4E Relating to natural resources; clarifying that only the department of agriculture has the authority to regulate the terrestrial application of pesticides; defining biobutano and biobutanol facility for the purpose of the agricultural growth, research, and innovation (AGRI) program and environmental review requirements; allowing for the acquisition of state scientific and natural areas (SNAs) by exchange; removing a reference to a former requirement to develop a master plan for SNAs; eliminating the requirement that the commissioner of natural resources (DNR) prescribe seasons for off-highway vehicle use on state forest lands; providing an option of dual registration for an off-highway motorcycle (OHM), providing for registration with both the departments of natural resources and public safety as a motorcycle; creating an off-road vehicle (ORV) trail pass requirement for nonresidents who use state or grant-in-aid trails; increasing the allowed engine displacement for an all-terrain vehicle (ATV) to 1,000 cubic centimeters; providing for the authority for an online option for ATV safety training courses and directing the commissioner to set the course fees based on what it costs to provide the service; clarifying passenger limitations on all-terrain vehicles and adding authorization for a person aged 12 to 17 to operate a class 1 all-terrain vehicle carrying only one passenger, and the passenger must be the parent or legal guardian; defining decontaminate for the purpose of the invasive species law; modifying the definition of introduce for the purpose of the invasive species law to clarify that it does not include the return to the water from which it was removed and the seasonal return of water-related equipment; defining inspect and inspector for the purpose of the invasive species law; defining service provider for the purpose of the invasive species law; modifying the definition of transport for the purpose of the invasive species law to clarify that is does not include the movement of water-related equipment to the shore and back to the water; defining water-related equipment for the purpose of the invasive species law; modifying the definition of wild animal to cross-reference with the definition in the game and fish laws; combining the report on additional measures to control invasive species with the annual report required to be prepared by the DNR; adding waters with certifiable fish diseases as prohibited from taking wild animals for bait or aquatic farming purposes, prohibiting equipment authorized for minnow harvest in infested waters to be used in any waters that are not specified in the permit; specifying that all equipment used for commercial fishing in infested waters must be tagged as specified by the commissioner of natural resources and may not be used in waters not designated as infested; exempting equipment used in Lake Superior from the tagging requirement and requiring aquatic life taken from waters for transport or stocking to be kept in a holding facility for ten hours; extending the prohibition on the transport of aquatic macrophytes beyond public roads; exempting the removal of water-related equipment at a water access site for the purpose of cleaning off the aquatic macrophyte; clarifying the existing prohibition that applies to aquatic plant harvesting or control equipment; extending the existing authority for removal and containment to all water-related equipment and adding the authority to prohibit the placing of water-related equipment with aquatic macrophytes or prohibited invasive species into waters; allowing inspectors who are not licensed peace officers to enforce removal and prohibition requirements; extending the current requirement for draining watercraft to all water-related equipment; removing the exemption for portable bait containers, unless they are being used by a licensed aquatic farm from the requirement; providing that compliance inspections are a condition of operating or transporting water-related equipment and allowing inspectors to prohibit launching the equipment when an individual refuses an inspection; providing for the training and authorization of aquatic invasive species inspectors and allowing inspectors to inspect water-related equipment; providing for conservation officers or licensed peace officers to inspect watercraft stopped at a water access site or at a check station; requiring individuals who install or remove water-related equipment for hire to obtain a permit from the DNR; setting permit cost fee and length of permit validity and requiring the permittee to complete AIS training; requiring persons working for permittees to complete AIS training; requiring persons working for bait harvesters to complete training on AIS; expanding the misdemeanor criminal penalty to include all of the statutory requirements in the invasive species law; expanding the gross misdemeanor penalty for disobeying an order to remove invasive species from aquatic macrophytes to a conservation or peace officer to all water-related equipment; updating provisions relating to civil citations to include all water-related equipment and the removal of plugs and opening of valves; allowing the unit of government employing the officer to retain civil penalties; providing for the deposit of the fees charged for service provider permits into the invasive species account; prohibiting the use of all-terrain vehicle (ATV) and off-highway motorcycle (OHM) trails by other vehicles throughout the year; requiring recipients of regional trail grants to provide a nonstate cash match of at least 25 percent, instead of 50 percent; requiring recipients of trail connection grants to provide a nonstate cash match of at least 25 percent, instead of 50 percent; naming the Cedar River as one of the state water trails; requiring an AIS rule decal to be attached to all watercraft so that it is in full view of the operator; making a violation of the AIS rule decal requirements a petty misdemeanor; providing that the certificate of title will be mailed to the owner; providing for the duplicate certificate of title issuance to the owner; providing that a secured party will be notified that an owner has created a security interest in the watercraft and that the security interest does not affect the rights of the first secured party; requiring that net revenue from leases on school and university trust lands must be deposited into the respective permanent fund; modifying the membership of the mineral coordinating committee to include the commissioner of the Minnesota pollution control agency and an individual representing labor appointed by the governor for a four-year term; extending the term of the mineral coordinating committee another 5 years to 2016; reforming the citizen oversight committees for the game and fish fund to include a fishing oversight committee and a wildlife oversight committee with at least ten members appointed by the commissioner of natural resources; creating an adopt-a-wildlife management area program; allowing the commissioner of natural resources to require decontamination of boats at fishing tournaments on infested waters; allowing White Bear Lake conservation district to set service fees; removing specific purposes for the clean water partnership (CWP) program, the remaining purposes for the program will be control of water pollution and the implementation of federal laws controlling nonpoint source pollution; modifying the definition of project to broaden the term for the purposes of the CWP program to include the identification of water pollution and its causes and to protect and improve water quality; broadening the purpose of the CWP grants to include all projects; increasing the cap on use of the state revolving fund for CWP loans to $50 million; broadening the eligibility for the CWP program to include approved projects identified in total maximum daily load (TMDL) plans and watershed protection and restoration strategy implementation plans; broadening the local involvement requirements for a proposal to include any local stakeholders and removing the requirement that the proposal is consistent with statewide water quality management plans; removing specific project language and references to projects; eliminating a reference to the environmental quality board (EQB) coordination on nonpoint source pollution and a requirement for an evaluation of the CWP program and recommendations to the legislature for improvements to the CWP program; adding the that the department of natural resources (DNR) is defined as the local government unit for wetland banking projects solely for a permit to mine; defining electronic transmission for the purpose of the wetland conservation act (WCA); allowing contractors working for a property owner to submit information electronically to a local government unit on draining or filling wetlands; providing that the wetland replacement ratios under a permit to mine will be based on the Great Lakes and Rainy River watersheds being considered as a single watershed; clarifying and simplifying the sitting requirements for wetlands and allowing wetlands in an area with 50 to 80 percent of the presettlement wetlands intact to be replaced in an area with less that 50 percent of the presettlement wetlands intact; allowing notice to be sent by electronic transmission, removing appeals of boundary or type determinations to local government units, and providing that the boundary or type determinations are valid for five years; allowing the notice of application for wetland replacement to be sent by electronic transmission and makes the general law for the timing of local permits apply to the notice; allowing the notice for a wetland replacement decision to be sent by electronic transmission; allowing esquencing to be appealed to the board of water and soil resources (BWSR); allowing appeals to be noticed by electronic transmission; providing for the appeal of restoration and replacement orders; allowing BWSR to establish wetland banking fees for single-user or other dedicated wetland banking accounts; removing the requirement that a wetland subject to a conservation easement must be owned by the state or a local government unit, providing an exception for a wetland subject to a conservation easement that was paid for with public money; allowing notices and other documents under the WCA to be sent by electronic transmission, unless the person has specified that mailing is preferred; providing for the governing body of a municipality rather than the mayor to file to demand a hearing over a public waters work permit; providing that an aquatic plant management permit expires on December 31, unless a different expiration is included in the permit or rule; allowing the DNR to waive the required signatures for approval of an invasive plant management permit when the requirement would create an undue burden or when aquatic plant control is necessary to protect natural resources; clarifying the limited authority for the PCA to issue permits for the aquatic application of pesticides; providing that a county does not need to adopt a subsurface sewage treatment system (SSTS) ordinance if all cities and towns within the county have the ordinances; adding composting to the definition of recyclable materials and requiring that they are sent to the appropriate facility; allowing the PCA more flexibility in delisting and selling land that is in the closed landfill cleanup program; providing for state agency coordination of environmental permits when permits are required by multiple state or federal agencies and a state agency is the responsible governmental unit for environmental review of the project; eliminating the separate category for mandatory environmental assessment worksheets for expansion of ethanol plants, conversion of an ethanol plant to biobutanol production, or the expansion of a biobutanol facility; increasing the number of petitioners required for an EAW to 100 and requiring that the petitioners reside or own property within the state; defining motor vehicle in the vehicle registration chapter to include an off-highway motorcycle modified to meet chapter 169 vehicle requirements; adding utility task vehicles to provisions relating to ATVs and other vehicles and making technical changes related to ATVs; allowing an exemption for sale of oxygenated gasoline requirements for research and development of recreational vehicles; eliminating a restriction that county park fees cannot be more than state park fees; allowing local governments another two years to February 4, 2014, for adoption of the PCA rule changes on SSTS; eliminating the repeal of the ethanol definitions; directing the DNR to complete a report on shallow lakes management by January 1, 2012; authorizing a five-year permit for water withdrawal of up to 150 million gallons per year for snowmaking in Cook County; requiring the PCA to amend rules on solid waste facilities to provide a permit term of ten years; directing the DNR to designate a bridge on the Paul Bunyan Trail as the Terry McGaughey memorial bridge and put up signs on the bridge with the designation; directing the commissioner of natural resources to provide access across state lands through an easement or lease to Camp Five township; providing that prior to August 1, 2013, the requirement to have an AIS rule decal attached to all watercraft in full view of the operator will be punishable only by a warning; directing the DNR to report by January 15, 2012, on the long-term funding needed for invasive species laws; directing the revisor of statutes to change references to the CWP program to reflect the repeal of a section under this ac; repealing provisions relating to prairie and grassland definitions, existing provision on AIS inspections, Blakely state wayside, the 15-day waiting period for the issuance of a new watercraft title on a duplicate title, the definition of official controls, statewide resource assessment, general eligibility requirements, and public agency coordination.
(ra)