SF 1115

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 05/14/2011 12:49 p.m.

1.1A bill for an act 1.2relating to natural resources; modifying pesticide control; providing for certain 1.3acquisition by exchange; modifying peatland protection; modifying fees 1.4and fee disposition; modifying invasive species provisions; modifying cash 1.5match requirement for local recreation grants; modifying state water trails and 1.6waysides; modifying Mineral Coordinating Committee; providing for citizen 1.7oversight committees; creating adopt-a-WMA program; modifying definitions; 1.8modifying operating provisions for certain recreational vehicles; providing for 1.9dual registration of certain motorcycles; requiring nonresident off-road vehicle 1.10state trail pass; modifying watercraft titling; modifying special vehicle use on 1.11roadways; modifying oxygenated gasoline requirements; modifying Water Law; 1.12modifying certain local ordinance requirements; modifying waste management 1.13provisions; modifying landfill cleanup program; modifying environmental review 1.14requirements; modifying disposition of certain lease revenue; providing for 1.15certain easement or lease; providing for bridge designation; requiring rulemaking; 1.16requiring reports; appropriating money;amending Minnesota Statutes 2010, 1.17sections 17.117, subdivision 6a; 18B.03, subdivision 1, as amended; 41A.105, 1.18by adding a subdivision; 84.033, subdivision 1; 84.035, subdivision 6; 84.777, 1.19subdivision 2; 84.788, by adding a subdivision; 84.92, subdivisions 8, 9, 10; 1.2084.925, subdivision 1; 84.9257; 84D.01, subdivisions 8a, 16, 21, by adding 1.21subdivisions; 84D.02, subdivision 6; 84D.03, subdivisions 3, 4; 84D.09; 1.2284D.10, subdivisions 1, 3, 4; 84D.11, subdivision 2a; 84D.13, subdivisions 3, 1.234, 5, 6, 7; 84D.15, subdivision 2; 85.018, subdivision 5; 85.019, subdivisions 1.244b, 4c; 85.32, subdivision 1; 86B.825, subdivision 3; 86B.830, subdivision 2; 1.2586B.850, subdivision 1; 86B.885; 89.17; 93.0015, subdivisions 1, 3; 97A.055, 1.26subdivision 4b; 103B.661, subdivision 2; 103F.705; 103F.711, subdivision 8; 1.27103F.715; 103F.725, subdivisions 1, 1a; 103F.731, subdivision 2; 103F.735; 1.28103F.741, subdivision 1; 103F.745; 103F.751; 103G.005, subdivision 10e, by 1.29adding a subdivision; 103G.2212; 103G.222, subdivisions 1, 3; 103G.2242, 1.30subdivisions 2a, 6, 7, 9, 14, by adding a subdivision; 103G.2251; 103G.311, 1.31subdivision 5; 103G.615, subdivision 1, by adding a subdivision; 115.03, by 1.32adding a subdivision; 115.55, subdivision 2; 115A.03, subdivision 25a; 115A.95; 1.33115B.412, subdivision 8, by adding subdivisions; 116D.04, subdivision 2a, as 1.34amended; 168.002, subdivision 18; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8; 1.35239.791, by adding a subdivision; 398.33, subdivision 2; Laws 2010, chapter 1.36361, article 4, section 73; proposing coding for new law in Minnesota Statutes, 1.37chapters 84; 84D; 97A; 103G; 116C; repealing Minnesota Statutes 2010, sections 1.3884.02, subdivisions 1, 2, 3, 4, 6, 7, 8; 84D.02, subdivision 4; 85.013, subdivision 1.392b; 103F.711, subdivision 7; 103F.721; 103F.731, subdivision 1; 103F.761. 2.1BE 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 2.4the new text begin a new text end subcommittee established in section 103F.761, subdivision 2, paragraph (b), for 2.5purposes of reviewing and ranking applications and recommending to the commissioner 2.6allocation amounts. The subcommittee consists of representatives of the Departments of 2.7Agriculture, Natural Resources, and Health; the Pollution Control Agency; the Board 2.8of Water and Soil Resources; the Farm Service Agency and the Natural Resource 2.9Conservation Service of the United States Department of Agriculture; the Association of 2.10Minnesota Counties; the Minnesota Association of Soil and Water Conservation Districts; 2.11and 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 2.13criteria it determines appropriate in carrying out the review and ranking: 2.14    (1) whether the proposed activities are identified in a comprehensive water 2.15management plan or other appropriate local planning documents as priorities; 2.16    (2) the potential that the proposed activities have for improving or protecting 2.17environmental quality; 2.18    (3) the extent that the proposed activities support areawide or multijurisdictional 2.19approaches to protecting environmental quality based on defined watershed or similar 2.20geographic areas; 2.21    (4) whether the activities are needed for compliance with existing environmental 2.22laws or rules; 2.23    (5) whether the proposed activities demonstrate participation, coordination, and 2.24cooperation between local units of government and other public agencies; 2.25    (6) whether there is coordination with other public and private funding sources 2.26and programs; 2.27    (7) whether the applicant has targeted specific best management practices to resolve 2.28specific environmental problems; 2.29    (8) past performance of the applicant in completing projects identified in prior 2.30applications 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 2.332011, chapter 14, section 7, is amended to read: 3.1    Subdivision 1. Administration by commissioner. The commissioner shall 3.2administer, implement, and enforce this chapter and the Department of Agriculture 3.3is the lead state agency for the regulation of pesticides. The commissioner has the 3.4sole regulatory authority over the terrestrial application of pesticides, including, but 3.5not limited to, the application of pesticides to agricultural crops, structures, and other 3.6nonaquatic environments. new text begin Except as provided in subdivision 3, a state agency other than new text end 3.7 new text begin the Department of Agriculture shall not regulate or require permits for the terrestrial or new text end 3.8 new text begin nonaquatic application of pesticides. new text end 3.9    Sec. 3. Minnesota Statutes 2010, section 41A.105, is amended by adding a subdivision 3.10to read: 3.11     new text begin Subd. 1a. new text end new text begin Definitions. new text end new text begin For the purpose of this section: new text end 3.12     new text begin (1) "biobutanol facility" means a facility at which biobutanol is produced; and new text end 3.13     new text begin (2) "biobutanol" means fermentation isobutyl alcohol that is derived from new text end 3.14 new text begin agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets; new text end 3.15 new text begin forest products; or other renewable resources, including residue and waste generated new text end 3.16 new text begin from the production, processing, and marketing of agricultural products, forest products, new text end 3.17 new text begin and other renewable resources. new text end 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 3.20may acquire by gift, lease, easement, new text begin exchange, new text end or purchase, in the manner prescribed 3.21under chapter 117, in the name of the state, lands or any interest in lands suitable and 3.22desirable for establishing and maintaining scientific and natural areas. The commissioner 3.23shall designate any land so acquired as a scientific and natural area by written order 3.24published in the State Register and shall administer any land so acquired and designated as 3.25provided by section 86A.05. Designations of scientific and natural areas are exempt from 3.26the 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 3.29the affected local government unit a management plan for each peatland scientific and 3.30natural area designated under section 84.036 in a manner prescribed by section . 3.31    The management plan shall address recreational trails. In those peatland scientific 3.32and natural areas where no corridor of disturbance was used as a recreational trail on or 4.1before January 1, 1992, the plan may permit only one corridor of disturbance, in each 4.2peatland 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 4.5prescribe seasons for off-highway vehicle use on state forest lands. Except for designated 4.6forest roads, a person must not operate an off-highway vehicle on state forest lands: (1) 4.7outside of the seasons prescribed under this paragraph; or (2) during the firearms deer 4.8hunting season in areas of the state where deer may be taken by rifle. This paragraph 4.9does not apply to a person in possession of a valid deer hunting license operating an 4.10off-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 4.12for use by off-highway vehicles. 4.13    (c) For the purposes of this subdivision, "state forest lands" means forest lands under 4.14the authority of the commissioner as defined in section 89.001, subdivision 13, and lands 4.15managed by the commissioner under section 282.011. 4.16    Sec. 7. Minnesota Statutes 2010, section 84.788, is amended by adding a subdivision 4.17to read: 4.18     new text begin Subd. 12. new text end new text begin Dual registration. new text end new text begin (a) An off-highway motorcycle registered under new text end 4.19 new text begin this section may also be registered as a motorcycle under chapter 168 for use on public new text end 4.20 new text begin roads and highways. new text end 4.21     new text begin (b) If the off-highway motorcycle was not originally constructed primarily for use new text end 4.22 new text begin on public roads and highways, the off-highway motorcycle must be equipped with mirrors new text end 4.23 new text begin and a headlight, taillight, and horn and be otherwise modified as necessary to meet the new text end 4.24 new text begin requirements of chapter 169, the safety standards of the National Traffic and Motor new text end 4.25 new text begin Safety Act, Code of Federal Regulations, part 571, and the regulations adopted under new text end 4.26 new text begin that federal act, for motorcycles regarding safety and acceptability to operate on public new text end 4.27 new text begin roads and highways. new text end 4.28     new text begin (c) An applicant for registration under chapter 168 must submit a form, prescribed new text end 4.29 new text begin by the commissioner of public safety. new text end 4.30 new text begin (d) For the purposes of this subdivision, off-highway motorcycle according to new text end 4.31 new text begin section 84.787, subdivision 7, does not include a golf cart; mini truck; dune buggy; go-cart; new text end 4.32 new text begin moped; pocket bike; gray market vehicle; or vehicle designed and used specifically for new text end 4.33 new text begin lawn maintenance, agriculture, logging, or mining purposes. new text end 4.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2012. new text end 5.1    Sec. 8. new text begin [84.8035] NONRESIDENT OFF-ROAD VEHICLE STATE TRAIL PASS. new text end 5.2     new text begin Subdivision 1. new text end new text begin Pass required; fee. new text end new text begin (a) A nonresident may not operate an off-road new text end 5.3 new text begin vehicle on a state or grant-in-aid off-road vehicle trail unless the vehicle displays a new text end 5.4 new text begin nonresident off-road vehicle state trail pass sticker issued according to this section. new text end 5.5 new text begin The pass must be viewable by a peace officer, a conservation officer, or an employee new text end 5.6 new text begin designated under section new text end new text begin . new text end 5.7     new text begin (b) The fee for an annual pass is $20. The pass is valid from January 1 through new text end 5.8 new text begin December 31. The fee for a three-year pass is $30. The commissioner of natural resources new text end 5.9 new text begin shall issue a pass upon application and payment of the fee. Fees collected under this new text end 5.10 new text begin section, except for the issuing fee for licensing agents, shall be deposited in the state new text end 5.11 new text begin treasury and credited to the off-road vehicle account in the natural resources fund and, new text end 5.12 new text begin except for the electronic licensing system commission established by the commissioner new text end 5.13 new text begin under section new text end new text begin , subdivision 15, must be used for grants-in-aid to counties and new text end 5.14 new text begin municipalities for off-road vehicle organizations to construct and maintain off-road new text end 5.15 new text begin vehicle trails and use areas. new text end 5.16     new text begin (c) A nonresident off-road vehicle state trail pass is not required for: new text end 5.17     new text begin (1) an off-road vehicle that is owned and used by the United States, another state, new text end 5.18 new text begin or a political subdivision thereof that is exempt from registration under section new text end new text begin , new text end 5.19 new text begin subdivision 2; new text end 5.20     new text begin (2) a person operating an off-road vehicle only on the portion of a trail that is owned new text end 5.21 new text begin by the person or the person's spouse, child, or parent; or new text end 5.22     new text begin (3) a nonresident operating an off-road vehicle that is registered according to section new text end 5.23 new text begin . new text end 5.24     new text begin Subd. 2. new text end new text begin License agents. new text end new text begin The commissioner may appoint agents to issue and new text end 5.25 new text begin sell nonresident off-road vehicle state trail passes. The commissioner may revoke the new text end 5.26 new text begin appointment of an agent at any time. The commissioner may adopt additional rules as new text end 5.27 new text begin provided in section new text end new text begin 97A.485, subdivision 11 new text end new text begin . An agent shall observe all rules adopted new text end 5.28 new text begin by the commissioner for accounting and handling of passes pursuant to section new text end new text begin 97A.485, new text end 5.29 new text begin subdivision 11 new text end new text begin . An agent shall promptly deposit and remit all money received from the new text end 5.30 new text begin sale of the passes, exclusive of the issuing fee, to the commissioner. new text end 5.31     new text begin Subd. 3. new text end new text begin Issuance of passes. new text end new text begin The commissioner and agents shall issue and sell new text end 5.32 new text begin nonresident off-road vehicle state trail passes. The commissioner shall also make the new text end 5.33 new text begin passes available through the electronic licensing system established under section new text end new text begin , new text end 5.34 new text begin subdivision 15. new text end 5.35     new text begin Subd. 4. new text end new text begin Agent's fee. new text end new text begin In addition to the fee for a pass, an issuing fee of $1 per pass new text end 5.36 new text begin shall be charged. The issuing fee may be retained by the seller of the pass. Issuing fees for new text end 6.1 new text begin passes issued by the commissioner shall be deposited in the off-road vehicle account in the new text end 6.2 new text begin natural resources fund and retained for the operation of the electronic licensing system. new text end 6.3     new text begin Subd. 5. new text end new text begin Duplicate passes. new text end new text begin The commissioner and agents shall issue a duplicate new text end 6.4 new text begin pass to persons whose pass is lost or destroyed using the process established under section new text end 6.5 new text begin 97A.405, subdivision 3 new text end new text begin , and rules adopted thereunder. The fee for a duplicate nonresident new text end 6.6 new text begin off-road vehicle state trail pass is $4, with an issuing fee of 50 cents. new text end 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 6.9motorized flotation-tired vehicle of not less than three low pressure tires, but not more 6.10than new text begin equipped with three to new text end six new text begin nonhighway new text end tires, that is limited in engine displacement 6.11of less than 960 cubic centimeters and includes a class 1 all-terrain vehicle and class 6.122 all-terrain vehicle. new text begin All-terrain vehicle does not include a golf cart; a mini-truck; a new text end 6.13 new text begin dune buggy; a go cart; or vehicles designed and used specifically for lawn maintenance, new text end 6.14 new text begin agriculture, logging, or mining purposes. new text end 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 6.17all-terrain vehicle that has a total dry weight of less than 1,000 pounds new text begin and has a straddled new text end 6.18 new text begin seat new text end . 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 6.21all-terrain vehicle that new text begin is not a class 1 all-terrain vehicle, new text end has a total dry weight of 1,000 to 6.221,800 pounds new text begin or less, and has a manufacturer's published width of 68 inches or less new text end . 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 6.25comprehensive all-terrain vehicle environmental and safety education and training 6.26program, including the preparation and dissemination of vehicle information and safety 6.27advice to the public, the training of all-terrain vehicle operators, and the issuance of 6.28all-terrain vehicle safety certificates to vehicle operators over the age of 12 years who 6.29successfully complete the all-terrain vehicle environmental and safety education and 6.30training course. 6.31    (b) For the purpose of administering the program and to defray a portion of the 6.32expenses of training and certifying vehicle operators, the commissioner shall collect a fee 7.1of $15 from each person who receives the training. The commissioner shall collect a fee, 7.2to include a $1 issuing fee for licensing agents, for issuing a duplicate all-terrain vehicle 7.3safety certificate. The commissioner shall establish the fee for a duplicate all-terrain 7.4vehicle safety certificate new text begin both fees in a manner new text end that neither significantly overrecovers 7.5nor underrecovers costs, including overhead costs, involved in providing the service new text begin new text end 7.6 new text begin services. The fees are not subject to the rulemaking provisions of chapter 14 and section new text end 7.7 new text begin 14.386 does not apply. The fees may be established by the commissioner notwithstanding new text end 7.8 new text begin section 16A.1283 new text end . Fee proceeds, except for the issuing fee for licensing agents under this 7.9subdivision, shall be deposited in the all-terrain vehicle account in the natural resources 7.10fund new text begin and the amount thereof, except for the electronic licensing system commission new text end 7.11 new text begin established by the commissioner under section 84.027, subdivision 15, and issuing fees new text end 7.12 new text begin collected by the commissioner, is appropriated annually to the Enforcement Division of new text end 7.13 new text begin the Department of Natural Resources for the administration of such programs new text end . In addition 7.14to the fee established by the commissioner, instructors may charge each person up to the 7.15established fee amount for class materials and expenses. 7.16    (c) The commissioner shall cooperate with private organizations and associations, 7.17private and public corporations, and local governmental units in furtherance of the 7.18program established under this section. School districts may cooperate with the 7.19commissioner and volunteer instructors to provide space for the classroom portion of the 7.20training. The commissioner shall consult with the commissioner of public safety in regard 7.21to training program subject matter and performance testing that leads to the certification 7.22of vehicle operators. By June 30, 2003, The commissioner shall incorporate a riding 7.23component in the safety education and training program. 7.24    Sec. 13. Minnesota Statutes 2010, section 84.9257, is amended to read: 7.2584.9257 PASSENGERS. 7.26    (a) A person 18 years of age or older may operate a class 1 all-terrain vehicle 7.27carrying new text begin only new text end one passenger. 7.28    (b) A person 18 years of age or older may operate a class 2 all-terrain vehicle while 7.29carrying a new text begin only one new text end passenger, or up to the number of passengers for which the vehicle 7.30was designed, whichever is greater. 7.31     new text begin (c) A person 12 to 17 years of age may operate a class 1 all-terrain vehicle carrying new text end 7.32 new text begin only one passenger and the passenger must be the person's parent or legal guardian. new text end 7.33    Sec. 14. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision 7.34to read: 8.1     new text begin Subd. 3a. new text end new text begin Decontaminate. new text end new text begin "Decontaminate" means to wash, drain, dry, or thermally new text end 8.2 new text begin or otherwise treat water-related equipment in order to remove or destroy aquatic invasive new text end 8.3 new text begin species using the "Recommended Uniform Minimum Protocol Standards" developed new text end 8.4 new text begin by the United States Fish and Wildlife Service, or other protocols, as prescribed by the new text end 8.5 new text begin commissioner. The commissioner may prescribe protocols in the same manner provided new text end 8.6 new text begin under section 84D.03, subdivision 1, paragraph (d), for designating infested waters. new text end 8.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 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 8.10nonnative species into a free-living state. new text begin Introduce does not include: new text end 8.11     new text begin (1) the immediate return of a nonnative species to waters of the state from which the new text end 8.12 new text begin nonnative species was removed; or new text end 8.13     new text begin (2) the seasonal return of nonnative species attached to water-related equipment, new text end 8.14 new text begin such as a dock or boat lift, that has been stored on riparian property and directly returned new text end 8.15 new text begin to the same waters of the state from which the water-related equipment was removed. new text end 8.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 8.17    Sec. 16. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision 8.18to read: 8.19     new text begin Subd. 8b. new text end new text begin Inspect. new text end new text begin "Inspect" means to examine water-related equipment to new text end 8.20 new text begin determine whether aquatic invasive species, aquatic macrophytes, or water is present and new text end 8.21 new text begin includes removal, drainage, decontamination, or treatment to prevent the transportation new text end 8.22 new text begin and spread of aquatic invasive species, aquatic macrophytes, and water. new text end 8.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 8.24    Sec. 17. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision 8.25to read: 8.26     new text begin Subd. 8c. new text end new text begin Inspector. new text end new text begin "Inspector" means an individual trained and authorized by new text end 8.27 new text begin the commissioner to inspect water-related equipment, a conservation officer, or a licensed new text end 8.28 new text begin peace officer. new text end 8.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.1    Sec. 18. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision 9.2to read: 9.3     new text begin Subd. 15a. new text end new text begin Service provider. new text end new text begin "Service provider" means an individual who new text end 9.4 new text begin installs or removes water-related equipment or structures from waters of the state for new text end 9.5 new text begin hire. "Service provider" does not include a person working under the supervision of an new text end 9.6 new text begin individual with a valid service provider permit issued under section 84D.108. new text end 9.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.8    Sec. 19. Minnesota Statutes 2010, section 84D.01, subdivision 16, is amended to read: 9.9    Subd. 16. Transport. "Transport" means to cause or attempt to cause a species to be 9.10carried or moved into or within the state, and includes accepting or receiving the species 9.11for transportation or shipment. Transport does not include new text begin : new text end 9.12     new text begin (1) new text end the transport new text begin movement new text end of infested water or a new text begin nonnative new text end species within a water 9.13of the state or to a connected water of the state where the species being transported is 9.14already present. new text begin ; or new text end 9.15     new text begin (2) the movement of a nonnative species attached to water-related equipment or new text end 9.16 new text begin other water-related structures from a water of the state to the shore of riparian property on new text end 9.17 new text begin that water or the return of water-related equipment or structures from the shore into the new text end 9.18 new text begin same water of the state. new text end 9.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.20    Sec. 20. Minnesota Statutes 2010, section 84D.01, is amended by adding a subdivision 9.21to read: 9.22     new text begin Subd. 18a. new text end new text begin Water-related equipment. new text end new text begin "Water-related equipment" means a motor new text end 9.23 new text begin vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or new text end 9.24 new text begin any other associated equipment or container, including but not limited to portable bait new text end 9.25 new text begin containers, live wells, ballast tanks except for those vessels permitted under the Pollution new text end 9.26 new text begin Control Agency vessel discharge program, bilge areas, and water-hauling equipment that new text end 9.27 new text begin is capable of containing or transporting aquatic invasive species, aquatic macrophytes, new text end 9.28 new text begin or water. new text end 9.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.30    Sec. 21. Minnesota Statutes 2010, section 84D.01, subdivision 21, is amended to read: 10.1    Subd. 21. Wild animal. "Wild animal" means a living creature, not human, wild by 10.2nature, endowed with sensation and power of voluntary motion new text begin has the meaning given new text end 10.3 new text begin under section 97A.015, subdivision 55 new text end . 10.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 10.5    Sec. 22. Minnesota Statutes 2010, section 84D.02, subdivision 6, is amended to read: 10.6    Subd. 6. Annual report. By January 15 each year, the commissioner shall submit a 10.7report on invasive species of aquatic plants and wild animals to the legislative committees 10.8having jurisdiction over environmental and natural resource issues. The report must 10.9include: 10.10    (1) detailed information on expenditures for administration, education, management, 10.11inspections, and research; 10.12    (2) an analysis of the effectiveness of management activities conducted in the state, 10.13including chemical control, harvesting, educational efforts, and inspections; 10.14    (3) information on the participation of other state agencies, local government units, 10.15and interest groups in control efforts; 10.16    (4) information on the progress made in the management of each species; and 10.17    (5) an assessment of future management needs new text begin and additional measures to protect new text end 10.18 new text begin the state's water resources from human transport and introduction of invasive species new text end . 10.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 10.20    Sec. 23. Minnesota Statutes 2010, section 84D.03, subdivision 3, is amended to read: 10.21    Subd. 3. Bait harvest from infested waters. (a) The Taking of wild animals from 10.22infested waters for bait or aquatic farm purposes is prohibited, except as provided in 10.23paragraph (b) new text begin and section 97C.341 new text end . 10.24    (b) In waters that are designated as infested waters, except those designated because 10.25they contain prohibited invasive species of fish new text begin or certifiable diseases of fish, as defined new text end 10.26 new text begin under section 17.4982, subdivision 6 new text end , the taking of wild animals may be permitted for: 10.27    (1) commercial taking of wild animals for bait and aquatic farm purposes according 10.28to a permit issued under section 84D.11, subject to rules adopted by the commissioner; and 10.29    (2) bait purposes for noncommercial personal use in waters that contain Eurasian 10.30water milfoil, when the infested waters are designated solely because they contain 10.31Eurasian water milfoil and if the equipment for taking is limited to cylindrical minnow 10.32traps not exceeding 16 inches in diameter and 32 inches in length. 11.1     new text begin (c) Equipment authorized for minnow harvest in a designated infested water by new text end 11.2 new text begin permit issued under paragraph (b) may not be transported to, or used in, any waters other new text end 11.3 new text begin than waters specified in the permit. new text end 11.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 11.5    Sec. 24. Minnesota Statutes 2010, section 84D.03, subdivision 4, is amended to read: 11.6    Subd. 4. Commercial fishing and turtle, frog, and crayfish harvesting 11.7restrictions in infested and noninfested waters. (a) All nets, traps, buoys, anchors, 11.8stakes, and lines used for commercial fishing or turtle, frog, or crayfish harvesting in 11.9an infested water that is designated because it contains invasive fish, invertebrates, or 11.10certifiable diseases, as defined in section 17.4982, may not be used in any other waters. If 11.11a commercial licensee operates in both an infested water designated because it contains 11.12invasive fish, invertebrates, or certifiable diseases, as defined in section 17.4982, and other 11.13waters, all nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or 11.14turtle, frog, or crayfish harvesting in waters not designated as infested with invasive fish, 11.15invertebrates, or certifiable diseases, as defined in section 17.4982, must be tagged with 11.16tags provided by the commissioner, as specified in the commercial licensee's license or 11.17permit, and may not be used in infested waters designated because the waters contain 11.18invasive fish, invertebrates, or certifiable diseases, as defined in section . new text begin This new text end 11.19 new text begin tagging requirement does not apply to commercial fishing equipment used in Lake new text end 11.20 new text begin Superior. new text end 11.21(b) All nets, traps, buoys, anchors, stakes, and lines used for commercial fishing or 11.22turtle, frog, or crayfish harvesting in an infested water that is designated solely because it 11.23contains Eurasian water milfoil must be dried for a minimum of ten days or frozen for a 11.24minimum of two days before they are used in any other waters, except as provided in this 11.25paragraph. Commercial licensees must notify the department's regional or area fisheries 11.26office or a conservation officer before removing nets or equipment from an infested water 11.27designated solely because it contains Eurasian water milfoil and before resetting those 11.28nets or equipment in any other waters. Upon notification, the commissioner may authorize 11.29a commercial licensee to move nets or equipment to another water without freezing or 11.30drying, if that water is designated as infested solely because it contains Eurasian water 11.31milfoil. 11.32(c) A commercial licensee must remove all aquatic macrophytes from nets and other 11.33equipment when the nets and equipment are removed from waters of the state. 11.34(d) The commissioner shall provide a commercial licensee with a current listing of 11.35designated infested waters at the time that a license or permit is issued. 12.1 new text begin (e) A person harvesting aquatic life from waters of the state for the purpose of new text end 12.2 new text begin transporting and stocking shall transport the aquatic life to a holding facility. The aquatic new text end 12.3 new text begin life shall remain in the holding facility for at least ten hours and be examined for the new text end 12.4 new text begin presence of invasive species. new text end 12.5 new text begin (f) This subdivision applies to the state and its departments and agencies. new text end 12.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 12.7    Sec. 25. Minnesota Statutes 2010, section 84D.09, is amended to read: 12.884D.09 AQUATIC MACROPHYTES. 12.9    Subdivision 1. Transportation prohibited. A person may not transport aquatic 12.10macrophytes on any state forest road as defined by section 89.001, subdivision 14, any 12.11road or highway as defined in section 160.02, subdivision 26, or any other public road, 12.12except as provided in this section. 12.13    Subd. 2. Exceptions. Unless otherwise prohibited by law, a person may transport 12.14aquatic macrophytes: 12.15    (1) that are duckweeds in the family Lemnaceae; 12.16    (2) for disposal as part of a harvest or control activity conducted under an aquatic 12.17plant management permit pursuant to section 103G.615, under permit pursuant to section 12.1884D.11 , or as specified by the commissioner; 12.19    (3) for purposes of constructing shooting or observation blinds in amounts sufficient 12.20for that purpose, provided that the aquatic macrophytes are emergent and cut above the 12.21waterline; 12.22    (4) when legally purchased or traded by or from commercial or hobbyist sources for 12.23aquarium, wetland or lakeshore restoration, or ornamental purposes; 12.24    (5) when harvested for personal or commercial use if in a motor vehicle; 12.25    (6) to the department, or another destination as the commissioner may direct, in a 12.26sealed container for purposes of identifying a species or reporting the presence of a species; 12.27    (7) when transporting commercial aquatic plant harvesting new text begin or control new text end equipment to a 12.28suitable location for purposes of cleaning any remaining aquatic macrophytes; 12.29    (8) that are wild rice harvested under section 84.091; or 12.30    (9) in the form of fragments of emergent aquatic macrophytes incidentally 12.31transported in or on watercraft or decoys used for waterfowl hunting during the waterfowl 12.32season. new text begin ; or new text end 12.33     new text begin (10) when removing water-related equipment from waters of the state for purposes new text end 12.34 new text begin of cleaning off aquatic macrophytes before leaving a water access site. new text end 13.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 13.2    Sec. 26. Minnesota Statutes 2010, section 84D.10, subdivision 1, is amended to read: 13.3    Subdivision 1. Launching prohibited. A person may not place or attempt to 13.4place into waters of the state a watercraft, a trailer, or new text begin aquatic new text end plant harvesting new text begin or control new text end 13.5equipment that has aquatic macrophytes, zebra mussels, or prohibited invasive species 13.6attached except as provided in this section. 13.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 13.8    Sec. 27. Minnesota Statutes 2010, section 84D.10, subdivision 3, is amended to read: 13.9    Subd. 3. Removal and confinement. new text begin (a) new text end A conservation officer or other licensed 13.10peace officer may order: 13.11    (1) the removal of aquatic macrophytes or prohibited invasive species from a trailer 13.12or watercraft new text begin water-related equipment new text end before it is placed into waters of the state; 13.13    (2) confinement of the watercraft new text begin water-related equipment new text end at a mooring, dock, or 13.14other location until the watercraft new text begin water-related equipment new text end is removed from the water; and 13.15    (3) removal of a watercraft new text begin water-related equipment new text end from waters of the state 13.16to remove prohibited invasive species if the water has not been designated by the 13.17commissioner as being infested with that species. new text begin ; and new text end 13.18     new text begin (4) a prohibition on placing water-related equipment into waters of the state when new text end 13.19 new text begin the water-related equipment has aquatic macrophytes or prohibited invasive species new text end 13.20 new text begin attached in violation of subdivision 1 or when water has not been drained or the drain plug new text end 13.21 new text begin has not been removed in violation of subdivision 4. new text end 13.22     new text begin (b) An inspector who is not a licensed peace officer may issue orders under new text end 13.23 new text begin paragraph (a), clauses (1), (3), and (4). new text end 13.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 13.25    Sec. 28. Minnesota Statutes 2010, section 84D.10, subdivision 4, is amended to read: 13.26    Subd. 4. Persons leaving public waters; report new text begin transporting water-related new text end 13.27 new text begin equipment new text end . (a) A person new text begin When new text end leaving waters of the state new text begin a person new text end must drain 13.28boating-related new text begin water-related new text end equipment holding water and live wells and bilges by 13.29removing the drain plug before transporting the watercraft and associated new text begin water-related new text end 13.30equipment on public roads new text begin off the water access site or riparian property new text end . 14.1     new text begin (b) new text end Drain plugs, bailers, valves, or other devices used to control the draining of water 14.2from ballast tanks, bilges, and live wells must be removed or opened while transporting 14.3watercraft on a public road new text begin water-related equipment new text end . 14.4     new text begin (c) Emergency response vehicles and equipment may be transported on a public road new text end 14.5 new text begin with the drain plug or other similar device replaced only after all water has been drained new text end 14.6 new text begin from the equipment upon leaving the water body. new text end 14.7     new text begin (d) new text end Marine sanitary systems and portable bait containers are excluded new text begin exempt new text end from 14.8this requirement new text begin subdivision new text end . 14.9     new text begin (e) new text end A person must not dispose of bait in waters of the state. 14.10    (b) The commissioner shall report, by January 15 of each odd-numbered year, to 14.11the chairs and ranking minority members of the house of representatives and senate 14.12committees and divisions having jurisdiction over water resources policy and finance. The 14.13report shall advise the legislature on additional measures to protect state water resources 14.14from human transport of invasive species. 14.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 14.16    Sec. 29. new text begin [84D.105] INSPECTION OF WATERCRAFT AND WATER-RELATED new text end 14.17 new text begin EQUIPMENT. new text end 14.18     new text begin Subdivision 1. new text end new text begin Compliance inspections. new text end new text begin Compliance with aquatic invasive species new text end 14.19 new text begin inspection requirements is an express condition of operating or transporting water-related new text end 14.20 new text begin equipment. An inspector may prohibit an individual who refuses to allow an inspection of new text end 14.21 new text begin the individual's water-related equipment or who refuses to remove and dispose of aquatic new text end 14.22 new text begin invasive species, aquatic macrophytes, and water from placing or operating water-related new text end 14.23 new text begin equipment in waters of the state. new text end 14.24     new text begin Subd. 2. new text end new text begin Inspector authority. new text end new text begin (a) The commissioner shall train and authorize new text end 14.25 new text begin individuals to inspect water-related equipment for aquatic macrophytes, aquatic new text end 14.26 new text begin invasive species, and water. Inspectors may visually and tactilely inspect watercraft new text end 14.27 new text begin and water-related equipment to determine whether aquatic invasive species, aquatic new text end 14.28 new text begin macrophytes, or water is present. If a person transporting watercraft or water-related new text end 14.29 new text begin equipment refuses to take required corrective actions or fails to comply with an order new text end 14.30 new text begin under section 84D.10, subdivision 3, an inspector who is not a licensed peace officer shall new text end 14.31 new text begin refer the violation to a conservation officer or other licensed peace officer. new text end 14.32     new text begin (b) In addition to paragraph (a), a conservation officer or other licensed peace officer new text end 14.33 new text begin may inspect any watercraft or water-related equipment that is stopped at a water access new text end 14.34 new text begin site or stopped at any other location in the state if the officer determines there is reason new text end 15.1 new text begin to believe that aquatic invasive species, aquatic macrophytes, or water is present on the new text end 15.2 new text begin watercraft or water-related equipment. new text end 15.3     new text begin (c) Conservation officers or other licensed peace officers may utilize check stations new text end 15.4 new text begin in locations, or in proximity to locations, where watercraft or other water-related new text end 15.5 new text begin equipment is placed into or removed from waters of the state. Any check stations shall be new text end 15.6 new text begin operated in a manner that minimizes delays to vehicles, equipment, and their occupants. new text end 15.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 15.8    Sec. 30. new text begin [84D.108] SERVICE PROVIDER PERMIT. new text end 15.9     new text begin Subdivision 1. new text end new text begin Service provider permit required. new text end new text begin (a) Service providers must apply new text end 15.10 new text begin for and obtain a permit from the commissioner before providing any services described in new text end 15.11 new text begin section 84D.01, subdivision 15a. new text end 15.12 new text begin (b) Service providers must have a valid permit in possession while providing new text end 15.13 new text begin services described in section 84D.01, subdivision 15a. new text end 15.14     new text begin Subd. 2. new text end new text begin Permit requirements. new text end new text begin (a) Service providers must complete invasive new text end 15.15 new text begin species training provided by the commissioner and pass an examination to qualify for a new text end 15.16 new text begin permit. Service provider permits are valid for three calendar years. new text end 15.17 new text begin (b) A $50 application and testing fee is required for service provider permit new text end 15.18 new text begin applications. new text end 15.19 new text begin (c) Persons working for a permittee must satisfactorily complete aquatic invasive new text end 15.20 new text begin species-related training provided by the commissioner. new text end 15.21     new text begin Subd. 3. new text end new text begin Standard for issuing. new text end new text begin The commissioner may issue, deny, modify, or new text end 15.22 new text begin revoke a permit as provided in section 84D.11, subdivision 3. new text end 15.23     new text begin Subd. 4. new text end new text begin Appeal of permit decision. new text end new text begin Permit decisions may be appealed as provided new text end 15.24 new text begin in section new text end new text begin , subdivision 4. new text end 15.25    Sec. 31. Minnesota Statutes 2010, section 84D.11, subdivision 2a, is amended to read: 15.26    Subd. 2a. Harvest of bait from infested waters. new text begin (a) new text end The commissioner may issue 15.27a permit to allow the harvest of bait from waters that are designated as infested waters, 15.28except those designated because they contain prohibited invasive species of fish. The 15.29permit shall include conditions necessary to avoid spreading aquatic invasive species. 15.30     new text begin (b) new text end Before receiving a permit, new text begin or working for a permittee, new text end a person annually 15.31must satisfactorily complete aquatic invasive species-related training provided by the 15.32commissioner. 15.33    Sec. 32. Minnesota Statutes 2010, section 84D.13, subdivision 3, is amended to read: 16.1    Subd. 3. Criminal penalties. (a) A person who violates a provision of section new text begin new text end 16.2 new text begin sections new text end new text begin or new text end 84D.06, , , or new text begin to 84D.11 new text end , or a rule adopted under 16.3section 84D.12, is guilty of a misdemeanor. 16.4    (b) A person who possesses, transports, or introduces a prohibited invasive species in 16.5violation of section 84D.05 is guilty of a misdemeanor. A person who imports, purchases, 16.6sells, or propagates a prohibited invasive species in violation of section 84D.05 is guilty 16.7of a gross misdemeanor. 16.8    (c) A person who refuses to obey an order of a peace officer or conservation officer 16.9to remove prohibited invasive species or aquatic macrophytes from any watercraft, trailer, 16.10or plant harvesting new text begin water-related new text end equipment is guilty of a gross misdemeanor. 16.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 16.12    Sec. 33. Minnesota Statutes 2010, section 84D.13, subdivision 4, is amended to read: 16.13    Subd. 4. Warnings; civil citations. After appropriate training, conservation 16.14officers, other licensed peace officers, and other department personnel designated by the 16.15commissioner may issue warnings or citations to a person who: 16.16    (1) unlawfully transports prohibited invasive species or aquatic macrophytes; 16.17    (2) unlawfully places or attempts to place into waters of the state a trailer, a 16.18watercraft, or plant harvesting new text begin water-related new text end equipment that has aquatic macrophytes 16.19or prohibited invasive species attached; 16.20    (3) intentionally damages, moves, removes, or sinks a buoy marking, as prescribed 16.21by rule, Eurasian water milfoil; 16.22    (4) fails to new text begin remove plugs, open valves, and new text end drain water, as required by rule, from 16.23watercraft and new text begin water-related new text end equipment before leaving designated zebra mussel, spiny 16.24water flea, or other invasive plankton infested waters new text begin of the state or when transporting new text end 16.25 new text begin water-related equipment as provided in section 84D.10, subdivision 4 new text end ; or 16.26    (5) transports infested water, in violation of rule, off riparian property. 16.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 16.28    Sec. 34. Minnesota Statutes 2010, section 84D.13, subdivision 5, is amended to read: 16.29    Subd. 5. Civil penalties. A civil citation issued under this section must impose 16.30the following penalty amounts: 16.31    (1) for transporting aquatic macrophytes on a forest road as defined by section 16.32, subdivision 14, road or highway as defined by section , subdivision 26, or 16.33any other public road, $50 new text begin in violation of section 84D.09, $50 new text end ; 17.1    (2) for placing or attempting to place into waters of the state a watercraft, a trailer, or 17.2aquatic plant harvesting new text begin water-related new text end equipment that has aquatic macrophytes attached, 17.3$100; 17.4    (3) for unlawfully possessing or transporting a prohibited invasive species other 17.5than an aquatic macrophyte, $250; 17.6    (4) for placing or attempting to place into waters of the state a watercraft, a trailer, 17.7or aquatic plant harvesting new text begin water-related new text end equipment that has prohibited invasive species 17.8attached when the waters are not designated by the commissioner as being infested with 17.9that invasive species, $500 for the first offense and $1,000 for each subsequent offense; 17.10    (5) for intentionally damaging, moving, removing, or sinking a buoy marking, as 17.11prescribed by rule, Eurasian water milfoil, $100; 17.12    (6) for failing to new text begin remove plugs, open valves, and new text end drain water, as required by rule, 17.13for infested waters and from watercraft and new text begin water-related new text end equipment, other than marine 17.14sanitary systems and portable bait containers, before leaving waters of the state, $50; and 17.15    (7) for transporting infested water off riparian property without a permit as required 17.16by rule, $200. 17.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 17.18    Sec. 35. Minnesota Statutes 2010, section 84D.13, subdivision 6, is amended to read: 17.19    Subd. 6. Watercraft license suspension. A civil citation may be issued to suspend, 17.20for up to a year, the watercraft license of an owner or person in control of a watercraft 17.21or trailer who refuses to submit to an inspection under section 84D.02, subdivision 4, new text begin new text end 17.22 new text begin 84D.105 new text end or who refuses to comply with a removal order given under new text begin this new text end section . 17.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 17.24    Sec. 36. Minnesota Statutes 2010, section 84D.13, subdivision 7, is amended to read: 17.25    Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft 17.26license suspension is effective 30 days after issuance of the civil citation. A civil penalty 17.27collected under this section is payable to new text begin must be paid to either: (1) new text end the commissioner new text begin new text end 17.28 new text begin if the citation was issued by a conservation officer new text end and must be credited to the invasive 17.29species account. new text begin ; or (2) the treasury of the unit of government employing the officer who new text end 17.30 new text begin issued the civil citation. new text end 17.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 17.32    Sec. 37. Minnesota Statutes 2010, section 84D.15, subdivision 2, is amended to read: 18.1    Subd. 2. Receipts. Money received from surcharges on watercraft licenses under 18.2section 86B.415, subdivision 7, and civil penalties under section 84D.13 new text begin , and service new text end 18.3 new text begin provider permits under section 84D.108, new text end shall be deposited in the invasive species account. 18.4Each year, the commissioner of management and budget shall transfer from the game and 18.5fish fund to the invasive species account, the annual surcharge collected on nonresident 18.6fishing licenses under section 97A.475, subdivision 7, paragraph (b). In fiscal years 2010 18.7and 2011, the commissioner of management and budget shall transfer $725,000 from the 18.8water recreation account under section 86B.706 to the invasive species account. 18.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.10    Sec. 38. Minnesota Statutes 2010, section 85.018, subdivision 5, is amended to read: 18.11    Subd. 5. Motorized vehicle trails restricted. (a) From December 1 to April 1 in 18.12any year no use of a motorized vehicle other than a snowmobile, unless authorized by 18.13permit, lease new text begin , new text end or easement, shall be permitted on a trail designated for use by snowmobiles. 18.14    (b) From December 1 to April 1 in any year No use of a motorized vehicle other 18.15than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized 18.16by permit, new text begin lease, or easement, new text end shall be permitted on a trail designated for use by all-terrain 18.17vehicles, off-road vehicles, or both, and off-highway motorcycles. 18.18    Sec. 39. Minnesota Statutes 2010, section 85.019, subdivision 4b, is amended to read: 18.19    Subd. 4b. Regional trails. The commissioner shall administer a program to 18.20provide grants to units of government for acquisition and betterment of public land and 18.21improvements needed for trails outside the metropolitan area deemed to be of regional 18.22significance according to criteria published by the commissioner. Recipients must provide 18.23a nonstate cash match of at least one-half new text begin 25 percent new text end of total eligible project costs. If 18.24land used for the trails is not in full public ownership, then the recipients must prove it 18.25is dedicated to the purposes of the grants for at least 20 years. The commissioner shall 18.26make payment to a unit of government upon receiving documentation of reimbursable 18.27expenditures. A unit of government may enter into a lease or management agreement 18.28for the trail, subject to section 16A.695. 18.29    Sec. 40. Minnesota Statutes 2010, section 85.019, subdivision 4c, is amended to read: 18.30    Subd. 4c. Trail connections. The commissioner shall administer a program to 18.31provide grants to units of government for acquisition and betterment of public land and 18.32improvements needed for trails that connect communities, trails, and parks and thereby 18.33increase the effective length of trail experiences. Recipients must provide a nonstate cash 19.1match of at least one-half new text begin 25 percent new text end of total eligible project costs. If land used for the 19.2trails is not in full public ownership, then the recipients must prove it is dedicated to the 19.3purposes of the grants for at least 20 years. The commissioner shall make payment to a 19.4unit of government upon receiving documentation of reimbursable expenditures. A unit 19.5of government may enter into a lease or management agreement for the trail, subject 19.6to section 16A.695. 19.7    Sec. 41. Minnesota Statutes 2010, section 85.32, subdivision 1, is amended to read: 19.8    Subdivision 1. Areas marked. The commissioner of natural resources is authorized 19.9in cooperation with local units of government and private individuals and groups when 19.10feasible to mark state water trails on the Little Fork, Big Fork, Minnesota, St. Croix, 19.11Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, St. Louis, Pine, 19.12Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift County, Watonwan, 19.13Cottonwood, Whitewater, Chippewa from Benson in Swift County to Montevideo in 19.14Chippewa County, Long Prairie, Red River of the North, Sauk, Otter Tail, Redwood, 19.15Blue Earth, new text begin Cedar, new text end and Crow Rivers which have historic and scenic values and to mark 19.16appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls, 19.17whirlpools, and other serious hazards which are dangerous to canoe, kayak, and watercraft 19.18travelers. 19.19    Sec. 42. Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read: 19.20    Subd. 3. Voluntary titling. The owner of a device used or designed for navigation 19.21on water and used on the waters of this state may obtain a certificate of title for the device, 19.22even though it is not a watercraft as defined in section 86B.820, subdivision 14, in the 19.23same manner and with the same effect as the owner of a watercraft required to be titled 19.24under Laws 1989, chapter 335 new text begin sections 86B.820 to 86B.920 new text end . Once titled, the device 19.25is a titled watercraft as defined in section 86B.820, subdivision 13, and is and remains 19.26subject to Laws 1989, chapter 335 new text begin sections 86B.820 to 86B.920 new text end , to the same extent as a 19.27watercraft required to be titled. 19.28    Sec. 43. Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read: 19.29    Subd. 2. Issuance. (a) The commissioner shall issue a certificate of title for a 19.30watercraft upon verification that: 19.31    (1) the application is genuine; 19.32    (2) the applicant is the owner of the watercraft; and 19.33    (3) payment of the required fee. 20.1    (b) The original certificate of title must be mailed to the first secured party disclosed 20.2in the application or, if none, to the owner named in the application. new text begin Secured parties, if new text end 20.3 new text begin any, must be mailed notification of their security interest filed. new text end 20.4    Sec. 44. Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read: 20.5    Subdivision 1. Form and issuance. (a) The commissioner may issue a duplicate 20.6certificate of title under this section. The duplicate certificate of title must be a certified 20.7copy plainly marked "duplicate" across its face and must contain the legend: "This 20.8duplicate certificate of title may be subject to the rights of a person under the original 20.9certificate." It must be mailed to the first secured party named in it or, if none, to the owner. 20.10The commissioner shall indicate in the department records that a duplicate has been issued. 20.11    (b) As a condition to issuing a duplicate certificate of title, the commissioner may 20.12require a bond from the applicant in the manner and form prescribed in section 86B.830, 20.13subdivision 4 , paragraph (b). 20.14    Sec. 45. Minnesota Statutes 2010, section 86B.885, is amended to read: 20.1586B.885 OWNER-CREATED SECURITY INTEREST. 20.16    Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft. 20.17    (a) The owner shall immediately execute the application in the space provided on the 20.18certificate of title or on a separate form prescribed by the commissioner, show the name 20.19and address of the secured party on the certificate, and have the certificate, application, 20.20and required fee delivered to the secured party. 20.21    (b) The secured party shall immediately have the certificate, application, and 20.22required fee mailed or delivered to the commissioner. 20.23    (c) Upon request of the owner or new text begin A second or new text end subordinate secured party, a secured 20.24party in possession of the certificate of title shall either (1) mail or deliver the certificate 20.25to the subordinate secured party for delivery to the commissioner, or (2) upon receiving 20.26from the subordinate secured party the owner's application and the required fee, mail or 20.27deliver them to the commissioner with the certificate. The delivery of the certificate does 20.28not affect the rights of the first secured party under the security agreement. 20.29    (d) Upon receiving the certificate of title, application, and required fee, the 20.30commissioner shall either endorse on the certificate or issue a new certificate containing 20.31the name and address of the new secured party, and mail or deliver the certificate to the 20.32first secured party named on it new text begin owner. The secured party or parties shall be issued a new text end 20.33 new text begin notification that the security interest has been recorded new text end . 21.1    Sec. 46. Minnesota Statutes 2010, section 89.17, is amended to read: 21.289.17 LEASES AND PERMITS. 21.3Notwithstanding the permit procedures of chapter 90, the commissioner shall have 21.4power to grant and execute, in the name of the state, leases and permits for the use of 21.5any forest lands under the authority of the commissioner for any purpose which in the 21.6commissioner's opinion is not inconsistent with the maintenance and management of the 21.7forest lands, on forestry principles for timber production. Every such lease or permit shall 21.8be revocable at the discretion of the commissioner at any time subject to such conditions 21.9as may be agreed on in the lease. The approval of the commissioner of administration 21.10shall not be required upon any such lease or permit. No such lease or permit for a period 21.11exceeding 21 years shall be granted except with the approval of the Executive Council. 21.12Public access to the leased land for outdoor recreation shall be the same as access 21.13would be under state management. 21.14 new text begin Notwithstanding section 16A.125, subdivision 5, after deducting the reasonable new text end 21.15 new text begin costs incurred for preparing and issuing the lease, all remaining proceeds from the leasing new text end 21.16 new text begin of school trust land and university land for roads on forest lands must be deposited into the new text end 21.17 new text begin respective permanent fund for the lands. new text end 21.18    Sec. 47. Minnesota Statutes 2010, section 93.0015, subdivision 1, is amended to read: 21.19    Subdivision 1. Establishment; membership. The Mineral Coordinating Committee 21.20is established to plan for diversified mineral development. The Mineral Coordinating 21.21Committee consists of: 21.22    (1) the commissioner of natural resources; 21.23    (2) the deputy commissioner of the Minnesota Pollution Control Agency; 21.24    (3) the director of United Steelworkers of America, District 11, or the director's 21.25designee; 21.26    (4) new text begin (3) new text end the commissioner of Iron Range resources and rehabilitation; 21.27    (5) new text begin (4) new text end the director of the Minnesota Geological Survey; 21.28    (6) new text begin (5) new text end the dean of the University of Minnesota Institute of Technology; 21.29    (7) new text begin (6) new text end the director of the Natural Resources Research Institute; and 21.30    (8) three new text begin (7) four new text end individuals appointed by the governor for a four-year term, one 21.31each representing the iron ore and taconite, nonferrous metallic minerals, and industrial 21.32minerals industries within the state new text begin and one representing labor new text end . 21.33    Sec. 48. Minnesota Statutes 2010, section 93.0015, subdivision 3, is amended to read: 22.1    Subd. 3. Expiration. Notwithstanding section 15.059, subdivision 5, or other law to 22.2the contrary, the committee expires June 30, 2011 new text begin 2016 new text end . 22.3    Sec. 49. Minnesota Statutes 2010, section 97A.055, subdivision 4b, is amended to read: 22.4    Subd. 4b. Citizen oversight subcommittees new text begin committees new text end . (a) The commissioner 22.5shall appoint subcommittees new text begin committees new text end of affected persons to review the reports 22.6prepared under subdivision 4; review the proposed work plans and budgets for the coming 22.7year; propose changes in policies, activities, and revenue enhancements or reductions; 22.8review other relevant information; and make recommendations to the legislature and 22.9the commissioner for improvements in the management and use of money in the game 22.10and fish fund. 22.11    (b) The commissioner shall appoint the following subcommittees new text begin committees new text end , each 22.12comprised of at least three new text begin ten new text end affected persons: 22.13    (1) a Fisheries Operations Subcommittee new text begin Oversight Committee new text end to review fisheries 22.14funding new text begin and expenditures new text end , excluding new text begin including new text end activities related to trout and salmon stamp new text begin new text end 22.15 new text begin stamps new text end and walleye stamp funding new text begin stamps new text end ; new text begin and new text end 22.16    (2) a Wildlife Operations Subcommittee new text begin Oversight Committee new text end to review wildlife 22.17funding new text begin and expenditures new text end , excluding new text begin including new text end activities related to migratory waterfowl, 22.18pheasant, and wild turkey management funding and excluding review of the amounts 22.19available under section 97A.075, subdivision 1, paragraphs (b) and (c); new text begin deer and big new text end 22.20 new text begin game management. new text end 22.21    (3) a Big Game Subcommittee to review the report required in subdivision 4, 22.22paragraph (a), clause (2); 22.23    (4) an Ecological Resources Subcommittee to review ecological services funding; 22.24    (5) a subcommittee to review game and fish fund funding of enforcement and 22.25operations support; 22.26    (6) a subcommittee to review the trout and salmon stamp report and address funding 22.27issues related to trout and salmon; 22.28    (7) a subcommittee to review the report on the migratory waterfowl stamp and 22.29address funding issues related to migratory waterfowl; 22.30    (8) a subcommittee to review the report on the pheasant stamp and address funding 22.31issues related to pheasants; 22.32    (9) a subcommittee to review the report on the wild turkey management account and 22.33address funding issues related to wild turkeys; and 22.34    (10) a subcommittee to review the walleye stamp and address funding issues related 22.35to walleye stocking. 23.1    (c) The chairs of each of the subcommittees new text begin Fisheries Oversight Committee and the new text end 23.2 new text begin Wildlife Oversight Committee, and four additional members from each committee, new text end shall 23.3form a Budgetary Oversight Committee to coordinate the integration of the subcommittee new text begin new text end 23.4 new text begin fisheries and wildlife oversight committee new text end reports into an annual report to the legislature; 23.5recommend changes on a broad level in policies, activities, and revenue enhancements or 23.6reductions; new text begin and new text end provide a forum to address issues that transcend the subcommittees; and 23.7submit a report for any subcommittee that fails to submit its report in a timely manner new text begin new text end 23.8 new text begin fisheries and wildlife oversight committees new text end . 23.9    (d) The Budgetary Oversight Committee shall develop recommendations for a 23.10biennial budget plan and report for expenditures on game and fish activities. By August 15 23.11of each even-numbered year, the committee shall submit the budget plan recommendations 23.12to the commissioner and to the senate and house of representatives committees with 23.13jurisdiction over natural resources finance. 23.14    (e) Each subcommittee shall choose its own chair, except that new text begin The chairs of the new text end 23.15 new text begin Fisheries Oversight Committee and the Wildlife Oversight Committee shall be chosen new text end 23.16 new text begin by their respective committees. new text end The chair of the Budgetary Oversight Committee shall 23.17be appointed by the commissioner and may not be the chair of any of the subcommittees new text begin new text end 23.18 new text begin either of the other oversight committees new text end . 23.19    (f) The Budgetary Oversight Committee must new text begin may new text end make recommendations to the 23.20commissioner and to the senate and house of representatives committees with jurisdiction 23.21over natural resources finance for outcome goals from expenditures. 23.22    (g) Notwithstanding section 15.059, subdivision 5, or other law to the contrary, new text begin the new text end 23.23 new text begin Fisheries Oversight Committee, the Wildlife Oversight Committee, and new text end the Budgetary 23.24Oversight Committee and subcommittees do not expire until June 30, 2010 new text begin 2015 new text end . 23.25    Sec. 50. new text begin [97A.134] ADOPT-A-WMA PROGRAM. new text end 23.26     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The Minnesota adopt-a-WMA (wildlife management area) new text end 23.27 new text begin program is established. The commissioner shall coordinate the program through the new text end 23.28 new text begin regional offices of the Department of Natural Resources. new text end 23.29     new text begin Subd. 2. new text end new text begin Agreements. new text end new text begin (a) The commissioner shall enter into informal agreements new text end 23.30 new text begin with sporting, outdoor, business, and civic groups or individuals for volunteer services to new text end 23.31 new text begin maintain and make improvements to real property on state wildlife management areas in new text end 23.32 new text begin accordance with plans devised by the commissioner after consultation with the groups new text end 23.33 new text begin or individuals. new text end 24.1     new text begin (b) The commissioner may erect appropriate signs to recognize and express new text end 24.2 new text begin appreciation to groups and individuals providing volunteer services under the new text end 24.3 new text begin adopt-a-WMA program. new text end 24.4     new text begin (c) The commissioner may provide assistance to enhance the comfort and safety of new text end 24.5 new text begin volunteers and to facilitate the implementation and administration of the adopt-a-WMA new text end 24.6 new text begin program. new text end 24.7    Sec. 51. Minnesota Statutes 2010, section 103B.661, subdivision 2, is amended to read: 24.8    Subd. 2. Powers. Subject to the provisions of chapters 97A, 103D, 103E, 103G, 24.9and 115, and the rules and regulations of the respective agencies and governing bodies 24.10vested with jurisdiction and authority under those chapters, the district has the following 24.11powers to: 24.12    (1) regulate the types of boats permitted to use the lake new text begin and set service fees new text end ; 24.13    (2) limit the use of motors, including their types and horsepower, on the lake; 24.14    (3) regulate, maintain, and police public beaches, public docks, and other public 24.15facilities for access to the lake within the territory of the municipalities; 24.16    (4) limit by rule the use of the lake at various times and the use of various parts of 24.17the lake; 24.18    (5) regulate the speed of boats on the lake and the conduct of other activities on the 24.19lake to secure the safety of the public and the most general public use; 24.20    (6) contract with other law enforcement agencies to police the lake and its shores; 24.21    (7) regulate the construction, installation, and maintenance of permanent and 24.22temporary docks and moorings consistent with federal and state law; 24.23    (8) regulate the construction and use of mechanical and chemical means of deicing 24.24the lake and to regulate the mechanical and chemical means of removal of weeds and 24.25algae from the lake; 24.26    (9) regulate the construction, configuration, size, location, and maintenance of 24.27commercial marinas and their related facilities including parking areas and sanitary 24.28facilities. The regulation shall be consistent with the applicable municipal building codes 24.29and zoning ordinances where said marinas are situated; 24.30    (10) contract with other governmental bodies to perform any of the functions 24.31of the district; 24.32    (11) undertake research to determine the condition and development of the lake and 24.33the water entering it and to transmit their studies to the Pollution Control Agency and other 24.34interested authorities; and to develop a comprehensive program to eliminate pollution; 25.1    (12) receive financial assistance from and join in projects or enter into contracts 25.2with federal and state agencies for the study and treatment of pollution problems and 25.3demonstration programs related to them; 25.4    (13) petition the board of managers of a watershed district where the White Bear 25.5Lake Conservation District is located for improvements under section 103D.705, for 25.6which a bond may not be required of the district; and 25.7    (14) to require the submission of all plans pertaining to or affecting construction or 25.8other lakeshore use on any lot or parcel of land abutting the shoreline including: length 25.9of setback from the shoreline, adjoining property, or any street or highway; problems of 25.10population density; possible water, air or visual pollution; or height of construction. The 25.11board shall have 60 days after submission of plans or any part thereof for review. If, within 25.1260 days of submission the board finds the plan or any part is inconsistent with its plans or 25.13ordinances, it may recommend that the plan or any part be revised and resubmitted. 25.14    Sec. 52. Minnesota Statutes 2010, section 103F.705, is amended to read: 25.15103F.705 PURPOSE. 25.16    (a) It is the purpose of the legislature in enacting sections 103F.701 to new text begin new text end 25.17 new text begin 103F.755 new text end to protect and improve new text begin , enhance, and restore new text end surface and ground water in the 25.18state, through financial and technical assistance to local units of government to control new text begin new text end 25.19 new text begin prevent new text end water pollution new text begin , including that new text end associated with land use and land management 25.20activities. new text begin , and new text end 25.21    (b) It is also the purpose of the legislature to: 25.22    (1) identify water quality problems and their causes; 25.23    (2) direct technical and financial resources to resolve water quality problems and to 25.24abate their causes; 25.25    (3) provide technical and financial resources to local units of government for 25.26implementation of water quality protection and improvement projects; 25.27    (4) coordinate a nonpoint source pollution control program with elements of the 25.28existing state water quality program and other existing resource management programs; 25.29and 25.30    (5) new text begin to new text end provide a legal basis for state implementation of federal laws controlling 25.31nonpoint source water pollution. 25.32    Sec. 53. Minnesota Statutes 2010, section 103F.711, subdivision 8, is amended to read: 25.33    Subd. 8. Project. "Project" means the diagnostic study new text begin identification new text end of water 25.34pollution caused by nonpoint sources of water pollution new text begin and its causes new text end , a plan to implement 26.1best management practices new text begin prevent water pollution or protect and improve water quality new text end , 26.2and the physical features constructed or actions taken by a local unit of government to 26.3implement best management practices new text begin measures taken to prevent water pollution or new text end 26.4 new text begin protect and improve water quality new text end . 26.5    Sec. 54. Minnesota Statutes 2010, section 103F.715, is amended to read: 26.6103F.715 CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED. 26.7    A clean water partnership program is established as provided in sections 103F.701 to 26.8103F.761 new text begin 103F.755 new text end . The agency shall administer the program in accordance with these 26.9sections. As a basis for the program, the agency and the Metropolitan Council shall 26.10conduct an assessment of waters in accordance with section . The agency shall 26.11then provide financial and technical assistance in accordance with section 103F.725 to local 26.12units of government for projects in geographical areas that contribute to surface or ground 26.13water flows. The projects shall provide for protection and improvement new text begin , enhancement, or new text end 26.14 new text begin restoration new text end of surface and ground water from nonpoint sources of water pollution. 26.15    Sec. 55. Minnesota Statutes 2010, section 103F.725, subdivision 1, is amended to read: 26.16    Subdivision 1. Grants. (a) The agency may award grants for up to 50 percent 26.17of the eligible cost for: new text begin projects. new text end 26.18    (1) the development of a diagnostic study and implementation plan; and 26.19    (2) the implementation of that plan. 26.20    (b) The agency shall determine which costs are eligible costs and grants shall be 26.21made and used only for eligible costs. 26.22    Sec. 56. Minnesota Statutes 2010, section 103F.725, subdivision 1a, is amended to 26.23read: 26.24    Subd. 1a. Loans. (a) Up to $36,000,000 new text begin $50,000,000 new text end of the balance in the clean 26.25water revolving fund in section 446A.07, as determined by the Public Facilities Authority, 26.26may be provided to the commissioner for the establishment of a clean water partnership 26.27loan program. 26.28    (b) The agency may award loans for up to 100 percent of the costs associated with 26.29activities identified by the agency as best management practices pursuant to section 26.30319 and section 320 of the federal Water Quality Act of 1987, as amended, including 26.31associated administrative costs. 26.32    (c) Loans may be used to finance clean water partnership grant project eligible costs 26.33not funded by grant assistance. 27.1    (d) The interest rate, at or below market rate, and the term, not to exceed 20 years, 27.2shall be determined by the agency in consultation with the Public Facilities Authority. 27.3    (e) The repayment must be deposited in the clean water revolving fund under section 27.4446A.07 . 27.5    (f) The local unit of government receiving the loan is responsible for repayment of 27.6the loan. 27.7    (g) For the purpose of obtaining a loan from the agency, a local government unit 27.8may provide to the agency its general obligation note. All obligations incurred by a local 27.9government unit in obtaining a loan from the agency must be in accordance with chapter 27.10475, except that so long as the obligations are issued to evidence a loan from the agency 27.11to the local government unit, an election is not required to authorize the obligations 27.12issued, and the amount of the obligations shall not be included in determining the net 27.13indebtedness of the local government unit under the provisions of any law or chapter 27.14limiting the indebtedness. 27.15    Sec. 57. Minnesota Statutes 2010, section 103F.731, subdivision 2, is amended to read: 27.16    Subd. 2. new text begin Eligibility; new text end documents required. (a) new text begin Local units of government are new text end 27.17 new text begin eligible to apply for assistance. new text end An applicant for assistance shall submit the following 27.18to the agency: 27.19    (1) an application new text begin a project proposal new text end form as prescribed by the agency; new text begin and new text end 27.20    (2) evidence that the applicant has consulted with the new text begin involved new text end local soil and 27.21water conservation districts and watershed districts, where they exist, in preparing the 27.22application; and new text begin . new text end 27.23    (3) new text begin (b) The proposed project must be identified in at least new text end one of the following 27.24documents: 27.25    (i) new text begin (1) new text end the comprehensive water plan authorized under sections 103B.301 to 27.26103B.355 ; 27.27    (ii) new text begin (2) new text end a surface water management plan required under section 103B.231; 27.28    (iii) new text begin (3) new text end an overall plan required under chapter 103D; or 27.29    (iv) new text begin (4) new text end any other local plan that provides an inventory of existing physical and 27.30hydrologic information on the area, a general identification of water quality problems 27.31and goals, and that demonstrates a local commitment to water quality protection or 27.32improvement. new text begin , enhancement, or restoration; new text end 27.33     new text begin (5) an approved total maximum daily load (TMDL) or a TMDL implementation new text end 27.34 new text begin plan; or new text end 27.35     new text begin (6) a watershed protection and restoration strategy implementation plan. new text end 28.1    (b) After July 1, 1991, only projects that are a part of, or are responsive to, a local 28.2water plan under the Comprehensive Local Water Management Act, chapter 103D, or 28.3sections to , will be eligible under paragraph (a), clause (3). 28.4    (c) The document submitted in compliance with paragraph (a), clause (2), must 28.5identify existing and potential nonpoint source water pollution problems and must 28.6recognize the need and demonstrate the applicant's commitment to abate or prevent water 28.7pollution from nonpoint sources in the geographic areas for which the application is 28.8submitted. 28.9    Sec. 58. Minnesota Statutes 2010, section 103F.735, is amended to read: 28.10103F.735 AGENCY REVIEW OF APPLICATIONS new text begin PROPOSALS new text end . 28.11    Subdivision 1. Ranking of applications new text begin proposals new text end . The agency shall rank 28.12applications new text begin proposals new text end for technical and financial assistance in order of priority and shall, 28.13within the limits of available appropriations, grant those applications new text begin proposals new text end having 28.14the highest priority. The agency shall by rule adopt appropriate criteria to determine 28.15the priority of projects. 28.16    Subd. 2. Criteria. (a) The criteria shall give the highest priority to projects that best 28.17demonstrate compliance with the objectives in paragraphs (b) to (e) new text begin (d) new text end . 28.18    (b) The project demonstrates participation, coordination, and cooperation between 28.19local units of government and new text begin , new text end other public agencies, including soil and water conservation 28.20districts or watershed districts, or both those districts new text begin and local stakeholders new text end . 28.21    (c) The degree of water quality improvement or protection new text begin , enhancement, or new text end 28.22 new text begin restoration new text end is maximized relative to the cost of implementing the best management 28.23practices. 28.24    (d) Best management practices provide a feasible means to abate or prevent nonpoint 28.25source water pollution. 28.26    (e) The project goals and objectives are consistent with the state water quality 28.27management plans, the statewide resource assessment conducted under section , 28.28and other applicable state and local resource management programs. 28.29    Sec. 59. Minnesota Statutes 2010, section 103F.741, subdivision 1, is amended to read: 28.30    Subdivision 1. Implementation according to law and contract. A local unit 28.31of government receiving technical or financial assistance new text begin , new text end or both new text begin , new text end from the agency 28.32shall carry out the implementation plan new text begin project new text end approved by the agency according to the 28.33terms of the plan, the provisions of a contract or grant agreement made with the agency 29.1and according to sections 103F.701 to new text begin 103F.755 new text end , the rules of the agency, and 29.2applicable federal requirements. 29.3    Sec. 60. Minnesota Statutes 2010, section 103F.745, is amended to read: 29.4103F.745 RULES. 29.5    (a) The agency shall adopt rules necessary to implement sections 103F.701 to 29.6103F.761 new text begin 103F.755 new text end . The rules shall contain at a minimum: 29.7    (1) procedures to be followed by local units of government in applying for technical 29.8or financial assistance or both; 29.9    (2) conditions for the administration of assistance; 29.10    (3) procedures for the development, evaluation, and implementation of best 29.11management practices new text begin requirements for a project new text end ; 29.12    (4) requirements for a diagnostic study and implementation plan new text begin criteria for the new text end 29.13 new text begin evaluation and approval of a project new text end ; 29.14    (5) criteria for the evaluation and approval of a diagnostic study and implementation 29.15plan; 29.16    (6) criteria for the evaluation of best management practices; 29.17    (7) criteria for the ranking of projects in order of priority for assistance; 29.18    (8) new text begin (6) new text end criteria for defining and evaluating eligible costs and cost-sharing by local 29.19units of government applying for assistance; 29.20     new text begin (7) requirements for providing measurable outcomes; new text end and 29.21    (9) new text begin (8) new text end other matters as the agency and the commissioner find necessary for the proper 29.22administration of sections 103F.701 to new text begin 103F.755 new text end , including any rules determined 29.23by the commissioner to be necessary for the implementation of federal programs to control 29.24nonpoint source water pollution new text begin protect, enhance, or restore water quality new text end . 29.25    (b) For financial assistance by loan under section 103F.725, subdivision 1a, criteria 29.26established by rule for the clean water partnership grants program shall guide requirements 29.27and administrative procedures for the loan program until January 1, 1996, or the effective 29.28date of the administrative rules for the clean water partnership loan program, whichever 29.29occurs first. 29.30    Sec. 61. Minnesota Statutes 2010, section 103F.751, is amended to read: 29.31103F.751 NONPOINT SOURCE POLLUTION CONTROL new text begin MANAGEMENT new text end 29.32PLAN AND PROGRAM EVALUATION. 29.33    To coordinate the programs and activities used to control nonpoint sources of 29.34pollution to achieve the state's water quality goals, the agency shall: 30.1    (1) develop a state plan for the control of nonpoint source water pollution to meet 30.2the requirements of the federal Clean Water Act; new text begin , and, new text end 30.3    (2) work through the Environmental Quality Board to coordinate the activities 30.4and programs of federal, state, and local agencies involved in nonpoint source pollution 30.5control and, as appropriate, develop agreements with federal and state agencies to 30.6accomplish the purposes and objectives of the state nonpoint source pollution control new text begin new text end 30.7 new text begin management new text end plan; and new text begin . new text end 30.8    (3) evaluate the effectiveness of programs in achieving water quality goals 30.9and recommend to the legislature, under section 3.195, subdivision 1, any necessary 30.10amendments to sections to . 30.11    Sec. 62. Minnesota Statutes 2010, section 103G.005, subdivision 10e, is amended to 30.12read: 30.13    Subd. 10e. Local government unit. "Local government unit" means: 30.14    (1) outside of the seven-county metropolitan area, a city council, county board of 30.15commissioners, or a soil and water conservation district or their delegate; 30.16    (2) in the seven-county metropolitan area, a city council, a town board under section 30.17368.01 , a watershed management organization under section 103B.211, or a soil and water 30.18conservation district or their delegate; and 30.19    (3) on state land, the agency with administrative responsibility for the land new text begin ; and new text end 30.20     new text begin (4) for wetland banking projects established solely for replacing wetland impacts new text end 30.21 new text begin under a permit to mine under section 93.481, the commissioner of natural resources new text end . 30.22    Sec. 63. Minnesota Statutes 2010, section 103G.005, is amended by adding a 30.23subdivision to read: 30.24     new text begin Subd. 10f. new text end new text begin Electronic transmission. new text end new text begin "Electronic transmission" means the transfer new text end 30.25 new text begin of data or information through an electronic data interchange system consisting of, but not new text end 30.26 new text begin limited to, computer modems and computer networks. Electronic transmission specifically new text end 30.27 new text begin means electronic mail, unless other means of electronic transmission are mutually agreed new text end 30.28 new text begin to by the sender and recipient. new text end 30.29    Sec. 64. Minnesota Statutes 2010, section 103G.2212, is amended to read: 30.30103G.2212 CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS 30.31OR FILLS WETLANDS. 31.1    Subdivision 1. Conditions for employees and agents to drain or fill wetlands. 31.2    An agent or employee of another may not drain or fill a wetland, wholly or partially, 31.3unless the agent or employee has: 31.4    (1) obtained a signed statement from the property owner stating that the wetland 31.5replacement plan required for the work has been obtained or that a replacement plan 31.6is not required; and 31.7    (2) mailed new text begin or sent by electronic transmission new text end a copy of the statement to the local 31.8government unit with jurisdiction over the wetland. 31.9    Subd. 2. Violation is separate offense. Violation of this section is a separate and 31.10independent offense from other violations of sections 103G.2212 to 103G.237. 31.11    Subd. 3. Form for compliance with this section. The board shall develop a form 31.12to be distributed to contractors' associations, local government units, and soil and water 31.13conservation districts to comply with this section. The form must include: 31.14    (1) a listing of the activities for which a replacement plan is required; 31.15    (2) a description of the penalties for violating sections 103G.2212 to 103G.237; 31.16    (3) the telephone number to call for information on the responsible local government 31.17unit; 31.18    (4) a statement that national wetland inventory maps are on file with the soil and 31.19water conservation district office; and 31.20    (5) spaces for a description of the work and the names, mailing addresses new text begin or other new text end 31.21 new text begin contact information new text end , and telephone numbers of the person authorizing the work and the 31.22agent or employee proposing to undertake it. 31.23    Sec. 65. Minnesota Statutes 2010, section 103G.222, subdivision 1, is amended to read: 31.24    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or 31.25partially, unless replaced by restoring or creating wetland areas of at least equal public 31.26value under a replacement plan approved as provided in section 103G.2242, a replacement 31.27plan under a local governmental unit's comprehensive wetland protection and management 31.28plan approved by the board under section 103G.2243, or, if a permit to mine is required 31.29under section 93.481, under a mining reclamation plan approved by the commissioner 31.30under the permit to mine. new text begin For project-specific wetland replacement completed prior to new text end 31.31 new text begin wetland impacts authorized or conducted under a permit to mine within the Great Lakes new text end 31.32 new text begin and Rainy River watershed basins, those basins shall be considered a single watershed new text end 31.33 new text begin for purposes of determining wetland replacement ratios. new text end Mining reclamation plans shall 31.34apply the same principles and standards for replacing wetlands by restoration or creation 31.35of wetland areas that are applicable to mitigation plans approved as provided in section 32.1103G.2242 . Public value must be determined in accordance with section 103B.3355 or 32.2a comprehensive wetland protection and management plan established under section 32.3103G.2243 . Sections 103G.221 to 103G.2372 also apply to excavation in permanently 32.4and semipermanently flooded areas of types 3, 4, and 5 wetlands. 32.5    (b) Replacement must be guided by the following principles in descending order 32.6of priority: 32.7    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish 32.8the wetland; 32.9    (2) minimizing the impact by limiting the degree or magnitude of the wetland 32.10activity and its implementation; 32.11    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected 32.12wetland environment; 32.13    (4) reducing or eliminating the impact over time by preservation and maintenance 32.14operations during the life of the activity; 32.15    (5) compensating for the impact by restoring a wetland; and 32.16    (6) compensating for the impact by replacing or providing substitute wetland 32.17resources or environments. 32.18    For a project involving the draining or filling of wetlands in an amount not exceeding 32.1910,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, 32.20paragraph (a), the local government unit may make an on-site sequencing determination 32.21without a written alternatives analysis from the applicant. 32.22    (c) If a wetland is located in a cultivated field, then replacement must be 32.23accomplished through restoration only without regard to the priority order in paragraph 32.24(b), provided that a deed restriction is placed on the altered wetland prohibiting 32.25nonagricultural use for at least ten years. 32.26    (d) If a wetland is drained under section 103G.2241, subdivision 2, paragraphs 32.27(b) and (e), the local government unit may require a deed restriction that prohibits 32.28nonagricultural use for at least ten years unless the drained wetland is replaced as provided 32.29under this section. The local government unit may require the deed restriction if it 32.30determines the wetland area drained is at risk of conversion to a nonagricultural use within 32.31ten years based on the zoning classification, proximity to a municipality or full service 32.32road, or other criteria as determined by the local government unit. 32.33    (e) Restoration and replacement of wetlands must be accomplished in accordance 32.34with the ecology of the landscape area affected and ponds that are created primarily to 32.35fulfill storm water management, and water quality treatment requirements may not be 33.1used to satisfy replacement requirements under this chapter unless the design includes 33.2pretreatment of runoff and the pond is functioning as a wetland. 33.3    (f) Except as provided in paragraph (g), for a wetland or public waters wetland 33.4located on nonagricultural land, replacement must be in the ratio of two acres of replaced 33.5wetland for each acre of drained or filled wetland. 33.6    (g) For a wetland or public waters wetland located on agricultural land or in a greater 33.7than 80 percent area, replacement must be in the ratio of one acre of replaced wetland 33.8for each acre of drained or filled wetland. 33.9    (h) Wetlands that are restored or created as a result of an approved replacement plan 33.10are subject to the provisions of this section for any subsequent drainage or filling. 33.11    (i) Except in a greater than 80 percent area, only wetlands that have been restored 33.12from previously drained or filled wetlands, wetlands created by excavation in nonwetlands, 33.13wetlands created by dikes or dams along public or private drainage ditches, or wetlands 33.14created by dikes or dams associated with the restoration of previously drained or filled 33.15wetlands may be used in a statewide banking program established in rules adopted under 33.16section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally 33.17occurring wetlands from one type to another are not eligible for enrollment in a statewide 33.18wetlands bank. 33.19    (j) The Technical Evaluation Panel established under section 103G.2242, subdivision 33.202 , shall ensure that sufficient time has occurred for the wetland to develop wetland 33.21characteristics of soils, vegetation, and hydrology before recommending that the wetland 33.22be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason 33.23to believe that the wetland characteristics may change substantially, the panel shall 33.24postpone its recommendation until the wetland has stabilized. 33.25    (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 33.26apply to the state and its departments and agencies. 33.27    (l) For projects involving draining or filling of wetlands associated with a new public 33.28transportation project, and for projects expanded solely for additional traffic capacity, 33.29public transportation authorities may purchase credits from the board at the cost to the 33.30board to establish credits. Proceeds from the sale of credits provided under this paragraph 33.31are appropriated to the board for the purposes of this paragraph. For the purposes of this 33.32paragraph, "transportation project" does not include an airport project. 33.33    (m) A replacement plan for wetlands is not required for individual projects that 33.34result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, 33.35or replacement of a currently serviceable existing state, city, county, or town public road 33.36necessary, as determined by the public transportation authority, to meet state or federal 34.1design or safety standards or requirements, excluding new roads or roads expanded solely 34.2for additional traffic capacity lanes. This paragraph only applies to authorities for public 34.3transportation projects that: 34.4    (1) minimize the amount of wetland filling or draining associated with the project 34.5and consider mitigating important site-specific wetland functions on site; 34.6    (2) except as provided in clause (3), submit project-specific reports to the board, the 34.7Technical Evaluation Panel, the commissioner of natural resources, and members of the 34.8public requesting a copy at least 30 days prior to construction that indicate the location, 34.9amount, and type of wetlands to be filled or drained by the project or, alternatively, 34.10convene an annual meeting of the parties required to receive notice to review projects to 34.11be commenced during the upcoming year; and 34.12    (3) for minor and emergency maintenance work impacting less than 10,000 square 34.13feet, submit project-specific reports, within 30 days of commencing the activity, to the 34.14board that indicate the location, amount, and type of wetlands that have been filled 34.15or drained. 34.16    Those required to receive notice of public transportation projects may appeal 34.17minimization, delineation, and on-site mitigation decisions made by the public 34.18transportation authority to the board according to the provisions of section 103G.2242, 34.19subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation 34.20decisions made by the public transportation authority and provide recommendations 34.21regarding on-site mitigation if requested to do so by the local government unit, a 34.22contiguous landowner, or a member of the Technical Evaluation Panel. 34.23    Except for state public transportation projects, for which the state Department of 34.24Transportation is responsible, the board must replace the wetlands, and wetland areas of 34.25public waters if authorized by the commissioner or a delegated authority, drained or filled 34.26by public transportation projects on existing roads. 34.27    Public transportation authorities at their discretion may deviate from federal and 34.28state design standards on existing road projects when practical and reasonable to avoid 34.29wetland filling or draining, provided that public safety is not unreasonably compromised. 34.30The local road authority and its officers and employees are exempt from liability for 34.31any tort claim for injury to persons or property arising from travel on the highway and 34.32related to the deviation from the design standards for construction or reconstruction under 34.33this paragraph. This paragraph does not preclude an action for damages arising from 34.34negligence in construction or maintenance on a highway. 34.35    (n) If a landowner seeks approval of a replacement plan after the proposed project 34.36has already affected the wetland, the local government unit may require the landowner to 35.1replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise 35.2required. 35.3    (o) A local government unit may request the board to reclassify a county or 35.4watershed on the basis of its percentage of presettlement wetlands remaining. After 35.5receipt of satisfactory documentation from the local government, the board shall change 35.6the classification of a county or watershed. If requested by the local government unit, 35.7the board must assist in developing the documentation. Within 30 days of its action to 35.8approve a change of wetland classifications, the board shall publish a notice of the change 35.9in the Environmental Quality Board Monitor. 35.10    (p) One hundred citizens who reside within the jurisdiction of the local government 35.11unit may request the local government unit to reclassify a county or watershed on the basis 35.12of its percentage of presettlement wetlands remaining. In support of their petition, the 35.13citizens shall provide satisfactory documentation to the local government unit. The local 35.14government unit shall consider the petition and forward the request to the board under 35.15paragraph (o) or provide a reason why the petition is denied. 35.16    Sec. 66. Minnesota Statutes 2010, section 103G.222, subdivision 3, is amended to read: 35.17    Subd. 3. Wetland replacement siting. (a) Siting wetland replacement new text begin Impacted new text end 35.18 new text begin wetlands in a 50 to 80 percent area must be replaced in a 50 to 80 percent area or in a less new text end 35.19 new text begin than 50 percent area. Impacted wetlands in a less than 50 percent area must be replaced in new text end 35.20 new text begin a less than 50 percent area. All wetland replacement new text end must follow this priority order: 35.21    (1) on site or in the same minor watershed as the affected new text begin impacted new text end wetland; 35.22    (2) in the same watershed as the affected new text begin impacted new text end wetland; 35.23    (3) in the same county new text begin or wetland bank service area new text end as the affected new text begin impacted new text end wetland; 35.24    (4) for replacement by wetland banking, in the same wetland bank service area as 35.25the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in 35.26a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a 35.27less than 50 percent area; 35.28    (5) for project specific replacement, in an adjacent watershed to the affected wetland, 35.29or for replacement by wetland banking, in an adjacent new text begin another new text end wetland bank service 35.30area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to 80 percent 35.31area and impacts in a less than 50 percent area must be replaced in a less than 50 percent 35.32area; and 35.33    (6) new text begin (5) new text end statewide for public transportation projects, except that wetlands affected new text begin new text end 35.34 new text begin impacted new text end in less than 50 percent areas must be replaced in less than 50 percent areas, and 35.35wetlands affected new text begin impacted new text end in the seven-county metropolitan area must be replaced at a 36.1ratio of two to one in: (i) the affected county or, (ii) in another of the seven metropolitan 36.2counties, or (iii) in one of the major watersheds that are wholly or partially within the 36.3seven-county metropolitan area, but at least one to one must be replaced within the 36.4seven-county metropolitan area. 36.5    (b) Notwithstanding paragraph (a), siting wetland replacement in greater than 80 36.6percent areas may follow the priority order under this paragraph: (1) by wetland banking 36.7after evaluating on-site replacement and replacement within the watershed; (2) replaced 36.8in an adjacent wetland bank service area if wetland bank credits are not reasonably 36.9available in the same wetland bank service area as the affected wetland, as determined by 36.10a comprehensive inventory approved by the board; and (3) statewide. 36.11    (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county 36.12metropolitan area must follow the priority order under this paragraph: (1) in the affected 36.13county; (2) in another of the seven metropolitan counties; or (3) in one of the major 36.14watersheds that are wholly or partially within the seven-county metropolitan area, but at 36.15least one to one must be replaced within the seven-county metropolitan area. 36.16    (d) The exception in paragraph (a), clause (6) new text begin (5) new text end , does not apply to replacement 36.17completed using wetland banking credits established by a person who submitted a 36.18complete wetland banking application to a local government unit by April 1, 1996. 36.19    (e) new text begin (c) new text end When reasonable, practicable, and environmentally beneficial replacement 36.20opportunities are not available in siting priorities listed in paragraph (a), the applicant 36.21may seek opportunities at the next level. 36.22    (f) new text begin (d) new text end For the purposes of this section, "reasonable, practicable, and environmentally 36.23beneficial replacement opportunities" are defined as opportunities that: 36.24    (1) take advantage of naturally occurring hydrogeomorphological conditions and 36.25require minimal landscape alteration; 36.26    (2) have a high likelihood of becoming a functional wetland that will continue 36.27in perpetuity; 36.28    (3) do not adversely affect other habitat types or ecological communities that are 36.29important in maintaining the overall biological diversity of the area; and 36.30    (4) are available and capable of being done after taking into consideration cost, 36.31existing technology, and logistics consistent with overall project purposes. 36.32     new text begin (e) Applicants and local government units shall rely on board-approved new text end 36.33 new text begin comprehensive inventories of replacement opportunities and watershed conditions, new text end 36.34 new text begin including the Northeast Minnesota Wetland Mitigation Inventory and Assessment (January new text end 36.35 new text begin 2010), in determining whether reasonable, practicable, and environmentally beneficial new text end 36.36 new text begin replacement opportunities are available. new text end 37.1    (g) new text begin (f) new text end Regulatory agencies, local government units, and other entities involved in 37.2wetland restoration shall collaborate to identify potential replacement opportunities within 37.3their jurisdictional areas. 37.4    Sec. 67. Minnesota Statutes 2010, section 103G.2242, subdivision 2a, is amended to 37.5read: 37.6    Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply 37.7for a wetland boundary or type determination from the local government unit. The 37.8landowner applying for the determination is responsible for submitting proof necessary 37.9to make the determination, including, but not limited to, wetland delineation field data, 37.10observation well data, topographic mapping, survey mapping, and information regarding 37.11soils, vegetation, hydrology, and groundwater both within and outside of the proposed 37.12wetland boundary. 37.13    (b) A local government unit that receives an application under paragraph (a) may 37.14seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, 37.15if necessary, expand the Technical Evaluation Panel. The local government unit may 37.16delegate the decision authority for wetland boundary or type determinations to designated 37.17staff, or establish other procedures it considers appropriate. 37.18    (c) The local government unit decision must be made in compliance with section 37.1915.99 . Within ten calendar days of the decision, the local government unit decision must 37.20be mailed new text begin or sent by electronic transmission new text end to the landowner, members of the Technical 37.21Evaluation Panel, the watershed district or watershed management organization, if one 37.22exists, and individual members of the public who request a copy. 37.23    (d) Appeals of decisions made by designated local government staff must be made 37.24to the local government unit. Notwithstanding any law to the contrary, a ruling on an 37.25appeal must be made by the local government unit within 30 days from the date of the 37.26filing of the appeal. 37.27    (e) The local government unit decision is valid for three new text begin five new text end years unless the 37.28Technical Evaluation Panel determines that natural or artificial changes to the hydrology, 37.29vegetation, or soils of the area have been sufficient to alter the wetland boundary or type. 37.30    Sec. 68. Minnesota Statutes 2010, section 103G.2242, subdivision 6, is amended to 37.31read: 37.32    Subd. 6. Notice of application. (a) Except as provided in paragraph (b), within ten 37.33days of receiving an Application for approval of a replacement plan under this section, new text begin new text end 37.34 new text begin must be reviewed by the local government according to section 15.99, subdivision 3, new text end 38.1 new text begin paragraph (a). new text end Copies of the complete application must be mailed new text begin or sent by electronic new text end 38.2 new text begin transmission new text end to the members of the Technical Evaluation Panel, the managers of the 38.3watershed district if one exists, and the commissioner of natural resources. Individual 38.4members of the public who request a copy shall be provided information to identify the 38.5applicant and the location and scope of the project. 38.6    (b) Within ten days of receiving an application for approval of a replacement plan 38.7under this section for an activity affecting less than 10,000 square feet of wetland, a 38.8summary of the application must be mailed to the members of the Technical Evaluation 38.9Panel, individual members of the public who request a copy, and the commissioner 38.10of natural resources. 38.11    (c) For the purpose of this subdivision, "application" includes a revised application 38.12for replacement plan approval and an application for a revision to an approved replacement 38.13plan if: 38.14    (1) the wetland area to be drained or filled under the revised replacement plan is at 38.15least ten percent larger than the area to be drained or filled under the original replacement 38.16plan; or 38.17    (2) the wetland area to be drained or filled under the revised replacement is located 38.18more than 500 feet from the area to be drained or filled under the original replacement plan. 38.19    Sec. 69. Minnesota Statutes 2010, section 103G.2242, subdivision 7, is amended to 38.20read: 38.21    Subd. 7. Notice of decision. Within ten days of the approval or denial of a 38.22replacement plan under this section, a summary of the approval or denial new text begin notice of the new text end 38.23 new text begin decision new text end must be mailed new text begin or sent by electronic transmission new text end to members of the Technical 38.24Evaluation Panel, the applicant, individual members of the public who request a copy, 38.25the managers of the watershed district, if one exists, and the commissioner of natural 38.26resources. 38.27    Sec. 70. Minnesota Statutes 2010, section 103G.2242, subdivision 9, is amended to 38.28read: 38.29    Subd. 9. Appeal new text begin Appeals to the board new text end . (a) Appeal of a replacement plan, new text begin new text end 38.30 new text begin sequencing, new text end exemption, wetland banking, wetland boundary or type determination, new text begin or new text end 38.31no-loss decision, or restoration order may be obtained by mailing a petition and payment 38.32of a filing fee, which shall be retained by the board to defray administrative costs, to 38.33the board within 30 days after the postmarked date of the mailing new text begin or date of sending by new text end 38.34 new text begin electronic transmission new text end specified in subdivision 7. If appeal is not sought within 30 days, 39.1the decision becomes final. If the petition for hearing is accepted, the amount posted must 39.2be returned to the petitioner. Appeal may be made by: 39.3    (1) the wetland owner; 39.4    (2) any of those to whom notice is required to be mailed new text begin or sent by electronic new text end 39.5 new text begin transmission new text end under subdivision 7; or 39.6    (3) 100 residents of the county in which a majority of the wetland is located. 39.7    (b) Within 30 days after receiving a petition, the board shall decide whether to 39.8grant the petition and hear the appeal. The board shall grant the petition unless the board 39.9finds that: 39.10    (1) the appeal is meritless new text begin without significant merit new text end , trivial, or brought solely for the 39.11purposes of delay; 39.12    (2) the petitioner has not exhausted all local administrative remedies; 39.13    (3) expanded technical review is needed; 39.14    (4) the local government unit's record is not adequate; or 39.15    (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required 39.16by the local government unit. 39.17    (c) In determining whether to grant the appeal, the board new text begin , executive director, or new text end 39.18 new text begin dispute resolution committee new text end shall also consider the size of the wetland, other factors in 39.19controversy, any patterns of similar acts by the local government unit or petitioner, and 39.20the consequences of the delay resulting from the appeal. 39.21    (d) All appeals new text begin If an appeal is granted, the appeal new text end must be heard by the committee 39.22for dispute resolution of the board, and a decision new text begin must be new text end made new text begin by the board new text end within 60 39.23days of filing the local government unit's record and the written briefs submitted for 39.24the appeal new text begin and the hearing new text end . The decision must be served by mail on new text begin or by electronic new text end 39.25 new text begin transmission to new text end the parties to the appeal, and is not subject to the provisions of chapter 39.2614. A decision whether to grant a petition for appeal and a decision on the merits of an 39.27appeal must be considered the decision of an agency in a contested case for purposes of 39.28judicial review under sections 14.63 to 14.69. 39.29    (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to 39.30defray the administrative costs of appeals made to the board under this subdivision. Fees 39.31established under this authority shall not exceed $1,000. Establishment of the fee is not 39.32subject to the rulemaking process of chapter 14 and section 14.386 does not apply. 39.33    Sec. 71. Minnesota Statutes 2010, section 103G.2242, is amended by adding a 39.34subdivision to read: 40.1     new text begin Subd. 9a. new text end new text begin Appeals of restoration or replacement orders. new text end new text begin A landowner or other new text end 40.2 new text begin responsible party may appeal the terms and conditions of a restoration or replacement new text end 40.3 new text begin order within 30 days of receipt of written notice of the order. The time frame for the appeal new text end 40.4 new text begin may be extended beyond 30 days by mutual agreement, in writing, between the landowner new text end 40.5 new text begin or responsible party, the local government unit, and the enforcement authority. If the new text end 40.6 new text begin written request is not submitted within 30 days, the order is final. The board's executive new text end 40.7 new text begin director must review the request and supporting evidence and render a decision within 60 new text end 40.8 new text begin days of receipt of a petition. A decision on an appeal must be considered the decision of an new text end 40.9 new text begin agency in a contested case for purposes of judicial review under sections 14.63 to 14.69. new text end 40.10    Sec. 72. Minnesota Statutes 2010, section 103G.2242, subdivision 14, is amended to 40.11read: 40.12    Subd. 14. Fees established. new text begin (a) new text end Fees must be assessed for managing wetland bank 40.13accounts and transactions as follows: 40.14    (1) account maintenance annual fee: one percent of the value of credits not to 40.15exceed $500; 40.16    (2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not 40.17to exceed $1,000 per establishment, deposit, or transfer; and 40.18    (3) withdrawal fee: 6.5 percent of the value of credits withdrawn. 40.19     new text begin (b) The board may establish fees at or below the amounts in paragraph (a) for new text end 40.20 new text begin single-user or other dedicated wetland banking accounts. new text end 40.21     new text begin (c) Fees for single-user or other dedicated wetland banking accounts established new text end 40.22 new text begin pursuant to section 103G.005, subdivision 10e, clause (4), are limited to establishment new text end 40.23 new text begin of a wetland banking account and are assessed at the rate of 6.5 percent of the value of new text end 40.24 new text begin the credits not to exceed $1,000. new text end 40.25    Sec. 73. Minnesota Statutes 2010, section 103G.2251, is amended to read: 40.26103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK 40.27CREDIT. 40.28    In greater than 80 percent areas, preservation of wetlands owned by the state or a 40.29local unit of government, protected by a permanent conservation easement as defined 40.30under section 84C.01 and held by the board, may be eligible for wetland replacement 40.31or mitigation credits, according to rules adopted by the board. To be eligible for credit 40.32under this section, a conservation easement must be established after May 24, 2008, 40.33and approved by the board. new text begin Wetland areas on private lands preserved under this section new text end 41.1 new text begin are not eligible for replacement or mitigation credit if the area has been protected using new text end 41.2 new text begin public conservation funds. new text end 41.3    Sec. 74. new text begin [103G.2373] ELECTRONIC TRANSMISSION. new text end 41.4     new text begin For purposes of sections 103G.2212 to 103G.2372, notices and other documents new text end 41.5 new text begin may be sent by electronic transmission unless the recipient has provided a mailing address new text end 41.6 new text begin and specified that mailing is preferred. new text end 41.7    Sec. 75. Minnesota Statutes 2010, section 103G.311, subdivision 5, is amended to read: 41.8    Subd. 5. Demand for hearing. (a) If a hearing is waived and an order is made 41.9issuing or denying the permit, the applicant, the managers of the watershed district, the 41.10board of supervisors of the soil and water conservation district, or the mayor new text begin council or new text end 41.11 new text begin board new text end of the municipality may file a demand for hearing on the application. The demand 41.12for a hearing must be filed within 30 days after mailed notice of the order with the bond 41.13required by subdivision 6. 41.14    (b) The commissioner must give notice as provided in subdivision 2, hold a hearing 41.15on the application, and make a determination on issuing or denying the permit as though 41.16the previous order had not been made. 41.17    (c) The order issuing or denying the permit becomes final at the end of 30 days after 41.18mailed notice of the order to the applicant, the managers of the watershed district, the 41.19board of supervisors of the soil and water conservation district, or the mayor new text begin council or new text end 41.20 new text begin board new text end of the municipality, and an appeal of the order may not be taken if: 41.21    (1) the commissioner waives a hearing and a demand for a hearing is not made; or 41.22    (2) a hearing is demanded but a bond is not filed as required by subdivision 6. 41.23    Sec. 76. Minnesota Statutes 2010, section 103G.615, subdivision 1, is amended to read: 41.24    Subdivision 1. Authorization new text begin Issuance; validity new text end . (a) The commissioner may issue 41.25permits, with or without a fee, to: 41.26    (1) gather or harvest aquatic plants, or plant parts, other than wild rice from public 41.27waters; 41.28    (2) transplant aquatic plants into public waters; 41.29    (3) destroy harmful or undesirable aquatic vegetation or organisms in public waters 41.30under prescribed conditions to protect the waters, desirable species of fish, vegetation, 41.31other forms of aquatic life, and the public. 41.32    (b) Application for a permit must be accompanied by a permit fee, if required. 42.1     new text begin (c) An aquatic plant management permit is valid for one growing season and expires new text end 42.2 new text begin on December 31 of the year it is issued unless the commissioner stipulates a different new text end 42.3 new text begin expiration date in rule or in the permit. new text end 42.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 42.5    Sec. 77. Minnesota Statutes 2010, section 103G.615, is amended by adding a 42.6subdivision to read: 42.7     new text begin Subd. 3a. new text end new text begin Invasive aquatic plant management permit. new text end new text begin (a) "Invasive aquatic plant new text end 42.8 new text begin management permit" means an aquatic plant management permit as defined in Minnesota new text end 42.9 new text begin Rules, part new text end new text begin 6280.0100 new text end new text begin , subpart 2b, that authorizes the selective control of invasive aquatic new text end 42.10 new text begin plants at a scale to cause a significant lakewide or baywide reduction in the abundance of new text end 42.11 new text begin the invasive aquatic plant. new text end 42.12     new text begin (b) The commissioner may waive the dated signature of approval requirement in new text end 42.13 new text begin Minnesota Rules, part new text end new text begin 6280.0450 new text end new text begin , subpart 1a, for invasive aquatic plant management new text end 42.14 new text begin permits if obtaining signatures would create an undue burden on the permittee or if new text end 42.15 new text begin the commissioner determines that aquatic plant control is necessary to protect natural new text end 42.16 new text begin resources. new text end 42.17     new text begin (c) If the signature requirement is waived under paragraph (b) because obtaining new text end 42.18 new text begin signatures would create an undue burden on the permittee, the commissioner shall require new text end 42.19 new text begin an alternate form of landowner notification, including news releases or public notices in new text end 42.20 new text begin a local newspaper, a public meeting, or a mailing to the most recent permanent address new text end 42.21 new text begin of affected landowners. The notification must be given annually and must include: the new text end 42.22 new text begin proposed date of treatment, the target species, the method of control or product being new text end 42.23 new text begin used, and instructions on how the landowner may request that control not occur adjacent new text end 42.24 new text begin to the landowner's property. new text end 42.25     new text begin (d) For an invasive aquatic plant management permit, the commissioner may allow new text end 42.26 new text begin dated signatures of approval obtained to satisfy Minnesota Rules, part 6280.0450, subpart new text end 42.27 new text begin 1a, to remain valid for three years if property ownership remains unchanged. new text end 42.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 42.29    Sec. 78. Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision 42.30to read: 42.31     new text begin Subd. 11. new text end new text begin Aquatic application of pesticides. new text end new text begin (a) The agency may issue under new text end 42.32 new text begin requirement of the federal government national pollutant discharge elimination system new text end 42.33 new text begin permits for pesticide applications for the following designated use patterns: new text end 43.1     new text begin (1) mosquitoes and other flying insect pests; new text end 43.2     new text begin (2) forest canopy pests; new text end 43.3     new text begin (3) aquatic nuisance animals; and new text end 43.4     new text begin (4) vegetative pests and algae. new text end 43.5 new text begin If the federal government no longer requires a permit for a designated use pattern, new text end 43.6 new text begin the agency must immediately terminate the permit. The agency shall not require permits new text end 43.7 new text begin for aquatic pesticide applications other than those designated use patterns required by new text end 43.8 new text begin the federal government. new text end 43.9 new text begin (b) The agency shall not regulate or require permits for the terrestrial application of new text end 43.10 new text begin pesticides or any other pesticide related permit except as provided in paragraph (a). new text end 43.11    Sec. 79. Minnesota Statutes 2010, section 115.55, subdivision 2, is amended to read: 43.12    Subd. 2. Local ordinances. (a) All counties must adopt ordinances that comply 43.13with revisions to the subsurface sewage treatment system rules within two years of the 43.14final adoption by the agency new text begin unless all towns and cities in the county have adopted such new text end 43.15 new text begin ordinances new text end . County ordinances must apply to all areas of the county other than cities or 43.16towns that have adopted ordinances that comply with this section and are as strict as 43.17the applicable county ordinances. 43.18    (b) A copy of each ordinance adopted under this subdivision must be submitted to 43.19the commissioner upon adoption. 43.20    (c) A local unit of government must make available to the public upon request a 43.21written list of any differences between its ordinances and rules adopted under this section. 43.22    Sec. 80. Minnesota Statutes 2010, section 115A.03, subdivision 25a, is amended to 43.23read: 43.24    Subd. 25a. Recyclable materials. "Recyclable materials" means materials that are 43.25separated from mixed municipal solid waste for the purpose of recycling new text begin or composting new text end , 43.26including paper, glass, plastics, metals, automobile oil, and batteries new text begin , and source-separated new text end 43.27 new text begin compostable materials new text end . Refuse-derived fuel or other material that is destroyed by 43.28incineration is not a recyclable material. 43.29    Sec. 81. Minnesota Statutes 2010, section 115A.95, is amended to read: 43.30115A.95 RECYCLABLE MATERIALS. 43.31     new text begin (a) Recyclable materials must be delivered to the appropriate materials processing new text end 43.32 new text begin facility as outlined in Minnesota Rules, parts 7035.2836 and 7035.2845, or any other new text end 43.33 new text begin facility permitted to recycle or compost the materials. new text end 44.1     new text begin (b) new text end A disposal facility or a resource recovery facility that is composting new text begin mixed new text end 44.2 new text begin municipal solid new text end waste, burning waste, or converting waste to energy or to materials for 44.3combustion may not accept source-separated recyclable materials, and a solid waste 44.4collector or transporter may not deliver source-separated recyclable materials to such a 44.5facility, except for recycling or transfer to a recycler, unless the commissioner determines 44.6that no other person is willing to accept the recyclable materials. 44.7    Sec. 82. Minnesota Statutes 2010, section 115B.412, subdivision 8, is amended to read: 44.8    Subd. 8. Transfer of title new text begin ; disposal of property new text end . The owner of a qualified facility 44.9may, as part of the owner's activities under section 115B.40, subdivision 4 or 5, offer to 44.10transfer title to all new text begin or any portion of new text end the property described in the facility's most recent 44.11permit, including any property adjacent to that property the owner wishes to transfer, to 44.12the commissioner. The commissioner may accept the transfer of title if the commissioner 44.13determines that to do so is in the best interest of the state. new text begin If, after transfer of title to the new text end 44.14 new text begin property, the commissioner determines that no further response actions are required on the new text end 44.15 new text begin portion of the property being disposed of under sections 115B.39 to 115B.445 and it is in new text end 44.16 new text begin the best interest of the state to dispose of property acquired under this subdivision, the new text end 44.17 new text begin commissioner may do so under section 115B.17, subdivision 16. The property disposed of new text end 44.18 new text begin under this subdivision is no longer part of the qualified facility. new text end 44.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 44.20    Sec. 83. Minnesota Statutes 2010, section 115B.412, is amended by adding a 44.21subdivision to read: 44.22     new text begin Subd. 8a. new text end new text begin Boundary modification. new text end new text begin The commissioner may modify the boundaries new text end 44.23 new text begin of a qualified facility to exclude certain property if the commissioner determines that no new text end 44.24 new text begin further response actions are required to be conducted under sections 115B.39 to 115B.445 new text end 44.25 new text begin on the excluded property and the excluded property is not affected by disposal activities new text end 44.26 new text begin on the remaining portions of the qualified facility. Any property excluded under this new text end 44.27 new text begin subdivision is no longer part of the qualified facility. new text end 44.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 44.29    Sec. 84. Minnesota Statutes 2010, section 115B.412, is amended by adding a 44.30subdivision to read: 44.31     new text begin Subd. 8b. new text end new text begin Delisting. new text end new text begin If all solid waste from a qualified facility has been relocated new text end 44.32 new text begin outside the qualified facility's boundaries and the commissioner has determined that no new text end 45.1 new text begin further response actions are required on the property under sections 115B.39 to 115B.445, new text end 45.2 new text begin the commissioner may delist the facility by removing it from the priority list established new text end 45.3 new text begin under section 115B.40, subdivision 2, after which the property shall no longer be a new text end 45.4 new text begin qualified facility. The commissioner has no further responsibilities under sections 115B.39 new text end 45.5 new text begin to 115B.445 for a facility delisted under this subdivision. new text end 45.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 45.7    Sec. 85. new text begin [116C.261] ENVIRONMENTAL PERMIT PLAN TIMELINE new text end 45.8 new text begin REQUIREMENT. new text end 45.9 new text begin If environmental review under chapter 116D will be conducted for a project and a new text end 45.10 new text begin state agency is the responsible government unit that state agency shall prepare: new text end 45.11 new text begin (1) a plan that will coordinate administrative decision-making practices, including new text end 45.12 new text begin monitoring, analysis and reporting, and public comments and hearings; and new text end 45.13 new text begin (2) a timeline for the issuance of all federal, state, and local permits required for new text end 45.14 new text begin the project. new text end 45.15 new text begin The plan and timeline shall be delivered to the project proposer by the time the new text end 45.16 new text begin environmental assessment worksheet or draft environmental impact statement is published new text end 45.17 new text begin in the EQB Monitor. new text end 45.18    Sec. 86. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by 45.19Laws 2011, chapter 4, section 6, is amended to read: 45.20    Subd. 2a. When prepared. Where there is potential for significant environmental 45.21effects resulting from any major governmental action, the action shall be preceded by a 45.22detailed environmental impact statement prepared by the responsible governmental unit. 45.23The environmental impact statement shall be an analytical rather than an encyclopedic 45.24document which describes the proposed action in detail, analyzes its significant 45.25environmental impacts, discusses appropriate alternatives to the proposed action and 45.26their impacts, and explores methods by which adverse environmental impacts of an 45.27action could be mitigated. The environmental impact statement shall also analyze those 45.28economic, employment and sociological effects that cannot be avoided should the action 45.29be implemented. To ensure its use in the decision-making process, the environmental 45.30impact statement shall be prepared as early as practical in the formulation of an action. 45.31No mandatory environmental impact statement may be required for an ethanol plant, 45.32as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than 45.33125,000,000 gallons of ethanol annually and is located outside of the seven-county 45.34metropolitan area. 46.1    (a) The board shall by rule establish categories of actions for which environmental 46.2impact statements and for which environmental assessment worksheets shall be prepared 46.3as well as categories of actions for which no environmental review is required under this 46.4section. new text begin A mandatory environmental assessment worksheet shall not be required for the new text end 46.5 new text begin expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph new text end 46.6 new text begin (b), or the conversion of an ethanol plant to a biobutanol facility as defined in section new text end 46.7 new text begin 41A.105, subdivision 1a, based on the capacity of the expanded or converted facility to new text end 46.8 new text begin produce alcohol fuel, but must be required if the ethanol plant meets or exceeds thresholds new text end 46.9 new text begin of other categories of actions for which environmental assessment worksheets must be new text end 46.10 new text begin prepared. The responsible governmental unit for an ethanol plant project for which an new text end 46.11 new text begin environmental assessment worksheet is prepared shall be the state agency with the greatest new text end 46.12 new text begin responsibility for supervising or approving the project as a whole. new text end 46.13    (b) The responsible governmental unit shall promptly publish notice of the 46.14completion of an environmental assessment worksheet in a manner to be determined by 46.15the board and shall provide copies of the environmental assessment worksheet to the board 46.16and its member agencies. Comments on the need for an environmental impact statement 46.17may be submitted to the responsible governmental unit during a 30-day period following 46.18publication of the notice that an environmental assessment worksheet has been completed. 46.19The responsible governmental unit's decision on the need for an environmental impact 46.20statement shall be based on the environmental assessment worksheet and the comments 46.21received during the comment period, and shall be made within 15 days after the close of 46.22the comment period. The board's chair may extend the 15-day period by not more than 15 46.23additional days upon the request of the responsible governmental unit. 46.24    (c) An environmental assessment worksheet shall also be prepared for a proposed 46.25action whenever material evidence accompanying a petition by not less than 25 new text begin 100 new text end 46.26individuals new text begin who reside or own property in the state new text end , submitted before the proposed 46.27project has received final approval by the appropriate governmental units, demonstrates 46.28that, because of the nature or location of a proposed action, there may be potential for 46.29significant environmental effects. Petitions requesting the preparation of an environmental 46.30assessment worksheet shall be submitted to the board. The chair of the board shall 46.31determine the appropriate responsible governmental unit and forward the petition to it. 46.32A decision on the need for an environmental assessment worksheet shall be made by 46.33the responsible governmental unit within 15 days after the petition is received by the 46.34responsible governmental unit. The board's chair may extend the 15-day period by not 46.35more than 15 additional days upon request of the responsible governmental unit. 47.1    (d) Except in an environmentally sensitive location where Minnesota Rules, part 47.24410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 47.3review under this chapter and rules of the board, if: 47.4    (1) the proposed action is: 47.5    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or 47.6    (ii) an expansion of an existing animal feedlot facility with a total cumulative 47.7capacity of less than 1,000 animal units; 47.8    (2) the application for the animal feedlot facility includes a written commitment by 47.9the proposer to design, construct, and operate the facility in full compliance with Pollution 47.10Control Agency feedlot rules; and 47.11    (3) the county board holds a public meeting for citizen input at least ten business 47.12days prior to the Pollution Control Agency or county issuing a feedlot permit for the 47.13animal feedlot facility unless another public meeting for citizen input has been held with 47.14regard to the feedlot facility to be permitted. The exemption in this paragraph is in 47.15addition to other exemptions provided under other law and rules of the board. 47.16    (e) The board may, prior to final approval of a proposed project, require preparation 47.17of an environmental assessment worksheet by a responsible governmental unit selected 47.18by the board for any action where environmental review under this section has not been 47.19specifically provided for by rule or otherwise initiated. 47.20    (f) An early and open process shall be utilized to limit the scope of the environmental 47.21impact statement to a discussion of those impacts, which, because of the nature or location 47.22of the project, have the potential for significant environmental effects. The same process 47.23shall be utilized to determine the form, content and level of detail of the statement as well 47.24as the alternatives which are appropriate for consideration in the statement. In addition, 47.25the permits which will be required for the proposed action shall be identified during the 47.26scoping process. Further, the process shall identify those permits for which information 47.27will be developed concurrently with the environmental impact statement. The board 47.28shall provide in its rules for the expeditious completion of the scoping process. The 47.29determinations reached in the process shall be incorporated into the order requiring the 47.30preparation of an environmental impact statement. 47.31    (g) The responsible governmental unit shall, to the extent practicable, avoid 47.32duplication and ensure coordination between state and federal environmental review 47.33and between environmental review and environmental permitting. Whenever practical, 47.34information needed by a governmental unit for making final decisions on permits or 47.35other actions required for a proposed project shall be developed in conjunction with the 47.36preparation of an environmental impact statement. 48.1    (h) An environmental impact statement shall be prepared and its adequacy 48.2determined within 280 days after notice of its preparation unless the time is extended by 48.3consent of the parties or by the governor for good cause. The responsible governmental 48.4unit shall determine the adequacy of an environmental impact statement, unless within 60 48.5days after notice is published that an environmental impact statement will be prepared, 48.6the board chooses to determine the adequacy of an environmental impact statement. If an 48.7environmental impact statement is found to be inadequate, the responsible governmental 48.8unit shall have 60 days to prepare an adequate environmental impact statement. 48.9    (i) The proposer of a specific action may include in the information submitted to the 48.10responsible governmental unit a preliminary draft environmental impact statement under 48.11this section on that action for review, modification, and determination of completeness and 48.12adequacy by the responsible governmental unit. A preliminary draft environmental impact 48.13statement prepared by the project proposer and submitted to the responsible governmental 48.14unit shall identify or include as an appendix all studies and other sources of information 48.15used to substantiate the analysis contained in the preliminary draft environmental impact 48.16statement. The responsible governmental unit shall require additional studies, if needed, 48.17and obtain from the project proposer all additional studies and information necessary for 48.18the responsible governmental unit to perform its responsibility to review, modify, and 48.19determine the completeness and adequacy of the environmental impact statement. 48.20    Sec. 87. Minnesota Statutes 2010, section 168.002, subdivision 18, is amended to read: 48.21    Subd. 18. Motor vehicle. (a) "Motor vehicle" means any self-propelled vehicle 48.22designed and originally manufactured to operate primarily on highways, and not operated 48.23exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a 48.24self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled 48.25by electric power obtained from overhead trolley wires but not operated upon rails. It does 48.26not include snowmobiles, manufactured homes, or park trailers. 48.27    (b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle 48.28(1) has at least four wheels, (2) is owned and operated by a physically disabled person, 48.29and (3) displays both disability plates and a physically disabled certificate issued under 48.30section 169.345. 48.31    (c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain 48.32vehicle described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle 48.33before August 1, 1985. The owner may continue to license an all-terrain vehicle described 48.34in clause (2) as a motor vehicle until it is conveyed or otherwise transferred to another 49.1owner, is destroyed, or fails to comply with the registration and licensing requirements 49.2of this chapter. 49.3    (d) "Motor vehicle" does not include an electric personal assistive mobility device as 49.4defined in section 169.011, subdivision 26. 49.5    (e) "Motor vehicle" does not include a motorized foot scooter as defined in section 49.6169.011, subdivision 46 . 49.7     new text begin (f) "Motor vehicle" includes an off-highway motorcycle modified to meet the new text end 49.8 new text begin requirements of chapter 169 according to section 84.788, subdivision 12. new text end 49.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2012. new text end 49.10    Sec. 88. Minnesota Statutes 2010, section 169.045, subdivision 1, is amended to read: 49.11    Subdivision 1. Designation of roadway, permit. The governing body of any county, 49.12home rule charter or statutory city, or town may by ordinance authorize the operation of 49.13motorized golf carts, four-wheel all-terrain vehicles, new text begin utility task vehicles, new text end or mini trucks, 49.14on designated roadways or portions thereof under its jurisdiction. Authorization to operate 49.15a motorized golf cart, four-wheel all-terrain vehicle, new text begin utility task vehicle, new text end or mini truck is 49.16by permit only. For purposes of this section, a four-wheel new text begin : new text end 49.17 new text begin (1) an new text end all-terrain vehicle is a motorized flotation-tired vehicle with four low-pressure 49.18tires that is limited in engine displacement of less than 800 cubic centimeters and total dry 49.19weight less than 600 pounds, and new text begin has the meaning given in section 84.92; new text end 49.20 new text begin (2) new text end a mini truck has the meaning given in section 169.011, subdivision 40a. new text begin ; and new text end 49.21 new text begin (3) a utility task vehicle means a side-by-side four-wheel drive off-road vehicle that new text end 49.22 new text begin has four wheels, is propelled by an internal combustion engine with a piston displacement new text end 49.23 new text begin capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less new text end 49.24 new text begin than 2,600 pounds. new text end 49.25    Sec. 89. Minnesota Statutes 2010, section 169.045, subdivision 2, is amended to read: 49.26    Subd. 2. Ordinance. The ordinance shall designate the roadways, prescribe the 49.27form of the application for the permit, require evidence of insurance complying with the 49.28provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent 49.29with the provisions of this section, under which a permit may be granted. Permits may be 49.30granted for a period of not to exceed one year new text begin three years new text end , and may be annually renewed. 49.31A permit may be revoked at any time if there is evidence that the permittee cannot safely 49.32operate the motorized golf cart, four-wheel all-terrain vehicle, new text begin utility task vehicle, new text end or mini 49.33truck on the designated roadways. The ordinance may require, as a condition to obtaining 49.34a permit, that the applicant submit a certificate signed by a physician that the applicant 50.1is able to safely operate a motorized golf cart, four-wheel all-terrain vehicle, new text begin utility task new text end 50.2 new text begin vehicle, new text end or mini truck on the roadways designated. 50.3    Sec. 90. Minnesota Statutes 2010, section 169.045, subdivision 3, is amended to read: 50.4    Subd. 3. Times of operation. Motorized golf carts and four-wheel new text begin , new text end all-terrain 50.5vehicles new text begin , and utility task vehicles new text end may only be operated on designated roadways from 50.6sunrise to sunset new text begin , unless equipped with original equipment headlights, taillights, and new text end 50.7 new text begin rear-facing brake lights new text end . They shall not be operated in inclement weather new text begin , except during new text end 50.8 new text begin emergency conditions as provided in the ordinance, new text end or when visibility is impaired by 50.9weather, smoke, fog or other conditions, or at any time when there is insufficient light new text begin new text end 50.10 new text begin visibility new text end to clearly see persons and vehicles on the roadway at a distance of 500 feet. 50.11    Sec. 91. Minnesota Statutes 2010, section 169.045, subdivision 5, is amended to read: 50.12    Subd. 5. Crossing intersecting highways. The operator, under permit, of a 50.13motorized golf cart, four-wheel all-terrain vehicle, new text begin utility task vehicle, new text end or mini truck may 50.14cross any street or highway intersecting a designated roadway. 50.15    Sec. 92. Minnesota Statutes 2010, section 169.045, subdivision 6, is amended to read: 50.16    Subd. 6. Application of traffic laws. Every person operating a motorized golf cart, 50.17four-wheel all-terrain vehicle, new text begin utility task vehicle, new text end or mini truck under permit on designated 50.18roadways has all the rights and duties applicable to the driver of any other vehicle under 50.19the provisions of this chapter, except when those provisions cannot reasonably be applied 50.20to motorized golf carts, four-wheel all-terrain vehicles, new text begin utility task vehicles, new text end or mini trucks 50.21and except as otherwise specifically provided in subdivision 7. 50.22    Sec. 93. Minnesota Statutes 2010, section 169.045, subdivision 7, is amended to read: 50.23    Subd. 7. Nonapplication of certain laws. The provisions of chapter 171 are 50.24applicable to persons operating mini trucks, but are not applicable to persons operating 50.25motorized golf carts new text begin , utility task vehicles, new text end or four-wheel all-terrain vehicles under permit 50.26on designated roadways pursuant to this section. Except for the requirements of section 50.27169.70 , the provisions of this chapter relating to equipment on vehicles are not applicable 50.28to motorized golf carts new text begin , utility task vehicles, new text end or four-wheel all-terrain vehicles operating, 50.29under permit, on designated roadways. 50.30    Sec. 94. Minnesota Statutes 2010, section 169.045, subdivision 8, is amended to read: 51.1    Subd. 8. Insurance. In the event persons operating a motorized golf cart, four-wheel 51.2 new text begin utility task vehicle, new text end all-terrain vehicle, or mini truck under this section cannot obtain 51.3liability insurance in the private market, that person may purchase automobile insurance, 51.4including no-fault coverage, from the Minnesota Automobile Insurance Plan under 51.5sections 65B.01 to 65B.12, at a rate to be determined by the commissioner of commerce. 51.6    Sec. 95. Minnesota Statutes 2010, section 239.791, is amended by adding a subdivision 51.7to read: 51.8     new text begin Subd. 16. new text end new text begin Exemption for recreational vehicle manufacturer. new text end new text begin A person new text end 51.9 new text begin responsible for the product may offer for sale, sell, or dispense gasoline that is not new text end 51.10 new text begin oxygenated according to subdivision 1 if the gasoline is intended to be used exclusively new text end 51.11 new text begin for research and development by a manufacturer of snowmobiles, all-terrain vehicles, new text end 51.12 new text begin motorcycles, or recreational vehicles. new text end 51.13    Sec. 96. Minnesota Statutes 2010, section 398.33, subdivision 2, is amended to read: 51.14    Subd. 2. Fees. For the purposes of sections 398.31 to 398.36, the county board of 51.15any county may prescribe and provide for the collection of fees for the use of any county 51.16park or other unit of the county park system or any facilities, accommodations, or services 51.17provided for public use therein, such fees not to exceed that prescribed in state parks. 51.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 51.19    Sec. 97. Laws 2010, chapter 361, article 4, section 73, is amended to read: 51.20    Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE 51.21ADOPTION DELAY. 51.22    (a) Notwithstanding Minnesota Statutes, section 115.55, subdivision 2, a county may 51.23adopt an ordinance new text begin : new text end by February 4, 2012, to comply with the February 4, 2008, revisions 51.24to subsurface sewage treatment system rules new text begin for subsurface sewage treatment systems with new text end 51.25 new text begin an average daily sewage flow of more than 2,500 gallons per day; and by February 4, 2014, new text end 51.26 new text begin to comply with the February 4, 2008, revisions to subsurface sewage treatment system new text end 51.27 new text begin rules for subsurface sewage treatment systems with an average daily sewage flow of 2,500 new text end 51.28 new text begin gallons per day or less new text end . By April 4, 2011, the Pollution Control Agency shall adopt the 51.29final rule amendments to the February 4, 2008, subsurface sewage treatment system rules. 51.30A county must continue to enforce its current ordinance until a new one has been adopted. 51.31    (b) By January 15, 2011, the agency, after consultation with the Board of Water and 51.32Soil Resources and the Association of Minnesota Counties, shall report to the chairs and 52.1ranking minority members of the senate and house of representatives environment and 52.2natural resources policy and finance committees and divisions on: 52.3    (1) the technical changes in the rules for subsurface sewage treatment systems 52.4that were adopted on February 4, 2008; 52.5    (2) the progress in local adoption of ordinances to comply with the rules; and 52.6    (3) the progress in protecting the state's water resources from pollution due to 52.7subsurface sewage treatment systems. 52.8    Sec. 98. new text begin SHALLOW LAKES MANAGEMENT REPORT. new text end 52.9     new text begin By January 1, 2012, the commissioner of natural resources shall submit a report to new text end 52.10 new text begin the senate and house of representatives committees and divisions with jurisdiction over new text end 52.11 new text begin natural resources policy that includes: new text end 52.12     new text begin (1) a summary of the science and ecology of shallow lakes; new text end 52.13     new text begin (2) a summary of the significance of shallow lakes to continental and state waterfowl new text end 52.14 new text begin populations and Minnesota's waterfowl heritage; new text end 52.15     new text begin (3) examples and documented results of previous temporary water-level management new text end 52.16 new text begin activities; new text end 52.17     new text begin (4) a list of current statutes and rules applicable to shallow lakes including, but not new text end 52.18 new text begin limited to, water-level management of shallow lakes and drainage law under chapter new text end 52.19 new text begin 103E; and new text end 52.20     new text begin (5) a list of any changes to statute necessary that would allow the commissioner of new text end 52.21 new text begin natural resources, through shallow lake management, to better achieve the state's wildlife new text end 52.22 new text begin habitat and clean water goals and address the threats of invasive species, including carp new text end 52.23 new text begin and the use of fish barriers. new text end 52.24    Sec. 99. new text begin CONSUMPTIVE USE OF WATER. new text end 52.25 new text begin Pursuant to Minnesota Statutes, section 103G.265, subdivision 3, the legislature new text end 52.26 new text begin approves of the consumptive use of water under a permit of more than 2,000,000 gallons new text end 52.27 new text begin per day average in a 30-day period in Cook County, in connection with snowmaking new text end 52.28 new text begin and potable water. Notwithstanding any other law to the contrary, the permit for the new text end 52.29 new text begin consumptive use of water approved under this section shall be issued, subject to the new text end 52.30 new text begin fees specified under Minnesota Statutes, section 103G.271, without any additional new text end 52.31 new text begin administrative process to withdraw up to 150,000,000 gallons of water annually for new text end 52.32 new text begin snowmaking and potable water purposes. The permit authorized under this section shall new text end 52.33 new text begin be suspended if the flow of the Poplar River falls below 15 cubic feet per second for more new text end 52.34 new text begin than five consecutive days. The permit shall be for a term of five years. new text end 53.1    Sec. 100. new text begin RULEMAKING; SOLID WASTE LAND DISPOSAL FACILITY new text end 53.2 new text begin PERMITS. new text end 53.3     new text begin (a) The commissioner of the Pollution Control Agency shall amend Minnesota new text end 53.4 new text begin Rules, part 7001.3500, subpart 1, to extend permit terms to ten years and take into account new text end 53.5 new text begin site capacity for a solid waste land disposal facility. new text end 53.6 new text begin (b) In amending the rules under this section, the commissioner of the Pollution new text end 53.7 new text begin Control Agency may use the good cause exemption under Minnesota Statutes, section new text end 53.8 new text begin 14.388, subdivision 1, clause (3), and Minnesota Statutes, section 14.386, does not apply, new text end 53.9 new text begin except as provided in Minnesota Statutes, section 14.388. new text end 53.10    Sec. 101. new text begin TERRY MCGAUGHEY MEMORIAL BRIDGE. new text end 53.11 new text begin The commissioner of natural resources shall designate the Paul Bunyan Trail bridge new text end 53.12 new text begin that crosses Excelsior Road in Baxter as the Terry McGaughey Memorial Bridge. The new text end 53.13 new text begin commissioner shall place signs with the designation on both ends of the bridge. new text end 53.14    Sec. 102. new text begin CAMP FIVE TOWNSHIP EASEMENT LEASE. new text end 53.15 new text begin (a) By September 1, 2011, the commissioner of natural resources shall grant to the new text end 53.16 new text begin local township a road easement across state land administered by the commissioner in new text end 53.17 new text begin Sections 16 and 21, Township 66 N., Range 19 W., St. Louis County. new text end 53.18 new text begin (b) Provided, however, if the local township will not accept the above-described new text end 53.19 new text begin easement, the commissioner of natural resources shall grant at fair market value to the new text end 53.20 new text begin lessee of former State Lease No. 144-012-0425, a 20-year road lease across state land new text end 53.21 new text begin administered by the commissioner in Sections 16 and 21, Township 66 N., Range 19 W., new text end 53.22 new text begin St. Louis County. new text end 53.23 new text begin (c) Notwithstanding section 16A.125, subdivision 5, the market value fee for the new text end 53.24 new text begin school lands must be deposited into the permanent school fund. new text end 53.25    Sec. 103. new text begin REVISOR'S INSTRUCTION. new text end 53.26     new text begin The revisor of statutes shall change the range reference "sections 103F.701 to new text end 53.27 new text begin 103F.761" wherever it appears in Minnesota Statutes and Minnesota Rules to "sections new text end 53.28 new text begin 103F.701 to 103F.755." new text end 53.29    Sec. 104. new text begin REPEALER. new text end 53.30 new text begin (a) Minnesota Statutes 2010, sections 84.02, subdivisions 1, 2, 3, 4, 6, 7, and 8; new text end 53.31 new text begin 85.013, subdivision 2b; 103F.711, subdivision 7; 103F.721; 103F.731, subdivision 1; and new text end 53.32 new text begin 103F.761, new text end new text begin are repealed. new text end 54.1 new text begin (b) Minnesota Statutes 2010, section 84D.02, subdivision 4, new text end new text begin is repealed. new text end 54.2 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (b) is effective the day following final enactment. new text end