HF 293

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; appropriating money for environment and
natural resources; modifying meeting requirements of the Legislative-Citizen
Commission on Minnesota Resources; amending Minnesota Statutes 2006,
section 116P.08, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. MINNESOTA RESOURCES APPROPRIATION.

The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this act. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated for each
purpose. The figures "2008" and "2009" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2008, or June 30, 2009,
respectively. "The first year" is fiscal year 2008. "The second year" is fiscal year 2009.
"The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal year ending
June 30, 2007, are effective the day following final enactment.

			APPROPRIATIONS
			Available for the Year
			Ending June 30
				2008		2009

Sec. 2. MINNESOTA RESOURCES

Subdivision 1. Total Appropriation

$

23,366,000

$

-0-

Appropriations by Fund
	2008	2009
Environment and Natural Resources Trust	22,866,000	-0-
State Land and Water Conservation Account (LAWCON)	500,000	-0-

Appropriations are available for either year
of the biennium. Any unencumbered balance
remaining in the first year does not cancel
and is available for the second year of the
biennium.

Subd. 2. Definitions

(a) "Trust fund" means the Minnesota
environment and natural resources trust fund
referred to in Minnesota Statutes, section
116P.02, subdivision 6.

(b) "State land and water conservation
account (LAWCON)" means the state land
and water conservation account in the natural
resources fund referred to in Minnesota
Statutes, section 116P.14.

Subd. 3. LCCMR and Contract Administration

1,318,000

-0-

(a) Legislative-Citizen Commission on Minnesota Resources (LCCMR)

$1,278,000 is from the trust fund for fiscal
years 2008 and 2009 and is for administration
as provided in Minnesota Statutes, section
116P.09, subdivision 5.

Notwithstanding Minnesota Statutes, section
16A.281, the availability of up to $50,000 of
the appropriation from Laws 2006, chapter
243, section 19, is extended to June 30, 2008,
for communications outreach.

(b) Contract Administration

$40,000 is from the trust fund to the
commissioner of natural resources to
complete contract management for duties
assigned in Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision
3, paragraph (b), and additional duties as
assigned in this section.

Subd. 4. Land

14,835,000

-0-

Appropriations by Fund
Environment and Natural Resources Trust	14,335,000	-0-
LAWCON	500,000	-0-

(a) Forest Legacy Conservation Easements

$2,000,000 is from the trust fund to the
commissioner of natural resources to acquire
permanent working forest conservation
easements on private forests in northern
Minnesota, the Mississippi blufflands, and
other areas identified through the state forest
legacy program. Priority must be given to
acquiring easements on private lands within
existing Minnesota state forest boundaries.
Any easements acquired must have a
sustainable forestry practice management
plan. Land subject to easements acquired
under this appropriation is not eligible for
payment under Minnesota Statutes, section
290C.07. The commissioner must report
to the Legislative-Citizen Commission
on Minnesota Resources with proposed
minimum standards for forest conservation
easements by June 1, 2007. The commission
shall consider the proposed standards as
part of the work program approval by June
30, 2007. No funds shall be expended until
the commission has reviewed and approved
minimum standards for forest conservation
easements funded by the trust fund.

(b) Minnesota Habitat Corridors Partnership - Phase IV

$4,200,000 is from the trust fund to the
commissioner of natural resources for
acceleration of agency programs and
cooperative agreements with Pheasants
Forever; Minnesota Deer Hunters
Association; Ducks Unlimited, Inc.; National
Wild Turkey Federation; The Nature
Conservancy; Minnesota Land Trust; The
Trust for Public Land; Minnesota Valley
National Wildlife Refuge Trust, Inc.; United
States Fish and Wildlife Service; Red Lake
Band of Chippewa; Leech Lake Band of
Chippewa; Fond du Lac Band of Chippewa;
USDA-Natural Resources Conservation
Service; and the Board of Water and Soil
Resources to plan, restore, and acquire
fragmented landscape corridors that connect
areas of quality habitat to sustain fish,
wildlife, and plants. Expenditures are limited
to the project corridor areas as defined in
the work program. Land acquired with this
appropriation must be sufficiently improved
to meet at least minimum habitat and facility
management standards as determined by
the commissioner. This appropriation may
not be used for the purchase of residential
structures, unless expressly approved in the
work program. All conservation easements
must be perpetual and have a natural resource
management plan. Any land acquired in fee
title by the commissioner with money from
this appropriation must be designated:

(1) as an outdoor recreation unit under
Minnesota Statutes, section 86A.07; or

(2) as provided in Minnesota Statutes,
sections 89.018, subdivision 2, paragraph (a);
97A.101; 97A.125; 97C.001; and 97C.011.
The commissioner may similarly designate
any lands acquired in less than fee title.

(c) Metro Conservation Corridors - Phase III

$2,500,000 is from the trust fund to the
commissioner of natural resources for
acceleration of agency programs and
cooperative agreements with The Trust for
Public Land; Friends of the Mississippi
River; Great River Greening; Minnesota
Land Trust; Minnesota Valley National
Wildlife Refuge Trust, Inc.; Trout Unlimited;
and Friends of the Minnesota Valley for
the purposes of planning, restoring, and
protecting important natural areas in the
metropolitan region, as defined by Minnesota
Statutes, section 473.121, subdivision 2,
and portions of the surrounding counties,
through grants, contracted services,
conservation easements, and fee acquisition.
Land acquired with this appropriation
must be sufficiently improved to meet at
least minimum management standards
as determined by the commissioner.
Expenditures are limited to the identified
project corridor areas as defined in the work
program. This appropriation may not be used
for the purchase of residential structures,
unless expressly approved in the work
program. All conservation easements must
be perpetual and have a natural resource
management plan. Any land acquired in fee
title by the commissioner of natural resources
with money from this appropriation must be
designated:

(1) as an outdoor recreation unit under
Minnesota Statutes, section 86A.07; or

(2) as provided in Minnesota Statutes,
sections 89.018, subdivision 2, paragraph (a);
97A.101; 97A.125; 97C.001; and 97C.011.
The commissioner may similarly designate
any lands acquired in less than fee title.

(d) Prairie Stewardship Assistance for Private Landowners

$220,000 is from the trust fund to the
commissioner of natural resources to develop
stewardship plans and implement prairie
management on private prairie lands on a
cost-share basis with private or federal funds.

(e) State Park and Trail Land Acquisition

$1,500,000 is from the trust fund to the
commissioner of natural resources to acquire
land for state trails and in-holdings for state
parks. Land acquired with this appropriation
must be sufficiently improved to meet at
least minimum management standards as
determined by the commissioner.

(f) Metropolitan Regional Park System Land Acquisition

$2,500,000 is from the trust fund to the
Metropolitan Council for subgrants for the
acquisition of lands within the approved park
unit boundaries of the metropolitan regional
park system. This appropriation may not
be used for the purchase of residential
structures. Subdivision 12 applies to grants
awarded in the approved work program. This
appropriation must be matched by at least
40 percent of nonstate money and must be
committed by December 31, 2007, or the
appropriation cancels. This appropriation
is available until June 30, 2010, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.

(g) Nonmetropolitan Regional Parks and Natural and Scenic Area Acquisitions

$1,000,000 is from the trust fund to the
commissioner of natural resources to provide
matching grants to local governments for
acquisition of natural and scenic areas, as
provided in Minnesota Statutes, section
85.019, subdivision 4a, and regional parks
outside of the metropolitan area, as defined
in Minnesota Statutes, section 473.121,
subdivision 2. The local match required for
a grant to acquire a regional park or regional
outdoor recreation area is $2 of nonstate
money for each $3 of state money. For the
purposes of this paragraph, the match may
be either cash or a qualifying land donation.
Recipients may receive funding for more
than one project in any given grant period.
Subdivision 12 applies to grants awarded in
the approved work program.

(h) LAWCON Federal Reimbursements

$500,000 is from the state land and water
conservation account (LAWCON) in the
natural resources fund to the commissioner of
natural resources for priorities established by
the commissioner for eligible state projects
and administrative and planning activities
consistent with Minnesota Statutes, section
116P.14, and the federal Land and Water
Conservation Fund Act. Subdivision 12
applies to grants awarded in the approved
work program. This appropriation is
contingent upon receipt of the federal
obligation and remains available until June
30, 2010, at which time the project must
be completed and final products delivered,
unless an earlier date is specified in the work
program.

(i) Biological Control of European Buckthorn and Garlic Mustard

$300,000 is from the trust fund to the
commissioner of natural resources to
research potential insects for biological
control of invasive European buckthorn
species for the third biennium and to
introduce and evaluate insects for biological
control of garlic mustard for the second
biennium. This appropriation is available
until June 30, 2010, at which time the
project must be completed and final products
delivered, unless an earlier date is specified
in the work program.

(j) Neutralization of Reed Canary Grass Root Exudates

$115,000 is from the trust fund to Minnesota
State University, Mankato, to assess
plant-soil feedback contribution to the
invasiveness of reed canary grass through
identification and neutralization of inhibitory
root exudates.

Subd. 5. Water Resources

5,051,000

-0-

(a) Local Water Management Matching Challenge Grants

$350,000 is from the trust fund to the Board
of Water and Soil Resources to accelerate
the local water management challenge
grant program under Minnesota Statutes,
sections 103B.3361 to 103B.3369, through
matching grants to implement high priority
activities in state-approved comprehensive
water management plans. For the purposes
of this paragraph, the match must be a
nonstate contribution and may be either cash
or qualifying in-kind. The grants may be
provided on an advance basis as specified
in the work program. This appropriation
is available until June 30, 2010, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.

(b) Protection of Rare and Unique Rock Outcrop Wetlands

$563,000 is from the trust fund to the Board
of Water and Soil Resources in cooperation
with Renville and Redwood Soil and
Water Conservation Districts for perpetual
easements of unique wetland and riparian
habitats associated with rock outcrops in the
Minnesota River Valley.

(c) Land Retirement Effects on Minnesota River Basin Streams

$275,000 is from the trust fund for the
second biennium to the Board of Water and
Soil Resources for a cooperative agreement
with the United States Geological Survey to
define the relation between land retirement
and water quality and biological integrity in
Minnesota River subbasins and to determine
if nutrient transport reductions improve
habitat and biodiversity in order to enhance
prioritization of future land retirements.
This appropriation must be matched by an
equal amount of nonstate money and must
be committed by December 31, 2007, or the
appropriation cancels.

(d) Demonstrating Benefits of Conservation Grasslands on Water Quality

$374,000 is from the trust fund to the
Science Museum of Minnesota to assess the
long-term benefits of conservation grasslands
in reducing sediment and nutrient loads
through quantitative lake sediment analysis
in small watersheds with different grassland
acreages. This appropriation is available
until June 30, 2010, at which time the
project must be completed and final products
delivered, unless an earlier date is specified
in the work program.

(e) Improved River Quality Monitoring Using Airborne Remote Sensing

$159,000 is from the trust fund to Minnesota
State University, Mankato, to monitor river
water quality and riparian habitat through
airborne dynamic hyperspectral remote
sensing on the Blue Earth River.

(f) Evaluating Riparian Timber Harvesting Guidelines - Phase III

$400,000 is from the trust fund to the
University of Minnesota to assess the timber
harvesting riparian management guidelines
for postharvest impacts on terrestrial, aquatic,
and wildlife habitats.

(g) Innovative Springshed Mapping for Trout Stream Management

$270,000 is from the trust fund to the
University of Minnesota to identify and
delineate supply areas and springsheds, for
springs serving as coldwater sources for
modern and historic trout streams, and to
assess the impacts from development and
groundwater appropriations.

(h) Intra-lake Zoning to Protect Sensitive Lakeshore Areas

$110,000 is from the trust fund to the
commissioner of natural resources in
cooperation with Cass County to identify
sensitive shorelines of the highest priority
lakes to protect water quality and near-shore
habitat through improved shoreland zoning
by Cass County.

(i) Water Resource Sustainability

$292,000 is from the trust fund to the
University of Minnesota to quantify
sustainable supplies of surface and
groundwater by integrating surface water,
vadose zone, and groundwater systems into
defined hydrologic units.

(j) County Geologic Atlas Program Acceleration

$400,000 is from the trust fund to the
University of Minnesota, Minnesota
Geologic Survey, to accelerate the production
of county geologic atlases that describe
location, size, boundaries, and vulnerability
of aquifers to enhance the protection and use
of groundwater.

(k) Minnesota's Water Resources: Impacts of Climate Change - Phase II

$300,000 is from the trust fund for the second
biennium to the University of Minnesota,
Natural Resources Research Institute, to
quantify climate, hydrologic, and ecological
variability and trends, along with economic
impacts of environmental fluctuation on
water resources, and to identify indicators
of future climate change effects on aquatic
systems. This appropriation is available until
June 30, 2010, at which time the project must
be completed and final products delivered,
unless an earlier date is specified in the work
program.

(l) Pharmaceutical and Microbiological Pollution

$302,000 is from the trust fund to
the University of Minnesota to
develop technologies that eliminate
antibiotic-resistant bacteria, hormones,
and other pharmaceutical compounds from
Minnesota's surface waters.

(m) Threat of Emerging Contaminants to Upper Mississippi Walleye

$97,000 is from the trust fund to St. Cloud
State University to assess whether the genetic
diversity of walleye in the Upper Mississippi
is negatively impacted by emerging
contaminants at pollution hotspots where
feminized male fish have been identified.

(n) Cedar Creek Groundwater Project using Prairie Biofuel Buffers

$659,000 is from the trust fund to the
University of Minnesota, Cedar Creek
Natural History Area, to provide quantitative
data on the ability of diverse prairie buffers to
capture runoff pollutants, to produce biofuel
with minimal water requirements, and to
provide high carbon sequestration. This
appropriation is available until June 30, 2010,
at which time the project must be completed
and final products delivered, unless an earlier
date is specified in the work program.

(o) Pyrolysis Pilot Project

$500,000 is from the trust fund to the
University of Minnesota in cooperation with
Rural Advantage to demonstrate a water-free
pyrolysis technology for converting biomass
feedstock to biofuels. This appropriation
is available until June 30, 2010, at which
time the project must be completed and final
products delivered, unless an earlier date is
specified in the work program.

Subd. 6. Natural Resource Information

2,002,000

-0-

(a) Minnesota County Biological Survey

$1,500,000 is from the trust fund to
the commissioner of natural resources to
accelerate the biological survey that identifies
significant natural areas and systematically
collects and interprets data on the distribution
and ecology of native plant communities,
rare plants, and rare animals.

(b) Soil Survey

$400,000 is from the trust fund to the Board
of Water and Soil Resources to accelerate
the completion of soil survey mapping and
Web-based data delivery in five or more
counties. The new soil surveys must be done
on a cost-share basis with local and federal
funds.

(c) Field Guide for Evaluating Vegetation of Restored Wetlands

$53,000 is from the trust fund to the Board of
Water and Soil Resources for an agreement
with Bonestroo, Rosene, Anderlik, &
Associates to develop a printed and
Web-based field guide to assist the evaluation
of the quality of wetland restorations in
Minnesota. This wetland guide must be
available for downloading free of charge on
the Internet.

(d) Natural Resource Data Collection and Mapping

$49,000 is from the trust fund to the
Legislative-Citizen Commission on
Minnesota Resources for analysis and
implementation of critical state natural
resource data collection and mapping.

Subd. 7. Emerging Issues Account

160,000

-0-

$160,000 is from the trust fund to an
emerging issues account as authorized
in Minnesota Statutes, section 116P.08,
subdivision 4, paragraph (d).

Subd. 8. Availability of Appropriations

Unless otherwise provided, the amounts in
this section are available until June 30, 2009,
when projects must be completed and final
products delivered. For acquisition of real
property, the amounts in this section are
available until June 30, 2010, if a binding
contract is entered into by June 30, 2009,
and closed not later than June 30, 2010. The
amounts available in this section may be
extended through an approved work program
by up to one year. If a project receives
a federal grant, the appropriation for the
project shall be extended to equal the federal
grant period.

Subd. 9. Leveraged Funds for Real Property Interest Requirement

The work program for every appropriation
for acquisition of a real property interest
shall identify nonstate leveraged funds and a
plan for expenditure of funds to maximize
the benefit of the trust fund allocation. Any
work program that proposes materially less
leverage than the proposal shall be brought
to the Legislative-Citizen Commission
on Minnesota Resources for review and
approval or disapproval. The final report
of each project shall identify all leverage
obtained. Leveraged funds shall be spent
concurrently with trust fund appropriations
to the extent possible.

Subd. 10. Data Availability Requirements

(a) Data collected by the projects funded
under this section that have value for
planning and management of natural
resource, emergency preparedness, and
infrastructure investments must conform
to the enterprise technical architecture
maintained by the Office of Enterprise
Technology. Spatial data must conform to
geographic information system guidelines
and standards outlined in that architecture
and adopted by the Minnesota Geographic
Data Clearinghouse at the Land Management
Information Center. A description of spatial
data collected must adhere to Office of
Enterprise Technology geographic metadata
standards and must be submitted to the Land
Management Information Center to be made
available online through the clearinghouse
and the data themselves must be accessible
and free to the public unless made private
under the Data Practices Act, Minnesota
Statutes, chapter 13.

(b) To the extent practicable, summary data
and results of projects funded under this
section should be readily accessible on the
Internet and identified as an environment and
natural resources trust fund project.

Subd. 11. Project Requirements

It is a condition of acceptance of the
appropriations in this section that any agency
or entity receiving the appropriation must
comply with Minnesota Statutes, chapter
116P; vegetation planted must be of native
ecotypes to Minnesota, and preferably
of the local ecotype, unless expressly
approved in the work program; parties to an
easement must specify in the easement all
the provisions of their agreement that are
perpetual; an electronic copy of the terms
of an easement acquired must be sent to the
commission office; and in any acquisition of
land or interest in land, priority must be given
to lands with high quality natural resources
or conservation lands that provide natural
buffers to water resources.

Subd. 12. Payment Conditions and Capital Equipment Expenditures

All agreements, grants, or contracts referred
to in this section must be administered on
a reimbursement basis unless otherwise
provided in this section. Notwithstanding
Minnesota Statutes, section 16A.41,
expenditures made on or after July 1,
2007, or the date the work program is
approved, whichever is later, are eligible for
reimbursement unless otherwise provided
in this section. Periodic payment must
be made upon receiving documentation
that the deliverable items articulated in
the approved work program have been
achieved, including partial achievements
as evidenced by approved progress reports.
Reasonable amounts may be advanced to
projects to accommodate cash flow needs or
match federal money. The advances must
be approved as part of the work program.
No expenditures for capital equipment are
allowed unless expressly authorized in the
project work program.

Subd. 13. Purchase of Recycled and Recyclable Materials

A political subdivision, public or private
corporation, or other entity that receives
an appropriation in this section must use
the appropriation in compliance with
Minnesota Statutes, sections 16B.121 and
16B.122, requiring the purchase of recycled,
repairable, and durable materials; the
purchase of uncoated paper stock; and the
use of soy-based ink.

Subd. 14. Energy Conservation and Sustainable Building Guidelines

A recipient to whom an appropriation is made
in this section for a capital improvement
project shall ensure that the project complies
with the applicable energy conservation and
sustainable building guidelines and standards
contained in law, including Minnesota
Statutes, sections 16B.325, 216C.19, and
216C.20, and rules adopted thereunder.
The recipient may use the energy planning,
advocacy, and state energy office units of
the Department of Commerce to obtain
information and technical assistance on
energy conservation and alternative energy
development relating to the planning and
construction of the capital improvement
project.

Subd. 15. Accessibility

Structural and nonstructural facilities must
meet the design standards in the federal
Americans with Disability Act (ADA)
accessibility guidelines.

Subd. 16. Carryforward

(a) The availability of the appropriations for
the following projects is extended to June
30, 2008:

(1) Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision
7, paragraph (j), improving impaired
watersheds: conservation drainage research;

(2) Laws 2005, First Special Session chapter
1, article 2, section 11, subdivision 8,
paragraph (d), open space planning and
protection; and

(3) Laws 2005, First Special Session chapter
1, article 2, section 11, subdivision 10,
paragraph (d), dairy farm digesters.

(b) The availability of the appropriation for
the following project is extended to June 30,
2009:

(1) Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision
9, paragraph (a), completing third-party
certification of DNR forest lands; and

(2) Laws 2005, First Special Session
chapter 1, article 2, section 11, subdivision
10, paragraph (e), wind to hydrogen
demonstration.

Sec. 3.

Minnesota Statutes 2006, section 116P.08, subdivision 5, is amended to read:

Subd. 5.

Public meetings.

Technical advisory committee and commission (a)
Meetings of the commission, committees or subcommittees of the commission, technical
advisory committees, and peer review panels must be open to the public. The commission
shall attempt to meet throughout various regions of the state during each biennium. For
purposes of this subdivision, a meeting occurs when a quorum is present and action
is taken regarding a matter within the jurisdiction of the commission, a committee or
subcommittee of the commission, a technical advisory committee, or a peer review panel.

(b) For legislative members of the commission, enforcement of this subdivision is
governed by section 3.055, subdivision 2. For nonlegislative members of the commission,
enforcement of this subdivision is governed by section 13D.06, subdivisions 1 and 2.