new text end 87.13 new text begin (4) the commissioner of energy or the commissioner's designee; new text end 87.14 new text begin (5) two representatives of Three Rivers Park District, appointed by the Three Rivers new text end 87.15 new text begin Park District Board of Commissioners; new text end 87.16 new text begin (6) one representative each from the counties of Anoka and Hennepin, appointed new text end 87.17 new text begin by the respective county boards; new text end 87.18 new text begin (7) one representative each from the cities of Anoka, Brooklyn Park, Champlin, and new text end 87.19 new text begin Coon Rapids, appointed by the respective mayors; new text end 87.20 new text begin (8) one representative from the Metropolitan Council, appointed by the council chair; new text end 87.21 new text begin (9) one representative of the Mississippi National River and Recreation Area, new text end 87.22 new text begin appointed by the superintendent of the Mississippi National River and Recreation Area, new text end 87.23 new text begin who shall serve as a nonvoting member; new text end 87.24 new text begin (10) one representative of the United States Army Corps of Engineers, appointed new text end 87.25 new text begin by the commander of the St. Paul District, United States Army Corps of Engineers, who new text end 87.26 new text begin shall serve as a nonvoting member; and new text end 87.27 new text begin (11) one representative from the United States Fish and Wildlife Service, appointed new text end 87.28 new text begin by the regional director of the United States Fish and Wildlife Service, who shall serve new text end 87.29 new text begin as a nonvoting member. new text end 87.30 new text begin (c) The commission shall elect a chair from among its members. new text end 87.31 new text begin (d) Members of the commission shall serve a term of one year and may be new text end 87.32 new text begin reappointed for any successive number of terms. new text end 87.33 new text begin (e) The Three Rivers Park District shall provide the commission with office space new text end 87.34 new text begin and staff and administrative services. new text end 87.35 new text begin (f) Commission members shall serve without compensation. new text end 88.1     new text begin Subd. 2. new text end new text begin Duties. new text end new text begin The commission shall study options and make recommendations new text end 88.2 new text begin for the future of the Coon Rapids Dam, including its suitable public uses, governance, new text end 88.3 new text begin operation, and maintenance and financing of the dam and its operations. The commission new text end 88.4 new text begin shall consider economic, environmental, ecological, and other pertinent factors. The new text end 88.5 new text begin commission shall, by March 1, 2011, develop and present to the legislature and the new text end 88.6 new text begin governor an analysis and recommendations for the Coon Rapids Dam. The commission new text end 88.7 new text begin shall present its findings to the house of representatives and senate committees and new text end 88.8 new text begin divisions having jurisdiction over natural resources and energy policy. new text end 88.9     new text begin Subd. 3. new text end new text begin Expiration. new text end new text begin This section expires upon presentation of the commission's new text end 88.10 new text begin analysis and recommendations according to subdivision 2. new text end 88.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 88.12    Sec. 72. new text begin SOLID WASTE FACILITY FINANCIAL ASSURANCE new text end 88.13 new text begin MECHANISMS; INPUT. new text end 88.14 new text begin Within six months after the effective date of this section, and before publishing new text end 88.15 new text begin the rules required for groundwater sensitivity and financial assurance in Minnesota new text end 88.16 new text begin Statutes, section 116.07, subdivision 4, the Pollution Control Agency shall consult with new text end 88.17 new text begin experts and interested persons on financial assurance adequacy for solid waste facilities, new text end 88.18 new text begin including, but not limited to, staff from the Department of Natural Resources, Minnesota new text end 88.19 new text begin Management and Budget, local governments, private and public landfill operators, and new text end 88.20 new text begin environmental groups. The commissioner shall seek the input to determine the adequacy new text end 88.21 new text begin of existing financial assurance rules to address environmental risks, the length of time new text end 88.22 new text begin financial assurance is needed, based on the threat to human health and the environment, new text end 88.23 new text begin the reliability of financial assurance in covering risks from land disposal of waste in new text end 88.24 new text begin Minnesota and other states, and the role of private insurance. new text end 88.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 88.26    Sec. 73. new text begin SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE new text end 88.27 new text begin ADOPTION DELAY. new text end 88.28 new text begin (a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may new text end 88.29 new text begin adopt an ordinance by February 4, 2012, to comply with the February 4, 2008, revisions new text end 88.30 new text begin to subsurface sewage treatment system rules. By April 4, 2011, the Pollution Control new text end 88.31 new text begin Agency shall adopt the final rule amendments to the February 4, 2008, subsurface sewage new text end 88.32 new text begin treatment system rules. A county must continue to enforce its current ordinance until a new text end 88.33 new text begin new one has been adopted. new text end 89.1 new text begin (b) By January 15, 2011, the agency, after consultation with the Board of Water and new text end 89.2 new text begin Soil Resources and the Association of Minnesota Counties, shall report to the chairs and new text end 89.3 new text begin ranking minority members of the senate and house of representatives environment and new text end 89.4 new text begin natural resources policy and finance committees and divisions on: new text end 89.5 new text begin (1) the technical changes in the rules for subsurface sewage treatment systems new text end 89.6 new text begin that were adopted on February 4, 2008; new text end 89.7 new text begin (2) the progress in local adoption of ordinances to comply with the rules; and new text end 89.8 new text begin (3) the progress in protecting the state's water resources from pollution due to new text end 89.9 new text begin subsurface sewage treatment systems. new text end 89.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 89.11    Sec. 74. new text begin DEPARTMENT OF NATURAL RESOURCES LONG-RANGE new text end 89.12 new text begin BUDGET ANALYSIS. new text end 89.13 new text begin (a) The commissioner of natural resources, in consultation with the commissioner new text end 89.14 new text begin of management and budget, shall estimate the total amount of funding available from all new text end 89.15 new text begin sources for each of the following land management categories: wildlife management new text end 89.16 new text begin areas; state forests; scientific and natural areas; aquatic management areas; public water new text end 89.17 new text begin access sites; and prairie bank easements. The commissioner of natural resources shall new text end 89.18 new text begin prepare a ten-year budget analysis of the department's ongoing land management needs, new text end 89.19 new text begin including restoration of each parcel needing restoration. The analysis shall include: new text end 89.20 new text begin (1) an analysis of the needs of wildlife management areas, including identification of new text end 89.21 new text begin internal systemwide guidelines on the proper frequency for activities such as controlled new text end 89.22 new text begin burns, tree and woody biomass removal, and brushland management; new text end 89.23 new text begin (2) an analysis of state forest needs, including identification of internal systemwide new text end 89.24 new text begin guidelines on the proper frequency for forest management activities; new text end 89.25 new text begin (3) an analysis of scientific and natural area needs, including identification of new text end 89.26 new text begin internal systemwide guidelines on the proper frequency for management activities; new text end 89.27 new text begin (4) an analysis of aquatic management area needs, including identification of internal new text end 89.28 new text begin systemwide guidelines on the proper frequency for management activities; and new text end 89.29 new text begin (5) an analysis of the needs of the state's public water access sites, including new text end 89.30 new text begin identification of internal systemwide guidelines on the proper frequency for management new text end 89.31 new text begin activities. new text end 89.32 new text begin (b) The commissioner shall compare the estimate of the total amount of funding new text end 89.33 new text begin available to the department's ongoing management needs to determine: new text end 90.1 new text begin (1) the amount necessary to manage, restore, and maintain existing wildlife new text end 90.2 new text begin management areas, state forests, scientific and natural areas, aquatic management areas, new text end 90.3 new text begin public water access sites, and prairie bank easements; and new text end 90.4 new text begin (2) the amount necessary to expand upon the existing wildlife management areas, new text end 90.5 new text begin state forests, scientific and natural areas, aquatic management areas, public water access new text end 90.6 new text begin sites, and prairie bank easement programs, including the feasibility of the department's new text end 90.7 new text begin existing long-range plans, if applicable, for each program. new text end 90.8 new text begin (c) The commissioner of natural resources shall submit the analysis to the chairs of new text end 90.9 new text begin the house of representatives and senate committees with jurisdiction over environment new text end 90.10 new text begin and natural resources finance and cultural and outdoor resources finance by November new text end 90.11 new text begin 15, 2010. new text end 90.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 90.13    Sec. 75. new text begin WIND ENERGY SYSTEMS ON STATE-OWNED LANDS; REPORT. new text end 90.14 new text begin By February 15, 2011, the commissioner of natural resources shall report to the new text end 90.15 new text begin senate and house of representatives environment and natural resource policy and finance new text end 90.16 new text begin committees and divisions on the use of state-owned lands for wind energy systems. The new text end 90.17 new text begin report shall include: new text end 90.18 new text begin (1) information on the benefits and costs of using state-owned lands for wind energy new text end 90.19 new text begin systems; new text end 90.20 new text begin (2) the effects of wind energy systems on state-owned lands; new text end 90.21 new text begin (3) recommendations for a regulatory system and restrictions that will be necessary new text end 90.22 new text begin to protect the state's land and water resources when using state-owned lands for wind new text end 90.23 new text begin energy systems; and new text end 90.24 new text begin (4) identification of state-owned lands that would be suitable for wind energy new text end 90.25 new text begin systems and state-owned lands that would be unsuitable, including recommendations for new text end 90.26 new text begin restrictions on the use of state-owned lands based on their designation as units of the new text end 90.27 new text begin outdoor recreation system under Minnesota Statutes, section 86A.05. new text end 90.28    Sec. 76. new text begin APPROPRIATION; DEPARTMENT OF NATURAL RESOURCES new text end 90.29 new text begin PEACE OFFICER TRAINING. new text end 90.30 new text begin (a) $145,000 in fiscal year 2011 is appropriated from the game and fish fund to new text end 90.31 new text begin the commissioner of natural resources for peace officer training for employees of the new text end 90.32 new text begin Department of Natural Resources who are licensed under Minnesota Statutes, sections new text end 90.33 new text begin 626.84 to 626.863, to enforce game and fish laws. This appropriation is from the money new text end 90.34 new text begin credited to the game and fish fund under Minnesota Statutes, section 357.021, subdivision new text end 91.1 new text begin 7, paragraph (a), clause (1), from surcharges assessed to criminal and traffic offenders. new text end 91.2 new text begin This is a onetime appropriation. new text end 91.3 new text begin (b) By January 15, 2011, the commissioner of natural resources shall submit a report new text end 91.4 new text begin to the chairs of the committees and divisions with jurisdiction over natural resources and new text end 91.5 new text begin public safety on the expenditure of these funds, including the effectiveness of the activities new text end 91.6 new text begin funded in improving the enforcement of game and fish laws and the resulting outcomes new text end 91.7 new text begin for the state's natural resources. new text end 91.8    Sec. 77. new text begin APPROPRIATION; STATE WATER TRAILS. new text end 91.9 new text begin $60,000 is appropriated in fiscal year 2011 from the water recreation account in the new text end 91.10 new text begin natural resources fund to the commissioner of natural resources to cooperate with local new text end 91.11 new text begin units of government in marking state water trails under Minnesota Statutes, section 85.32; new text end 91.12 new text begin acquiring and developing river accesses and campsites; and removing obstructions that new text end 91.13 new text begin may cause public safety hazards. This is a onetime appropriation and available until spent. new text end 91.14    Sec. 78. new text begin APPROPRIATION; MOOSE TRAIL. new text end 91.15 new text begin $100,000 in fiscal year 2011 is appropriated to the commissioner of natural resources new text end 91.16 new text begin from the all-terrain vehicle account in the natural resources fund for a grant to the city of new text end 91.17 new text begin Hoyt Lakes to convert the Moose Trail snowmobile trail to a dual usage trail, so that it new text end 91.18 new text begin may also be used as an off-highway vehicle trail connecting the city of Biwabik to the new text end 91.19 new text begin Iron Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation and new text end 91.20 new text begin is available until spent. new text end 91.21    Sec. 79. new text begin APPROPRIATION; ECOLOGICAL CLASSIFICATION PROGRAM. new text end 91.22 new text begin $250,000 in fiscal year 2011 is appropriated from the heritage enhancement account new text end 91.23 new text begin in the game and fish fund to the commissioner of natural resources to maintain and expand new text end 91.24 new text begin the ecological classification program on state forest lands. This is a onetime appropriation. new text end 91.25    Sec. 80. new text begin PARKS AND TRAILS APPROPRIATION; LOTTERY-IN-LIEU new text end 91.26 new text begin REVENUE. new text end 91.27 new text begin $300,000 in fiscal year 2011 is appropriated from the natural resources fund to new text end 91.28 new text begin the commissioner of natural resources for state park, state recreation area, and state new text end 91.29 new text begin trail operations. This is from the revenue deposited in the natural resources fund under new text end 91.30 new text begin Minnesota Statutes, section 297A.94, paragraph (e), clause (2). new text end 91.31 new text begin $300,000 in fiscal year 2011 is appropriated from the natural resources fund to new text end 91.32 new text begin the Metropolitan Council for metropolitan area regional parks and trails maintenance new text end 92.1 new text begin and operations. This is from the revenue deposited in the natural resources fund under new text end 92.2 new text begin Minnesota Statutes, section 297A.94, paragraph (e), clause (3). new text end 92.3    Sec. 81. new text begin REFUSE MANAGEMENT PILOT PROJECT; CANNON RIVER. new text end 92.4 new text begin The commissioner of natural resources shall establish a two-year pilot project on the new text end 92.5 new text begin Cannon River under a written agreement between the establishment and the commissioner new text end 92.6 new text begin of natural resources that allows canoe and inner tube rental establishments to take new text end 92.7 new text begin responsibility for the management of their patrons' refuse on the river, including allowing new text end 92.8 new text begin canoe and inner tube establishments to provide disposable refuse containers to each group. new text end 92.9    Sec. 82. new text begin REVISOR'S INSTRUCTION. new text end 92.10 new text begin (a) The revisor of statutes shall change the term "horse trail pass" to "horse pass" new text end 92.11 new text begin wherever it appears in Minnesota Statutes and Minnesota Rules. new text end 92.12 new text begin (b) The revisor of statutes shall change the term "canoe and boating routes" or new text end 92.13 new text begin similar term to "state water trails" or similar term wherever it appears in Minnesota new text end 92.14 new text begin Statutes and Minnesota Rules. new text end 92.15 new text begin (c) The revisor of statutes shall change the term "Minnesota Conservation Corps" to new text end 92.16 new text begin "Conservation Corps Minnesota" wherever it appears in Minnesota Statutes. new text end 92.17    Sec. 83. new text begin REPEALER. new text end 92.18 new text begin (a) new text end new text begin Minnesota Statutes 2008, sections 90.172; 97B.665, subdivision 1; 103G.295; new text end 92.19 new text begin and 103G.650, new text end new text begin are repealed. new text end 92.20 new text begin (b) Minnesota Statutes 2009 Supplement, section 88.795, new text end new text begin is repealed. new text end 92.21ARTICLE 5 92.22ENERGY 92.23    Section 1. Minnesota Statutes 2008, section 3.8851, subdivision 7, is amended to read: 92.24    Subd. 7. Assessment; appropriation. (a) Upon request by the cochairs of the 92.25commission, the commissioner of commerce shall assess the amount requested for the 92.26operation of the commission, not to exceed $250,000 in a fiscal year, from the following 92.27sources: 92.28    (1) new text begin 50 percent of the assessment must come from new text end all public utilities, municipal 92.29utilities, electric cooperative associations, generation and transmission cooperative electric 92.30associations, and municipal power agencies providing electric or natural gas services 92.31in Minnesota; and 93.1    (2) new text begin 50 percent of the assessment must come from new text end all bulk terminals located in this 93.2state from which petroleum products and liquid petroleum gas are dispensed for sale in 93.3this state. 93.4    (b) The commissioner of commerce shall apportion the assessment amount requested 93.5among the entities in paragraph (a), clauses new text begin clause new text end (1) and (2), in proportion to their 93.6respective gross operating revenues from energy sold within the state during the most 93.7recent calendar year, while ensuring that wholesale and retail sales are not double counted. 93.8 new text begin (c) The commissioner of commerce shall apportion the assessment amount requested new text end 93.9 new text begin equally among the referenced entities in paragraph (a), clause (2). new text end 93.10    (c) new text begin (d) new text end The entities in paragraph (a), clauses new text begin clause new text end (1) and (2), must provide 93.11information to the commissioner of commerce to allow for calculation of the assessment. 93.12    (d) new text begin (e) new text end The assessments under this subdivision are in addition to assessments made 93.13under section 216B.62. The amount assessed under this section is new text begin must be deposited in new text end 93.14 new text begin the legislative energy commission account in the special revenue fund. Funds in the new text end 93.15 new text begin legislative energy commission account are new text end appropriated to the director of the Legislative 93.16Coordinating Commission for the purposes of this section, and is new text begin are new text end available until 93.17expended. Utilities selling gas and electric service at retail must be assessed and billed 93.18in accordance with the procedures provided in section 216B.62, to the extent that these 93.19procedures do not conflict with this subdivision. 93.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 93.21    Sec. 2. Minnesota Statutes 2008, section 116C.779, subdivision 1, is amended to read: 93.22    Subdivision 1. Renewable development account. (a) The public utility that owns 93.23the Prairie Island nuclear generating plant must transfer to a renewable development 93.24account $16,000,000 annually new text begin $500,000 each year for each dry cask containing spent fuel new text end 93.25 new text begin that is located at the Prairie Island power plant for new text end each year the plant is in operation, and 93.26$7,500,000 each year the plant is not in operation if ordered by the commission pursuant 93.27to paragraph (d). The fund transfer must be made if nuclear waste is stored in a dry cask at 93.28the independent spent-fuel storage facility at Prairie Island for any part of a year. Funds 93.29in the account may be expended only for development of renewable energy sources. 93.30Preference must be given to development of renewable energy source projects located 93.31within the state. The utility that owns a nuclear generating plant is eligible to apply for 93.32renewable development fund grants. The utility's proposals must be evaluated by the 93.33renewable development fund board in a manner consistent with that used to evaluate other 93.34renewable development fund project proposals. 94.1    (b) The public utility that owns the Monticello nuclear generating plant must transfer 94.2to the renewable development account $350,000 each year for each dry cask containing 94.3spent fuel that is located at the Monticello nuclear power plant for each year the plant is 94.4in operation, and $5,250,000 each year the plant is not in operation if ordered by the 94.5commission pursuant to paragraph (d). The fund transfer must be made if nuclear waste 94.6is stored in a dry cask at the independent spent-fuel storage facility at Monticello for 94.7any part of a year. 94.8     (c) Expenditures from the account may only be made after approval by order of the 94.9Public Utilities Commission upon a petition by the public utility. 94.10     (d) After discontinuation of operation of the Prairie Island nuclear plant or the 94.11Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the 94.12discontinued facility, the commission shall require the public utility to pay $7,500,000 for 94.13the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello 94.14facility for any year in which the commission finds, by the preponderance of the evidence, 94.15that the public utility did not make a good faith effort to remove the spent nuclear 94.16fuel stored at the facility to a permanent or interim storage site out of the state. This 94.17determination shall be made at least every two years. 94.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective when 32 dry casks containing spent new text end 94.19 new text begin fuel are located at the Prairie Island nuclear plant. new text end 94.20    Sec. 3. new text begin [116C.7791] REBATES FOR SOLAR PHOTOVOLTAIC MODULES. new text end 94.21     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purpose of this section, the following terms new text end 94.22 new text begin have the meanings given. new text end 94.23 new text begin (a) "Installation" means an array of solar photovoltaic modules attached to a building new text end 94.24 new text begin that will use the electricity generated by the solar photovoltaic modules or placed on a new text end 94.25 new text begin facility or property proximate to that building. new text end 94.26 new text begin (b) "Manufactured" means: new text end 94.27 new text begin (1) the material production of solar photovoltaic modules, including the tabbing, new text end 94.28 new text begin stringing, and lamination processes; or new text end 94.29 new text begin (2) the production of interconnections of low-voltage photoactive elements that new text end 94.30 new text begin produce the final useful photovoltaic output by a manufacturer operating in this state on new text end 94.31 new text begin the effective date of this section. new text end 94.32 new text begin (c) "Qualified owner" means an owner of a qualified property, but does not include new text end 94.33 new text begin an entity engaged in the business of generating or selling electricity at retail, or an new text end 94.34 new text begin unregulated subsidiary of such an entity. new text end 95.1 new text begin (d) "Qualified property" means a residence, multifamily residence, business, or new text end 95.2 new text begin publicly owned building located in the assigned service area of the utility subject to new text end 95.3 new text begin section 116C.779. new text end 95.4 new text begin (e) "Solar photovoltaic module" means the smallest, nondivisible, self-contained new text end 95.5 new text begin physical structure housing interconnected photovoltaic cells and providing a single direct new text end 95.6 new text begin current of electrical output. new text end 95.7     new text begin Subd. 2. new text end new text begin Establishment. new text end new text begin The utility subject to section 116C.779 shall establish new text end 95.8 new text begin a program to provide rebates to an owner of a qualified property for installing solar new text end 95.9 new text begin photovoltaic modules manufactured in Minnesota after December 31, 2009. Any solar new text end 95.10 new text begin photovoltaic modules installed under this program and any expenses incurred by the new text end 95.11 new text begin utility operating the program shall be treated the same as solar installations and related new text end 95.12 new text begin expenses under section 216B.241. new text end 95.13     new text begin Subd. 3. new text end new text begin Rebate eligibility. new text end new text begin (a) To be eligible for a rebate under this section, a new text end 95.14 new text begin solar photovoltaic module: new text end 95.15 new text begin (1) must be manufactured in Minnesota; new text end 95.16 new text begin (2) must be installed on a qualified property as part of a system whose generating new text end 95.17 new text begin capacity does not exceed 40 kilowatts; new text end 95.18 new text begin (3) must be certified by Underwriters Laboratory, must have received the ETL new text end 95.19 new text begin listed mark from Intertek, or must have an equivalent certification from an independent new text end 95.20 new text begin testing agency; new text end 95.21 new text begin (4) may or may not be connected to a utility grid; new text end 95.22 new text begin (5) must be installed, or reviewed and approved, by a person certified as a solar new text end 95.23 new text begin photovoltaic installer by the North American Board of Certified Energy Practitioners; and new text end 95.24 new text begin (6) may not be used to sell, transmit, or distribute the electrical energy at retail, new text end 95.25 new text begin nor to provide end-use electricity to an offsite facility of the electrical energy generator. new text end 95.26 new text begin On-site generation is allowed to the extent provided for in section 216B.1611. new text end 95.27 new text begin (b) To be eligible for a rebate under this section, an applicant must have applied for new text end 95.28 new text begin and been awarded a rebate or other form of financial assistance available exclusively to new text end 95.29 new text begin owners of properties on which solar photovoltaic modules are installed that is offered by: new text end 95.30 new text begin (1) the utility serving the property on which the solar photovoltaic modules are to new text end 95.31 new text begin be installed; or new text end 95.32 new text begin (2) this state, under an authority other than this section. new text end 95.33 new text begin (c) An applicant who is otherwise ineligible for a rebate under paragraph (b) is new text end 95.34 new text begin eligible if the applicant's failure to secure a rebate or other form of financial assistance is new text end 95.35 new text begin due solely to a lack of available funds on the part of a utility or this state. new text end 96.1     new text begin Subd. 4. new text end new text begin Rebate amount and payment. new text end new text begin (a) The amount of a rebate under this new text end 96.2 new text begin section is the difference between the sum of all rebates described in subdivision 3, new text end 96.3 new text begin paragraph (b), awarded to the applicant and $5 per watt of installed generating capacity. new text end 96.4 new text begin (b) Notwithstanding paragraph (a), the amount of all rebates or other forms of new text end 96.5 new text begin financial assistance awarded to an applicant by a utility and the state, including any rebate new text end 96.6 new text begin paid under this section, net of applicable federal income taxes applied at the highest new text end 96.7 new text begin applicable income tax rates, must not exceed 60 percent of the total installed cost of new text end 96.8 new text begin the solar photovoltaic modules. new text end 96.9 new text begin (c) Rebates must be awarded to eligible applicants beginning July 1, 2010. new text end 96.10 new text begin (d) The rebate must be paid out proportionately in five consecutive annual new text end 96.11 new text begin installments. new text end 96.12     new text begin Subd. 5. new text end new text begin Rebate program funding. new text end new text begin (a) The following amounts must be allocated new text end 96.13 new text begin from the renewable development account established in section 116C.779 to a separate new text end 96.14 new text begin account for the purpose of providing the rebates for solar photovoltaic modules specified new text end 96.15 new text begin in this section: new text end 96.16 new text begin (1) $2,000,000 in fiscal year 2011; new text end 96.17 new text begin (2) $4,000,000 in fiscal year 2012; new text end 96.18 new text begin (3) $5,000,000 in fiscal year 2013; new text end 96.19 new text begin (4) $5,000,000 in fiscal year 2014; and new text end 96.20 new text begin (5) $5,000,000 in fiscal year 2015. new text end 96.21 new text begin (b) If, by the end of fiscal year 2015, insufficient qualified owners have applied for new text end 96.22 new text begin and met the requirements for rebates under this section to exhaust the funds available, any new text end 96.23 new text begin remaining balance shall be returned to the account established under section 116C.779. new text end 96.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 96.25    Sec. 4. Minnesota Statutes 2008, section 116J.437, subdivision 1, is amended to read: 96.26    Subdivision 1. Definitions. new text begin (a) new text end For the purpose of this section, new text begin the following terms new text end 96.27 new text begin have the meanings given. new text end 96.28 new text begin (b) new text end "Green economy" means products, processes, methods, technologies, or services 96.29intended to do one or more of the following: 96.30    (1) increase the use of energy from renewable sources, including through achieving 96.31the renewable energy standard established in section 216B.1691; 96.32    (2) achieve the statewide energy-savings goal established in section 216B.2401, 96.33including energy savings achieved by the conservation investment program under section 96.34216B.241 ; 97.1    (3) achieve the greenhouse gas emission reduction goals of section 216H.02, 97.2subdivision 1, including through reduction of greenhouse gas emissions, as defined in 97.3section 216H.01, subdivision 2, or mitigation of the greenhouse gas emissions through, 97.4but not limited to, carbon capture, storage, or sequestration; 97.5    (4) monitor, protect, restore, and preserve the quality of surface waters, including 97.6actions to further the purposes of the Clean Water Legacy Act as provided in section 97.7114D.10, subdivision 1 ; or 97.8    (5) expand the use of biofuels, including by expanding the feasibility or reducing the 97.9cost of producing biofuels or the types of equipment, machinery, and vehicles that can 97.10use biofuels, including activities to achieve the biofuels 25 by 2025 initiative in sections 97.1141A.10, subdivision 2 , and 41A.11 new text begin ; or new text end 97.12 new text begin (6) increase the use of green chemistry, as defined in section 116.9401 new text end . 97.13For the purpose of clause (3), "green economy" includes strategies that reduce carbon 97.14emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass 97.15transit or otherwise reducing commuting for employees. 97.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 97.17    Sec. 5. Minnesota Statutes 2008, section 216B.16, subdivision 14, is amended to read: 97.18    Subd. 14. Low-income electric rate discount. A public utility shall fund an 97.19affordability program for low-income customers in an amount based on a 50 percent 97.20electric rate discount on the first 300 new text begin 400 new text end kilowatt-hours consumed in a billing period for 97.21low-income residential customers of the utility. For the purposes of this subdivision, 97.22"low-income" describes a customer who is receiving assistance from the federal 97.23low-income home energy assistance program. The affordability program must be designed 97.24to target participating customers with the lowest incomes and highest energy costs in order 97.25to lower the percentage of income they devote to energy bills, increase their payments, 97.26and lower costs associated with collection activities on their accounts. For low-income 97.27customers who are 62 years of age or older or disabled, the program must, in addition to 97.28any other program benefits, include a 50 percent electric rate discount on the first 300 new text begin 400 new text end 97.29kilowatt-hours consumed in a billing period. For the purposes of this subdivision, "public 97.30utility" includes only those public utilities with more than 200,000 residential electric 97.31service customers. The commission may issue orders necessary to implement, administer, 97.32and recover the costs of the program on a timely basis. 97.33    Sec. 6. Minnesota Statutes 2008, section 216B.16, subdivision 15, is amended to read: 98.1    Subd. 15. Low-income affordability programs. (a) The commission must 98.2consider ability to pay as a factor in setting utility rates and may establish affordability 98.3programs for low-income residential ratepayers in order to ensure affordable, reliable, 98.4and continuous service to low-income utility customers. new text begin Affordability programs may new text end 98.5 new text begin include inverted block rates in which lower energy prices are made available to lower new text end 98.6 new text begin usage customers. new text end By September 1, 2007, a public utility serving low-income residential 98.7ratepayers who use natural gas for heating must file an affordability program with the 98.8commission. For purposes of this subdivision, "low-income residential ratepayers" means 98.9ratepayers who receive energy assistance from the low-income home energy assistance 98.10program (LIHEAP). 98.11    (b) Any affordability program the commission orders a utility to implement must: 98.12    (1) lower the percentage of income that participating low-income households devote 98.13to energy bills; 98.14    (2) increase participating customer payments over time by increasing the frequency 98.15of payments; 98.16    (3) decrease or eliminate participating customer arrears; 98.17    (4) lower the utility costs associated with customer account collection activities; and 98.18    (5) coordinate the program with other available low-income bill payment assistance 98.19and conservation resources. 98.20    (c) In ordering affordability programs, the commission may require public utilities to 98.21file program evaluations that measure the effect of the affordability program on: 98.22    (1) the percentage of income that participating households devote to energy bills; 98.23    (2) service disconnections; and 98.24    (3) frequency of customer payments, utility collection costs, arrearages, and bad 98.25debt. 98.26    (d) The commission must issue orders necessary to implement, administer, and 98.27evaluate affordability programs, and to allow a utility to recover program costs, including 98.28administrative costs, on a timely basis. The commission may not allow a utility to recover 98.29administrative costs, excluding start-up costs, in excess of five percent of total program 98.30costs, or program evaluation costs in excess of two percent of total program costs. The 98.31commission must permit deferred accounting, with carrying costs, for recovery of program 98.32costs incurred during the period between general rate cases. 98.33    (e) Public utilities may use information collected or created for the purpose of 98.34administering energy assistance to administer affordability programs. 99.1    Sec. 7. new text begin [216B.1695] ENVIRONMENTAL PROJECTS; ADVANCE new text end 99.2 new text begin DETERMINATION OF PRUDENCE. new text end 99.3     new text begin Subdivision 1. new text end new text begin Qualifying project. new text end new text begin A public utility may petition the commission for new text end 99.4 new text begin an advance determination of prudence for a project undertaken to comply with federal new text end 99.5 new text begin or state air quality standards of states in which the utility's electric generation facilities new text end 99.6 new text begin are located, if the project has an expected jurisdictional cost to Minnesota ratepayers of new text end 99.7 new text begin at least $10,000,000. A project is undertaken to comply with federal or state air quality new text end 99.8 new text begin standards if it is required: new text end 99.9 new text begin (1) by the state in which the generation facility is located in a state implementation new text end 99.10 new text begin plan, permit, or order; or new text end 99.11 new text begin (2) to comply with section 111 or 112 of the federal Clean Air Act, United States new text end 99.12 new text begin Code, title 42, section 7411 or 7412. new text end 99.13     new text begin Subd. 2. new text end new text begin Regulatory cost assessments and reports. new text end new text begin A utility requesting an new text end 99.14 new text begin advance determination under subdivision 1 must, as part of the evidence required when new text end 99.15 new text begin filing a petition under subdivision 3, provide to the Public Utilities Commission and the new text end 99.16 new text begin Pollution Control Agency an assessment of all anticipated state and federal environmental new text end 99.17 new text begin regulations related to the production of electricity from the utility's facility subject to new text end 99.18 new text begin the filing, including regulations relating to: new text end 99.19 new text begin (1) air pollution by nitrogen oxide and sulphur dioxide, including an assumption that new text end 99.20 new text begin Minnesota will be included in the federal Clean Air Interstate Rule region, hazardous air new text end 99.21 new text begin pollutants, carbon dioxide, particulates, and ozone; new text end 99.22 new text begin (2) coal waste; and new text end 99.23 new text begin (3) water consumption and water pollution. new text end 99.24 new text begin In addition, the utility shall provide an assessment of the financial and operational new text end 99.25 new text begin impacts of these pending regulations applicable to the generating facility that is the new text end 99.26 new text begin subject of the filing and provide a range of regulatory response scenarios that include, but new text end 99.27 new text begin are not limited to: new text end 99.28 new text begin (1) the installation of pollution control equipment; new text end 99.29 new text begin (2) the benefits of the retirement or repowering of the plant that is the subject of new text end 99.30 new text begin the filing with cleaner fuels considering the costs of complying with state and federal new text end 99.31 new text begin environmental regulations; and new text end 99.32 new text begin (3) the use of pollution allowances to achieve compliance. new text end 99.33 new text begin The utility shall consult with interested stakeholders in establishing the scope of the new text end 99.34 new text begin regulatory, financial, and operational assessments prior to or during the 60-day period of new text end 99.35 new text begin the notice under subdivision 4. new text end 100.1     new text begin Subd. 3. new text end new text begin Petition. new text end new text begin A petition filed under this section must include a description of new text end 100.2 new text begin the project, evidence supporting the project's reasonableness, a discussion of project new text end 100.3 new text begin alternatives, a project implementation schedule, a cost estimate and support for the new text end 100.4 new text begin reasonableness of the estimated cost, and a description of the public utility's efforts to new text end 100.5 new text begin ensure the lowest reasonable costs. Following receipt of the Pollution Control Agency's new text end 100.6 new text begin verification under subdivision 4, the commission shall allow opportunity for oral and new text end 100.7 new text begin written comment on the petition. The commission shall make a final determination on new text end 100.8 new text begin the petition within ten months of its filing date. The commission must make findings new text end 100.9 new text begin in support of its determination. new text end 100.10     new text begin Subd. 4. new text end new text begin Verification. new text end new text begin At least 60 days prior to filing a petition to the commission new text end 100.11 new text begin under subdivision 3, the utility shall file notice with the Pollution Control Agency that new text end 100.12 new text begin describes the project and how it qualifies under subdivision 1. The Pollution Control new text end 100.13 new text begin Agency shall, within 60 days of receipt of the notice, verify that the project qualifies under new text end 100.14 new text begin subdivision 1, and shall forward written verification to the commission. new text end 100.15     new text begin Subd. 5. new text end new text begin Cost recovery. new text end new text begin The utility may begin recovery of costs that have been new text end 100.16 new text begin incurred by the utility in connection with implementation of the project in the next rate new text end 100.17 new text begin case following an advance determination of prudence. The commission shall review the new text end 100.18 new text begin costs incurred by the utility for the project. The utility must show that the project costs new text end 100.19 new text begin are reasonable and necessary, and demonstrate its efforts to ensure the lowest reasonable new text end 100.20 new text begin project costs. Notwithstanding the commission's prior determination of prudence, it may new text end 100.21 new text begin accept, modify, or reject any of the project costs. The commission may determine whether new text end 100.22 new text begin to require an allowance for funds used during construction offset. new text end 100.23     new text begin Subd. 6. new text end new text begin Expiration. new text end new text begin A petition for an advance determination of prudence may not new text end 100.24 new text begin be filed after December 31, 2015. new text end 100.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 100.26    Sec. 8. Minnesota Statutes 2008, section 216B.2401, is amended to read: 100.27216B.2401 ENERGY CONSERVATION POLICY GOAL. 100.28    It is the energy policy of the state of Minnesota to achieve annual energy savings 100.29equal to 1.5 percent of annual retail energy sales of electricity and natural gas directly 100.30through energy conservation improvement programs and rate design, new text begin such as inverted new text end 100.31 new text begin block rates in which lower energy prices are made available to lower usage residential new text end 100.32 new text begin customers, new text end and indirectly through energy codes and appliance standards, programs 100.33designed to transform the market or change consumer behavior, energy savings resulting 101.1from efficiency improvements to the utility infrastructure and system, and other efforts to 101.2promote energy efficiency and energy conservation. 101.3    Sec. 9. Minnesota Statutes 2008, section 216B.62, is amended by adding a subdivision 101.4to read: 101.5     new text begin Subd. 3a. new text end new text begin Supplemental staffing assessment. new text end new text begin In addition to other assessments in new text end 101.6 new text begin subdivision 3, the commission may assess up to $800,000 per year for supplemental new text end 101.7 new text begin staffing to implement requirements of this chapter. The amount in this subdivision shall new text end 101.8 new text begin be assessed to the several public utilities in proportion to their respective gross operating new text end 101.9 new text begin revenues from retail sales of gas or electric service within the state during the last calendar new text end 101.10 new text begin year, shall be deposited into an account in the special revenue fund, and appropriated to new text end 101.11 new text begin the commission. An assessment made under this subdivision is not subject to the cap on new text end 101.12 new text begin assessments provided in subdivision 3 or any other law. new text end 101.13    Sec. 10. Minnesota Statutes 2008, section 326B.106, subdivision 12, is amended to 101.14read: 101.15    Subd. 12. Separate metering for electric service. The standards concerning heat 101.16loss, illumination, and climate control adopted pursuant to subdivision 1, shall require 101.17that electrical service to individual dwelling units in buildings containing two or more 101.18units be separately metered, with individual metering readily accessible to the individual 101.19occupants. The standards authorized by this subdivision shall only apply to buildings 101.20constructed after the effective date of the amended standards. Buildings intended for 101.21occupancy primarily by persons who are 62 years of age or older or disabled, new text begin supportive new text end 101.22 new text begin housing, new text end or which new text begin buildings that new text end contain a majority of units not equipped with complete 101.23kitchen facilities, shall be exempt from the provisions of this subdivision. new text begin For purposes new text end 101.24 new text begin of this section, "supportive housing" means housing made available to individuals and new text end 101.25 new text begin families with multiple barriers to obtaining and maintaining housing, including those who new text end 101.26 new text begin are formerly homeless or at risk of homelessness and those who have a mental illness, new text end 101.27 new text begin substance abuse disorder, debilitating disease, or a combination of these conditions. new text end 101.28    Sec. 11. new text begin [383B.1588] ENERGY FORWARD PRICING MECHANISMS. new text end 101.29     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin The following definitions apply in this section. new text end 101.30 new text begin (a) "Energy" means natural gas, heating oil, diesel fuel, unleaded fuel, or any other new text end 101.31 new text begin energy source, except electric, used in Hennepin County operations. new text end 101.32 new text begin (b) "Forward pricing mechanism" means either: new text end 102.1 new text begin (1) a contract or financial instrument that obligates Hennepin County to buy or sell a new text end 102.2 new text begin specified amount of an energy commodity at a future date and at a set price; or new text end 102.3 new text begin (2) an option to buy or sell the contract or financial instrument. new text end 102.4     new text begin Subd. 2. new text end new text begin Authority provided. new text end new text begin Notwithstanding any other law to the contrary, new text end 102.5 new text begin the Hennepin County Board of Commissioners may use forward pricing mechanisms new text end 102.6 new text begin for budget risk reduction. new text end 102.7     new text begin Subd. 3. new text end new text begin Conditions. new text end new text begin (a) Forward pricing transactions made under this section must new text end 102.8 new text begin be made only under the conditions in this subdivision. new text end 102.9 new text begin (b) The amount of energy forward priced must not exceed the estimated energy new text end 102.10 new text begin usage for Hennepin County operations for the period of time covered by the forward new text end 102.11 new text begin pricing mechanism. new text end 102.12 new text begin (c) The holding period and expiration date for any forward pricing mechanism must new text end 102.13 new text begin not exceed 24 months from the trade date of the transaction. new text end 102.14 new text begin (d) Separate accounts must be established for each operational energy for which new text end 102.15 new text begin forward pricing mechanisms are used under this section. new text end 102.16     new text begin Subd. 4. new text end new text begin Written policies and procedures. new text end new text begin Before exercising authority under new text end 102.17 new text begin subdivision 2, the Hennepin County Board of Commissioners must have written policies new text end 102.18 new text begin and procedures governing the use of forward pricing mechanisms. new text end 102.19     new text begin Subd. 5. new text end new text begin Oversight process. new text end new text begin (a) Before exercising authority under subdivision 2, new text end 102.20 new text begin the Hennepin County Board of Commissioners must establish an oversight process that new text end 102.21 new text begin provides for review of the county's used of forward pricing mechanisms. new text end 102.22 new text begin (b) The process must include: new text end 102.23 new text begin (1) internal or external audit reviews; new text end 102.24 new text begin (2) annual reports to, and review by, an internal investment committee; and new text end 102.25 new text begin (3) internal management control. new text end 102.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective without local approval the day new text end 102.27 new text begin following final enactment as provided under Minnesota Statutes, section 645.023, new text end 102.28 new text begin subdivision 1, paragraph (a). new text end 102.29    Sec. 12. new text begin [383B.82] WIND AND SOLAR BUSINESS ENTITY PARTICIPATION. new text end 102.30 new text begin To exercise the authority granted to counties under section 373.48, Hennepin County new text end 102.31 new text begin may be a limited partner in a partnership, a member of a limited liability company, or a new text end 102.32 new text begin shareholder in a corporation established for the purpose of constructing, acquiring, owning new text end 102.33 new text begin in whole or in part, financing, or operating a facility that generates electricity from wind new text end 102.34 new text begin or solar energy. Liability for Hennepin County is governed by section 466.04. Section new text end 103.1 new text begin 466.04 also governs liability for a limited liability company or a corporation, either of new text end 103.2 new text begin which is wholly owned by Hennepin County and formed under this section. new text end 103.3    Sec. 13. Laws 1981, chapter 222, section 1, is amended to read: 103.4    Section 1. MINNEAPOLIS AND ST. PAUL; RESIDENTIAL new text begin , COMMERCIAL, new text end 103.5 new text begin AND INDUSTRIAL new text end ENERGY CONSERVATION PROGRAM; PURPOSE. 103.6The legislature finds and declares that the state faces potential serious shortages in 103.7energy resources and that implementing energy conservation measures requires expanded 103.8authority and technical capability in order to minimize the use of traditional energy 103.9sources in the housing sector new text begin , commercial, and industrial sectors new text end ; that accomplishing 103.10energy conservation is a public purpose; new text begin and new text end that it is in the public interest to authorize 103.11the city of Minneapolis and the city of St. Paul to provide existing single family, existing 103.12multifamily and existing rental housing new text begin residential, commercial, and industrial property new text end 103.13loans for energy improvements. 103.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment for new text end 103.15 new text begin each of the cities of Minneapolis and St. Paul without local approval under Minnesota new text end 103.16 new text begin Statutes, section 645.023, subdivision 1, paragraph (a). new text end 103.17    Sec. 14. Laws 1981, chapter 222, section 2, is amended to read: 103.18    Sec. 2. RESIDENTIAL ENERGY CONSERVATION PROGRAM. 103.19Notwithstanding any provision of law or charter to the contrary the city of 103.20Minneapolis and the city of St. Paul, individually or jointly are authorized to develop and 103.21administer a program or programs for the making or purchasing of energy improvement or 103.22energy rehabilitation loans with respect to housing new text begin residential, commercial, and industrial new text end 103.23 new text begin properties new text end located anywhere within their respective boundaries on such terms and 103.24conditions as set forth in this act and an ordinance which shall be adopted by the governing 103.25body or bodies of the municipality or municipalities establishing the program. At least 75 103.26percent of the proceeds of each energy improvement or energy rehabilitation loan shall 103.27be used for housing new text begin property new text end repairs and new text begin , new text end improvements new text begin , and equipment new text end (1) which the 103.28city determines are (a) used or useful to conserve energy or (b) to convert or retrofit 103.29an existing structure for the purpose of using an energy source which does not depend 103.30on nuclear or nonrenewable petroleum based resources, and (2) which, when installed 103.31or completed, will with respect to each housing unit directly result in a cost effective 103.32reduction of energy use from nuclear or nonrenewable petroleum based resources. The 103.33ordinance establishing the program shall establish the manner of determining whether the 103.34housing repairs and new text begin , new text end improvements new text begin , and equipment new text end will directly result in the required cost 104.1effective reduction of energy use. Loans may be made without regard to income level 104.2of the loan recipient, shall bear interest at a rate or rates as are established by the city or 104.3cities, shall be for a term of not to exceed 20 years, and may be secured by a mortgage 104.4or other security interest. The powers granted to each city by sections 1 to 5 of this act 104.5are supplemental and in addition to those granted by Minnesota Statutes, Chapter 462C new text begin , new text end 104.6 new text begin Chapter 469, new text end and any other law or charter. 104.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment for new text end 104.8 new text begin each of the cities of Minneapolis and St. Paul without local approval under Minnesota new text end 104.9 new text begin Statutes, section 645.023, subdivision 1, paragraph (a). new text end 104.10    Sec. 15. Laws 1981, chapter 222, section 3, is amended to read: 104.11    Sec. 3. LIMITATIONS. 104.12A program may be established pursuant to this act only after the city establishing the 104.13program determines that: 104.14(1) There is a continued need to reduce consumption of energy from nonrenewable 104.15petroleum based resources. 104.16(2) There are housing units new text begin properties new text end within the jurisdiction of the city which are in 104.17need of energy improvements and energy rehabilitation. 104.18(3) Private sources of financing are not reasonably available to provide the needed 104.19loans for energy improvements and energy rehabilitation. 104.20(4) The types of energy improvements and energy rehabilitation will reduce the 104.21consumption of energy from nonrenewable petroleum based resources or from nuclear 104.22sources. 104.23Findings made by the city pursuant to this section shall be conclusive and final. 104.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment for new text end 104.25 new text begin each of the cities of Minneapolis and St. Paul without local approval under Minnesota new text end 104.26 new text begin Statutes, section 645.023, subdivision 1, paragraph (a). new text end 104.27    Sec. 16. Laws 1981, chapter 222, section 4, subdivision 2, is amended to read: 104.28    Subd. 2. Bonding and financial authority. Notwithstanding the provisions of any 104.29other law, general or special to the contrary, and in addition to the authority contained in 104.30any other law, the city of Minneapolis and the city of St. Paul individually or jointly may 104.31exercise any and all of the same powers in relation to the making or purchasing of loans 104.32or other securities and in the issuing of revenue bonds or obligations in furtherance of 104.33the programs authorized by sections 1 to 5 as the Minnesota housing finance agency is 105.1authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A, without 105.2regard to any of the limitations set forth in Minnesota Statutes, Chapters 462C or 475. 105.3The revenue bonds or obligations shall be payable from revenues from the program and 105.4other city housing programs. The revenue bonds or obligations may be payable from 105.5other sources of city revenue which are derived from federal sources other than general 105.6revenue sharing, or private grant sources. The city shall not levy or pledge to levy any 105.7ad valorem tax upon real property for the purpose of paying principal of or interest on 105.8revenue bonds or obligations. 105.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment for new text end 105.10 new text begin each of the cities of Minneapolis and St. Paul without local approval under Minnesota new text end 105.11 new text begin Statutes, section 645.023, subdivision 1, paragraph (a). new text end 105.12    Sec. 17. Laws 2009, chapter 37, article 2, section 13, is amended to read: 105.13    Sec. 13. APPROPRIATIONS; CANCELLATIONS. 105.14(a) The remaining balance of the fiscal year 2009 special revenue fund appropriation 105.15for the Green Jobs Task Force under Laws 2008, chapter 363, article 6, section 3, 105.16subdivision 4, is transferred and appropriated to the commissioner of employment and 105.17economic development for the purposes of green enterprise assistance under Minnesota 105.18Statutes, section 116J.438. This appropriation is available until spent. 105.19(b) The unencumbered balance of the fiscal year 2008 appropriation to the 105.20commissioner of commerce for the rural and energy development revolving loan 105.21fund under Laws 2007, chapter 57, article 2, section 3, subdivision 6, is canceled and 105.22reappropriated new text begin to the commissioner of commerce new text end as follows: 105.23(1) $1,500,000 is for a grant to the Board of Trustees of the Minnesota State Colleges 105.24and Universities for the International Renewable Energy Technology Institute (IRETI) to 105.25be located at Minnesota State University, Mankato, as a public and private partnership to 105.26support applied research in renewable energy and energy efficiency to aid in the transfer of 105.27technology from Sweden to Minnesota and to support technology commercialization from 105.28companies located in Minnesota and throughout the world; and 105.29(2) the remaining balance is for a grant to the Board of Regents of the University of 105.30Minnesota for the initiative for renewable energy and the environment to fund start up 105.31costs related to a national solar testing and certification laboratory to test, rate, and certify 105.32the performance of equipment and devices that utilize solar energy for heating and cooling 105.33air and water and for generating electricity. 105.34This appropriation is available until expended. 106.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 106.2    Sec. 18. Laws 2009, chapter 138, article 2, section 4, is amended to read: 106.3    Sec. 4. SMALL CITY ENERGY EFFICIENCY GRANT. 106.4    Subdivision 1. Program. The commissioner shall make a grant for an innovative 106.5residential new text begin and commercial new text end energy efficiency program in a small rural city with a 106.6population under 4,000 located in the service area of Minnesota Power that is currently 106.7working with that utility, the county housing and redevelopment authority, and other 106.8state and local housing organizations to enhance energy efficiency for residents and 106.9businesses. Stimulus funds must be matched $1 for every $4 of stimulus funds granted 106.10under this section and are available to the extent of the match. The program must include 106.11the following elements: 106.12(1) provision of basic residential new text begin and commercial new text end energy conservation measures; 106.13(2) provision of more comprehensive residential new text begin and commercial new text end energy 106.14conservation measures, including extensive retrofits and appliance upgrades; new text begin and new text end 106.15(3) a plan to establish a revolving loan fund so that the program is sustainable over 106.16time; and 106.17(4) innovative financing options allowing residents new text begin and businesses new text end to finance energy 106.18efficiency improvements, at least in part, with energy savings. 106.19    Subd. 2. Report. By January 15, 2010, and October 30, 2010, the city must submit 106.20a report measuring and assessing the program's effectiveness and energy savings to the 106.21commissioner and the chairs and ranking minority members of the senate and house of 106.22representatives committees with primary jurisdiction over energy policy and finance. 106.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 106.24    Sec. 19. new text begin URBAN TRANSMISSION LINE; CERTIFICATE OF NEED new text end 106.25 new text begin REQUIRED. new text end 106.26 new text begin (a) A high-voltage transmission line longer than one mile with a capacity of 100 new text end 106.27 new text begin kilovolts or more that is located in a city of the first class in a zone within one mile of the new text end 106.28 new text begin transmission line in which population density exceeds 8,000 persons per square mile, and new text end 106.29 new text begin that runs parallel to and is within one-half mile of a below-grade bike and walking path new text end 106.30 new text begin that connects with other bike paths along a river, is subject to the provisions of Minnesota new text end 106.31 new text begin Statutes, section 216B.243. new text end 106.32     new text begin (b) This section expires December 31, 2014. new text end 107.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 107.2 new text begin and applies only to high-voltage transmission lines described in this section that are the new text end 107.3 new text begin subject of an application for a route permit under Minnesota Statutes, chapter 216E, that is new text end 107.4 new text begin pending before the Public Utilities Commission on March 15, 2010. new text end 107.5    Sec. 20. new text begin NEIGHBORHOOD ENERGY REDUCTION REPORT. new text end 107.6     new text begin Subdivision 1. new text end new text begin Report. new text end new text begin (a) By February 15, 2011, an organization with experience new text end 107.7 new text begin in energy conservation and energy planning at the neighborhood level that serves as new text end 107.8 new text begin project manager must submit a report to the chairs and ranking minority members of the new text end 107.9 new text begin senate and house of representatives committees with primary jurisdiction over energy new text end 107.10 new text begin policy that contains the following information: new text end 107.11 new text begin (1) projections of the amount of energy that can be conserved and generated through new text end 107.12 new text begin the implementation of cost-effective energy efficiency investments; innovative energy new text end 107.13 new text begin storage projects, including thermal energy storage; smart-grid technologies; and energy new text end 107.14 new text begin produced from distributed generation projects fueled by solar photovoltaic and other new text end 107.15 new text begin renewable energy sources located in the focused study area designated in the application new text end 107.16 new text begin to the Minnesota Public Utilities Commission for a route permit for the high-voltage new text end 107.17 new text begin transmission line identified in section 19; new text end 107.18 new text begin (2) for each energy-reducing or energy-generating element recommended, new text end 107.19 new text begin estimates of the amount of energy conserved or generated, the reduction in peak demand new text end 107.20 new text begin requirements in the focused study area, and the cost per unit of energy saved or generated; new text end 107.21 new text begin and new text end 107.22 new text begin (3) an estimate of the number of green jobs that would be created through new text end 107.23 new text begin implementation of the report's recommendations. new text end 107.24 new text begin (b) Requests by the project manager for information from the utility serving the new text end 107.25 new text begin focused study area may be made after the service of notice of and order for hearing made new text end 107.26 new text begin under Minnesota Statutes, section 216B.243, for the project described in section 19. new text end 107.27 new text begin Information requests with respect to the study are governed by the rules for contested case new text end 107.28 new text begin hearings in Minnesota Rules, part 1400.6700. new text end 107.29 new text begin (c) The project manager may contract for portions of the work required to complete new text end 107.30 new text begin the report. new text end 107.31     new text begin Subd. 2. new text end new text begin Community steering committee. new text end new text begin (a) The project manager shall convene new text end 107.32 new text begin a community steering committee to provide input to the report. Appointments to the new text end 107.33 new text begin steering committee must reflect the diversity of the focused study area, and include new text end 107.34 new text begin representatives of focused study area residents, including homeowners, building owners new text end 108.1 new text begin and renters, businesses, churches, other institutions, including the Midtown Community new text end 108.2 new text begin Works Partnership, local hospitals, and local elected officials representing the focused new text end 108.3 new text begin study area. All meetings held by the community steering committee or any subcommittees new text end 108.4 new text begin it creates must be public meetings, with advance notice given to the public. new text end 108.5 new text begin (b) The project manager shall seek to maximize the participation of focused study new text end 108.6 new text begin area residents, stakeholders, and institutions in recommending ideas to be included within new text end 108.7 new text begin the scope of the report and in reviewing initial and successive drafts of the report, including new text end 108.8 new text begin providing stipends for reasonable expenses when necessary to increase participation, but new text end 108.9 new text begin not including per diem payments. The project manager shall contact representatives of new text end 108.10 new text begin similar successful projects in other states to benefit from their experience and to learn new text end 108.11 new text begin about best practices for increasing public participation that can be replicated in Minnesota. new text end 108.12 new text begin The report must incorporate and respond to comments from the focused study area and new text end 108.13 new text begin the steering committee. new text end 108.14     new text begin Subd. 3. new text end new text begin Energy savings. new text end new text begin The utility that serves the focused study area may apply new text end 108.15 new text begin energy savings resulting directly from the implementation of recommendations contained new text end 108.16 new text begin in the report regarding energy efficiency investments to its energy-savings goal under new text end 108.17 new text begin Minnesota Statutes, section 216B.241, subdivision 1c. new text end 108.18     new text begin Subd. 4. new text end new text begin Certificate of need process. new text end new text begin No contested case evidentiary hearings for new text end 108.19 new text begin a certificate of need for the transmission line identified in section 19 may commence new text end 108.20 new text begin before April 1, 2011. new text end 108.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 108.22    Sec. 21. new text begin APPROPRIATION AND TRANSFER. new text end 108.23 new text begin (a) The utility subject to Minnesota Statutes, section 116C.779, shall transfer new text end 108.24 new text begin $90,000 from the renewable development account established under that section to the new text end 108.25 new text begin commissioner of commerce, who shall deposit it in the special revenue fund. new text end 108.26 new text begin (b) $90,000 from the money deposited in the special revenue fund under paragraph new text end 108.27 new text begin (a) is appropriated to the commissioner of commerce for transfer to the city of Minneapolis new text end 108.28 new text begin for a grant to an organization with experience in energy conservation and energy planning new text end 108.29 new text begin at the neighborhood level that is selected by the city, in consultation with the Midtown new text end 108.30 new text begin Greenway Coalition and representatives of the neighborhoods in which the high-voltage new text end 108.31 new text begin transmission line described in section 19 is proposed to be located, and after project new text end 108.32 new text begin proposals have been reviewed, to serve as project manager for the purpose of completing new text end 108.33 new text begin the report required under section 20. new text end 108.34 new text begin This is a onetime appropriation and is available until expended. new text end 109.1    Sec. 22. new text begin REPEALER. new text end 109.2 new text begin Laws 1981, chapter 222, section 7, new text end new text begin is repealed. new text end " 109.3Delete the title and insert: 109.4"A bill for an act 109.5relating to state government; appropriating money from constitutionally dedicated 109.6funds; modifying certain statutory provisions and laws for environment, natural 109.7resources, outdoor heritage, and energy; modifying fees, accounts, disposition 109.8of certain receipts, and audit requirements; providing for certain registration, 109.9training, and licensing exemptions; modifying outdoor recreation and recreational 109.10vehicle provisions; modifying the Water Law; regulating public utilities; 109.11modifying and establishing programs; requiring studies and reports; modifying 109.12and requiring the transfer of appropriations; appropriating money;amending 109.13Minnesota Statutes 2008, sections 3.8851, subdivision 7; 3.9741, by adding a 109.14subdivision; 84.025, subdivision 9; 84.027, subdivision 15; 84.0856; 84.0857; 109.1584.415, by adding a subdivision; 84.777, subdivision 2; 84.788, subdivision 109.162; 84.798, subdivision 2; 84.82, subdivisions 3, 6, by adding a subdivision; 109.1784.8205, subdivision 1; 84.92, subdivisions 9, 10; 84.922, subdivision 5, by 109.18adding a subdivision; 84.925, subdivision 1; 84.9256, subdivision 1; 84.928, 109.19subdivision 5; 84D.10, by adding a subdivision; 84D.13, subdivision 5; 85.015, 109.20subdivision 14; 85.052, subdivision 4; 85.22, subdivision 5; 85.32, subdivision 1; 109.2185.41, subdivision 3; 85.42; 85.43; 85.46, as amended; 86B.301, subdivision 2; 109.2286B.501, by adding a subdivision; 88.17, subdivisions 1, 3; 88.79, subdivision 2; 109.2389.17; 90.041, by adding a subdivision; 90.121; 90.14; 97A.056, subdivision 5, 109.24by adding subdivisions; 97B.665, subdivision 2; 103A.305; 103B.702, by adding 109.25a subdivision; 103G.271, subdivision 3; 103G.285, subdivision 5; 103G.301, 109.26subdivision 6; 103G.305, subdivision 2; 103G.315, subdivision 11; 103G.515, 109.27subdivision 5; 103G.615, subdivision 2; 115.55, by adding a subdivision; 116.07, 109.28subdivisions 4, 4h; 116C.779, subdivision 1; 116D.04, subdivision 2a, by adding 109.29a subdivision; 116J.437, subdivision 1; 216B.16, subdivisions 14, 15; 216B.2401; 109.30216B.62, by adding a subdivision; 290.431; 290.432; 326B.106, subdivision 109.3112; 473.1565, subdivision 2; Minnesota Statutes 2009 Supplement, sections 109.3284.415, subdivision 6; 84.793, subdivision 1; 84.922, subdivision 1a; 84.9275, 109.33subdivision 1; 84.928, subdivision 1; 85.015, subdivision 13; 85.053, subdivision 109.3410; 85.53, subdivision 2, by adding a subdivision; 86A.09, subdivision 1; 109.3597A.056, subdivision 3; 103G.201; 114D.50, by adding a subdivision; 129D.17, 109.36subdivision 2; Laws 1981, chapter 222, sections 1; 2; 3; 4, subdivision 2; 109.37Laws 2009, chapter 37, article 2, section 13; Laws 2009, chapter 138, article 2, 109.38section 4; Laws 2009, chapter 172, article 2, section 4; article 5, sections 8; 10; 109.39Laws 2010, chapter 215, article 3, section 4, subdivision 10; proposing coding 109.40for new law in Minnesota Statutes, chapters 103A; 103G; 116C; 216B; 383B; 109.41repealing Minnesota Statutes 2008, sections 90.172; 97B.665, subdivision 1; 109.42103G.295; 103G.650; Minnesota Statutes 2009 Supplement, sections 3.3006; 109.4384.02, subdivisions 4a, 6a, 6b; 88.795; Laws 1981, chapter 222, section 7; Laws 109.442009, chapter 172, article 5, section 9." 110.1 We request the adoption of this report and repassage of the bill. 110.2 Senate Conferees: 110.3 ..... ..... 110.4 Ellen Anderson Tom Saxhaug 110.5 ..... ..... 110.6 Satveer Chaudhary Dennis Frederickson 110.7 ..... 110.8 Sandy Rummel 110.9 House Conferees: 110.10 ..... ..... 110.11 Mary Murphy Jean Wagenius 110.12 ..... ..... 110.13 Will Morgan Rick Hansen 110.14 ..... 110.15 Gregory Davids