1.1 	A bill for an act
1.2 	relating to natural resources; modifying pesticide control; providing for certain 
1.3 	acquisition by exchange; modifying peatland protection; modifying fees 
1.4 	and fee disposition; modifying invasive species provisions; modifying cash 
1.5 	match requirement for local recreation grants; modifying state water trails and 
1.6 	waysides; modifying Mineral Coordinating Committee; providing for citizen 
1.7 	oversight committees; creating adopt-a-WMA program; modifying definitions; 
1.8 	modifying operating provisions for certain recreational vehicles; providing for 
1.9 	dual registration of certain motorcycles; requiring nonresident off-road vehicle 
1.10 	state trail pass; modifying watercraft titling; modifying special vehicle use on 
1.11 	roadways; modifying oxygenated gasoline requirements; modifying Water Law; 
1.12 	modifying certain local ordinance requirements; modifying waste management 
1.13 	provisions; modifying landfill cleanup program; modifying environmental 
1.14 	review requirements; establishing certain rulemaking moratorium; requiring 
1.15 	reports; appropriating money;amending Minnesota Statutes 2010, sections 
1.16 	17.117, subdivision 6a; 18B.03, subdivision 1, as amended; 41A.105, by adding a 
1.17 	subdivision; 84.033, subdivision 1; 84.035, subdivision 6; 84.777, subdivision 2; 
1.18 	84.788, by adding a subdivision; 84.92, subdivisions 8, 9, 10; 84.925, subdivision 
1.19 	1; 84.9257; 84D.01, subdivisions 8a, 16, 21, by adding subdivisions; 84D.02, 
1.20 	subdivision 6; 84D.03, subdivisions 3, 4; 84D.09; 84D.10, subdivisions 1, 3, 4; 
1.21 	84D.11, subdivision 2a; 84D.13, subdivisions 3, 4, 5, 6, 7; 84D.15, subdivision 
1.22 	2; 85.018, subdivision 5; 85.019, subdivisions 4b, 4c; 85.32, subdivision 1; 
1.23 	86B.825, subdivision 3; 86B.830, subdivision 2; 86B.850, subdivision 1; 
1.24 	86B.885; 93.0015, subdivisions 1, 3; 97A.055, subdivision 4b; 103B.661, 
1.25 	subdivision 2; 103F.705; 103F.711, subdivision 8; 103F.715; 103F.725, 
1.26 	subdivisions 1, 1a; 103F.731, subdivision 2; 103F.735; 103F.741, subdivision 
1.27 	1; 103F.745; 103F.751; 103G.005, subdivision 10e, by adding a subdivision; 
1.28 	103G.2212; 103G.222, subdivisions 1, 3; 103G.2242, subdivisions 2a, 6, 7, 9, 
1.29 	14, by adding a subdivision; 103G.2251; 103G.311, subdivision 5; 103G.615, 
1.30 	subdivision 1, by adding a subdivision; 115.03, by adding a subdivision; 115.55, 
1.31 	subdivision 2; 115A.03, subdivision 25a; 115A.95; 115B.412, subdivision 8, by 
1.32 	adding subdivisions; 116D.04, subdivision 2a, as amended; 168.002, subdivision 
1.33 	18; 168A.085; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8; 239.791, by adding a 
1.34 	subdivision; 398.33, subdivision 2; Laws 2010, chapter 361, article 4, section 
1.35 	73; proposing coding for new law in Minnesota Statutes, chapters 84; 84D; 97A; 
1.36 	103G; 116C; repealing Minnesota Statutes 2010, sections 84.02, subdivisions 
1.37 	1, 2, 3, 4, 5, 6, 7, 8; 84D.02, subdivision 4; 85.013, subdivision 2b; 103F.711, 
1.38 	subdivision 7; 103F.721; 103F.731, subdivision 1; 103F.761.
2.1 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.2 	Section 1. Minnesota Statutes 2010, section 17.117, subdivision 6a, is amended to read:
2.3 		Subd. 6a.Review and ranking of applications. (a) The commissioner shall chair 
2.4 	the a subcommittee established in section 103F.761, subdivision 2, paragraph (b), for 
2.5 	purposes of reviewing and ranking applications and recommending to the commissioner 
2.6 	allocation amounts. The subcommittee consists of representatives of the Departments of 
2.7 	Agriculture, Natural Resources, and Health; the Pollution Control Agency; the Board 
2.8 	of Water and Soil Resources; the Farm Service Agency and the Natural Resource 
2.9 	Conservation Service of the United States Department of Agriculture; the Association of 
2.10 	Minnesota Counties; the Minnesota Association of Soil and Water Conservation Districts; 
2.11 	and other agencies or associations the commissioner determines are appropriate. 
2.12 	(b) The subcommittee must use the criteria in clauses (1) to (9) as well as other 
2.13 	criteria it determines appropriate in carrying out the review and ranking:
2.14 	(1) whether the proposed activities are identified in a comprehensive water 
2.15 	management plan or other appropriate local planning documents as priorities;
2.16 	(2) the potential that the proposed activities have for improving or protecting 
2.17 	environmental quality;
2.18 	(3) the extent that the proposed activities support areawide or multijurisdictional 
2.19 	approaches to protecting environmental quality based on defined watershed or similar 
2.20 	geographic areas;
2.21 	(4) whether the activities are needed for compliance with existing environmental 
2.22 	laws or rules;
2.23 	(5) whether the proposed activities demonstrate participation, coordination, and 
2.24 	cooperation between local units of government and other public agencies;
2.25 	(6) whether there is coordination with other public and private funding sources 
2.26 	and programs;
2.27 	(7) whether the applicant has targeted specific best management practices to resolve 
2.28 	specific environmental problems;
2.29 	(8) past performance of the applicant in completing projects identified in prior 
2.30 	applications and allocation agreements; and
2.31 	(9) whether there are off-site public benefits.

2.32 	Sec. 2. Minnesota Statutes 2010, section 18B.03, subdivision 1, as amended by Laws 
2.33 	2011, chapter 14, section 7, is amended to read:
3.1 		Subdivision 1.Administration by commissioner. The commissioner shall 
3.2 	administer, implement, and enforce this chapter and the Department of Agriculture 
3.3 	is the lead state agency for the regulation of pesticides. The commissioner has the 
3.4 	sole regulatory authority over the terrestrial application of pesticides, including, but 
3.5 	not limited to, the application of pesticides to agricultural crops, structures, and other 
3.6 	nonaquatic environments. Except as provided in subdivision 3, a state agency other than 
3.7 	the Department of Agriculture shall not regulate or require permits for the terrestrial or 
3.8 	nonaquatic application of pesticides.

3.9 	Sec. 3. Minnesota Statutes 2010, section 41A.105, is amended by adding a subdivision 
3.10 	to read:
3.11 		Subd. 1a.Definitions. For the purpose of this section:
3.12 	(1) "biobutanol facility" means a facility at which biobutanol is produced; and
3.13 	(2) "biobutanol" means fermentation isobutyl alcohol that is derived from 
3.14 	agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets; 
3.15 	forest products; or other renewable resources, including residue and waste generated 
3.16 	from the production, processing, and marketing of agricultural products, forest products, 
3.17 	and other renewable resources.

3.18 	Sec. 4. Minnesota Statutes 2010, section 84.033, subdivision 1, is amended to read:
3.19 		Subdivision 1.Acquisition; designation. The commissioner of natural resources 
3.20 	may acquire by gift, lease, easement, exchange, or purchase, in the manner prescribed 
3.21 	under chapter 117, in the name of the state, lands or any interest in lands suitable and 
3.22 	desirable for establishing and maintaining scientific and natural areas. The commissioner 
3.23 	shall designate any land so acquired as a scientific and natural area by written order 
3.24 	published in the State Register and shall administer any land so acquired and designated as 
3.25 	provided by section 86A.05. Designations of scientific and natural areas are exempt from 
3.26 	the rulemaking provisions of chapter 14 and section 14.386 does not apply. 

3.27 	Sec. 5. Minnesota Statutes 2010, section 84.035, subdivision 6, is amended to read:
3.28 		Subd. 6.Management plans. The commissioner shall develop in consultation with 
3.29 	the affected local government unit a management plan for each peatland scientific and 
3.30 	natural area designated under section 84.036in a manner prescribed by section 86A.09.
3.31 	The management plan shall address recreational trails. In those peatland scientific 
3.32 	and natural areas where no corridor of disturbance was used as a recreational trail on or 
4.1 	before January 1, 1992, the plan may permit only one corridor of disturbance, in each 
4.2 	peatland scientific and natural area, to be used as a recreational motorized trail.

4.3 	Sec. 6. Minnesota Statutes 2010, section 84.777, subdivision 2, is amended to read:
4.4 		Subd. 2.Off-highway vehicle seasonal restrictions. (a) The commissioner shall 
4.5 	prescribe seasons for off-highway vehicle use on state forest lands. Except for designated 
4.6 	forest roads, a person must not operate an off-highway vehicle on state forest lands: (1) 
4.7 	outside of the seasons prescribed under this paragraph; or (2) during the firearms deer 
4.8 	hunting season in areas of the state where deer may be taken by rifle. This paragraph 
4.9 	does not apply to a person in possession of a valid deer hunting license operating an 
4.10 	off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m.
4.11 	(b) The commissioner may designate and post winter trails on state forest lands 
4.12 	for use by off-highway vehicles.
4.13 	(c) For the purposes of this subdivision, "state forest lands" means forest lands under 
4.14 	the authority of the commissioner as defined in section 89.001, subdivision 13, and lands 
4.15 	managed by the commissioner under section 282.011.

4.16 	Sec. 7. Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision 
4.17 	to read:
4.18 		Subd. 12.Dual registration. (a) An off-highway motorcycle registered under 
4.19 	this section may also be registered as a motorcycle under chapter 168 for use on public 
4.20 	roads and highways.
4.21 	(b) If the off-highway motorcycle was not originally constructed primarily for use 
4.22 	on public roads and highways, the off-highway motorcycle must be equipped with mirrors 
4.23 	and a headlight, taillight, and horn and be otherwise modified as necessary to meet the 
4.24 	requirements of chapter 169, the safety standards of the National Traffic and Motor Safety 
4.25 	Act, United States Code, title 15, sections 1381 through 1431, and the regulations adopted 
4.26 	under that federal act, for motorcycles regarding safety and acceptability to operate on 
4.27 	public roads and highways.
4.28 	(c) An applicant for registration under chapter 168 must submit a form, prescribed 
4.29 	by the commissioner of public safety.
4.30 	(d) Chapter 168A does not apply to an off-highway motorcycle modified to meet the 
4.31 	requirements of chapter 169 according to this subdivision.

4.32 	Sec. 8. [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS.
5.1 		Subdivision 1.Pass required; fee. (a) A nonresident may not operate an off-road 
5.2 	vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a 
5.3 	nonresident off-road vehicle state trail pass sticker issued according to this section. 
5.4 	The pass must be viewable by a peace officer, a conservation officer, or an employee 
5.5 	designated under section 84.0835.
5.6 	(b) The fee for an annual pass is $20. The pass is valid from January 1 through 
5.7 	December 31. The fee for a three-year pass is $30. The commissioner of natural resources 
5.8 	shall issue a pass upon application and payment of the fee. Fees collected under this 
5.9 	section, except for the issuing fee for licensing agents, shall be deposited in the state 
5.10 	treasury and credited to the off-road vehicle account in the natural resources fund and, 
5.11 	except for the electronic licensing system commission established by the commissioner 
5.12 	under section 84.027, subdivision 15, must be used for grants-in-aid to counties and 
5.13 	municipalities for off-road vehicle organizations to construct and maintain off-road 
5.14 	vehicle trails and use areas.
5.15 	(c) A nonresident off-road vehicle state trail pass is not required for:
5.16 	(1) an off-road vehicle that is owned and used by the United States, another state, 
5.17 	or a political subdivision thereof that is exempt from registration under section 84.798, 
5.18 	subdivision 2;
5.19 	(2) a person operating an off-road vehicle only on the portion of a trail that is owned 
5.20 	by the person or the person's spouse, child, or parent; or
5.21 	(3) a nonresident operating an off-road vehicle that is registered according to section 
5.22 	84.798.
5.23 		Subd. 2.License agents. The commissioner may appoint agents to issue and 
5.24 	sell nonresident off-road vehicle state trail passes. The commissioner may revoke the 
5.25 	appointment of an agent at any time. The commissioner may adopt additional rules as 
5.26 	provided in section 97A.485, subdivision 11. An agent shall observe all rules adopted 
5.27 	by the commissioner for accounting and handling of passes pursuant to section 97A.485, 
5.28 	subdivision 11. An agent shall promptly deposit and remit all money received from the 
5.29 	sale of the passes, exclusive of the issuing fee, to the commissioner.
5.30 		Subd. 3.Issuance of passes. The commissioner and agents shall issue and sell 
5.31 	nonresident off-road vehicle state trail passes. The commissioner shall also make the 
5.32 	passes available through the electronic licensing system established under section 84.027, 
5.33 	subdivision 15.
5.34 		Subd. 4.Agent's fee. In addition to the fee for a pass, an issuing fee of $1 per pass 
5.35 	shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for 
6.1 	passes issued by the commissioner shall be deposited in the off-road vehicle account in the 
6.2 	natural resources fund and retained for the operation of the electronic licensing system.
6.3 		Subd. 5.Duplicate passes. The commissioner and agents shall issue a duplicate 
6.4 	pass to persons whose pass is lost or destroyed using the process established under section 
6.5 	97A.405, subdivision 3, and rules adopted thereunder. The fee for a duplicate nonresident 
6.6 	off-road vehicle state trail pass is $4, with an issuing fee of 50 cents.

6.7 	Sec. 9. Minnesota Statutes 2010, section 84.92, subdivision 8, is amended to read:
6.8 		Subd. 8.All-terrain vehicle or vehicle.  "All-terrain vehicle" or "vehicle" means a 
6.9 	motorized flotation-tired vehicle of not less than three low pressure tires, but not more 
6.10 	than equipped with three to six nonhighway tires, that is limited in engine displacement 
6.11 	of less than 960 cubic centimeters and includes a class 1 all-terrain vehicle and class 
6.12 	2 all-terrain vehicle. All-terrain vehicle does not include a golf cart; a mini-truck; a 
6.13 	dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance, 
6.14 	agriculture, logging, or mining purposes.

6.15 	Sec. 10. Minnesota Statutes 2010, section 84.92, subdivision 9, is amended to read:
6.16 		Subd. 9.Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an 
6.17 	all-terrain vehicle that has a total dry weight of less than 1,000 pounds and has a straddled 
6.18 	seat.

6.19 	Sec. 11. Minnesota Statutes 2010, section 84.92, subdivision 10, is amended to read:
6.20 		Subd. 10.Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an 
6.21 	all-terrain vehicle that is not a class 1 all-terrain vehicle, has a total dry weight of 1,000 to
6.22 	1,800 pounds or less, and has a manufacturer's published width of 68 inches or less.

6.23 	Sec. 12. Minnesota Statutes 2010, section 84.925, subdivision 1, is amended to read:
6.24 		Subdivision 1.Program established. (a) The commissioner shall establish a 
6.25 	comprehensive all-terrain vehicle environmental and safety education and training 
6.26 	program, including the preparation and dissemination of vehicle information and safety 
6.27 	advice to the public, the training of all-terrain vehicle operators, and the issuance of 
6.28 	all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who 
6.29 	successfully complete the all-terrain vehicle environmental and safety education and 
6.30 	training course.
6.31 	(b) For the purpose of administering the program and to defray a portion of the 
6.32 	expenses of training and certifying vehicle operators, the commissioner shall collect a fee 
7.1 	of $15 from each person who receives the training. The commissioner shall collect a fee, 
7.2 	to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle 
7.3 	safety certificate. The commissioner shall establish the fee for a duplicate all-terrain 
7.4 	vehicle safety certificate both fees in a manner that neither significantly overrecovers 
7.5 	nor underrecovers costs, including overhead costs, involved in providing the service
7.6 	services. The fees are not subject to the rulemaking provisions of chapter 14 and section 
7.7 	14.386 does not apply. The fees may be established by the commissioner notwithstanding 
7.8 	section 16A.1283. Fee proceeds, except for the issuing fee for licensing agents under this 
7.9 	subdivision, shall be deposited in the all-terrain vehicle account in the natural resources 
7.10 	fund and the amount thereof, except for the electronic licensing system commission 
7.11 	established by the commissioner under section 84.027, subdivision 15, and issuing fees 
7.12 	collected by the commissioner, is appropriated annually to the Enforcement Division of 
7.13 	the Department of Natural Resources for the administration of such programs. In addition 
7.14 	to the fee established by the commissioner, instructors may charge each person up to the 
7.15 	established fee amount for class materials and expenses.
7.16 	(c) The commissioner shall cooperate with private organizations and associations, 
7.17 	private and public corporations, and local governmental units in furtherance of the 
7.18 	program established under this section. School districts may cooperate with the 
7.19 	commissioner and volunteer instructors to provide space for the classroom portion of the 
7.20 	training. The commissioner shall consult with the commissioner of public safety in regard 
7.21 	to training program subject matter and performance testing that leads to the certification 
7.22 	of vehicle operators. By June 30, 2003, The commissioner shall incorporate a riding 
7.23 	component in the safety education and training program.

7.24 	Sec. 13. Minnesota Statutes 2010, section 84.9257, is amended to read:
7.25 	84.9257 PASSENGERS.
7.26 	(a) A person 18 years of age or older may operate a class 1 all-terrain vehicle 
7.27 	carrying only one passenger.
7.28 	(b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while 
7.29 	carrying a only one passenger, or up to the number of passengers for which the vehicle 
7.30 	was designed, whichever is greater.
7.31 	(c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying 
7.32 	only one passenger and the passenger must be the person's parent or legal guardian.

7.33 	Sec. 14. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision 
7.34 	to read:
8.1 		Subd. 3a.Decontaminate. "Decontaminate" means to wash, drain, dry, or thermally 
8.2 	or otherwise treat water-related equipment in order to remove or destroy aquatic invasive 
8.3 	species using the "Recommended Uniform Minimum Protocol Standards" developed 
8.4 	by the United States Fish and Wildlife Service, or other protocols, as prescribed by the 
8.5 	commissioner. The commissioner may prescribe protocols in the same manner provided 
8.6 	under section 84D.03, subdivision 1, paragraph (d), for designating infested waters.

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

8.8 	Sec. 15. Minnesota Statutes 2010, section 84D.01, subdivision 8a, is amended to read:
8.9 		Subd. 8a.Introduce. "Introduce" means to place, release, or allow the escape of a 
8.10 	nonnative species into a free-living state. Introduce does not include:
8.11 	(1) the immediate return of a nonnative species to waters of the state from which the 
8.12 	nonnative species was removed; or
8.13 	(2) the seasonal return of nonnative species attached to water-related equipment, 
8.14 	such as a dock or boat lift, that has been stored on riparian property and directly returned 
8.15 	to the same waters of the state from which the water-related equipment was removed.

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

8.17 	Sec. 16. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision 
8.18 	to read:
8.19 		Subd. 8b.Inspect. "Inspect" means to examine water-related equipment to 
8.20 	determine whether aquatic invasive species, aquatic macrophytes, or water is present and 
8.21 	includes removal, drainage, decontamination, or treatment to prevent the transportation 
8.22 	and spread of aquatic invasive species, aquatic macrophytes, and water.

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

8.24 	Sec. 17. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision 
8.25 	to read:
8.26 		Subd. 8c.Inspector. "Inspector" means an individual trained and authorized by 
8.27 	the commissioner to inspect water-related equipment, a conservation officer, or a licensed 
8.28 	peace officer.

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

9.1 	Sec. 18. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision 
9.2 	to read:
9.3 		Subd. 15a.Service provider. "Service provider" means an individual who installs 
9.4 	or removes watercraft, equipment, motor vehicles, docks, boat lifts, rafts, vessels, trailers, 
9.5 	or other water-related equipment or structures from waters of the state for compensation.

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

9.7 	Sec. 19. Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read:
9.8 		Subd. 16.Transport. "Transport" means to cause or attempt to cause a species to be 
9.9 	carried or moved into or within the state, and includes accepting or receiving the species 
9.10 	for transportation or shipment. Transport does not include:
9.11 	(1) the transport movement of infested water or a nonnative species within a water 
9.12 	of the state or to a connected water of the state where the species being transported is 
9.13 	already present.; or
9.14 	(2) the movement of a nonnative species attached to water-related equipment or 
9.15 	other water-related structures from a water of the state to the shore of riparian property on 
9.16 	that water or the return of water-related equipment or structures from the shore into the 
9.17 	same water of the state.

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

9.19 	Sec. 20. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision 
9.20 	to read:
9.21 		Subd. 18a.Water-related equipment. "Water-related equipment" means a motor 
9.22 	vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or 
9.23 	any other associated equipment or container, including but not limited to portable bait 
9.24 	containers, live wells, ballast tanks except for those vessels permitted under the Pollution 
9.25 	Control Agency vessel discharge program, bilge areas, and water-hauling equipment that 
9.26 	is capable of containing or transporting aquatic invasive species, aquatic macrophytes, 
9.27 	or water.

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

9.29 	Sec. 21. Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read:
9.30 		Subd. 21.Wild animal. "Wild animal" means a living creature, not human, wild by 
9.31 	nature, endowed with sensation and power of voluntary motion has the meaning given 
9.32 	under section 97A.015, subdivision 55.

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

10.2 	Sec. 22. Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read:
10.3 		Subd. 6.Annual report. By January 15 each year, the commissioner shall submit a 
10.4 	report on invasive species of aquatic plants and wild animals to the legislative committees 
10.5 	having jurisdiction over environmental and natural resource issues. The report must 
10.6 	include:
10.7 	(1) detailed information on expenditures for administration, education, management, 
10.8 	inspections, and research;
10.9 	(2) an analysis of the effectiveness of management activities conducted in the state, 
10.10 	including chemical control, harvesting, educational efforts, and inspections;
10.11 	(3) information on the participation of other state agencies, local government units, 
10.12 	and interest groups in control efforts;
10.13 	(4) information on the progress made in the management of each species; and
10.14 	(5) an assessment of future management needs and additional measures to protect 
10.15 	the state's water resources from human transport and introduction of invasive species.

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

10.17 	Sec. 23. Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read:
10.18 		Subd. 3.Bait harvest from infested waters. (a) The Taking of wild animals from 
10.19 	infested waters for bait or aquatic farm purposes is prohibited, except as provided in 
10.20 	paragraph (b) and section 97C.341.
10.21 	(b) In waters that are designated as infested waters, except those designated because 
10.22 	they contain prohibited invasive species of fish or certifiable diseases of fish, as defined 
10.23 	under section 17.4982, subdivision 6, the taking of wild animals may be permitted for:
10.24 	(1) commercial taking of wild animals for bait and aquatic farm purposes according 
10.25 	to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and 
10.26 	(2) bait purposes for noncommercial personal use in waters that contain Eurasian 
10.27 	water milfoil, when the infested waters are designated solely because they contain 
10.28 	Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow 
10.29 	traps not exceeding 16 inches in diameter and 32 inches in length.
10.30 	(c) Equipment authorized for minnow harvest in a designated infested water by 
10.31 	permit issued under paragraph (b) may not be transported to, or used in, any waters other 
10.32 	than waters specified in the permit.

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

11.1 	Sec. 24. Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read:
11.2 		Subd. 4.Commercial fishing and turtle, frog, and crayfish harvesting 
11.3 	restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors, 
11.4 	stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in 
11.5 	an infested water that is designated because it contains invasive fish, invertebrates, or 
11.6 	certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If 
11.7 	a commercial licensee operates in both an infested water designated because it contains 
11.8 	invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, and other 
11.9 	waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or 
11.10 	turtle, frog, or crayfish harvesting in waters not designated as infested with invasive fish, 
11.11 	invertebrates, or certifiable diseases, as defined in section 17.4982, must be tagged with 
11.12 	tags provided by the commissioner, as specified in the commercial licensee's license or 
11.13 	permit, and may not be used in infested waters designated because the waters contain 
11.14 	invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982. This 
11.15 	tagging requirement does not apply to commercial fishing equipment used in Lake 
11.16 	Superior.
11.17 	(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or 
11.18 	turtle, frog, or crayfish harvesting in an infested water that is designated solely because it 
11.19 	contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a 
11.20 	minimum of two days before they are used in any other waters, except as provided in this 
11.21 	paragraph. Commercial licensees must notify the department's regional or area fisheries 
11.22 	office or a conservation officer before removing nets or equipment from an infested water 
11.23 	designated solely because it contains Eurasian water milfoil and before resetting those 
11.24 	nets or equipment in any other waters. Upon notification, the commissioner may authorize 
11.25 	a commercial licensee to move nets or equipment to another water without freezing or 
11.26 	drying, if that water is designated as infested solely because it contains Eurasian water 
11.27 	milfoil.
11.28 	(c) A commercial licensee must remove all aquatic macrophytes from nets and other 
11.29 	equipment when the nets and equipment are removed from waters of the state.
11.30 	(d) The commissioner shall provide a commercial licensee with a current listing of 
11.31 	designated infested waters at the time that a license or permit is issued.

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

11.33 	Sec. 25. Minnesota Statutes 2010, section 84D.09, is amended to read:
11.34 	84D.09 AQUATIC MACROPHYTES.
12.1 		Subdivision 1.Transportation prohibited. A person may not transport aquatic 
12.2 	macrophytes on any state forest road as defined by section 89.001, subdivision 14, any 
12.3 	road or highway as defined in section 160.02, subdivision 26, or any other public road, 
12.4 	except as provided in this section. 
12.5 		Subd. 2.Exceptions. Unless otherwise prohibited by law, a person may transport 
12.6 	aquatic macrophytes:
12.7 	(1) that are duckweeds in the family Lemnaceae;
12.8 	(2) for disposal as part of a harvest or control activity conducted under an aquatic 
12.9 	plant management permit pursuant to section 103G.615, under permit pursuant to section 
12.10 	84D.11, or as specified by the commissioner; 
12.11 	(3) for purposes of constructing shooting or observation blinds in amounts sufficient 
12.12 	for that purpose, provided that the aquatic macrophytes are emergent and cut above the 
12.13 	waterline;
12.14 	(4) when legally purchased or traded by or from commercial or hobbyist sources for 
12.15 	aquarium, wetland or lakeshore restoration, or ornamental purposes;
12.16 	(5) when harvested for personal or commercial use if in a motor vehicle;
12.17 	(6) to the department, or another destination as the commissioner may direct, in a 
12.18 	sealed container for purposes of identifying a species or reporting the presence of a species;
12.19 	(7) when transporting commercial aquatic plant harvesting or control equipment to a 
12.20 	suitable location for purposes of cleaning any remaining aquatic macrophytes;
12.21 	(8) that are wild rice harvested under section 84.091; or
12.22 	(9) in the form of fragments of emergent aquatic macrophytes incidentally 
12.23 	transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl 
12.24 	season.; or
12.25 	(10) when removing water-related equipment from waters of the state for purposes 
12.26 	of cleaning off aquatic macrophytes before leaving a water access site.

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

12.28 	Sec. 26. Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read:
12.29 		Subdivision 1.Launching prohibited. A person may not place or attempt to 
12.30 	place into waters of the state a watercraft, a trailer, or aquatic plant harvesting or control
12.31 	equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species 
12.32 	attached except as provided in this section.

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

13.1 	Sec. 27. Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read:
13.2 		Subd. 3.Removal and confinement. (a) A conservation officer or other licensed 
13.3 	peace officer may order:
13.4 	(1) the removal of aquatic macrophytes or prohibited invasive species from a trailer 
13.5 	or watercraft water-related equipment before it is placed into waters of the state;
13.6 	(2) confinement of the watercraft water-related equipment at a mooring, dock, or 
13.7 	other location until the watercraft water-related equipment is removed from the water; and
13.8 	(3) removal of a watercraft water-related equipment from waters of the state 
13.9 	to remove prohibited invasive species if the water has not been designated by the 
13.10 	commissioner as being infested with that species.; and 
13.11 	(4) a prohibition on placing water-related equipment into waters of the state when 
13.12 	the water-related equipment has aquatic macrophytes or prohibited invasive species 
13.13 	attached in violation of subdivision 1 or when water has not been drained or the drain plug 
13.14 	has not been removed in violation of subdivision 4.
13.15 	(b) An inspector who is not a licensed peace officer may issue orders under 
13.16 	paragraph (a), clauses (1), (3), and (4).

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

13.18 	Sec. 28. Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read:
13.19 		Subd. 4.Persons leaving public waters; report transporting water-related 
13.20 	equipment. (a) A person When leaving waters of the state a person must drain 
13.21 	boating-related water-related equipment holding water and live wells and bilges by 
13.22 	removing the drain plug before transporting the watercraft and associated water-related
13.23 	equipment on public roads off the water access site or riparian property. 
13.24 	(b) Drain plugs, bailers, valves, or other devices used to control the draining of water 
13.25 	from ballast tanks, bilges, and live wells must be removed or opened while transporting 
13.26 	watercraft on a public road water-related equipment.
13.27 	(c) Emergency response vehicles and equipment may be transported on a public road 
13.28 	with the drain plug or other similar device replaced only after all water has been drained 
13.29 	from the equipment upon leaving the water body.
13.30 	(d) Marine sanitary systems and portable bait containers are excluded exempt from 
13.31 	this requirement subdivision.
13.32 	(e) A person must not dispose of bait in waters of the state.
13.33 	(b) The commissioner shall report, by January 15 of each odd-numbered year, to 
13.34 	the chairs and ranking minority members of the house of representatives and senate 
13.35 	committees and divisions having jurisdiction over water resources policy and finance. The 
14.1 	report shall advise the legislature on additional measures to protect state water resources 
14.2 	from human transport of invasive species.

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

14.4 	Sec. 29. [84D.105] INSPECTION OF WATERCRAFT AND WATER-RELATED 
14.5 	EQUIPMENT.
14.6 		Subdivision 1.Compliance inspections. Compliance with aquatic invasive species 
14.7 	inspection requirements is an express condition of operating or transporting water-related 
14.8 	equipment. An inspector may prohibit an individual who refuses to allow an inspection of 
14.9 	the individual's water-related equipment or who refuses to remove and dispose of aquatic 
14.10 	invasive species, aquatic macrophytes, and water from placing or operating water-related 
14.11 	equipment in waters of the state.
14.12 		Subd. 2.Inspector authority. (a) The commissioner shall train and authorize 
14.13 	individuals to inspect water-related equipment for aquatic macrophytes, aquatic 
14.14 	invasive species, and water. Inspectors may visually and tactilely inspect watercraft 
14.15 	and water-related equipment to determine whether aquatic invasive species, aquatic 
14.16 	macrophytes, or water is present. If a person transporting watercraft or water-related 
14.17 	equipment refuses to take required corrective actions or fails to comply with an order 
14.18 	under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall 
14.19 	refer the violation to a conservation officer or other licensed peace officer.
14.20 	(b) In addition to paragraph (a), a conservation officer or other licensed peace officer 
14.21 	may inspect any watercraft or water-related equipment that is stopped at a water access 
14.22 	site or stopped at any other location in the state if the officer determines there is reason 
14.23 	to believe that aquatic invasive species, aquatic macrophytes, or water is present on the 
14.24 	watercraft or water-related equipment.
14.25 	(c) Conservation officers or other licensed peace officers may utilize check stations 
14.26 	in locations, or in proximity to locations, where watercraft or other water-related 
14.27 	equipment is placed into or removed from waters of the state. Any check stations shall be 
14.28 	operated in a manner that minimizes delays to vehicles, equipment, and their occupants.

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

14.30 	Sec. 30. [84D.108] SERVICE PROVIDER PERMIT.
14.31 		Subdivision 1.Service provider permit required. (a) Service providers must apply 
14.32 	for and obtain a permit from the commissioner before providing any services described in 
14.33 	section 84D.01, subdivision 15a.
15.1 	(b) Service providers must have a valid permit in possession while providing 
15.2 	services described in section 84D.01, subdivision 15a.
15.3 		Subd. 2.Permit requirements. (a) Service providers must complete invasive 
15.4 	species training provided by the commissioner and pass an examination to qualify for a 
15.5 	permit. Service provider permits are valid for three calendar years.
15.6 	(b) A $50 application and testing fee is required for service provider permit 
15.7 	applications.
15.8 		Subd. 3.Standard for issuing. The commissioner may issue, deny, modify, or 
15.9 	revoke a permit as provided in section 84D.11, subdivision 3.
15.10 		Subd. 4.Appeal of permit decision. Permit decisions may be appealed as provided 
15.11 	in section 84D.11, subdivision 4.

15.12 	Sec. 31. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read:
15.13 		Subd. 2a.Harvest of bait from infested waters. (a) The commissioner may issue 
15.14 	a permit to allow the harvest of bait from waters that are designated as infested waters, 
15.15 	except those designated because they contain prohibited invasive species of fish. The 
15.16 	permit shall include conditions necessary to avoid spreading aquatic invasive species.
15.17 	(b) Before receiving a permit, or working for a permittee, a person annually 
15.18 	must satisfactorily complete aquatic invasive species-related training provided by the 
15.19 	commissioner.

15.20 	Sec. 32. Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read:
15.21 		Subd. 3.Criminal penalties. (a) A person who violates a provision of section
15.22 	sections 84D.03 or84D.06, 84D.07, 84D.08, or 84D.10 to 84D.11, or a rule adopted under 
15.23 	section 84D.12, is guilty of a misdemeanor. 
15.24 	(b) A person who possesses, transports, or introduces a prohibited invasive species in 
15.25 	violation of section 84D.05 is guilty of a misdemeanor. A person who imports, purchases, 
15.26 	sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty 
15.27 	of a gross misdemeanor. 
15.28 	(c) A person who refuses to obey an order of a peace officer or conservation officer 
15.29 	to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer, 
15.30 	or plant harvesting water-related equipment is guilty of a gross misdemeanor.

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

15.32 	Sec. 33. Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read:
16.1 		Subd. 4.Warnings; civil citations. After appropriate training, conservation 
16.2 	officers, other licensed peace officers, and other department personnel designated by the 
16.3 	commissioner may issue warnings or citations to a person who:
16.4 	(1) unlawfully transports prohibited invasive species or aquatic macrophytes;
16.5 	(2) unlawfully places or attempts to place into waters of the state a trailer, a 
16.6 	watercraft, or plant harvesting water-related equipment that has aquatic macrophytes 
16.7 	or prohibited invasive species attached;
16.8 	(3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed 
16.9 	by rule, Eurasian water milfoil;
16.10 	(4) fails to remove plugs, open valves, and drain water, as required by rule, from 
16.11 	watercraft and water-related equipment before leaving designated zebra mussel, spiny 
16.12 	water flea, or other invasive plankton infested waters of the state or when transporting 
16.13 	water-related equipment as provided in section 84D.10, subdivision 4; or
16.14 	(5) transports infested water, in violation of rule, off riparian property.

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

16.16 	Sec. 34. Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read:
16.17 		Subd. 5.Civil penalties. A civil citation issued under this section must impose 
16.18 	the following penalty amounts:
16.19 	(1) for transporting aquatic macrophytes on a forest road as defined by section 
16.20 	89.001, subdivision 14, road or highway as defined by section 160.02, subdivision 26, or 
16.21 	any other public road, $50 in violation of section 84D.09, $50;
16.22 	(2) for placing or attempting to place into waters of the state a watercraft, a trailer, or 
16.23 	aquatic plant harvesting water-related equipment that has aquatic macrophytes attached, 
16.24 	$100;
16.25 	(3) for unlawfully possessing or transporting a prohibited invasive species other 
16.26 	than an aquatic macrophyte, $250;
16.27 	(4) for placing or attempting to place into waters of the state a watercraft, a trailer, 
16.28 	or aquatic plant harvesting water-related equipment that has prohibited invasive species 
16.29 	attached when the waters are not designated by the commissioner as being infested with 
16.30 	that invasive species, $500 for the first offense and $1,000 for each subsequent offense;
16.31 	(5) for intentionally damaging, moving, removing, or sinking a buoy marking, as 
16.32 	prescribed by rule, Eurasian water milfoil, $100;
16.33 	(6) for failing to remove plugs, open valves, and drain water, as required by rule, 
16.34 	for infested waters and from watercraft and water-related equipment, other than marine 
16.35 	sanitary systems and portable bait containers, before leaving waters of the state, $50; and
17.1 	(7) for transporting infested water off riparian property without a permit as required 
17.2 	by rule, $200.

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

17.4 	Sec. 35. Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read:
17.5 		Subd. 6.Watercraft license suspension. A civil citation may be issued to suspend, 
17.6 	for up to a year, the watercraft license of an owner or person in control of a watercraft 
17.7 	or trailer who refuses to submit to an inspection under section 84D.02, subdivision 4,
17.8 	84D.105 or who refuses to comply with a removal order given under this section 84D.13. 

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

17.10 	Sec. 36. Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read:
17.11 		Subd. 7.Satisfaction of civil penalties. A civil penalty is due and a watercraft 
17.12 	license suspension is effective 30 days after issuance of the civil citation. A civil penalty 
17.13 	collected under this section is payable tomust be paid to either: (1) the commissioner
17.14 	if the citation was issued by a conservation officer and must be credited to the invasive 
17.15 	species account.; or (2) the treasury of the unit of government employing the officer who 
17.16 	issued the civil citation.

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

17.18 	Sec. 37. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read:
17.19 		Subd. 2.Receipts. Money received from surcharges on watercraft licenses under 
17.20 	section 86B.415, subdivision 7, and civil penalties under section 84D.13, and service 
17.21 	provider permits under section 84D.108, shall be deposited in the invasive species account. 
17.22 	Each year, the commissioner of management and budget shall transfer from the game and 
17.23 	fish fund to the invasive species account, the annual surcharge collected on nonresident 
17.24 	fishing licenses under section 97A.475, subdivision 7, paragraph (b). In fiscal years 2010 
17.25 	and 2011, the commissioner of management and budget shall transfer $725,000 from the 
17.26 	water recreation account under section 86B.706 to the invasive species account.

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

17.28 	Sec. 38. Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read:
18.1 		Subd. 5.Motorized vehicle trails restricted. (a) From December 1 to April 1 in 
18.2 	any year no use of a motorized vehicle other than a snowmobile, unless authorized by 
18.3 	permit, lease, or easement, shall be permitted on a trail designated for use by snowmobiles.
18.4 	(b) From December 1 to April 1 in any year No use of a motorized vehicle other 
18.5 	than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized 
18.6 	by permit, lease, or easement, shall be permitted on a trail designated for use by all-terrain 
18.7 	vehicles, off-road vehicles, or both, and off-highway motorcycles.

18.8 	Sec. 39. Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read:
18.9 		Subd. 4b.Regional trails. The commissioner shall administer a program to 
18.10 	provide grants to units of government for acquisition and betterment of public land and 
18.11 	improvements needed for trails outside the metropolitan area deemed to be of regional 
18.12 	significance according to criteria published by the commissioner. Recipients must provide 
18.13 	a nonstate cash match of at least one-half25 percent of total eligible project costs. If 
18.14 	land used for the trails is not in full public ownership, then the recipients must prove it 
18.15 	is dedicated to the purposes of the grants for at least 20 years. The commissioner shall 
18.16 	make payment to a unit of government upon receiving documentation of reimbursable 
18.17 	expenditures. A unit of government may enter into a lease or management agreement 
18.18 	for the trail, subject to section 16A.695. 

18.19 	Sec. 40. Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read:
18.20 		Subd. 4c.Trail connections. The commissioner shall administer a program to 
18.21 	provide grants to units of government for acquisition and betterment of public land and 
18.22 	improvements needed for trails that connect communities, trails, and parks and thereby 
18.23 	increase the effective length of trail experiences. Recipients must provide a nonstate cash 
18.24 	match of at least one-half25 percent of total eligible project costs. If land used for the 
18.25 	trails is not in full public ownership, then the recipients must prove it is dedicated to the 
18.26 	purposes of the grants for at least 20 years. The commissioner shall make payment to a 
18.27 	unit of government upon receiving documentation of reimbursable expenditures. A unit 
18.28 	of government may enter into a lease or management agreement for the trail, subject 
18.29 	to section 16A.695. 

18.30 	Sec. 41. Minnesota Statutes 2010, section 85.32, subdivision 1, is amended to read:
18.31 		Subdivision 1.Areas marked. The commissioner of natural resources is authorized 
18.32 	in cooperation with local units of government and private individuals and groups when 
18.33 	feasible to mark state water trails on the Little Fork, Big Fork, Minnesota, St. Croix, 
19.1 	Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, 
19.2 	Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan, 
19.3 	Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in 
19.4 	Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood, 
19.5 	Blue Earth, Cedar, and Crow Rivers which have historic and scenic values and to mark 
19.6 	appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls, 
19.7 	whirlpools, and other serious hazards which are dangerous to canoe, kayak, and watercraft 
19.8 	travelers.

19.9 	Sec. 42. Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:
19.10 		Subd. 3.Voluntary titling. The owner of a device used or designed for navigation 
19.11 	on water and used on the waters of this state may obtain a certificate of title for the device, 
19.12 	even though it is not a watercraft as defined in section 86B.820, subdivision 14, in the 
19.13 	same manner and with the same effect as the owner of a watercraft required to be titled 
19.14 	under Laws 1989, chapter 335 sections 86B.820 to 86B.920. Once titled, the device 
19.15 	is a titled watercraft as defined in section 86B.820, subdivision 13, and is and remains 
19.16 	subject to Laws 1989, chapter 335 sections 86B.820 to 86B.920, to the same extent as a 
19.17 	watercraft required to be titled. 

19.18 	Sec. 43. Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:
19.19 		Subd. 2.Issuance. (a) The commissioner shall issue a certificate of title for a 
19.20 	watercraft upon verification that:
19.21 	(1) the application is genuine;
19.22 	(2) the applicant is the owner of the watercraft; and
19.23 	(3) payment of the required fee.
19.24 	(b) The original certificate of title must be mailed to the first secured party disclosed 
19.25 	in the application or, if none, to the owner named in the application. Secured parties, if 
19.26 	any, must be mailed notification of their security interest filed.

19.27 	Sec. 44. Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:
19.28 		Subdivision 1.Form and issuance. (a) The commissioner may issue a duplicate 
19.29 	certificate of title under this section. The duplicate certificate of title must be a certified 
19.30 	copy plainly marked "duplicate" across its face and must contain the legend: "This 
19.31 	duplicate certificate of title may be subject to the rights of a person under the original 
19.32 	certificate." It must be mailed to the first secured party named in it or, if none, to the owner. 
19.33 	The commissioner shall indicate in the department records that a duplicate has been issued.
20.1 	(b) As a condition to issuing a duplicate certificate of title, the commissioner may 
20.2 	require a bond from the applicant in the manner and form prescribed in section 86B.830, 
20.3 	subdivision 4, paragraph (b). 

20.4 	Sec. 45. Minnesota Statutes 2010, section 86B.885, is amended to read:
20.5 	86B.885 OWNER-CREATED SECURITY INTEREST.
20.6 	Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
20.7 	(a) The owner shall immediately execute the application in the space provided on the 
20.8 	certificate of title or on a separate form prescribed by the commissioner, show the name 
20.9 	and address of the secured party on the certificate, and have the certificate, application, 
20.10 	and required fee delivered to the secured party.
20.11 	(b) The secured party shall immediately have the certificate, application, and 
20.12 	required fee mailed or delivered to the commissioner.
20.13 	(c) Upon request of the owner or A second or subordinate secured party, a secured 
20.14 	party in possession of the certificate of title shall either (1) mail or deliver the certificate 
20.15 	to the subordinate secured party for delivery to the commissioner, or (2) upon receiving 
20.16 	from the subordinate secured party the owner's application and the required fee, mail or 
20.17 	deliver them to the commissioner with the certificate. The delivery of the certificate does 
20.18 	not affect the rights of the first secured party under the security agreement.
20.19 	(d) Upon receiving the certificate of title, application, and required fee, the 
20.20 	commissioner shall either endorse on the certificate or issue a new certificate containing 
20.21 	the name and address of the new secured party, and mail or deliver the certificate to the 
20.22 	first secured party named on it owner. The secured party or parties shall be issued a 
20.23 	notification that the security interest has been recorded.

20.24 	Sec. 46. Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read:
20.25 		Subdivision 1.Establishment; membership. The Mineral Coordinating Committee 
20.26 	is established to plan for diversified mineral development. The Mineral Coordinating 
20.27 	Committee consists of:
20.28 	(1) the commissioner of natural resources;
20.29 	(2) the deputy commissioner of the Minnesota Pollution Control Agency;
20.30 	(3) the director of United Steelworkers of America, District 11, or the director's 
20.31 	designee;
20.32 	(4) (3) the commissioner of Iron Range resources and rehabilitation;
20.33 	(5) (4) the director of the Minnesota Geological Survey;
20.34 	(6) (5) the dean of the University of Minnesota Institute of Technology;
21.1 	(7) (6) the director of the Natural Resources Research Institute; and
21.2 	(8) three (7) four individuals appointed by the governor for a four-year term, one 
21.3 	each representing the iron ore and taconite, nonferrous metallic minerals, and industrial 
21.4 	minerals industries within the state and one representing labor.

21.5 	Sec. 47. Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read:
21.6 		Subd. 3.Expiration. Notwithstanding section 15.059, subdivision 5, or other law to 
21.7 	the contrary, the committee expires June 30, 2011 2016.

21.8 	Sec. 48. Minnesota Statutes 2010, section 97A.055, subdivision 4b, is amended to read:
21.9 		Subd. 4b.Citizen oversight subcommittees committees. (a) The commissioner 
21.10 	shall appoint subcommittees committees of affected persons to review the reports 
21.11 	prepared under subdivision 4; review the proposed work plans and budgets for the coming 
21.12 	year; propose changes in policies, activities, and revenue enhancements or reductions; 
21.13 	review other relevant information; and make recommendations to the legislature and 
21.14 	the commissioner for improvements in the management and use of money in the game 
21.15 	and fish fund.
21.16 	(b) The commissioner shall appoint the following subcommittees committees, each 
21.17 	comprised of at least three ten affected persons:
21.18 	(1) a Fisheries Operations Subcommittee Oversight Committee to review fisheries 
21.19 	funding and expenditures, excluding including activities related to trout and salmon stamp
21.20 	stamps and walleye stamp funding stamps; and
21.21 	(2) a Wildlife Operations Subcommittee Oversight Committee to review wildlife 
21.22 	funding and expenditures, excluding including activities related to migratory waterfowl, 
21.23 	pheasant, and wild turkey management funding and excluding review of the amounts 
21.24 	available under section 97A.075, subdivision 1, paragraphs (b) and (c); deer and big 
21.25 	game management.
21.26 	(3) a Big Game Subcommittee to review the report required in subdivision 4, 
21.27 	paragraph (a), clause (2);
21.28 	(4) an Ecological Resources Subcommittee to review ecological services funding;
21.29 	(5) a subcommittee to review game and fish fund funding of enforcement and 
21.30 	operations support;
21.31 	(6) a subcommittee to review the trout and salmon stamp report and address funding 
21.32 	issues related to trout and salmon;
21.33 	(7) a subcommittee to review the report on the migratory waterfowl stamp and 
21.34 	address funding issues related to migratory waterfowl;
22.1 	(8) a subcommittee to review the report on the pheasant stamp and address funding 
22.2 	issues related to pheasants;
22.3 	(9) a subcommittee to review the report on the wild turkey management account and 
22.4 	address funding issues related to wild turkeys; and
22.5 	(10) a subcommittee to review the walleye stamp and address funding issues related 
22.6 	to walleye stocking.
22.7 	(c) The chairs of each of the subcommittees Fisheries Oversight Committee and the 
22.8 	Wildlife Oversight Committee, and four additional members from each committee, shall 
22.9 	form a Budgetary Oversight Committee to coordinate the integration of the subcommittee
22.10 	fisheries and wildlife oversight committee reports into an annual report to the legislature; 
22.11 	recommend changes on a broad level in policies, activities, and revenue enhancements or 
22.12 	reductions; and provide a forum to address issues that transcend the subcommittees; and 
22.13 	submit a report for any subcommittee that fails to submit its report in a timely manner
22.14 	fisheries and wildlife oversight committees.
22.15 	(d) The Budgetary Oversight Committee shall develop recommendations for a 
22.16 	biennial budget plan and report for expenditures on game and fish activities. By August 15 
22.17 	of each even-numbered year, the committee shall submit the budget plan recommendations 
22.18 	to the commissioner and to the senate and house of representatives committees with 
22.19 	jurisdiction over natural resources finance.
22.20 	(e) Each subcommittee shall choose its own chair, except that The chairs of the 
22.21 	Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen 
22.22 	by their respective committees. The chair of the Budgetary Oversight Committee shall 
22.23 	be appointed by the commissioner and may not be the chair of any of the subcommittees
22.24 	either of the other oversight committees.
22.25 	(f) The Budgetary Oversight Committee must may make recommendations to the 
22.26 	commissioner and to the senate and house of representatives committees with jurisdiction 
22.27 	over natural resources finance for outcome goals from expenditures.
22.28 	(g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, the 
22.29 	Fisheries Oversight Committee, the Wildlife Oversight Committee, and the Budgetary 
22.30 	Oversight Committee and subcommittees do not expire until June 30, 2010 2015.

22.31 	Sec. 49. [97A.134] ADOPT-A-WMA PROGRAM.
22.32 		Subdivision 1.Creation. The Minnesota adopt-a-WMA (wildlife management area) 
22.33 	program is established. The commissioner shall coordinate the program through the 
22.34 	regional offices of the Department of Natural Resources.
23.1 		Subd. 2.Agreements. (a) The commissioner shall enter into informal agreements 
23.2 	with sporting, outdoor, business, and civic groups or individuals for volunteer services to 
23.3 	maintain and make improvements to real property on state wildlife management areas in 
23.4 	accordance with plans devised by the commissioner after consultation with the groups 
23.5 	or individuals.
23.6 	(b) The commissioner may erect appropriate signs to recognize and express 
23.7 	appreciation to groups and individuals providing volunteer services under the 
23.8 	adopt-a-WMA program.
23.9 	(c) The commissioner may provide assistance to enhance the comfort and safety of 
23.10 	volunteers and to facilitate the implementation and administration of the adopt-a-WMA 
23.11 	program.

23.12 	Sec. 50. Minnesota Statutes 2010, section 103B.661, subdivision 2, is amended to read:
23.13 		Subd. 2.Powers. Subject to the provisions of chapters 97A, 103D, 103E, 103G, 
23.14 	and 115, and the rules and regulations of the respective agencies and governing bodies 
23.15 	vested with jurisdiction and authority under those chapters, the district has the following 
23.16 	powers to:
23.17 	(1) regulate the types of boats permitted to use the lake and set service fees;
23.18 	(2) limit the use of motors, including their types and horsepower, on the lake;
23.19 	(3) regulate, maintain, and police public beaches, public docks, and other public 
23.20 	facilities for access to the lake within the territory of the municipalities;
23.21 	(4) limit by rule the use of the lake at various times and the use of various parts of 
23.22 	the lake;
23.23 	(5) regulate the speed of boats on the lake and the conduct of other activities on the 
23.24 	lake to secure the safety of the public and the most general public use;
23.25 	(6) contract with other law enforcement agencies to police the lake and its shores;
23.26 	(7) regulate the construction, installation, and maintenance of permanent and 
23.27 	temporary docks and moorings consistent with federal and state law;
23.28 	(8) regulate the construction and use of mechanical and chemical means of deicing 
23.29 	the lake and to regulate the mechanical and chemical means of removal of weeds and 
23.30 	algae from the lake;
23.31 	(9) regulate the construction, configuration, size, location, and maintenance of 
23.32 	commercial marinas and their related facilities including parking areas and sanitary 
23.33 	facilities. The regulation shall be consistent with the applicable municipal building codes 
23.34 	and zoning ordinances where said marinas are situated;
24.1 	(10) contract with other governmental bodies to perform any of the functions 
24.2 	of the district;
24.3 	(11) undertake research to determine the condition and development of the lake and 
24.4 	the water entering it and to transmit their studies to the Pollution Control Agency and other 
24.5 	interested authorities; and to develop a comprehensive program to eliminate pollution;
24.6 	(12) receive financial assistance from and join in projects or enter into contracts 
24.7 	with federal and state agencies for the study and treatment of pollution problems and 
24.8 	demonstration programs related to them;
24.9 	(13) petition the board of managers of a watershed district where the White Bear 
24.10 	Lake Conservation District is located for improvements under section 103D.705, for 
24.11 	which a bond may not be required of the district; and 
24.12 	(14) to require the submission of all plans pertaining to or affecting construction or 
24.13 	other lakeshore use on any lot or parcel of land abutting the shoreline including: length 
24.14 	of setback from the shoreline, adjoining property, or any street or highway; problems of 
24.15 	population density; possible water, air or visual pollution; or height of construction. The 
24.16 	board shall have 60 days after submission of plans or any part thereof for review. If, within 
24.17 	60 days of submission the board finds the plan or any part is inconsistent with its plans or 
24.18 	ordinances, it may recommend that the plan or any part be revised and resubmitted.

24.19 	Sec. 51. Minnesota Statutes 2010, section 103F.705, is amended to read:
24.20 	103F.705 PURPOSE.
24.21 	(a) It is the purpose of the legislature in enacting sections 103F.701 to 103F.761
24.22 	103F.755 to protect and improve, enhance, and restore surface and ground water in the 
24.23 	state, through financial and technical assistance to local units of government to control
24.24 	prevent water pollution, including that associated with land use and land management 
24.25 	activities., and
24.26 	(b) It is also the purpose of the legislature to:
24.27 	(1) identify water quality problems and their causes;
24.28 	(2) direct technical and financial resources to resolve water quality problems and to 
24.29 	abate their causes;
24.30 	(3) provide technical and financial resources to local units of government for 
24.31 	implementation of water quality protection and improvement projects;
24.32 	(4) coordinate a nonpoint source pollution control program with elements of the 
24.33 	existing state water quality program and other existing resource management programs; 
24.34 	and
25.1 	(5) to provide a legal basis for state implementation of federal laws controlling 
25.2 	nonpoint source water pollution.

25.3 	Sec. 52. Minnesota Statutes 2010, section 103F.711, subdivision 8, is amended to read:
25.4 		Subd. 8.Project. "Project" means the diagnostic study identification of water 
25.5 	pollution caused by nonpoint sources of water pollution and its causes, a plan to implement 
25.6 	best management practices prevent water pollution or protect and improve water quality, 
25.7 	and the physical features constructed or actions taken by a local unit of government to 
25.8 	implement best management practices measures taken to prevent water pollution or 
25.9 	protect and improve water quality.

25.10 	Sec. 53. Minnesota Statutes 2010, section 103F.715, is amended to read:
25.11 	103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.
25.12 	A clean water partnership program is established as provided in sections 103F.701 to 
25.13 	103F.761 103F.755. The agency shall administer the program in accordance with these 
25.14 	sections. As a basis for the program, the agency and the Metropolitan Council shall 
25.15 	conduct an assessment of waters in accordance with section 103F.721. The agency shall 
25.16 	then provide financial and technical assistance in accordance with section 103F.725 to local 
25.17 	units of government for projects in geographical areas that contribute to surface or ground 
25.18 	water flows. The projects shall provide for protection and improvement, enhancement, or 
25.19 	restoration of surface and ground water from nonpoint sources of water pollution. 

25.20 	Sec. 54. Minnesota Statutes 2010, section 103F.725, subdivision 1, is amended to read:
25.21 		Subdivision 1.Grants. (a) The agency may award grants for up to 50 percent 
25.22 	of the eligible cost for: projects.
25.23 	(1) the development of a diagnostic study and implementation plan; and
25.24 	(2) the implementation of that plan.
25.25 	(b) The agency shall determine which costs are eligible costs and grants shall be 
25.26 	made and used only for eligible costs.

25.27 	Sec. 55. Minnesota Statutes 2010, section 103F.725, subdivision 1a, is amended to 
25.28 	read:
25.29 		Subd. 1a.Loans. (a) Up to $36,000,000 $50,000,000 of the balance in the clean 
25.30 	water revolving fund in section 446A.07, as determined by the Public Facilities Authority, 
25.31 	may be provided to the commissioner for the establishment of a clean water partnership 
25.32 	loan program.
26.1 	(b) The agency may award loans for up to 100 percent of the costs associated with 
26.2 	activities identified by the agency as best management practices pursuant to section 
26.3 	319 and section 320 of the federal Water Quality Act of 1987, as amended, including 
26.4 	associated administrative costs.
26.5 	(c) Loans may be used to finance clean water partnership grant project eligible costs 
26.6 	not funded by grant assistance.
26.7 	(d) The interest rate, at or below market rate, and the term, not to exceed 20 years, 
26.8 	shall be determined by the agency in consultation with the Public Facilities Authority.
26.9 	(e) The repayment must be deposited in the clean water revolving fund under section 
26.10 	446A.07.
26.11 	(f) The local unit of government receiving the loan is responsible for repayment of 
26.12 	the loan.
26.13 	(g) For the purpose of obtaining a loan from the agency, a local government unit 
26.14 	may provide to the agency its general obligation note. All obligations incurred by a local 
26.15 	government unit in obtaining a loan from the agency must be in accordance with chapter 
26.16 	475, except that so long as the obligations are issued to evidence a loan from the agency 
26.17 	to the local government unit, an election is not required to authorize the obligations 
26.18 	issued, and the amount of the obligations shall not be included in determining the net 
26.19 	indebtedness of the local government unit under the provisions of any law or chapter 
26.20 	limiting the indebtedness.

26.21 	Sec. 56. Minnesota Statutes 2010, section 103F.731, subdivision 2, is amended to read:
26.22 		Subd. 2.Eligibility; documents required. (a) Local units of government are 
26.23 	eligible to apply for assistance. An applicant for assistance shall submit the following 
26.24 	to the agency:
26.25 	(1) an application a project proposal form as prescribed by the agency; and
26.26 	(2) evidence that the applicant has consulted with the involved local soil and 
26.27 	water conservation districts and watershed districts, where they exist, in preparing the 
26.28 	application; and.
26.29 	(3) (b) The proposed project must be identified in at least one of the following 
26.30 	documents:
26.31 	(i) (1) the comprehensive water plan authorized under sections 103B.301 to 
26.32 	103B.355; 
26.33 	(ii) (2) a surface water management plan required under section 103B.231; 
26.34 	(iii) (3) an overall plan required under chapter 103D; or
27.1 	(iv) (4) any other local plan that provides an inventory of existing physical and 
27.2 	hydrologic information on the area, a general identification of water quality problems 
27.3 	and goals, and that demonstrates a local commitment to water quality protection or 
27.4 	improvement., enhancement, or restoration;
27.5 	(5) an approved total maximum daily load (TMDL) or a TMDL implementation 
27.6 	plan; or
27.7 	(6) a watershed protection and restoration strategy implementation plan.
27.8 	(b) After July 1, 1991, only projects that are a part of, or are responsive to, a local 
27.9 	water plan under the Comprehensive Local Water Management Act, chapter 103D, or 
27.10 	sections 103B.211 to 103B.255, will be eligible under paragraph (a), clause (3). 
27.11 	(c) The document submitted in compliance with paragraph (a), clause (2), must 
27.12 	identify existing and potential nonpoint source water pollution problems and must 
27.13 	recognize the need and demonstrate the applicant's commitment to abate or prevent water 
27.14 	pollution from nonpoint sources in the geographic areas for which the application is 
27.15 	submitted.

27.16 	Sec. 57. Minnesota Statutes 2010, section 103F.735, is amended to read:
27.17 	103F.735 AGENCY REVIEW OF APPLICATIONS PROPOSALS.
27.18 		Subdivision 1.Ranking of applications proposals. The agency shall rank 
27.19 	applications proposals for technical and financial assistance in order of priority and shall, 
27.20 	within the limits of available appropriations, grant those applications proposals having 
27.21 	the highest priority. The agency shall by rule adopt appropriate criteria to determine 
27.22 	the priority of projects.
27.23 		Subd. 2.Criteria. (a) The criteria shall give the highest priority to projects that best 
27.24 	demonstrate compliance with the objectives in paragraphs (b) to (e) (d).
27.25 	(b) The project demonstrates participation, coordination, and cooperation between 
27.26 	local units of government and, other public agencies, including soil and water conservation 
27.27 	districts or watershed districts, or both those districts and local stakeholders.
27.28 	(c) The degree of water quality improvement or protection, enhancement, or 
27.29 	restoration is maximized relative to the cost of implementing the best management 
27.30 	practices.
27.31 	(d) Best management practices provide a feasible means to abate or prevent nonpoint 
27.32 	source water pollution.
27.33 	(e) The project goals and objectives are consistent with the state water quality 
27.34 	management plans, the statewide resource assessment conducted under section 103F.721, 
27.35 	and other applicable state and local resource management programs.

28.1 	Sec. 58. Minnesota Statutes 2010, section 103F.741, subdivision 1, is amended to read:
28.2 		Subdivision 1.Implementation according to law and contract. A local unit 
28.3 	of government receiving technical or financial assistance, or both, from the agency 
28.4 	shall carry out the implementation plan project approved by the agency according to the 
28.5 	terms of the plan, the provisions of a contract or grant agreement made with the agency 
28.6 	and according to sections 103F.701 to 103F.761 103F.755, the rules of the agency, and 
28.7 	applicable federal requirements. 

28.8 	Sec. 59. Minnesota Statutes 2010, section 103F.745, is amended to read:
28.9 	103F.745 RULES.
28.10 	(a) The agency shall adopt rules necessary to implement sections 103F.701 to 
28.11 	103F.761 103F.755. The rules shall contain at a minimum: 
28.12 	(1) procedures to be followed by local units of government in applying for technical 
28.13 	or financial assistance or both;
28.14 	(2) conditions for the administration of assistance;
28.15 	(3) procedures for the development, evaluation, and implementation of best 
28.16 	management practices requirements for a project;
28.17 	(4) requirements for a diagnostic study and implementation plan criteria for the 
28.18 	evaluation and approval of a project;
28.19 	(5) criteria for the evaluation and approval of a diagnostic study and implementation 
28.20 	plan;
28.21 	(6) criteria for the evaluation of best management practices;
28.22 	(7) criteria for the ranking of projects in order of priority for assistance;
28.23 	(8) (6) criteria for defining and evaluating eligible costs and cost-sharing by local 
28.24 	units of government applying for assistance;
28.25 	(7) requirements for providing measurable outcomes; and
28.26 	(9) (8) other matters as the agency and the commissioner find necessary for the proper 
28.27 	administration of sections 103F.701 to 103F.761 103F.755, including any rules determined 
28.28 	by the commissioner to be necessary for the implementation of federal programs to control 
28.29 	nonpoint source water pollution protect, enhance, or restore water quality. 
28.30 	(b) For financial assistance by loan under section 103F.725, subdivision 1a, criteria 
28.31 	established by rule for the clean water partnership grants program shall guide requirements 
28.32 	and administrative procedures for the loan program until January 1, 1996, or the effective 
28.33 	date of the administrative rules for the clean water partnership loan program, whichever 
28.34 	occurs first. 

29.1 	Sec. 60. Minnesota Statutes 2010, section 103F.751, is amended to read:
29.2 	103F.751 NONPOINT SOURCE POLLUTION CONTROL MANAGEMENT
29.3 	PLAN AND PROGRAM EVALUATION.
29.4 	To coordinate the programs and activities used to control nonpoint sources of 
29.5 	pollution to achieve the state's water quality goals, the agency shall:
29.6 	(1) develop a state plan for the control of nonpoint source water pollution to meet 
29.7 	the requirements of the federal Clean Water Act;, and,
29.8 	(2) work through the Environmental Quality Board to coordinate the activities 
29.9 	and programs of federal, state, and local agencies involved in nonpoint source pollution 
29.10 	control and, as appropriate, develop agreements with federal and state agencies to 
29.11 	accomplish the purposes and objectives of the state nonpoint source pollution control
29.12 	management plan; and.
29.13 	(3) evaluate the effectiveness of programs in achieving water quality goals 
29.14 	and recommend to the legislature, under section 3.195, subdivision 1, any necessary 
29.15 	amendments to sections 103F.701 to 103F.761.

29.16 	Sec. 61. Minnesota Statutes 2010, section 103G.005, subdivision 10e, is amended to 
29.17 	read:
29.18 		Subd. 10e.Local government unit. "Local government unit" means:
29.19 	(1) outside of the seven-county metropolitan area, a city council, county board of 
29.20 	commissioners, or a soil and water conservation district or their delegate;
29.21 	(2) in the seven-county metropolitan area, a city council, a town board under section 
29.22 	368.01, a watershed management organization under section 103B.211, or a soil and water 
29.23 	conservation district or their delegate; and
29.24 	(3) on state land, the agency with administrative responsibility for the land; and
29.25 	(4) for wetland banking projects established solely for replacing wetland impacts 
29.26 	under a permit to mine under section 93.481, the commissioner of natural resources.

29.27 	Sec. 62. Minnesota Statutes 2010, section 103G.005, is amended by adding a 
29.28 	subdivision to read:
29.29 		Subd. 10f.Electronic transmission. "Electronic transmission" means the transfer 
29.30 	of data or information through an electronic data interchange system consisting of, but not 
29.31 	limited to, computer modems and computer networks. Electronic transmission specifically 
29.32 	means electronic mail, unless other means of electronic transmission are mutually agreed 
29.33 	to by the sender and recipient.

30.1 	Sec. 63. Minnesota Statutes 2010, section 103G.2212, is amended to read:
30.2 	103G.2212 CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS 
30.3 	OR FILLS WETLANDS.
30.4 		Subdivision 1.Conditions for employees and agents to drain or fill wetlands.
 30.5 	An agent or employee of another may not drain or fill a wetland, wholly or partially, 
30.6 	unless the agent or employee has:
30.7 	(1) obtained a signed statement from the property owner stating that the wetland 
30.8 	replacement plan required for the work has been obtained or that a replacement plan 
30.9 	is not required; and
30.10 	(2) mailed or sent by electronic transmission a copy of the statement to the local 
30.11 	government unit with jurisdiction over the wetland.
30.12 		Subd. 2.Violation is separate offense. Violation of this section is a separate and 
30.13 	independent offense from other violations of sections 103G.2212 to 103G.237. 
30.14 		Subd. 3.Form for compliance with this section. The board shall develop a form 
30.15 	to be distributed to contractors' associations, local government units, and soil and water 
30.16 	conservation districts to comply with this section. The form must include:
30.17 	(1) a listing of the activities for which a replacement plan is required;
30.18 	(2) a description of the penalties for violating sections 103G.2212 to 103G.237; 
30.19 	(3) the telephone number to call for information on the responsible local government 
30.20 	unit;
30.21 	(4) a statement that national wetland inventory maps are on file with the soil and 
30.22 	water conservation district office; and
30.23 	(5) spaces for a description of the work and the names, mailing addresses or other 
30.24 	contact information, and telephone numbers of the person authorizing the work and the 
30.25 	agent or employee proposing to undertake it.

30.26 	Sec. 64. Minnesota Statutes 2010, section 103G.222, subdivision 1, is amended to read:
30.27 		Subdivision 1.Requirements. (a) Wetlands must not be drained or filled, wholly or 
30.28 	partially, unless replaced by restoring or creating wetland areas of at least equal public 
30.29 	value under a replacement plan approved as provided in section 103G.2242, a replacement 
30.30 	plan under a local governmental unit's comprehensive wetland protection and management 
30.31 	plan approved by the board under section 103G.2243, or, if a permit to mine is required 
30.32 	under section 93.481, under a mining reclamation plan approved by the commissioner 
30.33 	under the permit to mine. For project-specific wetland replacement completed prior to 
30.34 	wetland impacts authorized or conducted under a permit to mine within the Great Lakes 
30.35 	and Rainy River watershed basins, those basins shall be considered a single watershed 
31.1 	for purposes of determining wetland replacement ratios. Mining reclamation plans shall 
31.2 	apply the same principles and standards for replacing wetlands by restoration or creation 
31.3 	of wetland areas that are applicable to mitigation plans approved as provided in section 
31.4 	103G.2242. Public value must be determined in accordance with section 103B.3355 or 
31.5 	a comprehensive wetland protection and management plan established under section 
31.6 	103G.2243. Sections 103G.221 to 103G.2372 also apply to excavation in permanently 
31.7 	and semipermanently flooded areas of types 3, 4, and 5 wetlands.
31.8 	(b) Replacement must be guided by the following principles in descending order 
31.9 	of priority:
31.10 	(1) avoiding the direct or indirect impact of the activity that may destroy or diminish 
31.11 	the wetland;
31.12 	(2) minimizing the impact by limiting the degree or magnitude of the wetland 
31.13 	activity and its implementation;
31.14 	(3) rectifying the impact by repairing, rehabilitating, or restoring the affected 
31.15 	wetland environment;
31.16 	(4) reducing or eliminating the impact over time by preservation and maintenance 
31.17 	operations during the life of the activity;
31.18 	(5) compensating for the impact by restoring a wetland; and
31.19 	(6) compensating for the impact by replacing or providing substitute wetland 
31.20 	resources or environments.
31.21 	For a project involving the draining or filling of wetlands in an amount not exceeding 
31.22 	10,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, 
31.23 	paragraph (a), the local government unit may make an on-site sequencing determination 
31.24 	without a written alternatives analysis from the applicant.
31.25 	(c) If a wetland is located in a cultivated field, then replacement must be 
31.26 	accomplished through restoration only without regard to the priority order in paragraph 
31.27 	(b), provided that a deed restriction is placed on the altered wetland prohibiting 
31.28 	nonagricultural use for at least ten years.
31.29 	(d) If a wetland is drained under section 103G.2241, subdivision 2, paragraphs 
31.30 	(b) and (e), the local government unit may require a deed restriction that prohibits 
31.31 	nonagricultural use for at least ten years unless the drained wetland is replaced as provided 
31.32 	under this section. The local government unit may require the deed restriction if it 
31.33 	determines the wetland area drained is at risk of conversion to a nonagricultural use within 
31.34 	ten years based on the zoning classification, proximity to a municipality or full service 
31.35 	road, or other criteria as determined by the local government unit.
32.1 	(e) Restoration and replacement of wetlands must be accomplished in accordance 
32.2 	with the ecology of the landscape area affected and ponds that are created primarily to 
32.3 	fulfill storm water management, and water quality treatment requirements may not be 
32.4 	used to satisfy replacement requirements under this chapter unless the design includes 
32.5 	pretreatment of runoff and the pond is functioning as a wetland.
32.6 	(f) Except as provided in paragraph (g), for a wetland or public waters wetland 
32.7 	located on nonagricultural land, replacement must be in the ratio of two acres of replaced 
32.8 	wetland for each acre of drained or filled wetland.
32.9 	(g) For a wetland or public waters wetland located on agricultural land or in a greater 
32.10 	than 80 percent area, replacement must be in the ratio of one acre of replaced wetland 
32.11 	for each acre of drained or filled wetland.
32.12 	(h) Wetlands that are restored or created as a result of an approved replacement plan 
32.13 	are subject to the provisions of this section for any subsequent drainage or filling.
32.14 	(i) Except in a greater than 80 percent area, only wetlands that have been restored 
32.15 	from previously drained or filled wetlands, wetlands created by excavation in nonwetlands, 
32.16 	wetlands created by dikes or dams along public or private drainage ditches, or wetlands 
32.17 	created by dikes or dams associated with the restoration of previously drained or filled 
32.18 	wetlands may be used in a statewide banking program established in rules adopted under 
32.19 	section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally 
32.20 	occurring wetlands from one type to another are not eligible for enrollment in a statewide 
32.21 	wetlands bank.
32.22 	(j) The Technical Evaluation Panel established under section 103G.2242, subdivision 
32.23 	2, shall ensure that sufficient time has occurred for the wetland to develop wetland 
32.24 	characteristics of soils, vegetation, and hydrology before recommending that the wetland 
32.25 	be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason 
32.26 	to believe that the wetland characteristics may change substantially, the panel shall 
32.27 	postpone its recommendation until the wetland has stabilized.
32.28 	(k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 
32.29 	apply to the state and its departments and agencies.
32.30 	(l) For projects involving draining or filling of wetlands associated with a new public 
32.31 	transportation project, and for projects expanded solely for additional traffic capacity, 
32.32 	public transportation authorities may purchase credits from the board at the cost to the 
32.33 	board to establish credits. Proceeds from the sale of credits provided under this paragraph 
32.34 	are appropriated to the board for the purposes of this paragraph. For the purposes of this 
32.35 	paragraph, "transportation project" does not include an airport project.
33.1 	(m) A replacement plan for wetlands is not required for individual projects that 
33.2 	result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, 
33.3 	or replacement of a currently serviceable existing state, city, county, or town public road 
33.4 	necessary, as determined by the public transportation authority, to meet state or federal 
33.5 	design or safety standards or requirements, excluding new roads or roads expanded solely 
33.6 	for additional traffic capacity lanes. This paragraph only applies to authorities for public 
33.7 	transportation projects that:
33.8 	(1) minimize the amount of wetland filling or draining associated with the project 
33.9 	and consider mitigating important site-specific wetland functions on site;
33.10 	(2) except as provided in clause (3), submit project-specific reports to the board, the 
33.11 	Technical Evaluation Panel, the commissioner of natural resources, and members of the 
33.12 	public requesting a copy at least 30 days prior to construction that indicate the location, 
33.13 	amount, and type of wetlands to be filled or drained by the project or, alternatively, 
33.14 	convene an annual meeting of the parties required to receive notice to review projects to 
33.15 	be commenced during the upcoming year; and
33.16 	(3) for minor and emergency maintenance work impacting less than 10,000 square 
33.17 	feet, submit project-specific reports, within 30 days of commencing the activity, to the 
33.18 	board that indicate the location, amount, and type of wetlands that have been filled 
33.19 	or drained.
33.20 	Those required to receive notice of public transportation projects may appeal 
33.21 	minimization, delineation, and on-site mitigation decisions made by the public 
33.22 	transportation authority to the board according to the provisions of section 103G.2242, 
33.23 	subdivision 9. The Technical Evaluation Panel shall review minimization and delineation 
33.24 	decisions made by the public transportation authority and provide recommendations 
33.25 	regarding on-site mitigation if requested to do so by the local government unit, a 
33.26 	contiguous landowner, or a member of the Technical Evaluation Panel.
33.27 	Except for state public transportation projects, for which the state Department of 
33.28 	Transportation is responsible, the board must replace the wetlands, and wetland areas of 
33.29 	public waters if authorized by the commissioner or a delegated authority, drained or filled 
33.30 	by public transportation projects on existing roads.
33.31 	Public transportation authorities at their discretion may deviate from federal and 
33.32 	state design standards on existing road projects when practical and reasonable to avoid 
33.33 	wetland filling or draining, provided that public safety is not unreasonably compromised. 
33.34 	The local road authority and its officers and employees are exempt from liability for 
33.35 	any tort claim for injury to persons or property arising from travel on the highway and 
33.36 	related to the deviation from the design standards for construction or reconstruction under 
34.1 	this paragraph. This paragraph does not preclude an action for damages arising from 
34.2 	negligence in construction or maintenance on a highway.
34.3 	(n) If a landowner seeks approval of a replacement plan after the proposed project 
34.4 	has already affected the wetland, the local government unit may require the landowner to 
34.5 	replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise 
34.6 	required.
34.7 	(o) A local government unit may request the board to reclassify a county or 
34.8 	watershed on the basis of its percentage of presettlement wetlands remaining. After 
34.9 	receipt of satisfactory documentation from the local government, the board shall change 
34.10 	the classification of a county or watershed. If requested by the local government unit, 
34.11 	the board must assist in developing the documentation. Within 30 days of its action to 
34.12 	approve a change of wetland classifications, the board shall publish a notice of the change 
34.13 	in the Environmental Quality Board Monitor.
34.14 	(p) One hundred citizens who reside within the jurisdiction of the local government 
34.15 	unit may request the local government unit to reclassify a county or watershed on the basis 
34.16 	of its percentage of presettlement wetlands remaining. In support of their petition, the 
34.17 	citizens shall provide satisfactory documentation to the local government unit. The local 
34.18 	government unit shall consider the petition and forward the request to the board under 
34.19 	paragraph (o) or provide a reason why the petition is denied.

34.20 	Sec. 65. Minnesota Statutes 2010, section 103G.222, subdivision 3, is amended to read:
34.21 		Subd. 3.Wetland replacement siting. (a) Siting wetland replacementImpacted 
34.22 	wetlands in a 50 to 80 percent area must be replaced in a 50 to 80 percent area or in a less 
34.23 	than 50 percent area. Impacted wetlands in a less than 50 percent area must be replaced in 
34.24 	a less than 50 percent area. All wetland replacement must follow this priority order:
34.25 	(1) on site or in the same minor watershed as the affected impacted wetland;
34.26 	(2) in the same watershed as the affected impacted wetland;
34.27 	(3) in the same county or wetland bank service area as the affected impacted wetland;
34.28 	(4) for replacement by wetland banking, in the same wetland bank service area as 
34.29 	the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in 
34.30 	a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a 
34.31 	less than 50 percent area;
34.32 	(5) for project specific replacement, in an adjacent watershed to the affected wetland, 
34.33 	or for replacement by wetland banking, in an adjacent another wetland bank service 
34.34 	area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to 80 percent 
35.1 	area and impacts in a less than 50 percent area must be replaced in a less than 50 percent 
35.2 	area; and
35.3 	(6) (5) statewide for public transportation projects, except that wetlands affected
35.4 	impacted in less than 50 percent areas must be replaced in less than 50 percent areas, and 
35.5 	wetlands affected impacted in the seven-county metropolitan area must be replaced at a 
35.6 	ratio of two to one in: (i) the affected county or, (ii) in another of the seven metropolitan 
35.7 	counties, or (iii) in one of the major watersheds that are wholly or partially within the 
35.8 	seven-county metropolitan area, but at least one to one must be replaced within the 
35.9 	seven-county metropolitan area.
35.10 	(b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80 
35.11 	percent areas may follow the priority order under this paragraph: (1) by wetland banking 
35.12 	after evaluating on-site replacement and replacement within the watershed; (2) replaced 
35.13 	in an adjacent wetland bank service area if wetland bank credits are not reasonably 
35.14 	available in the same wetland bank service area as the affected wetland, as determined by 
35.15 	a comprehensive inventory approved by the board; and (3) statewide.
35.16 	(c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county 
35.17 	metropolitan area must follow the priority order under this paragraph: (1) in the affected 
35.18 	county; (2) in another of the seven metropolitan counties; or (3) in one of the major 
35.19 	watersheds that are wholly or partially within the seven-county metropolitan area, but at 
35.20 	least one to one must be replaced within the seven-county metropolitan area.
35.21 	(d) The exception in paragraph (a), clause (6) (5), does not apply to replacement 
35.22 	completed using wetland banking credits established by a person who submitted a 
35.23 	complete wetland banking application to a local government unit by April 1, 1996.
35.24 	(e) (c) When reasonable, practicable, and environmentally beneficial replacement 
35.25 	opportunities are not available in siting priorities listed in paragraph (a), the applicant 
35.26 	may seek opportunities at the next level.
35.27 	(f) (d) For the purposes of this section, "reasonable, practicable, and environmentally 
35.28 	beneficial replacement opportunities" are defined as opportunities that:
35.29 	(1) take advantage of naturally occurring hydrogeomorphological conditions and 
35.30 	require minimal landscape alteration;
35.31 	(2) have a high likelihood of becoming a functional wetland that will continue 
35.32 	in perpetuity;
35.33 	(3) do not adversely affect other habitat types or ecological communities that are 
35.34 	important in maintaining the overall biological diversity of the area; and
35.35 	(4) are available and capable of being done after taking into consideration cost, 
35.36 	existing technology, and logistics consistent with overall project purposes.
36.1 	(e) Applicants and local government units shall rely on board-approved 
36.2 	comprehensive inventories of replacement opportunities and watershed conditions, 
36.3 	including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January 
36.4 	2010),  in determining whether reasonable, practicable, and environmentally beneficial 
36.5 	replacement opportunities are available.
36.6 	(g) (f) Regulatory agencies, local government units, and other entities involved in 
36.7 	wetland restoration shall collaborate to identify potential replacement opportunities within 
36.8 	their jurisdictional areas.

36.9 	Sec. 66. Minnesota Statutes 2010, section 103G.2242, subdivision 2a, is amended to 
36.10 	read:
36.11 		Subd. 2a.Wetland boundary or type determination. (a) A landowner may apply 
36.12 	for a wetland boundary or type determination from the local government unit. The 
36.13 	landowner applying for the determination is responsible for submitting proof necessary 
36.14 	to make the determination, including, but not limited to, wetland delineation field data, 
36.15 	observation well data, topographic mapping, survey mapping, and information regarding 
36.16 	soils, vegetation, hydrology, and groundwater both within and outside of the proposed 
36.17 	wetland boundary.
36.18 	(b) A local government unit that receives an application under paragraph (a) may 
36.19 	seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, 
36.20 	if necessary, expand the Technical Evaluation Panel. The local government unit may 
36.21 	delegate the decision authority for wetland boundary or type determinations to designated 
36.22 	staff, or establish other procedures it considers appropriate.
36.23 	(c) The local government unit decision must be made in compliance with section 
36.24 	15.99. Within ten calendar days of the decision, the local government unit decision must 
36.25 	be mailed or sent by electronic transmission to the landowner, members of the Technical 
36.26 	Evaluation Panel, the watershed district or watershed management organization, if one 
36.27 	exists, and individual members of the public who request a copy.
36.28 	(d) Appeals of decisions made by designated local government staff must be made 
36.29 	to the local government unit. Notwithstanding any law to the contrary, a ruling on an 
36.30 	appeal must be made by the local government unit within 30 days from the date of the 
36.31 	filing of the appeal.
36.32 	(e) The local government unit decision is valid for three five years unless the 
36.33 	Technical Evaluation Panel determines that natural or artificial changes to the hydrology, 
36.34 	vegetation, or soils of the area have been sufficient to alter the wetland boundary or type.

37.1 	Sec. 67. Minnesota Statutes 2010, section 103G.2242, subdivision 6, is amended to 
37.2 	read:
37.3 		Subd. 6.Notice of application. (a) Except as provided in paragraph (b), within ten 
37.4 	days of receiving an Application for approval of a replacement plan under this section,
37.5 	must be reviewed by the local government according to section 15.99, subdivision 3, 
37.6 	paragraph (a). Copies of the complete application must be mailed or sent by electronic 
37.7 	transmission to the members of the Technical Evaluation Panel, the managers of the 
37.8 	watershed district if one exists, and the commissioner of natural resources. Individual 
37.9 	members of the public who request a copy shall be provided information to identify the 
37.10 	applicant and the location and scope of the project.
37.11 	(b) Within ten days of receiving an application for approval of a replacement plan 
37.12 	under this section for an activity affecting less than 10,000 square feet of wetland, a 
37.13 	summary of the application must be mailed to the members of the Technical Evaluation 
37.14 	Panel, individual members of the public who request a copy, and the commissioner 
37.15 	of natural resources.
37.16 	(c) For the purpose of this subdivision, "application" includes a revised application 
37.17 	for replacement plan approval and an application for a revision to an approved replacement 
37.18 	plan if:
37.19 	(1) the wetland area to be drained or filled under the revised replacement plan is at 
37.20 	least ten percent larger than the area to be drained or filled under the original replacement 
37.21 	plan; or
37.22 	(2) the wetland area to be drained or filled under the revised replacement is located 
37.23 	more than 500 feet from the area to be drained or filled under the original replacement plan.

37.24 	Sec. 68. Minnesota Statutes 2010, section 103G.2242, subdivision 7, is amended to 
37.25 	read:
37.26 		Subd. 7.Notice of decision. Within ten days of the approval or denial of a 
37.27 	replacement plan under this section, a summary of the approval or denial notice of the 
37.28 	decision must be mailed or sent by electronic transmission to members of the Technical 
37.29 	Evaluation Panel, the applicant, individual members of the public who request a copy, 
37.30 	the managers of the watershed district, if one exists, and the commissioner of natural 
37.31 	resources.

37.32 	Sec. 69. Minnesota Statutes 2010, section 103G.2242, subdivision 9, is amended to 
37.33 	read:
38.1 		Subd. 9.Appeal Appeals to the board. (a) Appeal of a replacement plan,
38.2 	sequencing, exemption, wetland banking, wetland boundary or type determination, or 
38.3 	no-loss decision, or restoration order may be obtained by mailing a petition and payment 
38.4 	of a filing fee, which shall be retained by the board to defray administrative costs, to 
38.5 	the board within 30 days after the postmarked date of the mailing or date of sending by 
38.6 	electronic transmission specified in subdivision 7. If appeal is not sought within 30 days, 
38.7 	the decision becomes final. If the petition for hearing is accepted, the amount posted must 
38.8 	be returned to the petitioner. Appeal may be made by:
38.9 	(1) the wetland owner;
38.10 	(2) any of those to whom notice is required to be mailed or sent by electronic 
38.11 	transmission under subdivision 7; or
38.12 	(3) 100 residents of the county in which a majority of the wetland is located.
38.13 	(b) Within 30 days after receiving a petition, the board shall decide whether to 
38.14 	grant the petition and hear the appeal. The board shall grant the petition unless the board 
38.15 	finds that:
38.16 	(1) the appeal is meritless without significant merit, trivial, or brought solely for the 
38.17 	purposes of delay;
38.18 	(2) the petitioner has not exhausted all local administrative remedies;
38.19 	(3) expanded technical review is needed;
38.20 	(4) the local government unit's record is not adequate; or
38.21 	(5) the petitioner has not posted a letter of credit, cashier's check, or cash if required 
38.22 	by the local government unit.
38.23 	(c) In determining whether to grant the appeal, the board, executive director, or 
38.24 	dispute resolution committee  shall also consider the size of the wetland, other factors in 
38.25 	controversy, any patterns of similar acts by the local government unit or petitioner, and 
38.26 	the consequences of the delay resulting from the appeal.
38.27 	(d) All appeals If an appeal is granted, the appeal must be heard by the committee 
38.28 	for dispute resolution of the board, and a decision must be made by the board within 60 
38.29 	days of filing the local government unit's record and the written briefs submitted for 
38.30 	the appeal and the hearing. The decision must be served by mail on or by electronic 
38.31 	transmission to the parties to the appeal, and is not subject to the provisions of chapter 
38.32 	14. A decision whether to grant a petition for appeal and a decision on the merits of an 
38.33 	appeal must be considered the decision of an agency in a contested case for purposes of 
38.34 	judicial review under sections 14.63 to 14.69.
38.35 	(e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to 
38.36 	defray the administrative costs of appeals made to the board under this subdivision. Fees 
39.1 	established under this authority shall not exceed $1,000. Establishment of the fee is not 
39.2 	subject to the rulemaking process of chapter 14 and section 14.386 does not apply.

39.3 	Sec. 70. Minnesota Statutes 2010, section 103G.2242, is amended by adding a 
39.4 	subdivision to read:
39.5 		Subd. 9a.Appeals of restoration or replacement orders. A landowner or other 
39.6 	responsible party may appeal the terms and conditions of a restoration or replacement 
39.7 	order within 30 days of receipt of written notice of the order. The time frame for the appeal 
39.8 	may be extended beyond 30 days by mutual agreement, in writing, between the landowner 
39.9 	or responsible party, the local government unit, and the enforcement authority. If the 
39.10 	written request is not submitted within 30 days, the order is final. The board's executive 
39.11 	director must review the request and supporting evidence and render a decision within 60 
39.12 	days of receipt of a petition. A decision on an appeal must be considered the decision of an 
39.13 	agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.

39.14 	Sec. 71. Minnesota Statutes 2010, section 103G.2242, subdivision 14, is amended to 
39.15 	read:
39.16 		Subd. 14.Fees established. (a) Fees must be assessed for managing wetland bank 
39.17 	accounts and transactions as follows:
39.18 	(1) account maintenance annual fee: one percent of the value of credits not to 
39.19 	exceed $500;
39.20 	(2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not 
39.21 	to exceed $1,000 per establishment, deposit, or transfer; and
39.22 	(3) withdrawal fee: 6.5 percent of the value of credits withdrawn.
39.23 	(b) The board may establish fees at or below the amounts in paragraph (a) for 
39.24 	single-user or other dedicated wetland banking accounts.
39.25 	(c) Fees for single-user or other dedicated wetland banking accounts established 
39.26 	pursuant to section 103G.005, subdivision 10e, clause (4), are limited to establishment 
39.27 	of a wetland banking account and are assessed at the rate of 6.5 percent of the value of 
39.28 	the credits not to exceed $1,000.

39.29 	Sec. 72. Minnesota Statutes 2010, section 103G.2251, is amended to read:
39.30 	103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK 
39.31 	CREDIT.
39.32 	In greater than 80 percent areas, preservation of wetlands owned by the state or a 
39.33 	local unit of government, protected by a permanent conservation easement as defined 
40.1 	under section 84C.01 and held by the board, may be eligible for wetland replacement 
40.2 	or mitigation credits, according to rules adopted by the board. To be eligible for credit 
40.3 	under this section, a conservation easement must be established after May 24, 2008, 
40.4 	and approved by the board. Wetland areas on private lands preserved under this section 
40.5 	are not eligible for replacement or mitigation credit if the area has been protected using 
40.6 	public conservation funds.

40.7 	Sec. 73. [103G.2373] ELECTRONIC TRANSMISSION.
40.8 	For purposes of sections 103G.2112 to 103G.2372, notices and other documents 
40.9 	may be sent by electronic transmission unless the recipient has provided a mailing address 
40.10 	and specified that mailing is preferred.

40.11 	Sec. 74. Minnesota Statutes 2010, section 103G.311, subdivision 5, is amended to read:
40.12 		Subd. 5.Demand for hearing. (a) If a hearing is waived and an order is made 
40.13 	issuing or denying the permit, the applicant, the managers of the watershed district, the 
40.14 	board of supervisors of the soil and water conservation district, or the mayor council or 
40.15 	board of the municipality may file a demand for hearing on the application. The demand 
40.16 	for a hearing must be filed within 30 days after mailed notice of the order with the bond 
40.17 	required by subdivision 6.
40.18 	(b) The commissioner must give notice as provided in subdivision 2, hold a hearing 
40.19 	on the application, and make a determination on issuing or denying the permit as though 
40.20 	the previous order had not been made.
40.21 	(c) The order issuing or denying the permit becomes final at the end of 30 days after 
40.22 	mailed notice of the order to the applicant, the managers of the watershed district, the 
40.23 	board of supervisors of the soil and water conservation district, or the mayor council or 
40.24 	board of the municipality, and an appeal of the order may not be taken if:
40.25 	(1) the commissioner waives a hearing and a demand for a hearing is not made; or
40.26 	(2) a hearing is demanded but a bond is not filed as required by subdivision 6.

40.27 	Sec. 75. Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read:
40.28 		Subdivision 1.Authorization Issuance; validity. (a) The commissioner may issue 
40.29 	permits, with or without a fee, to:
40.30 	(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public 
40.31 	waters;
40.32 	(2) transplant aquatic plants into public waters;
41.1 	(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters 
41.2 	under prescribed conditions to protect the waters, desirable species of fish, vegetation, 
41.3 	other forms of aquatic life, and the public.
41.4 	(b) Application for a permit must be accompanied by a permit fee, if required.
41.5 	(c) An aquatic plant management permit is valid for one growing season and expires 
41.6 	on December 31 of the year it is issued unless the commissioner stipulates a different 
41.7 	expiration date in rule or in the permit.

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

41.9 	Sec. 76. Minnesota Statutes 2010, section 103G.615, is amended by adding a 
41.10 	subdivision to read:
41.11 		Subd. 3a.Invasive aquatic plant management permit. (a) "Invasive aquatic plant 
41.12 	management permit" means an aquatic plant management permit as defined in Minnesota 
41.13 	Rules, part 6280.0100, subpart 2b, that authorizes the selective control of invasive aquatic 
41.14 	plants at a scale to cause a significant lakewide or baywide reduction in the abundance of 
41.15 	the invasive aquatic plant.
41.16 	(b) The commissioner may waive the dated signature of approval requirement in 
41.17 	Minnesota Rules, part 6280.0450, subpart 1a, for invasive aquatic plant management 
41.18 	permits if obtaining signatures would create an undue burden on the permittee or if 
41.19 	the commissioner determines that aquatic plant control is necessary to protect natural 
41.20 	resources.
41.21 	(c) If the signature requirement is waived under paragraph (b) because obtaining 
41.22 	signatures would create an undue burden on the permittee, the commissioner shall require 
41.23 	an alternate form of landowner notification, including news releases or public notices in 
41.24 	a local newspaper, a public meeting, or a mailing to the most recent permanent address 
41.25 	of affected landowners. The notification must be given annually and must include: the 
41.26 	proposed date of treatment, the target species, the method of control or product being 
41.27 	used, and instructions on how the landowner may request that control not occur adjacent 
41.28 	to the landowner's property.
41.29 	(d) For an invasive aquatic plant management permit, the commissioner may allow 
41.30 	dated signatures of approval obtained to satisfy Minnesota Rules, part 6280.0450, subpart 
41.31 	1a, to remain valid for three years if property ownership remains unchanged.

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

42.1 	Sec. 77. Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision 
42.2 	to read:
42.3 		Subd. 11.Aquatic application of pesticides. (a) The agency may issue national 
42.4 	pollutant discharge elimination system permits for pesticide applications to waters of the 
42.5 	United States that are required by federal law or rule. The agency shall not require permits 
42.6 	for aquatic pesticide applications beyond what is required by federal law or rule.
42.7 	(b) The agency shall not regulate or require permits for the terrestrial application 
42.8 	of pesticides.

42.9 	Sec. 78. Minnesota Statutes 2010, section 115.55, subdivision 2, is amended to read:
42.10 		Subd. 2.Local ordinances. (a) All counties must adopt ordinances that comply 
42.11 	with revisions to the subsurface sewage treatment system rules within two years of the 
42.12 	final adoption by the agency unless all towns and cities in the county have adopted such 
42.13 	ordinances. County ordinances must apply to all areas of the county other than cities or 
42.14 	towns that have adopted ordinances that comply with this section and are as strict as 
42.15 	the applicable county ordinances.
42.16 	(b) A copy of each ordinance adopted under this subdivision must be submitted to 
42.17 	the commissioner upon adoption.
42.18 	(c) A local unit of government must make available to the public upon request a 
42.19 	written list of any differences between its ordinances and rules adopted under this section.

42.20 	Sec. 79. Minnesota Statutes 2010, section 115A.03, subdivision 25a, is amended to 
42.21 	read:
42.22 		Subd. 25a.Recyclable materials. "Recyclable materials" means materials that are 
42.23 	separated from mixed municipal solid waste for the purpose of recycling or composting, 
42.24 	including paper, glass, plastics, metals, automobile oil, and batteries, and source-separated 
42.25 	compostable materials. Refuse-derived fuel or other material that is destroyed by 
42.26 	incineration is not a recyclable material.

42.27 	Sec. 80. Minnesota Statutes 2010, section 115A.95, is amended to read:
42.28 	115A.95 RECYCLABLE MATERIALS.
42.29 	(a) Recyclable materials must be delivered to the appropriate materials processing 
42.30 	facility as outlined in Minnesota Rules, parts 7035.2836 and 7035.2845, or any other 
42.31 	facility permitted to recycle or compost the materials.
42.32 	(b) A disposal facility or a resource recovery facility that is composting mixed 
42.33 	municipal solid waste, burning waste, or converting waste to energy or to materials for 
43.1 	combustion may not accept source-separated recyclable materials, and a solid waste 
43.2 	collector or transporter may not deliver source-separated recyclable materials to such a 
43.3 	facility, except for recycling or transfer to a recycler, unless the commissioner determines 
43.4 	that no other person is willing to accept the recyclable materials.

43.5 	Sec. 81. Minnesota Statutes 2010, section 115B.412, subdivision 8, is amended to read:
43.6 		Subd. 8.Transfer of title; disposal of property. The owner of a qualified facility 
43.7 	may, as part of the owner's activities under section 115B.40, subdivision 4 or 5, offer to 
43.8 	transfer title to all or any portion of the property described in the facility's most recent 
43.9 	permit, including any property adjacent to that property the owner wishes to transfer, to 
43.10 	the commissioner. The commissioner may accept the transfer of title if the commissioner 
43.11 	determines that to do so is in the best interest of the state. If, after transfer of title to the 
43.12 	property, the commissioner determines that no further response actions are required on the 
43.13 	portion of the property being disposed of under sections 115B.39 to 115B.445 and it is in 
43.14 	the best interest of the state to dispose of property acquired under this subdivision, the 
43.15 	commissioner may do so under section 115B.17, subdivision 16. The property disposed of 
43.16 	under this subdivision is no longer part of the qualified facility.

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

43.18 	Sec. 82. Minnesota Statutes 2010, section 115B.412, is amended by adding a 
43.19 	subdivision to read:
43.20 		Subd. 8a.Boundary modification. The commissioner may modify the boundaries 
43.21 	of a qualified facility to exclude certain property if the commissioner determines that no 
43.22 	further response actions are required to be conducted under sections 115B.39 to 115B.445 
43.23 	on the excluded property and the excluded property is not affected by disposal activities 
43.24 	on the remaining portions of the qualified facility. Any property excluded under this 
43.25 	subdivision is no longer part of the qualified facility.

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

43.27 	Sec. 83. Minnesota Statutes 2010, section 115B.412, is amended by adding a 
43.28 	subdivision to read:
43.29 		Subd. 8b.Delisting. If all solid waste from a qualified facility has been relocated 
43.30 	outside the qualified facility's boundaries and the commissioner has determined that no 
43.31 	further response actions are required on the property under sections 115B.39 to 115B.445, 
43.32 	the commissioner may delist the facility by removing it from the priority list established 
44.1 	under section 115B.40, subdivision 2, after which the property shall no longer be a 
44.2 	qualified facility. The commissioner has no further responsibilities under sections 115B.39 
44.3 	to 115B.445 for a facility delisted under this subdivision.

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

44.5 	Sec. 84. [116C.10] ENVIRONMENTAL PERMIT TIMELINE REQUIREMENT.
44.6 	If environmental review under chapter 116D is or will be conducted for a project 
44.7 	and a state agency is the responsible government unit, the state agency named as the 
44.8 	responsible government unit shall develop a timeline for all state agency environmental 
44.9 	permits required for the project and make that timeline available to the project proposer, 
44.10 	within 30 days after complete applications have been submitted for all permits, or by the 
44.11 	time of environmental assessment worksheet or draft environmental impact statement 
44.12 	publication. If joint state-federal environmental review is being conducted, the timeline 
44.13 	shall also include required federal agency environmental permits.

44.14 	Sec. 85. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by 
44.15 	Laws 2011, chapter 4, section 6, is amended to read:
44.16 		Subd. 2a.When prepared. Where there is potential for significant environmental 
44.17 	effects resulting from any major governmental action, the action shall be preceded by a 
44.18 	detailed environmental impact statement prepared by the responsible governmental unit. 
44.19 	The environmental impact statement shall be an analytical rather than an encyclopedic 
44.20 	document which describes the proposed action in detail, analyzes its significant 
44.21 	environmental impacts, discusses appropriate alternatives to the proposed action and 
44.22 	their impacts, and explores methods by which adverse environmental impacts of an 
44.23 	action could be mitigated. The environmental impact statement shall also analyze those 
44.24 	economic, employment and sociological effects that cannot be avoided should the action 
44.25 	be implemented. To ensure its use in the decision-making process, the environmental 
44.26 	impact statement shall be prepared as early as practical in the formulation of an action. 
44.27 	No mandatory environmental impact statement may be required for an ethanol plant, 
44.28 	as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than 
44.29 	125,000,000 gallons of ethanol annually and is located outside of the seven-county 
44.30 	metropolitan area.
44.31 	(a) The board shall by rule establish categories of actions for which environmental 
44.32 	impact statements and for which environmental assessment worksheets shall be prepared 
44.33 	as well as categories of actions for which no environmental review is required under this 
44.34 	section. A mandatory environmental assessment worksheet shall not be required for the 
45.1 	expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph 
45.2 	(b), or the conversion of an ethanol plant to a biobutanol facility as defined in section 
45.3 	41A.105, subdivision 1a, based on the capacity of the expanded or converted facility to 
45.4 	produce alcohol fuel, but must be required if the ethanol plant meets or exceeds thresholds 
45.5 	of other categories of actions for which environmental assessment worksheets must be 
45.6 	prepared. The responsible governmental unit for an ethanol plant project for which an 
45.7 	environmental assessment worksheet is prepared shall be the state agency with the greatest 
45.8 	responsibility for supervising or approving the project as a whole.
45.9 	(b) The responsible governmental unit shall promptly publish notice of the 
45.10 	completion of an environmental assessment worksheet in a manner to be determined by 
45.11 	the board and shall provide copies of the environmental assessment worksheet to the board 
45.12 	and its member agencies. Comments on the need for an environmental impact statement 
45.13 	may be submitted to the responsible governmental unit during a 30-day period following 
45.14 	publication of the notice that an environmental assessment worksheet has been completed. 
45.15 	The responsible governmental unit's decision on the need for an environmental impact 
45.16 	statement shall be based on the environmental assessment worksheet and the comments 
45.17 	received during the comment period, and shall be made within 15 days after the close of 
45.18 	the comment period. The board's chair may extend the 15-day period by not more than 15 
45.19 	additional days upon the request of the responsible governmental unit.
45.20 	(c) An environmental assessment worksheet shall also be prepared for a proposed 
45.21 	action whenever material evidence accompanying a petition by not less than 25 100
45.22 	individuals who reside or own property in the county or an adjoining county where the 
45.23 	proposed action will be located, submitted before the proposed project has received final 
45.24 	approval by the appropriate governmental units, demonstrates that, because of the nature 
45.25 	or location of a proposed action, there may be potential for significant environmental 
45.26 	effects. Petitions requesting the preparation of an environmental assessment worksheet 
45.27 	shall be submitted to the board. The chair of the board shall determine the appropriate 
45.28 	responsible governmental unit and forward the petition to it. A decision on the need for 
45.29 	an environmental assessment worksheet shall be made by the responsible governmental 
45.30 	unit within 15 days after the petition is received by the responsible governmental unit. 
45.31 	The board's chair may extend the 15-day period by not more than 15 additional days upon 
45.32 	request of the responsible governmental unit.
45.33 	(d) Except in an environmentally sensitive location where Minnesota Rules, part 
45.34 	4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 
45.35 	review under this chapter and rules of the board, if:
45.36 	(1) the proposed action is:
46.1 	(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
46.2 	(ii) an expansion of an existing animal feedlot facility with a total cumulative 
46.3 	capacity of less than 1,000 animal units;
46.4 	(2) the application for the animal feedlot facility includes a written commitment by 
46.5 	the proposer to design, construct, and operate the facility in full compliance with Pollution 
46.6 	Control Agency feedlot rules; and
46.7 	(3) the county board holds a public meeting for citizen input at least ten business 
46.8 	days prior to the Pollution Control Agency or county issuing a feedlot permit for the 
46.9 	animal feedlot facility unless another public meeting for citizen input has been held with 
46.10 	regard to the feedlot facility to be permitted. The exemption in this paragraph is in 
46.11 	addition to other exemptions provided under other law and rules of the board.
46.12 	(e) The board may, prior to final approval of a proposed project, require preparation 
46.13 	of an environmental assessment worksheet by a responsible governmental unit selected 
46.14 	by the board for any action where environmental review under this section has not been 
46.15 	specifically provided for by rule or otherwise initiated.
46.16 	(f) An early and open process shall be utilized to limit the scope of the environmental 
46.17 	impact statement to a discussion of those impacts, which, because of the nature or location 
46.18 	of the project, have the potential for significant environmental effects. The same process 
46.19 	shall be utilized to determine the form, content and level of detail of the statement as well 
46.20 	as the alternatives which are appropriate for consideration in the statement. In addition, 
46.21 	the permits which will be required for the proposed action shall be identified during the 
46.22 	scoping process. Further, the process shall identify those permits for which information 
46.23 	will be developed concurrently with the environmental impact statement. The board 
46.24 	shall provide in its rules for the expeditious completion of the scoping process. The 
46.25 	determinations reached in the process shall be incorporated into the order requiring the 
46.26 	preparation of an environmental impact statement.
46.27 	(g) The responsible governmental unit shall, to the extent practicable, avoid 
46.28 	duplication and ensure coordination between state and federal environmental review 
46.29 	and between environmental review and environmental permitting. Whenever practical, 
46.30 	information needed by a governmental unit for making final decisions on permits or 
46.31 	other actions required for a proposed project shall be developed in conjunction with the 
46.32 	preparation of an environmental impact statement.
46.33 	(h) An environmental impact statement shall be prepared and its adequacy 
46.34 	determined within 280 days after notice of its preparation unless the time is extended by 
46.35 	consent of the parties or by the governor for good cause. The responsible governmental 
46.36 	unit shall determine the adequacy of an environmental impact statement, unless within 60 
47.1 	days after notice is published that an environmental impact statement will be prepared, 
47.2 	the board chooses to determine the adequacy of an environmental impact statement. If an 
47.3 	environmental impact statement is found to be inadequate, the responsible governmental 
47.4 	unit shall have 60 days to prepare an adequate environmental impact statement.
47.5 	(i) The proposer of a specific action may include in the information submitted to the 
47.6 	responsible governmental unit a preliminary draft environmental impact statement under 
47.7 	this section on that action for review, modification, and determination of completeness and 
47.8 	adequacy by the responsible governmental unit. A preliminary draft environmental impact 
47.9 	statement prepared by the project proposer and submitted to the responsible governmental 
47.10 	unit shall identify or include as an appendix all studies and other sources of information 
47.11 	used to substantiate the analysis contained in the preliminary draft environmental impact 
47.12 	statement. The responsible governmental unit shall require additional studies, if needed, 
47.13 	and obtain from the project proposer all additional studies and information necessary for 
47.14 	the responsible governmental unit to perform its responsibility to review, modify, and 
47.15 	determine the completeness and adequacy of the environmental impact statement.

47.16 	Sec. 86. Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read:
47.17 		Subd. 18.Motor vehicle. (a) "Motor vehicle" means any self-propelled vehicle 
47.18 	designed and originally manufactured to operate primarily on highways, and not operated 
47.19 	exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a 
47.20 	self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled 
47.21 	by electric power obtained from overhead trolley wires but not operated upon rails. It does 
47.22 	not include snowmobiles, manufactured homes, or park trailers.
47.23 	(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle 
47.24 	(1) has at least four wheels, (2) is owned and operated by a physically disabled person, 
47.25 	and (3) displays both disability plates and a physically disabled certificate issued under 
47.26 	section 169.345.
47.27 	(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain 
47.28 	vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle 
47.29 	before August 1, 1985. The owner may continue to license an all-terrain vehicle described 
47.30 	in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another 
47.31 	owner, is destroyed, or fails to comply with the registration and licensing requirements 
47.32 	of this chapter.
47.33 	(d) "Motor vehicle" does not include an electric personal assistive mobility device as 
47.34 	defined in section 169.011, subdivision 26.
48.1 	(e) "Motor vehicle" does not include a motorized foot scooter as defined in section 
48.2 	169.011, subdivision 46.
48.3 	(f) "Motor vehicle" includes an off-highway motorcycle modified to meet the 
48.4 	requirements of chapter 169 according to section 84.788, subdivision 12.

48.5 	Sec. 87.  Minnesota Statutes 2010, section 168A.085, is amended to read:
48.6 	168A.085 APPLICATION FOR TITLE OR REGISTRATION, CERTAIN 
48.7 	CASES.
48.8 		Subdivision 1.Limitations. No application for certificate of title or registration may 
48.9 	be issued for a vehicle that was not manufactured in compliance with applicable federal 
48.10 	emission standards in force at the time of manufacture as provided by the Clean Air Act, 
48.11 	United States Code, title 42, sections 7401 through 7642, and regulations adopted pursuant 
48.12 	thereto, and safety standards as provided by the National Traffic and Motor Safety Act, 
48.13 	United States Code, title 15, sections 1381 through 1431, and regulations adopted pursuant 
48.14 	thereto, unless the applicant furnishes either proof satisfactory to the agent that the vehicle 
48.15 	was not brought into the United States from outside the country or all of the following:
48.16 	(1) a bond release letter, with all attachments, issued by the United States Department 
48.17 	of Transportation acknowledging receipt of a statement of compliance submitted by the 
48.18 	importer of the vehicle and that the statement meets the safety requirements as provided 
48.19 	by Code of Federal Regulations, title 19, section 12.80(e);
48.20 	(2) a bond release letter, with all attachments, issued by the United States 
48.21 	Environmental Protection Agency stating that the vehicle has been tested and known to 
48.22 	be in conformity with federal emission requirements; and
48.23 	(3) a receipt or certificate issued by the United States Department of the Treasury 
48.24 	showing that any gas-guzzler taxes due on the vehicle as provided by Public Law 95-618, 
48.25 	title 2, section 201(a), have been fully paid.
48.26 		Subd. 2.Accompanying documents. The application for certificate of title and the 
48.27 	application for registration must be accompanied by a manufacturer's certificate of origin 
48.28 	in the English language which was issued by the actual vehicle manufacturer and either:
48.29 	(1) the original documents constituting valid proof of ownership in the country in 
48.30 	which the vehicle was originally purchased, together with a translation of the documents 
48.31 	into the English language verified as to accuracy of the translation by affidavit of the 
48.32 	translator; or
48.33 	(2) with regard to a vehicle imported from a country that cancels the vehicle 
48.34 	registration and title for export, a bond as required by section 168A.07, subdivision 1, 
48.35 	clause (2). 

49.1 	Sec. 88. Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read:
49.2 		Subdivision 1.Designation of roadway, permit. The governing body of any 
49.3 	county, home rule charter or statutory city, or town may by ordinance authorize the 
49.4 	operation of motorized golf carts, four-wheel all-terrain vehicles, or mini trucks, on 
49.5 	designated roadways or portions thereof under its jurisdiction. Authorization to operate a 
49.6 	motorized golf cart, four-wheel all-terrain vehicle, or mini truck is by permit only. For 
49.7 	purposes of this section, a four-wheel an all-terrain vehicle is a motorized flotation-tired 
49.8 	vehicle with four low-pressure tires that is limited in engine displacement of less than 800 
49.9 	cubic centimeters and total dry weight less than 600 pounds has the meaning given in 
49.10 	section 84.92, and a mini truck has the meaning given in section 169.011, subdivision 40a.

49.11 	Sec. 89. Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read:
49.12 		Subd. 2.Ordinance. The ordinance shall designate the roadways, prescribe the 
49.13 	form of the application for the permit, require evidence of insurance complying with the 
49.14 	provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent 
49.15 	with the provisions of this section, under which a permit may be granted. Permits may be 
49.16 	granted for a period of not to exceed one year three years, and may be annually renewed. 
49.17 	A permit may be revoked at any time if there is evidence that the permittee cannot safely 
49.18 	operate the motorized golf cart, four-wheel all-terrain vehicle, or mini truck on the 
49.19 	designated roadways. The ordinance may require, as a condition to obtaining a permit, 
49.20 	that the applicant submit a certificate signed by a physician that the applicant is able 
49.21 	to safely operate a motorized golf cart, four-wheel all-terrain vehicle, or mini truck on 
49.22 	the roadways designated.

49.23 	Sec. 90. Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read:
49.24 		Subd. 3.Times of operation. Motorized golf carts and four-wheel all-terrain 
49.25 	vehicles may only be operated on designated roadways from sunrise to sunset, unless 
49.26 	equipped with original equipment headlights, taillights, and rear-facing brake lights. 
49.27 	They shall not be operated in inclement weather, except during emergency conditions as 
49.28 	provided in the ordinance, or when visibility is impaired by weather, smoke, fog or other 
49.29 	conditions, or at any time when there is insufficient light visibility to clearly see persons 
49.30 	and vehicles on the roadway at a distance of 500 feet.

49.31 	Sec. 91. Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read:
50.1 		Subd. 5.Crossing intersecting highways. The operator, under permit, of a 
50.2 	motorized golf cart, four-wheel all-terrain vehicle, or mini truck may cross any street or 
50.3 	highway intersecting a designated roadway.

50.4 	Sec. 92. Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read:
50.5 		Subd. 6.Application of traffic laws. Every person operating a motorized golf cart, 
50.6 	four-wheel all-terrain vehicle, or mini truck under permit on designated roadways has all 
50.7 	the rights and duties applicable to the driver of any other vehicle under the provisions of 
50.8 	this chapter, except when those provisions cannot reasonably be applied to motorized golf 
50.9 	carts, four-wheel all-terrain vehicles, or mini trucks and except as otherwise specifically 
50.10 	provided in subdivision 7.

50.11 	Sec. 93. Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read:
50.12 		Subd. 7.Nonapplication of certain laws. The provisions of chapter 171 are 
50.13 	applicable to persons operating mini trucks, but are not applicable to persons operating 
50.14 	motorized golf carts or four-wheel all-terrain vehicles under permit on designated 
50.15 	roadways pursuant to this section. Except for the requirements of section 169.70, the 
50.16 	provisions of this chapter relating to equipment on vehicles are not applicable to motorized 
50.17 	golf carts or four-wheel all-terrain vehicles operating, under permit, on designated 
50.18 	roadways.

50.19 	Sec. 94. Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read:
50.20 		Subd. 8.Insurance. In the event persons operating a motorized golf cart, four-wheel
50.21 	all-terrain vehicle, or mini truck under this section cannot obtain liability insurance in 
50.22 	the private market, that person may purchase automobile insurance, including no-fault 
50.23 	coverage, from the Minnesota Automobile Insurance Plan under sections 65B.01 to 
50.24 	65B.12, at a rate to be determined by the commissioner of commerce.

50.25 	Sec. 95. Minnesota Statutes 2010, section 239.791, is amended by adding a subdivision 
50.26 	to read:
50.27 		Subd. 16.Exemption for recreational vehicle manufacturer. A person 
50.28 	responsible for the product may offer for sale, sell, or dispense gasoline that is not 
50.29 	oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively 
50.30 	for research and development by a manufacturer of snowmobiles, all-terrain vehicles, 
50.31 	motorcycles, or recreational vehicles.

51.1 	Sec. 96. Minnesota Statutes 2010, section 398.33, subdivision 2, is amended to read:
51.2 		Subd. 2.Fees. For the purposes of sections 398.31 to 398.36, the county board of 
51.3 	any county may prescribe and provide for the collection of fees for the use of any county 
51.4 	park or other unit of the county park system or any facilities, accommodations, or services 
51.5 	provided for public use therein, such fees not to exceed that prescribed in state parks.

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

51.7 	Sec. 97. Laws 2010, chapter 361, article 4, section 73, is amended to read:
51.8 	Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE 
51.9 	ADOPTION DELAY.
 51.10 	(a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county 
51.11 	may adopt an ordinance by February 4, 2012 2016, to comply with the February 4, 2008, 
51.12 	revisions to subsurface sewage treatment system rules. By April 4, 2011, the Pollution 
51.13 	Control Agency shall adopt the final rule amendments to the February 4, 2008, subsurface 
51.14 	sewage treatment system rules. A county must continue to enforce its current ordinance 
51.15 	until a new one has been adopted.
51.16 	(b) By January 15, 2011, the agency, after consultation with the Board of Water and 
51.17 	Soil Resources and the Association of Minnesota Counties, shall report to the chairs and 
51.18 	ranking minority members of the senate and house of representatives environment and 
51.19 	natural resources policy and finance committees and divisions on:
51.20 	(1) the technical changes in the rules for subsurface sewage treatment systems 
51.21 	that were adopted on February 4, 2008;
51.22 	(2) the progress in local adoption of ordinances to comply with the rules; and
51.23 	(3) the progress in protecting the state's water resources from pollution due to 
51.24 	subsurface sewage treatment systems.

51.25 	Sec. 98. WATER RULEMAKING MORATORIUM.
 51.26 	(a) For purposes of this section, "agency" means the Pollution Control Agency, 
51.27 	Department of Natural Resources, Board of Water and Soil Resources, Environmental 
51.28 	Quality Board, Department of Agriculture, and Department of Health.
51.29 	(b) Unless required by federal law or rule, no agency shall adopt rules related to 
51.30 	water quality or water resource protection during the period beginning July 1, 2011, 
51.31 	and ending June 30, 2012.
51.32 	(c) Unless the rule is under judicial challenge, this section does not apply to:
51.33 	(1) proposed rules listed in a notice of intent to adopt rules published under 
51.34 	Minnesota Statutes, chapter 14, before July 1, 2011;
52.1 	(2) rules required by law for which rulemaking was to begin by January 15, 2010;
52.2 	(3) emergency rules authorized by statute;
52.3 	(4) rules adopted or amended under Minnesota Statutes, section 14.386; and
52.4 	(5) rules proposed under Minnesota Statutes, section 14.388, subject to approval 
52.5 	of the Office of Administrative Hearings.

52.6 	Sec. 99. EVALUATION REQUIRED.
 52.7 	(a) The commissioner of administration shall evaluate state and local water-related 
52.8 	programs, policies, and permits to make recommendations for cost savings, increased 
52.9 	productivity, and the elimination of duplication among public agencies.
52.10 	(b) The evaluation must:
52.11 	(1) identify current rules relating to surface and groundwater, including those related 
52.12 	to storm water, residential, industrial, and agricultural use, shorelands, floodplains, wild 
52.13 	and scenic rivers, wetlands, feedlots, and subsurface sewage treatment systems, and for 
52.14 	each rule specify:
52.15 	(i) the statutory authority;
52.16 	(ii) intended outcomes;
52.17 	(iii) the cost to state and local government and the private sector; and
52.18 	(iv) the relationship of the rule to other local, state, and federal rules;
52.19 	(2) assess the pros and cons of alternative approaches to implementing water-related 
52.20 	programs, policies, and permits, including local, state, and regional-based approaches;
52.21 	(3) identify inconsistencies and redundancy between local, state, and federal rules;
52.22 	(4) identify means to coordinate rulemaking and implementation so as to achieve 
52.23 	intended outcomes more effectively and efficiently;
52.24 	(5) identify a rule assessment and evaluation process for determining whether each 
52.25 	identified rule should be continued or repealed;
52.26 	(6) rely on scientific, peer-reviewed data, including the studies of the National 
52.27 	Academy of Sciences;
52.28 	(7) evaluate current responsibilities of the Pollution Control Agency, Department of 
52.29 	Natural Resources, Board of Water and Soil Resources, Environmental Quality Board, 
52.30 	Department of Agriculture, and Department of Health for developing and implementing 
52.31 	water-related programs, policies, and permits and make recommendations for reallocating 
52.32 	responsibilities among the agencies; and
52.33 	(8) assess the current role of the clean water fund in supporting water-related 
52.34 	programs and policies and make recommendations for allocating resources among the 
53.1 	agencies that collaborate and partner in spending the clean water fund consistent with 
53.2 	the other recommendations of the study.
53.3 	(c) The commissioner of administration must submit the study results and make 
53.4 	recommendations to agencies listed under paragraph (a) and to the chairs and ranking 
53.5 	minority party members of the senate and house of representatives committees having 
53.6 	primary jurisdiction over environment and natural resources policy and finance no later 
53.7 	than January 15, 2012.

53.8 	Sec. 100. SHALLOW LAKES MANAGEMENT REPORT.
 53.9 	By January 1, 2012, the commissioner of natural resources shall submit a report to 
53.10 	the senate and house of representatives committees and divisions with jurisdiction over 
53.11 	natural resources policy that includes:
53.12 	(1) a summary of the science and ecology of shallow lakes;
53.13 	(2) a summary of the significance of shallow lakes to continental and state waterfowl 
53.14 	populations and Minnesota's waterfowl heritage;
53.15 	(3) examples and documented results of previous temporary water-level management 
53.16 	activities;
53.17 	(4) a list of current statutes and rules applicable to shallow lakes including, but not 
53.18 	limited to, water-level management of shallow lakes and drainage law under chapter 
53.19 	103E; and
53.20 	(5) a list of any changes to statute necessary that would allow the commissioner of 
53.21 	natural resources, through shallow lake management, to better achieve the state's wildlife 
53.22 	habitat and clean water goals and address the threats of invasive species, including carp 
53.23 	and the use of fish barriers.

53.24 	Sec. 101. CONSUMPTIVE USE OF WATER.
 53.25 	Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature 
53.26 	approves of the consumptive use of water under a permit of more than 2,000,000 gallons 
53.27 	per day average in a 30-day period in Cook County, in connection with snowmaking 
53.28 	and potable water. Notwithstanding any other law to the contrary, the permit for the 
53.29 	consumptive use of water approved under this section shall be issued, subject to the 
53.30 	fees specified under Minnesota Statutes, section 103G.271, without any additional 
53.31 	administrative process to withdraw up to 150,000,000 gallons of water annually for 
53.32 	snowmaking and potable water purposes. If the flow value of the river is less than the 
53.33 	Q90 for five consecutive days, the appropriation must cease until flow levels exceed 
54.1 	the Q90 value. The permit shall be evaluated at the end of five years for impacts to the 
54.2 	river and possible alternative water sources.

54.3 	Sec. 102. RULEMAKING; ENVIRONMENTAL REVIEW AND SOLID WASTE 
54.4 	LAND DISPOSAL FACILITY PERMITS.
 54.5 		Subdivision 1.Environmental Quality Board. The Environmental Quality Board 
54.6 	shall amend Minnesota Rules, part 4410.0200, subpart 65, to state that if the proposed 
54.7 	action concerns a solid waste land disposal facility: 
54.8 	(1) the project review shall be for the ultimate design capacity of the site based 
54.9 	on the requirements of the category; and
54.10 	(2) the responsible governmental unit shall review the project proposed, in 
54.11 	conjunction with any existing facility impacts, and shall not modify or change the project 
54.12 	without approval of the proposer.
54.13 		Subd. 2.Pollution Control Agency. The Pollution Control Agency shall amend 
54.14 	Minnesota Rules, part 7001.3500, subpart 1, to extend permit terms to ten years and take 
54.15 	into account site capacity for a solid waste land disposal facility.

54.16 	Sec. 103. REVISOR'S INSTRUCTION.
 54.17 	The revisor of statutes shall change the range reference "sections 103F.701 to 
54.18 	103F.761" wherever it appears in Minnesota Statutes and Minnesota Rules to "sections 
54.19 	103F.701 to 103F.755."

54.20 	Sec. 104.  REPEALER.
 54.21 	(a) Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 5, 6, 7, and 8; 
54.22 	85.013, subdivision 2b; 103F.711, subdivision 7; 103F.721; 103F.731, subdivision 1; and 
54.23 	103F.761, are repealed.
54.24 	(b) Minnesota Statutes 2010, section 84D.02, subdivision 4, is repealed.

54.25 	EFFECTIVE DATE. Paragraph (b) is effective the day following final enactment.