1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 32751.2A bill for an act1.3relating 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, 20102.12The Honorable James P. Metzen2.13President of the Senate2.14The Honorable Margaret Anderson Kelliher2.15Speaker of the House of Representatives2.16We, 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 12.22OUTDOOR HERITAGE

2.23Section 1. OUTDOOR HERITAGE APPROPRIATION.

2.24The sums shown in the columns marked "Appropriations" are appropriated to the 2.25agencies and for the purposes specified in this article. The appropriations are from the 2.26outdoor heritage fund and are available for the fiscal years indicated for each purpose. The 2.27figures "2010" and "2011" used in this article mean that the appropriations listed under 2.28them are available for the fiscal year ending June 30, 2010, or June 30, 2011, respectively. 2.29"The first year" is fiscal year 2010. "The second year" is fiscal year 2011. "The biennium" 2.30is fiscal years 2010 and 2011. The appropriations in this article are onetime.

2.31APPROPRIATIONS2.32Available for the Year2.33Ending June 302.3420102011

2.35Sec. 2. OUTDOOR HERITAGE

2.36Subdivision 1.Total Appropriation$-0-$58,939,000

2.37This appropriation is from the outdoor 2.38heritage fund. The amounts that may be 3.1spent for each purpose are specified in the 3.2following subdivisions.

3.3Subd. 2.Prairies-0-18,093,000

3.43.5(a) Accelerated Prairie Grassland Restoration and Enhancement Program on DNR Lands

3.6$5,833,000 in fiscal year 2011 is to the 3.7commissioner of natural resources to 3.8accelerate the protection, restoration, and 3.9enhancement of native prairie vegetation. 3.10A list of proposed land acquisitions, 3.11restorations, and enhancements, describing 3.12the types and locations of acquisitions, 3.13restorations, and enhancements, must 3.14be provided as part of the required 3.15accomplishment plan. All restorations must 3.16comply with subdivision 9, paragraph (b). 

3.17(b) The Green Corridor Legacy Program

3.18$1,651,000 in fiscal year 2011 is to the 3.19commissioner of natural resources for 3.20an agreement with the Redwood Area 3.21Communities Foundation to acquire and 3.22restore land for purposes allowed under 3.23the Minnesota Constitution, article XI, 3.24section 15, in Redwood, Renville, Brown, 3.25Nicollet, Murray, Lyon, Yellow Medicine, 3.26Chippewa, and Cottonwood Counties to be 3.27added to the state outdoor recreation system 3.28as defined in Minnesota Statutes, chapter 3.2986A. A list of proposed fee title acquisitions 3.30must be provided as part of the required 3.31accomplishment plan. The commissioner of 3.32natural resources must agree in writing to 3.33each proposed acquisition. All restorations 3.34must comply with subdivision 9, paragraph 3.35(b). 

4.14.2(c) Prairie Heritage Fund - Acquisition and Restoration

4.3$3,015,000 in fiscal year 2011 is to the 4.4commissioner of natural resources for an 4.5agreement with Pheasants Forever to acquire 4.6and restore land to be added to the state 4.7wildlife management area system. A list 4.8of proposed fee title acquisitions and a list 4.9of proposed restoration projects, describing 4.10the types and locations of restorations, 4.11must be provided as part of the required 4.12accomplishment plan. The commissioner of 4.13natural resources must agree in writing to 4.14each proposed acquisition. All restorations 4.15must comply with subdivision 9, paragraph 4.16(b). 

4.174.18(d) Northern Tallgrass Prairie National Wildlife Refuge Protection

4.19$2,041,000 in fiscal year 2011 is to the 4.20commissioner of natural resources for an 4.21agreement with The Nature Conservancy 4.22to acquire land or permanent easements 4.23within the Northern Tallgrass Prairie Habitat 4.24Preservation Area in western Minnesota for 4.25addition to the Northern Tallgrass Prairie 4.26National Wildlife Refuge. A list of proposed 4.27fee title and permanent easement acquisitions 4.28must be provided as part of the required 4.29accomplishment plan. The accomplishment 4.30plan must include an easement stewardship 4.31plan.

4.32(e) Rum River - Cedar Creek Initiative

4.33$1,900,000 in fiscal year 2011 is to the 4.34commissioner of natural resources for an 4.35agreement with Anoka County to acquire fee 5.1title to land at the confluence of the Rum 5.2River and Cedar Creek in Anoka County. 5.3Land acquired in fee must remain open to 5.4hunting and fishing, consistent with the 5.5capacity of the land, during the open season, 5.6as determined in writing by the commissioner 5.7of natural resources. All restorations must 5.8comply with subdivision 9, paragraph (b).  

5.9(f) Minnesota Prairie Recovery Project

5.10$3,653,000 in fiscal year 2011 is to the 5.11commissioner of natural resources for an 5.12agreement with The Nature Conservancy 5.13for a pilot project to acquire interests in 5.14land and restore and enhance prairie and 5.15prairie/wetland habitat in the prairie regions 5.16of western and southwestern Minnesota. 5.17The Nature Conservancy may acquire land 5.18in fee or through permanent conservation 5.19easements. A list of proposed fee title and 5.20permanent conservation easements, and a list 5.21of proposed restorations and enhancements, 5.22must be provided as part of the required 5.23accomplishment plan. All restorations must 5.24comply with subdivision 9, paragraph (b). 5.25The commissioner of natural resources must 5.26agree in writing to each acquisition of interest 5.27in land, restoration project, and enhancement 5.28project. The accomplishment plan must 5.29include an easement stewardship plan.

5.30Subd. 3.Forests-0-5,603,000

5.315.32(a) Critical Shoreline Habitat Protection Program

5.33$816,000 in fiscal year 2011 is to the 5.34commissioner of natural resources for an 5.35agreement with the Minnesota Land Trust to 6.1acquire permanent conservation easements 6.2protecting critical shoreline habitats in 6.3Koochiching, Cook, Lake, and St. Louis 6.4County portions of the northern forest 6.5area in northern Minnesota and provide 6.6stewardship for those easements. A list of 6.7proposed conservation easement acquisitions 6.8must be provided as part of the required 6.9accomplishment plan. The accomplishment 6.10plan must include an easement stewardship 6.11plan.

6.126.13(b) Protect Key Industrial Forest Land Tracts in Central Minnesota

6.14$594,000 in fiscal year 2011 is to the 6.15commissioner of natural resources for an 6.16agreement with Cass County to acquire lands 6.17that assist with gaining access for restoration 6.18and enhancement purposes to existing public 6.19land tracts. A list of proposed acquisitions 6.20must be provided as part of the required 6.21accomplishment plan.

6.226.23(c) Little Nokasippi River Wildlife Management Area

6.24$843,000 in fiscal year 2011 is to the 6.25commissioner of natural resources 6.26for acceleration of agency programs and 6.27cooperative agreements to acquire interests in 6.28land within the boundaries of the Minnesota 6.29National Guard Army compatible use buffer 6.30(ACUB) program. Of this appropriation, 6.31$225,000 is for the Department of Natural 6.32Resources to acquire land for wildlife 6.33management areas and $618,000 is for an 6.34agreement with the Board of Water and Soil 6.35Resources to acquire permanent conservation 6.36easements. A list of proposed acquisitions 7.1must be provided as part of the required 7.2accomplishment plan.

7.37.4(d) Accelerated Forest Wildlife Habitat Program

7.5$1,791,000 in fiscal year 2011 is to the 7.6commissioner of natural resources for 7.7acceleration of agency programs to acquire, 7.8in fee, land for state forests and restore and 7.9enhance state forest habitat. A list of projects 7.10including proposed fee title acquisitions 7.11and restorations and enhancements must 7.12be provided as part of the required 7.13accomplishment plan. All restorations must 7.14comply with subdivision 9, paragraph (b). 

7.157.16(e) Northeastern Minnesota Sharp-Tailed Grouse Habitat

7.17$1,559,000 in fiscal year 2011 is to the 7.18commissioner of natural resources for an 7.19agreement with Pheasants Forever to acquire 7.20interests in land, and to restore and enhance 7.21habitat for sharp-tailed grouse in Kanabec, 7.22Aitkin, and St. Louis Counties in cooperation 7.23with the Minnesota Sharp-Tailed Grouse 7.24Society. A list of proposed acquisitions 7.25and a list of proposed restorations and 7.26enhancements must be provided as part of 7.27the required accomplishment plan. The 7.28commissioner of natural resources must 7.29agree in writing to each acquisition of interest 7.30in land, restoration project, and enhancement 7.31project. All restorations must comply with 7.32subdivision 9, paragraph (b). 

7.33Subd. 4.Wetlands-0-16,905,000

7.347.35(a) Accelerated Shallow Lake and Wetland Enhancement and Restoration Program

8.1$6,505,000 in fiscal year 2011 is to the 8.2commissioner of natural resources to assess, 8.3enhance, and restore shallow lake and 8.4wetland habitats, to acquire land in fee or 8.5through permanent conservation easements 8.6for shallow lake program restoration, and to 8.7provide stewardship for acquired easements 8.8in cooperation with Ducks Unlimited, Inc. 8.9Of this appropriation, $1,463,000 is for the 8.10Department of Natural Resources agency 8.11program acceleration and $5,042,000 is for 8.12an agreement with Ducks Unlimited, Inc. A 8.13list of proposed projects, describing the types 8.14and locations of land acquisitions, restoration 8.15projects, and enhancement projects, 8.16must be provided as part of the required 8.17accomplishment plan. The commissioner 8.18of natural resources must agree in writing 8.19to each acquisition, restoration project, and 8.20enhancement project. The accomplishment 8.21plan must include an easement stewardship 8.22plan. All restorations must comply with 8.23subdivision 9, paragraph (b).

8.248.25(b) Accelerate the Waterfowl Production Area Program in Minnesota

8.26$3,505,000 in fiscal year 2011 is to the 8.27commissioner of natural resources for 8.28an agreement with Pheasants Forever to 8.29acquire and restore wetland and related 8.30upland habitats, in cooperation with the 8.31United States Fish and Wildlife Service 8.32and Ducks Unlimited, Inc., to be managed 8.33as waterfowl production areas. A list of 8.34proposed acquisitions and a list of proposed 8.35projects, describing the types and locations 8.36of restorations, must be provided as part 9.1of the required accomplishment plan. All 9.2restorations must comply with subdivision 9.39, paragraph (b).

9.49.5(c) Reinvest in Minnesota Wetlands Reserve Program Acquisition and Restoration

9.6$6,895,000 in fiscal year 2011 is to the Board 9.7of Water and Soil Resources to acquire 9.8permanent conservation easements and 9.9restore wetlands and associated uplands 9.10in cooperation with the United States 9.11Department of Agriculture Wetlands Reserve 9.12Program. A list of proposed acquisitions 9.13and a list of proposed projects, describing 9.14the types and locations of restorations, 9.15must be provided as part of the required 9.16accomplishment plan. All restorations must 9.17comply with subdivision 9, paragraph (b).

9.18Subd. 5.Habitat-0-17,563,000

9.19(a) Metro Big Rivers Habitat Program

9.20$2,397,000 in fiscal year 2011 is to 9.21the commissioner of natural resources 9.22for agreements for projects to protect, 9.23restore, and enhance natural systems of 9.24the Minnesota River, St. Croix River, 9.25Mississippi River, and their major tributaries 9.26as follows: $500,000 with Minnesota Valley 9.27National Wildlife Refuge Trust, Inc. for 9.28fee title land acquisition; $1,500,000 with 9.29the Trust for Public Land for fee title land 9.30acquisition; $227,300 with the Friends 9.31of the Mississippi River for restoration, 9.32enhancement, and conservation easement 9.33acquisition; and $169,700 with Great River 9.34Greening for restoration and enhancement. 9.35The accomplishment plan must include an 10.1easement stewardship plan. All restorations 10.2must comply with subdivision 9, paragraph 10.3(b).

10.410.5(b) Accelerated Aquatic Management Area Acquisition

10.6$3,416,000 in fiscal year 2011 is to the 10.7commissioner of natural resources to 10.8accelerate land acquisition by fee title and 10.9easements to be added to the state aquatic 10.10management area system as defined in 10.11Minnesota Statutes, chapter 86A, and to 10.12restore and enhance stream habitat and lake 10.13habitat. Land acquired in fee must remain 10.14open to hunting and fishing, consistent 10.15with the capacity of the land, during the 10.16open season, as determined in writing by 10.17the commissioner of natural resources. 10.18A list of proposed fee title and easement 10.19acquisitions, stream habitat restorations and 10.20enhancements, and lake habitat restorations 10.21and enhancements must be provided as part 10.22of the required accomplishment plan.

10.2310.24(c) Cold Water River and Stream Restoration, Protection, and Enhancement

10.25$1,269,000 in fiscal year 2011 is to the 10.26commissioner of natural resources for 10.27an agreement with Trout Unlimited to 10.28restore, enhance, and protect cold water 10.29river and stream habitats in Minnesota. A 10.30list of proposed acquisitions and a list of 10.31proposed projects, describing the types and 10.32locations of restorations and enhancements, 10.33must be provided as part of the required 10.34accomplishment plan. The commissioner of 10.35natural resources must agree in writing to 10.36each proposed acquisition, restoration, and 11.1enhancement. All restorations must comply 11.2with subdivision 9, paragraph (b).

11.311.4(d) Dakota County Riparian and Lakeshore Protection and Restoration

11.5$2,097,000 in fiscal year 2011 is to the 11.6commissioner of natural resources for 11.7an agreement with Dakota County for 11.8acquisition of permanent easements and 11.9enhancement and restoration of aquatic 11.10and associated upland habitat. A list of 11.11proposed acquisitions and restorations 11.12must be provided as part of the required 11.13accomplishment plan. The accomplishment 11.14plan must include an easement stewardship 11.15plan. All restorations must comply with 11.16subdivision 9, paragraph (b).

11.17(e) Valley Creek Protection Partnership

11.18$1,218,000 in fiscal year 2011 is to the 11.19commissioner of natural resources for 11.20agreements on projects to protect, restore, 11.21and enhance natural systems of Valley Creek 11.22in Washington County as follows: $838,000 11.23with Minnesota Land Trust; $218,000 with 11.24Washington County; $100,000 with the 11.25Belwin Conservancy; $50,000 with Trout 11.26Unlimited; and $12,000 with the Valley 11.27Branch Watershed District. All restorations 11.28must comply with subdivision 9, paragraph 11.29(b).

11.3011.31(f) Anoka Sand Plain Restoration and Enhancement

11.32$747,000 in fiscal year 2011 is to the 11.33commissioner of natural resources for 11.34an agreement with Great River Greening 11.35to restore and enhance habitat on public 12.1property in the Anoka Sand Plain in Anoka, 12.2Chisago, Isanti, Benton, Washington, 12.3Morrison, and Sherburne Counties. All 12.4restorations must comply with subdivision 12.59, paragraph (b).

12.612.7(g) Lower Mississippi River Habitat Restoration Acceleration

12.8$1,000,000 in fiscal year 2011 is to 12.9the commissioner of natural resources 12.10to accelerate agency programs and for 12.11cooperative agreements to acquire land in 12.12the Root River watershed. A list of proposed 12.13acquisitions must be provided as part of 12.14the required accomplishment plan. The 12.15commissioner of natural resources must 12.16agree in writing to each proposed acquisition, 12.17restoration, and enhancement. All 12.18restorations must comply with subdivision 12.199, paragraph (b). 

12.2012.21(h) Washington County St. Croix River Land Protection

12.22$1,033,000 in fiscal year 2011 is to the 12.23commissioner of natural resources for an 12.24agreement with Washington County to 12.25acquire permanent easements to protect 12.26habitat associated with the St. Croix River 12.27Valley. A list of proposed acquisitions 12.28must be provided as part of the required 12.29accomplishment plan. The accomplishment 12.30plan must include an easement stewardship 12.31plan.

12.3212.33(i) Outdoor Heritage Conservation Partners Grant Program

12.34$4,386,000 in fiscal year 2011 is to the 12.35commissioner of natural resources for a 13.1program to provide competitive, matching 13.2grants of up to $400,000 to local, regional, 13.3state, and national organizations, including 13.4government, for enhancement, restoration, 13.5or protection of forests, wetlands, prairies, 13.6and habitat for fish, game, or wildlife 13.7in Minnesota. Up to four percent of 13.8this appropriation may be used by the 13.9commissioner of natural resources for 13.10administering the grant program. Grantees 13.11may acquire land or interests in land. 13.12Easements must be permanent. Land 13.13acquired in fee must be open to hunting 13.14and fishing during the open season unless 13.15otherwise provided by state law. The 13.16commissioner of natural resources must 13.17agree in writing to each proposed acquisition 13.18of land or interest in land. The program 13.19shall require a match of at least ten percent 13.20from nonstate sources for grants of $100,000 13.21or less and a match of at least 15 percent 13.22from nonstate sources for grants over 13.23$100,000. Up to one-third of the match 13.24may be in-kind resources. The criteria 13.25for evaluating grant applications must 13.26include, in a balanced and equally weighted 13.27order of precedence, the amount of habitat 13.28restored, enhanced, or protected; local 13.29support; degree of collaboration; urgency; 13.30capacity to achieve multiple benefits; 13.31habitat benefits provided; consistency with 13.32current conservation science; adjacency 13.33to protected lands; full funding of the 13.34project; supplementing existing funding; 13.35public access for hunting and fishing during 13.36the open season; sustainability; and use 14.1of native plant materials. All projects 14.2must conform to the Minnesota statewide 14.3conservation and preservation plan. Wildlife 14.4habitat projects must also conform to the 14.5Minnesota wildlife action plan. Subject to 14.6the evaluation criteria and requirements 14.7of this paragraph and Minnesota Statutes, 14.8the commissioner of natural resources 14.9shall give priority to organizations that 14.10have a history or charter to receive private 14.11contributions for local conservation or 14.12habitat projects when evaluating projects of 14.13equal value. Priority may be given to projects 14.14acquiring land or easements associated 14.15with existing wildlife management areas. 14.16All restoration or enhancement projects 14.17must be on land permanently protected by 14.18conservation easement or public ownership 14.19or in public waters as defined in Minnesota 14.20Statutes, section 103G.005, subdivision 15. 14.21Subdivision 9 applies to grants awarded 14.22under this paragraph. All restorations must 14.23comply with subdivision 9, paragraph (b). 14.24This appropriation is available until June 14.2530, 2014, at which time all grant project 14.26work must be completed and final products 14.27delivered, unless an earlier date is specified 14.28in the grant agreement. No less than five 14.29percent of the amount of each grant must 14.30be held back from reimbursement until 14.31the grant recipient has completed a grant 14.32accomplishment report by the deadline and 14.33in the form prescribed by and satisfactory to 14.34the Lessard-Sams Outdoor Heritage Council.

14.35Subd. 6.Administration and Other0775,000

14.36(a) Contract Management

15.1$175,000 in fiscal year 2011 is to the 15.2commissioner of natural resources for 15.3contract management duties assigned in this 15.4section.

15.5(b) Legislative Coordinating Commission

15.6$600,000 in fiscal year 2011 is to the 15.7Legislative Coordinating Commission for 15.8administrative expenses of the Lessard-Sams 15.9Outdoor Heritage Council and for 15.10compensation and expense reimbursement 15.11of council members. 

15.12Subd. 7.Availability of Appropriation

15.13Money appropriated in this section may 15.14not be spent on activities unless they are 15.15directly related to and necessary for a 15.16specific appropriation and are specified in the 15.17accomplishment plan. Money appropriated 15.18in this section must not be spent on indirect 15.19costs or other institutional overhead charges. 15.20Unless otherwise provided, the amounts 15.21in this section are available until June 30, 15.222013, when projects must be completed and 15.23final accomplishments reported. Funds for 15.24restoration or enhancement are available 15.25until June 30, 2015, or four years after 15.26acquisition, whichever is later, in order to 15.27complete restoration or enhancement work. 15.28If a project receives federal funds, the time 15.29period of the appropriation is extended to 15.30equal the availability of federal funding. 15.31Funds appropriated for fee title acquisition of 15.32land may be used to restore and enhance land 15.33acquired with the appropriation.

15.34Subd. 8.Accomplishment Plans

16.1It is a condition of acceptance of the 16.2appropriations made by this section that the 16.3agency or entity using the appropriation shall 16.4submit to the council an accomplishment 16.5plan and periodic accomplishment 16.6reports in the form determined by the 16.7Lessard-Sams Outdoor Heritage Council. 16.8The accomplishment plan must account for 16.9the use of the appropriation and outcomes 16.10of the expenditure in measures of wetlands, 16.11prairies, forests, and fish, game, and wildlife 16.12habitat restored, protected, and enhanced. 16.13The plan must include an evaluation of 16.14results. None of the money provided in this 16.15section may be expended unless the council 16.16has approved the pertinent accomplishment 16.17plan.

16.18Subd. 9.Project Requirements

16.19(a) As a condition of accepting an 16.20appropriation in this section, any agency 16.21or entity receiving an appropriation must 16.22comply with this subdivision for any project 16.23funded in whole or in part with funds from 16.24the appropriation.16.25(b) To the extent possible, a person 16.26conducting restoration with money 16.27appropriated in this section must plant 16.28vegetation or sow seed only of ecotypes 16.29native to Minnesota, and preferably of the 16.30local ecotype, using a high diversity of 16.31species originating from as close to the 16.32restoration site as possible, and protect 16.33existing native prairies, grasslands, forests, 16.34wetlands, and other aquatic systems from 16.35genetic contamination.17.1(c) All conservation easements acquired with 17.2money appropriated in this section must: (1) 17.3be permanent; (2) specify the parties to an 17.4easement; (3) specify all of the provisions 17.5of an agreement that are permanent; (4) 17.6specify the habitat types and location 17.7being protected; (5) where appropriate for 17.8conservation or water protection outcomes, 17.9require the grantor to employ practices 17.10retaining water on the eased land as long as 17.11practicable; (6) specify the responsibilities 17.12of the parties for habitat enhancement and 17.13restoration and the associated costs of these 17.14activities; (7) be sent to the office of the 17.15Lessard-Sams Outdoor Heritage Council; (8) 17.16include a long-term stewardship plan and 17.17identify the sources and amount of funding 17.18for monitoring and enforcing the easement 17.19agreement; and (9) identify the parties 17.20responsible for monitoring and enforcing the 17.21easement agreement.17.22(d) For all restorations, a recipient must 17.23prepare and retain an ecological restoration 17.24and management plan that, to the degree 17.25practicable, is consistent with current 17.26conservation science and ecological goals 17.27for the restoration site. Consideration should 17.28be given to soil, geology, topography, and 17.29other relevant factors that would provide 17.30the best chance for long-term success of the 17.31restoration projects. The plan shall include 17.32the proposed timetable for implementing 17.33the restoration, including, but not limited 17.34to, site preparation, establishment of 17.35diverse plant species, maintenance, and 17.36additional enhancement to establish the 18.1restoration; identify long-term maintenance 18.2and management needs of the restoration 18.3and how the maintenance, management, and 18.4enhancement will be financed; and use the 18.5current conservation science to achieve the 18.6best restoration.18.7(e) For new lands acquired, a recipient 18.8must prepare a restoration and management 18.9plan in compliance with paragraph (d), 18.10including identification of sufficient funding 18.11for implementation.18.12(f) To ensure public accountability for the 18.13use of public funds, a recipient must provide 18.14to the Lessard-Sams Outdoor Heritage 18.15Council documentation of the selection 18.16process used to identify parcels acquired 18.17in fee or permanent conservation easement 18.18and provide the council with documentation 18.19of all related transaction costs, including, 18.20but not limited to, appraisals, legal fees, 18.21recording fees, commissions, other similar 18.22costs, and donations. This information 18.23must be provided for all parties involved 18.24in the transaction. The recipient shall 18.25also report to the Lessard-Sams Outdoor 18.26Heritage Council any difference between the 18.27acquisition amount paid to the seller and the 18.28state-certified or state-reviewed appraisal, if 18.29a state-certified or state-reviewed appraisal 18.30was conducted. Acquisition data such 18.31as appraisals may remain private during 18.32negotiations but must ultimately be made 18.33public according to Minnesota Statutes, 18.34chapter 13.19.1(g) Except as otherwise provided in this 19.2section, all restoration and enhancement 19.3projects funded with money appropriated in 19.4this section must be on land permanently 19.5protected by a conservation easement or 19.6public ownership or in public waters as 19.7defined in Minnesota Statutes, section 19.8103G.005, subdivision 15.19.9(h) To the extent an appropriation is used to 19.10acquire an interest in real property, a recipient 19.11of an appropriation under this section must 19.12provide to the Lessard-Sams Outdoor 19.13Heritage Council and the commissioner 19.14of management and budget an analysis of 19.15increased operations and maintenance costs 19.16likely to be incurred by public entities as 19.17a result of the acquisition and of how these 19.18costs are to be paid.19.19(i) A recipient of money from an 19.20appropriation in this section must give 19.21consideration to and make timely written 19.22contact with the Minnesota Conservation 19.23Corps or its successor for consideration of 19.24possible use of their services to contract for 19.25restoration and enhancement services. A 19.26copy of the written contact must be filed with 19.27the Lessard-Sams Outdoor Heritage Council 19.28within 15 days of execution.19.29(j) A recipient of money from this section 19.30must erect signage according to Laws 2009, 19.31chapter 172, article 5, section 10.

19.3219.33Subd. 10.Payment Conditions and Capital Equipment Expenditures

19.34All agreements, grants, or contracts referred 19.35to in this section must be administered on 20.1a reimbursement basis unless otherwise 20.2provided in this section. Notwithstanding 20.3Minnesota Statutes, section 16A.41, 20.4expenditures directly related to each 20.5appropriation's purpose made on or after July 20.61, 2010, are eligible for reimbursement unless 20.7otherwise provided in this section. Periodic 20.8reimbursement must be made upon receiving 20.9documentation that the deliverable items 20.10articulated in the approved accomplishment 20.11plan have been achieved, including partial 20.12achievements as evidenced by approved 20.13progress reports. Reasonable amounts may 20.14be advanced to projects to accommodate 20.15cash flow needs or to match federal share. 20.16The advances must be approved as part of 20.17the accomplishment plan. Capital equipment 20.18expenditures for specific items in excess of 20.19$10,000 must be approved as part of the 20.20accomplishment plan.

20.2120.22Subd. 11.Purchase of Recycled and Recyclable Materials

20.23A political subdivision, public or private 20.24corporation, or other entity that receives an 20.25appropriation in this section must use the 20.26appropriation in compliance with Minnesota 20.27Statutes, section 16B.121, regarding 20.28purchase of recycled, repairable, and durable 20.29materials, and section 16B.122, regarding 20.30purchase and use of paper stock and printing.

20.31Subd. 12.Accessibility

20.32Structural and nonstructural facilities must 20.33meet the design standards in the Americans 20.34with Disabilities Act (ADA) accessibility 20.35guidelines.

21.1Subd. 13.Land Acquisition Restrictions

21.2(a) An interest in real property, including, but 21.3not limited to, an easement or fee title, that 21.4is acquired with money appropriated under 21.5this section must be used in perpetuity or for 21.6the specific term of an easement interest for 21.7the purpose for which the appropriation was 21.8made.21.9(b) A recipient of funding who acquires 21.10an interest in real property subject to this 21.11subdivision may not alter the intended use 21.12of the interest in real property or convey 21.13any interest in the real property acquired 21.14with the appropriation without the prior 21.15review and approval of the Lessard-Sams 21.16Outdoor Heritage Council or its successor. 21.17The council shall notify the chairs and 21.18ranking minority members of the legislative 21.19committees and divisions with jurisdiction 21.20over the outdoor heritage fund at least 15 21.21business days before approval under this 21.22paragraph. The council shall establish 21.23procedures to review requests from recipients 21.24to alter the use of or convey an interest in 21.25real property. These procedures shall allow 21.26for the replacement of the interest in real 21.27property with another interest in real property 21.28meeting the following criteria: (1) the 21.29interest is at least equal in fair market value, 21.30as certified by the commissioner of natural 21.31resources, to the interest being replaced; and 21.32(2) the interest is in a reasonably equivalent 21.33location and has a reasonably equivalent 21.34useful conservation purpose compared to the 21.35interest being replaced.22.1(c) A recipient of funding who acquires an 22.2interest in real property under paragraph 22.3(a) must separately record a notice of 22.4funding restrictions in the appropriate local 22.5government office where the conveyance 22.6of the interest in real property is filed. The 22.7notice of funding agreement must contain: 22.8(1) a legal description of the interest in real 22.9property covered by the funding agreement; 22.10(2) a reference to the underlying funding 22.11agreement; (3) a reference to this section; and 22.12(4) the following statement: "This interest 22.13in real property shall be administered in 22.14accordance with the terms, conditions, and 22.15purposes of the grant agreement controlling 22.16the acquisition of the property. The interest 22.17in real property, or any portion of the interest 22.18in real property, shall not be sold, transferred, 22.19pledged, or otherwise disposed of or further 22.20encumbered without obtaining the prior 22.21written approval of the Lessard-Sams 22.22Outdoor Heritage Council or its successor. 22.23The ownership of the interest in real property 22.24shall transfer to the state if: (1) the holder of 22.25the interest in real property fails to comply 22.26with the terms and conditions of the grant 22.27agreement or accomplishment plan; or 22.28(2) restrictions are placed on the land that 22.29preclude its use for the intended purpose as 22.30specified in the appropriation."

22.31Subd. 14.Real Property Interest Report

22.32By December 1 each year, a recipient of 22.33money appropriated under this section that 22.34is used for the acquisition of an interest in 22.35real property, including, but not limited to, 22.36an easement or fee title, must submit annual 23.1reports on the status of the real property to 23.2the Lessard-Sams Outdoor Heritage Council 23.3or its successor in a form determined by the 23.4council. The responsibility for reporting 23.5under this section may be transferred by 23.6the recipient of the appropriation to another 23.7person or entity that holds the interest in the 23.8real property. To complete the transfer of 23.9reporting responsibility, the recipient of the 23.10appropriation must: (1) inform the person to 23.11whom the responsibility is transferred of that 23.12person's reporting responsibility; (2) inform 23.13the person to whom the responsibility is 23.14transferred of the property restrictions under 23.15subdivision 13; (3) provide written notice 23.16to the council of the transfer of reporting 23.17responsibility, including contact information 23.18for the person to whom the responsibility is 23.19transferred; and (4) provide the Lessard-Sams 23.20Outdoor Heritage Council or its successor 23.21written documentation from the person or 23.22entity holding the interest in real property 23.23certifying its acceptance of all reporting 23.24obligations and responsibilities previously 23.25held by the recipient of the appropriation. 23.26After the transfer, the person or entity that 23.27holds the interest in the real property is 23.28responsible for reporting requirements under 23.29this section.

23.30Subd. 15.Successor Organizations

23.31The Lessard-Sams Outdoor Heritage council 23.32may approve the continuation of a project 23.33with an organization that has adopted a new 23.34name. Continuation of a project with an 23.35organization that has undergone a significant 23.36change in mission, structure, or purpose 24.1will require: (1) notice to the chairs of 24.2committees with relevant jurisdiction; and (2) 24.3presentation by the Lessard-Sams Outdoor 24.4Heritage Council of proposed legislation 24.5either ratifying or rejecting continued 24.6involvement with the new organization.24.7    Sec. 3. Minnesota Statutes 2009 Supplement, section 85.53, is amended by adding a 24.8subdivision to read:24.9    Subd. 5.Restoration evaluations.Beginning July 1, 2011, the commissioner of 24.10natural resources shall convene a technical evaluation panel comprised of five members, 24.11including one technical representative from the Board of Water and Soil Resources, one 24.12technical representative from the Department of Natural Resources, one technical expert 24.13from the University of Minnesota or the Minnesota State Colleges and Universities, 24.14and two other representatives with expertise related to the project being evaluated. 24.15The commissioner may add a technical representative from a unit of federal or local 24.16government. The members of the technical evaluation panel may not be associated with 24.17the restoration, may vary depending upon the projects being reviewed, and shall avoid any 24.18potential conflicts of interest. Each year, the commissioner shall assign a coordinator to 24.19identify a sample of up to ten habitat restoration projects completed with parks and trails 24.20funding. The coordinator shall secure the restoration plans for the projects specified and 24.21direct the technical evaluation panel to evaluate the restorations relative to the law, current 24.22science, and the stated goals and standards in the restoration plan and, when applicable, to 24.23the Board of Water and Soil Resources' native vegetation establishment and enhancement 24.24guidelines. The coordinator shall summarize the findings of the panel and provide a report 24.25to the chairs of the respective house of representatives and senate policy and finance 24.26committees with jurisdiction over natural resources and spending from the parks and 24.27trails fund. The report shall determine if the restorations are meeting planned goals, any 24.28problems with the implementation of restorations, and, if necessary, recommendations on 24.29improving restorations. The report shall be focused on improving future restorations. Up 24.30to one-tenth of one percent of forecasted receipts from the parks and trails fund may be 24.31used for restoration evaluations under this section.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. In making recommendations, the council shall consider a range of options that 25.9would best restore, protect, and enhance wetlands, prairies, forests, and habitat for fish, 25.10game, and wildlife, and shall not adopt definitions of "restore", "protect", or "enhance" that 25.11would limit the council from considering options that are consistent with the Constitution. 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) Travel to and from scheduled and publicly noticed site visits by council members 26.25for the purposes of receiving information is not a violation of paragraph (a). Any decision 26.26or agreement to make a decision during the travel is a violation of paragraph (a).26.27(c) 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    Subd. 8.Revenues.When a parcel of land that was previously purchased with 26.33outdoor heritage funds is transferred to the state, the owner of the land shall disclose to the 26.34council and commissioner of natural resources:27.1(1) all revenues generated from activities on the land from the time the land was 27.2purchased with outdoor heritage funds until the land was transferred to the state;27.3(2) all holding costs associated with managing the land between the time of purchase 27.4with outdoor heritage funds and the time the land was transferred to the state; and27.5(3) the total net revenues as determined by subtracting the costs described in clause 27.6(2) from the revenues described in clause (1).27.7    Sec. 7. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision 27.8to read:27.9    Subd. 9.Lands in public domain.Money appropriated from the outdoor heritage 27.10fund shall not be used to purchase any land in fee title or a permanent conservation 27.11easement if the land in question is fully or partially owned by the state of Minnesota 27.12or a political subdivision of the state, unless: (1) the purchase creates additional direct 27.13benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat 27.14for fish, game, and wildlife; and (2) the purchase is approved by an affirmative vote of 27.15at least nine members of the council. At least 15 business days prior to a decision under 27.16this subdivision, the council shall submit the planned decision item to the Legislative 27.17Coordinating Commission. The planned decision item takes effect 15 business days 27.18after it is submitted by the council.27.19EFFECTIVE DATE.This section is effective July 1, 2010, and applies only to 27.20projects proposed after that date.27.21    Sec. 8. Minnesota Statutes 2008, section 97A.056, is amended by adding a subdivision 27.22to read:27.23    Subd. 10.Restoration evaluations.Beginning July 1, 2011, the commissioner of 27.24natural resources and the Board of Water and Soil Resources shall convene a technical 27.25evaluation panel comprised of five members, including one technical representative 27.26from the Board of Water and Soil Resources, one technical representative from the 27.27Department of Natural Resources, one technical expert from the University of Minnesota 27.28or the Minnesota State Colleges and Universities, and two representatives with expertise 27.29in the project being evaluated. The board and the commissioner may add a technical 27.30representative from a unit of federal or local government. The members of the technical 27.31evaluation panel may not be associated with the restoration, may vary depending upon 27.32the projects being reviewed, and shall avoid any potential conflicts of interest. Each year, 27.33the board and the commissioner shall assign a coordinator to identify a sample of up to 27.34ten habitat restoration projects completed with outdoor heritage funding. The coordinator 28.1shall secure the restoration plans for the projects specified and direct the technical 28.2evaluation panel to evaluate the restorations relative to the law, current science, and the 28.3stated goals and standards in the restoration plan and, when applicable, to the Board of 28.4Water and Soil Resources' native vegetation establishment and enhancement guidelines. 28.5The coordinator shall summarize the findings of the panel and provide a report to the chair 28.6of the Lessard-Sams Outdoor Heritage Council and the chairs of the respective house of 28.7representatives and senate policy and finance committees with jurisdiction over natural 28.8resources and spending from the outdoor heritage fund. The report shall determine if 28.9the restorations are meeting planned goals, any problems with the implementation of 28.10restorations, and, if necessary, recommendations on improving restorations. The report 28.11shall be focused on improving future restorations. Up to one-tenth of one percent of 28.12forecasted receipts from the outdoor heritage fund may be used for restoration evaluations 28.13under this section.28.14    Sec. 9. Minnesota Statutes 2009 Supplement, section 114D.50, is amended by adding a 28.15subdivision to read:28.16    Subd. 6.Restoration evaluations.Beginning July 1, 2011, the Board of Water and 28.17Soil Resources shall convene a technical evaluation panel comprised of five members, 28.18including one technical representative from the Board of Water and Soil Resources, one 28.19technical representative from the Department of Natural Resources, one technical expert 28.20from the University of Minnesota or the Minnesota State Colleges and Universities, and 28.21two representatives with expertise related to the project being evaluated. The board may 28.22add a technical representative from a unit of federal or local government. The members 28.23of the technical evaluation panel may not be associated with the restoration, may vary 28.24depending upon the projects being reviewed, and shall avoid any potential conflicts of 28.25interest. Each year, the board shall assign a coordinator to identify a sample of up to ten 28.26habitat restoration projects completed with clean water funding. The coordinator shall 28.27secure the restoration plans for the projects specified and direct the technical evaluation 28.28panel to evaluate the restorations relative to the law, current science, and the stated 28.29goals and standards in the restoration plan and, when applicable, to the Board of Water 28.30and Soil Resources' native vegetation establishment and enhancement guidelines. The 28.31coordinator shall summarize the findings of the panel and provide a report to the chairs 28.32of the respective house of representatives and senate policy and finance committees 28.33with jurisdiction over natural resources and spending from the clean water fund. The 28.34report shall determine if the restorations are meeting planned goals, any problems with 28.35the implementation of restorations, and, if necessary, recommendations on improving 29.1restorations. The report shall be focused on improving future restorations. Up to one-tenth 29.2of one percent of forecasted receipts from the clean water fund may be used for restoration 29.3evaluations under this section.29.4    Sec. 10. LAND MANAGEMENT RECOMMENDATIONS.29.5The commissioner of management and budget, in consultation with the 29.6commissioner of natural resources and the Board of Water and Soil Resources, shall 29.7prepare recommendations to the legislature on methods to accomplish the reasonable 29.8management, care, restoration, and protection of land acquired in fee title or easement. 29.9The commissioner of management and budget shall submit a report to the chairs of the 29.10house of representatives and senate committees and divisions with jurisdiction over 29.11environment and natural resources finance and cultural and outdoor resources finance by 29.12January 15, 2011.29.13    Sec. 11.  REPEALER.29.14Minnesota Statutes 2009 Supplement, sections 3.3006; and 84.02, subdivisions 4a, 29.156a, and 6b, are repealed.29.16ARTICLE 229.17CLEAN WATER FUND29.18    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; and29.32    (7) the chair of the Metropolitan Council or the chair's designee, who is chair of the 29.33advisory committee; and30.1(8) one official each from the counties of Chisago, Isanti, Sherburne, and Wright, 30.2appointed by the governor. 30.3    A local government unit in each of the seven counties in the metropolitan area 30.4and Chisago, Isanti, Sherburne, and Wright Counties must be represented in the seven30.511 appointments made under clauses (5),and (6), and (8). 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 2012. 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:

30.1330.14Sec. 4. POLLUTION CONTROL AGENCY$24,076,000$27,285,00027,630,000

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; and31.4(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; 32.28and32.29(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 $490,00033.23the 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. Up to 34.1$145,000 of the appropriation in the second 34.2year may be used to complete work required 34.3under section 28, paragraph (c).34.4(h) $350,000 the first year and $400,00034.5$600,000 the second year are for a restoration 34.6project in the lower St. Louis River and 34.7Duluth harbor in order to improve water 34.8quality. This appropriation must be matched 34.9by nonstate money at a rate of at least $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 103B.702. 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 103B.702. 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 103B.701. * (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. CLEAN WATER FUND; 2009 APPROPRIATION ADJUSTMENTS.36.32The appropriations in fiscal years 2011 and 2012 to the Department of Natural 36.33Resources for high-resolution digital elevation data in Laws 2009, chapter 172, article 2, 36.34section 5, paragraph (d), are available until June 30, 2012.37.1    Sec. 4. CLEAN WATER FUND APPROPRIATIONS.37.2    Subdivision 1.Pollution Control Agency.$600,000 in fiscal year 2011 is 37.3appropriated from the clean water fund to the commissioner of the Pollution Control 37.4Agency to continue rulemaking to establish water quality standards for total nitrogen and 37.5nitrate nitrogen. This is a onetime appropriation.37.6    Subd. 2.Department of Natural Resources.The $5,000,000 appropriated 37.7in Laws 2009, chapter 172, article 2, section 4, paragraph (m), for activities relating 37.8to groundwater protection or prevention of groundwater degradation is canceled and 37.9$4,000,000 is appropriated in fiscal year 2011 to the commissioner of natural resources for 37.10the following purposes:37.11(1) establish a groundwater monitoring network in the 11-county metropolitan area 37.12that monitors non-stressed systems to provide information on aquifer characteristics and 37.13natural water level trends; and37.14(2) develop an automated data system to capture groundwater level and water use 37.15data to enhance the evaluation of water resource changes in aquifer systems that are 37.16stressed by pumping of existing wells. This is a onetime appropriation and is available 37.17until spent. The base funding for this program in fiscal year 2012 is $1,000,000 and $0 37.18in fiscal year 2013.37.19    Sec. 5. APPROPRIATION; WATER SUPPLY PLANNING ACTIVITIES.37.20$400,000 is appropriated in fiscal year 2011 from the clean water fund, pursuant to 37.21Minnesota Statutes, section 114D.50, to the Metropolitan Council to fund Metropolitan 37.22Council water supply planning activities under section 473.1565, for projects that 37.23include, but are not limited to, protection of the Seminary Fen and Valley Branch Trout 37.24Stream; lessening groundwater vulnerability by mapping glacial aquifers; creation of a 37.25comprehensive map of known groundwater contaminant plumes; and the design of plans 37.26that can be used by communities for reusing storm water. By January 15, 2011, the council 37.27shall report to the chairs and ranking minority members of the legislative committees 37.28and divisions that make recommendations for appropriations from the clean water fund 37.29on the outcomes of the council's water supply planning activities. This appropriation 37.30is onetime and available until expended.37.31    Sec. 6. APPROPRIATIONS; BOARD OF WATER AND SOIL RESOURCES.37.32(a) $100,000 in fiscal year 2011 is appropriated from the clean water fund to the 37.33Board of Water and Soil Resources for the purpose of establishing a micro-grants pilot 38.1program to engage citizen volunteers and to match private sector resources to complete 38.2projects with long-term water quality restoration or protection benefits for Minnesota 38.3lakes and rivers.38.4(b) $400,000 in fiscal year 2011 is appropriated from the clean water fund to the 38.5Board of Water and Soil Resources to purchase and restore permanent conservation 38.6easements on riparian buffers of up to 120 feet adjacent to public waters, excluding 38.7wetlands, to keep water on the land in order to decrease sediment, pollutant, and nutrient 38.8transport, reduce hydrologic impacts to surface waters, and increase infiltration for 38.9groundwater recharge. The riparian buffers must be at least 50 feet unless there is a 38.10natural impediment, a road, or other impediment beyond the control of the landowner. 38.11This appropriation may be used for restoration of riparian buffers protected by easements 38.12purchased with this appropriation and for stream bank restorations when the riparian 38.13buffers have been restored. Up to five percent may be used for administration of this 38.14program and up to five percent may be used for technical design, construction, and project 38.15oversight.38.16(c) $400,000 in fiscal year 2011 is appropriated from the clean water fund to the 38.17Board of Water and Soil Resources for grants to watershed districts and watershed 38.18management organizations for: (1) structural or vegetative management practices that 38.19reduce storm water runoff from developed or disturbed lands to reduce the movement of 38.20sediment, nutrients, and pollutants or to leverage federal funds for restoration, protection, 38.21or enhancement of water quality in lakes, rivers, and streams and to protect groundwater 38.22and drinking water; and (2) the installation of proven and effective water retention 38.23practices including, but not limited to, rain gardens and other vegetated infiltration basins 38.24and sediment control basins in order to keep water on the land. The projects must be 38.25of long-lasting public benefit, include a local match, and be consistent with TMDL 38.26implementation plans or local water management plans. Watershed district and watershed 38.27management organization staff and administration may be used for the local match. 38.28Priority may be given to school projects that can be used to demonstrate water retention 38.29practices. Up to five percent may be used for administering the grants and up to five 38.30percent may be used for technical design, construction, and project oversight.38.31(d) $300,000 in fiscal year 2011 is appropriated from the clean water fund to the 38.32Board of Water and Soil Resources for permanent conservation easements on wellhead 38.33protection areas under Minnesota Statutes, section 103F.515, subdivision 2, paragraph 38.34(d). Priority must be placed on land that is located where the vulnerability of the drinking 38.35water supply management area, as defined under Minnesota Rules, part 4720.5100, 38.36subpart 13, is designated as high or very high by the commissioner of health. Up to five 39.1percent may be used for administration of this program and up to five percent may be used 39.2for technical design, construction, and project oversight.39.3(e) The appropriations in fiscal year 2011 to the Board of Water and Soil Resources in 39.4Laws 2009, chapter 172, article 2, section 6, are available until June 30, 2012, and, unless 39.5otherwise specified, may utilize up to five percent for administration of grant and easement 39.6programs and up to five percent for technical design, construction, and project oversight.39.7ARTICLE 339.8GENERAL PROVISIONS39.9    Section 1. Minnesota Statutes 2008, section 3.9741, is amended by adding a 39.10subdivision to read:39.11    Subd. 3.Legacy funds.The outdoor heritage fund, the clean water fund, the parks 39.12and trails fund, and the arts and cultural heritage fund must each reimburse the general 39.13fund, in the manner prescribed in section 16A.127, for costs incurred by the legislative 39.14auditor in examining financial activities relating to each fund.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 COMMITTEE GUIDE.41.5A legislativecommittee guide shall be recommendedmay be developed by the 41.6house of representatives committee with jurisdiction over cultural and outdoor resources 41.7expenditures 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; and41.21(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(a) By September 1, 2010, the Minnesota Board of the Arts, in consultation with 41.26the Department of Natural Resources,  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. If, by 41.29September 15, 2010, the Minnesota Board of the Arts has not selected a logo design, the 41.30Department of Natural Resources shall assume the task of sponsoring the logo contest and 41.31design selection solely.41.32(b) 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. FUNDS CARRYOVER.42.5Unless otherwise provided, the amounts appropriated in Laws 2009, chapter 172, 42.6are available until June 30, 2011. For acquisition of an interest in real property, the 42.7amounts in Laws 2009, chapter 172, are available until June 30, 2012. If a project receives 42.8federal funds, the time period of the appropriation is extended to equal the availability 42.9of federal funding.42.10    Sec. 7. PARKS.42.11The Minneapolis Park and Recreation Board may acquire all or part of the entire 42.12property known as the Scherer Brothers Lumber Yard for a metropolitan area regional 42.13park and may allocate any future appropriations to the board from the parks and trails fund 42.14to acquire the property.42.15EFFECTIVE DATE.This section is effective the day after the Minneapolis 42.16Park Board timely completes compliance with Minnesota Statutes, section 645.021, 42.17subdivisions 2 and 3.42.18    Sec. 8. USE OF CARRYFORWARD.42.19The restrictions in Minnesota Statutes, section 16A.281, on the use of money carried 42.20forward from one biennium to another shall not apply to money the legislative auditor 42.21carried forward from the previous biennium for use in fiscal years 2010 and 2011. The 42.22legislative auditor may use the carry forward money for costs related to the conduct of 42.23audits related to funds authorized in the Minnesota Constitution, Article XI, section 15.42.24    Sec. 9.  REPEALER.42.25Laws 2009, chapter 172, article 5, section 9, is repealed.42.26ARTICLE 442.27ENVIRONMENT AND NATURAL RESOURCES42.28    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 other governmental units, including tribal governments, and 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 gift 43.12card, 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; and44.3    (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 and other governmental units, including tribal 44.14governments, 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 and other governmental units, including tribal 44.23governments, 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    Subd. 3a.Joint applications for residential use.An application for a utility 45.4license may cover more than one type of utility if the utility lines are being installed for 45.5residential use only. Separate applications submitted by utilities for the same crossing 45.6shall be joined together and processed as one application, provided that the applications 45.7are submitted within one year of each other and the utility lines are for residential use only. 45.8The application fees for a joint application or separate applications subsequently joined 45.9together shall be as if only one application was submitted.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 $1,750 for a public water crossing 45.16license and a supplemental application fee of $4,500 $3,000 for a public lands crossing 45.17license, to cover reasonable costs for reviewing the application and preparing the license; 45.18and45.19(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(d) If the fees collected under paragraph (a), clause (1), are not sufficient to cover 45.31the costs of reviewing the applications and preparing the licenses, the commissioner shall 45.32improve efficiencies and otherwise reduce department costs and activities to ensure the 45.33revenues raised under paragraph (a), clause (1), are sufficient, and that no other funds are 45.34necessary to carry out the requirements.46.1    Sec. 7. Minnesota Statutes 2008, section 84.777, subdivision 2, is amended to read:46.2    Subd. 2. Off-highway vehicle seasons seasonal restrictions. (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: (1)  outside of the seasons prescribed under this paragraph; or (2) during the firearms 46.6deer hunting season in areas of the state where deer may be taken by rifle. This paragraph 46.7does not apply to a person in possession of a valid deer hunting license operating an 46.8off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.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 
         282.011.46.14EFFECTIVE DATE.This section is effective the day following final enactment.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, an Indian tribal government, 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; or46.21(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; or47.1(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(f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may 47.13operate an off-highway motorcycle on public lands or waters if the nonresident youth has 47.14in possession evidence of completing an off-road safety course offered by the Motorcycle 47.15Safety Foundation or another state as provided in section 84.791, subdivision 4.47.16EFFECTIVE DATE.This section is effective the day following final enactment.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, an Indian tribal government, the state, 47.20another state, or a political subdivision; or47.21(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(d) The onetime fee for registration of an exempt snowmobile under subdivision 47.346a is $6.48.1    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, an Indian tribal government, 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; or48.13    (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    Subd. 6a.Exemption; collector unlimited snowmobile use.Snowmobiles may be 48.17issued an exempt registration if the machine is at least 25 years old. Exempt registration is 48.18valid from the date of issuance until ownership of the snowmobile is transferred. Exempt 48.19registrations are not transferable.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, an Indian tribal 49.4government, 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; or49.10    (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 1,000 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 1,000 to 1,500 1,800 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, an Indian tribal government, 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; and49.31(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; and50.1    (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    Subd. 2b.Collector unlimited use; exempt registration.All-terrain vehicles may 50.6be issued an exempt registration if requested and the machine is at least 25 years old. 50.7Exempt registration is valid from the date of issuance until ownership of the all-terrain 50.8vehicle is transferred. Exempt registrations are not transferable.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; and50.15    (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) The onetime fee for registration of an all-terrain vehicle under subdivision 2b 50.23is $6.50.24(e) 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 ofup to the established fee 51.11amount for class materialmaterials 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; or51.28    (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 vehicle51.35by 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; and52.5    (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(i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than 52.1916 years old, may make a direct crossing of a public road right-of-way of a trunk, county 52.20state-aid, or county highway or operate an all-terrain vehicle on public lands and waters 52.21or state or grant-in-aid trails if:52.22(1) the nonresident youth has in possession evidence of completing an all-terrain 52.23safety course offered by the ATV Safety Institute or another state as provided in section 52.2484.925, subdivision 3; and52.25(2) the nonresident youth is accompanied by a person 18 years of age or older who 52.26holds a valid driver's license.52.27EFFECTIVE DATE.This section is effective the day following final enactment.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; or53.13    (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.; or53.15(3) a nonresident operating an all-terrain vehicle that is registered according to 53.16section 84.922.53.17EFFECTIVE DATE.This section is effective the day following final enactment.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:54.4(1) that is part of a funded grant-in-aid trail; or54.5(2) 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; and54.8    (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; or54.14    (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.(a) 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(b) 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(c) Notwithstanding section 84.9256, subdivision 1, paragraph (b), a person under 55.1112 years of age may operate an all-terrain vehicle in an organized contest on public lands 55.12or waters, if the all-terrain vehicle has an engine capacity of 90cc or less, the person 55.13complies with section 84.9256, subdivision 1, paragraph (h), and the person is supervised 55.14by a person 18 years of age or older.55.15EFFECTIVE DATE.This section is effective the day following final enactment.55.16    Sec. 25. Minnesota Statutes 2008, section 84D.10, is amended by adding a subdivision 55.17to read:55.18    Subd. 4.Persons leaving public waters.(a) A person leaving waters of the state 55.19must drain boating-related equipment holding water and live wells and bilges by removing 55.20the drain plug before transporting the watercraft and associated equipment on public 55.21roads. Drain plugs, bailers, valves, or other devices used to control the draining of water 55.22from ballast tanks, bilges, and live wells must be removed or opened while transporting 55.23watercraft on a public road. Marine sanitary systems and portable bait containers are 55.24excluded from this requirement. A person must not dispose of bait in waters of the state.55.25(b) The commissioner shall report, by January 15 of each odd-numbered year, to 55.26the chairs and ranking minority members of the house of representatives and senate 55.27committees and divisions having jurisdiction over water resources policy and finance. The 55.28report shall advise the legislature on additional measures to protect state water resources 55.29from human transport of invasive species.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, for infested waters and from 56.15watercraft and equipment, other than marine sanitary systems and portable bait containers 56.16 before leaving designated zebra mussel, spiny water flea, or other invasive plankton 56.17infested waters of the state, $50; and56.18(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;57.1(4) The Matthew Lourey Trail shall originate in Duluth in St. Louis County and 57.2extend southerly to St. Croix State Forest in Pine County.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 Hinckley in 57.18Pine 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 state parks working capital 58.6account. The appropriation under section 85.22 for revenue deposited in this section is 58.7limited to $25,000 per fiscal year.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.58.12EFFECTIVE DATE.This section is effective July 1, 2011.58.13    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, and a daily park permit to any resident 58.18veteran with any level of service-connected disability, as determined by the United States 58.19Department of Veterans Affairs, who presents each year a copy of their the veteran's58.20determination letter to a park attendant or commissioner's designee. For the purposes of 58.21this section, "veteran" has the meaning given in section 
         197.447.58.22EFFECTIVE DATE.This section is effective July 1, 2010.58.23    Sec. 31. Minnesota Statutes 2008, section 85.22, subdivision 5, is amended to read:58.24    Subd. 5. Exemption. Purchases for resale or rental made from the state parks 58.25working capital fund account 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 state water trails 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, Blue Earth, 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, 59.6kayak, and watercraft travelers.59.7    Sec. 33. Minnesota Statutes 2008, section 85.41, subdivision 3, is amended to read:59.8    Subd. 3. Exemptions.(a) 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(b) Unless otherwise exempted under paragraph (a), students, teachers, and 59.18supervising adults engaged in school-sanctioned activities or youth activities sponsored by 59.19a nonprofit organization are exempt from the pass requirements in subdivision 1.59.20(c) A resident that is in the armed forces of the United States, stationed outside of 59.21the state, and in the state on leave is exempt from the pass requirement in subdivision 1 if 59.22the resident possesses official military leave papers.59.23(d) A resident who has served at any time during the preceding 24 months in federal 59.24active service, as defined in section 190.05, subdivision 5c, outside the United States as 59.25a member of the National Guard, or as a reserve component or active duty member of 59.26the United Stated armed forces and has been discharged from active service is exempt 59.27from the pass requirement in subdivision 1 if the resident possesses official military 59.28discharge papers.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 $19 for an individual age 16 59.32and over. The fee for a three-year pass is $39 $54 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 $5 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(a) 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 60.14the following purposes:60.15(1) grants-in-aid for cross-country ski trails sponsored by local units of government60.16to:60.17(i) counties and municipalities for construction and maintenance of cross-country 60.18ski trails; and60.19(ii) special park districts as provided in section 
         85.44 for construction and 60.20maintenance of cross-country ski trails; and60.21(2) administration of the cross-country ski trail grant-in-aid program.60.22(b) Development and maintenance of state cross-country ski trails are eligible for 60.23funding from the cross-country ski account if the money is appropriated by law.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 state60.29trails, in state parks, in state recreation areas, and in state forests, on lands administered by 60.30the commissioner, except forest roads and forest roads rights-of-way, 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 trailproperty 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 trail61.28passes 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 trailpass 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 trail62.3pass 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 land administered by the commissioner.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, for scientific and natural 62.22areas, 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, an Indian tribal government, 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; and63.9(9) a nonmotorized watercraft nine feet in length or less.63.10EFFECTIVE DATE.This section is effective the day following a notice published 63.11in the State Register by the commissioner of natural resources that the change in clause 63.12(3) has been approved by the United States Coast Guard pursuant to Code of Federal 63.13Regulations, title 33, section 174.7.63.14    Sec. 39. Minnesota Statutes 2008, section 86B.501, is amended by adding a 63.15subdivision to read:63.16    Subd. 4.Rowing team members; personal flotation devices.Notwithstanding 63.17subdivision 1, a member of a rowing team that is sanctioned by an academic or nonprofit 63.18entity is not required to wear or possess, and no local ordinance or rule may require a 63.19member of a rowing team to wear or possess, a personal flotation device in a racing shell 63.20if a chase boat carrying the devices prescribed under subdivision 1 accompanies the racing 63.21shell. The requirement for a chase boat does not apply on waters where it is preempted by 63.22federal regulations.63.23EFFECTIVE DATE.This section is effective the day following final enactment.63.24    Sec. 40. Minnesota Statutes 2008, section 88.17, subdivision 1, is amended to read:63.25    Subdivision 1. Permit Permission required. (a) A permit Permission 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; or63.31(2) an electronic permit issued by the commissioner, an agent authorized by the 63.32commissioner, or an Internet site authorized by the commissioner; or64.1(3) a general permit adopted by the county board of commissioners according to 64.2paragraph (c).64.3(b) Written and electronic 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(c) A general burning permit may be adopted by the county board of commissioners 64.14in counties that are determined by the commissioner either to not be wildfire areas as 64.15defined in section 88.01, subdivision 6, or to otherwise have low potential for damage 64.16to life and property from wildfire. The commissioner shall consider the history of and 64.17potential for wildfire; the distribution of trees, brush, grasslands, and other vegetative 64.18material; and the distribution of property subject to damage from escaped fires. Upon a 64.19determination by the commissioner and adoption by a vote of the county board, permission 64.20for open burning is extended to all residents in the county without the need for individual 64.21written or electronic permits under this subdivision, provided burning conforms to all 64.22other provisions of this chapter, including those related to responsibility to control and 64.23extinguish fires, no burning of prohibited materials, and liability for damages caused by 64.24violations of this chapter.64.25(d) Upon adoption of a general burning permit, a county must establish specific 64.26regulations by ordinance, to include at a minimum the time when and conditions under 64.27which fires may be started and burned. No ordinance may be less restrictive than state law.64.28(e) At any time when the commissioner or the county board determines that a general 64.29burning permit is no longer in the public interest, the general permit may be canceled 64.30by the commissioner or the county board.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, dimensions of the site and burn pile areas, hours and dates of operation, 65.20and provisions for smoke management; and65.21(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 and operated so as not to create a nuisance or endanger water quality. The 65.28commissioner shall revoke the permit or order actions to mitigate threats to public health, 65.29safety, and the environment in the event that permit conditions are violated.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.Notwithstanding 65.32section 16A.1283, the commissioner of natural resources may charge the owner, by 65.33written order published in the State Register, establish fees the commissioner determines 65.34to be fair and reasonable that are charged to owners receiving such services such sums 65.35as the commissioner shall determine to be fair and reasonable under subdivision 1. The 66.1charges must account for differences in the value of timber and other benefits. The receipts 66.2from such the 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.66.6Notwithstanding the permit procedures of chapter 90, 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 21 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 Public 66.17access to the leased land for outdoor recreation shall be the same as access would be 66.18under state management.66.19    Sec. 44. Minnesota Statutes 2008, section 90.041, is amended by adding a subdivision 66.20to read:66.21    Subd. 9.Reoffering unsold timber.To maintain and enhance forest ecosystems on 66.22state forest lands, the commissioner may reoffer timber tracts remaining unsold under the 66.23provisions of section 90.101 below appraised value at public auction with the required 66.2430-day notice under section 90.101, subdivision 2.66.25    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; and67.6(3) no sale may be made to a person having more than 20 30 employees. For the 67.7purposes of this clause, "employee" means an individual working in the timber or wood 67.8products industry 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(c) Another bidder or the commissioner may request that the number of employees a 67.14bidder has pursuant to paragraph (a), clause (3), be confirmed if there is evidence that the 67.15bidder may be ineligible due to exceeding the employee threshold. The commissioner 67.16shall request information from the commissioners of labor and industry and employment 67.17and economic development including the premiums paid by the bidder in question 67.18for workers' compensation insurance coverage for all employees of the bidder. The 67.19commissioner shall review the information submitted by the commissioners of labor and 67.20industry and employment and economic development and make a determination based on 67.21that information as to whether the bidder is eligible. A bidder is considered eligible and 67.22may participate in intermediate auctions until determined ineligible under this paragraph.67.23EFFECTIVE DATE.This section is effective retroactively from July 1, 2006.67.24    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 that must be received or postmarked within 14 days of the date of the sealed bid 68.17opening. 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 commissioner shall require the purchaser shallto 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) for any bid increase in excess of $5,000 of the appraised value. If thea required 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 68.33commissionerowners of private property where beaver dams are located to take action 68.34to reduce the threat. A permit is not required for an action ordered by the court. The 69.1action may include destruction or alteration of beaver dams and removal of beaver. This 69.2subdivision does not apply to state parks, state game refuges, and federal game refuges.69.3    Sec. 48. [103A.212] WATERSHED MANAGEMENT POLICY.69.4    The quality of life of every Minnesotan depends on water. Minnesota's rivers, lakes, 69.5streams, wetlands, and groundwater provide a foundation for drinking water and the state's 69.6recreational, municipal, commercial, industrial, agricultural, environmental, aesthetic, and 69.7economic well-being. The legislature finds that it is in the public interest to manage 69.8groundwater and surface water resources from the perspective of aquifers, watersheds, 69.9and river basins to achieve protection, preservation, enhancement, and restoration of the 69.10state's valuable groundwater and surface water resources.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;103G.287; 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    Subd. 10.Decisions; review and approval.Decisions of the Star Lake Board 69.23regarding the criteria used to designate a lake or river as a "Minnesota Star Lake" or 69.24"Minnesota Star River," as well as a decision to award grants, are subject to the review 69.25and approval of the Board of Water and Soil Resources.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 listmap 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); or70.13(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); and70.32(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; and71.3(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. [103G.282] MONITORING TO EVALUATE IMPACTS FROM 71.12APPROPRIATIONS.71.13    Subdivision 1.Monitoring equipment.The commissioner may require the 71.14installation and maintenance of monitoring equipment to evaluate water resource impacts 71.15from permitted appropriations and proposed projects that require a permit. Monitoring for 71.16water resources that supply more than one appropriator must be designed to minimize 71.17costs to individual appropriators.71.18    Subd. 2.Measuring devices required.Monitoring installations required under 71.19subdivision 1 must be equipped with automated measuring devices to measure water 71.20levels, flows, or conditions. The commissioner may determine the frequency of 71.21measurements and other measuring methods based on the quantity of water appropriated 71.22or used, the source of water, potential connections to other water resources, the method 71.23of appropriating or using water, seasonal and long-term changes in water levels, and any 71.24other facts supplied to the commissioner.71.25    Subd. 3.Reports and costs.(a) Records of water measurements under subdivision 71.262 must be kept for each installation. The measurements must be reported annually to the 71.27commissioner on or before February 15 of the following year in a format or on forms 71.28prescribed by the commissioner.71.29(b) The owner or person in charge of an installation for appropriating or using 71.30waters of the state or a proposal that requires a permit is responsible for all costs related 71.31to establishing and maintaining monitoring installations and to measuring and reporting 71.32data. Monitoring costs for water resources that supply more than one appropriator may be 71.33distributed among all users within a monitoring area determined by the commissioner and 71.34assessed based on volumes of water appropriated and proximity to resources of concern.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 
         97C.02172.497C.005 must be limited to temporary appropriations. 72.5    Sec. 55. [103G.287] GROUNDWATER APPROPRIATIONS.72.6    Subdivision 1.Applications for groundwater appropriations.(a) Groundwater 72.7use permit applications are not complete until the applicant has supplied:72.8(1) a water well record as required by section 103I.205, subdivision 9, information 72.9on the subsurface geologic formations penetrated by the well and the formation or aquifer 72.10that will serve as the water source, and geologic information from test holes drilled to 72.11locate the site of the production well;72.12(2) the maximum daily, seasonal, and annual pumpage rates and volumes being 72.13requested;72.14(3) information on groundwater quality in terms of the measures of quality 72.15commonly specified for the proposed water use and details on water treatment necessary 72.16for the proposed use;72.17(4) an inventory of existing wells within 1-1/2 miles of the proposed production well 72.18or within the area of influence, as determined by the commissioner. The inventory must 72.19include information on well locations, depths, geologic formations, depth of the pump or 72.20intake, pumping and nonpumping water levels, and details of well construction; and72.21(5) the results of an aquifer test completed according to specifications approved by 72.22the commissioner. The test must be conducted at the maximum pumping rate requested 72.23in the application and for a length of time adequate to assess or predict impacts to other 72.24wells and surface water and groundwater resources. The permit applicant is responsible 72.25for all costs related to the aquifer test, including the construction of groundwater and 72.26surface water monitoring installations, and water level readings before, during, and after 72.27the aquifer test.72.28(b) The commissioner may waive an application requirement in this subdivision 72.29if the information provided with the application is adequate to determine whether the 72.30proposed appropriation and use of water is sustainable and will protect ecosystems, water 72.31quality, and the ability of future generations to meet their own needs.72.32    Subd. 2.Relationship to surface water resources.Groundwater appropriations 72.33that have potential impacts to surface waters are subject to applicable provisions in 72.34section 103G.285.73.1    Subd. 3.Protection of groundwater supplies.The commissioner may establish 73.2water appropriation limits to protect groundwater resources. When establishing water 73.3appropriation limits to protect groundwater resources, the commissioner must consider 73.4the sustainability of the groundwater resource, including the current and projected water 73.5levels, water quality, whether the use protects ecosystems, and the ability of future 73.6generations to meet their own needs.73.7    Subd. 4.Groundwater management areas.The commissioner may designate 73.8groundwater management areas and limit total annual water appropriations and uses within 73.9a designated area to ensure sustainable use of groundwater that protects ecosystems, water 73.10quality, and the ability of future generations to meet their own needs. Water appropriations 73.11and uses within a designated management area must be consistent with a plan approved by 73.12the commissioner that addresses water conservation requirements and water allocation 73.13priorities established in section 103G.261.73.14    Subd. 5.Interference with other wells.The commissioner may issue water use 73.15permits for appropriation from groundwater only if the commissioner determines that the 73.16groundwater use is sustainable to supply the needs of future generations and the proposed 73.17use will not harm ecosystems, degrade water, or reduce water levels beyond the reach 73.18of public water supply and private domestic wells constructed according to Minnesota 73.19Rules, chapter 4725.73.20    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 103G.295;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; or74.3(3) (2) 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; and74.13(3) applicable law existing before or after the issuance of the permit.74.14(b) Permits issued to irrigate agricultural land under section 103G.295, 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 removal provides 74.23the lowest cost solution and:74.24(1) that continued existence of the structure presents a significant public safety 74.25hazard, or prevents restoration of an important fisheries resource,; or 74.26(2) 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) A fee for a permit for the control of rooted aquatic vegetation in a public 75.11water basin that is 20 acres or less in size shall be one-half of the fee established under 75.12paragraph (a).75.13(e) The money received for the permits under this subdivision shall be deposited in 75.14the treasury and credited to the water recreation account.75.15EFFECTIVE DATE.This section is effective August 1, 2010.75.16    Sec. 61. [103G.651] REMOVING SUNKEN LOGS FROM PUBLIC WATERS.75.17The commissioner of natural resources must not issue leases to remove sunken logs 75.18or issue permits for the removal of sunken logs from public waters.75.19    Sec. 62. Minnesota Statutes 2008, section 115.55, is amended by adding a subdivision 75.20to read:75.21    Subd. 13.Subsurface sewage treatment systems implementation and 75.22enforcement task force.(a) By September 1, 2010, the agency shall appoint a subsurface 75.23sewage treatment systems implementation and enforcement task force in collaboration 75.24with the Association of Minnesota Counties, Minnesota Association of Realtors, 75.25Minnesota Association of County Planning and Zoning Administrators, and the Minnesota 75.26Onsite Wastewater Association. The agency shall work in collaboration with the task 75.27force to develop effective and timely implementation and enforcement methods in order to 75.28rapidly reduce the number of subsurface sewage treatment systems that are an imminent 75.29threat to public health or safety and effectively enforce all violations of the subsurface 75.30sewage treatment system rules. The agency shall meet at least three times per year with 75.31the task force to address implementation and enforcement issues. The meetings shall be 75.32scheduled so that they do not interfere with the construction season.75.33(b) The agency, in collaboration with the task force and in consultation with the 75.34attorney general, county attorneys, and county planning and zoning staff, shall develop, 76.1periodically update, and provide to counties enforcement protocols and a checklist that 76.2county inspectors, field staff, and others may use when inspecting subsurface sewage 76.3treatment systems and enforcing subsurface sewage treatment system rules.76.4EFFECTIVE DATE.This section is effective the day following final enactment.76.5    Sec. 63. Minnesota Statutes 2008, section 116.07, subdivision 4, is amended to read:76.6    Subd. 4. Rules and standards.(a) 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    (b) 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(c) 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. The rules shall provide criteria for locating landfills 77.4based on a site's sensitivity to groundwater contamination. Sensitivity to groundwater 77.5contamination is based on the predicted minimum time of travel of groundwater 77.6contaminants from the solid waste to the compliance boundary. The rules shall prohibit 77.7landfills in areas where karst is likely to develop. The rules shall specify testable or 77.8otherwise objective thresholds for these criteria. 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. The modifications to 77.11the financial assurance rules specified in this paragraph must require that a solid waste 77.12disposal facility subject to them maintain financial assurance so long as the facility poses a 77.13potential environmental risk to human health, wildlife, or the environment, as determined 77.14by the agency following an empirical assessment. The financial assurance and siting 77.15modifications to the rules specified in this paragraph do not apply to:77.16(1) solid waste facilities initially permitted before January 1, 2011, including future 77.17contiguous expansions and noncontiguous expansions within 600 yards of a permitted 77.18boundary;77.19(2) solid waste disposal facilities that accept only construction and demolition debris 77.20and incidental nonrecyclable packaging, and facilities that accept only industrial waste 77.21that is limited to wood, concrete, porcelain fixtures, shingles, or window glass resulting 77.22from the manufacture of construction materials; and77.23(3) requirements for permit by rule solid waste disposal facilities.77.24(d) Until the rules are modified as provided in paragraph (c) 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; and78.7    (iii) is located within three miles of the existing ash disposal facility for the power 78.8plant; or78.9    (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    (e) 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    (f) 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    (g) 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    (h) 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.79.5EFFECTIVE DATE.This section is effective the day following final enactment.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(d) The commissioner shall consult with the commissioner of management and 80.27budget for guidance on the forms of financial assurance that are acceptable for private 80.28owners and public owners, and in carrying out a periodic review of the adequacy of 80.29financial assurance for solid waste disposal facilities. Financial assurance rules shall 80.30allow financial mechanisms to public owners of solid waste disposal facilities that are 80.31appropriate to their status as subdivisions of the state.80.32EFFECTIVE DATE.This section is effective the day following final enactment.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; or82.10(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; and82.15(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) The responsible governmental unit shall, to the extent practicable, avoid 82.36duplication and ensure coordination between state and federal environmental review 83.1and between environmental review and environmental permitting. 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    Subd. 14.Customized environmental assessment worksheet forms; electronic 83.16submission.(a) The commissioners of natural resources and the Pollution Control 83.17Agency and the board shall periodically review mandatory environmental assessment 83.18worksheet categories under rules adopted under this section, and other project types that 83.19are frequently subject to environmental review, and develop customized environmental 83.20assessment worksheet forms for the category or project type. The forms must include 83.21specific questions that focus on key environmental issues for the category or project type. 83.22In assessing categories and project types and developing forms, the board shall seek 83.23the input of governmental units that are frequently responsible for the preparation of a 83.24worksheet for the particular category or project type. The commissioners and the board 83.25shall also seek input from the general public on the development of customized forms. 83.26The commissioners and board shall make the customized forms available online.83.27(b) The commissioners of natural resources and the Pollution Control Agency shall 83.28allow for the electronic submission of environmental assessment worksheets and permits.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. The commissioner may use funds appropriated for nongame wildlife 84.22programs for the purpose of developing, preserving, restoring, and maintaining wintering 84.23habitat for neotropical migrant birds in Latin America and the Caribbean under agreement 84.24or contract with any nonprofit organization dedicated to the construction, maintenance, and 84.25repair of such projects that are acceptable to the governmental agency having jurisdiction 84.26over the land and water affected by the projects. Under this authority, the commissioner 84.27may execute agreements and contracts if the commissioner determines that the use of the 84.28funds will benefit neotropical migrant birds that breed in or migrate through the state.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:

85.20Subd. 10.Transfers In

85.21(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 Laws 2007, First 86.5Special Session chapter 2, article 1, section 86.68, transferred to the appropriation in  Laws 86.72007, First Special Session chapter 2, article 86.81, section 5, for cost-share flood programs 86.9in southeastern Minnesota, 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. SCHOOL TRUST LANDS STUDY.86.19(a) By July 15, 2010, the commissioner of natural resources shall provide to 86.20the chairs of the house of representatives and the senate committees and divisions 86.21with primary jurisdiction over natural resources finance and education finance and the 86.22Permanent School Fund Advisory Committee information necessary to evaluate the 86.23effectiveness of the commissioner in managing school trust lands to successfully meet the 86.24goals contained in Minnesota Statutes, section 127A.31. The information to be provided 86.25shall include, but is not limited to:86.26(1) an accurate description of the school trust lands and their land classification;86.27(2) policies and procedures in place designed to meet the requirements of the 86.28fiduciary responsibility of the commissioner in management of the school trust lands; and86.29(3) financial information identifying the current revenues from the land 86.30classifications and the potential for future maximization of those revenues.86.31(b) By January 15, 2011, the commissioner of natural resources shall provide an 86.32analysis to the chairs of the house of representatives and senate committees and divisions 86.33with primary jurisdiction over natural resources finance and education finance and the 86.34Permanent School Fund Advisory Committee on the advantages and disadvantages of 87.1having a funding mechanism for compensating the permanent school fund for private and 87.2public use of school trust lands.87.3    Sec. 71. COON RAPIDS DAM COMMISSION.87.4    Subdivision 1.Establishment.(a) The Coon Rapids Dam Commission is 87.5established to perform the duties specified in subdivision 2.87.6(b) The commission consists of 15 voting members and three nonvoting members 87.7as follows:87.8(1) two members of the house of representatives, appointed by the speaker of the 87.9house, with one member from the minority caucus;87.10(2) two members of the senate appointed by the Subcommittee on Committees of the 87.11Committee on Rules and Administration, with one member from the minority caucus;87.12(3) the commissioner of natural resources or the commissioner's designee;87.13(4) the commissioner of energy or the commissioner's designee;87.14(5) two representatives of Three Rivers Park District, appointed by the Three Rivers 87.15Park District Board of Commissioners;87.16(6) one representative each from the counties of Anoka and Hennepin, appointed 87.17by the respective county boards;87.18(7) one representative each from the cities of Anoka, Brooklyn Park, Champlin, and 87.19Coon Rapids, appointed by the respective mayors;87.20(8) one representative from the Metropolitan Council, appointed by the council chair;87.21(9) one representative of the Mississippi National River and Recreation Area, 87.22appointed by the superintendent of the Mississippi National River and Recreation Area, 87.23who shall serve as a nonvoting member;87.24(10) one representative of the United States Army Corps of Engineers, appointed 87.25by the commander of the St. Paul District, United States Army Corps of Engineers, who 87.26shall serve as a nonvoting member; and87.27(11) one representative from the United States Fish and Wildlife Service, appointed 87.28by the regional director of the United States Fish and Wildlife Service, who shall serve 87.29as a nonvoting member.87.30(c) The commission shall elect a chair from among its members.87.31(d) Members of the commission shall serve a term of one year and may be 87.32reappointed for any successive number of terms.87.33(e) The Three Rivers Park District shall provide the commission with office space 87.34and staff and administrative services.87.35(f) Commission members shall serve without compensation.88.1    Subd. 2.Duties.The commission shall study options and make recommendations 88.2for the future of the Coon Rapids Dam, including its suitable public uses, governance, 88.3operation, and maintenance and financing of the dam and its operations. The commission 88.4shall consider economic, environmental, ecological, and other pertinent factors. The 88.5commission shall, by March 1, 2011, develop and present to the legislature and the 88.6governor an analysis and recommendations for the Coon Rapids Dam. The commission 88.7shall present its findings to the house of representatives and senate committees and 88.8divisions having jurisdiction over natural resources and energy policy.88.9    Subd. 3.Expiration.This section expires upon presentation of the commission's 88.10analysis and recommendations according to subdivision 2.88.11EFFECTIVE DATE.This section is effective the day following final enactment.88.12    Sec. 72. SOLID WASTE FACILITY FINANCIAL ASSURANCE 88.13MECHANISMS; INPUT.88.14Within six months after the effective date of this section, and before publishing 88.15the rules required for groundwater sensitivity and financial assurance in Minnesota 88.16Statutes, section 116.07, subdivision 4, the Pollution Control Agency shall consult with 88.17experts and interested persons on financial assurance adequacy for solid waste facilities, 88.18including, but not limited to, staff from the Department of Natural Resources, Minnesota 88.19Management and Budget, local governments, private and public landfill operators, and 88.20environmental groups. The commissioner shall seek the input to determine the adequacy 88.21of existing financial assurance rules to address environmental risks, the length of time 88.22financial assurance is needed, based on the threat to human health and the environment, 88.23the reliability of financial assurance in covering risks from land disposal of waste in 88.24Minnesota and other states, and the role of private insurance.88.25EFFECTIVE DATE.This section is effective the day following final enactment.88.26    Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE 88.27ADOPTION DELAY.88.28(a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may 88.29adopt an ordinance by February 4, 2012, to comply with the February 4, 2008, revisions 88.30to subsurface sewage treatment system rules. By April 4, 2011, the Pollution Control 88.31Agency shall adopt the final rule amendments to the February 4, 2008, subsurface sewage 88.32treatment system rules. A county must continue to enforce its current ordinance until a 88.33new one has been adopted.89.1(b) By January 15, 2011, the agency, after consultation with the Board of Water and 89.2Soil Resources and the Association of Minnesota Counties, shall report to the chairs and 89.3ranking minority members of the senate and house of representatives environment and 89.4natural resources policy and finance committees and divisions on:89.5(1) the technical changes in the rules for subsurface sewage treatment systems 89.6that were adopted on February 4, 2008;89.7(2) the progress in local adoption of ordinances to comply with the rules; and89.8(3) the progress in protecting the state's water resources from pollution due to 89.9subsurface sewage treatment systems.89.10EFFECTIVE DATE.This section is effective the day following final enactment.89.11    Sec. 74. DEPARTMENT OF NATURAL RESOURCES LONG-RANGE 89.12BUDGET ANALYSIS.89.13(a) The commissioner of natural resources, in consultation with the commissioner 89.14of management and budget, shall estimate the total amount of funding available from all 89.15sources for each of the following land management categories: wildlife management 89.16areas; state forests; scientific and natural areas; aquatic management areas; public water 89.17access sites; and prairie bank easements. The commissioner of natural resources shall 89.18prepare a ten-year budget analysis of the department's ongoing land management needs, 89.19including restoration of each parcel needing restoration. The analysis shall include:89.20(1) an analysis of the needs of wildlife management areas, including identification of 89.21internal systemwide guidelines on the proper frequency for activities such as controlled 89.22burns, tree and woody biomass removal, and brushland management;89.23(2) an analysis of state forest needs, including identification of internal systemwide 89.24guidelines on the proper frequency for forest management activities;89.25(3) an analysis of scientific and natural area needs, including identification of 89.26internal systemwide guidelines on the proper frequency for management activities;89.27(4) an analysis of aquatic management area needs, including identification of internal 89.28systemwide guidelines on the proper frequency for management activities; and89.29(5) an analysis of the needs of the state's public water access sites, including 89.30identification of internal systemwide guidelines on the proper frequency for management 89.31activities.89.32(b) The commissioner shall compare the estimate of the total amount of funding 89.33available to the department's ongoing management needs to determine:90.1(1) the amount necessary to manage, restore, and maintain existing wildlife 90.2management areas, state forests, scientific and natural areas, aquatic management areas, 90.3public water access sites, and prairie bank easements; and90.4(2) the amount necessary to expand upon the existing wildlife management areas, 90.5state forests, scientific and natural areas, aquatic management areas, public water access 90.6sites, and prairie bank easement programs, including the feasibility of the department's 90.7existing long-range plans, if applicable, for each program.90.8(c) The commissioner of natural resources shall submit the analysis to the chairs of 90.9the house of representatives and senate committees with jurisdiction over environment 90.10and natural resources finance and cultural and outdoor resources finance by November 90.1115, 2010.90.12EFFECTIVE DATE.This section is effective the day following final enactment.90.13    Sec. 75. WIND ENERGY SYSTEMS ON STATE-OWNED LANDS; REPORT.90.14By February 15, 2011, the commissioner of natural resources shall report to the 90.15senate and house of representatives environment and natural resource policy and finance 90.16committees and divisions on the use of state-owned lands for wind energy systems. The 90.17report shall include:90.18(1) information on the benefits and costs of using state-owned lands for wind energy 90.19systems;90.20(2) the effects of wind energy systems on state-owned lands;90.21(3) recommendations for a regulatory system and restrictions that will be necessary 90.22to protect the state's land and water resources when using state-owned lands for wind 90.23energy systems; and 90.24(4) identification of state-owned lands that would be suitable for wind energy 90.25systems and state-owned lands that would be unsuitable, including recommendations for 90.26restrictions on the use of state-owned lands based on their designation as units of the 90.27outdoor recreation system under Minnesota Statutes, section 86A.05.90.28    Sec. 76. APPROPRIATION; DEPARTMENT OF NATURAL RESOURCES 90.29PEACE OFFICER TRAINING.90.30(a) $145,000 in fiscal year 2011 is appropriated from the game and fish fund to 90.31the commissioner of natural resources for peace officer training for employees of the 90.32Department of Natural Resources who are licensed under Minnesota Statutes, sections 90.33626.84 to 626.863, to enforce game and fish laws. This appropriation is from the money 90.34credited to the game and fish fund under Minnesota Statutes, section 357.021, subdivision 91.17, paragraph (a), clause (1), from surcharges assessed to criminal and traffic offenders. 91.2This is a onetime appropriation.91.3(b) By January 15, 2011, the commissioner of natural resources shall submit a report 91.4to the chairs of the committees and divisions with jurisdiction over natural resources and 91.5public safety on the expenditure of these funds, including the effectiveness of the activities 91.6funded in improving the enforcement of game and fish laws and the resulting outcomes 91.7for the state's natural resources.91.8    Sec. 77. APPROPRIATION; STATE WATER TRAILS.91.9$60,000 is appropriated in fiscal year 2011 from the water recreation account in the 91.10natural resources fund to the commissioner of natural resources to cooperate with local 91.11units of government in marking state water trails under Minnesota Statutes, section 85.32; 91.12acquiring and developing river accesses and campsites; and removing obstructions that 91.13may cause public safety hazards. This is a onetime appropriation and available until spent.91.14    Sec. 78. APPROPRIATION; MOOSE TRAIL.91.15$100,000 in fiscal year 2011 is appropriated to the commissioner of natural resources 91.16from the all-terrain vehicle account in the natural resources fund for a grant to the city of 91.17Hoyt Lakes to convert the Moose Trail snowmobile trail to a dual usage trail, so that it 91.18may also be used as an off-highway vehicle trail connecting the city of Biwabik to the 91.19Iron Range Off-Highway Vehicle Recreation Area. This is a onetime appropriation and 91.20is available until spent.91.21    Sec. 79. APPROPRIATION; ECOLOGICAL CLASSIFICATION PROGRAM.91.22$250,000 in fiscal year 2011 is appropriated from the heritage enhancement account 91.23in the game and fish fund to the commissioner of natural resources to maintain and expand 91.24the ecological classification program on state forest lands. This is a onetime appropriation.91.25    Sec. 80. PARKS AND TRAILS APPROPRIATION; LOTTERY-IN-LIEU 91.26REVENUE.91.27$300,000 in fiscal year 2011 is appropriated from the natural resources fund to 91.28the commissioner of natural resources for state park, state recreation area, and state 91.29trail operations. This is from the revenue deposited in the natural resources fund under 91.30Minnesota Statutes, section 297A.94, paragraph (e), clause (2).91.31$300,000 in fiscal year 2011 is appropriated from the natural resources fund to 91.32the Metropolitan Council for metropolitan area regional parks and trails maintenance 92.1and operations. This is from the revenue deposited in the natural resources fund under 92.2Minnesota Statutes, section 297A.94, paragraph (e), clause (3).92.3    Sec. 81. REFUSE MANAGEMENT PILOT PROJECT; CANNON RIVER.92.4The commissioner of natural resources shall establish a two-year pilot project on the 92.5Cannon River under a written agreement between the establishment and the commissioner 92.6of natural resources that allows canoe and inner tube rental establishments to take 92.7responsibility for the management of their patrons' refuse on the river, including allowing 92.8canoe and inner tube establishments to provide disposable refuse containers to each group.92.9    Sec. 82. REVISOR'S INSTRUCTION.92.10(a) The revisor of statutes shall change the term "horse trail pass" to "horse pass" 92.11wherever it appears in Minnesota Statutes and Minnesota Rules.92.12(b) The revisor of statutes shall change the term "canoe and boating routes" or 92.13similar term to "state water trails" or similar term wherever it appears in Minnesota 92.14Statutes and Minnesota Rules.92.15(c) The revisor of statutes shall change the term "Minnesota Conservation Corps" to 92.16"Conservation Corps Minnesota" wherever it appears in Minnesota Statutes.92.17    Sec. 83.  REPEALER.92.18(a) Minnesota Statutes 2008, sections 90.172; 97B.665, subdivision 1; 103G.295; 92.19and 103G.650, are repealed.92.20(b) Minnesota Statutes 2009 Supplement, section 88.795, is repealed.92.21ARTICLE 592.22ENERGY92.23    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) 50 percent of the assessment must come from 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) 50 percent of the assessment must come from 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 clause (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(c) The commissioner of commerce shall apportion the assessment amount requested 93.9equally among the referenced entities in paragraph (a), clause (2).93.10    (c) (d) The entities in paragraph (a), clauses clause (1) and (2), must provide 93.11information to the commissioner of commerce to allow for calculation of the assessment. 93.12    (d) (e) The assessments under this subdivision are in addition to assessments made 93.13under section 
         216B.62. The amount assessed under this section is must be deposited in 93.14the legislative energy commission account in the special revenue fund. Funds in the 93.15legislative energy commission account are appropriated to the director of the Legislative 93.16Coordinating Commission for the purposes of this section, and is are 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. 93.20EFFECTIVE DATE.This section is effective the day following final enactment.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$500,000 each year for each dry cask containing spent fuel 93.25that is located at the Prairie Island power plant for 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.94.18EFFECTIVE DATE.This section is effective when 32 dry casks containing spent 94.19fuel are located at the Prairie Island nuclear plant.94.20    Sec. 3. [116C.7791] REBATES FOR SOLAR PHOTOVOLTAIC MODULES.94.21    Subdivision 1.Definitions.For the purpose of this section, the following terms 94.22have the meanings given.94.23(a) "Installation" means an array of solar photovoltaic modules attached to a building 94.24that will use the electricity generated by the solar photovoltaic modules or placed on a 94.25facility or property proximate to that building.94.26(b) "Manufactured" means:94.27(1) the material production of solar photovoltaic modules, including the tabbing, 94.28stringing, and lamination processes; or94.29(2) the production of interconnections of low-voltage photoactive elements that 94.30produce the final useful photovoltaic output by a manufacturer operating in this state on 94.31the effective date of this section.94.32(c) "Qualified owner" means an owner of a qualified property, but does not include 94.33an entity engaged in the business of generating or selling electricity at retail, or an 94.34unregulated subsidiary of such an entity.95.1(d) "Qualified property" means a residence, multifamily residence, business, or 95.2publicly owned building located in the assigned service area of the utility subject to 95.3section 116C.779.95.4(e) "Solar photovoltaic module" means the smallest, nondivisible, self-contained 95.5physical structure housing interconnected photovoltaic cells and providing a single direct 95.6current of electrical output.95.7    Subd. 2.Establishment.The utility subject to section 116C.779 shall establish 95.8a program to provide rebates to an owner of a qualified property for installing solar 95.9photovoltaic modules manufactured in Minnesota after December 31, 2009. Any solar 95.10photovoltaic modules installed under this program and any expenses incurred by the 95.11utility operating the program shall be treated the same as solar installations and related 95.12expenses under section 216B.241.95.13    Subd. 3.Rebate eligibility.(a) To be eligible for a rebate under this section, a 95.14solar photovoltaic module:95.15(1) must be manufactured in Minnesota;95.16(2) must be installed on a qualified property as part of a system whose generating 95.17capacity does not exceed 40 kilowatts;95.18(3) must be certified by Underwriters Laboratory, must have received the ETL 95.19listed mark from Intertek, or must have an equivalent certification from an independent 95.20testing agency;95.21(4) may or may not be connected to a utility grid;95.22(5) must be installed, or reviewed and approved, by a person certified as a solar 95.23photovoltaic installer by the North American Board of Certified Energy Practitioners; and95.24(6) may not be used to sell, transmit, or distribute the electrical energy at retail, 95.25nor to provide end-use electricity to an offsite facility of the electrical energy generator. 95.26On-site generation is allowed to the extent provided for in section 216B.1611.95.27(b) To be eligible for a rebate under this section, an applicant must have applied for 95.28and been awarded a rebate or other form of financial assistance available exclusively to 95.29owners of properties on which solar photovoltaic modules are installed that is offered by:95.30(1) the utility serving the property on which the solar photovoltaic modules are to 95.31be installed; or95.32(2) this state, under an authority other than this section.95.33(c) An applicant who is otherwise ineligible for a rebate under paragraph (b) is 95.34eligible if the applicant's failure to secure a rebate or other form of financial assistance is 95.35due solely to a lack of available funds on the part of a utility or this state.96.1    Subd. 4.Rebate amount and payment.(a) The amount of a rebate under this 96.2section is the difference between the sum of all rebates described in subdivision 3, 96.3paragraph (b), awarded to the applicant and $5 per watt of installed generating capacity.96.4(b) Notwithstanding paragraph (a), the amount of all rebates or other forms of 96.5financial assistance awarded to an applicant by a utility and the state, including any rebate 96.6paid under this section, net of applicable federal income taxes applied at the highest 96.7applicable income tax rates, must not exceed 60 percent of the total installed cost of 96.8the solar photovoltaic modules.96.9(c) Rebates must be awarded to eligible applicants beginning July 1, 2010.96.10(d) The rebate must be paid out proportionately in five consecutive annual 96.11installments.96.12    Subd. 5.Rebate program funding.(a) The following amounts must be allocated 96.13from the renewable development account established in section 116C.779 to a separate 96.14account for the purpose of providing the rebates for solar photovoltaic modules specified 96.15in this section:96.16(1) $2,000,000 in fiscal year 2011;96.17(2) $4,000,000 in fiscal year 2012;96.18(3) $5,000,000 in fiscal year 2013;96.19(4) $5,000,000 in fiscal year 2014; and96.20(5) $5,000,000 in fiscal year 2015.96.21(b) If, by the end of fiscal year 2015, insufficient qualified owners have applied for 96.22and met the requirements for rebates under this section to exhaust the funds available, any 96.23remaining balance shall be returned to the account established under section 116C.779.96.24EFFECTIVE DATE.This section is effective the day following final enactment.96.25    Sec. 4. Minnesota Statutes 2008, section 116J.437, subdivision 1, is amended to read:96.26    Subdivision 1. Definitions.(a) For the purpose of this section, the following terms 96.27have the meanings given.96.28(b) "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
         ; or97.8    (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; or97.12(6) increase the use of green chemistry, as defined in section 116.9401.97.13For 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.97.16EFFECTIVE DATE.This section is effective the day following final enactment.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 300400 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 30040097.29kilowatt-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. Affordability programs may 98.5include inverted block rates in which lower energy prices are made available to lower 98.6usage customers. 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; and98.24    (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. [216B.1695] ENVIRONMENTAL PROJECTS; ADVANCE 99.2DETERMINATION OF PRUDENCE.99.3    Subdivision 1.Qualifying project.A public utility may petition the commission for 99.4an advance determination of prudence for a project undertaken to comply with federal 99.5or state air quality standards of states in which the utility's electric generation facilities 99.6are located, if the project has an expected jurisdictional cost to Minnesota ratepayers of 99.7at least $10,000,000. A project is undertaken to comply with federal or state air quality 99.8standards if it is required:99.9(1) by the state in which the generation facility is located in a state implementation 99.10plan, permit, or order; or99.11(2) to comply with section 111 or 112 of the federal Clean Air Act, United States 99.12Code, title 42, section 7411 or 7412.99.13    Subd. 2.Regulatory cost assessments and reports.A utility requesting an 99.14advance determination under subdivision 1 must, as part of the evidence required when 99.15filing a petition under subdivision 3, provide to the Public Utilities Commission and the 99.16Pollution Control Agency an assessment of all anticipated state and federal environmental 99.17regulations related to the production of electricity from the utility's facility subject to 99.18the filing, including regulations relating to:99.19(1) air pollution by nitrogen oxide and sulphur dioxide, including an assumption that 99.20Minnesota will be included in the federal Clean Air Interstate Rule region, hazardous air 99.21pollutants, carbon dioxide, particulates, and ozone;99.22(2) coal waste; and99.23(3) water consumption and water pollution.99.24In addition, the utility shall provide an assessment of the financial and operational 99.25impacts of these pending regulations applicable to the generating facility that is the 99.26subject of the filing and provide a range of regulatory response scenarios that include, but 99.27are not limited to:99.28(1) the installation of pollution control equipment;99.29(2) the benefits of the retirement or repowering of the plant that is the subject of 99.30the filing with cleaner fuels considering the costs of complying with state and federal 99.31environmental regulations; and99.32(3) the use of pollution allowances to achieve compliance.99.33The utility shall consult with interested stakeholders in establishing the scope of the 99.34regulatory, financial, and operational assessments prior to or during the 60-day period of 99.35the notice under subdivision 4.100.1    Subd. 3.Petition.A petition filed under this section must include a description of 100.2the project, evidence supporting the project's reasonableness, a discussion of project 100.3alternatives, a project implementation schedule, a cost estimate and support for the 100.4reasonableness of the estimated cost, and a description of the public utility's efforts to 100.5ensure the lowest reasonable costs. Following receipt of the Pollution Control Agency's 100.6verification under subdivision 4, the commission shall allow opportunity for oral and 100.7written comment on the petition. The commission shall make a final determination on 100.8the petition within ten months of its filing date. The commission must make findings 100.9in support of its determination.100.10    Subd. 4.Verification.At least 60 days prior to filing a petition to the commission 100.11under subdivision 3, the utility shall file notice with the Pollution Control Agency that 100.12describes the project and how it qualifies under subdivision 1. The Pollution Control 100.13Agency shall, within 60 days of receipt of the notice, verify that the project qualifies under 100.14subdivision 1, and shall forward written verification to the commission.100.15    Subd. 5.Cost recovery.The utility may begin recovery of costs that have been 100.16incurred by the utility in connection with implementation of the project in the next rate 100.17case following an advance determination of prudence. The commission shall review the 100.18costs incurred by the utility for the project. The utility must show that the project costs 100.19are reasonable and necessary, and demonstrate its efforts to ensure the lowest reasonable 100.20project costs. Notwithstanding the commission's prior determination of prudence, it may 100.21accept, modify, or reject any of the project costs. The commission may determine whether 100.22to require an allowance for funds used during construction offset.100.23    Subd. 6.Expiration.A petition for an advance determination of prudence may not 100.24be filed after December 31, 2015.100.25EFFECTIVE DATE.This section is effective the day following final enactment.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, such as inverted 100.31block rates in which lower energy prices are made available to lower usage residential 100.32customers, 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    Subd. 3a.Supplemental staffing assessment.In addition to other assessments in 101.6subdivision 3, the commission may assess up to $800,000 per year for supplemental 101.7staffing to implement requirements of this chapter. The amount in this subdivision shall 101.8be assessed to the several public utilities in proportion to their respective gross operating 101.9revenues from retail sales of gas or electric service within the state during the last calendar 101.10year, shall be deposited into an account in the special revenue fund, and appropriated to 101.11the commission. An assessment made under this subdivision is not subject to the cap on 101.12assessments provided in subdivision 3 or any other law.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,  supportive 101.22housing, or whichbuildings that contain a majority of units not equipped with complete 101.23kitchen facilities, shall be exempt from the provisions of this subdivision. For purposes 101.24of this section, "supportive housing" means housing made available to individuals and 101.25families with multiple barriers to obtaining and maintaining housing, including those who 101.26are formerly homeless or at risk of homelessness and those who have a mental illness, 101.27substance abuse disorder, debilitating disease, or a combination of these conditions.101.28    Sec. 11. [383B.1588] ENERGY FORWARD PRICING MECHANISMS.101.29    Subdivision 1.Definitions.The following definitions apply in this section.101.30(a) "Energy" means natural gas, heating oil, diesel fuel, unleaded fuel, or any other 101.31energy source, except electric, used in Hennepin County operations.101.32(b) "Forward pricing mechanism" means either:102.1(1) a contract or financial instrument that obligates Hennepin County to buy or sell a 102.2specified amount of an energy commodity at a future date and at a set price; or102.3(2) an option to buy or sell the contract or financial instrument.102.4    Subd. 2.Authority provided.Notwithstanding any other law to the contrary, 102.5the Hennepin County Board of Commissioners may use forward pricing mechanisms 102.6for budget risk reduction.102.7    Subd. 3.Conditions.(a) Forward pricing transactions made under this section must 102.8be made only under the conditions in this subdivision.102.9(b) The amount of energy forward priced must not exceed the estimated energy 102.10usage for Hennepin County operations for the period of time covered by the forward 102.11pricing mechanism.102.12(c) The holding period and expiration date for any forward pricing mechanism must 102.13not exceed 24 months from the trade date of the transaction.102.14(d) Separate accounts must be established for each operational energy for which 102.15forward pricing mechanisms are used under this section.102.16    Subd. 4.Written policies and procedures.Before exercising authority under 102.17subdivision 2, the Hennepin County Board of Commissioners must have written policies 102.18and procedures governing the use of forward pricing mechanisms.102.19    Subd. 5.Oversight process.(a) Before exercising authority under subdivision 2, 102.20the Hennepin County Board of Commissioners must establish an oversight process that 102.21provides for review of the county's used of forward pricing mechanisms.102.22(b) The process must include:102.23(1) internal or external audit reviews;102.24(2) annual reports to, and review by, an internal investment committee; and102.25(3) internal management control.102.26EFFECTIVE DATE.This section is effective without local approval the day 102.27following final enactment as provided under Minnesota Statutes, section 645.023, 102.28subdivision 1, paragraph (a).102.29    Sec. 12. [383B.82] WIND AND SOLAR BUSINESS ENTITY PARTICIPATION.102.30To exercise the authority granted to counties under section 373.48, Hennepin County 102.31may be a limited partner in a partnership, a member of a limited liability company, or a 102.32shareholder in a corporation established for the purpose of constructing, acquiring, owning 102.33in whole or in part, financing, or operating a facility that generates electricity from wind 102.34or solar energy. Liability for Hennepin County is governed by section 466.04. Section 103.1466.04 also governs liability for a limited liability company or a corporation, either of 103.2which is wholly owned by Hennepin County and formed under this section.103.3    Sec. 13. Laws 1981, chapter 222, section 1, is amended to read:103.4    Section 1. MINNEAPOLIS AND ST. PAUL; RESIDENTIAL, COMMERCIAL, 103.5AND INDUSTRIAL 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, commercial, and industrial sectors; that accomplishing 103.10energy conservation is a public purpose; and 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 residential, commercial, and industrial property103.13loans for energy improvements.103.14EFFECTIVE DATE.This section is effective the day following final enactment for 103.15each of the cities of Minneapolis and St. Paul without local approval under Minnesota 103.16Statutes, section 645.023, subdivision 1, paragraph (a).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 residential, commercial, and industrial 103.23properties 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 property repairs and, improvements, and equipment (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, improvements, and equipment  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, 104.6Chapter 469, and any other law or charter.104.7EFFECTIVE DATE.This section is effective the day following final enactment for 104.8each of the cities of Minneapolis and St. Paul without local approval under Minnesota 104.9Statutes, section 645.023, subdivision 1, paragraph (a).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 properties 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.104.24EFFECTIVE DATE.This section is effective the day following final enactment for 104.25each of the cities of Minneapolis and St. Paul without local approval under Minnesota 104.26Statutes, section 645.023, subdivision 1, paragraph (a).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.105.9EFFECTIVE DATE.This section is effective the day following final enactment for 105.10each of the cities of Minneapolis and St. Paul without local approval under Minnesota 105.11Statutes, section 645.023, subdivision 1, paragraph (a).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 to the commissioner of commerce 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; and105.29(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.106.1EFFECTIVE DATE.This section is effective the day following final enactment.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 and commercial 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 and commercial energy conservation measures;106.13(2) provision of more comprehensive residential and commercial energy 106.14conservation measures, including extensive retrofits and appliance upgrades; and106.15(3) a plan to establish a revolving loan fund so that the program is sustainable over 106.16time; and106.17(4) innovative financing options allowing residents and businesses 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.106.23EFFECTIVE DATE.This section is effective the day following final enactment.106.24    Sec. 19. URBAN TRANSMISSION LINE; CERTIFICATE OF NEED 106.25REQUIRED.106.26(a) A high-voltage transmission line longer than one mile with a capacity of 100 106.27kilovolts or more that is located in a city of the first class in a zone within one mile of the 106.28transmission line in which population density exceeds 8,000 persons per square mile, and 106.29that runs parallel to and is within one-half mile of a below-grade bike and walking path 106.30that connects with other bike paths along a river, is subject to the provisions of Minnesota 106.31Statutes, section 216B.243.106.32    (b) This section expires December 31, 2014.107.1EFFECTIVE DATE.This section is effective the day following final enactment 107.2and applies only to high-voltage transmission lines described in this section that are the 107.3subject of an application for a route permit under Minnesota Statutes, chapter 216E, that is 107.4pending before the Public Utilities Commission on March 15, 2010.107.5    Sec. 20. NEIGHBORHOOD ENERGY REDUCTION REPORT.107.6    Subdivision 1.Report.(a) By February 15, 2011, an organization with experience 107.7in energy conservation and energy planning at the neighborhood level that serves as 107.8project manager must submit a report to the chairs and ranking minority members of the 107.9senate and house of representatives committees with primary jurisdiction over energy 107.10policy that contains the following information:107.11(1) projections of the amount of energy that can be conserved and generated through 107.12the implementation of cost-effective energy efficiency investments; innovative energy 107.13storage projects, including thermal energy storage; smart-grid technologies; and energy 107.14produced from distributed generation projects fueled by solar photovoltaic and other 107.15renewable energy sources located in the focused study area designated in the application 107.16to the Minnesota Public Utilities Commission for a route permit for the high-voltage 107.17transmission line identified in section 19;107.18(2) for each energy-reducing or energy-generating element recommended, 107.19estimates of the amount of energy conserved or generated, the reduction in peak demand 107.20requirements in the focused study area, and the cost per unit of energy saved or generated; 107.21and107.22(3) an estimate of the number of green jobs that would be created through 107.23implementation of the report's recommendations.107.24(b) Requests by the project manager for information from the utility serving the 107.25focused study area may be made after the service of notice of and order for hearing made 107.26under Minnesota Statutes, section 216B.243, for the project described in section 19. 107.27Information requests with respect to the study are governed by the rules for contested case 107.28hearings in Minnesota Rules, part 1400.6700.107.29(c) The project manager may contract for portions of the work required to complete 107.30the report.107.31    Subd. 2.Community steering committee.(a) The project manager shall convene 107.32a community steering committee to provide input to the report.  Appointments to the 107.33steering committee must reflect the diversity of the focused study area, and include 107.34representatives of focused study area residents, including homeowners, building owners 108.1and renters, businesses, churches, other institutions, including the Midtown Community 108.2Works Partnership, local hospitals, and local elected officials representing the focused 108.3study area. All meetings held by the community steering committee or any subcommittees 108.4it creates must be public meetings, with advance notice given to the public.108.5(b) The project manager shall seek to maximize the participation of focused study 108.6area residents, stakeholders, and institutions in recommending ideas to be included within 108.7the scope of the report and in reviewing initial and successive drafts of the report, including 108.8providing stipends for reasonable expenses when necessary to increase participation, but 108.9not including per diem payments. The project manager shall contact representatives of 108.10similar successful projects in other states to benefit from their experience and to learn 108.11about best practices for increasing public participation that can be replicated in Minnesota. 108.12The report must incorporate and respond to comments from the focused study area and 108.13the steering committee.108.14    Subd. 3.Energy savings.The utility that serves the focused study area may apply 108.15energy savings resulting directly from the implementation of recommendations contained 108.16in the report regarding energy efficiency investments to its energy-savings goal under 108.17Minnesota Statutes, section 216B.241, subdivision 1c.108.18    Subd. 4.Certificate of need process.No contested case evidentiary hearings for 108.19a certificate of need for the transmission line identified in section 19 may commence 108.20before April 1, 2011. 108.21EFFECTIVE DATE.This section is effective the day following final enactment.108.22    Sec. 21. APPROPRIATION AND TRANSFER.108.23(a) The utility subject to Minnesota Statutes, section 116C.779, shall transfer 108.24$90,000 from the renewable development account established under that section to the 108.25commissioner of commerce, who shall deposit it in the special revenue fund.108.26(b) $90,000 from the money deposited in the special revenue fund under paragraph 108.27(a) is appropriated to the commissioner of commerce for transfer to the city of Minneapolis 108.28for a grant to an organization with experience in energy conservation and energy planning 108.29at the neighborhood level that is selected by the city, in consultation with the Midtown 108.30Greenway Coalition and representatives of the neighborhoods in which the high-voltage 108.31transmission line described in section 19 is proposed to be located, and after project 108.32proposals have been reviewed, to serve as project manager for the purpose of completing 108.33the report required under section 20.108.34This is a onetime appropriation and is available until expended.109.1    Sec. 22.  REPEALER.109.2Laws 1981, chapter 222, section 7, is repealed."109.3Delete the title and insert:109.4"A bill for an act109.5relating 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."

110.1We request the adoption of this report and repassage of the bill.110.2Senate Conferees:110.3
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                     						110.4Ellen AndersonTom Saxhaug110.5
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                     						110.6Satveer ChaudharyDennis Frederickson110.7
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                     						110.8Sandy Rummel110.9House Conferees:110.10
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                     						110.11Mary MurphyJean Wagenius110.12
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                     						110.13Will MorganRick Hansen110.14
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                     						110.15Gregory Davids